Local Government Act 2000
2000 c. 22
An Act to make provision with respect to the functions and procedures of local authorities and provision with respect to local authority elections; to make provision with respect to grants and housing benefit in respect of certain welfare services; to amend section 29 of the Children Act 1989; and for connected purposes.
Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)
Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(c), Sch. 2
Act power to apply or incorporate (with modifications) conferred (15.9.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 58(1)-(3), (7)
Act power to apply or incorporate (with modifications) conferred (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 54(2)-(5), 157(1); S.I. 2012/1129, art. 2(b)
Act functions transferred (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 3(1), Sch. 1 (with art. 9)
Part I Promotion of economic, social or environmental well-being etc
Interpretation
I11 Meaning of “local authority” in Part I.
F1381
In this Part “local authority” means—
a
in relation to England—
i
a county council,
ii
a district council,
iii
a London borough council,
iv
the Common Council of the City of London in its capacity as a local authority,
v
the Council of the Isles of Scilly,
F139vi
an eligible parish council,
b
in relation to Wales, a county council or a county borough council F196or a community council.
F1402
A parish council is “eligible” for the purposes of this Part if the council meets the conditions prescribed by the Secretary of State by order for the purposes of this section.
Promotion of well-being
C1I2C1202 Promotion of well-being.
1
Every local authority F307in Wales are to have power to do anything which they consider is likely to achieve any one or more of the following objects—
a
the promotion or improvement of the economic well-being of their area,
b
the promotion or improvement of the social well-being of their area, and
c
the promotion or improvement of the environmental well-being of their area.
2
The power under subsection (1) may be exercised in relation to or for the benefit of—
a
the whole or any part of a local authority’s area, or
b
all or any persons resident or present in a local authority’s area.
F3063
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3063A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1503B
In determining whether or how to exercise the power under subsection (1), a local authority in Wales must have regard to the community strategy for its area published under section 39(4) of the Local Government (Wales) Measure 2009 or, where the strategy has been amended following a review under section 41 of that Measure, the strategy most recently published under section 41(6).
F1973C
The community strategy for the area of a community council is the strategy referred to in subsection (3B) that is published by the county council or county borough council in whose area lies the community or communities for which the community council is established.
4
The power under subsection (1) includes power for a local authority to—
a
incur expenditure,
b
give financial assistance to any person,
c
enter into arrangements or agreements with any person,
d
co-operate with, or facilitate or co-ordinate the activities of, any person,
e
exercise on behalf of any person any functions of that person, and
f
provide staff, goods, services or accommodation to any person.
5
The power under subsection (1) includes power for a local authority to do anything in relation to, or for the benefit of, any person or area situated outside their area if they consider that it is likely to achieve any one or more of the objects in that subsection.
6
Nothing in subsection (4) or (5) affects the generality of the power under subsection (1).
I33 Limits on power to promote well-being.
1
The power under section 2(1) does not enable a local authority to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in any enactment (whenever passed or made).
C202
The power under section 2(1) does not enable a local authority to raise money (whether by precepts, borrowing or otherwise).
3
The F309Welsh Ministers may by order make provision preventing local authorities from doing, by virtue of section 2(1), anything which is specified, or is of a description specified, in the order.
F123A
The power under subsection (3) may be exercised in relation to—
a
all local authorities,
b
particular local authorities, or
c
particular descriptions of local authority.
4
F144A
Subsection (4) does not apply to an order under this section which is made only for the purpose of amending an earlier order under this section—
a
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
b
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.
5
Before exercising the power under section 2(1), a local authority must have regard to any guidance for the time being issued by the F309Welsh Ministers about the exercise of that power.
6
Before issuing any guidance under subsection (5), the F309Welsh Ministers must consult such representatives of local government and such other persons (if any) as he considers appropriate.
F3087
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M1Interpretation Act 1978).
F5964 Strategies for promoting well-being.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5974AStrategies: parishes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I45 Power to amend or repeal enactments.
1
If the Secretary of State thinks that an enactment (whenever passed or made) prevents or obstructs local authorities from exercising their power under section 2(1) he may by order amend, repeal, revoke or disapply that enactment.
2
The power under subsection (1) may be exercised in relation to—
a
all local authorities,
b
particular local authorities, or
c
particular descriptions of local authority.
3
The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
F594
In exercising the power under subsection (1), the Secretary of State must not make any provision which has effect in relation to Wales unless he has consulted the Welsh Ministers.
4A
In exercising the power under subsection (1), the Secretary of State—
a
must not make any provision amending, repealing or disapplying any Measure or Act of the National Assembly for Wales without the consent of the National Assembly for Wales, and
b
must not make any provision amending, revoking or disapplying subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers.
4B
Subsection (4A) does not apply to the extent that the Secretary of State is making incidental or consequential provision.
5
F60The Welsh Ministers may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.
6
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M2Interpretation Act 1978).
F1987
The reference to local authorities in subsection (1) does not include community councils.
Modification of certain enactments
I56 Power to modify enactments concerning plans etc.
1
Subject to subsection (3), the Secretary of State may by order amend, repeal, revoke or disapply any enactment (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter F61so far as that enactment has effect in relation to a local authority in England.
2
The power under subsection (1) may be exercised in relation to—
a
all local authorities F62in England,
b
particular local authorities F63in England, or
c
particular descriptions of local authority F64in England.
3
The power under subsection (1) may be exercised in relation to a local authority only if the Secretary of State considers—
a
that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or
b
that any such enactment should be amended so that it operates more effectively in relation to the authority.
4
The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
F655
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F666
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
An order under this section which would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument shall proceed in that House as if it were not such an instrument.
8
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
I67 Power to modify enactments concerning plans etc: Wales.
1
Subject to subsections (4) and (6), F67the Welsh Ministers may by order amend, repeal, revoke or disapply any enactment F68(whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter so far as that enactment has effect in relation to a local authority in Wales.
F692
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The power under subsection (1) may be exercised in relation to—
a
all local authorities in Wales,
b
particular local authorities in Wales, or
c
particular descriptions of local authority in Wales.
4
The power under subsection (1) may be exercised in relation to a local authority only if F70the Welsh Ministers consider—
a
that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or
b
that any such enactment should be amended so that it operates more effectively in relation to the authority.
5
The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
F716
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M3Interpretation Act 1978).
F728
An order under this section may not make a provision which, if it were a provision of F193an Act of the National Assembly for Wales, would be outside the Assembly's legislative competence.
9
For the purposes of subsection (8), F194section 108(4) of the Government of Wales Act 2006 (Legislative competence) has effect as if paragraph (a) were omitted.
10
Subject to subsection (11), a statutory instrument which contains an order under this section is not to be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.
11
A statutory instrument containing an order under this section which is made only for the purpose of amending an earlier such order—
a
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
b
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,
is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
I78 Modification of section 137 of the 1972 Act.
In section 137 of the M4Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised), for subsection (9) there is substituted—
9
Subject to subsection (10) below, in this section “local authority” means a parish or community council.
10
In subsection (3) above “local authority” means—
a
in relation to England, a county council, a district council, a London borough council, the Common Council or a parish council,
b
in relation to Wales, a county council, a county borough council or a community council.
Procedure for orders under section 5 or 6
I89 Procedure for orders under section 5 or 6.
1
Before the Secretary of State makes an order under section 5 or 6 he must consult—
a
such local authorities,
b
such representatives of local government, and
c
such other persons (if any),
as appear to him to be likely to be affected by his proposals.
2
Where those proposals affect any local authorities in Wales, the Secretary of State must also consult F73the Welsh Ministers.
3
If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under section 5 or 6 he must lay before each House of Parliament a document which—
a
explains his proposals,
b
sets them out in the form of a draft order,
c
gives details of consultation under subsection (1), and
d
where consultation has taken place under subsection (2), sets out the views of F74the Welsh Ministers.
4
Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under section 5 or 6 to give effect to the proposals (with or without modifications) is to be laid before Parliament in accordance with section 105(6) until after the expiry of the period of sixty days beginning with the day on which the document was laid.
5
In calculating the period mentioned in subsection (4) no account is to be taken of any time during which—
a
Parliament is dissolved or prorogued, or
b
either House is adjourned for more than four days.
6
In preparing a draft order under section 5 or 6 the Secretary of State must consider any representations made during the period mentioned in subsection (4).
7
A draft order under section 5 or 6 which is laid before Parliament in accordance with section 105(6) must be accompanied by a statement of the Secretary of State giving details of—
a
any representations considered in accordance with subsection (6), and
b
any changes made to the proposals contained in the document laid before Parliament under subsection (3).
F158
Nothing in this section applies to an order under section 5 or 6 which is made only for the purpose of amending an earlier order under that section—
a
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
b
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.
9AF103Procedure for orders under section 7
1
Before the Welsh Ministers make an order under section 7 they must consult—
a
such local authorities in Wales,
b
such representatives of local government in Wales, and
c
such other persons (if any),
as appear to them to be likely to be affected by their proposals.
2
If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 7 they must lay before the National Assembly for Wales a document which—
a
explains their proposals,
b
sets them out in the form of a draft order, and
c
gives details of consultation under subsection (1).
3
Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 7 to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was laid.
4
In calculating the period mentioned in subsection (3) no account is to be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.
5
In preparing a draft order under section 7 the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).
6
A draft order under section 7 which is laid before the National Assembly for Wales must be accompanied by a statement of the Welsh Ministers giving details of—
a
any representations considered in accordance with subsection (5), and
b
any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2).
7
Nothing in this section applies to an order under section 7 which is made only for the purpose of amending an earlier order under that section—
a
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
b
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.
C140F339PART 1AArrangements with respect to local authority governance in England
Pt. 1A inserted (3.12.2011 for specified purposes, 15.1.2012 for the insertion of Pt. 1A Ch. 4 so far as not already in force and ss. 9B, 9C and 9R for specified purposes, 9.3.2012 for the insertion of ss. 9H-9HE in so far as not already in force and s. 9R for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/57, art. 4(1)(b) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 2(a); S.I. 2012/1008, art. 4(b)
Pt. 1A modified (1.4.2013) by The Isles of Scilly (Functions) (Review and Scrutiny) Order 2013 (S.I. 2013/643), arts. 1(1), 2
CHAPTER 1Permitted forms of governance
9BPermitted forms of governance for local authorities in England
1
A local authority must operate—
a
executive arrangements,
b
a committee system, or
c
prescribed arrangements.
2
Executive arrangements must conform with any provisions made by or under this Part which relate to such arrangements (see, in particular, Chapter 2).
3
A committee system must conform with any provisions made by or under this Part which relate to such a system (see, in particular, Chapter 3).
4
In this Part—
“a committee system” means the arrangements made by a local authority, which does not operate executive arrangements or prescribed arrangements, for or in connection with the discharge of its functions in accordance with—
- a
Part 6 of the Local Government Act 1972, and
- b
this Part;
- a
“executive arrangements” means arrangements by a local authority—
- a
for and in connection with the creation and operation of an executive of the authority, and
- b
under which certain functions of the authority are the responsibility of the executive;
- a
“prescribed arrangements” means such arrangements as may be prescribed in regulations made by the Secretary of State under section 9BA.
9BAPower of Secretary of State to prescribe additional permitted governance arrangements
1
The Secretary of State may by regulations make provision prescribing arrangements that local authorities may operate for and in connection with the discharge of their functions.
2
In particular, the regulations—
a
must include provision about how, and by whom, the functions of a local authority are to be discharged, and
b
may include provision enabling functions to be delegated.
3
Regulations under this section may, in particular, include provision which applies or reproduces (with or without modifications) any provisions of, or any provision made under, Chapters 2 to 4 of this Part.
4
In considering whether or how to exercise the power in this section, the Secretary of State must have regard to any proposals made under subsection (5).
5
A local authority may propose to the Secretary of State that the Secretary of State make regulations prescribing arrangements specified in the proposal if the authority considers that the conditions in subsection (6) are met.
6
The conditions are—
a
that the operation by the authority of the proposed arrangements would be an improvement on the arrangements which the authority has in place for the discharge of its functions at the time that the proposal is made to the Secretary of State,
b
that the operation by the authority of the proposed arrangements would be likely to ensure that the decisions of the authority are taken in an efficient, transparent and accountable way, and
c
that the arrangements, if prescribed under this section, would be appropriate for all local authorities, or for any particular description of local authority, to consider.
7
A proposal under subsection (5)—
a
must describe the provision which the authority considers should be made under subsection (2) in relation to the proposed arrangements, and
b
explain why the conditions in subsection (6) are met in relation to the proposed arrangements.
C140CHAPTER 2Executive arrangements
Local authority executives
9CLocal authority executives
1
The executive of a local authority must take a form specified in subsection (2) or (3).
2
The executive may consist of—
a
an elected mayor of the authority, and
b
two or more councillors of the authority appointed to the executive by the elected mayor.
Such an executive is referred to in this Part as a mayor and cabinet executive.
3
The executive may consist of—
a
a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and
b
two or more councillors of the authority appointed to the executive by the executive leader.
Such an executive is referred to in this Part as a leader and cabinet executive (England).
4
A local authority executive may not include the chairman or vice-chairman of the authority.
5
The number of members of a local authority executive may not exceed 10 or such other number as may be specified in regulations made by the Secretary of State.
6
Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under subsection (3)(a).
Executive functions
9DFunctions which are the responsibility of an executive
1
This section has effect for the purposes of determining which of the functions of a local authority that operates executive arrangements are the responsibility of an executive of the authority under those arrangements.
2
Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of the local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.
3
The Secretary of State may by regulations make provision for any function of a local authority specified in the regulations—
a
to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,
b
to be a function which may be the responsibility of such an executive under such arrangements, or
c
to be a function which—
i
to the extent provided by the regulations, is to be the responsibility of such an executive under such arrangements, and
ii
to the extent provided by the regulations, is not to be the responsibility of such an executive under such arrangements.
4
Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—
a
to be a function which is to be the responsibility of an executive of the authority,
b
to be a function which is not to be the responsibility of such an executive, or
c
to be a function which—
i
to the extent provided by the arrangements, is to be the responsibility of such an executive, and
ii
to the extent provided by the arrangements, is not to be the responsibility of such executive.
5
The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority that operates executive arrangements—
a
to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of the local authority, and
b
to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.
6
The Secretary of State may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.
7
A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the Local Government Act 1972, or any provision of that section, does not apply to that function.
8
Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.
9
In this section—
“action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—
- a
the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
- b
the doing of anything incidental or conducive to the discharge of the function, or
- c
the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b);
- a
“function” means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.
9DAFunctions of an executive: further provision
1
Any reference in the following provisions of this Chapter to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of section 9D, the responsibility of the executive under such arrangements.
2
Any function which is the responsibility of an executive of a local authority under executive arrangements—
a
is to be regarded as exercisable by the executive on behalf of the authority, and
b
may be discharged only in accordance with any provisions made by or under this Part or section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England) which apply to the discharge of any such function by that form of executive.
3
Accordingly, any function which is the responsibility of an executive of a local authority under executive arrangements—
a
may not be discharged by the authority,
b
is not to be a function to which section 101(1) of the Local Government Act 1972 applies, and
c
may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 9EB.
4
Subject to any provision made under subsection (5), any function of a local authority that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Chapter.
5
The Secretary of State may by regulations make provision with respect to the discharge of any function of a local authority that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the local authority (including provision disapplying section 101 of the Local Government Act 1972 or any provision of that section).
6
In this section “function” has the same meaning as in section 9D.
Discharge of functions
9EDischarge of functions: general
1
Subject to any provision made under section 9EA or 9EB, any functions which, under executive arrangements, are the responsibility of—
a
a mayor and cabinet executive, or
b
a leader and cabinet executive (England),
are to be discharged in accordance with this section.
2
The senior executive member—
a
may discharge any of those functions, or
b
may arrange for the discharge of any of those functions—
i
by the executive,
ii
by another member of the executive,
iii
by a committee of the executive,
iv
by an area committee, or
v
by an officer of the authority.
3
Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the senior executive member otherwise directs, the executive may arrange for the discharge of any of those functions—
a
by a committee of the executive,
b
by an area committee, or
c
by an officer of the authority.
4
Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the senior executive member otherwise directs, the member who may discharge the functions may arrange for the discharge of any of those functions—
a
by an area committee, or
b
by an officer of the authority.
5
Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions—
a
by an area committee, or
b
by an officer of the authority.
6
Where by virtue of this section any functions may be discharged by an area committee, then, unless the senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.
7
Any arrangements made by virtue of this section by a senior executive member, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the senior executive member, executive, member or committee by whom the arrangements are made from exercising those functions.
8
In this section—
“area committee”, in relation to a local authority, means a committee or sub-committee of the authority which satisfies the conditions in subsection (9);
“senior executive member” means—
- a
in the case of a mayor and cabinet executive, the elected mayor;
- b
in the case of a leader and cabinet executive (England), the executive leader.
- a
9
A committee or sub-committee of a local authority satisfies the conditions in this subsection if—
a
the committee or sub-committee is established to discharge functions in respect of part of the area of the authority, and
b
the members of the committee or sub-committee who are members of the authority are elected for electoral divisions or wards which fall wholly or partly within that part.
9EADischarge of functions of and by another local authority
1
The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive—
a
by a relevant authority (other than the local authority), or
b
by a relevant executive (other than an executive of the local authority) or a committee or specified member of such an executive.
2
The Secretary of State may by regulations make provision for or in connection with enabling a relevant authority in England to arrange for the discharge of any of its functions by a relevant executive (other than an executive of the relevant authority) or a committee or specified member of such an executive.
3
The reference in subsection (2) to the functions of a relevant authority in England, in a case where the authority is operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority's executive.
4
Regulations under subsection (1) or (2) may, in particular, include provision—
a
requiring, in the case of arrangements for the discharge of any functions by a relevant executive or a committee or member of such an executive, the approval of the authority of which the executive is part to such arrangements;
b
which, in the case of arrangements for the discharge of any functions by a relevant authority, enables any of those functions to be delegated;
c
which, in the case of arrangements for the discharge of any functions by a relevant executive or a committee or member of such an executive, enables any of those functions to be delegated.
5
The provision made under subsection (4)(b) may, in particular, apply or reproduce (with or without modifications) any provisions of section 101(2) to (4) of the Local Government Act 1972.
6
The provision made under subsection (4)(c) may, in particular, apply or reproduce (with or without modifications) any provisions of section 9E.
7
In this section—
“relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;
“relevant executive” means an executive of a local authority under either this Part or Part 2;
“specified” means specified in regulations under this section.
9EBJoint exercise of functions
1
The Secretary of State may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.
2
The provision which may be made under subsection (1) includes, in particular, provision—
a
as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,
b
as to the circumstances in which—
i
the authority, and
ii
the executive or a committee or specified member of the executive,
are both to be parties to the arrangements,
c
as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of the Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,
d
as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,
e
as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,
f
as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a committee or specified member of the executive.
3
In this section “specified” means specified in regulations under this section.
Overview and scrutiny committees
C1279FC140Overview and scrutiny committees: functions
1
Executive arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority (referred to in this Chapter as overview and scrutiny committees).
2
Executive arrangements by a local authority must ensure that its overview and scrutiny committee has power (or its overview and scrutiny committees, and any joint overview and scrutiny committees, have power between them)—
a
to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the executive,
b
to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are the responsibility of the executive,
c
to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive,
d
to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are not the responsibility of the executive,
e
to make reports or recommendations to the authority or the executive on matters which affect the authority's area or the inhabitants of that area,
F551f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In subsection (2) “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—
F552a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F553b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a joint overview and scrutiny committee within the meaning of section 123 of the Local Government and Public Involvement in Health Act 2007 (joint overview and scrutiny committees) appointed by two or more local authorities including the authority concerned.
4
The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented includes power—
a
to recommend that the decision be reconsidered by the person who made it, or
b
to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the authority.
5
An overview and scrutiny committee of a local authority may not discharge any functions other than—
a
its functions under this section and sections 9FA to 9FI, F554...
b
its functions under section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters)F555or
c
any functions which may be conferred on it by virtue of regulations under section 244(2ZE) of the National Health Service Act 2006 (local authority scrutiny of health matters).
C126C1289FAC140Overview and scrutiny committees: supplementary provision
C1391
An overview and scrutiny committee of a local authority—
a
may appoint one or more sub-committees, and
b
may arrange for the discharge of any of its functions by any such sub-committee.
C1392
A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (1)(b).
C1393
An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, may not include any member of the authority's executive.
C1394
An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority.
C1395
Subject to any provision made by or under paragraphs 6 to 8 of Schedule A1 and to section 20(6) of the Police and Justice Act 2006, any persons who are not members of the local authority are not entitled to vote at any meeting of its overview and scrutiny committee, or any sub-committee of such a committee, on any question which falls to be decided at that meeting, unless permitted to do so under paragraphs 11 and 12 of that Schedule.
C1396
An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated—
a
as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and
b
as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
C1397
Subsections (2) and (5) of section 102 of the Local Government Act 1972 apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.
C1398
An overview and scrutiny committee of a local authority or a sub-committee of such a committee—
a
may require members of the executive, and officers of the authority, to attend before it to answer questions,
b
may require any other member of the authority to attend before it to answer questions relating to any function which is exercisable by the member by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and
c
may invite other persons to attend meetings of the committee.
C1399
It is the duty of any member or officer mentioned in paragraph (a) or (b) of subsection (8) to comply with any requirement mentioned in that paragraph.
C13910
A person is not obliged by subsection (9) to answer any question which the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.
C13911
In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State.
C13912
Guidance under subsection (11) may make different provision for different cases or for different descriptions of committee or sub-committee.
9FBF339C140Scrutiny officers
1
Subject as follows, a local authority must designate one of its officers to discharge the functions in subsection (2).
2
Those functions are—
a
to promote the role of the authority's overview and scrutiny committee or committees,
b
to provide support to the authority's overview and scrutiny committee or committees and the members of that committee or those committees,
c
to provide support and guidance to—
i
members of the authority,
ii
members of the executive of the authority, and
iii
officers of the authority,
in relation to the functions of the authority's overview and scrutiny committee or committees.
3
An officer designated by a local authority under this section is to be known as the authority's “scrutiny officer”.
4
A local authority may not designate any of the following under this section—
a
the head of the authority's paid service designated under section 4 of the Local Government and Housing Act 1989;
b
the authority's monitoring officer designated under section 5 of that Act;
c
the authority's chief finance officer, within the meaning of that section.
5
The duty in subsection (1) does not apply to a district council for an area for which there is a county council.
6
In this section, references to an overview and scrutiny committee include any sub-committee of that committee.
9FCF339C140Reference of matters to overview and scrutiny committee etc
1
Executive arrangements by a local authority must include provision which—
a
enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee,
b
enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and
c
enables any member of the authority to refer to an overview and scrutiny committee of the authority of which the member of the authority is not a member any matter which is relevant to the functions of the committee and is not an excluded matter.
2
For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables the person to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.
3
In considering whether to exercise the power which a member of an authority has by virtue of subsection (1)(c) in any case, the member must have regard to any guidance for the time being issued by the Secretary of State.
4
Guidance under subsection (3) may make different provision for different cases.
5
In subsection (1)(c) “excluded matter” means any matter which is—
a
a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or
b
a matter of any description specified in an order made by the Secretary of State for the purposes of this section.
9FDF339C140Dealing with references under section 9FC(1)(c)
1
This section applies where a matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to section 9FC(1)(c).
2
In considering whether or not to exercise any of its powers under section 9F(2) in relation to the matter, the committee may have regard to—
a
any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and
b
any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 9F(2) in relation to the matter.
3
If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—
a
its decision, and
b
the reasons for it.
4
The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 9F(2) in relation to the matter.
5
Subsection (4) is subject to section 9FG (confidential and exempt information).
9FEF339C140Duty of authority or executive to respond to overview and scrutiny committee
1
This section applies where an overview and scrutiny committee of a local authority makes a report or recommendations to the authority or the executive, otherwise than—
a
by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or
b
by virtue of subsection (3)(a) of that section.
2
The overview and scrutiny committee may publish the report or recommendations.
