Part VI Discharge of Functions
101 Arrangements for discharge of functions by local authorities.
(1)
Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions—
(a)
by a committee, a sub-committee or an officer of the authority; or
(b)
by any other local authority.
F1(1A)
A local authority may not under subsection (1)(b) above arrange for the discharge of any of their functions by another local authority if, or to the extent that, that function is also a function of the other local authority and is the responsibility of the other authority’s executive.
(1B)
Arrangements made under subsection (1)(b) above by a local authority (“the first authority”) with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that,—
(a)
the first authority are operating or begin to operate executive arrangements, and that function becomes the responsibility of the executive of that authority; or
(b)
the authority with whom the arrangements are made (“the second authority”) are operating or begin to operate executive arrangements, that function is also a function of the second authority and that function becomes the responsibility of the second authority’s executive.
(1C)
Subsections (1A) and (1B) above do not affect arrangements made by virtue of section F29EA or 19 of the Local Government Act 2000 (discharge of functions of and by another authority).
F3(1D)
A combined authority may not arrange for the discharge of any functions under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority.
(1E)
“Mayoral function” has the meaning given by section 107G(7) of the Local Democracy, Economic Development and Construction Act 2009.
(2)
Where by virtue of this section any functions of a local authority may be discharged by a committee of theirs, then, unless the local authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority and where by virtue of this section any functions of a local authority may be discharged by a sub-committee of the authority, then, unless the local authority or the committee otherwise direct, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.
(3)
Where arrangements are in force under this section for the discharge of any functions of a local authority by another local authority, then, subject to the terms of the arrangements, that other authority may arrange for the discharge of those functions by a committee, sub-committee or officer of theirs and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of that other authority.
(4)
Any arrangements made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangements are made from exercising those functions.
(5)
Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—
(a)
they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and
(b)
any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.
F4(5A)
Arrangements made under subsection (5) above by two or more local authorities with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that, the function becomes the responsibility of an executive of any of the authorities.
(5B)
Subsection (5A) above does not affect arrangements made by virtue of section F59EB or 20 of the Local Government Act 2000 (joint exercise of functions).
F6(5C)
Arrangements under subsection (5) by two or more local authorities with respect to the discharge of any of their functions cease to have effect with respect to that function if, or to the extent that, the function becomes a general function of a mayor for the area of a combined authority.
(5D)
Subsection (5C) does not prevent arrangements under subsection (5) being entered into in respect of that function by virtue of section 107E of the Local Democracy, Economic Development and Construction Act 2009 (joint exercise of general functions).
(5E)
In subsection (5C), “general functions” has the meaning given in section 107D(2) of that Act.
(6)
A local authority’s functions with respect to levying, or issuing a precept for, a rate F7. . . shall be discharged only by the authority.
F8(6A)
Community Infrastructure Levy under Part 11 of the Planning Act 2008 is not a rate for the purposes of subsection (6).
(7)
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7A)
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)
Any enactment, except one mentioned in subsection (9) below, which contains any provision—
(a)
which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or
(b)
which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions, or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;
shall, to the extent that it makes any such provision, cease to have effect.
(9)
The following enactments, that is to say—
F11(a)
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F12(b)
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F13(c)
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F14(d)
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F15(e)
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F16(f)
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F17(g)
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F18(h)
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are exempted from subsection (8) above.
(10)
This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which by any enactment mentioned in subsection (9) above are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.
F19(10A)
In determining what arrangements to make for the discharge of any functions, a principal council in Wales may act as if paragraph (f) were omitted from subsection (9) above.
F20(11)
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(12)
References in this section and section 102 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.
(13)
In this Part of this Act “local authority” includes the Common Council, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, F21...F22any joint authority F23..., F24an economic prosperity board, a combined authority, F25a sub-national transport body, F26...F27. . ., a joint board on which a local authority within the meaning of this Act or any of the foregoing authorities are represented and, without prejudice to the foregoing, any port health authority.
F28(13A)
In this section “local authority” includes the London Fire Commissioner; but nothing in this section authorises functions of the Commissioner to be discharged by a committee or sub-committee of the Commissioner.
(14)
Nothing in this section affects the operation of section 5 of the 1963 Act or the M1Local Authorities (Goods and Services) Act 1970.
F29(15)
Nothing in this section applies in relation to any function under the Licensing Act 2003 of a licensing authority (within the meaning of that Act).
102 Appointment of committees.
(1)
For the purpose of discharging any functions in pursuance of arrangements made under section 101 above F30orF31section 53 of the Children Act 1989—
(a)
a local authority may appoint a committee of the authority; or
(b)
two or more local authorities may appoint a joint committee of those authorities; or
(c)
any such committee may appoint one or more sub-committees.
F32(1A)
For the purpose of discharging any function in pursuance of arrangements made under F33section 9E(2)(b)(iv), (3)(b), (4)(a) or (5)(a) of the Local Government Act 2000 F34or under regulations made under section 18 of that Act (discharge of functions by area committees)—
(a)
a local authority may appoint a committee of the authority; or
(b)
any such committee may appoint one or more sub-committees.
(2)
Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) F35or (1A) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.
(3)
A committee appointed under subsection (1) F35or (1A) above, other than a committee for regulating and controlling the finance of the local authority or of their area, may, subject to section 104 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, F36. . .
(4)
A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities F37, or, where the appointing authority or each of the authorities operate executive arrangements, any executive of that or those authorities, or a committee or member of that executive, on any matter relating to the discharge of their functions, and any such committee—
(a)
may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and
(b)
may appoint one or more sub-committees to advise the committee with respect to any such matter.
