Part IV Miscellaneous and General
Miscellaneous
10 Retirement and re-election not to affect membership of joint authority.
1
In section 32 of the Local Government Act 1985, after subsection (1) (appointment to joint authority to terminate if person appointed ceases to be a member of constituent council) insert—
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
In section 31 of that Act (replacement of members of joint authority), at the end add—
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.
and in subsection (2)(b) after “subject to” insert “subsection (3) below and to”.
3
In Schedule 12 to the M1Local Government Act 1972 for paragraph 6A (annual meeting of the new authorities) substitute—
6A
1
Paragraph 1 above applies to a joint authority as it applies to a principal council, except that the annual meeting of the authority shall be held on such day between 1st March and 30th June (both inclusive) as the authority may fix.
2
Paragraph 1 above applies to the Inner London Education Authority as it applies to the council of a London borough.