Local Government and Housing Act 1989

Section 15.

SCHEDULE 1 E+W+S Political Balance on Local Authority Committees etc.

Modifications etc. (not altering text)

C1 Sch. 1 applied (with modifications) (8.5.2000) by 1999 c. 29, s. 57 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

Commencement Information

I1 Sch. 1 partly in force; Sch. 1 not in force at Royal Assent see s. 195(2); Sch. 1 in force for certain purposes at 16.1.1990 by S.I. 1989/2445, art. 4; Sch. 1 in force at 1.8.1990 as it applies in relation to England and Wales and in so far as it is not already in force by S.I. 1990/1552, art. 3.

Bodies to which section 15 applies E+W+S

1 E+W+S Subject to such exceptions as may be prescribed by regulations made by the Secretary of State, section 15 of this Act applies, in relation to any relevant authority or committee of a relevant authority—

(a) to any ordinary committee or ordinary sub-committee of the authority;

(b) to any advisory committee of the authority and to any sub-committee appointed by such an advisory committee; and

(c) to any such body falling within paragraph 2 below as is a body at least three seats on which fall from time to time to be filled by appointments made by the authority or committee.

2 (1) For the purposes of paragraph 1 above, in its application in relation to relevant authorities in England and Wales or the committees of such authorities, a body falls within this paragraph if it is a body of any of the following descriptions, that is to say—

(a) a relevant authority which is a local authority of any of the descriptions specified in paragraphs (f) to (j) of section 21(1) of this Act;

(b) a local authority of any of the descriptions specified in paragraphs (k)and (m) of section 21(1) of this Act;

(c) any police authority constituted under section 2 of the M1 Police Act 1964 (county police forces);

(d) a local fisheries committee for any sea fisheries district;

(e) a committee established in accordance with any regulations made by virtueof section 7 of the M2 Superannuation Act 1972 (regulationsmaking provision for the superannuation of persons employed in local government service etc.);

(f) a National Parks Committee;

(g) a board or committee appointed by one or more relevant authorities in exercise of a power conferred by a local enactment, being a board or committee seats on which are required to be filled by the appointment of members of that authority or of those authorities;

(h) a joint committee not falling within sub-paragraphs (a) to (g) above appointed by two or more relevant authorities under section 102(1)(b) of the M3 Local Government Act 1972.

(2) For the purposes of paragraph 1 above, in its application in relation to relevant authorities in Scotland or to the committees of such authorities, a body falls within this paragraph if it is—

(a) a joint board within the meaning of section 235(1) of the M4 Local Government (Scotland) Act 1973;

(b) a board or committee appointed by one or more relevant authorities in exercise of a power conferred by a local enactment, being a board or committee seats on which are required to be filled by the appointment of members of that authority or of those authorities;

(c) a joint committee appointed by two or more relevant authorities under section 57(1)(b) of the Local Government (Scotland) Act 1973.

Marginal Citations

M1 1964 c.48.

M2 1972 c. 11.

M3 1972 c. 70.

M4 1973 c.65.

Construction of sections 15 to 17 E+W+S

3 (1) The Secretary of State may, for the purposes of sections 15 and 16 of this Act, by regulations make provision— E+W+S

(a) as to the circumstances in which the members of a relevant authority are to be treated as divided into different political groups;

(b) as to the persons who are to be treated as members of such a group and as to when a person is to be treated as having ceased to be a member of such agroup;

(c) requiring the question whether a person is or is not a member of a political group to be determined in such manner as may be provided for by or under the regulations;

(d) specifying the manner in which, and times at which, the wishes of such a group are to be expressed and the consequences of a failure by such a group to express its wishes.

(2) Regulations under this paragraph may make provision modifying the provisions of sections 15 and 16 of this Act in relation to any case in which some of the members of a relevant authority fall to be treated as members of one or more political groups and the others do not.

4 (1) In sections 15 to 17 of this Act and this Schedule—

• “advisory committee”, in relation to a relevant authority, means a committee appointed by the authority under section 102(4) of the M5 Local Government Act 1972 or section 57(4) of the M6 Local Government (Scotland) Act 1973 (advisory committees);

• “education committee”, in relation to a relevant authority in England and Wales, means any committee appointed by the authority in accordance with arrangements approved under Part II of Schedule 1 to the M7 Education Act 1944;

• “membership”, in relation to a relevant authority, means the number of persons who are for the time being members of the authority, disregarding any person who is treated as continuing to be a member of the authority by virtue of section 3(3) of the Local Government Act 1972 (chairman to continue as a member until replaced);

• “ordinary committee”—

  (a)

  in relation to any relevant authority in England and Wales, means the authority’s education committee, their social services committee or any other committee of the authority appointed under section 102(1)(a) of the Local Government Act 1972, not being a body to which section 15 of this Act applies by virtue of paragraph 2 above; and

  (b)

  in relation to any relevant authority in Scotland, means the authority’s education committee, their social work committee or any committee of the authority appointed under section 57(1)(a) of the Local Government (Scotland)Act 1973;

• “relevant authority”—

  (a)

  in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to (c) or (f) to (j) of section 21(1) of this Act; and

  (b)

  in relation to Scotland, means a local authority;

  and

• “seat”, in relation to a body to which section 15 of this Act applies, means such a position as a member of that body as—

  (a)

  entitles the person holding the position to vote at meetings of the body on any question which falls to be decided at such a meeting; and

  (b)

  in the case of a position as member of an advisory committee or of a sub-committee appointed by an advisory committee, is not a position which the authority or committee have determined must be filled by the appointment of a person who is not a member of the authority.

(2) In this Schedule—

• “ordinary sub-committee”—

  (a)

  in relation to any relevant authority in England and Wales, means any sub-committee of the authority’s education committee or social services committee or any other sub-committee of that authority appointed under section 102(1)(c) of the M8 Local Government Act 1972 by an ordinary committee of that authority; and

  (b)

  in relation to any relevant authority in Scotland, means any sub-committee of an ordinary committee;

• “social services committee”, in relation to any relevant authority in England and Wales, means any committee established by the authority under section 2 of the M9 Local Authority Social Services Act 1970; and

• “social work committee”, in relation to a relevant authority in Scotland, means any committee appointed by the authority under section 2of the M10 Social Work (Scotland) Act 1968.

(3) References in this paragraph to voting include references to making use of a casting vote.

Marginal Citations

M5 1972 c. 70.

M6 1973c. 65.

M7 1944 c. 31.

M8 1972 c. 70.

M9 1970 c. 42.

M10 1968 c. 49.

Supplemental regulation making power E+W+S

5 E+W+S Regulations under section 15 or 17 of this Act or under this Schedule may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate.