Modifications etc. (not altering text)
C1Pt. IV (ss. 23–42) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8
(1)The number of members to be appointed to a joint authority by a constituent council F1. . . shall be the number specified for that council F1. . . in relation to that authority in Schedule 10 to this Act.
(2)Subject to subsection (3) below, the Secretary of State may by order make alterations in the numbers for the time being specified in that Schedule, including alterations resulting in an increase or decrease in the total number of members of any joint authority.
(3)In making any alternation in the number of members to be appointed to a joint authority by any of its constituent councils the Secretary of State shall have regard to the number of local government electors in the areas of those councils respectively; F1. . ..
(4)The Secretary of State shall consult a joint authority’s constituent councils before making any order in respect of that authority under subsection (2) above.
Textual Amendments
F1Words in s. 29(1)(3) repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2S. 30 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3
(1)A constituent council may at any time terminate the appointment of a person appointed by it to a joint authority and appoint another member of the council in his place.
(2)Where a constituent council exercises its powers under this section—
(a)it shall give notice of the new appointment and of the termination of the previous appointment to the authority to which those appointments were made; and
(b)subject to [F3subsection (3) below and to] section 32(5) below, the new appointment shall take effect, and the previous appointment shall terminate, at the end of one month from the date on which the notice is given.
[F4(3)Where a constituent council exercises its powers under this section to replace a person who has continued to be a member of a joint authority by virtue of section 32(1A) below and notice is given not later than seven days after the council’s annual meeting next following his retirement and re-election, his appointment shall terminate and the new appointment shall take effect upon the notice being given.]
Textual Amendments
F3Words inserted by Local Government Act 1986 (c.10, SIF 81:1, 2), s. 10(2)
F4S. 31(3) added by Local Government Act 1986 (c.10, SIF 81:1, 2), s. 10(2)
Modifications etc. (not altering text)
C2S. 31 amended by S.I. 1985/1884, art. 4(1)(a)
C3S. 31 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(a)
(1)The appointment of a person to a joint authority by a constituent council shall terminate if he ceases to be a member of the council; and where a person’s appointment terminates by virtue of this subsection the constituent council shall as soon as practicable give notice of that fact to the authority to which he was appointed.
[F5(1A)For the purposes of this section a person shall not be treated as ceasing to be a member of a constituent council where he retires by virtue of—
(a)section 7(3) of the Local Government Act 1972 (retirement of metropolitan district councillors), or
(b)paragraph 6(3) of Schedule 2 to that Act (retirement of London borough councillors),
and is re-elected to membership of the council not later than the day of his retirement.]
(2)Where a vacancy among the persons appointed to a joint authority by a constituent council occurs for any reason other than that mentioned in subsection (1) above, the joint authority shall give notice of that fact to the constituent council—
(a)in a case where the authority declares the office to be vacant, immediately after the declaration;
(b)in a case where the High Court declares the office to be vacant, as soon as practicable after the date of the declaration; and
(c)in the case of resignation, as soon as practicable after the date of receipt of the notice of resignation by the officer to whom it is required to be delivered.
(3)Where a vacancy occurs among the persons appointed to a joint authority by a constituent council, that council shall not later than one month after the relevant date—
(a)appoint another member of the council to fill the vacancy; and
(b)give notice of that appointment to the joint authority;
and any appointment made under this subsection shall take effect when notice of the appointment is given as aforesaid.
(4)In subsection (3) above “the relevant date” means, in a case within subsection (1) above, the date on which the person in question ceased to be a member of the constituent council and, in a case within subsection (2) above, the date on which notice of the vacancy is given to the constituent council under that subsection.
(5)So much of subsection (2)(b) of section 31 above as provides that the previous appointment shall terminate at the end of the period there mentioned shall not be construed as precluding its earlier termination by virtue of subsection (1) above or for any other reason; but in that event—
(a)the new appointment and the notice of it given under that section shall be treated as a sufficient compliance with subsection (3) above; and
(b)the new appointment shall take effect on the termination of the previous appointment or on the giving of that notice, whichever is the later.
(6)For the purposes of subsection (5)(b) above an appointment which terminates by virtue of subsection (1) above shall be treated as terminating when notice of that fact is given in accordance with that subsection.
(7)Where a person is appointed to a joint authority by a constituent council and before his appointment takes effect he—
(a)ceases to be a member of that council; or
(b)otherwise becomes disqualified for appointment,
that council shall as soon as practicable replace his appointment by a further appointment and give notice of it to the joint authority; and the further appointment shall take effect when the original appointment would have taken effect or on the giving of that notice, whichever is the later.
F6(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5S. 32(1A) inserted by Local Government Act 1986 (c.10, SIF 81:1, 2), s. 10(1)
F6S. 32(8) repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3236, art. 4, Sch.
Modifications etc. (not altering text)
C5S. 32(1) amended by S.I. 1985/1884, art. 4(1)(b)
C6S. 32(1) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(b)
C8S. 32(2)–(7) amended by S.I. 1985/1884, art. 4(1)(b)
C9S. 32(2)–(7) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(b)
Textual Amendments
F7S. 33 repealed by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(4), Sch. 12 Pt. II
(1)A joint authority shall in each year appoint a chairman and vice-chairman from among its members.
