The Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012

Arrangements involving joint committees

11.—(1) Paragraph (2) applies where—

(a) arrangements are made under section 101(5) of the 1972 Act at the same time in relation to more than one function;

(b) at least one of those functions is one which is the responsibility of an executive of a local authority; and

(c) the arrangements in respect of each function are made on behalf of the same local authorities, regardless of who made the arrangements on behalf of each authority in respect of each function.

(2) Where this paragraph applies the arrangements may provide for one joint committee to discharge all the functions which are the subject of the arrangements on behalf of those authorities.

(3) Subject to paragraph (4), where the arrangements provide for the discharge of functions by a joint committee, the joint committee may be a new joint committee or an existing joint committee.

(4) Arrangements made under this Part may only provide for an existing joint committee to discharge functions on behalf of the authorities concerned where each function, which the joint committee will discharge or will continue to discharge once the arrangements are made, is to be discharged on behalf of each of those authorities and not on behalf of any other authorities.

(5) Where arrangements provide for the discharge of functions by a joint committee and the functions to be discharged by that joint committee, in relation to an authority, are all the responsibility of the authority—

(a) appointment of the joint committee is to be made, under section 102(1)(b) of the 1972 Act; and

(b) the number of members to be appointed, their term of office, and the area (if restricted) within which the committee is to exercise its authority, are to be fixed, under section 102(2) of the 1972 Act,

in relation to the authority, by the authority.

(6) Where arrangements provide for the discharge of functions by a joint committee and the functions to be discharged by that joint committee, in relation to an authority, are all the responsibility of the executive of the authority—

(a) appointment of the joint committee is to be made, under section 102(1)(b) of the 1972 Act; and

(b) the number of members to be appointed, their term of office, and the area (if restricted) within which the committee is to exercise its authority, are to be fixed, under section 102(2) of the 1972 Act,

in relation to the authority, by the person who, by virtue of regulation 3 or 4, has power to make arrangements under section 101(5) of the 1972 Act in accordance with this Part.

(7) Where arrangements provide for the discharge of functions by a joint committee and one or more, but not all, of the functions to be discharged by that joint committee, in relation to an authority, are the responsibility of the executive of the authority—

(a) appointment of the joint committee is to be made, under section 102(1)(b) of the 1972 Act; and

(b) the number of members to be appointed, their term of office, and the area (if restricted) within which the committee is to exercise its authority, are to be fixed, under section 102(2) of the 1972 Act,

in relation to the authority, by the authority with the agreement of the executive of that authority.

(8) A joint committee appointed in accordance with this regulation may, subject to the terms of the arrangements and unless a relevant person, if any, directs otherwise, arrange for the discharge of any of its functions by a sub-committee of the joint committee or an officer of one of the authorities concerned.

(9) Any sub-committee appointed in accordance with paragraph (8) may, subject to the terms of the arrangements and unless the joint committee or a relevant person, if any, directs otherwise, arrange for the discharge of any of its functions by an officer of one of the authorities concerned.

(10) In paragraphs (8) and (9), “a relevant person” means, in relation to any local authority whose functions are the subject of the arrangements and where the function in question is the responsibility of the executive of that authority—

(a) where the local authority has a mayor and cabinet executive, the elected mayor; or

(b) where the local authority has a leader and cabinet executive, the executive leader.