Search Legislation

Local Government and Housing Act 1989

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Paragraph 4

 Help about opening options

Version Superseded: 26/12/2023

Status:

Point in time view as at 26/03/2015.

Changes to legislation:

Local Government and Housing Act 1989, Paragraph 4 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

4(1)In sections 15 to 17 of this Act and this Schedule—E+W+S

  • advisory committee”, in relation to a relevant authority,means a committee appointed by the authority under section 102(4) of the M1Local Government Act 1972 or section 57(4) of the M2Local Government (Scotland) Act 1973 (advisory committees);

  • F1. . .

  • 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 [F2any 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 F3. . . 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 [F4paragraphs (a) to (c), (f) or (h) to [F5(jb)]] 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 F6. . . social services committee or any other sub-committee of that authority appointed under section102(1)(c) of the M3Local 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;

  • F7...

  • F8. . ..

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

Textual Amendments

F1Sch. 1 para. 4(1): definition of “education committee” repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 157(a)(ii), Sch. 21 Pt. 2; S.I. 1994/507, art. 4 Sch. 2

F2Words in Sch. 1 para. 4(1) substituted (E.W.) (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(4), 67(7)(e); S.I. 2005/394, art. 2(2)(f); S.I. 2006/885, art. 2(e)

F3Sch. 1 para. 4(1): words in definition of “ordinary committee” repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14 (with s. 128(8)); S.I. 1996/323, art. 4(1)(d), Sch. 2

F4Sch. 1 para. 4(1): words in definition of “relevant authority” substituted (1.10.1994 for certain purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. 1 para. 44(b); S.I. 1994/2025, art. 6(1)(2)(g); S.I. 1994/3262, art. 4, Sch. (subject to transitional provision in art. 5)

F6Sch. 1 para. 4(2): words in definition of “ordinary sub-committee” repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 157(b), Sch. 21 Pt. 2; S.I. 1994/507, art. 4 Sch. 2

F7Words in Sch. 1 para. 4(2) repealed (E.W.) (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(h)

F8Sch. 1 para. 4(2): definition of “social work committee” and the word “and” immediately preceding it repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14 (with s. 128(8)); S.I. 1996/323, art. 4(1)(d), Sch. 2

Marginal Citations

Back to top

Options/Help