C1C2C3 Part I Local Authority Members, Officers, Staff and Committees etc.

Annotations:
Modifications etc. (not altering text)
C1

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)

C3

Pt. 1 functions made exercisable by joint standards committees (E.) (15.6.2009) by The Standards Committee (Further Provisions) (England) Regulations 2009 (S.I. 2009/1255), regs. 1(1), 14

Political restriction of officers and staff

3AF1Grant and supervision of exemptions from political restriction: England

1

The F5standards committeeF5head of paid service of a local authority in England F6which is a relevant authority—

a

must consider any application for exemption from political restriction which is made to the F7committeeF7head of paid service, in respect of any post under the F9relevant 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 F10relevant 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 F8relevant authority have specified or are proposing to specify the post in the list maintained by them under section 2(2);F3...

F4b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2...

3

If, on an application under subsection (1)(a) in respect of any post, the F11standards committeeF11head of paid service is satisfied that the duties of the post do not fall within section 2(3), the F12committeeF12head 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 F13relevant authority under section 2(2) or (as the case may be) is to be removed from that list.

4

A F14standards committeeF14local authority's head of paid service may not give a direction under subsection (1)(b) in respect of any post unless the F15committeeF15head 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 F16relevant 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.

F175

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 F18which is a relevant authority must—

a

give its F19standards committeeF19head of paid service all such information as the F20committeeF20head of paid service may reasonably require for the purpose of carrying out F21its 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 F22its functions under this section a F23standards committeeF23local 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.

F247A

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.

F258

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.

F259

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.

F2510

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.