Part I Promotion of economic, social or environmental well-being etc

Interpretation

I11 Meaning of “local authority” in Part I.

F2231

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,

F224vi

an eligible parish council,

b

in relation to Wales, a county council or a county borough council.

F2252

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

C1I22 Promotion of well-being.

1

Every local authority 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.

3

In determining whether or how to exercise the power under subsection (1), a local authority F244in England must have regard to their strategy under section 4.

F2273A

But, in the case of an eligible parish council, that is subject to section 4A.

F2433B

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).

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).

C292

The power under section 2(1) does not enable a local authority to raise money (whether by precepts, borrowing or otherwise).

3

The Secretary of State 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.

F113A

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

F12Subject to subsection (4A), before making an order under subsection (3), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.

F134A

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 Secretary of State about the exercise of that power.

6

Before issuing any guidance under subsection (5), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.

7

In its application to Wales, this section has effect as if for any reference to the Secretary of State there were substituted a reference to F70the Welsh Ministers.

8

In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M1Interpretation Act 1978).

I4C24 Strategies for promoting well-being.

1

Every local authority F245in England must prepare a strategy (referred to in this section as a F67sustainable community strategy ) for promoting or improving the economic, social and environmental well-being of their area and contributing to the achievement of sustainable development in the United Kingdom.

2

A local authority may from time to time modify their F68sustainable community strategy .

3

In preparing or modifying their F69sustainable community strategy , a local authority—

a

must consult and seek the participation of F72—

i

in the case of a responsible local authority, each partner authority and such other persons as the responsible local authority consider appropriate, or

ii

in any other case, such persons as the authority consider appropriate, and

b

must have regard to any guidance for the time being issued by the Secretary of State.

4

Before issuing any guidance under this section, the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.

F2465

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

F716

In subsection (3)(a), “responsible local authority” and “partner authority”, in relation to a responsible local authority, have the same meanings as in Chapter 1 (local area agreements) of Part 5 of the Local Government and Public Involvement in Health Act 2007 (see sections 103 and 104 of that Act).

4AF226Strategies: parishes

1

The duty in section 4 to prepare a community strategy does not apply to an eligible parish council.

2

But in exercising the power under section 2(1), an eligible parish council must have regard to any community strategy prepared by a relevant principal council.

3

In this section “relevant principal council”, in relation to a parish council, means any county council, district council or London borough council whose area the parish lies within.

I55 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.

F734

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

F74The 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).

Modification of certain enactments

I66 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 F75so 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 F76in England,

b

particular local authorities F77in England, or

c

particular descriptions of local authority F78in 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.

F795

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

F806

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

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).

I77 Power to modify enactments concerning plans etc: Wales.

1

Subject to subsections (4) and (6), F81the Welsh Ministers may by order amend, repeal, revoke or disapply any enactment F82(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.

F832

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

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 F84the 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.

F856

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

7

In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M3Interpretation Act 1978).

F868

An order under this section may not make a provision which, if it were a provision of a Measure of the National Assembly for Wales, would be outside the Assembly's legislative competence.

9

For the purposes of subsection (8), section 94(4) of the Government of Wales Act 2006 has effect as if paragraph (a) (matters within legislative competence) 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.

I88 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

I99 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 F87the 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 F88the 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).

F148

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.

9AF133Procedure 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.

C17C28C36C107C116C126Part II Arrangements with respect to executives etc.

Annotations:
Modifications etc. (not altering text)
C17

Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)

C28

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

C107

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)

C116

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)

Executive arrangements

I1010 Executive arrangements.

1

In this Part “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.

2

Executive arrangements by a local authority must conform with any provisions made by or under this Part which relate to such arrangements.

Annotations:
Commencement Information
I10

S. 10 wholly in force at 28.7.2001; s. 10 not in force at Royal Assent see s. 108; s. 10 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 10 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Local authority executives

I11C116C11511C116 Local authority executives.

F891

The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.

2

F90In the case of any local authority in England or Wales, 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.

F912A

In the case of any local authority in England, 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).

3

F92In the case of any local authority in Wales, 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 one of the following—

i

the executive leader, or

ii

the authority.

Such an executive is referred to in this Part as a F93leader and cabinet executive (Wales).

4

F94In the case of any local authority in Wales, the executive may consist of—

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

F95In the case of a local authority in England or Wales, the executive may take any such form as may be prescribed in regulations made by the Secretary of State.

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 may not exceed 10.

9

The Secretary of State may by regulations F96specify a different maximum number of members of an executive to which F97subsection (8) applies, but the power under this subsection may not be exercised F98in relation to Wales so as to provide for a maximum number which exceeds 10.

F999A

In this Part, a reference to a leader and cabinet executive is a reference to either or both of the following, as appropriate in the context—

a

a leader and cabinet executive (England);

b

a leader and cabinet executive (Wales).

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 F100subsection (2A)(a) or (3)(a) or appointing councillors or an officer to the executive under subsection (3)(b)(ii) or (4)(b).

I1212 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 Secretary of State must have regard to—

a

any proposals made to him under subsection (2),

b

the extent to which he considers 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 he considers 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 Secretary of State 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 Secretary of State,

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.

Annotations:
Commencement Information
I12

S. 12 wholly in force at 28.7.2001; s. 12 not in force at Royal Assent see s. 108; s. 12 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 12(1) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 12 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Executive functions

I13C105C100C92C96C88C114C116C152C15613C116 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 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 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 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 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

b

may be discharged only in accordance with any provisions made by or under this Part F229or 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.

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 Secretary of State 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—

    1. 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,

    2. b

      the doing of anything incidental or conducive to the discharge of the function, or

    3. c

      the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b),

  • “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

C3I14C116C110C140C148C15714C116F101Discharge of functions: general

F1021

Subject to any provision made under section 18, 19 or 20, 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 F103senior 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, 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 F104senior executive member 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

Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the F105senior executive member otherwise directs, F106the member who may discharge the function may arrange for the discharge of any of those functions by an officer of the authority.

C111C153C1495

Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the F107senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.

C112C150C1546

Any arrangements made by virtue of this section by F108a senior executive member, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent F109the senior executive member, executive, member or committee by whom the arrangements are made from exercising those functions.

F1107

In this section “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.

C4I15C85C93C97C102C89C14015F111Discharge 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 F112leader 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.

C98C90C101C103C86C94C1067

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.

C58

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.

C98C90C103C86C949

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.

C6I16C14016 Discharge of functions: mayor and council manager executive.

1

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.

Annotations:
Commencement Information
I16

S. 16 wholly in force at 28.7.2001; s. 16 not in force at Royal Assent see s. 108; s. 16 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 16 in force at 28.7.2001 in so far as not already in force see. 108(4)-(6)

Modifications etc. (not altering text)
C6

Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

C7I1717 Discharge of functions: s. 11(5) executive.

1

The Secretary of State 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.

Annotations:
Commencement Information
I17

S. 17 wholly in force at 1.11.2000; s. 17 not in force at Royal Assent see s. 108; s. 17 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 17 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Modifications etc. (not altering text)
C7

Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

C8I1818 Discharge of functions by area committees.

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 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

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 (4),

  • “specified” means specified in regulations under this section.

4

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,

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, and

c

either or both of the conditions in subsection (5) are satisfied in relation to that part.

5

Those conditions are—

a

that the area of that part does not exceed two-fifths of the total area of the authority,

b

that the population of that part, as estimated by the authority, does not exceed two-fifths of the total population of the area of the authority as so estimated.

Annotations:
Commencement Information
I18

S. 18 wholly in force at 1.11.2000; s. 18 not in force at Royal Assent see s. 108; s. 18 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 18 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Modifications etc. (not altering text)
C8

Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

I1919 Discharge 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 (within the meaning of this Part), 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 another local authority (within the meaning of section 101 of the M9Local Government Act 1972), or

b

by an executive of another local authority (within the meaning of this Part) 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 local authority (within the meaning of section 101 of that Act) to arrange for the discharge of any of their functions by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.

3

The reference in subsection (2) to the functions of a local authority, 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

requiring, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, the approval of the authority to such arrangements,

b

which, in the case of arrangements for the discharge of any functions by a local authority, enables any of those functions to be delegated,

c

which, in the case of arrangements for the discharge of any functions by an executive of a local authority 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 M10Local 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 “specified” means specified in regulations under this section.