3
The overview and scrutiny committee must by notice in writing require the authority or executive—
a
to consider the report or recommendations,
b
to respond to the overview and scrutiny committee indicating what (if any) action the authority, or the executive, proposes to take,
c
if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response, and
d
if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 9FD(4), to provide the member with a copy of the response.
4
The notice served under subsection (3) must require the authority or executive to comply with it within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice.
5
It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.
6
Subsections (2) and (5) are subject to section 9FG and to any provision made under section 9GA(8) (confidential and exempt information).
7
In this section—
a
references to an overview and scrutiny committee include references to a sub-committee of such a committee;
b
references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority.
9FFC140Reports and recommendations of overview and scrutiny committees: duties of certain partner authorities
1
This section applies where—
a
a relevant committee makes a report or recommendations to the authority or the executive, otherwise than—
i
by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or
ii
by virtue of subsection (3)(a) of that section, and
b
the report or any of the recommendations relates to functions of a relevant partner authority so far as exercisable in relation to—
i
the authority's area, or
ii
the inhabitants of that area.
2
The relevant committee may by notice in writing to the relevant partner authority require the relevant partner authority to have regard to the report or recommendation in question in exercising its functions.
3
A notice under subsection (2) must be accompanied by a copy of the report or recommendations.
4
It is the duty of a relevant partner authority to which a notice is given under subsection (2) to comply with the requirement specified in the notice.
5
Subsection (2) does not apply if—
a
the relevant partner authority is a health service body, and
b
either—
i
the relevant committee is a non-unitary district council committee, or
ii
by virtue of section 244 of the National Health Service Act 2006, the report was, or the recommendations were, made to the health service body (as well as to the authority or the executive).
6
In subsection (5) “health service body” means—
F556za
a clinical commissioning group,
zb
the National Health Service Commissioning Board,
a
a National Health Service trust, F557or
b
an NHS foundation trust. F558...
F558c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Subsections (2) and (3) are subject to section 9FG (confidential and exempt information).
8
In this section—
“the authority”, in relation to a relevant committee, means—
- a
in the case of an overview and scrutiny committee, the local authority by which it is established, and
- b
in the case of a sub-committee of an overview and scrutiny committee, the local authority by which the overview and scrutiny committee is established,
- a
“the executive”, in relation to a relevant committee, means the executive of the authority,
“non-unitary district council committee” means—
- a
an overview and scrutiny committee of a district council for a district in a county for which there is a county council, or
- b
a sub-committee of such a committee,
- a
“relevant committee” means an overview and scrutiny committee or a sub-committee of such a committee,
“relevant partner authority”, in relation to a relevant committee other than a non-unitary district council committee, means any person who is a partner authority in relation to the authority for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than a chief officer of police, and
“relevant partner authority”, in relation to a relevant committee that is a non-unitary district council committee, means—
- a
the county council for the county concerned, or
- b
any person (other than the district council concerned) who is a partner authority in relation to that county council for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than a chief officer of police.
- a
9FGF339C140Publication etc of reports, recommendations and responses: confidential and exempt information
1
This section applies to—
a
the publication under section 9FE of any document comprising—
i
a report or recommendations of an overview and scrutiny committee, or
ii
a response of a local authority to any such report or recommendations, and
b
the provision of a copy of such a document—
i
to a member of a local authority under section 9FD(4) or section 9FE, or
ii
to a relevant partner authority under section 9FF,
by an overview and scrutiny committee or a local authority.
2
The overview and scrutiny committee or the local authority, in publishing the document or providing a copy of the document to a relevant partner authority—
a
must exclude any confidential information, and
b
may exclude any relevant exempt information.
3
The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information.
4
Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document—
a
may replace so much of the document as discloses the information with a summary which does not disclose that information, and
b
must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.
5
Subsection (6) applies if, by virtue of subsection (2), (3) or (4), an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—
a
excludes information, or
b
replaces part of the report or recommendations with a summary.
6
The overview and scrutiny committee is nevertheless to be taken for the purposes of section 9FE(3)(c) or (d) to have published or provided a copy of the report or recommendations.
7
In this section, references to relevant exempt information are references to—
a
in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and
b
in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered.
8
In this section—
“confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils),
“exempt information” has the meaning given by section 100I of that Act and, in relation to—
- a
any report or recommendations of an overview and scrutiny committee which has functions under section 9F(2)(f) (national health service functions), or
- b
any response to such a report or recommendations,
also includes information which is exempt information under section 246 of the National Health Service Act 2006, and
- a
“relevant partner authority”, in relation to an overview and scrutiny committee which is a relevant committee within the meaning of section 9FF, has the same meaning as in that section.
9
In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.
9FHF339C140Overview and scrutiny committees: flood risk management
1
This section applies to a local authority that operates executive arrangements and that is a lead local flood authority.
2
The arrangements required under section 9F(2) include arrangements to review and scrutinise the exercise by risk management authorities of flood risk management functions or coastal erosion risk management functions which may affect the local authority's area.
3
A risk management authority must comply with a request made by an overview and scrutiny committee, in the course of arrangements under subsection (2), for—
a
information;
b
a response to a report.
4
The Secretary of State may make regulations about the duty under subsection (3) which may, in particular, include provision—
a
about the procedure to be followed in relation to requests and compliance with them,
b
about notices to be served in relation to requests,
c
for exemptions from the duty,
d
requiring persons to attend to give information orally,
e
about the nature of the information and responses that may be requested, and
f
about the publication of requests, information and responses.
5
A risk management authority must have regard to reports and recommendations of an overview and scrutiny committee made in the course of arrangements under subsection (2).
6
Regulations under section 123 of the Local Government and Public Involvement in Health Act 2007 may make provision about the application of this section in relation to joint overview and scrutiny committees.
7
Expressions used in this section have the same meaning as in Part 1 of the Flood and Water Management Act 2010.
9FIF339C140Overview and scrutiny committees: provision of information etc by certain partner authorities
1
The Secretary of State may by regulations make provision, in relation to a relevant committee—
a
as to information which relevant partner authorities must provide to the relevant committee, and
b
as to information which may not be disclosed by a relevant partner authority to the relevant committee.
2
In subsection (1), references to information do not include information in respect of which provision may be made in exercise of the power conferred by—
a
section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters), or
b
section 244(2)(d) or (e) of the National Health Service Act 2006 (functions of overview and scrutiny committees).
3
For the purposes of subsection (1), “relevant committee” and “relevant partner authority” have the meanings given by section 9FF.
4
Regulations under this section may make different provision in relation to different persons or committees or descriptions of person or committee.
5
The power conferred by subsection (4) does not affect the power conferred by section 105(2)(b).
Further provision in relation to executives
9GMeetings and access to information etc
1
Meetings of a local authority executive, or a committee of such an executive, are to be open to the public or held in private.
2
Subject to regulations under section 9GA(4), it is for a local authority executive to decide which of its meetings, and which of the meetings of any committee of the executive, are to be open to the public and which of those meetings are to be held in private.
3
A written record must be kept of prescribed decisions made at meetings of local authority executives, or committees of such executives, which are held in private.
4
A written record must be kept of prescribed decisions made by individual members of local authority executives.
5
Written records under subsection (3) or (4) must include reasons for the decisions to which they relate.
6
In this section “prescribed” means prescribed by regulations made by the Secretary of State.
9GAMeetings and access to information etc: further provision and regulations
1
Written records under section 9G(3) and (4), together with such reports, background papers or other documents as may be prescribed, must be made available to members of the public in accordance with regulations made by the Secretary of State.
2
Regulations under subsection (1) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.
3
The Secretary of State may by regulations make provision—
a
with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),
b
for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,
c
for or in connection with requiring written records falling within paragraph (b) to include reasons,
d
for or in connection with requiring any such written records to be made available to members of the public,
e
for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.
4
The Secretary of State may by regulations make provision—
a
as to the circumstances in which meetings mentioned in section 9G(2), or particular proceedings at such meetings, must be open to the public,
b
as to the circumstances in which meetings mentioned in section 9G(2), or particular proceedings at such meetings, must be held in private,
c
with respect to the information which is to be included in written records kept by virtue of this section or section 9G,
d
with respect to the reasons which are to be included in any such written records,
e
with respect to the persons who are to produce, keep or make available any such written records,
f
for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
g
for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
h
for or in connection with requiring information to be made available by electronic means,
i
for or in connection with conferring rights on members of the public or members of local authorities, overview and scrutiny committees or sub-committees in relation to records or documents,
j
for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section or section 9G.
5
The Secretary of State may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public or members of the authority.
6
The provision which may be made under subsection (5) includes provision—
a
requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,
b
as to the way or form in which prescribed information is to be made available.
7
The Secretary of State may by regulations make provision which, in relation to meetings of—
a
local authority executives or committees of such executives, or
b
joint committees, or sub-committees of such committees, falling within subsection (3)(a),
applies or reproduces (with or without modifications) any provisions of Part 5A of the Local Government Act 1972.
8
The Secretary of State may by regulations make provision, in relation to—
a
the publication by executives of local authorities under section 9FE of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or
b
the provision by such executives under that section of copies of such responses,
which applies or reproduces (with or without modifications) any provisions of section 9FG (confidential and exempt information).
9
In this section—
“joint committee” means a joint committee falling within section 101(5)(a) of the Local Government Act 1972,
“prescribed” means prescribed by regulations made by the Secretary of State.
9GBFurther provision
Schedule A1 (which makes further provision in relation to executive arrangements under this Part) has effect.
9GCAbsence of requirement for political balance
Neither—
a
a local authority executive, nor
b
a committee of a local authority executive,
is to be regarded as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
Elected mayors etc
9HElected mayors etc
1
In this Part “elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority's area in accordance with the provisions made by or under this Part.
2
An elected mayor is to be entitled to the style of “mayor”.
3
A reference in any enactment (whenever passed or made) to—
a
a member of a local authority, or
b
a councillor of a local authority,
does not include a reference to an elected mayor of the authority.
4
But subsection (3) is subject to—
a
regulations made by the Secretary of State under this paragraph which provide that an elected mayor is to be treated as a member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and
b
any other contrary intention that appears in any enactment (whenever passed or made).
5
Section 2(2A) of, and paragraph 5C(1) of Schedule 2 to, the Local Government Act 1972 are not to be taken to indicate any contrary intention for the purposes of subsection (4)(b).
6
Elections for the return of an elected mayor are to take place on the ordinary day of election in each of the relevant election years.
7
The term of office of an elected mayor of a local authority is to be four years.
8
This section is subject to regulations under section 9HB or 9HE.
9HAElection as elected mayor and councillor
1
If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy arises in the office of councillor.
2
If the person who is returned at an election (“the mayoral election”) as the elected mayor of a local authority—
a
is a councillor of the authority, and
b
was returned as such a councillor at an election held at an earlier time than the mayoral election,
a vacancy shall arise in the office of councillor.
3
Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority.
4
A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if the person is a candidate in both such elections and is returned both as the elected mayor and as a councillor.
9HBTime of elections etc
The Secretary of State may by regulations make provision—
a
as to the dates on which and years in which elections for the return of elected mayors may or must take place,
b
as to the intervals between elections for the return of elected mayors,
c
as to the term of office of elected mayors, and
d
as to the filling of vacancies in the office of elected mayor.
9HCVoting at elections of elected mayors
1
Each person entitled to vote as an elector at an election for the return of an elected mayor is to have the following vote or votes—
a
one vote (referred to in this Part as a first preference vote) which may be given for the voter's first preference from among the candidates to be the elected mayor, and
b
if there are three or more candidates to be the elected mayor, one vote (referred to in this Part as a second preference vote) which may be given for the voter's second preference from among those candidates
2
The elected mayor is to be returned under the simple majority system, unless there are three or more candidates.
3
If there are three or more candidates to be the elected mayor, the elected mayor is to be returned under the supplementary vote system in accordance with Schedule 2.
9HDEntitlement to vote
1
The persons entitled to vote as electors at an election for the return of an elected mayor are those who on the day of the poll—
a
would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and
b
are registered in the register of local government electors at an address within the authority's area.
2
A person is not entitled as an elector to cast more than one first preference vote, or more than one second preference vote, at an election for the return of an elected mayor.
C1419HEPower to make provision about elections
1
The Secretary of State F559or the F598Chancellor of the Duchy of Lancaster may by regulations make provision as to—
a
the conduct of elections for the return of elected mayors, and
b
the questioning of elections for the return of elected mayors and the consequences of irregularities.
2
Regulations made under subsection (1)(a) may, in particular, include provision—
a
about the registration of electors,
b
for disregarding alterations in a register of electors,
c
about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses), and
d
for the combination of polls at elections for the return of elected mayors and other elections.
3
Regulations under this section may—
a
apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,
b
modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of elected mayors, and
c
so far as may be necessary in consequence of any provision made by or under this Part or any regulations under this section, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.
4
5
In addition, the power of the Secretary of State F560or the F600Chancellor of the Duchy of Lancaster to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.
6
No return of an elected mayor at an election is to be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied by or incorporated in regulations under this section.
Leader and cabinet executives (England)
9IElection and term of office of leader
Executive arrangements by a local authority which provide for a leader and cabinet executive (England)—
a
must include provision with respect to the election of the executive leader, including provision for an election where there is a vacancy in the office of executive leader, and
b
may include provision with respect to the term of office of the executive leader.
9IARemoval of leader
1
Executive arrangements by a local authority which provide for a leader and cabinet executive (England) must include provision for the council to remove the executive leader by resolution.
2
If a council passes a resolution to remove the executive leader, a new executive leader is to be elected—
a
at the meeting at which the leader is removed from office, or
b
at a subsequent meeting.
9IBLeader to continue to hold office as councillor
1
A person who is the executive leader of a leader and cabinet executive (England) remains a member of the council during the period that the person is the executive leader.
2
Accordingly, any enactment which provides for the person's earlier retirement as a councillor does not apply.
3
This section does not affect anything by which the executive leader may cease to be a councillor otherwise than by retirement (including disqualification or resignation).
9ICNo other means of removing leader
1
This section applies to a local authority which operates a leader and cabinet executive (England).
2
An executive leader may not be removed from office except in accordance with section 9IA or regulations under section 9ID.
9IDRegulations
1
The Secretary of State may by regulations make provision—
a
as to the election and removal from office of executive leaders of leader and cabinet executives (England),
b
as to the term of office of an executive leader of a leader and cabinet executive (England), and
c
as to the filling of vacancies in the office of executive leader of a leader and cabinet executive (England).
2
Sections 9I to 9IC are subject to regulations under this section.
CHAPTER 3The committee system
9JSecretary of State's power to prohibit delegation of functions etc
1
The Secretary of State may by regulations—
a
specify or describe any function of a committee system local authority that is to be a non-delegable function;
b
specify or describe cases or circumstances in which any specified or described function of a committee system local authority is to be a non-delegable function;
c
specify or describe any action in connection with the discharge of a function of a committee system local authority that is to be a non-delegable action;
d
specify or describe cases or circumstances in which any specified or described action in connection with the discharge of a function of a committee system local authority is to be a non-delegable action.
2
If a function or action is non-delegable—
a
it must be carried out by the local authority, and
b
such provisions of section 101 of the Local Government Act 1972 as may be specified in regulations under this section do not apply to it.
3
In this Part “committee system local authority” means a local authority that operates a committee system.
4
For the purposes of this section, something is specified or described if it is specified or described in regulations made by the Secretary of State under this section.
5
In this section—
“action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—
- a
the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
- b
the doing of anything incidental or conducive to the discharge of the function, or
- c
the doing of anything expedient in connection with the discharge of the function or any action within paragraph (a) or (b);
- a
“function” means a function of any nature, whether conferred or otherwise arising before, on or after this section comes into force.
9JAOverview and scrutiny committee
1
A committee system local authority may by resolution appoint one or more committees as the authority's overview and scrutiny committee or, as the case may be, committees.
2
The Secretary of State may by regulations make provision about—
a
the functions, composition and procedure of a committee that has been appointed as an overview and scrutiny committee under this section, and
b
the appointment by committee system local authorities of joint committees and sub-committees as overview and scrutiny committees.
3
Provision under subsection (2) may, in particular, include provision which applies or reproduces (with or without modifications) any provision of, or made under, sections 9F to 9FI or paragraphs 6 to 13 of Schedule A1.
9JBOverview and scrutiny: flood risk management
1
A committee system local authority that is a lead local flood authority must review and scrutinise the exercise by risk management authorities of—
a
flood risk management functions, or
b
coastal erosion risk management functions,
which may affect the local authority's area.
2
A local authority may issue such reports and recommendations as it considers appropriate in the course of exercising the function in subsection (1).
3
A risk management authority must comply with a request made by a local authority in the course of exercising the function in subsection (1) for—
a
information;
b
a response to a report.
4
The Secretary of State may make regulations about the duty under subsection (3) which may, in particular, include provision—
a
about the procedure to be followed in relation to requests and compliance with them,
b
about notices to be served in relation to requests,
c
for exemptions from the duty,
d
requiring persons to attend to give information orally,
e
about the nature of the information and responses that may be requested, and
f
about the publication of requests, information and responses.
5
A risk management authority must have regard to any reports or recommendations mentioned in subsection (2) that relate to it.
6
Expressions used in this section have the same meaning as in Part 1 of the Flood and Water Management Act 2010.
CHAPTER 4Changing governance arrangements
Changes to governance arrangements by local authorities: general provision
9KChanging from one form of governance to another
1
A local authority may—
a
cease to operate its existing form of governance, and
b
start to operate a different form of governance.
2
This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
9KAExecutive arrangements: different form of executive
1
A local authority which operates executive arrangements may—
a
vary the arrangements so that they provide for a different form of executive, and
b
if it makes such a variation, vary the arrangements in such other respects (if any) as it considers appropriate.
2
This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
9KBExecutive arrangements: other variation of arrangements
A local authority which operates executive arrangements may vary those arrangements so that they—
a
differ from the existing arrangements in any respect, but
b
still provide for the same form of executive.
9KCResolution of local authority
1
A resolution of a local authority is required in order for the authority to make a change in governance arrangements.
C1242
As soon as practicable after passing such a resolution a local authority must—
a
secure that copies of a document setting out the provisions of the arrangements that are to have effect following the resolution are available at its principal office for inspection by members of the public, and
b
publish in one or more newspapers circulating in its area a notice which—
i
states that the authority has resolved to make a change in its governance arrangements,
ii
states the date on which the change is to have effect,
iii
describes the main features of the change,
iv
states that copies of a document setting out the provisions of the arrangements that are to have effect following the resolution are available at the authority's principal office for inspection by members of the public, and
v
specifies the address of the authority's principal office.
3
Subsection (4) applies if a local authority passes a resolution in accordance with this section (“Resolution A”) which makes a change in governance arrangements of the kind set out in—
a
section 9K (change from one form of governance to another), or
b
section 9KA (change to a different form of executive).
4
The local authority may not pass another resolution that makes a change in governance arrangements of a kind mentioned in subsection (3) (“Resolution B”) before the end of the period of 5 years beginning with the date Resolution A is passed, unless Resolution B is approved in a referendum held in accordance with this Chapter.
5
This section does not apply to a change in governance arrangements effected by an order under section 9N (power by order to require, and give effect to, referendum on change to mayor and cabinet executive).
Implementation of certain changes to governance arrangements
9LImplementation: change in form of governance or change in form of executive
1
This section applies if a local authority passes a resolution which makes a change in governance arrangements of the kind set out in—
a
section 9K (change from one form of governance to another), or
b
section 9KA (change to a different form of executive).
2
At a relevant change time, the local authority must—
a
cease operating the old form of governance or (as the case may be) old form of executive, and
b
start operating the form of governance or (as the case may be) form of executive which the change in governance arrangements provides for.
3
Subject to subsection (2) and section 9MB(2), the local authority may take steps for the purposes of preparing for the change or implementing it (including steps relating to transitional arrangements).
4
If the local authority is not currently operating a mayor and cabinet executive and the change does not provide for the local authority to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during—
a
the first annual meeting of the local authority to be held after the resolution to make the change in governance arrangements is passed, or
b
a later annual meeting of the local authority specified in that resolution.
5
If the local authority is not currently operating a mayor and cabinet executive and the change provides for the local authority to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is—
a
a time during the third day after the day of the declaration of the result of the poll at the first election of the mayor, or
b
if a person is returned as the mayor at that first election without a poll being taken, a time during the third day after the day on which a poll would have been taken.
6
If the local authority is currently operating a mayor and cabinet executive and the change provides for the local authority to cease to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during the third day after the day on which the next ordinary election of a mayor was expected to be held when the resolution to make the change in governance arrangements was passed.
Referendums
9MCases in which change is subject to approval in a referendum in accordance with sections 9MA and 9MB
1
A change in governance arrangements which a local authority proposes to make by resolution is subject to approval in a referendum in either of the following cases.
2
The first case is where—
a
the proposed change in governance arrangements is of a kind set out in—
i
section 9K (change from one form of governance to another), or
ii
section 9KA (change to a different form of executive), and
b
the implementation of the local authority's existing form of governance or existing form of executive was approved in a referendum under this Chapter.
3
The second case is where the local authority resolves that a proposed change in governance arrangements is to be subject to approval in a referendum.
9MAReferendum: proposals by local authority
1
This section applies to a local authority which wishes to make a change in governance arrangements that is subject to approval in a referendum under section 9M.
2
The local authority must draw up proposals for the change.
3
The proposals must include—
a
a timetable with respect to the implementation of the proposals,
b
details of any transitional arrangements which are necessary for the implementation of the proposals, and
c
a statement that the change in governance arrangements is to be subject to approval in a referendum.
4
Subsections (5) and (6) apply where the proposed change in governance arrangements is of the kind set out in—
a
section 9K (change from one form of governance to another), or
b
section 9KA (change to a different form of executive).
5
If the proposed change in governance arrangements would result in the local authority having executive arrangements, the proposals must state the extent to which the functions specified in regulations under section 9D(3)(b) are to be the responsibility of the executive which will be operated if the proposals are implemented.
6
The proposals (particularly any provision about timetables and transitional matters included in accordance with subsection (3)) must be such as to ensure that the proposed change can take effect (so far as required to) in accordance with section 9L(2).
7
After drawing up the proposals, the local authority must—
a
secure that copies of a document setting out the proposals are available at its principal office for inspection by members of the public at all reasonable times, and
b
publish in one or more newspapers circulating in its area a notice which—
i
states that the authority has drawn up the proposals,
ii
describes the main features of the proposals,
iii
states that copies of a document setting out the proposals are available at the authority's principal office for inspection by members of the public at such times as may be specified in the notice, and
iv
specifies the address of the authority's principal office.
9MBRequirement to hold and give effect to referendum
1
This section applies to a local authority which wishes to make a change in governance arrangements that is subject to approval in a referendum under section 9M.
2
The local authority must, after complying with section 9MA(7), hold a referendum on its proposals before taking any steps to implement them.
3
The local authority may not pass a resolution which makes the proposed change unless the result of the referendum is to approve the proposals.
4
Any such resolution must be passed within the period of 28 days beginning with the day when the referendum is held.
5
Any such resolution must be passed at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object.
9MCReferendum following petition
1
The Secretary of State may by regulations make provision for or in connection with requiring a local authority which receives a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should have a relevant type of governance arrangement.
2
Regulations under subsection (1) may, in particular, include provision—
a
as to the form and content of petitions (including provision for petitions in electronic form),
b
as to the minimum number of local government electors for a local authority's area who must support any petition presented to the authority during any period specified in the regulations,
c
for or in connection with requiring an officer of a local authority to publish the number of local government electors for the authority's area who must support any petition presented to the authority,
d
as to the way in which local government electors for a local authority's area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),
e
as to the action which may, may not or must be taken by a local authority in connection with any petition,
f
as to the manner in which a petition is to be presented to a local authority,
g
as to the verification of any petition,
h
as to the date on which, or the time by which, a referendum must be held,
i
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
j
as to the action which may, may not or must be taken by a local authority after a referendum, and
k
for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
3
Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
4
The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent of the number of local government electors at each of those times.
5
This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
9MDReferendum following direction
1
The Secretary of State may by regulations make provision for or in connection with enabling the Secretary of State, in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether it should have a relevant type of governance arrangements specified in the direction.
2
Regulations under this section may, in particular, include provision—
a
as to the date on which, or the time by which, a referendum must be held,
b
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
c
as to the action which may, may not or must be taken by a local authority after a referendum, and
d
for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
3
Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
4
This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
9MEReferendum following order
1
The Secretary of State may by order make provision requiring every local authority, or every local authority falling within a description of authority specified in the order, to hold a referendum on whether they should have a relevant type of governance arrangements specified in the order.
2
An order under this section may, in particular, include provision—
a
as to the date on which, or the time by which, a referendum must be held,
b
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
c
as to the action which may, may not or must be taken by a local authority after a referendum, and
d
for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
3
Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
4
This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
9MFFurther provision with respect to referendums
1
If a local authority holds a referendum under this Chapter (“Referendum A”) it may not hold, or be required to hold, another referendum under this Chapter (“Referendum B”) within the period of ten years beginning with the date of Referendum A, unless subsection (2) or (3) applies.
2
This subsection applies if—
a
Referendum A was held by the authority by virtue of an order under section 9N (power by order to require, and give effect to, referendum on change to mayor and cabinet executive), and
b
the proposal for the authority to operate a mayor and cabinet executive was rejected in Referendum A.
3
This subsection applies if Referendum B is required to be held by virtue of an order made under section 9N.
4
If the result of a referendum held by virtue of regulations, an order or a direction made under any provision of this Chapter is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals.
5
If the result of a referendum held by virtue of regulations, an order or a direction made under any provision of this Chapter is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals.
6
Subsections (4) and (5) do not apply to a referendum held by virtue of section 9N (but see section 9N(2)(c)).
C1429MGVoting in and conduct of referendums
1
The persons entitled to vote in a referendum held by a local authority under this Chapter are those who on the day of the referendum—
a
would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority's area, and
b
are registered in the register of local government electors at an address within the authority's area.
2
3
4
Regulations under subsection (2) or (3) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.
5
Regulations under subsection (2) may, in particular, include provision—
a
as to the question to be asked in a referendum,
b
as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum),
c
about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),
d
as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,
e
as to when, where and how voting in a referendum is to take place,
f
as to how the votes cast in a referendum are to be counted, and
g
for disregarding alterations in a register of electors.
6
Further provisions as to mayor and cabinet executive
9NRequiring referendum on change to mayor and cabinet executive
1
The Secretary of State may by order require a specified local authority to hold a referendum on whether the authority should operate a mayor and cabinet executive.
2
An order under this section may include provision—
a
as to the date on which, or the time by which, a referendum must be held,
b
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
c
as to the effect of a referendum and the action which may, may not or must be taken by a local authority after a referendum,
d
for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
3
Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
4
In this section “specified” means specified in an order made by the Secretary of State under this section.
9NAEffect of section 9N order
1
Subject as follows, the provisions of this Chapter listed in subsection (2) do not apply to a local authority in relation to whom an order under section 9N has been made (and has not been revoked) unless the proposal for the authority to operate a mayor and cabinet executive has been rejected in the referendum held under the order.
2
Those provisions are—
a
section 9K (changing from one form of governance to another);
b
section 9KA (executive arrangements: different form of executive);
c
section 9MC (referendum following petition);
d
section 9MD (referendum following direction);
e
section 9ME (referendum following order).
9NBVariation of mayoral executive
1
This section applies to a change in governance arrangements of the kind set out in section 9KB (variation of executive arrangements) if the local authority is operating a mayor and cabinet executive.
2
The local authority may not resolve to make a change in governance arrangements unless the elected mayor has given written consent to the proposed change.
Miscellaneous
9OGeneral
1
A local authority may not—
a
cease to operate a form of governance, or
b
vary executive arrangements,
other than in accordance with this Chapter.
2
In making a change in governance arrangements, the local authority must comply with any directions given by the Secretary of State in connection with the making of such a change.
9OAInterpretation
1
This section applies for the purposes of this Chapter.
2
References to a change in governance arrangements are references to any change of a kind set out in sections 9K to 9KB.
3
References to a relevant type of governance arrangement are references to—
a
a leader and cabinet executive (England);
b
a mayor and cabinet executive;
c
a committee system;
d
any prescribed arrangements.
4
References to a form of governance are references to—
a
executive arrangements;
b
a committee system;
c
any prescribed arrangements.
CHAPTER 5Supplementary
Local authority constitution
9PLocal authority constitution
1
A local authority must prepare and keep up to date a document (referred to in this section as its constitution) which contains—
a
a copy of the authority's standing orders for the time being,
b
a copy of the authority's code of conduct (if any) for the time being under section 28 of the Localism Act 2011,
c
such information as the Secretary of State may direct, and
d
such other information (if any) as the authority considers appropriate.
2
In the case of a committee system local authority, the authority's constitution must also contain a statement as to whether the authority has resolved to have an overview and scrutiny committee under section 9JA.
3
A local authority must ensure that copies of its constitution are available at its principal office for inspection by members of the public at all reasonable hours.
4
A local authority must supply a copy of its constitution to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.
Guidance
9QGuidance
1
A local authority must have regard to any guidance for the time being issued by the Secretary of State for the purposes of this Part.
2
Guidance under this section may make different provision for different cases or descriptions of local authority.
Interpretation
9RInterpretation of Part 1A
1
In this Part, unless the context otherwise requires—
“committee system” has the meaning given by section 9B,
“committee system local authority” has the meaning given by section 9J(3),
“elected mayor” has the meaning given by section 9H,
“electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983,
“enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978),
“executive”, in relation to a local authority, is to be construed in accordance with section 9C,
“executive arrangements” has the meaning given by section 9B,
“executive leader” has the meaning given by section 9C(3)(a),
“first preference vote” has the meaning given by section 9HC,
“leader and cabinet executive (England)” has the meaning given by section 9C(3),
“local authority” means a county council in England, a district council or a London borough council,
“local government elector” has the meaning given by section 270(1) of the Local Government Act 1972,
“mayor and cabinet executive” has the meaning given by section 9C(2),
“ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority,
“the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989,
“prescribed arrangements” has the meaning give by section 9B, and
“second preference vote” has the meaning given by section 9HC.
2
In this Part “relevant election years”, in relation to a local authority, means the years specified in the second column of the following table in relation to that type of authority.
Type of local authority | Relevant election years |
|---|---|
Metropolitan district | 2014 and every fourth year afterwards |
County | 2013 and every fourth year afterwards |
London borough | 2014 and every fourth year afterwards |
Non-metropolitan district | 2011 and every fourth year afterwards |
3
Any reference in this Part to the chairman of a local authority—
a
is a reference to that person whether or not the person is entitled to another style, and
b
in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the Local Government Act 1972) is referred to in Part 1 of that Schedule as the mayor of the borough.
4
Any reference in this Part to the vice-chairman of a local authority—
a
is a reference to that person whether or not the person is entitled to another style, and
b
in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the Local Government Act 1972) is referred to in Part 1 of that Schedule as the deputy mayor.
5
Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.
6
Section 101 of the Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part.
7
Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.
8
Any directions given by the Secretary of State under any provision of this Part—
a
may be varied or revoked by subsequent directions given by the Secretary of State under that provision, and
b
may make different provision for different cases, different local authorities or different descriptions of local authority.
C16C19C30C75C84C93Part IIF342Local authorities in Wales: arrangements with respect to executives etc.
Words in Pt. II heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 9; S.I. 2012/1008, art. 4(b)
Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)
Pt. II extended (1.9.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), ss. 183(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II
Pt. II modified (21.6.2004) by Isles of Scilly (Functions) (Review and Scrutiny of Health Services) Order 2004 (S.I. 2004/1412), arts. 1, 2
Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)
Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)
Pt. II modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 10
Executive arrangements
I9C13710 Executive arrangements.
1
In this Part “executive arrangements” means arrangements by a local authority F328 in Wales —
a
for and in connection with the creation and operation of an executive of the authority, and
b
under which certain functions of the authority are the responsibility of the executive.
2
Executive arrangements by a local authority F328in Wales must conform with any provisions made by or under this Part which relate to such arrangements.
Local authority executives
I10C84C8311C84 Local authority executives.
F751
The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.
2
a
an elected mayor of the authority, and
b
two or more councillors of the authority appointed to the executive by the elected mayor.
Such an executive is referred to in this Part as a mayor and cabinet executive.
F3302A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
a
a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and
b
two or more councillors of the authority appointed to the executive by one of the following—
i
the executive leader, or
ii
the authority.
Such an executive is referred to in this Part as a F78leader and cabinet executive (Wales).
4
a
an elected mayor of the authority, and
b
an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority.
Such an executive is referred to in this Part as a mayor and council manager executive.
5
6
Regulations under subsection (5) may, in particular, provide for—
a
a form of executive some or all of the members of which are elected by the local government electors for the authority’s area to a specified post in the executive associated with the discharge of particular functions,
b
a form of executive some or all of the members of which are elected by those electors but not to any such post,
c
the system of voting that will be used for elections under paragraph (a) or (b).
7
A local authority executive may not include the chairman or vice-chairman of the authority.
8
The number of members of a mayor and cabinet executive or a leader and cabinet executive F334(Wales) may not exceed 10.
F3118A
For the purposes of subsection (8), no account is to be taken of a member appointed to the executive on a temporary basis to cover the absence of a member exercising a right to a family absence under Part 2 of the Local Government (Wales) Measure 2011.
9
F3379A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
Section 101 of the M5Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under F83subsection F338... (3)(a) or appointing councillors F200or an officer to the executive under subsection (3)(b)(ii) F201or (4)(b).
I1112 Additional forms of executive.
1
In deciding whether to make regulations under section 11(5) prescribing a particular form of executive, or which provision to make under section 17 in relation to that form of executive, the F348Welsh Ministers must have regard to—
a
any proposals made to F349them under subsection (2),
b
the extent to which F350they consider that the operation by a local authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way,
c
the extent to which that form of executive differs from the forms of executive for the time being permitted by or under section 11,
d
the number and description of authorities for which F351they consider that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive to consider.
2
For the purposes of subsection (1), a local authority may propose to the F352Welsh Ministers a form of executive in relation to which the authority consider that the conditions mentioned in subsection (3) are satisfied.
3
Those conditions are—
a
that the operation by the authority of executive arrangements involving that form of executive would be an improvement on the arrangements which the authority have in place for the discharge of their functions at the time that the proposal is made to the F353Welsh Ministers,
b
that the operation by the authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way, and
c
that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive for all local authorities, or for any particular description of local authority, to consider.
4
A proposal under subsection (2)—
a
must describe the form of executive to which it relates,
b
must describe the provision which the authority consider should be made under section 17 in relation to that form of executive, and
c
must explain why the authority consider that the conditions mentioned in subsection (3) are satisfied in relation to that form of executive.
Executive functions
I12C73C68C60C64C56C82C84C109C11313C84 Functions which are the responsibility of an executive.
1
This section has effect for the purposes of determining the functions of a local authority which are the responsibility of an executive of the authority under executive arrangements.
2
Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of a local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.
3
The F355Welsh Ministers may by regulations make provision for any function of a local authority specified in the regulations—
a
to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,
b
to be a function which may be the responsibility of such an executive under such arrangements, or
c
to be a function which—
i
to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and
ii
to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.
4
Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—
a
to be a function which is to be the responsibility of an executive of the authority,
b
to be a function which is not to be the responsibility of such an executive, or
c
to be a function which—
i
to the extent provided by the arrangements is to be the responsibility of such an executive, and
ii
to the extent provided by the arrangements is not to be the responsibility of such an executive.
5
The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority—
a
to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and
b
to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.
6
The F356Welsh Ministers may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.
7
A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the M6Local Government Act 1972, or any provision of that section, does not apply to that function.
8
Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of this section, the responsibility of the executive under such arrangements.
9
Any function which is the responsibility of an executive of a local authority under executive arrangements—
a
is to be regarded as exercisable by the executive on behalf of the authority, and
10
Accordingly any function which is the responsibility of an executive of a local authority under executive arrangements—
a
may not be discharged by the authority,
b
is not to be a function to which section 101(1) of the M7Local Government Act 1972 applies, and
c
may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 20.
11
Subject to any provision made under subsection (12), any function which, under executive arrangements, is not the responsibility of an executive of a local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.
12
The F357Welsh Ministers may by regulations make provision with respect to the discharge of any function which, under executive arrangements, is not the responsibility of an executive of a local authority (including provision disapplying section 101 of the M8Local Government Act 1972 or any provision of that section).
13
Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.
14
In this section—
“action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—
- a
the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
- b
the doing of anything incidental or conducive to the discharge of the function, or
- c
the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b),
- a
“function” means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.
Provisions with respect to executive arrangements
C2I13C84C78C98C105C11414C84F84Discharge of functions: F344mayor and cabinet executive
F851
Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility F358of a mayor and cabinet executive are to be discharged in accordance with this section.
2
The F362elected mayor —
a
may discharge any of those functions, or
b
may arrange for the discharge of any of those functions—
i
by the executive,
ii
by another member of the executive,
iii
by a committee of the executive, or
iv
by an officer of the authority.
3
Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the F362elected mayor otherwise directs, the executive may arrange for the discharge of any of those functions—
a
by a committee of the executive, or
b
by an officer of the authority.
4
C79C110C1065
Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the F362elected mayor otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.
C80C107C1116
Any arrangements made by virtue of this section by F359an elected mayor, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent F360the elected mayor, executive, member or committee by whom the arrangements are made from exercising those functions.
F3617
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C3I14C53C61C65C70C57C9815F87Discharge of functions: leader and cabinet executive (Wales)
1
Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of a F88leader and cabinet executive (Wales) are to be discharged in accordance with this section.
2
The executive arrangements may make provision with respect to the allocation of any functions which are the responsibility of the executive among the following persons—
a
the executive,
b
any members of the executive,
c
any committees of the executive, and
d
any officers of the authority.
3
If the executive arrangements make such provision as is mentioned in subsection (2), any person to whom a function is allocated in accordance with that provision may discharge the function.
4
If or to the extent that the functions which are the responsibility of the executive are not allocated in accordance with such provision as is mentioned in subsection (2), the executive leader—
a
may discharge any of those functions, or
b
may arrange for the discharge of any of those functions—
i
by the executive,
ii
by another member of the executive,
iii
by a committee of the executive, or
iv
by an officer of the authority.
5
Where by virtue of this section any functions may be discharged by a local authority executive, the executive may arrange for the discharge of any of those functions—
a
by a committee of the executive, or
b
by an officer of the authority.
6
Where by virtue of this section any functions may be discharged by a member of a local authority executive, that member may arrange for the discharge of any of those functions by an officer of the authority.
C66C58C69C71C54C62C747
Where by virtue of this section any functions may be discharged by a committee of a local authority executive, the committee may arrange for the discharge of any of those functions by an officer of the authority.
C48
Where the executive leader makes or has made any arrangements under subsection (4)(b)(i), (ii) or (iii), he may direct that subsection (5), (6) or (7) (as the case may be) is not to apply to any of the functions which are the subject of those arrangements or is not to apply to any of those functions in such cases or circumstances as he may direct.
C66C58C71C54C629
Any arrangements made by virtue of this section by an executive leader, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the executive leader, executive, member or committee by whom the arrangements are made from exercising those functions.
10
The reference in subsection (2)(b) to the members of the executive includes a reference to the executive leader, and subsection (6) in its application for the purposes of subsection (2)(b) is to be construed accordingly.
C5I15C9816 Discharge of functions: mayor and council manager executive.
F2021
Subject to any provision made under section 18, 19 or 20, the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.
2
The council manager—
a
may discharge any of those functions, or
b
may arrange for the discharge of any of those functions—
i
by the executive, or
ii
by an officer of the authority.
3
In deciding—
a
whether or how to discharge any functions, or
b
whether to arrange for any functions to be discharged by the executive or an officer of the authority,
the council manager must have regard to any advice given by the elected mayor.
4
Where by virtue of this section any functions may be discharged by the executive of a local authority, the executive may arrange for the discharge of any of those functions by an officer of the authority.
5
Any arrangements made by virtue of this section by a council manager or executive for the discharge of any functions by an executive or officer are not to prevent the council manager or executive by whom the arrangements are made from exercising those functions.
C6I1617 Discharge of functions: s. 11(5) executive.
1
The F363Welsh Ministers may by regulations make provision with respect to the ways in which any functions which, under executive arrangements, are the responsibility of an executive which takes a form prescribed in regulations under section 11(5) are to be discharged.
2
The provision which may be made by regulations under this section includes provision which applies or reproduces (with or without modifications) any provisions of section 14, 15 or 16.
3
Nothing in subsection (2) affects the generality of the power under subsection (1).
4
Any provision made by regulations under this section is subject to any provision made under section 18, 19 or 20.
C7I1718 Discharge of functions by area committees.
1
The F364Welsh Ministers may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive by an area committee of that authority.
2
Regulations under this section may impose limitations or restrictions on the arrangements which may be made by virtue of the regulations (including limitations or restrictions on the functions which may be the subject of such arrangements).
3
F3664
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3665
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2036
A committee or sub-committee of a local authority F367... satisfies the conditions in this subsection if—
a
the committee or sub-committee is established to discharge functions in respect of part of the area of the authority,
b
that part consists of the whole of one or more electoral divisions of the authority,
c
all the members of the authority who are elected for that electoral division, or those electoral divisions, are entitled to be members of the committee or sub-committee,
d
no members of the authority, other than those mentioned in paragraph (c), may be members of the committee or sub-committee, and
e
either or both of the conditions in subsection (7) are satisfied in relation to that part.
7
Those conditions are—
a
that the area of that part does not exceed one-half of the total area of the authority;
b
that the population of that part, as estimated by the authority, does not exceed one-half of the total population of the area of the authority as so estimated.
I1819 Discharge of functions of and by another local authority.
1
The F368Welsh Ministers may by regulations make provision for or in connection with enabling an executive of a local authority F369..., or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive—
F370a
by a relevant authority (other than the local authority), or
b
by F371a relevant executive (other than an executive of the local authority) or a committee or specified member of such an executive.
2
The F372Welsh Ministers may by regulations make provision for or in connection with enabling a F373relevant authority in Wales to arrange for the discharge of any of their functions by F374a relevant executive (other than an executive of the relevant authority) or a committee or specified member of such an executive.
3
The reference in subsection (2) to the functions of a F375relevant authority in Wales, in a case where the authority are operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority’s executive.
4
Regulations under subsection (1) or (2) may include provision—
a
b
which, in the case of arrangements for the discharge of any functions by a F378relevant authority, enables any of those functions to be delegated,
c
which, in the case of arrangements for the discharge of any functions by F379a relevant executive or a committee or member of such an executive, enables any of those functions to be delegated.
5
The provision which may be made under subsection (4)(b) includes provision which applies or reproduces (with or without modifications) any provisions of section 101(2) to (4) of the M9Local Government Act 1972.
6
The provision which may be made under subsection (4)(c) includes provision which applies or reproduces (with or without modifications) any provisions of section 14(3) to (6), 15(5) to (9) or 16(3) to (5).
7
Nothing in subsection (4), (5) or (6) affects the generality of the power under subsection (1) or (2).
8
In this section F380—
"relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;
“relevant executive” means an executive of a local authority under either this Part or Part 1A;
“specified” means specified in regulations under this section.
I1920 Joint exercise of functions.
1
The F381Welsh Ministers may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the M10Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.
2
The provision which may be made under subsection (1) includes provision—
a
as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,
b
as to the circumstances in which—
i
the authority, and
ii
the executive or a committee or specified member of the executive,
are both to be parties to the arrangements,
c
as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of the M11Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,
d
as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,
e
as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,
f
as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a committee or specified member of the executive.
3
Nothing in subsection (2) affects the generality of the power under subsection (1).
4
In this section “specified” means specified in regulations under this section.
C8I20C47C55C67C63C59C72C84C81C108C11221C84 Overview and scrutiny committees.
1
Executive arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority (referred to in this Part as overview and scrutiny committees).
2
Executive arrangements by a local authority must ensure that their overview and scrutiny committee has power (or their overview and scrutiny committees F144, and any joint overview and scrutiny committees, have power between them)—
a
to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the executive,
b
to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are the responsibility of the executive,
c
to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive,
d
to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are not the responsibility of the executive,
e
to make reports or recommendations to the authority or the executive on matters which affect the authority’s area or the inhabitants of that area,
F55f
in the case of the overview and scrutiny committee or committees of an authority to which F384F56... section 184 of the National Health Service (Wales) Act 2006 applies, to review and scrutinise, in accordance with regulations under F386that section, matters relating to the health service (within the meaning given by F387that Act, as extended by that section) in the authority’s area, and to make reports and recommendations on such matters in accordance with the regulations.
F1432A
In subsection (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—
F392a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F392b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 185 of the National Health Service (Wales) Act 2006 appointed by the authority concerned and one or more other local authorities,
d
an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, or
e
a joint overview and scrutiny F391committee within the meaning of section 58 of the Local Government (Wales) Measure 2011 appointed by two or more local authorities, one of which is the authority concerned.
3
The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented includes power—
a
to recommend that the decision be reconsidered by the person who made it, or
b
to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the authority.
C9C45C41C43C994
F1215
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C10C46C1006
An overview and scrutiny committee of a local authority—
a
may appoint one or more sub-committees, and
b
may arrange for the discharge of any of its functions by any such sub-committee.
C10C46C1007
A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (6)(b).
F147C10C46C1008
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C10C46C1009
An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, may not include any member of the authority’s executive.
C10C11C46C44C42C10010
An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority, but (subject to any provision made by or under F382paragraph 8 or 9 of Schedule 1) any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting F383....
F31310A
For provision about the appointment of persons to chair overview and scrutiny committees of local authorities F393..., see sections 66 to 75 of the Local Government (Wales) Measure 2011.
C10C46C10011
An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated—
a
as a committee or sub-committee of a principal council for the purposes of Part VA of the M12Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and
b
as a body to which section 15 of the M13Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
C10C46C10012
Subsections (2) and (5) of section 102 of the M14Local Government Act 1972 are to apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.
C10C4613
An overview and scrutiny committee of a local authority or a sub-committee of such a committee—
a
may require members of the executive, and officers of the authority, to attend before it to answer questions,
F146aa
b
may invite other persons to attend meetings of the committee.
C10C4614
It is the duty of any member or officer mentioned in F148paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph.
C10C4615
A person is not obliged by subsection (14) to answer any question which he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.
F12616
In exercising, or deciding whether to exercise, any of its functions—
F394a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
an overview and scrutiny committee of a local authority F395..., or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Welsh Ministers.
17
Guidance under subsection (16) may make different provision for different cases or for different descriptions of committee or sub-committee.
F40821ZAScrutiny officers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C10121AF141Reference of matters to overview and scrutiny committee etc
1
Executive arrangements by a local authority must include provision which—
a
enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee,
b
enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and
c
F317... enables any member of the authority to refer to an overview and scrutiny committee of the authority of which he is not a member any local government matter which is relevant to the functions of the committee.
2
For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.
3
4
Guidance under subsection (3) may make different provision for different cases.
5
Subsections (6) to (8) apply where a local government matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to subsection (1)(c).
6
In considering whether or not to exercise any of its powers under section 21(2) in relation to the matter, the committee may have regard to—
a
b
any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 21(2) in relation to the matter.
7
If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—
a
its decision, and
b
the reasons for it.
8
The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 21(2) in relation to the matter.
9
Subsection (8) is subject to section 21D.
F39810
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39811
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31612
In this section “local government matter”, in relation to a member of a local authority F399..., means a matter which is not an excluded matter and which—
a
relates to the discharge of any function of the authority, or
b
affects all or part of the electoral area for which the member is elected or any person who lives or works in that area.
13
In subsection (12) “excluded matter” means any matter which is—
a
a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or
b
a matter of any description specified in an order made by the Welsh Ministers for the purposes of this section.
C10121BF142Duty of authority or executive to respond to overview and scrutiny committee
1
This section applies where an overview and scrutiny committee of a local authority F321... makes a report or recommendations to the authority or the executive, otherwise than—
a
by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or
b
by virtue of subsection (3)(a) of that section.