(2)The appointments under subsection (1) above shall be the first business transacted at the annual meeting of the authority.
(3)Subject to any standing orders made by the authority, anything authorised or required to be done by or in relation to the chairman may be done by or in relation to the vice-chairman.
(4)The authority may pay to the chairman and vice-chairman for the purpose of enabling him to meet the expenses of his office such allowance as the authority thinks reasonable.
(5)In the case of an equality of votes in respect of the appointment of a chairman the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.
(6)On a casual vacancy occurring in the office of chairman, an appointment to fill the vacancy shall be made at the next ordinary meeting of the authority held after the date on which the vacancy occurs, or if that meeting is held within fourteen days after that date then not later than the next following meeting; and any such meeting may be convened by the proper officer of the authority.
(7)For the purposes of subsection (6) above the vacancy shall be deemed to have occurred—
(a)if the chairman has ceased to be a member of the authority by reason of section 31 above, at the time specified in subsection (2)(b) of that section;
(b)if the chairman has ceased to be a member by reason of section 32(1) above, when notice thereof is given to the authority under that provision;
[F8(ba)if the chairman is a police and crime commissioner and the authority and the commissioner have agreed that the commissioner should cease to be a member of the authority, the date agreed by the authority and the commissioner as the date on which the commissioner's membership should cease; and]
(c)in any other case, on the date of the declaration or of receipt of the notice of resignation mentioned in section 32(2) above.
(8)Each joint authority shall appoint a person to be the clerk to the authority and in making the appointment the authority shall have regard to the desirability of that person being the chief officer of a constituent council of the authority.
Textual Amendments
F8S. 34(7)(ba) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) for word by Policing and Crime Act 2017 (c. 3), ss. 7(7), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 3
Modifications etc. (not altering text)
C10S. 34 amended by S.I. 1985/1884, arts. 4(1)(c), 11(1)
C11S. 34 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(d)
(1)A person shall be disqualified for being appointed or being a member of a joint authority if he holds any paid office or employment (other than the office of chairman or vice-chairman [F9or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive]) appointments [F10or elections] to which are or may be made or confirmed by the authority or any committee or sub-committee of the authority or by a joint committee on which the authority is represented or by any person holding any such office or employment [F11or by an elected mayor] .
(2)A paid officer of a joint authority who is employed under the direction of—
(a)a committee or sub-committee of the joint authority any member of which is appointed on the nomination of another joint authority or of a local authority; or
(b)a joint committee on which the joint authority is represented and any member of which is so appointed,
shall be disqualified for being appointed or being a member of that other joint authority or for being elected or being a member of the local authority, as the case may be.
(3)A person who is for the time being a member, officer or servant of, or an officer or servant of a subsidiary (within the meaning of the M1Transport Act 1962) of, the Passenger Transport Executive for an area which is or was coterminous with the area of a metropolitan county shall be disqualified for being appointed or being a member of [F12the Integrated Transport Authority] for that county.
[F13(4)In this section, “elected mayor”, “executive”, “executive arrangements”, [F14and executive leader] have the same meaning as in Part II of the Local Government Act 2000.]
[F15(5)In this section “leader and cabinet executive” means—
(a)in relation to England: a leader and cabinet executive (England);
(b)in relation to Wales: a leader and cabinet executive (Wales);
and for this purpose “leader and cabinet executive (England)” and “leader and cabinet executive (Wales)” have the same meanings as in Part 2 of the Local Government Act 2000.]
Textual Amendments
F9Words in s. 35(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 12(a)
F10Words in s. 35(1) inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 12(b)
F11Words in s. 35(1) inserted (E.) (6.5.2002) by The Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002 (S.I. 2002/1057), art. 11(a)
F12Words in s. 35(3) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 53(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
F13s. 35(4) inserted (E.) (6.5.2002) by The Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002 (S.I. 2002/1057), art. 11(b)
F14Words in s. 35(4) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 19(2)
F15S. 35(5) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 19(3)
Modifications etc. (not altering text)
C12S. 35 excluded (E.) (11.7.2001) by S.I. 2001/2237, arts. 2, 47(7)
C14S. 35 excluded (W.) (1.4.2002) by The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (Wales) Order 2002 (S.I. 2002/808), art. 41(7)
C15S. 35(1)(2) amended by S.I. 1985/1884, art. 4(1)(d)
C16S. 35(1)(2) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(e)
Marginal Citations
As soon as practicable after receiving notice from a constituent council F16. . . that it has made an appointment, or F16. . . that it has terminated an appointment, under this Part of this Act, the authority to which the appointment was made shall give public notice of the fact that the appointment has been made or terminated and of the name of the person concerned.
Textual Amendments
F16Words in s. 36 repealed (1.4.1995) by 1994 c. 29, ss. 93, 94(2), Sch. 9 Pt. II; S.I. 1994/3262, art. 4, Sch.
Modifications etc. (not altering text)
C17S. 36 applied (with modifications) (8.1.1996) by 1995 c. x, s. 44, Sch. Pt. I