Local Government (Wales) Act 1994

31 Sub-committees of area committees. E+W

(1) In this section “sub-committee” means a sub-committee of an area committee.

(2) The members of a sub-committee shall be appointed by the area committee from among persons who are—

(a) members of the area committee appointed under subsection (3) of section 30; or

(b) entitled to be members of the area committee by virtue of that subsection.

(3) Subject to subsection (10), a sub-committee may appoint additional persons, including persons who are not members of the area committee concerned, as members of the sub-committee.

(4) No other persons shall be eligible for appointment to a sub-committee.

(5) In this section, in relation to a sub-committee, “co-opted member” means any member of the sub-committee appointed under subsection (3).

(6) Where the Secretary of State has given a direction under [F1 section 499 of the Education Act 1996] (power to direct appointment of members of certain committees) which applies to a sub-committee, it shall be the duty of the area committee concerned and the sub-committee to secure compliance with the direction.

(7) A co-opted member of a sub-committee shall not be entitled to vote at any meeting of the sub-committee on any question which falls to be decided at that meeting.

(8) Nothing in subsection (7) shall prevent the appointment of a person in compliance with a direction under [F2 section 499 of the Act of 1996] as a voting member of a sub-committee.

(9) Sections 102(3) of the 1972 Act (power to include persons who are not members of the local authority concerned) and 15 of the M1 Local Government and Housing Act 1989 (political balance on committees) shall not apply in relation to membership of a sub-committee.

(10) The number of members of a sub-committee and their terms of office shall be fixed by the area committee concerned.

(11) Section 102(2) of the 1972 Act (number of members of committee and terms of office) shall not apply in relation to the sub-committee.

(12) In the case of an appointment made in order to comply with a direction under [F2 section 499 of the Act of 1996], the area committee shall exercise its powers under subsection (10) subject to any provision of the direction relating to terms of office.

Textual Amendments

F1 Words in s. 31(6) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 124(2) (with ss. 1(4), 561, 562, Sch. 39)

F2 Words in s. 31(8)(12) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 124(3) (with ss. 1(4), 561, 562, Sch. 39)

Marginal Citations

M1 1989 c. 42.