2
The overview and scrutiny committee may publish the report or recommendations.
3
The overview and scrutiny committee must by notice in writing require the authority or executive—
a
to consider the report or recommendations,
b
to respond to the overview and scrutiny committee indicating what (if any) action the authority propose, or the executive proposes, to take,
c
if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response,
d
if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 21A(8), to provide the member with a copy of the response,
and to do so within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice.
4
It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.
5
Subsections (2) and (4) are subject to section 21D and to any provision made under section 22(12A).
6
In this section—
a
references to an overview and scrutiny committee include references to a sub-committee of such a committee; and
b
references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority.
F40021CReports and recommendations of overview and scrutiny committees: duties of certain partner authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C97C10121DPublication etc of reports, recommendations and responses: confidential and exempt information
1
This section applies to—
a
the publication under section 21B of any document comprising—
i
a report or recommendations of an overview and scrutiny committee, or
ii
a response of a local authority to any such report or recommendations, and
b
the provision of a copy of such a document—
i
to a member of a local authority under section 21A(8) or section 21B, or
F401ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
by an overview and scrutiny committee or a local authority.
2
The overview and scrutiny committee or the local authority, in publishing the document F402...—
a
must exclude any confidential information, and
b
may exclude any relevant exempt information.
3
The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information.
4
Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document—
a
may replace so much of the document as discloses the information with a summary which does not disclose that information, and
b
must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.
5
If by virtue of subsection (2), (3) or (4) an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—
a
excludes information, or
b
replaces part of the report or recommendations with a summary,
it is nevertheless to be taken for the purposes of section 21B(3)(c) or (d) to have published or provided a copy of the report or recommendations.
6
In this section—
“confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils),
“exempt information” has the meaning given by section 100I of that Act, and, in relation to—
- a
any report or recommendations of an overview and scrutiny committee which has functions under section 21(2)(f), or
- b
any response to such a report or recommendations,
also includes information which is exempt information under F403...F322 section 186 of the National Health Service (Wales) Act 2006, F404and
- a
“relevant exempt information” means—
- a
in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and
- b
in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered, and
- a
F405...
7
In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.
F40621EOverview and scrutiny committees of certain district councils: functions with respect to partner authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38521FOverview and scrutiny committees: flood risk management
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21GF310F407Designated persons
1
The Welsh Ministers may, by order, designate for the purposes of section 21—
a
one or more persons, and
b
one or more categories of person.
2
But—
a
the designation of a person has effect only if that person meets the following conditions, and
b
the designation of a category of persons has effect only if, and to the extent that, each person in that category meets the following conditions.
3
Condition A is that the person provides the public, or a section of the public, with services, goods or facilities of any description (whether on payment or not).
4
Condition B is that the person—
a
provides those services, goods or facilities in the exercise of functions of a public nature, or
b
is wholly or partly funded by public money.
5
Condition C is that the person is not a local authority.
I2122 Access to information etc.
1
Meetings of a local authority executive, or a committee of such an executive, are to be open to the public or held in private.
2
Subject to regulations under subsection (9), it is for a local authority executive to decide which of its meetings, and which of the meetings of any committee of the executive, are to be open to the public and which of those meetings are to be held in private.
3
A written record must be kept of prescribed decisions made at meetings of local authorities executives, or committees of such executives, which are held in private.
4
A written record must be kept of prescribed decisions made by individual members of local authority executives.
5
Written records under subsection (3) or (4) must include reasons for the decisions to which they relate.
6
Written records under subsections (3) and (4), together with such reports, background papers or other documents as may be prescribed, must be made available to members of the public in accordance with regulations made by the F410Welsh Ministers.
7
Regulations under subsection (6) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.
8
The F414Welsh Ministers may by regulations make provision—
a
with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),
b
for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,
c
for or in connection with requiring written records falling within paragraph (b) to include reasons,
d
for or in connection with requiring any such written records to be made available to members of the public,
e
for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.
9
The F414Welsh Ministers may by regulations make provision—
a
as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be open to the public,
b
as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be held in private,
c
with respect to the information which is to be included in written records kept by virtue of this section,
d
with respect to the reasons which are to be included in any such written records,
e
with respect to the persons who are to produce, keep or make available any such written records,
f
for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
g
for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
h
for or in connection with requiring information to be made available by electronic means,
i
for or in connection with conferring rights on members of the public, members of local authorities or overview and scrutiny committees or sub-committees in relation to records or documents,
j
for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section.
10
The F414Welsh Ministers may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public or members of the authority.
11
The provision which may be made under subsection (10) includes provision—
a
requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,
b
as to the way or form in which prescribed information is to be made available.
12
The F411Welsh Ministers may by regulations make provision which, in relation to meetings of—
a
local authority executives or committees of such executives, or
b
joint committees, or sub-committees of such committees, falling within subsection (8)(a),
applies or reproduces (with or without modifications) any provisions of Part VA of the M15Local Government Act 1972.
F14912A
The F409Welsh Ministers may by regulations make provision, in relation to—
a
b
the provision by such executives under that section of copies of such responses,
which applies or reproduces (with or without modifications) any provisions of section 21D.
13
F41522AOverview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2223 Further provision.
Schedule 1 (which makes further provision in relation to executive arrangements) has effect.
I2324 Absence of requirement for political balance.
Neither—
a
a local authority executive, nor
b
a committee of a local authority executive,
is to be regarded as a body to which section 15 of the M17Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
Procedure with respect to operation of executive arrangements
I2425 Proposals.
1
Subject to section 31, every local authority must—
a
draw up proposals for the operation of executive arrangements, and
b
send a copy of the proposals to the F220 Welsh Ministers.
2
Before drawing up proposals under this section, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
3
In drawing up proposals under this section, a local authority must decide—
a
which form the executive is to take, and
b
the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive.
4
In drawing up proposals under this section, a local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
5
A local authority must comply with any directions given by the F221Welsh Ministers for the purposes of this section.
6
Proposals under this section must include—
a
such details of the executive arrangements as the F222Welsh Ministers may direct,
b
a timetable with respect to the implementation of the proposals, and
c
details of any transitional arrangements which are necessary for the implementation of the proposals.
7
A copy of proposals under this section which is sent to the F223Welsh Ministers must be accompanied by a statement which describes—
a
the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, and
b
the outcome of that consultation and the extent to which that outcome is reflected in the proposals.
8
The F224Welsh Ministers may by order specify a date by which every local authority, or every local authority falling within any description of authority specified in the order, must comply with this section.
I2526 Proposals not requiring referendum.
1
Where a local authority’s proposals under section 25 do not involve a form of executive for which a referendum is required, the authority must implement the proposals in accordance with the timetable included in the proposals.
2
Any reference in this Part to a form of executive for which a referendum is required is a reference to—
a
a mayor and cabinet executive, F205or
b
F206a mayor and council manager executive, or
c
a form of executive prescribed in regulations under section 11(5) which is expressed in those regulations to be a form of executive for which a referendum is required.
I2627 Referendum in case of proposals involving elected mayor.
1
Where a local authority’s proposals under section 25 involve a form of executive for which a referendum is required, the authority—
C34a
must hold a referendum on their proposals before taking any steps to implement them, and
b
must draw up and send to the F225Welsh Ministers an outline of the fall-back proposals (referred to in this section as outline fall-back proposals) that they intend to implement if the proposals under section 25 are rejected in a referendum.
2
Fall-back proposals are proposals—
a
for the operation of executive arrangements which do not involve a form of executive for which a referendum is required, or
b
for the operation of alternative arrangements of a particular type permitted by regulations under section 32.
3
For the purpose of drawing up outline fall-back proposals, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
4
Outline fall-back proposals must include a timetable with respect to the implementation of detailed fall-back proposals which are based on the outline fall-back proposals in the event that the proposals under section 25 are rejected in a referendum.
5
6
A local authority may not hold a referendum under this section before the end of the period of two months beginning with the date on which a copy of the proposals under section 25 is sent to the F228Welsh Ministers.
7
If the result of a referendum under subsection (1) is to approve a local authority’s proposals under section 25, the authority must implement the proposals in accordance with the timetable included in the proposals.
C498
If the result of a referendum under subsection (1) is to reject a local authority’s proposals under section 25, the authority—
a
may not implement those proposals,
b
must draw up detailed fall-back proposals which are based on the outline fall-back proposals, and
c
must send a copy of the detailed fall-back proposals to the F229Welsh Ministers.
C499
In drawing up outline fall-back proposals or detailed fall-back proposals under this section, a local authority must comply with any directions given by the F230Welsh Ministers.
C4910
Outline fall-back proposals and detailed fall-back proposals must include such details of the executive arrangements or alternative arrangements to which they relate as the F231Welsh Ministers may direct.
C4911
Subsections (2), (3)(b), (4) and (6)(c) of section 25 are to apply to detailed fall-back proposals involving executive arrangements as they apply to proposals under that section.
C4912
Subsections (2), (4) and (6)(c) of that section are to apply to detailed fall-back proposals involving alternative arrangements as they apply to proposals under that section.
C25C8813
A local authority must implement detailed fall-back proposals in accordance with the timetable mentioned in subsection (4).
I2728 Approval of outline fall-back proposals.
1
A local authority may apply to the F232Welsh Ministers for the approval of outline fall-back proposals involving fall-back proposals which are not permitted by or under this Part but which would be so permitted if the necessary regulations were made under section 11(5) or 32 (as the case may be).
2
The form and content of an application under subsection (1) must comply with any directions given by the F233Welsh Ministers.
3
Where the F234Welsh Ministers approve a local authority’s proposals under subsection (1)—
a
the authority may use those proposals as their outline fall-back proposals for the purposes of section 27, and
b
the timetable referred to in section 27(13) shall be extended to the extent that there is any delay in making the necessary regulations under section 11(5) or 32 (as the case may be).
C12I2829 Operation of, and publicity for, executive arrangements.
C13C26C35C50C891
A resolution of a local authority is required in order for the authority to operate executive arrangements.
C27C29C52C90C922
As soon as practicable after passing such a resolution a local authority must—
a
secure that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at all reasonable hours, and
b
publish in one or more newspapers circulating in their area a notice which—
C51i
states that they have resolved to operate the arrangements,
ii
states the date on which they are to begin operating the arrangements,
iii
describes the main features of the arrangements,
iv
states that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and
v
specifies the address of their principal office.
3
I2930 Operation of different executive arrangements.
F2081
The Secretary of State may by regulations make provision for or in connection with the operation by a local authority F90in Wales which are operating executive arrangements (“the existing arrangements”) of executive arrangements (“the different arrangements”) which differ from the existing arrangements in any respect.
2
The provision which may be made by virtue of subsection (1) includes provision—
a
which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27, 28 or 29,
b
for or in connection with requiring the consent of an elected mayor under the existing arrangements to the operation of the different arrangements,
c
with respect to changes to the existing arrangements as a result of changes to the functions which are the responsibility of an executive.
3
Nothing in subsection (2) affects the generality of the power under subsection (1).
Alternative arrangements.
F41631 Alternative arrangements in case of certain local authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41732 Alternative arrangements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3033 Operation of alternative arrangements.
F209F91A1
In this section references to a local authority are references to a local authority in Wales.
1
A local authority may not operate alternative arrangements unless permitted or required to do so by virtue of any provision made by or under this Part.
C14C15C28C36C912
A resolution of a local authority is required in order for the authority to operate alternative arrangements.
3
Subsection (2) of section 29 is to apply for the purposes of this section as it applies for the purposes of that section.
4
A local authority which pass a resolution under this section to operate alternative arrangements may not at any subsequent time cease to operate those arrangements unless, by virtue of any provision made under subsection (9) or section 34, 35 or 36, the authority operate executive arrangements in place of those arrangements.
5
The Secretary of State may by regulations make provision for or in connection with enabling a local authority to which section 31 applies which are operating executive arrangements to operate alternative arrangements in place of the executive arrangements.
6
The provision which may be made by virtue of subsection (5) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27 or 28.
7
The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating alternative arrangements to operate alternative arrangements which differ from the existing alternative arrangements in any respect.
8
The provision which may be made by virtue of subsection (7) includes provision which applies or reproduces (with or without modifications) any provisions of section 25 or 26.
9
The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating alternative arrangements to operate executive arrangements in place of the alternative arrangements.
10
The provision which may be made by virtue of subsection (9) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27, 28 or 29.
11
Nothing in subsection (6), (8) or (10) affects the generality of the power under subsection (5), (7) or (9) (as the case may be).
F104Changing governance arrangements: general provisions
Ss. 33A-33O and cross-headings inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 64, 245(2)
33ZAF195F219Changing governance arrangements
For provision about changing the governance arrangements of local authorities F247... see Part 4 of the Local Government (Wales) Measure 2011.
F23533AExecutive arrangements: different form of executive
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23633BExecutive arrangements: other variation of arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23733CAlternative arrangements: move to executive arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41833DAlternative arrangements: variation of arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23833EProposals by local authority
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23933FResolution of local authority
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24033GImplementation: new executive or move to executive arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24133HImplementation: other change in governance arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24233IGeneral
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F278...
S. 33J and crossheading repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 45, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)
F27833JNew form of executive or move to executive: general requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24333KChanges subject to approval in a referendum: additional requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24433LChange not subject to approval in a referendum: additional requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24533MCases in which change subject to approval in referendum
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24633NVariation of mayoral executive
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F279...
S. 33O and crossheading repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 50, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)
F27933OInterpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referendums
I3134 Referendum following petition.
1
The F248Welsh Ministers may by regulations make provision for or in connection with requiring a local authority which receive a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should F92operate a relevant form of executive.
F931A
In this section “relevant form of executive” F249means executive arrangements involving a form of executive for which a referendum is required.
2
The provision which may be made by regulations under subsection (1) includes provision—
a
as to the form and content of petitions (including provision for petitions in electronic form),
b
as to the minimum number of local government electors for a local authority’s area who must support any petition presented to the authority during any period specified in the regulations,
c
for or in connection with requiring an officer of a local authority to publish the number of local government electors for the authority’s area who must support any petition presented to the authority,
d
as to the way in which local government electors for a local authority’s area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),
e
as to the action which may, may not or must be taken by a local authority in connection with any petition,
f
as to the manner in which a petition is to be presented to a local authority,
g
as to the verification of any petition,
h
as to the date on which, or the time by which, a referendum must be held,
i
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
j
as to the action which may, may not or must be taken by a local authority after a referendum, and
k
for or in connection with enabling the F251Welsh Ministers, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
3
4
The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent. of the number of local government electors at each of those times.
5
Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
I3235 Referendum following direction.
1
The F253Welsh Ministers may by regulations make provision for or in connection with enabling F254them, in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the direction.
2
The provision which may be made by regulations under this section includes provision—
a
as to the date on which, or the time by which, a referendum must be held,
b
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
c
as to the action which may, may not or must be taken by a local authority after a referendum, and
d
for or in connection with enabling the F255Welsh Ministers, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
3
4
Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
I3336 Referendum following order.
1
The F257Welsh Ministers may by order make provision requiring every local authority, or every local authority falling within any description of authority specified in the order, to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the order.
2
The provision which may be made by an order under this section includes provision—
a
as to the date on which, or the time by which, a referendum must be held,
b
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
c
as to the action which may, may not or must be taken by a local authority after a referendum,
d
for or in connection with enabling the F258Welsh Ministers, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
3
4
Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
Local authority constitution
I3437 Local authority constitution.
1
A local authority which are operating executive arrangements or alternative arrangements must prepare and keep up to date a document (referred to in this section as their constitution) which contains—
a
such information as the F419Welsh Ministers may direct,
b
a copy of the authority’s standing orders for the time being,
c
a copy of the authority’s code of conduct for the time being under section 51, and
d
such other information (if any) as the authority consider appropriate.
2
A local authority must ensure that copies of their constitution are available at their principal office for inspection by members of the public at all reasonable hours.
3
A local authority must supply a copy of their constitution to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.
F1064
In relation to an authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1)(c) to the authority's code of conduct for the time being under section 51 is to the mandatory provisions which for the time being apply to the members and co-opted members of the authority.
Guidance
I3538 Guidance.
1
A local authority must have regard to any guidance for the time being issued by the F420Welsh Ministers for the purposes of this Part.
2
Guidance under this section may make different provision for different cases or descriptions of local authority.
Elected mayors etc.
I3639 Elected mayors etc.
1
In this Part “elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority’s area in accordance with the provisions made by or under this Part.
F2992
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
An elected mayor of a local authority F300... is to be entitled to the style of “mayor” or “maer”.
4
In this Part “elected executive member” means an individual elected as a member of a local authority executive by the local government electors for the authority’s area in accordance with the provisions made by or under this Part, but does not include an elected mayor.
F945A
A reference in any enactment (whenever passed or made) to—
a
a member of a local authority, or
b
a councillor of a local authority,
does not include a reference to an elected mayor of the authority.
5B
But subsection (5A) is subject to—
a
regulations made by the F301Welsh Ministers under this paragraph which provide that an elected mayor is to be treated as member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and
b
any other contrary intention that appears in any enactment (whenever passed or made).
5C
F297Section 21(1A) of the Local Government Act 1972 is not to be taken to indicate any contrary intention for the purposes of subsection (5B)(b).
F2965D
A statutory instrument containing regulations made under subsection (5B)(a) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
F298F956
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
The term of office of an elected mayor of a local authority is to be four years.
8
This section is subject to regulations under section 41.
40 Election as elected mayor and councillor.
1
If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy shall arise in the office of councillor.
2
If the person who is returned at an election (“the mayoral election”) as the elected mayor of a local authority—
a
is a councillor of the authority, and
b
was returned as such a councillor at an election held at an earlier time than the mayoral election,
a vacancy shall arise in the office of councillor.
3
Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority.
4
A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if he is a candidate in both such elections and he is returned both as the elected mayor and as a councillor.
I3741 Time of elections etc.
The F302Welsh Ministers may by regulations make provision—
a
as to the dates on which and years in which elections for the return of elected mayors or elected executive members may or must take place,
b
as to the intervals between elections for the return of elected mayors or elected executive members,
c
as to the term of office of elected mayors or elected executive members, and
d
as to the filling of vacancies in the office of elected mayor or elected executive member.
42 Voting at elections of elected mayors.
1
Each person entitled to vote as an elector at an election for the return of an elected mayor is to have the following vote or votes—
a
one vote (referred to in this Part as a first preference vote) which may be given for the voter’s first preference from among the candidates to be the elected mayor, and
b
if there are three or more candidates to be the elected mayor, one vote (referred to in this Part as a second preference vote) which may be given for the voter’s second preference from among those candidates.
C212
The elected mayor is to be returned under the simple majority system, unless there are three or more candidates.
3
If there are three or more candidates to be the elected mayor, the elected mayor is to be returned under the supplementary vote system in accordance with Schedule 2.
43 Entitlement to vote.
1
The persons entitled to vote as electors at an election for the return of an elected mayor or elected executive member are those who on the day of the poll—
a
would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and
b
are registered in the register of local government electors at an address within the authority’s area.
2
A person is not entitled as an elector to cast more than one first preference vote, or more than one second preference vote, at an election for the return of an elected mayor.
I38C11544 Power to make provision about elections.
1
The Secretary of State F606or the Chancellor of the Duchy of Lancaster may by regulations make provision as to—
a
the conduct of elections for the return of elected mayors or elected executive members, and
b
the questioning of elections for the return of elected mayors or elected executive members and the consequences of irregularities.
2
The provision which may be made under subsection (1)(a) includes, in particular, provision—
a
about the registration of electors,
b
for disregarding alterations in a register of electors,
c
about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses),
d
for the combination of polls at elections for the return of elected mayors and other elections (including elections for the return of elected executive members), and
e
for the combination of polls at elections for the return of elected executive members and other elections (including elections for the return of elected mayors).
3
Regulations under this section may—
a
apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,
b
modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of elected mayors or elected executive members, and
c
so far as may be necessary in consequence of any provision made by or under this Part or any regulations under this section, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.
F13A
Before making any regulations under this section, the Secretary of State F604or the Chancellor of the Duchy of Lancaster shall consult the Electoral Commission.
3B
In addition, the power of the Secretary of State F605or the Chancellor of the Duchy of Lancaster to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) shall be exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State F605or the Chancellor of the Duchy of Lancaster considers that it is expedient to exercise that power in consequence of changes in the value of money.
C484
F343...
S. 44A and cross-heading repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 58, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)
F343C13044A Election of leader: whole-council elections
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F421C13144B Election of leader: partial-council elections
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42244CRemoval of leader
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F423C13244D Term of office of leader: whole-council elections
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F424C13344E Term of office of leader: partial-council elections
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42544FLeader to continue to hold office as councillor
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42644GNo other means of electing or removing leader
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42744HRegulations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provisions with respect to referendums
I39C116C121F9645 Provisions with respect to referendums.
1
A local F259authority may not hold more than one referendum in any period of five years.
2
If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals in accordance with any provision made by the regulations or order.
3
If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals but must instead comply with any provision made by the regulations or order.
4
The persons entitled to vote in a referendum held by a local authority are those who on the day of the referendum—
a
would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority’s area, and
b
are registered in the register of local government electors at an address within the authority’s area.
5
The F261Welsh Ministers may by regulations make provision as to the conduct of referendums.
6
The F262Welsh Ministers may by regulations make provision for the combination of polls at referendums with polls at any elections.
7
Regulations under subsection (5) or (6) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.
8
The provision which may be made under subsection (5) includes, in particular, provision—
a
as to the question to be asked in a referendum,
b
as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum),
c
about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),
d
as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,
e
as to when, where and how voting in a referendum is to take place,
f
as to how the votes cast in a referendum are to be counted, and
g
for disregarding alterations in a register of electors.
F28A
Before making any regulations under this section, the F263Welsh Ministers shall consult the Electoral Commission, but this subsection does not apply to—
a
provisions which specify the wording of the question to be asked in a referendum, or
b
provisions for matters mentioned in subsection (8)(c).
8B
No regulations which specify the wording of the question to be asked in a referendum may be made under subsection (5) unless—
a
8C
Where any such regulations specify not only the question to be asked in a referendum but also any statement which is to precede that question on the ballot paper at the referendum, any reference in subsection (8B) to the intelligibility of that question is to be read as a reference to the intelligibility of that question and that statement taken together.
8D
No regulations which make provision for the matters mentioned in subsection (8)(c) may be made under subsection (5) unless—
a
b
where the draft regulations laid before F270the National Assembly for Wales made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the F271Welsh Ministers, when so laying the draft, also laid before F272the Assembly a statement of F273their reasons for departing from the views of the Commission.
9
Amendments to the 1972 Act
I4046 Amendments to the 1972 Act.
Schedule 3, which contains amendments to the M20Local Government Act 1972, has effect.
Power to make further provision
I4147 Power to make incidental, consequential provision etc.
1
2
The provision which may be made under subsection (1) includes provision modifying any enactment (whenever passed or made).
3
The power under subsection (2) to modify an enactment is a power—
a
to apply that enactment with or without modifications,
b
to extend, disapply or amend that enactment, or
c
to repeal or revoke that enactment with or without savings.
F974
The provision which may be made under subsection (1) includes provision relating to changes in local authority governance arrangements F274....
5
That includes—
a
provision relating to the old governance arrangements, the new governance arrangements, or both kinds of governance arrangements,
b
provision as to the dates on which and years in which relevant elections may or must be held,
c
provision as to the intervals between relevant elections, and
d
provision as to the term of office of any member of any form of executive.
6
In subsection (5) “relevant election” means—
a
an election for the return of an elected mayor;
F277b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Nothing in subsection (2), (3), (4) or (5) affects the generality of the power in subsection (1).
Interpretation
I4248 Interpretation of Part II.
