in subsection (1)(a) (paid office holders and employees), the words “joint board, joint authority or” shall be omitted; and

in subsection (6) (extension of meaning of “local authority”), after the word “includes” there shall be inserted “ a joint board and ”.

in subsection (1)(a)(ii), the words “or joint board” shall be omitted; and

after subsection (1) there shall be inserted the following subsection—

the person designated under section 4 below as the head of the authority’s paid service;

the statutory chief officers;

a non-statutory chief officer;

a deputy chief officer;

the monitoring officer designated under section 5 below;

any person holding a post to which he was appointed in pursuance of section 9 below; and

any person not falling within paragraphs (a) to (f) above whose post is for the time being specified by the authority in a list maintained in accordance with subsection (2) below and any directions under section 3 below or with section 100G(2) of the M4Local Government Act 1972 or section 50G(2) of the M5Local Government (Scotland) Act 1973 (list of officers to whom powers are delegated).

the full time posts the annual rate of remuneration in respect of which is or exceeds £19,500 or such higher amount as may be specified in or determined under regulations made by the Secretary of State;

the part time posts the annual rate of remuneration in respect of which would be or exceed that amount if they were full time posts in respect of which remuneration were paid at the same rate as for the part time post; and

posts F272not falling within paragraph (a) or (b) above the duties of which appear to the authority to fall within subsection (3) below,

giving advice on a regular basis to the authority themselves, to any committee or sub-committee of the authority or to any joint committee on which the authority are representedF1 or, where the authority are operating executive arrangements, to the executive of the authority, to any committee of that executive, or to any member of that executive who is also a member of the authority;

speaking on behalf of the authority on a regular basis to journalists or broadcasters.

the chief education officer F2or director of education appointed under F3section 532 of the Education Act 1996F2or section 78 of the M8Education (Scotland) Act 1980;

F250the chief officer of a fire brigade maintained under the M9Fire Services Act 1947 and appointed under regulations made under section 18(1)(a) of that Act;

the director of social services or F4chief social work officer appointed under section 6 of the M10Local Authority Social Services Act 1970 or section 3 of the M11Social Work (Scotland) Act 1968; and

the officer having responsibility, for the purposes of section 151 of the Local Government Act 1972, section 73 of the M12Local Government Act 1985, section 112 of the M13Local Government Finance Act 1988 F5, section 127(2) of the Greater London Authority Act 1999 or section 6 below or for the purposes of section 95 of the M14Local Government (Scotland) Act 1973, for the administration of the authority’s financial affairs.

a person for whom the head of the authority’s paid service is directly responsible;

a person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to the head of the authority’s paid service; and

any person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to the local authority themselves or any committee or sub-committee of the authority.

the post of head teacher or principal of a school, college or other educational institution or establishment which, in England and Wales, is maintained or assisted by a local education authority or, in Scotland, is under the management of or is assisted by an education authority; or

any other post as a teacher or lecturer in any such school, college, institution or establishment,

to carry out the functions in relation to political restriction which are conferred by subsections (2) to (7) below; and

to give such general advice with respect to the determination of questions arising by virtue of section 2(3) above as that person considers appropriate after consulting such representatives of local government and such organisations appearing to him to represent employees in local government as he considers appropriate.

shall consider any application for exemption from political restrictionwhich is made to him, in respect of any post under a local authority, by the holder for the time being of that post; and

may, on the application of any person or otherwise, give directions to a local authority requiring it to include a post in the list maintained by the authority under section 2(2) above.

the authority have specified or are proposing to specify the post in the list maintained by the authority under subsection (2) of section 2 above; and

in the case of a post falling within paragraph (a) or (b) of that subsection, the authority have certified whether or not, in their opinion, the duties of the post fall within subsection (3) of that section;

that, for so long as the direction has effect in accordance with its terms, the post is not to be regarded as a politically restricted post; and

that, accordingly, the post is not to be specified in the list maintained by that authority under section 2(2) above or, as the case may be, is to be removed from that list.

is a post the duties of which fall within section 2(3) above; and

is neither included in any list maintained by the authority in accordance with section 2(2) above, section 100G(2) of the M15Local Government Act 1972 or section 50G(2) of the M16Local Government (Scotland) Act 1973 nor of a description specified in any regulations under section 2(2) above.