(5)
Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall upon ceasing to be a member of that authority also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.
F38(6)
Subsection (7) applies in relation to—
(a)
a committee or sub-committee appointed by a local authority in England wholly or partly for the purposes of discharging functions of a fire and rescue authority,
(b)
a joint committee appointed by two or more local authorities in England wholly or partly for the purposes of discharging such functions, or
(c)
a sub-committee appointed by any such committee or joint committee wholly or partly for the purposes of discharging such functions.
(7)
A relevant police and crime commissioner may only be appointed to a committee or sub-committee to which this subsection applies in response to a request made by the commissioner to the appointing authority or authorities or, in the case of a sub-committee, to the appointing committee.
(8)
If a request under subsection (7) is made to an appointing authority or authorities or an appointing committee, they must—
(a)
consider the request,
(b)
give reasons for their decision to agree to or refuse the request, and
(c)
publish those reasons in such manner as they think appropriate.
(9)
A relevant police and crime commissioner may attend, speak at and vote at a meeting of a committee to which the commissioner is appointed in accordance with this section only if and to the extent that the business of the meeting relates to the functions of a fire and rescue authority.
(10)
Subsection (11) defines “relevant police and crime commissioner” for the purposes of this section in relation to—
(a)
a committee or sub-committee appointed by a local authority,
(b)
a joint committee appointed by two or more local authorities, or
(c)
a sub-committee appointed by a committee of a local authority or a joint committee of two or more local authorities.
(11)
For those purposes “relevant police and crime commissioner” means a police and crime commissioner—
(a)
whose area is the same as, or contains all of, the area of that local authority or (as the case may be) one or more of those local authorities, or
(b)
all or part of whose area falls within the area of that local authority or (as the case may be) one or more of those local authorities.
103 Expenses of joint committees.
The expenses incurred by a joint committee of two or more local authorities whether appointed or established under this Part of this Act or any other enactment shall be defrayed by those authorities in such proportions as they may agree or in case of disagreement as may be determined—
(a)
in any case in which those authorities are the councils of parishes F39or groups of parishes situated in the same district, by the district council;
F40(aa)
in any case in which those authorities are the councils of communities or groups of communities situated in the same principal area, by the council of that area;and
(b)
in any other case, by a single arbitrator agreed on by the appointing authorities or, in default of agreement, appointed by the Secretary of State.
104 Disqualification for membership of committees and joint committees.
(1)
Subject to subsection (2) below, a person who is disqualified under Part V of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee (including a sub-committee) of the authority and another local authority, whether the committee or joint committee are appointed under this Part of this Act or under any other enactment.
(2)
A person shall not by reason of his being a teacher in, or being otherwise employed in, any school, F41. . . or other educational institution maintained or assisted by a F42local authority be disqualified for being a member of any committee of any local authority—
(a)
appointed wholly or partly for the purpose of discharging F43any education functions as defined in section 579(1) of the Education Act 1996; or
(b)
appointed for purposes connected with the execution of the M2Public Libraries and Museums Act 1964;
or for being a representative of a local authority on a joint committee of the authority and another authority which has been appointed or established for any such purpose.
(3)
Section 92 above shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee of a local authority or a joint committee of two or more local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.
(4)
In the application of this section to the Common Council for the reference to Part V of this Act there shall be substituted a reference to the enactments for the time being in force relating to disqualification for membership of the Common Council.
F44(5)
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F45105 Disability for voting on account of interest in contracts, etc.
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106 Standing orders.
Standing orders may be made as respects any committee of a local authority by that authority or as respects a joint committee of two or more local authorities, whether appointed or established under this Part of this Act or any other enactment, by those authorities with respect to the quorum, proceedings and place of meeting of the committee or joint committee (including any sub-committee) but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.
107 Application of foregoing provisions to F46the Common Council.
F47(1)
In their application to the Common Council as police authority, sections 101 to 106 shall have effect subject to the following provisions of this section (and in those provisions references to the Common Council are references to the Council as police authority).
(2)
F52(2A)
The Common Council may not, under section 101(1)(a), arrange for any person to exercise a function that the Common Council has under or by virtue of Part 2 of the Police Reform Act 2002 (see instead section 23(2)(pa) of that Act and regulations made under that provision).
(3)
F55(3A)
Where pursuant to arrangements made by virtue of subsection (3) above—
(a)
a chief officer of police, or
(b)
the deputy of a chief officer of police,
F59(3B)
F62(4)
(4A)
Regulations under subsection (4) may in particular—
(a)
impose limitations or restrictions on the functions which may be the subject of arrangements of the kind referred to in that subsection;
(b)
make provision as to the membership or chairmanship of any committee or sub-committee discharging functions under such arrangements;
(c)
impose limitations or restrictions on which officers or members of F65the Common Council may discharge functions under such arrangements.
(4B)
A statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5)
Section 101(10) above shall not apply to F66the Common Council.
F67(6)
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F68(7)
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(8)
F72(8A)
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F73(9)
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F74(10)
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108 Committees of parish meetings.
In a parish not having a separate parish council the parish meeting may, subject to any provisons made by a grouping order and subject to such conditions as the meeting may impose, arrange for the discharge of any of their functions by a committee of local government electors for the parish, but any such arrangement shall not prevent the meeting from exercising those functions.
109 Conferring functions of parish council on parish meeting.
(1)
On the application of the parish meeting of a parish not having a separate parish council, the district council may, subject to the provisions of the grouping order if the parish is grouped with any other parish, by order confer on the parish meeting any functions of a parish council.
(2)
Two copies of every order made under this section shall be sent by the district council to the Secretary of State.