1
In this Part, unless the context otherwise requires—
“alternative arrangements” has the meaning given by section 32(1),
F214“council manager” has the meaning given by section 11(4)(b),“elected executive member” has the meaning given by section 39(4),
“elected mayor” has the meaning given by section 39(1),
“electoral area” has the meaning given by section 203(1) of the M21Representation of the People Act 1983,
“enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the M22Interpretation Act 1978),
“executive”, in relation to a local authority, is to be construed in accordance with section 11,
“executive arrangements” has the meaning given by section 10,
“executive leader” has the meaning given by F428section 11(3)(a),
“fall-back proposals” and “outline fall-back proposals” are to be construed in accordance with section 27(1) and (2),
“first preference vote” has the meaning given by section 42(1)(a),
“local authority” F341means a county council in Wales or a county borough council,
“local government elector” has the meaning given by section 270(1) of the M23Local Government Act 1972,
F304...
“overview and scrutiny committee” has the meaning given by section 21(1),
“the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the M24Local Government and Housing Act 1989,
“second preference vote” has the meaning given by section 42(1)(b).
1A
F303...
2
Any reference in this Part to the chairman of a local authority—
a
is a reference to that person whether or not he is entitled to another style, F429...
F430b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Any reference in this Part to the vice-chairman of a local authority—
a
is a reference to that person whether or not he is entitled to another style, F431...
F432b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.
5
Section 101 of the M25Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part.
6
Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.
7
Any directions given by the F433Welsh Ministers under any provision of this Part—
a
may be varied or revoked by subsequent directions given by F434them under that provision, and
b
may make different provision for different cases, local authorities or descriptions of local authority.
F60748AFunctions of the Lord President of the Council
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C31C32C38C40C76C85C96C103C123C136Part III Conduct of local government members and employees
Pt. III applied (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 14(1)
Pt. III applied (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 14(1)
Pt. III applied (24.3.2005) by New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 4 para. 9(3)
Pt. III savings for effects of 2005 c. 10, s. 38 (1.4.2006) by The Public Services Ombudsman (Wales) Act 2005 (Transitional Provisions and Consequential Amendments) Order 2006 (S.I. 2006/362), arts. 1(1), 4
Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)
Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)
Pt. III functions made exercisable (E.) by joint standards committees (15.6.2009) by The Standards Committee (Further Provisions) (England) Regulations 2009 (S.I. 2009/1255), regs. 1(1), 14
Pt. III applied (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 4 para. 9(3)
Pt. III continued (with modifications) (14.12.2011) by The Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011 (S.I. 2011/3019), art. 5
Pt. III applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
C38C40C117C103C136Chapter I Conduct of members
Pt. III Ch. I applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(c), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)
Standards of conduct
I43C9549C40C103C136 Principles governing conduct of members of relevant authorities.
F4681
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The National Assembly for Wales may by order specify the principles which are to govern the conduct of members and co-opted members of relevant authorities F469....
F1072A
An order under subsection (1) must provide as respects each specified principle—
a
that it applies to a person only when acting in an official capacity; or
b
that it applies to a person only when not acting in an official capacity;
but the order may provide as mentioned in paragraph (b) only as respects a principle within subsection (2B).
2B
A principle is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence.
F4702C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2D
An order under subsection (2)—
a
may specify principles which are to apply to a person at all times;
b
may specify principles which are to apply to a person otherwise than at all times.
F4713
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4714
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Before making an order under this section, the National Assembly for Wales must consult—
a
such representatives of relevant authorities F472... as it considers appropriate,
b
the F21Auditor General for Wales,
c
F25the Public Services Ombudsman for Wales, and
d
such other persons (if any) as it considers appropriate.
6
In this Part “relevant authority” means—
a
a county council F473in Wales,
b
a county borough council,
F465c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F465d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F465e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
a community council,
F466g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F466h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F466i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F466j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F466k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19l
a fire and rescue authority F474in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
F467m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F467n
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F467na
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F467nb
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F467o
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In this Part “co-opted member”, in relation to a relevant authority, means a person who is not a member of the authority but who—
a
is a member of any committee or sub-committee of the authority, or
b
is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,
and who is entitled to vote on any question which falls to be decided at any meeting of that committee or sub-committee.
I4450C103C136 Model code of conduct.
F4761
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The National Assembly for Wales may by order issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities F477... (also referred to in this Part as a model code of conduct).
3
The power under subsection F478... (2) to issue a model code of conduct includes power to revise any such model code which has been issued.
4
A model code of conduct—
a
b
may include provisions which are mandatory, and
c
may include provisions which are optional.
F1084A
A model code of conduct issued under subsection (1) must provide, as respects each provision of the code which relates to the conduct expected of the persons mentioned in that subsection—
a
that the provision applies to a person only when acting in an official capacity; or
b
that it applies to a person only when not acting in an official capacity;
but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B).
4B
A provision is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence.
F4814C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4814D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4E
A model code of conduct issued under subsection (2) may include—
a
provisions which are to apply to a person at all times;
b
provisions which are to apply to a person otherwise than at all times.
5
Before making an order under this section, F482... the National Assembly for Wales must carry out such consultation as is required, by virtue of section 49, before an order is made under that section.
F4836
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4837
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I45C39C38C104C10351C38C103C136 Duty of relevant authorities to adopt codes of conduct.
1
It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which the first order under section 50 which applies to them is made, to pass a resolution adopting a code as regards the conduct which is expected of members and co-opted members of the authority (referred to in this Part as a code of conduct).
2
It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which any subsequent order under section 50 which applies to them is made, to pass a resolution—
a
adopting a code of conduct in place of their existing code of conduct under this section, or
b
revising their existing code of conduct under this section.
3
A relevant authority may by resolution—
a
adopt a code of conduct in place of their existing code of conduct under this section, or
b
revise their existing code of conduct under this section.
4
A code of conduct or revised code of conduct—
a
must incorporate any mandatory provisions of the model code of conduct which for the time being applies to that authority,
b
may incorporate any optional provisions of that model code, and
c
may include other provisions which are consistent with that model code.
F1094A
Where under subsection (4)(c) a provision relating to the conduct expected of persons is included in the code of a relevant authority in England F545..., the code must provide—
a
that the provision applies to a person only when acting in an official capacity (within the meaning given by the code); or
b
that it applies to a person only when not acting in an official capacity (within that meaning);
but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B).
4B
A provision of a code is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence within the meaning of the code.
4C
The provisions which may be included under subsection (4)(c) F484... include—
a
provisions which are to apply to a person at all times;
b
provisions which are to apply to a person otherwise than at all times.
5
Where a relevant authority fail to comply with the duty under subsection (1) or (2) before the end of the period mentioned in that subsection—
a
they must comply with that duty as soon as reasonably practicable after the end of that period, and
b
any mandatory provisions of the model code of conduct which for the time being applies to the authority are to apply in relation to the members and co-opted members of the authority for so long as the authority fail to comply with that duty.
6
As soon as reasonably practicable after adopting or revising a code of conduct under this section, a relevant authority must—
a
ensure that copies of the code or revised code are available at an office of the authority for inspection by members of the public at all reasonable hours,
b
publish in one or more newspapers circulating in their area a notice which—
i
states that they have adopted or revised a code of conduct,
ii
states that copies of the code or revised code are available at an office of the authority for inspection by members of the public at such times as may be specified in the notice, and
iii
specifies the address of that office, and
7
Where a relevant authority themselves publish a newspaper, the duty to publish a notice under subsection (6)(b) is to be construed as a duty to publish that notice in their newspaper and at least one other newspaper circulating in their area.
8
A relevant authority may publicise their adoption or revision of a code of conduct under this section in any other manner that they consider appropriate.
9
A relevant authority’s function with respect to the passing of a resolution under this section may be discharged only by the authority (and accordingly, in the case of a relevant authority to which section 101 of the M27Local Government Act 1972 applies, is not to be a function to which that section applies).
I4652C103C136 Duty to comply with code of conduct.
1
A person who is a member or co-opted member of a relevant authority at a time when the authority adopt a code of conduct under section 51 for the first time—
a
must, before the end of the period of two months beginning with the date on which the code of conduct is adopted, give to the authority a written undertaking that F111in performing his functions he will observe the authority’s code of conduct for the time being under section 51, and
b
if he fails to do so, is to cease to be a member or co-opted member at the end of that period.
2
The form of declaration of acceptance of office which may be prescribed by an order under section 83 of the M28Local Government Act 1972 F486in relation to a relevant authority may include an undertaking by the declarant that F111in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
3
A person who becomes a member of a relevant authority to which section 83 of that Act does not apply at any time after the authority have adopted a code of conduct under section 51 for the first time may not act in that office unless he has given the authority a written undertaking that F111in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
4
A person who becomes a co-opted member of a relevant authority at any time after the authority have adopted a code of conduct under section 51 for the first time may not act as such unless he has given the authority a written undertaking that F111in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
F1105
In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b)—
a
the references in subsections (2) to (4) to the authority's code of conduct for the time being under section 51 include the mandatory provisions which for the time being apply to the members and co-opted members of the authority, and
b
the references in subsections (3) and (4) to any time after the authority have adopted a code of conduct under section 51 for the first time are to be read as references to any time after the coming into force of section 184 of the Local Government and Public Involvement in Health Act 2007.
Standards committees
I4753C40C136 Standards committees.
1
Subject to subsection (2), every relevant authority must establish a committee F575or, with one or more other relevant authorities, a joint committee which is to have the functions conferred on it by or under this Part.
F5701A
In this Part, a reference to a “standards committee” is a reference to a committee or a joint committee established under subsection (1).
2
Subsection (1) does not apply to a F487... community council.
F4643
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4644
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4645
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4646
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4647
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4648
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4649
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46410
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
The F572Welsh Ministers may by regulations make provision—
a
b
as to the term of office of members of any such committees,
c
as to the persons who may, may not or must chair any such committees,
d
as to the entitlement to vote of members of any such committee who are not members of the relevant authority concerned,
F573da
about establishing a standards committee which is a joint committee (including, in particular, provision about any restrictions on the number or types of relevant authority that may establish a joint committee),
e
f
with respect to the access of the public to meetings of such committees,
g
with respect to the publicity to be given to meetings of such committees,
h
with respect to the production of agendas for, or records of, meetings of such committees,
i
with respect to the availability to the public or members of relevant authorities of agendas for, records of or information connected with meetings of any such committees,
j
as to the proceedings and validity of proceedings of any such committees,
12
The provision which may be made by virtue of subsection F490... (11)(f) to (i) includes provision which applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972.
F57113
A relevant authority which is considering establishing a joint committee must have regard to any guidance issued by the Welsh Ministers about establishing joint committees and the circumstances in which it is appropriate to do so.
I4854C136 Functions of standards committees.
1
The general functions of a standards committee of a relevant authority are—
a
promoting and maintaining high standards of conduct by the members and co-opted members of the authority, and
b
assisting members and co-opted members of the authority to observe the authority’s code of conduct.
2
Without prejudice to its general functions, a standards committee of a relevant authority has the following specific functions—
a
advising the authority on the adoption or revision of a code of conduct,
b
monitoring the operation of the authority’s code of conduct, and
c
advising, training or arranging to train members and co-opted members of the authority on matters relating to the authority’s code of conduct.
3
A relevant authority may arrange for their standards committee to exercise such other functions as the authority consider appropriate.
F1123A
In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), references in subsection (1)(b) and (2)(b) and (c) to the authority's code of conduct are to those mandatory provisions.
F4914
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F5775A
Regulations made under subsection (5) may modify any provision of this Part, or any other enactment relating to a standards committee or to any functions of a standards committee, in relation to cases where a function of a standards committee is exercisable by a joint committee.
5B
In subsection (5A) “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)), whenever passed or made.
F2816
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5797
A standards committee must, in exercising any of its functions, have regard to any relevant guidance issued by the Welsh Ministers.
54AC136F9Sub-committees of standards committees
1
A standards committee of a relevant authority may appoint one or more sub-committees for the purpose of discharging any of the committee’s functions, whether or not to the exclusion of the committee.
2
Subsection (1) does not apply to functions under section F113...56.
3
A sub-committee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed F493....
F4944
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority F495...—
a
regulations under section 53(11) may make provision in relation to such sub-committees, and
b
section 54(5) and (7) apply in relation to such sub-committees as they apply in relation to standards committees.
6
Subject to F496... any provision made by regulations under section F49753(11)(a) (as applied by this section)—
a
the number of members of a sub-committee under subsection (1), and
b
the term of office of those members,
are to be fixed by the standards committee by which the sub-committee is appointed.
F49855 Standards committees F114... for parish councils.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56C136 Standards committees or sub-committees for community councils.
1
A standards committee of a county council in Wales is to have the same functions in relation to—
a
the community councils which are situated in the area of the county council, and
b
the members of those community councils,
as the standards committee has under section 54(1) and (2) in relation to the county council and the members of the county council.
2
A standards committee of a county borough council is to have the same functions in relation to—
a
the community councils which are situated in the area of the county borough council, and
b
the members of those community councils,
as the standards committee has under section 54(1) and (2) in relation to the county borough council and the members of the county borough council.
3
A standards committee of a county council or county borough council may appoint a sub-committee for the purpose of discharging all of the functions conferred on the standards committee by this section.
4
In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge the functions conferred by this section, a county council or county borough council must consult the community councils which are situated in their area.
5
Regulations under section 53(11) may make provision in relation to sub-committees appointed under this section.
6
Subsections (5) and (7) of section 54 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees.
7
Any function which by virtue of the following provisions of this Part is exercisable by or in relation to the standards committee of a relevant authority which is a community council is to be exercisable by or in relation to—
a
the standards committee of the county council or county borough council in whose area the community council is situated, or
b
where that standards committee has appointed a sub-committee under this section, that sub-committee;
and any reference in the following provision of this Part to the standards committee of a relevant authority which is a community council is to be construed accordingly.
F49956AJoint committees of relevant authorities in England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C40C96C136Chapter II Investigations etc: England
Standards Board for England
F30557 Standards Board for England.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F122Written allegations
Ss. 57A-57D and 58 substituted for s. 58 (31.1.2008 for specified purposes, 8.5.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 185, 245(5) (with s. 201); S.I. 2008/172, art. 6; S.I. 2008/1265, art. 2(a) (with art. 3)
F50057AWritten allegations: right to make, and initial assessment
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50157BRight to request review of decision not to act
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5027CInformation to be given to subject of allegation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28257DC136Power to suspend standards committee's functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28358C136Allegations referred to Standards Board
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Functions of ethical standards officers
F28459 Functions of ethical standards officers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigations F118by ethical standards officers
Words in s. 60 cross-heading inserted (1.4.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 191(2), 245(5) (with s. 201); S.I. 2008/172, art. 7(2)
F28560C40C136 Conduct of investigations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F286C4061C40C136 Procedure in respect of investigations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28762C40C136 Investigations: further provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28863 Restrictions on disclosure of information.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reports etc. F105by ethical standards officers
Words in s. 64 cross-heading inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 192(1), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(m)
F28964 Reports etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29065 Interim reports.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29165ADisclosure by monitoring officers of ethical standards officers' reports
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
References to monitoring officers
F50366 Matters referred to monitoring officers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50466AReferences to F151First-tier Tribunal for action in respect of misconduct
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F123Information to be provided to Standards Board by relevant authority
Ss. 66B, 66C and cross-heading inserted (8.5.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 186, 245(5) (with s. 201); S.I. 2008/1265, art. 2(b) (with art. 3)
F29266BPeriodic returns
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29366CInformation requests
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F119Consultation with ombudsmen
S. 67 cross-heading inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 196(1), 245(5) (with s. 201); S.I. 2008/172, art. 4(j)
F505C14367 Consultation with F36ombudsmen .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C40C136Chapter III Investigations etc: Wales
F37Public Services Ombudsman for Wales
Pt. III Ch. III cross-heading preceding s. 68 substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 9; S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)
I4968C40C136F38Public Services Ombudsman for Wales .
1
F27The Public Services Ombudsman for Wales is to have the functions conferred on him by this Part and such other functions as may be conferred on him by order made by the National Assembly for Wales under this subsection.
2
F40The Public Services Ombudsman for Wales—
a
b
may issue guidance to relevant authorities F508... in relation to the qualifications or experience which monitoring officers should possess, and
c
may arrange for any such guidance to be made public.
F283
The National Assembly for Wales may by regulations make provision which, for the purpose of any provisions of the Public Services Ombudsman (Wales) Act 2005 specified in the regulations, treats—
a
functions of the Public Services Ombudsman for Wales under that Act as including his functions under this Part, or
b
expenses of the Public Services Ombudsman for Wales under that Act as including his expenses under this Part.
4
The provision which may be made by virtue of subsection (3) includes provision which modifies, or applies or reproduces (with or without modifications), any provisions of F29...that Act.
F305
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigations
69C136F39Investigations by the Public Services Ombudsman for Wales.
1
F41The Public Services Ombudsman for Wales may investigate—
a
cases in which a written allegation is made to him by any person that a member or co-opted member (or former member or co-opted member) of a relevant authority F509... has failed, or may have failed, to comply with the authority’s code of conduct, and
b
other cases in which he considers that a member or co-opted member (or former member or co-opted member) of a relevant authority F509... has failed, or may have failed, to comply with the authority’s code of conduct and which have come to his attention as a result of an investigation under paragraph (a).
2
If F42the Public Services Ombudsman for Wales considers that a written allegation under subsection (1)(a) should not be investigated, he must take reasonable steps to give written notification to the person who made the allegation of the decision and the reasons for the decision.
3
The purpose of an investigation under this section is to determine which of the findings mentioned in subsection (4) is appropriate.
4
Those findings are—
a
that there is no evidence of any failure to comply with the code of conduct of the relevant authority concerned,
b
that no action needs to be taken in respect of the matters which are the subject of the investigation,
c
that the matters which are the subject of the investigation should be referred to the monitoring officer of the relevant authority concerned, or
d
that the matters which are the subject of the investigation should be referred to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(1).
5
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F510..., the reference in subsection (4)(c) to the monitoring officer of the relevant authority concerned is to be treated as a reference either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority (and accordingly F43if the Public Services Ombudsman for Wales reaches a finding under subsection (4)(c) he must decide to which of those monitoring officers to refer the matters concerned).
I5070C40C136 Investigations: further provisions.
1
The National Assembly for Wales may by order make provision with respect to investigations under section 69 (including provision with respect to the obtaining or disclosure of documents or information).
C872
The provision which may be made by virtue of subsection (1) includes provision which applies or reproduces (with or without modifications)—
a
any provisions of sections 60 to 63 F511as those sections had effect immediately before their repeal by the Localism Act 2011, or
3
F44The Public Services Ombudsman for Wales may cease an investigation under section 69 at any stage before its completion.
4
Where F45the Public Services Ombudsman for Wales ceases an investigation under section 69 before its completion, he may refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned.
5
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F512..., F45the Public Services Ombudsman for Wales may, if he thinks it more appropriate than making such a reference as is mentioned in subsection (4), refer the matters which are the subject of the investigation to the monitoring officer of that other relevant authority.
Reports etc.
71C136 Reports etc.
1
Where F46 the Public Services Ombudsman for Wales determines in relation to any case that a finding under section 69(4)(a) or (b) is appropriate—
a
he may produce a report on the outcome of his investigation,
b
he may provide a summary of any such report to any newspapers circulating in the area of the relevant authority concerned,
c
he must send to the monitoring officer of the relevant authority concerned a copy of any such report, and
d
where he does not produce any such report, he must inform the monitoring officer of the relevant authority concerned of the outcome of the investigation.
2
Where F46 the Public Services Ombudsman for Wales determines in relation to any case that a finding under section 69(4)(c) is appropriate he must—
a
produce a report on the outcome of his investigation,
b
subject to subsection (4)(b), refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned, and
c
send a copy of the report to the monitoring officer, and the standards committee, of the relevant authority concerned.
3
Where F46 the Public Services Ombudsman for Wales determines in relation to any case that a finding under section 69(4)(d) is appropriate he must—
a
produce a report on the outcome of his investigation,
b
refer the matters which are the subject of the investigation to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(1), and
c
send a copy of the report to the monitoring officer of the relevant authority concerned and to the president of the Adjudication Panel for Wales.
4
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F513...—
a
the references in subsections (1)(b), (c) and (d), (2)(c) and (3)(c) to the relevant authority concerned are to be treated as including references to that other relevant authority, and
b
F47if the Public Services Ombudsman for Wales reaches a finding under section 69(4)(c) he must refer the matters concerned either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority.
5
A report under this section may cover more than one investigation under section 69 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.
6
F48The Public Services Ombudsman for Wales must—
a
inform any person who is the subject of an investigation under section 69, and
b
take reasonable steps to inform any person who made any allegation which gave rise to the investigation,
of the outcome of the investigation.
72C136 Interim reports.
1
Where he considers it necessary in the public interest, F49the Public Services Ombudsman for Wales may, before the completion of an investigation under section 69, produce an interim report on that investigation.
2
An interim report under this section may cover more than one investigation under section 69 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.
3
Where the prima facie evidence is such that it appears to F49the Public Services Ombudsman for Wales—
a
that the person who is the subject of the interim report has failed to comply with the code of conduct of the relevant authority concerned,
b
that the nature of that failure is such as to be likely to lead to disqualification under section 79(4)(b), and
c
that it is in the public interest to suspend or partially suspend that person immediately,
the interim report may include a recommendation that that person should be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.
4
Where F49the Public Services Ombudsman for Wales produces an interim report under this section which contains such a recommendation as is mentioned in subsection (3), he must refer the matters which are the subject of the report to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(2).
5
A copy of any report under this section must be given—
a
to any person who is the subject of the report,
b
to the monitoring officer of the relevant authority concerned, and
c
to the president of the Adjudication Panel for Wales.
6
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F514...—
a
the second reference in subsection (3) to the relevant authority concerned is to be treated as a reference to that other relevant authority, and
b
the reference in subsection (5)(b) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.
References to monitoring officers
I5173C136 Matters referred to monitoring officers.
1
The National Assembly for Wales may by regulations make provision in relation to the way in which any matters referred to the monitoring officer of a relevant authority under section F11670(4) or (5) or 71(2) or (4) are to be dealt with.
2
The provision which may be made by regulations under subsection (1) includes provision for or in connection with—
a
enabling a monitoring officer of a relevant authority to conduct an investigation in respect of any matters referred to him,
b
enabling a monitoring officer of a relevant authority to make a report, or recommendations, to the standards committee of the authorityF582, or to the standards committee of another relevant authority, in respect of any matters referred to him,
F580ba
enabling a standards committee of a relevant authority to refer a report or recommendations made by its monitoring officer to the standards committee of another relevant authority,
F581c
enabling a standards committee of a relevant authority to consider any report or recommendations made or, as the case may be, referred to it by—
i
a monitoring officer of a relevant authority, or
ii
the standards committee of another relevant authority.
ca
the procedure to be followed by a standards committee as respects a report or recommendation made or referred to it,
d
enabling a standards committee of a relevant authority, following its consideration of any such report or recommendations, to take any action prescribed by the regulations (including action against any member or co-opted member (or former member or co-opted member) of F583a relevant authority who is the subject of any such report or recommendation),
e
the publicity to be given to any such reports, recommendations or action.
3
The provision which may be made by virtue of subsection (2)(a) includes provision for or in connection with—
a
conferring powers on a monitoring officer of a relevant authority to enable him to conduct an investigation in respect of any matters referred to him,
b
conferring rights (including the right to make representations) on any member or co-opted member (or former member or co-opted member) of a relevant authority who is the subject of any such investigation.
4
The provision which may be made by virtue of subsection (2)(d) includes provision for or in connection with—
a
enabling a standards committee of a relevant authority to censure a member or co-opted member (or former member or co-opted member)F584...,
b
enabling a standards committee of a relevant authority to suspend or partially suspend a person from being a member or co-opted member of the authority F585of which they are a member for a limited period,
c
conferring a right of appeal on a member or co-opted member (or former member or co-opted member) of a relevant authority in respect of any action taken against him.
5
Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
F5156
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
74C136 Law of defamation.
For the purposes of the law of defamation, any statement (whether written or oral) made by F51the Public Services Ombudsman for Wales in connection with the exercise of his functions under this Part shall be absolutely privileged.
C136Chapter IV Adjudications
F152The Adjudication Panel for Wales
S. 75 cross-heading substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 56 (with Sch. 5)
I5275F153Adjudication Panel for Wales.
