Local Government and Housing Act 1989

Construction of sections 15 to 17 E+W+S

3 (1) The Secretary of State may, for the purposes of sections 15 and 16 of this Act, by regulations make provision— E+W+S

(a) as to the circumstances in which the members of a relevant authority are to be treated as divided into different political groups;

(b) as to the persons who are to be treated as members of such a group and as to when a person is to be treated as having ceased to be a member of such agroup;

(c) requiring the question whether a person is or is not a member of a political group to be determined in such manner as may be provided for by or under the regulations;

(d) specifying the manner in which, and times at which, the wishes of such a group are to be expressed and the consequences of a failure by such a group to express its wishes.

(2) Regulations under this paragraph may make provision modifying the provisions of sections 15 and 16 of this Act in relation to any case in which some of the members of a relevant authority fall to be treated as members of one or more political groups and the others do not.

4 (1) In sections 15 to 17 of this Act and this Schedule—

• “advisory committee”, in relation to a relevant authority,means a committee appointed by the authority under section 102(4) of the M1 Local Government Act 1972 or section 57(4) of the M2 Local Government (Scotland) Act 1973 (advisory committees);

• F1 . . .

• “membership”, in relation to a relevant authority, means thenumber of persons who are for the time being members of the authority,disregarding any person who is treated as continuing to be a member of theauthority by virtue of section 3(3) of the Local Government Act 1972 (chairmanto continue as a member until replaced);

• “ordinary committee”—

  (a)

  in relation to any relevant authority in England and Wales, means theauthority’s F2 . . .social services committee or any othercommittee of the authority appointed under section 102(1)(a) of the LocalGovernment Act 1972, not being a body to which section 15 of this Act appliesby virtue of paragraph 2 above; and

  (b)

  in relation to any relevant authority in Scotland, means the authority’seducation committee, their social work committee or any committee of theauthority appointed under section 57(1)(a) of the Local Government (Scotland)Act 1973;

• “relevant authority”—

  (a)

  in relation to England and Wales, means a local authority of any of thedescriptions specified in paragraphs (a) to (c) or (f) to (j) of section 21(1)of this Act; and

  (b)

  in relation to Scotland, means a local authority;

  and

• “seat”, in relation to a body to which section 15 of this Actapplies, means such a position as a member of that body as—

  (a)

  entitles the person holding the position to vote at meetings of the bodyon any question which falls to be decided at such a meeting; and

  (b)

  in the case of a position as member of an advisory committee or of asub-committee appointed by an advisory committee, is not a position which theauthority or committee have determined must be filled by the appointment ofa person who is not a member of the authority.

(2) In this Schedule—

• “ordinary sub-committee”—

  (a)

  in relation to any relevant authority in England and Wales, means anysub-committee of the authority’s F3 . . . social servicescommittee or any other sub-committee of that authority appointed under section102(1)(c) of the M3 Local Government Act 1972 by an ordinarycommittee of that authority; and

  (b)

  in relation to any relevant authority in Scotland, means any sub-committeeof an ordinary committee;

• “social services committee”, in relation to any relevantauthority in England and Wales, means any committee established by theauthority under section 2 of the M4 Local Authority SocialServices Act 1970; and

• “social work committee”, in relation to a relevant authorityin Scotland, means any committee appointed by the authority under section 2of the M5 Social Work (Scotland) Act 1968.

(3) References in this paragraph to voting include references to making useof a casting vote.

Textual Amendments

F1 Sch. 1 para. 4(1): definition of “education committee" repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 157(a)(ii), Sch. 21 Pt. II; S.I. 1994/507, art. 4 Sch. 2

F2 Sch. 1 para. 4(1): words in definition of “ordinary committee" repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 157(a)(i), Sch. 21 Pt. II; S.I. 1994/507, art. 4 Sch. 2

F3 Sch. 1 para. 4(2): words in definition of “ordinary sub-committee" repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 157(b), Sch. 21 Pt. II; S.I. 1994/507, art. 4 Sch. 2

Marginal Citations

M1 1972 c. 70.

M2 1973c. 65.

M3 1972 c. 70.

M4 1970 c. 42.

M5 1968 c. 49.