Localism Act 2011

Local Government and Housing Act 1989 (c. 42)

4 (1) Section 3A of the Local Government and Housing Act 1989 (grant and supervision of exemptions from political restriction: England) is amended as follows.

(2) In subsection (1)—

(a) for “standards committee” substitute “head of paid service”,

(b) omit “which is a relevant authority”,

(c) in paragraph (a) for “committee” substitute “head of paid service”, and

(d) in that paragraph and paragraph (b) omit “relevant”.

(3) In subsection (2)(a) omit “relevant”.

(4) In subsection (3)—

(a) for “standards committee” substitute “head of paid service”,

(b) for “committee” substitute “head of paid service”, and

(c) in paragraph (b) omit “relevant”.

(5) In subsection (4)—

(a) for “standards committee” substitute “local authority’s head of paid service”,

(b) for “committee” substitute “head of paid service”, and

(c) in paragraph (b)(i) omit “relevant”.

(6) Omit subsection (5).

(7) In subsection (6)—

(a) omit “which is a relevant authority”, and

(b) in paragraph (a)—

(i) for “standards committee” substitute “head of paid service”,

(ii) for “committee” substitute “head of paid service”, and

(iii) omit “its”.

(8) In subsection (7)—

(a) omit “its”, and

(b) for “standards committee” substitute “local authority’s head of paid service”.

(9) After that subsection insert—

“(7A) In carrying out functions under this section a local authority’s head of paid service must consult the monitoring officer of that authority (unless they are the same person).

(7B) The Secretary of State may by regulations make provision about the application of this section to a local authority that is not required to designate one of its officers as the head of its paid service.

(7C) Regulations under subsection (7B) may apply any provisions of this section (with or without modifications) to an authority to which they apply.”

(10) Omit subsections (8) to (10).