to give a person appointed under subsection (1) above all such information as that person may reasonably require for the purpose of carrying out his functions under this section;

to comply with any direction under this section with respect to the list maintained by the authority; and

on being given a direction by virtue of subsection (2)(b) above, to notify the terms of the direction to the holder for the time being of the post to which the direction relates.

appoint different persons under subsection (1) above for England and for Wales;

provide for the appointment of such numbers of staff to assist any person appointed under that subsection, and to act on that person’s behalf, as the Secretary of State may with the consent of the Treasury determine;

pay to or in respect of a person appointed under that subsection andmembers of such a person’s staff such remuneration and such other sums by way of, or towards, the payment of pensions, allowances and gratuities as the Secretary of State may so determine; and

provide for a person appointed under that subsection and such a person’s staff to hold office on such other terms as the Secretary of State may so determine.

to designate one of their officers as the head of their paid service; and

to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow his duties under this section to be performed.

the manner in which the discharge by the authority of their different functions is co-ordinated;

the number and grades of staff required by the authority for the discharge of their functions;

the organisation of the authority’s staff; and

the appointment and proper management of the authority’s staff.

in relation to England and Wales, means a local authority of any of thedescriptions specified in paragraphs (a) to (e) of section 21(1) below; and

in relation to Scotland, F7council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

to designate one of their officers (to be known as “the monitoring officer”) as the officer responsible for performing the duties imposed by this section F8and, where relevant, section 5A below; and

to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow those duties F9and, where relevant, the duties under section 5A below to be performed;

a county council,

a county borough council,

a district council,

a London borough council,

the Greater London Authority, and

the Common Council of the City of London in its capacity as a local authority, police authority or port health authority.

a contravention by the authority, by any committee, F16or sub-committee of the authority, by any person holding any office or employment under the authority or by any such joint committee of any enactment or rule of law F17or of any code of practice made or approved by or under any enactment; or

any such maladministration or injustice as is mentioned in Part III of the M19Local Government Act 1974 (Local Commissioners) or Part IIof the M20Local Government (Scotland) Act 1975 (which makes corresponding provision for Scotland)F262; or

a matter which the Public Services Ombudsman for Wales would be entitled to investigate under the Public Services Ombudsman (Wales) Act 2005,

in preparing a report under this section to consult so far as practicable with the F20person who is for the time being designated as the head of the authority’s paid service under section 4 above and with their chief finance officer; and

as soon as practicable after such a report has been prepared by him or his deputy, to arrange for a copy of it to be sent to each member of the authority F21and, in a case where the relevant authority have a mayor and council manager executive, to the council manager of the authority.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any local fisheries committee the members of which include persons so appointed;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any sub-committee appointed by a committee falling within paragraphs (a) to (c) above;

to consider any report under this section by a monitoring officer or his deputy at a meeting held not more than twenty-one days after copies of the report are first sent to members of the authority or committee; and

without prejudice to any duty imposed by virtue of section 115 of the M22Local Government Finance Act 1988 (duties in respect of conduct involving contraventions of financial obligations) or otherwise, to ensure that no step is taken for giving effect to any proposal or decision to which such a report relates at any time while the implementation of the proposal or decision is suspended in consequence of the report;

in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to F27(k) of section 21(1) below; and

in relation to Scotland, means a local authority.

a contravention, by the relevant authority’s executive or any person on behalf of the executive, of any enactment or rule of law; or

any such maladministration or injustice as is mentioned in Part III of the Local Government Act 1974 F30 (Local Commissioners)F264; or

a matter which the Public Services Ombudsman for Wales would be entitled to investigate under the Public Services Ombudsman (Wales) Act 2005.

in preparing a report under subsection (2) to consult so far as practicable with the person who is for the time being designated as the head of the authority’s paid service under section 4 above and with their chief finance officer; and

as soon as practicable after such a report has been prepared by him or his deputy, to arrange for a copy of it to be sent to each member of the authority and, where the authority has a mayor and council manager executive, the council manager.

