Local Government and Housing Act 1989

2 Politically restricted posts. E+W+S

(1) The following persons are to be regarded for the purposes of this Part asholding politically restricted posts under a local authority—

(a) the person designated under section 4 below as the head of the authority’spaid service;

(b) the statutory chief officers;

(c) a non-statutory chief officer;

(d) a deputy chief officer;

(e) the monitoring officer designated under section 5 below;

(f) any person holding a post to which he was appointed in pursuance ofsection 9 below; and

(g) any person not falling within paragraphs (a) to (f) above whose post isfor the time being specified by the authority in a list maintained inaccordance with subsection (2) below and any directions under section 3 belowor with section 100G(2) of the M1 Local Government Act 1972or section 50G(2) of the M2 Local Government (Scotland) Act1973 (list of officers to whom powers are delegated).

(2) It shall be the duty of every local authority to prepare and maintain alist of such of the following posts under the authority, namely—

(a) the full time posts the annual rate of remuneration in respect of whichis or exceeds £19,500 or such higher amount as may be specified in ordetermined under regulations made by the Secretary of State;

(b) the part time posts the annual rate of remuneration in respect of whichwould be or exceed that amount if they were full time posts in respect ofwhich remuneration were paid at the same rate as for the part time post; and

(c) posts not falling within paragraph (a) or (b) above the duties of whichappear to the authority to fall within subsection (3) below,

as are not posts for the time being exempted under section 3 below, postsfor the time being listed under section 100G(2) of the M3 Local Government Act 1972 or section 50G(2) of the M4 Local Government (Scotland) Act 1973 or posts of a descriptionspecified in regulations made by the Secretary of State for the purposes ofthis subsection.

(3) The duties of a post under a local authority fall within this subsectionif they consist in or involve one or both of the following, that is tosay—

(a) giving advice on a regular basis to the authority themselves, to anycommittee or sub-committee of the authority or to any joint committee on whichthe authority are represented;

(b) speaking on behalf of the authority on a regular basis to journalists orbroadcasters.

(4) It shall be the duty of every local authority to deposit the first listprepared under subsection (2) above with their proper officer before theexpiry of the period of two months beginning with the coming into force ofthis section; and it shall also be their duty, on subsequently making anymodifications of that list, to deposit a revised list with that officer.

(5) It shall be the duty of every local authority in performing their dutiesunder this section to have regard to such general advice as may be given byvirtue of subsection (1)(b) of section 3 below by a person appointed underthat subsection.

(6) In this section “the statutory chief officers” means—

(a) the chief education officer [F1 or director of education] appointed under [F2 section 532 of the Education Act 1996][F1 or section 78 of the M5 Education (Scotland) Act 1980];

(b) the chief officer of a fire brigade maintained under the M6 Fire Services Act 1947 and appointed under regulations made undersection 18(1)(a) of that Act;

(c) the director of social services or [F3 chief social work officer] appointed undersection 6 of the M7 Local Authority Social Services Act 1970or section 3 of the M8 Social Work (Scotland) Act 1968; and

(d) the officer having responsibility, for the purposes of section 151 of theLocal Government Act 1972, section 73 of the M9 LocalGovernment Act 1985, section 112 of the M10 Local GovernmentFinance Act 1988 or section 6 below or for the purposes of section 95 of the M11 Local Government (Scotland) Act 1973, for theadministration of the authority’s financial affairs.

(7) In this section “non-statutory chief officer” means, subject to the followingprovisions of this section—

(a) a person for whom the head of the authority’s paid service is directlyresponsible;

(b) a person who, as respects all or most of the duties of his post, isrequired to report directly or is directly accountable to the head of theauthority’s paid service; and

(c) any person who, as respects all or most of the duties of his post, isrequired to report directly or is directly accountable to the local authoritythemselves or any committee or sub-committee of the authority.

(8) In this section “deputy chief officer” means, subject to the followingprovisions of this section, a person who, as respects all or most of theduties of his post, is required to report directly or is directly accountableto one or more of the statutory or non-statutory chief officers.

(9) A person whose duties are solely secretarial or clerical or are otherwisein the nature of support services shall not be regarded as a non-statutorychief officer or a deputy chief officer for the purposes of this Part.

(10) Nothing in this section shall have the effect of requiring any person tobe regarded as holding a politically restricted post by reason of hisholding—

(a) the post of head teacher or principal of a school, college or othereducational institution or establishment which, in England and Wales, ismaintained or assisted by a local education authority or, in Scotland, isunder the management of or is assisted by an education authority; or

(b) any other post as a teacher or lecturer in any such school, college,institution or establishment,

or of requiring any such post to be included in any list prepared andmaintained under this section.

(11) Regulations under this section may contain such incidental provision andsuch supplemental, consequential and transitional provision in connection withtheir other provisions as the Secretary of State considers appropriate.

Textual Amendments

F1 Words in s. 2(6)(a) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 161(1)(2)(a), Sch. 14 (with s. 128(8)); S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F2 Words in s. 2(6)(a) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 para. 95 (with s. 1(4), Sch. 39 paras. 30, 39)

F3 Words in s. 2(6)(c) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 161(1)(2)(b) (with s. 128(8)); S.I. 1996/323, art. 4(1)(c)

Modifications etc. (not altering text)

C1 S. 2 extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 7(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Marginal Citations

M1 1972 c. 70.

M2 1973 c. 65.

M3 1972 c.70.

M4 1973 c.65.

M5 1980 c. 44.

M6 1947 c.41.

M7 1970 c. 42.

M8 1968 c. 49.

M9 1985 c. 51.

M10 1988 c. 41.

M11 1973 c. 65.