F1561
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
There is to be a panel of persons, known as the Adjudication Panel for Wales or Panel Dyfarnu Cymru, eligible for membership of tribunals drawn from the Panel.
F1573
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1574
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The members of the Adjudication Panel for Wales are to be appointed by the National Assembly for Wales on such terms and conditions as it may determine.
6
The National Assembly for Wales—
a
must appoint one of the members of the Adjudication Panel for Wales as president of the Panel, and
b
may appoint one of those members as deputy president of the Panel.
F1587
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Such members of the Adjudication Panel for Wales as the National Assembly for Wales thinks fit must possess such qualifications as may be determined by the National Assembly for Wales.
F1599
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
The president and deputy president (if any) of the Adjudication Panel for Wales are to be responsible—
a
for training the members of the Panel,
b
for issuing guidance on how tribunals drawn from the Panel are to reach decisions.
F16011
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Case tribunals and interim case tribunals
I5376 Case tribunals and interim case tribunals.
1
2
3
The president of the F170Adjudication Panel for Wales (or in his absence the deputy president) is to appoint the members of any case tribunal or interim case tribunal.
4
5
6
The president or the deputy president of the F175Adjudication Panel for Wales may be a member of a case tribunal or interim case tribunal drawn from the Panel.
7
A member of the F176Adjudication Panel for Wales may not at any time be a member of a case tribunal or interim case tribunal drawn from the Panel which is to adjudicate on a matter relating to a member or co-opted member (or former member or co-opted member) of a relevant authority if, within the period of five years ending with that time, the member of the Panel has been a member or an officer of the authority or a member of any committee, sub-committee, joint committee or joint sub-committee of the authority.
8
A member of the F177Adjudication Panel for Wales who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an adjudication conducted by a case tribunal or interim case tribunal—
a
must disclose the nature of his interest to the president or deputy president of that Panel, and
b
may not be a member of a case tribunal or interim case tribunal which conducts an adjudication in relation to that matter.
9
F1639A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
A person who is a member of an interim case tribunal which, as a result of an investigation under section F178... 69, conducts an adjudication in relation to any person may not be a member of a case tribunal which, on the conclusion of that investigation, subsequently conducts an adjudication in relation to that person.
F17911
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16412
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
The National Assembly for Wales may issue guidance with respect to the composition of case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales.
14
The National Assembly for Wales may incur expenditure for the purpose of providing administrative support to the Adjudication Panel for Wales.
F16515
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adjudications
I5477C136 Adjudications.
1
A person who is the subject of an adjudication conducted by a case tribunal or interim case tribunal may appear before the tribunal in person or be represented by—
a
counsel or a solicitor, or
b
any other person whom he desires to represent him.
F1802
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1803
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The National Assembly for Wales may by regulations make such provision as appears to it to be necessary or expedient with respect to adjudications by case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales.
5
The president of the Adjudication Panel for Wales may, after consultation with the National Assembly for Wales, give directions as to the practice and procedure to be followed by tribunals drawn from the Panel.
6
Regulations under this section may, in particular, include provision—
a
for requiring persons to attend adjudications to give evidence and produce documents and for authorising the administration of oaths to witnesses,
b
for requiring persons to furnish further particulars,
c
for prescribing the procedure to be followed in adjudications, including provision as to the persons entitled to appear and to be heard on behalf of persons giving evidence,
d
for the award of costs or expenses (including provision with respect to interest and provision with respect to the enforcement of any such award),
e
for taxing or otherwise settling any such costs or expenses (and for enabling such costs to be taxed in F566the county court),
f
for the registration and proof of decisions and awards of tribunals.
7
A person who without reasonable excuse fails to comply with any requirement imposed by virtue of subsection (6)(a) or (b) F516... is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
8
In this section any reference to documents includes a reference to information held by means of a computer or in any other electronic form.
I55C10278C136 Decisions of F154F453the First-tier Tribunal or interim case tribunals.
1
F182In adjudicating on any of the matters which are the subject of an interim report, F454the First-tier Tribunal or an interim case tribunal must reach one of the following decisions—
a
that the person to whom the recommendation mentioned in section F46065(3) or 72(3) relates should not be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned,
b
that that person should be suspended or partially suspended from being a member or co-opted member of the F131relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.
F1272
3
If the decision of F184F457the tribunal concernedF457 the interim case tribunal
is as mentioned in subsection (1)(b), the tribunal must give notice to the standards committee of the relevant authority concerned stating that the person concerned is suspended or partially suspended for the period, and in the way, that the tribunal has decided.
3A
The effect of a notice given under subsection (3) is to suspend or partially suspend the person concerned as mentioned in subsection (3).
F2944
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
A decision of an interim case tribunal under this section shall not prevent F52 the Public Services Ombudsman for Wales from continuing with the investigation under section 69 which gave rise to the interim report concerned and producing a report under section 71, or a further interim report under section 72, in respect of any matters which are the subject of the investigation.
6
7
A copy of any notice under this section must be given—
a
to any person who is the subject of the notice, and
b
to the monitoring officer of the relevant authority concerned.
F1298
Where the person concerned is no longer a member or co-opted member of the relevant authority concerned, but is a member or co-opted member of another relevant authority—
a
the references in subsection (1) to the relevant authority concerned are to be treated as references to that other authority,
b
the references in subsections (2) and (7)(b) to the relevant authority concerned are to be treated as including a reference to that other relevant authority,
c
the duty under subsection (3) to give notice to the standards committee of the relevant authority concerned is to be treated as a duty—
i
to give that notice to the standards committee of that other relevant authority, and
ii
to give a copy of that notice to the standards committee of the relevant authority concerned.
8A
Subsection (8) does not apply unless—
a
F461where the relevant authority concerned is in England, the other relevant authority is also in England,
b
F462where the relevant authority concerned is in Wales, the other relevant authority is also in Wales.
9
F1819A
F463Where a person is suspended or partially suspended under this section by a decision of the First-tier Tribunal, the person may appeal to the Upper Tribunal—
a
against the suspension or partial suspension; or
b
against the length of the suspension or partial suspension,
(unless the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007).
9B
F463An appeal may not be brought under subsection (9A) on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007).
9C
F463An appeal may be brought under subsection (9A) only if, on an application made by the person concerned, the First-tier Tribunal or Upper Tribunal has given its permission for the appeal to be brought.
9D
F463In any case where the Upper Tribunal is determining an appeal under subsection (9A), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply.
10
F186Where a person is suspended or partially suspended under this section by a decision of an interim case tribunal, the person may appeal to the High Court—
a
against the suspension or partial suspension, or
b
against the length of the suspension or partial suspension.
F12811
An appeal may not be brought under subsection (10) except with the leave of the High Court.
F51778ADecisions of F155First-tier Tribunal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F51878B Section 78A: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5679C136F132Decisions of case tribunals: Wales.
F133A1
In this section “Welsh case tribunal” means a case tribunal drawn from the Adjudication Panel for Wales.
1
A F137Welsh case tribunal which adjudicates on any matter must decide whether or not any person to which that matter relates has failed to comply with the code of conduct of the relevant authority concerned.
2
Where a F137Welsh case tribunal decides that a person has not failed to comply with the code of conduct of the relevant authority concerned, it must give notice to that effect to the standards committee of the relevant authority concerned.
3
Where a F137Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned, it must decide whether the nature of the failure is such that the person should be suspended or disqualified in accordance with subsection (4).
4
A person may be—
a
suspended or partially suspended from being a member or co-opted member of the relevant authority concerned, or
b
disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority.
5
Where a F137Welsh case tribunal makes such a decision as is mentioned in subsection (4)(a), it must decide the period for which the person should be suspended or partially suspended (which must not exceed one year or, if shorter, the remainder of the person’s term of office).
6
Where a F137Welsh case tribunal makes such a decision as is mentioned in subsection (4)(b), it must decide the period for which the person should be disqualified (which must not exceed five years).
7
Where a F137Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned but should not be suspended or disqualified as mentioned in subsection (4), it must give notice to the standards committee of the relevant authority concerned—
a
stating that the person has failed to comply with that code of conduct, and
b
specifying the details of that failure.
8
Where a F137Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be suspended or partially suspended as mentioned in subsection (4)(a), it must give notice to the standards committee of the relevant authority concerned—
a
stating that the person has failed to comply with that code of conduct,
b
specifying the details of that failure, and
c
stating that the person F135is suspended or partially suspended for the period, and in the way, which the tribunal has decided.
F1369
The effect of a notice given to the standards committee of a relevant authority under subsection (8) is to suspend or partially suspend the person concerned as mentioned in subsection (8)(c).
10
Where a F137Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be disqualified as mentioned in subsection (4)(b), it must give notice to the standards committee of the relevant authority concerned—
a
stating that the person has failed to comply with that code of conduct,
b
specifying the details of that failure, and
c
stating that the person is disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority for the period which the tribunal has decided.
11
The effect of a notice given to the standards committee of a relevant authority under subsection (10) is to disqualify the person concerned as mentioned in subsection (10)(c).
12
A copy of any notice under this section—
F134a
must be given to the Public Services Ombudsman for Wales,
b
must be given to any person who is the subject of the decision to which the notice relates, and
c
must be published in one or more newspapers circulating in the area of the relevant authority concerned.
13
Where the person concerned is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F519...
a
a copy of any notice under subsection (2), (7) or (10) must also be given to the standards committee of that other relevant authority,
F549b
the reference in subsection (4)(a) to the relevant authority concerned is to be treated as a reference to that other relevant authority,
c
the duty to give notice to the standards committee of the relevant authority concerned under subsection (8) is to be treated as a duty—
i
to give that notice to the standards committee of that other relevant authority, and
ii
to give a copy of that notice to the standards committee of the relevant authority concerned,
d
the reference in subsection (12)(c) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.
14
15
Where a F137Welsh case tribunal decides under this section that a person has failed to comply with the code of conduct of the relevant authority concerned, that person may appeal to the High Court against that decision, or any other decision under this section which relates to him.
F55016
An appeal may not be brought under subsection (15) except with the leave of the High Court.
I5780 Recommendations by F520... case tribunals.
1
F187Where F521... a case tribunal has adjudicated on any matter under this Act, it may make recommendations to a relevant authority about any matters relating to—
a
the exercise of the authority’s functions,
b
the authority’s code of conduct, or
c
the authority’s standards committee.
2
F522A case tribunal must send a copy of any recommendations it makes under subsection (1) to the relevant person.
3
A relevant authority to whom recommendations are made under subsection (1) must consider the recommendations and, within a period of three months beginning with the day on which the recommendations are received, prepare a report for the F523Public Services Ombudsman for Wales giving details of what action the authority have taken or are proposing to take as a result of the recommendations.
4
A relevant authority’s function of considering a report under subsection (3) may be discharged only by the authority or by the standards committee of that authority (and accordingly, in the case of a relevant authority to which section 101 of the M30Local Government Act 1972 applies, is not to be a function to which that section applies).
5
If the F524Public Services Ombudsman for Wales is not satisfied with the action the relevant authority have taken or propose to take in relation to the recommendations, the F524Public Services Ombudsman for Wales may require the authority to publish a statement giving details of the recommendations made by the tribunal and of the authority’s reasons for not fully implementing the recommendations.
F5256
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C40C136Chapter V Supplementary
Disclosure and registration of members’ interests etc.
I5881C136 Disclosure and registration of members’ interests etc.
1
The monitoring officer of each relevant authority must establish and maintain a register of interests of the members and co-opted members of the authority.
2
The mandatory provisions of the model code applicable to each relevant authority (“the mandatory provisions”) must require the members and co-opted members of each authority to register in that authority’s register maintained under subsection (1) such financial and other interests as are specified in the mandatory provisions.
3
The mandatory provisions must also—
a
require any member or co-opted member of a relevant authority who has an interest specified in the mandatory provisions under subsection (2) to disclose that interest before taking part in any business of the authority relating to that interest,
b
make provision for preventing or restricting the participation of a member or co-opted member of a relevant authority in any business of the authority to which an interest disclosed under paragraph (a) relates.
4
Any participation by a member or co-opted member of a relevant authority in any business which is prohibited by the mandatory provisions is not a failure to comply with the authority’s code of conduct if the member or co-opted member has acted in accordance with a dispensation from the prohibition granted by the authority’s standards committeeF589, or by the standards committee of another relevant authority, in accordance with regulations made under subsection (5).
5
The F526Welsh Ministers may prescribe in regulations the
F587a
circumstances in which standards committees may grant dispensations under subsection (4),
F588b
procedure to be followed for the granting of dispensations.
6
A relevant authority must ensure that
F590a
copies of the register for the time being maintained by their monitoring officer under this section are available at an office of the authority for inspection by members of the public at all reasonable hours,
F591b
the register mentioned in paragraph (a) is published electronically.
7
As soon as practicable after the establishment by their monitoring officer of a register under this section, a relevant authority must—
a
publish in one or more newspapers circulating in their area a notice which—
i
states that copies of the register are available at an office of the authority for inspection by members of the public at all reasonable hours, and
ii
specifies the address of that office, and
F592iii
states that the register is available to be viewed electronically, and
iv
specifies how to access the electronic version,
F295b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5867A
For the purposes of this section—
a
section 83(13) does not apply, and
b
in relation to a relevant authority which is a community council, the references in this section to a monitoring officer are to be read as references to the proper officer of that council (within the meaning of section 270(3) of the Local Government Act 1972).
F5288
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Code of conduct for local government employees
I5982C40C136 Code of conduct for local government employees.
F5291
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The National Assembly for Wales may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities F530....
3
The power under subsection F531... (2) to issue a code includes power—
a
to issue a separate code for council managers (within the meaning of Part II of this Act), and
b
to revise any code which has been issued.
F5324
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5325
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Before making an order under this section, the National Assembly for Wales must consult—
a
b
the F22Auditor General for Wales, and
c
F32the Public Services Ombudsman for Wales .
7
The terms of appointment or conditions of employment of every qualifying employee of a relevant authority (whether appointed or employed before or after the commencement of this section) are to be deemed to incorporate any code for the time being under this section which is applicable.
8
In this section “qualifying employee”, in relation to a relevant authority, means an employee of the authority other than an employee falling within any description of employee specified in regulations under this subsection.
9
The power to make regulations under subsection (8) is to be exercised—
F534a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F535... by the National Assembly for Wales.
F10Delegation by monitoring officers
S. 82A and cross-heading inserted (18.11.2003) by Local Government Act 2003 (c. 26), ss. 113(2), 128(2)(d)
C13682AC136Monitoring officers: delegation of functions under Part 3
1
2
Where the monitoring officer considers that in a particular case he himself ought not to perform particular functions to which this section applies, those particular functions shall in that case be performed personally by a person nominated for the purpose by the monitoring officer.
3
Where a deputy nominated by the monitoring officer under section 5(7) of the Local Government and Housing Act 1989 (nomination of member of monitoring officer’s staff to act as deputy when monitoring officer absent or ill) considers that in a particular case he himself ought not to perform particular functions—
a
to which this section applies, and
b
which, by reason of the absence or illness of the monitoring officer, would but for this subsection fall to be performed by the deputy,
those particular functions shall, while the monitoring officer continues to be unable to act by reason of absence or illness, be performed in that case personally by a person nominated for the purpose by the deputy.
4
Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is an officer of the relevant authority, the authority shall provide the officer with such staff, accommodation and other resources as are, in the officer’s opinion, sufficient to allow those functions to be performed.
5
Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is not an officer of the relevant authority, the authority shall—
a
pay the person a reasonable fee for performing the functions,
b
reimburse expenses properly incurred by the person in performing the functions, but only to the extent that the amount of the expenses is reasonable, and
c
provide the person with such staff, accommodation and other resources as are reasonably necessary for the person’s performance of the functions.
Interpretation
I6083C136 Interpretation of Part III.
1
In this Part—
F537...
“case tribunal” has the meaning given by section 76(1),
“code of conduct” means a code of conduct under section 51,
“co-opted member” has the meaning given by section 49(7),
“elected mayor” and “elected executive member” have the meaning given by section 39(1) and (4),
F538...
“executive” is to be construed in accordance with section 11,
“executive arrangements” has the meaning given by section 10,
“executive leader” has the meaning given by F98section 11(2A)(a) or (3)(a),
“interim case tribunal” has the meaning given by section 76(2),
F54...
“model code of conduct” is to be construed in accordance with section 50 F540... (2),
F539...
F188...
“relevant authority” has the meaning given by section 49(6).
2
Any reference in this Part to a committee of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to a committee of an executive of the authority.
3
Any reference in this Part to a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to an elected mayor or elected executive member of the authority.
F5414
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Any reference in this Part to a joint committee or joint sub-committee of a relevant authority is a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.
6
Any reference in this Part to a failure to comply with a relevant authority’s code of conduct includes a reference to a failure to comply with the mandatory provisions which apply to the members or co-opted members of the authority by virtue of section 51(5)(b).
7
Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.
8
The reference in subsection (7) to particular functions or particular responsibilities as a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to particular functions or particular responsibilities as a member of an executive of the authority.
9
A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, but this subsection does not apply to a person who is partially suspended under this Part.
F6109A
A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any strategic planning panel in relation to which that authority is a constituent local planning authority, but this subsection does not apply to a person who is partially suspended under this Part.
10
A person who is suspended under this Part from being a member of a relevant authority to which Part II of this Act applies shall also be suspended, if he is a member of an executive of the authority, from being such a member; but this subsection does not apply to a person who is partially suspended under this Part.
11
A person who is disqualified under this Part for being or becoming a member of a relevant authority shall also be disqualified—
a
for being or becoming a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, and
b
if the authority is one to which Part II of this Act applies, for being or becoming a member of an executive of the authority.
F54212
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a community council is to be exercisable by or in relation to the monitoring officer of the county council or county borough council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly.
14
Any functions which are conferred by virtue of this Part on a relevant authority to which Part II of this Act applies are not to be the responsibility of an executive of the authority under executive arrangements.
F54315
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54316
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV Elections
84 Meaning of “local authority” and “principal council” in Part IV.
1
In relation to England—
“local authority” means a principal council or a parish council,
“principal council” means a county council, a district council or a London borough council.
2
In relation to Wales—
“local authority” means a principal council or a community council,
“principal council” means a county council or a county borough council.
3
This section applies for the purposes of this Part.
85 Options for elections.
1
For the purposes of this Part the three options for the scheme for the ordinary elections of councillors of a principal council are those set out in this section.
2
The first option is for a scheme under which—
a
the term of office of councillors is four years,
b
the elections are held in a given year and every fourth year after it,
c
all the councillors are elected in each year in which the elections are held, and
d
the councillors retire together.
3
The second option is for a scheme under which—
a
the term of office of councillors is four years,
b
the elections are held in a given year and every second year after it,
c
one half (or as nearly as may be) of the councillors are elected in each year in which the elections are held, and
d
one half (or as nearly as may be) of the councillors retire in each year in which the elections are held.
4
The third option is for a scheme under which—
a
the term of office of councillors is four years,
b
the elections are held in a given year and every year after it other than every third year after it,
c
one third (or as nearly as may be) of the councillors are elected in each year in which the elections are held, and
d
one third (or as nearly as may be) of the councillors retire in each year in which the elections are held.
86 Power to specify a scheme for elections.
F99A1
The Secretary of State may by order make provision to secure that the scheme for the ordinary elections of councillors of any specified council in England is the scheme under the first option set out in section 85.
1
The Secretary of State may by order make provision to secure that the scheme for the ordinary elections of councillors of any specified council F100in Wales is the scheme under such of the options set out in section 85 as is specified in the order.
2
A council is specified if it is—
a
a principal council (or one of the principal councils) specified by name in the order, or
b
a principal council falling within any description of principal council specified in the order.
3
An order may make provision in relation to a council if the scheme specified in the order is different from the scheme which prevails (whether by virtue of an earlier order under this section or otherwise) for the ordinary elections of its councillors.
4
An order may include provision specifying the years in which the ordinary elections are to be held.
5
In a case where the specified scheme is that under the second or third option, an order may include provision for identifying which councillors are to retire in a particular year, and such provision may include—
a
provision for identifying the electoral divisions or wards affected,
b
provision for identifying the councillors affected within particular electoral divisions or wards.
6
Provision under subsection (5) may include—
a
provision allowing the Secretary of State to direct councils to propose methods (complying with any guidance he may issue) for identifying electoral divisions, wards or councillors,
b
provision allowing him to give directions as to the methods to be adopted (whether those proposed or otherwise).
7
An order may include provision designed to secure the transition from a prevailing scheme to the one specified in the order, and such provision may include—
a
provision to secure the retirement of existing councillors at times different from those applying under a prevailing scheme,
b
in a case where the specified scheme is that under the second or third option, provision for the initial election of all the councillors, for the retirement of some of them before the end of the normal term of four years, and for identifying which of them are so to retire.
87 Power to change years in which elections held.
1
The Secretary of State may by order make provision which changes the years in which the ordinary elections of councillors of any specified local authority are to be held but which does not change the scheme which prevails (whether by virtue of an order under section 86 or otherwise) for the ordinary elections of those councillors.
2
A local authority is specified if it is—
a
a local authority (or one of the local authorities) specified by name in the order, or
b
a local authority falling within any class or description of local authority specified in the order.
3
An order may include provision to secure the retirement of existing councillors at times different from those at which they would otherwise retire.
88 Separate power to make incidental provisions etc.
1
If the Secretary of State makes an order under section 86 or 87 he may make a separate order containing such incidental, consequential, transitional or supplemental provision as could have been included in the order made under that section.
2
This applies whether or not the order under section 86 or 87 itself includes incidental, consequential, transitional or supplemental provision.
89 Consequential electoral changes.
1
The M31Local Government Act 1992 is amended as mentioned in subsections (2) and (3).
F1892
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1893
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In section 6(2)(a) of the M32Local Government Act 1972 (electoral division of non-metropolitan county to return one councillor) after “Act” insert “
and subject to sections 14(8) and 17(7) of the Local Government Act 1992
”
.
Part V Miscellaneous
Surcharge etc.
I6190 Surcharge etc.
1
The M33Audit Commission Act 1998 is amended as follows.
2
In section 17 (declaration that item of account is unlawful)—
a
subsection (1)(b),
b
in subsection (2), the words “subject to subsection (3)” and paragraphs (a) and (b), and
c
subsections (3), (5)(b), (7) and (8),
are omitted.
3
Section 18 (recovery of amount not accounted for etc.) is omitted.
I6291 Advisory notices.
F5681
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Sections 20 to 23 of the M34Audit Commission Act 1998 (prohibition orders) cease to have effect.
Maladministration etc.
C17I6392 Payments in cases of maladministration etc.
1
Where a relevant authority consider—
a
that action taken by or on behalf of the authority in the exercise of their functions amounts to, or may amount to, maladministration, and
b
that a person has been, or may have been, adversely affected by that action,
the authority may, if they think appropriate, make a payment to, or provide some other benefit for, that person.
2
Any function which is conferred on the Greater London Authority under this section is to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.
3
In this section—
“action” includes failure to act,
“relevant authority” has the same meaning as in Part III of this Act.
Welfare services
I6493 Grants for welfare services.
1
The Secretary of State may, with the consent of the Treasury, pay grants to local authorities in England towards expenditure incurred by them
F4a
in providing, or contributing to the provision of, such welfare services as may be determined by the Secretary of State, or
b
in connection with any such welfare services.
2
The National Assembly for Wales may pay grants to local authorities in Wales towards expenditure incurred by them
F5a
in providing, or contributing to the provision of, such welfare services as may be determined by the Assembly, or
b
in connection with any such welfare services.
3
The amount of any grants under this section and the manner of their payment are to be such as may be determined by the Secretary of State or the Assembly (as the case may be).
4
Grants under this section may be paid—
a
to all local authorities,
b
to particular local authorities, or
c
to particular descriptions of local authority (including descriptions framed by reference to authorities in particular areas).
5
Grants under this section may be paid on such terms and conditions as the Secretary of State or, as the case may be, the Assembly may determine; and nothing in subsection (6) affects the generality of this subsection.
6
Those terms and conditions may include provision as to the circumstances in which the whole or any part of a grant under this section must be repaid to the Secretary of State or the Assembly.
