SCHEDULES

I1C1C2C3C4 SCHEDULE 1Political Balance on Local Authority Committees etc.

Annotations:
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.

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

C3

Sch. 1: power to apply (with or without modifications) conferred (E.W.) (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, s. 107D(4)(f) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), ss. 4(1), 25(2))

C4

Sch. 1: power to exclude conferred (E.W.) (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, s. 107E(4) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), ss. 4(1), 25(2))

Construction of sections 15 to 17

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 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”—

    1. a

      in relation to any relevant authority in England and Wales, means F6any 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

    2. b

      in relation to any relevant authority in Scotland, means F2. . . any committee of the authority appointed under section 57(1)(a) of the Local Government (Scotland) Act 1973;

  • “relevant authority”—

    1. a

      in relation to England and Wales, means a local authority of any of the descriptions specified in F3paragraphs (a) to (c), (f) or (h) to F8(jb) of section 21(1)of this Act; and

    2. 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—

    1. 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

    2. 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”—

    1. a

      in relation to any relevant authority in England and Wales, means any sub-committee of the authority’s F4. . . 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

    2. b

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

  • F7...

  • F5. . ..

3

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