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”—
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F1Sch. 1 para. 4(1): definition of “education committee” repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 157(a)(ii), Sch. 21 Pt. 2; S.I. 1994/507, art. 4 Sch. 2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)
F5Word in Sch. 1 para. 4(1) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 105(3) (with s. 247)
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