F66A
Before making any determination under subsection (3) or (5) the Secretary of State must obtain the consent of the Treasury.
7
A local authority must supply the Secretary of State or, as the case may be, the Assembly with such information as he or it may require for the purposes of this section.
8
A local authority must have regard to any guidance for the time being issued by the Secretary of State or, as the case may be, the Assembly with respect to the administration and application of grants under this section which are paid to them.
9
A local authority must comply with any directions for the time being given by the Secretary of State or, as the case may be, the Assembly with respect to the administration and application of grants under this section which are paid to them.
10
Any determination, guidance or directions under this section may make different provision in relation to different local authorities or descriptions of local authority (including descriptions framed by reference to authorities in particular areas).
11
Before making any determination, issuing any guidance or giving any directions under this section relating to all local authorities in England or Wales or any description of such authorities, the Secretary of State or (as the case may be) the National Assembly for Wales must consult—
a
such local authorities or representatives of local authorities as appear to him or it to be appropriate,
b
such recipients, or representatives of recipients, of welfare services as appear to him or it to be appropriate, and
c
such providers, or representatives of providers, of welfare services as appear to him or it to be appropriate.
12
In this section—
“local authority” means—
- a
in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly,
- b
in relation to Wales, a county council or a county borough council,
- a
“welfare services” includes services which provide support, assistance, advice or counselling to individuals with particular needs.
F124I65C33C3794 Disclosure of information.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F125I6695 Unauthorised disclosure of information.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
96 Housing benefit.
1
Section 130 of the M35Social Security Contributions and Benefits Act 1992 (housing benefit) is amended as follows.
2
At the end of subsection (2) there is inserted—
but this subsection is subject to subsection (2A).
2A
Except to the extent that regulations otherwise provide, payments in respect of services which provide support, assistance, advice or counselling to individuals with particular needs are not “payments in respect of a dwelling” for the purposes of subsection (1).
3
After subsection (4) there is inserted—
4A
Regulations under subsection (2A) above may make provision with respect to particular areas, particular authorities or particular descriptions of authority.
Access to information
I6797 Background papers.
1
In section 100D of the M36Local Government Act 1972 (inspection of background papers) for subsection (1) there is substituted—
1
Subject, in the case of section 100C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a principal council are required by section 100B(1) or 100C(1) above to be open to inspection by members of the public—
a
those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and
b
at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the council.
2
In subsection (2) the words “of the list, or” are omitted.
I6898 Meetings and documents: notice etc.
1
In section 100K of the M37Local Government Act 1972 (interpretation and application of Part VA), after subsection (2) there is inserted—
3
The Secretary of State may by order amend sections 100A(6)(a) and 100B(3) and (4)(a) above so as to substitute for each reference to three clear days such greater number of days as may be specified in the order.
4
Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2
In Schedule 12 to that Act (meetings and proceedings of local authorities), after paragraph 4 there is inserted—
4A
1
The Secretary of State may by order amend paragraph 4(2) above so as to substitute for the reference to three clear days such greater number of days as may be specified in the order.
2
Any statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Allowances and pensions
I6999 Allowances and pensions for certain local authority members.
1
The provision which may be made by regulations under section 7 of the M38Superannuation Act 1972 (superannuation of persons employed in local government service etc) includes provision for or in connection with the provision of pensions, allowances or gratuities to or in respect of such members of a local authority as may be prescribed by the regulations F324; and for the purposes of the application of this subsection to Wales, the reference to pensions and allowances is to be ignored..
2
In subsection (1) “local authority” has the same meaning as in Part II of this Act.
3
Section 18 of the M39Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances for local authority members) is amended as follows.
4
At the beginning of subsection (1) there is inserted “
Subject to subsection (1A),
”
and after that subsection there is inserted—
1A
In relation to a district council, county council, county borough council or London borough council, subsection (1) above shall have effect with the omission of paragraph (b).
5
After subsection (2) there is inserted—
2A
Regulations under this section may authorise or require a scheme made by a district council, county council, county borough council or London borough council to include provision for the payment to members of the council of allowances in respect of such expenses of arranging for the care of children or dependants as are necessarily incurred in the carrying out of their duties as members.
6
In subsection (3), for “and (2)” there is substituted “
to (2A)
”
.
7
After subsection (3) there is inserted—
3A
Regulations under this section may make provision for or in connection with—
a
enabling district councils, county councils, county borough councils or London borough councils to determine which members of the council are to be entitled to pensions, allowances or gratuities,
b
treating the basic allowance or the special responsibility allowance as amounts in respect of which such pensions, allowances or gratuities are payable.
3B
Regulations under this section may make provision for or in connection with requiring a district council, county council, county borough council or London borough council to establish and maintain a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of the council.
3C
Regulations under this section may make provision for or in connection with enabling a panel established by a body specified in the regulations to exercise such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of such district councils, county councils or London borough councils in England as may be specified in the regulations.
3D
Regulations under this section may make provision for or in connection with the establishment by the National Assembly for Wales on a permanent or temporary basis of a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of county councils and county borough councils in Wales.
3E
Regulations under subsection (3B) above may include provision—
a
with respect to the number of persons who may or must be appointed to the panel of a council,
b
with respect to the persons who may or must be appointed to the panel of a council,
c
for or in connection with the appointment by councils of joint panels.
3F
Regulations under subsection (3C) may include provision—
a
with respect to the number of persons who may or must be appointed to a panel mentioned in that subsection,
b
with respect to the persons who may or must be appointed to such a panel.
3G
Regulations under subsection (3B), (3C) or (3D) may include provision—
a
for or in connection with enabling a panel mentioned in that subsection to make recommendations to a council on the level of allowances payable to members of the council,
b
for or in connection with enabling such a panel to make recommendations to a council as to which members of the council are to be entitled to pensions, allowances or gratuities,
c
which permits different recommendations to be made in relation to different councils or descriptions of council.
8
In subsection (4), for the word “and” at the end of paragraph (b) there is substituted—
ba
make provision with respect to the amendment, revocation or replacement of a scheme made by a relevant authority under the regulations; and
9
After subsection (5) there is inserted—
5A
In making or operating any scheme authorised or required by regulations under this section, a district council, county council, county borough council or London borough council shall have regard to any guidance for the time being issued by the Secretary of State.
F325100 Power to make provision about allowances.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Indemnification of members and officers of relevant authorities
I70C77C86C135C138101 Indemnification of members and officers of relevant authorities.
1
The Secretary of State may by order make provision for or in connection with conferring power on relevant authorities in England F546... to provide indemnities to some or all of their members and officers.
2
The National Assembly for Wales may by order make provision for or in connection with conferring power on relevant authorities in Wales F547... to provide indemnities to some or all of their members and officers.
3
An order under this section may apply—
a
to all relevant authorities, or
b
to any particular description of relevant authority.
4
Before making an order under this section, the Secretary of State or (as the case may be) the National Assembly for Wales must consult—
a
such representatives of relevant authorities,
b
such representatives of employees of relevant authorities, and
c
such other persons,
as he or it considers appropriate.
5
In this section—
“member”, in relation to a relevant authority, includes—
- i
a member of any committee or sub-committee of the authority, or
- ii
a person who is a member of, and represents the authority on, any joint committee or sub-committee,
- i
F548“relevant authority” has the same meaning as in Part III of this Act.
Social services functions
I71102 Social services functions.
F331
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Section 6(5) of F34the Local Authority Social Services Act 1970 (social services director not to discharge non-social services functions without approval of Secretary of State) ceases to have effect.
3
After section 1 of that Act there is inserted the following section—
1A Meaning of “social services functions”.
For the purposes of this Act the social services functions of a local authority are—
a
their functions under the enactments specified in the first column of Schedule 1 to this Act (being the functions which are described in general terms in the second column of that Schedule), and
b
such other of their functions as the Secretary of State may designate by an order made under this section.
Recoupment by local authorities of cost of providing day care
I72103 Recoupment by local authorities of cost of providing day care.
1
In subsection (3) of section 29 of the M40Children Act 1989 (recoupment of cost of providing services etc.), after “subsection (1)” there is inserted “
for a service provided under section 17 or section 18(1) or (5)
”
.
2
After that subsection there is inserted—
3A
No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 or of an income-based jobseeker’s allowance.
Prohibition on promoting homosexuality: bullying
F11104 Prohibition on promoting homosexuality: bullying.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VI Supplemental
105 Orders and regulations.
1
Any power to make an order or regulations under this Act is exercisable by statutory instrument.
2
Any order or regulations under this Act—
a
may contain such incidental, consequential, transitional or supplemental provision or savings as the Secretary of State considers necessary or expedient,
b
may make different provision for different cases, authorities or descriptions of authority.
F5632A
3
The provision which may be made under subsection (2) includes provision modifying any enactment (whenever passed or made).
4
The power under subsection (3) to modify an enactment is a power—
a
to apply that enactment with or without modifications,
b
to extend, disapply or amend that enactment, or
c
to repeal or revoke that enactment with or without savings.
5
Subject to subsections (6) and (7), a statutory instrument which contains an order or regulations under this Act is to be subject to annulment in pursuance of a resolution of either House of Parliament.
6
F16Subject to subsection (6A), a statutory instrument which contains an order under section 3(3), 5, 6, F2179N F544... or 101, or regulations under F218 section 9BA, 9HE, 9MG or 44, is not to be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
F176A
Subsection (6) does not apply to a statutory instrument which contains an order under section 3(3), 5 or 6 if the order is made only for the purpose of amending an earlier such order—
a
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
b
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.
7
Subsection (5) does not apply to a statutory instrument which contains an order under section 108.
F2167A
If a draft of a statutory instrument containing an order under section 9N would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.
8
In this section “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the M41Interpretation Act 1978).
106 Wales.
1
In their application to Wales—
F435a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
Part IV, and
c
section 105(2),
have effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.
2
Section 105(5) to (7) does not apply to an order or regulations under this Act which is made by the National Assembly for Wales.
3
Any reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an Act which is amended by this Act is to be treated as referring to that Act as amended by this Act.
4
Subsection (3) does not affect the power to make further Orders varying or omitting that reference.
F3265
The power of the Welsh Ministers to make an order under section 21A(13)(b) or section 21G F594or regulations under section 53(11) or 54(5) is exercisable by statutory instrument.
6
A statutory instrument which contains an order made by the Welsh Ministers under section 21A(13)(b) F595or regulations made under section 53(11) or (subject to subsection (6A)) section 54(5) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
F5936A
Where a statutory instrument contains regulations made under section 54(5) which include provision adding to, replacing or omitting any part of the text of an Act of Parliament or a Measure or Act of the National Assembly for Wales, the instrument may not be made unless a draft of it has been laid before, and approved by a resolution of, the National Assembly for Wales.
7
A statutory instrument which contains an order under section 21G may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
I73I133107 Minor and consequential amendments and repeals.
1
Schedule 5 (minor and consequential amendments) has effect.
2
The repeals set out in Schedule 6 have effect.
108 Commencement.
1
This section and sections 105, 106 and 109 come into force on the day on which this Act is passed.
2
The following provisions of this Act—
a
Part IV,
b
section 104, and
c
in Schedule 6, the repeal of paragraph 63 of Schedule 37 to the M42Education Act 1996,
come into force at the end of the period of two months beginning with the day on which this Act is passed.
P13
The following provisions of this Act—
a
section 90, 91, and 93 to 96,
b
in Schedule 5, paragraphs 8, 12, 13, 15, 25, 26 and 34,
c
in Schedule 6, the repeal—
i
in section 80(1)(e) of the M43Local Government Act 1972,
ii
of sections 94 to 98 and 105 of that Act,
iii
in section 265A(1)(b) of that Act,
iv
v
of sections 19, 31 and 32(1) of the M48Local Government and Housing Act 1989,
vi
in Schedule 11 to that Act,
vii
of the provisions of the M49Local Government Finance Act 1992, the M50Local Government (Wales) Act 1994, the M51Police and Magistrates’ Courts Act 1994, the Environment Act 1995, the M52Police M53 Act 1996, the Police Act 1997, the M54Audit M55 Commission Act 1998 and the M56Greater London Authority Act 1999 specified in Schedule 6,
come into force on such day as the Secretary of State may by order appoint.
4
Subject to subsections (5) and (6), the remaining provisions of this Act come into force at the end of the period of 12 months beginning with the day on which this Act is passed.
P25
The Secretary of State may by order provide—
a
for paragraphs 17 and 18 of Schedule 4 to come into force before the time appointed by subsection (4),
b
for paragraph 28 of Schedule 5 to come into force before the time appointed by that subsection,
c
for any of the provisions of Part III of this Act so far as they relate to police authorities in Wales to come into force before the time appointed by that subsection, or
P3d
for any of the other provisions mentioned in that subsection to come into force in relation to England before the time appointed by that subsection.
P46
The National Assembly for Wales may by order provide—
a
for paragraph 28 of Schedule 5 to come into force before the time appointed by subsection (4), or
b
for any of the other provisions mentioned in that subsection to come into force in relation to Wales before the time appointed by that subsection.
P2P17
An order under subsection (3), (5) or (6) may appoint different days for different purposes.
109 Short title and extent.
1
This Act may be cited as the Local Government Act 2000.
2
Subject to subsections (3) and (4), this Act extends to England and Wales only.
3
Sections 94 to 96, 105 and 108 extend also to Scotland.
4
This section, paragraphs 17 and 18 of Schedule 4 and paragraph 28 of Schedule 5 extend also to Scotland and Northern Ireland.
SCHEDULES
F340SCHEDULE A1Executive arrangements in England: further provision
Sch. A1 inserted (3.12.2011 for specified purposes, 9.3.2012 for the insertion of Sch. A1 paras. 1, 5 so far as not already in force, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 2; S.I. 2011/2896, art. 2(e); S.I. 2012/628, art. 2(a); S.I. 2012/1008, art. 4(b)
Mayor and cabinet executives
1
1
This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and cabinet executive.
2
Subject to section 9C(5), the executive arrangements must include provision which enables the elected mayor to determine the number of councillors who may be appointed to the executive under section 9C(2)(b).
3
The executive arrangements must include provision which requires the elected mayor to appoint one of the members of the executive to be the elected mayor's deputy (referred to in this paragraph as the deputy mayor).
4
Subject to sub-paragraph (5), the person who is appointed deputy mayor, unless the person resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
5
The elected mayor may, if the elected mayor thinks fit, remove the deputy mayor from office.
6
Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person to be deputy mayor.
7
If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in the elected mayor's place.
8
If for any reason—
a
the elected mayor is unable to act or the office of elected mayor is vacant, and
b
the deputy mayor is unable to act or the office of deputy mayor is vacant,
the executive must act in the elected mayor's place or must arrange for a member of the executive to act in the elected mayor's place.
Leader and cabinet executives (England)
2
1
This paragraph applies in relation to executive arrangements by a local authority which provide for a leader and cabinet executive (England).
2
Subject to section 9C(5), the executive arrangements must include provision which enables the executive leader to determine the number of councillors who may be appointed to the executive under section 9C(3)(b).
3
The executive arrangements must include provision which requires the executive leader to appoint one of the members of the executive to be the executive leader's deputy (referred to in this paragraph as the deputy executive leader).
4
Subject to sub-paragraph (5), the person who is appointed deputy executive leader, unless the person resigns as deputy executive leader or ceases to be a member of the authority, is to hold office until the end of any term of office of the executive leader (where the executive arrangements provide for such a term).
5
The executive leader may, if the executive leader thinks fit, remove the deputy executive leader from office.
6
Where a vacancy occurs in the office of deputy executive leader, the executive leader must appoint another person to be deputy executive leader.
7
If for any reason the executive leader is unable to act or the office of executive leader is vacant, the deputy executive leader must act in the executive leader's place.
8
If for any reason—
a
the executive leader is unable to act or the office of executive leader is vacant, and
b
the deputy executive leader is unable to act or the office of deputy executive leader is vacant,
the executive must act in the executive leader's place or must arrange for a member of the executive to act in the executive leader's place.
Procedure
3
Executive arrangements by a local authority may include provision with respect to—
a
the quorum, proceedings and location of meetings of the executive,
b
the appointment of committees of the executive, and
c
the quorum, proceedings and location of meetings of committees of the executive.
Meetings of executives and executive committees
4
A member of a local authority who is not a member of the authority's executive is entitled to attend, and speak at, a meeting of the executive, or of a committee of the executive, which is held in private only if invited to do so.
Mayor's assistant
5
1
The Secretary of State may by regulations make provision for or in connection with the appointment of a person (an “assistant”) to provide assistance to an elected mayor.
2
Regulations under this paragraph may, in particular, include provision with respect to the terms and conditions of appointment of an assistant.
Overview and scrutiny committees: education functions
6
1
In paragraphs 7 and 8 “relevant authority” means a local authority which has education functions.
2
Paragraphs 7 and 8 apply to an overview and scrutiny committee of a relevant authority if the committee's functions under section 9F relate wholly or partly to any education functions which are the responsibility of the authority's executive.
3
Paragraph 7 and 8 also apply to a sub-committee of an overview and scrutiny committee of a relevant authority if the sub-committee's functions under section 9FA relate wholly or partly to any education functions which are the responsibility of the authority's executive.
7
1
In the case of a relevant authority that maintains one or more Church of England schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.
2
A person is a qualifying person for the purposes of sub-paragraph (1) if the person is nominated by the Diocesan Board of Education for any Church of England diocese which falls wholly or partly in the authority concerned's area.
3
In the case of a relevant authority that maintains one or more Roman Catholic Church schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.
4
A person is a qualifying person for the purposes of sub-paragraph (3) if the person is nominated by the bishop of any Roman Catholic diocese which falls wholly or partly in the authority concerned's area.
5
A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (1) or (3) is to be entitled to vote at a meeting of the committee or sub-committee on any question—
a
which relates to any education functions which are the responsibility of the authority concerned's executive, and
b
which falls to be decided at the meeting.
6
The Secretary of State may by directions to a relevant authority require any of the authority's overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for the foundation or voluntary schools maintained by the authority which are not Church of England schools or Roman Catholic Church schools but which are specified in the directions.
7
Directions under sub-paragraph (6) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
8
1
The Secretary of State may by regulations require an overview and scrutiny committee or sub-committee to which this paragraph applies to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools which are maintained by the relevant authority concerned.
2
Regulations under this paragraph may make provision for—
a
the number of persons who are to be elected in the case of any relevant authority,
b
the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election,
c
the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected,
d
the term of office of persons so elected and their voting rights,
e
the application to any such committee or sub-committee, with or without any modification, of any enactment (whenever passed or made) relating to committees or (as the case may be) sub-committees of a local authority,
f
such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.
3
Regulations under this paragraph may also make provision—
a
enabling the Secretary of State to determine, where the Secretary of State considers it expedient to do so in view of the small number of maintained schools which are maintained by a relevant authority, that the requirement imposed on the committee or sub-committee by virtue of sub-paragraph (1) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools,
b
for any regulations under this paragraph to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.
9
The following provisions of the Education Act 1996, namely—
a
section 496 (powers of Secretary of State to require duties under that Act to be exercised reasonably), and
b
section 497 (powers of Secretary of State where local authorities etc are in default),
are to apply to the performance of any duty imposed on a local authority by virtue of paragraphs 6 to 8 as they apply to the performance by a local authority of a duty imposed by that Act.
10
1
Except for the expression “local authority”, expressions used in paragraphs 6 to 9 and the School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act.
2
In paragraphs 6 and 7 “education functions” has the meaning given by section 579(1) of the Education Act 1996.
Overview and scrutiny committees: voting rights of co-opted members
C12911
1
A local authority may permit a co-opted member of an overview and scrutiny committee of the authority to vote at meetings of the committee.
2
Permission under sub-paragraph (1) may only be given in accordance with a scheme made by the local authority.
3
A scheme for the purposes of this paragraph may include—
a
provision for a maximum or minimum in relation to the number of co-opted members of an overview and scrutiny committee entitled to vote at meetings of the committee, and
b
provision for giving effect to any maximum or minimum established under paragraph (a).
4
The power to make a scheme for the purposes of this paragraph includes power to vary or revoke such a scheme.
5
In this paragraph, references to a co-opted member, in relation to an overview and scrutiny committee of a local authority, are to a member of the committee who is not a member of the authority.
C129C13412
1
The Secretary of State may by regulations make provision about the exercise of the powers under paragraph 11.
2
Regulations under sub-paragraph (1) may, in particular, require schemes for the purposes of paragraph 11 (“voting rights schemes”)—
a
to provide for permission to be given only by means of approving a proposal by the committee concerned;
b
to provide for a proposal for the purposes of the scheme (“a scheme proposal”) to specify—
i
the person to whom the proposal relates,
ii
the questions on which it is proposed the person should be entitled to vote, and
iii
the proposed duration of the person's entitlement to vote,
and to include such other provision about the form and content of such a proposal as the regulations may provide;
c
to provide for a scheme proposal to be made only in accordance with a published statement of the policy of the committee concerned about the making of such proposals;
d
to include such provision about the procedure to be followed in relation to the approval of scheme proposals as the regulations may provide.
3
Regulations under sub-paragraph (1) may include provision for the notification to the Secretary of State by local authorities of the making, variation or revocation of voting rights schemes.
4
The Secretary of State may by direction require a local authority to vary a voting rights scheme.
C12913
1
A local authority which makes a scheme for the purposes of paragraph 11 must, while the scheme is in force, make copies of it available at its principal office at all reasonable hours for inspection by members of the public.
2
If a local authority makes a scheme for the purposes of paragraph 11, or varies or revokes such a scheme, it must as soon as reasonably practicable after doing so publish in one or more newspapers circulating in its area a notice which complies with this paragraph.
3
In the case of the making of a scheme, the notice under sub-paragraph (2) must—
a
record the making of the scheme,
b
describe what it does,
c
state that copies of it are available for inspection at the principal office of the local authority, and
d
specify—
i
the address of that office, and
ii
the times when the scheme is available for inspection there.
4
In the case of the variation of a scheme, the notice under sub-paragraph (2) must—
a
record the variation,
b
describe what it does,
c
state that copies of the scheme as varied are available for inspection at the principal office of the local authority, and
d
specify—
i
the address of that office, and
ii
the times when the scheme is available for inspection there.
5
In the case of the revocation of a scheme, the notice under sub-paragraph (2) must record the revocation.
SCHEDULE 1 Executive arrangements F345in Wales: further provision
Words in Sch. 1 heading inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(1)(2); S.I. 2012/1008, art. 4(b)
Mayor and cabinet executives
I741
1
This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and cabinet executive.
2
Subject to section 11(8), the executive arrangements must include provision which enables the elected mayor to determine the number of councillors who may be appointed to the executive under section 11(2)(b).
3
The executive arrangements must include provision which requires the elected mayor to appoint one of the members of the executive to be his deputy (referred to in this paragraph as the deputy mayor).
4
Subject to sub-paragraph (5), the deputy mayor, unless he resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
5
The elected mayor may, if he thinks fit, remove the deputy mayor from office.
6
Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person in his place.
7
If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in his place.
8
If for any reason—
a
the elected mayor is unable to act or the office of elected mayor is vacant, and
b
the deputy mayor is unable to act or the office of deputy mayor is vacant,
the executive must act in the elected mayor’s place or must arrange for a member of the executive to act in his place.
9
F436 The deputy mayor is entitled to the style of “dirprwy faer”.
F347...
Sch. 1 para. 1A and cross-heading repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(4), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)
F3471A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F58Leader and cabinet executives (Wales)
Sch. 1 para. 2 heading substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 29(1)
I752
1
This paragraph applies in relation to executive arrangements by a local authority which provide for a F101leader and cabinet executive (Wales).
2
The executive arrangements may include provision with respect to—
a
the election and term of office of the executive leader, and
b
the appointment and term of office of members of the executive appointed under section 11(3)(b)(ii).
3
Subject to section 11(8), the executive arrangements must include provision which either—
a
enables the authority to determine the number of councillors who may be appointed to the executive under section 11(3)(b), or
b
enables the executive leader to determine the number of councillors who may be so appointed.
4
Mayor and council manager executives
I763
F2151
This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and council manager executive.
2
The executive arrangements may include provision with respect to the appointment and term of office of the council manager.
