Local Government and Housing Act 1989

[F1 3A Grant and supervision of exemptions from political restriction: England E+W+S

(1) The [F2 standards committee] [F2 head of paid service] of a local authority in England [F3 which is a relevant authority]—

(a) must consider any application for exemption from political restriction which is made to the [F4 committee] [F4 head of paid service], in respect of any post under the [F5 relevant] authority, by the holder for the time being of that post; and

(b) may, on the application of any person or otherwise, give directions to the [F6 relevant] authority requiring it to include a post in the list maintained by the authority under section 2(2).

(2) An application may not be made under subsection (1)(a) unless—

(a) the [F7 relevant] authority have specified or are proposing to specify the post in the list maintained by them under section 2(2);F8 ...

F9 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 ...

(3) If, on an application under subsection (1)(a) in respect of any post, the [F11 standards committee] [F11 head of paid service] is satisfied that the duties of the post do not fall within section 2(3), the [F12 committee] [F12 head of paid service] must direct—

(a) that, for so long as the direction has effect in accordance with its terms, the post is not to be regarded as a politically restricted post; and

(b) that accordingly the post is not to be specified in the list maintained by the [F13 relevant] authority under section 2(2) or (as the case may be) is to be removed from that list.

(4) A [F14 standards committee] [F14 local authority's head of paid service] may not give a direction under subsection (1)(b) in respect of any post unless the [F15 committee] [F15 head of paid service] is satisfied that—

(a) the duties of the post fall within section 2(3); and

(b) the post is neither—

(i) in any list maintained by the [F16 relevant] authority in accordance with section 2(2) above or section 100G(2) of the Local Government Act 1972; nor

(ii) of a description specified in any regulations under section 2(2) above.

[F17 (5) A standards committee must when determining for the purposes of subsection (3) or (4) whether or not the duties of a post fall within section 2(3) have regard to any general advice given by the Secretary of State under section 3B.]

(6) Every local authority in England [F18 which is a relevant authority] must—

(a) give its [F19 standards committee] [F19 head of paid service] all such information as the [F20 committee] [F20 head of paid service] may reasonably require for the purpose of carrying out [F21 its] functions under this section;

(b) comply with any direction under this section with respect to the list maintained by the authority; and

(c) on being given a direction under subsection (1)(b), notify the terms of the direction to the person who holds the post to which the direction relates.

(7) In carrying out [F22 its] functions under this section a [F23 standards committee] [F23 local authority's head of paid service] must give priority, according to the time available before the election, to any application under subsection (1)(a) from a person who certifies that the application is made for the purpose of enabling him to be a candidate in a forthcoming election.

[F24 (7A) In carrying out functions under this section a local authority's head of paid service must consult the monitoring officer of that authority (unless they are the same person).

(7B) The Secretary of State may by regulations make provision about the application of this section to a local authority that is not required to designate one of its officers as the head of its paid service.

(7C) Regulations under subsection (7B) may apply any provisions of this section (with or without modifications) to an authority to which they apply.]

[F25 (8) The Secretary of State may make regulations requiring a local authority in England which is not a relevant authority to establish a committee to exercise the functions conferred by this section on the standards committee of a local authority in England which is a relevant authority.]

[F25 (9) Regulations under subsection (8) may include provision—

(a) applying any provisions of this section (with or without modification) where a committee has been established under the regulations;

(b) applying (with or without modification) any provision of section 53 of the Local Government Act 2000 or regulations made under subsection (6) of that section.]

[F25 (10) In this section—

• “standards committee” means a committee established under section 53(1) of the Local Government Act 2000;

• “relevant authority” has the meaning given by section 49(6) of that Act.]]

Textual Amendments

F1 Ss. 3A, 3B inserted (E.W.) (31.1.2008 for specified purposes, 1.4.2008 so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 202(2), 245(5); S.I. 2008/172, art. 9(2); S.I. 2008/172, art. 9(3)

F2 Words in s. 3A(1) substituted (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(2)(a); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F3 Words in s. 3A(1) repealed (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(2)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F4 Words in s. 3A(1)(a) substituted (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(2)(c); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F5 Word in s. 3A(1)(a) repealed (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(2)(d), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F6 Word in s. 3A(1)(b) repealed (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(2)(d), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F7 Word in s. 3A(2)(a) repealed (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F8 Word in s. 3A(2)(a) repealed (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 30(4)(a), 148(1)(d), Sch. 7 Pt. 1

F9 S. 3A(2)(b) repealed (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 30(4)(b), 148(1)(d), Sch. 7 Pt. 1

F10 Words in s. 3A(2) repealed (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 30(4)(c), 148(1)(d), Sch. 7 Pt. 1

F11 Words in s. 3A(3) substituted (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(4)(a); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F12 Words in s. 3A(3) substituted (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(4)(b); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F13 Word in s. 3A(3)(b) repealed (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(4)(c), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F14 Words in s. 3A(4) substituted (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(5)(a); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F15 Words in s. 3A(4) substituted (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(5)(b); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F16 Word in s. 3A(4)(b)(i) repealed (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(5)(c), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F17 S. 3A(5) repealed (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(6), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F18 Words in s. 3A(6) repealed (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(7)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F19 Words in s. 3A(6)(a) substituted (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(7)(b)(i); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F20 Words in s. 3A(6)(a) substituted (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(7)(b)(ii); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F21 Word in s. 3A(6)(a) repealed (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(7)(b)(iii), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F22 Word in s. 3A(7) repealed (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(8)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F23 Words in s. 3A(7) substituted (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(8)(b); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F24 S. 3A(7A)-(7C) inserted (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(9); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F25 S. 3A(8)-(10) repealed (1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 4(10), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)