to consider any report under this section by a monitoring officer or his deputy at a meeting held not more than twenty-one days after copies of the report are first sent to members of the executive; and

without prejudice to any duty imposed by virtue of section 115B of the Local Government Finance Act 1988 (duties of executive as regards reports) or otherwise, to ensure that no step is taken for giving effect to any proposal or decision to which such a report relates at any time while the implementation of the proposal or decision is suspended in consequence of the report.

what action (if any) the executive has taken in response to the report of the monitoring officer or his deputy;

what action (if any) the executive proposes to take in response to that report and when it proposes to take that action; and

the reasons for taking the action specified in the executive’s report or, as the case may be, for taking no action.

make arrangements for the proper administration of such of its financial affairs as relate to it in its capacity as a local authority, police authority or port health authority, and

secure that one of its officers has responsibility for the administration of those affairs.

be a member of one or more of the bodies specified in subsection (5)below; or

be the person who immediately before that day was the chamberlain of the City of London; or

be a person who qualifies by virtue of section 113(2)(b) of the M28Local Government Finance Act 1988 (existing office holders) as a person who may be given responsibility for the financial affairs of an authority mentioned in section 111(2)(a) to (k) of that Act; or

fulfil two or more of those conditions.

be a member of one or more of the bodies specified in subsection (5)below; or

be the person who immediately before that day had responsibility for the administration of the financial affairs of the body concerned under the said section 73; or

be a person who qualifies by virtue of section 113(2)(b) of the Local Government Finance Act 1988 (existing office holders) as a person who may be given responsibility for the financial affairs of an authority mentioned insection 111(2)(a) to (k) of that Act; or

fulfil two or more of those conditions.

the Institute of Chartered Accountants in England and Wales;

the Institute of Chartered Accountants of Scotland;

the Chartered Association of Certified Accountants;

the Chartered Institute of Public Finance and Accountancy;

the Institute of Chartered Accountants in Ireland;

the Chartered Institute of Management Accountants;

any other body of accountants established in the United Kingdom and forthe time being approved by the Secretary of State for the purposes of this section.

modifications to confine the provisions to the Common Council in its capacity as a local authority, police authority or port health authority; and

any other modifications the Secretary of State thinks fit;

a local authority or parish or community council in England and Wales, or

a local authority in Scotland,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F251section 18 of the M32Fire Services Act 1947 (regulations as to appointment etc. of chief officers and fire brigades);

section 7 of the M33Sex Discrimination Act 1975 (discrimination permitted in relation to employment where sex of employee is a genuine occupational qualification);

section 5 of the M34Race Relations Act 1976 (discrimination permitted in relation to employment where being of a particular racial group is a genuine occupational qualification); F32. . .

section 113 of the M35Local Government Finance Act 1988 and section 6 above (qualifications of officers responsible for administration of financial affairs of certain authorities) F33; and.

F245sections 5 and 6 of the Disability Discrimination Act 1995 (meaning of discrimination and duty to make adjustments).

F245sections 4, 4A, 4D and 4E of the Disability Discrimination Act 1995 (discrimination and duties to make adjustments in relation to employees and office-holders).

to incorporate such provision as may be prescribed by the regulations instanding orders relating to their staff; and

to make or refrain from making such other modifications of any such standing orders as may be so prescribed.

the appointment of persons to paid office or employment under the authority; or

the dismissal of persons holding such office or employment and the taking of other disciplinary action against such persons.

so to restrict the manner of exercising the power to take steps for or towards the selection of candidates for interview, or for appointment, as to make it exercisable only by the authority themselves, by a committee orsub-committee of the authority or by particular officers of the authority;

to require the monitoring officer of the authority to prepare a report tothe authority in respect of every proposed appointment of a person to a politically restricted post;

to prohibit the authority or any committee, sub-committee or other person acting on their behalf from dismissing or taking other disciplinary action against a person holding office or employment under the authority except in accordance with recommendations contained in a report made to the authority by an independent person of such a description as is prescribed by the regulations.

provision which, for the purposes of any such restriction as is mentioned in subsection (3) above, makes modifications of any enactment with respect to the delegation of a relevant authority’s functions;

provision which (with or without modifications) applies provisions of section 5 above in relation to any report prepared in consequence of regulations made by virtue of subsection (3)(c) above;