C1C2Part I Local Authority Members, Officers, Staff and Committees etc.
Pt. 1 (ss. 1-21): extended (E.) (6.5.2002) by The Local Authorities (Elected Mayor and Mayor's Assistant) (England) Regulations 2002 (S.I. 2002/975), regs. 1(2), 3(6)
Voting rights of members of certain committees
14 Voting rights of members of certain committees: Scotland.
1
Subject to the following provisions of this section, a person who—
a
is a member of a committee appointed under subsection (1) of section 57of the M1Local Government (Scotland) Act 1973 by a relevant authority and is not a member of that authority;
b
is a member of a joint committee appointed under that subsection by two or more relevant authorities and is not a member of any of those authorities; or
c
is a member of a sub-committee appointed under that subsection by such a committee as is mentioned in paragraph (a) or (b) above and is not a member of the relevant authority, or one of the relevant authorities, which appointed that committee,
shall for all purposes be treated as a non-voting member of that committee, joint committee or, as the case may be, sub-committee.
F12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Nothing in F2subsection (1) above shall require a person to be treated as a non-voting member of a committee or sub-committee falling within subsection (5) below; but, except—
a
in the case of a sub-committee appointed by a committee falling within paragraph (b) of that subsection; and
b
in such cases as may be prescribed by regulations made by the Secretary of State,
a person who is a member of a sub-committee falling within that subsection shall for all purposes be treated as a non-voting member of that sub-committee unless he is a member of the committee which appointed the sub-committee.
5
A committee or sub-committee falls within this subsection if it is—
a
a committee established in accordance with any regulations made by virtue of section 7 of the M2Superannuation Act 1972 (regulations making provision for the superannuation of persons employed in local government service etc.);
b
a committee appointed under section 57(4) of the M3Local Government (Scotland) Act 1973 (appointment of advisory committees by local authorities);
c
a committee constituted in accordance with Schedule A1 to the M4Education (Scotland) Act 1980 (appeal committees for hearing placing and other appeals);
F3d
a Children’s Panel Advisory Committee formed under paragraph 3, or a joint advisory committee formed under paragraph 8, of Schedule 1 to the Children (Scotland) Act 1995;
e
a committee established exclusively for the purpose of discharging such functions of a relevant authority as may be prescribed by regulations made by the Secretary of State;
f
a sub-committee appointed by a committee falling within any of paragraphs (a) to (e) above or such a sub-committee as is so prescribed.
F46
Nothing in this section shall prevent the appointment as a voting member of—
a
a committee such as is mentioned in subsection (1) of section 124 of the M5Local Government (Scotland) Act 1973 (committees appointed by education authority); or
b
a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or
c
any sub-committee of such a committee or joint committee,
of a person such as is mentioned in subsection (4) of the said section 124.
7
Where a person is treated by virtue of this section as a non-voting member of any committee, joint committee or sub-committee, he shall not be entitled to vote at any meeting of the committee, joint committee or sub-committee on any question which falls to be decided at that meeting; and the reference in subsection (6) above to a voting member, in relation to any such committee, joint committee or sub-committee as is mentioned in that subsection, is a reference to a person who is entitled to vote at any meeting of that committee, joint committee or sub-committee on any question which falls to be decided at that meeting.
8
In the Local Government (Scotland) Act 1973—
a
in section 57(3), the words from “but at least” onwards (which require at least two-thirds of certain committees to be members of the appointing authority or authorities);
F5aa
section 124(5);
b
in section 161(6), the words from “but at least” onwards (which make corresponding provision in relation to a social work committee);
c
in Schedule 10, paragraph 11 (which requires at least half of a joint education committee to be members of the appointing authorities);
d
in Schedule 20, paragraph 10 (which requires at least two-thirds of a joint social work committee to be members of the appointing authorities),
shall be omitted.
9
In this section “relevant authority” means a F6council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and references in this section to voting include references to making use of a casting vote.
Pt. 1 (ss. 1-21) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
Pt. 1 (ss. 1-21): power conferred to make provisions about matters of the kind dealt with in this part (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (j)(i); S.I. 1997/1930, art. 2(1)(2)(m) (subject to art. 2(3))
Pt. 1 (ss. 1-21): extended (E.W.) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 23, 108(4), Sch. 1 para. 3(13); S.I. 2000/2849, art. 2(c)