112 Appointment of staff. E+W
(1)Without prejudice to section 111 above but subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of such of their or another authority’s functions as fall to be discharged by them and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 113 below.
(2)An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.
(3)Subject to subsection (4) below, any enactment or instrument made under an enactment which requires or empowers all local authorities or local authorities of any description or committees of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.
The reference in this section to committees of local authorities does not include a reference to any committee of which some members are required to be appointed by a body or person other than a local authority.
(4)Subsection (3) above does not apply to the following officers, that is to say—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(b)chief education officers appointed under section 88 of the M1Education Act 1944;
(c)chief officers and other members of fire brigades maintained under the M2Fire Services Act 1947;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(f)agricultural analysts and deputy agricultural analysts appointed under section 67(3) of the M3Agriculture Act 1970; and
(g)directors of social services appointed under section 6 of the M4Local Authority Social Services Act 1970;
and it is hereby declared that subsection (3) above does not apply . . . F3 to any other person appointed by a local authority to perform a specified function.
(5)Without prejudice to the provisions of subsection (1) above, a parish or community council may appoint one or more persons from among their number to be officers of the council, without remuneration.
(6)Nothing in this section affects the operation of section 5 of the 1963 Act or the M5Local Authorities (Goods and Services) Act 1970.
Textual Amendments
F1Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17
F2S. 112(4)(d) repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I
F3Words repealed by virtue of Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI
Modifications etc. (not altering text)
C1S. 112 extended by City of London (Various Powers) Act 1977 (c. xv), s. 19
C2S. 112 amended by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 57(7), Sch. 13 para. 12(b)
C3S. 112 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.
S. 112: certain functions transferred (07.08.1991) by S.I. 1991/1773, art. 8, Sch 2.
C4S. 112 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.
S. 112: certain functions transferred (10.01.1992) by S.I.1991/2913, art.8(1)(3),Sch.2.
S. 112 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 112: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)
S. 112 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(b)
S. 112 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(6) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
C5S. 112(2)(5) applied (4.3.1996) by S.I. 1996/263, reg. 10(1)
Marginal Citations