3
The executive arrangements must include provision which requires the elected mayor to appoint a member of the authority to be his deputy (referred to in this paragraph as the deputy mayor).
4
The deputy mayor may not be—
a
the chairman or vice-chairman of the authority, nor
b
a member of an overview and scrutiny committee of the authority.
5
Subject to sub-paragraph (6), the deputy mayor, unless he resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
6
The elected mayor may, if he thinks fit, remove the deputy mayor from office.
7
Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person in his place.
8
If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in his place.
9
If for any reason—
a
the elected mayor is unable to act or the office of elected mayor is vacant, and
b
the deputy mayor is unable to act or the office of deputy mayor is vacant,
the council manager must act in the elected mayor’s place.
10
Subject to F7sub-paragraphs (11) and (12A), the council manager—
a
is entitled to attend, and speak at, meetings of the authority or any committee or sub-committee of the authority, but
b
is not entitled to vote at such meetings.
11
The council manager is entitled to attend, and speak at, meetings of an overview and scrutiny committee or sub-committee of the authority only if invited or required to do so by the committee or sub-committee.
12
The reference in sub-paragraph (10) to a committee or sub-committee of the authority includes a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.
F812A
The council manager of a local authority is entitled to vote at a meeting of a joint committee, or sub-committee of such a committee, if—
a
that joint committee or sub-committee has been appointed for the purpose of discharging functions which, as respects that local authority, are the responsibility of the executive of the local authority; and
b
the council manager is a member of that joint committee or sub-committee.
13
The council manager—
a
is to be regarded for the purposes of Part I of the M58Local Government and Housing Act 1989 as holding a politically restricted post under the authority,
b
may not also be the person who under section 151 of the M59Local Government Act 1972 has responsibility for the administration of the financial affairs of the authority, and
c
may not also be the person who is responsible for performing the duties of the authority’s monitoring officer under section 5 of the M60Local Government and Housing Act 1989.
14
The executive arrangements may include provision for the appointment by the elected mayor of one or more committees to advise the executive.
15
The membership of any such committee as is mentioned in sub-paragraph (14) need not be determined in accordance with the political balance requirements.
16
In the case of a local authority in Wales, the deputy mayor is entitled to the style of “dirprwy faer”.
Procedure
I774
Executive arrangements by a local authority may include provision with respect to—
a
the quorum, proceedings and location of meetings of the executive,
b
the appointment of committees of the executive, and
c
the quorum, proceedings and location of meetings of committees of the executive.
Meetings of executives and executive committees
I785
A member of a local authority who is not a member of the authority’s executive is entitled to attend, and speak at, a meeting of the executive, or of a committee of the executive, which is held in private only if invited to do so.
Mayor’s assistant
I796
1
The F437Welsh Ministers may by regulations make provision for or in connection with the appointment of a person (an “assistant”) to provide assistance to an elected mayor.
2
Regulations under this paragraph may include provision with respect to the terms and conditions of appointment of an assistant.
3
Nothing in sub-paragraph (2) affects the generality of the power under sub-paragraph (1).
Overview and scrutiny committees: education functions
F4387
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I808
1
2
This paragraph applies to an overview and scrutiny committee of a relevant F441... authority if the committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
3
This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant F442... authority if the sub-committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
4
An overview and scrutiny committee or sub-committee to which this paragraph applies must include one or more persons appointed as representatives of the persons who appoint foundation governors for the maintained schools which are maintained by the authority concerned and which are specified in directions made by the F444Welsh Ministers as schools which have a character connected with a particular religion, or particular religious denomination, specified in the directions.
5
Sub-paragraph (4) does not apply if there are no maintained schools which are maintained by the authority concerned and which are specified in directions under that sub-paragraph.
6
A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (4) is to be entitled to vote at a meeting of the committee or sub-committee on any question—
a
which relates to any education functions which are the responsibility of the authority concerned’s executive, and
b
which falls to be decided at the meeting.
7
The F445Welsh Ministers may by directions to a relevant F443... authority require any of the authority’s overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for such of the maintained schools which are maintained by the authority concerned and which are not specified in directions under sub-paragraph (4) as may be specified in directions under this sub-paragraph.
8
Directions under sub-paragraph (7) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
I819
1
In this paragraph “relevant authority” means a local authority F192which has education functions.
2
This paragraph applies to an overview and scrutiny committee of a relevant authority if the committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
3
This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant authority if the sub-committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
4
The F446Welsh Ministers may by regulations require an overview and scrutiny committee or sub-committee to which this paragraph applies to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools which are maintained by the relevant authority concerned.
5
Regulations under this paragraph may make provision for—
a
the number of persons who are to be elected in the case of any relevant authority,
b
the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election,
c
the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected,
d
the term of office of persons so elected and their voting rights,
e
the application to any such committee or sub-committee, with or without any modification, of any enactment (whenever passed or made) relating to committees or (as the case may be) sub-committees of a local authority,
f
such other matters connected with such elections or persons so elected as the F447Welsh Ministers consider appropriate.
6
Regulations under this paragraph may also make provision—
a
enabling the F448Welsh Ministers to determine, where F449they consider it expedient to do so in view of the small number of maintained schools which are maintained by a relevant authority, that the requirement imposed on the committee or sub-committee by virtue of sub-paragraph (4) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools,
b
for any regulations under this paragraph to have effect, where the F450Welsh Ministers make any such determination, with such modifications as may be prescribed.
F56410
Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) applies to the performance of any duty imposed on a local authority by virtue of paragraph 8 or 9 as it applies to the performance by a local authority of a duty that is an education function but as if—
a
the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act; an
b
sections 24 to 27 of that Act did not apply.
I8211
F19011A
F346...
Sch. 1 paras. 12-14 and cross-heading repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(12), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)
F34612
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F34613
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F34614
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C22SCHEDULE 2 Election of elected mayor
Sch. 2 applied by SI 2002/185 Sch. 3 rule 48(1) (as substituted (13.3.2004) by The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/225), regs. 1, 2(7), Sch.)
Application
I831
This Schedule applies where there are three or more candidates to be an elected mayor of a local authority.
Candidate with overall majority of first preference votes
I842
If one of the candidates to be the elected mayor receives more than half of all the first preference votes given in the election that candidate is to be returned as the elected mayor.
No candidate with overall majority of first preference votes
I853
1
If none of the candidates to be the elected mayor receives more than half of all the first preference votes given in the election the following provisions of this paragraph are to have effect.
2
The two candidates who received the greatest number of first preference votes given in the election remain in the contest.
3
If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (2), all of them remain in the contest.
4
The other candidates are eliminated from the contest.
5
The number of second preference votes given in the election for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates is to be ascertained.
C18C236
That number is to be added to the number of first preference votes given for that candidate, to give his total number of preference votes.
7
The person who is to be returned as the elected mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.
C248
If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the returning officer is to decide by lots which of them is to be returned as the elected mayor.
SCHEDULE 3 Amendments to the 1972 Act
I861
1
Section 2 of the M62Local Government Act 1972 (constitution of principal councils in England) is amended as follows.
2
After subsection (2) there is inserted—
2A
Where a council mentioned in subsection (1) or (2) above are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors.
I872
1
Section 3 of that Act (chairman of principal council in England) is amended as follows.
2
After subsection (1) there is inserted—
1A
A member of the executive of a principal council may not be elected as the chairman of the council.
3
After subsection (4) there is inserted—
4A
Subsection (4) above shall have effect in relation to a district council which are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive as if it provided for the elected mayor of the council to have precedence in the district, but this subsection shall not apply if the executive arrangements provide for it not to apply.
I883
1
Section 5 of that Act (vice-chairman of principal council in England) is amended as follows.
2
After subsection (1) there is inserted—
1A
A member of the executive of a principal council may not be appointed as the vice-chairman of the council.
I894
1
Section 21 of that Act (constitution of principal councils in Wales) is amended as follows.
2
After subsection (1) there is inserted—
1A
Where a council falling within subsection (1) are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors.
I905
1
Section 22 of that Act (chairman of principal council in Wales) is amended as follows.
2
After subsection (1) there is inserted—
1A
A member of the executive of a principal council may not be elected as the chairman of the council.
3
After subsection (4) there is inserted—
4A
Subsection (4) above shall have effect in relation to a principal council which are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive as if it provided for the elected mayor of the council to have precedence in the area of that council, but this subsection shall not apply if the executive arrangements provide for it not to apply.
I916
1
Section 24 of that Act (vice-chairman of principal council in Wales) is amended as follows.
2
After subsection (1) there is inserted—
1A
A member of the executive of a principal council may not be appointed as the vice-chairman of the council.
I927
1
Section 25A of that Act (title of chairman or vice-chairman of county borough council) is amended as follows.
2
After subsection (2) there is inserted—
3
This section does not apply where a county borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive.
I938
1
Section 80 of that Act (disqualifications for election and holding office as member of local authority) is amended as follows.
2
In subsection (1)(a) after “or deputy chairman” there is inserted “
or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive
”
.
I949
1
Section 83 of that Act (declaration of acceptance of office) is amended as follows.
2
In subsection (1), after “councillor” there is inserted “
or elected mayor
”
.
3
In subsection (3), after paragraph (a) there is inserted—
aa
an elected mayor of the council to which the declarant is elected; or
I9510
1
Section 84 of that Act (resignation) is amended as follows.
2
In subsection (1), after “Act” there is inserted “
or elected as an elected mayor
”
.
I9611
1
Section 245 of that Act (status of certain districts, parishes and communities) is amended as follows.
2
After subsection (1) there is inserted—
1A
Subsection (1)(b) above does not apply where the council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive.
I9712
1
Section 270 of that Act (general provisions as to interpretation) is amended as follows.
2
In subsection (1), after the definition of “Easter break” there is inserted—
“elected mayor” has the same meaning as in Part II of the Local Government Act 2000;
3
In subsection (1), after the definition of “electoral area” there is inserted—
“executive”, “executive arrangements” and “executive leader” have the same meaning as in Part II of the Local Government Act 2000;
4
In subsection (1), after the definition of “land” there is inserted—
“leader and cabinet executive” has the same meaning as in Part II of the Local Government Act 2000;
5
In subsection (1), after the definition of “local statutory provision” there is inserted—
“mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000;
6
After subsection (4) there is inserted—
4A
Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, subsection (4) above shall have effect with the omission of paragraphs (a) and (b).
I9813
1
Schedule 2 to that Act (constitution and membership of London borough councils) is amended as follows.
2
After paragraph 5 there is inserted—
Modifications of preceding provisions
5A
Where a London borough council are operating executive arrangements which involve a leader and cabinet executive—
a
paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
1A
A member of the executive of a London borough council may not be elected as the mayor of the borough.
,
b
paragraph 5 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
1A
A member of the executive of a London borough council may not be appointed as the deputy mayor.
5B
Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the preceding provisions of this Schedule shall have effect with the modifications specified in paragraphs 5C to 5I below.
5C
The council shall consist of an elected mayor, a chairman and councillors.
5D
Paragraphs 2(1) and 2(5) above shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough council”.
5E
Paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
1A
A member of the executive of a London borough council may not be elected as the chairman of the council.
5F
Paragraphs 2(2) to (4) and 3 above shall have effect as if for any reference to “mayor” there were substituted “chairman”.
5G
Paragraph 2(5) above shall have effect as if it provided for the elected mayor to have precedence in the borough, but this paragraph shall not apply if the executive arrangements provide for it not to apply.
5H
Paragraph 5 above shall have effect as if for sub-paragraphs (1) to (3) there were substituted—
1
A London borough council shall appoint a member of the council to be vice-chairman of the council.
1A
A member of the executive of a London borough council may not be appointed as the vice-chairman of the council.
2
The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.
3
Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.”
5I
Paragraphs 5(4) above shall have effect as if for the expression “ deputy mayor” there were substituted “vice-chairman”.
I9914
1
Schedule 12 to that Act (meetings and proceedings of local authorities) is amended as follows.
2
In paragraph 5, after sub-paragraph (3) there is inserted—
4
A member of an executive of a principal council may not be chosen to preside under sub-paragraph (3) above.
5
Sub-paragraphs (2)(c) and (3)(c) above do not apply where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive. ”
F327SCHEDULE 4 Standards Board for England
Sch. 4 repealed (31.1.2012 for the purpose of the repeal of Sch. 4 paras. 2(1)(b)-(e), 3, 4 and 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 53, Sch. 25 Pt. 5 (with Sch. 4 para. 59(5)); S.I. 2012/57, art. 5(1)(a)(c)(2)(p) (with arts. 6, 8); S.I. 2012/628, art. 6(h), (with arts. 9, 11, 14, 15, 17)
F327...
F327
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F327
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F327
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F327
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F327
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F327
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F327
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F327
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F327
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F327
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F327
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F327
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F327
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F327
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F327
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F327
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F327
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F327
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F327
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SCHEDULE 5 Minor and Consequential Amendments
Children and Young Persons Act 1933 (c. 12)
I1001
In section 34A of the Children and Young Persons Act 1933 (attendance at court of parent or guardian), in subsection (2)(b) for the words “stand referred to their social services committee under” there is substituted “are social services functions within the meaning of”.
I1012
In section 55 of that Act (power to order parent or guardian to pay fine etc), in subsection (5)(b) for the words “stand referred to their social services committee under” there is substituted “
are social services functions within the meaning of
”
.
Local Authority Social Services Act 1970 (c. 42)
I1023
In section 2 of the Local Authority Social Services Act 1970 (local authority to establish social services committees)—
a
in subsection (1), for paragraphs (a) and (b) there is substituted “their social services functions”,
b
subsection (2) is omitted.
I1034
In section 3 of that Act (business of social services committee), in subsection (1), the words “ (hereafter in this Act referred to as “social services functions”)” are omitted.
I1045
In section 13 of that Act (orders and regulations), in subsection (3), for “ 2(2)” there is substituted “
1A
”
.
I1056
In section 15 of that Act (citation, interpretation etc), in subsection (2), for “3” there is substituted “
1A
”
.
I1067
In Schedule 1 to that Act (enactments conferring functions assigned to social services committees) after the entry relating to the M63Housing Act 1985 there is inserted—
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
Sections 1 to 5, 7 and 8 except in so far as they assign functions to a local authority in their capacity as a local education authority.
Representation and assessment of disabled persons.
Local Government Act 1972 (c. 70)
I1258
In section 80 of the Local Government Act 1972 (disqualifications for election and holding office as member of local authority), in subsection (1)(e) the words “or under the Audit Commission Act 1998” are omitted.
I1079
In section 85 of that Act (vacation of office by failure to attend meetings), after subsection (3) there is inserted—
3A
Any period during which a member of a local authority is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1) above (and, accordingly, a period during which a member fails to attend meetings of the authority that falls immediately before, and another such period that falls immediately after, a period of suspension or partial suspension shall be treated as consecutive).
I10810
In section 86 of that Act (declaration by local authority of vacancy in office in certain cases), in subsection (1)(b) after “1998” there is inserted “
or section 79 of the Local Government Act 2000
”
.
I10911
In section 87(1) of that Act (date of casual vacancies)—
a
after paragraph (e) there is inserted—
ee
in the case of a disqualification under section 79 of the Local Government Act 2000, on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant decision under that section or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;
b
in paragraph (f), for “(e)” there is substituted “
(ee)
”
.
I12612
Sections 94 to 98 of that Act (restrictions on voting) cease to have effect.
I12713
Section 105 of that Act (disability for voting on account of interest in contracts etc) ceases to have effect.
Local Government Act 1974 (c. 7)
F20I11014
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I12815
In section 30 of that Act (reports on investigation by Local Commissioner)—
a
in subsection (3), the words “except where subsection (3A) below applies” are omitted,
b
subsection (3A) is omitted.
Adoption Act 1976 (c. 36)
F24I11116
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National Health Service Act 1977 (c. 49)
F57I11217
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Registered Homes Act 1984 (c. 23)
I11318
In its application to a registration authority which are operating executive arrangements (within the meaning of Part II of this Act), section 13 of the Registered Homes Act 1984 (right to make representations) shall have effect as if for subsection (5) there were substituted—
5
If he informs the registration authority that he desires to make oral representations, they shall make arrangements to enable him to make such representations.
Children Act 1989 (c. 41)
I11419
In section 22 of the Children Act 1989 (general duty of local authority in relation to children looked after by them), in subsection (1)(b) for the words “stand referred to their social services committee under” there is substituted “
are social services functions within the meaning of
”
.
I11520
In section 42 of that Act (right of guardian ad litem to have access to local authority records), in subsection (1)(b) for the words “stand referred to their social services committee under” there is substituted “
are social services functions within the meaning of
”
.
F23I11621
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I11722
In section 105 of that Act (interpretation), in subsection (5) for the words “which stand referred to the social services committee of that or any other local authority under” there is substituted “
of that or any other local authority which are social services functions within the meaning of
”
.
I11823
In its application to a local authority (within the meaning of Schedule 6 to that Act) which are operating executive arrangements (within the meaning of Part II of this Act), paragraph 6 of that Schedule (right to make representations) shall have effect as if for subsection (5) there were substituted—
5
If he informs the local authority that he desires to make oral representations, they shall make arrangements to enable him to make such representations.
Local Government and Housing 1989 (c. 42)
24
1
Section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer) is amended as follows.
2
In subsection (1), before “the officer so” there is inserted “
subject to subsection (1A) below
”
.
3
After that subsection there is inserted—
1A
The officer designated under subsection (1) above by a relevant authority to which this subsection applies may not be the head of that authority’s paid service.
1B
Subsection (1A) above applies to the following relevant authorities in England and Wales—
a
a county council,
b
a county borough council,
c
a district council,
d
a London borough council,
e
the Greater London Authority, and
f
the Common Council of the City of London in its capacity as a local authority, police authority or port health authority.
4
In subsection (2), the words “or of any code of practice made or approved by or under any enactment” are omitted.
5
In subsection (2), as substituted in relation to the Greater London Authority by section 73(6) of the M64Greater London Authority Act 1999, in paragraph (a) the words “or of any code of practice made or approved by or under any enactment” are omitted.
6
After that subsection there is inserted—
2A
No duty shall arise by virtue of subsection (2)(b) above unless a Local Commissioner (within the meaning of the M65Local Government Act 1974) has conducted an investigation under Part III of that Act in relation to the proposal, decision or omission concerned.
7
In subsection (8), in paragraph (a) of the definition of “relevant authority”, for “(j)” there is substituted “
(k)
”
.
8
After that subsection there is inserted—
8A
Any reference in this section to the duties of a monitoring officer imposed by this section, or to the duties of a monitoring officer under this section, shall include a reference to the functions which are conferred on a monitoring officer by virtue of Part III of the Local Government Act 2000.
I12925
Section 19 of that Act (members’ interests) ceases to have effect.
I13026
Sections 31 and 32(1) of that Act (National Code of Local Government Conduct) are omitted.
27
Sections 33 to 35 of that Act (economic development and discretionary expenditure by local authorities) cease to have effect.
Tribunals and Inquiries Act 1992 (c. 53)
I11928
In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Council on Tribunals), at the end of paragraph 27 there is inserted—
Local authorities, conduct of members
27A. A case tribunal or interim case tribunal appointed under section 76 of the Local Government Act 2000.
Audit Commission Act 1998 (c. 18)
F18I12029
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56930
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Greater London Authority Act 1999 (c. 29)
I12131
In section 6 of the Greater London Authority Act 1999 (failure to attend meeting of the Assembly), after subsection (4) there is inserted—
5
Any period during which an Assembly member is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1).
I12232
Section 13 of that Act (failure of Mayor to attend meetings) is to become subsection (1) of that section and after that subsection there is inserted—
2
Any meeting of the Assembly which the Mayor is unable to attend because he is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purposes of subsection (1) above.
I12333
In section 31 of that Act (limits of the general power), in subsection (5), for paragraphs (a) and (b) there is substituted “
any social services function within the meaning of the Local Authority Social Services Act 1970
”
.
I13134
Section 66 of that Act (the Secretary of State’s guidance on ethical standards) ceases to have effect.
I124I132 SCHEDULE 6 Repeals
Sch. 6 partly in force; Sch. 6 not in force at Royal Assent see s. 108; Sch. 6 in force as follows: at 28.9.2000 for specified repeal see s. 108(2)(c); at 1.10.2000 for specified repeal in relation to England only by S.I. 2000/2187, arts. 1(3), 3; at 18.10.2000 for specified repeals in relation to England only by S.I. 2000/2836, arts. 1(3), 2(b); at 26.10.2000 for specified repeals in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); at 9.4.2001 for specified repeals in relation to Wales only by S.I. 2001/1471, art. 2; at 28.7.2001 for the remaining repeals other than those specified in s. 108(3)(c) that have not already been brought into force, see s. 108(3)-(6); at 27.7.2002 for specified repeals in relation to England and police authorities in Wales by S.I. 2002/1718, art. 2(b)
Sch. 6 in force for specified purposes at 22.5.2012 by S.I. 2012/1358, art. 2(b)
Chapter | Short title | Extent of repeal |
|---|---|---|
1970 c. 42. | Local Authority Social Services Act 1970. | Section 2(2). |
In section 3(1), the words “(hereafter in this Act referred to as “social services functions”)”. | ||
Section 6(5). | ||
1972 c. 70. | Local Government Act 1972. | In section 80(1)(e), the words “or under the Audit Commission Act 1998”. |
Sections 94 to 98. | ||
In section 100D(2), “of the list, or”. | ||
Section 105. | ||
In section 265A(1)(b), “94 to 98”. | ||
1974 c. 7. | Local Government Act 1974. | In section 30, in subsection (3), “except where subsection (3A) below applies” and subsection (3A). |
1976 c. 57. | Local Government (Miscellaneous Provisions) Act 1976. | In section 25(8), the words from “Without prejudice” to “inhabitants of its area)”. |
1978 c. 50. | Inner Urban Areas Act 1978. | In section 13, the words “section 137(1) of the Local Government Act 1972 or”. |
1985 c. 51. | Local Government Act 1985. | In Schedule 14, paragraph 13. |
1985 c. 67. | Transport Act 1985. | In section 74(12), “section 94 of the 1972 Act or”. |
1985 c. 68. | Housing Act 1985. | Section 11A(4). |
1986 c. 60. | Financial Services Act 1986. | In Schedule 16, paragraph 8(a). |
1989 c. 42. | Local Government and Housing Act 1989. | In section 5(2)(a), and in section 5(2)(a) as substituted by section 73(6) of the Greater London Authority Act 1999, the words “or of any code of practice made or approved by or under any enactment”. |
Sections 19, 31, 32(1) and 33 to 35. | ||
In Schedule 11, paragraphs 22 and 23. | ||
1992 c. 14. | Local Government Finance Act 1992. | In Schedule 13, paragraph 32. |
1994 c. 19. | Local Government (Wales) Act 1994. | In Schedule 15, paragraph 25. |
1994 c. 29. | Police and Magistrates’ Courts Act 1994. | In Schedule 4, paragraph 7. |
1995 c. 25. | Environment Act 1995. | In Schedule 7, paragraphs 9 and 10. |
1996 c. 16. | Police Act 1996. | In Schedule 7, in paragraph 1(2)(h), “98(1A)” and paragraph 21. |
1996 c. 56. | Education Act 1996. | In Schedule 37, paragraph 63. |
1997 c. 50. | Police Act 1997. | In Schedule 6, paragraphs 1 and 2. |
1998 c. 18. | Audit Commission Act 1998. | In section 16(1)(a), “or 18”. |
In section 17, subsection (1)(b) and “and” preceding it; in subsection (2), “subject to subsection (3)”, paragraphs (a)and (b) and “and”following paragraph (b); subsections (3), (5)(b), (7) and (8). | ||
Section 18. | ||
Sections 20 to 23. | ||
In Schedule 3, paragraph 3(1). | ||
1999 c. 29. | Greater London Authority Act 1999. | Section 66. |
In Schedule 8, paragraphs 6 and 7. |
Act modified (31.3.2009) by The Local Government (Structural Changes) (Further Transitional Arrangements and Staffing) Regulations 2009 (S.I. 2009/486), reg. 6(4)