I2020 Joint 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 M11Local 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 M12Local 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.

C9I21C63C87C99C95C91C104C116C113C151C15521C116 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 F234, 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,

F65f

in the case of the overview and scrutiny committee or committees of an authority to which F66section 244 of the National Health Service Act 2006 or section 184 of the National Health Service (Wales) Act 2006 applies, to review and scrutinise, in accordance with regulations under either of those sections, matters relating to the health service (within the meaning given by the Act concerned, and as extended by the section concerned) in the authority’s area, and to make reports and recommendations on such matters in accordance with the regulations.

F2332A

In subsection (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—

a

a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 245 of the National Health Service Act 2006 appointed by the authority concerned and one or more other local authorities,

b

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,

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 committee within the meaning of section 123 of the Local Government and Public Involvement in Health Act 2007 F247(joint overview and scrutiny committees) appointed by two or more local authorities including 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.

C10C61C57C59C1414

F184...an overview and scrutiny committee of a local authority may not discharge any functions other than its functions under this section F235, sections 21A to 21C F236or any functions which may be conferred on it by virtue of regulations under section 21E .

F1855

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

C11C62C1426

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.

C11C62C1427

A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (6)(b).

F238C11C62C1428

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

C11C62C1429

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.

C11C12C62C60C58C14210

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 paragraphs 7 to 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 F9, unless permitted to do so under paragraph 12 of that Schedule.

C11C62C14211

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 M13Local 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 M14Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

C11C62C14212

Subsections (2) and (5) of section 102 of the M15Local 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.

C11C6213

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,

F237aa

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

b

may invite other persons to attend meetings of the committee.

C11C6214

It is the duty of any member or officer mentioned in F239paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph.

C11C6215

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.

F20716

In exercising, or deciding whether to exercise, any of its functions—

a

an overview and scrutiny committee of a local authority in England, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State; and

b

an overview and scrutiny committee of a local authority in Wales, 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.

21ZAF313Scrutiny officers

1

Subject as follows, a local authority in England must designate one of their 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.

C14321AF228Reference 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

in the case of a local authority in England, 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

In considering whether to exercise the power which he has by virtue of subsection (1)(c) in any case, a member of an authority 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

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

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 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.

10

In this section “local government matter”, in relation to a member of a local authority, means a matter which—

a

relates to the discharge of any function of the authority,

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, and

c

is not an excluded matter.

11

In subsection (10)(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.

C14321BF231Duty 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 in England 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.

C14321CReports 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 a local improvement target which—

i

relates to a relevant partner authority, and

ii

is specified in a local area agreement of the authority.

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 their 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

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—

a

a National Health Service trust,

b

an NHS foundation trust, or

c

a Primary Care Trust.

7

Subsections (2) and (3) are subject to section 21D.

8

In this section—

  • “the authority”, in relation to a relevant committee, means—

    1. a

      in the case of an overview and scrutiny committee, the local authority by which it is established, and

    2. 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,

  • “the executive”, in relation to a relevant committee, means the executive of the authority,

  • “local improvement target” and “local area agreement” have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007 (local area agreements),

  • “relevant committee” means—

    1. a

      any overview and scrutiny committee of—

      1. i

        a county council in England,

      2. ii

        a district council in England, other than a council for a district in a county for which there is a county council, or

      3. iii

        a London borough council, or

    2. b

      a sub-committee of an overview and scrutiny committee within paragraph (a), and

  • “relevant partner authority”, in relation to a relevant 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—

    1. a

      a police authority, or

    2. b

      a chief officer of police;

and references to a target relating to a relevant partner authority are to be construed in accordance with section 105(3) of the Local Government and Public Involvement in Health Act 2007.

C138C14321DPublication 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

ii

to a relevant partner authority under section 21C,

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

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—

    1. a

      any report or recommendations of an overview and scrutiny committee which has functions under section 21(2)(f), or

    2. 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,

  • “relevant exempt information” means—

    1. 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

    2. 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

  • “relevant partner authority”, in relation to an overview and scrutiny committee which is a relevant committee within the meaning of section 21C, has the same meaning as in that section.

7

In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.

21EF232Overview and scrutiny committees of certain district councils: functions with respect to partner authorities

1

This section applies to any district council which is a partner authority in relation to a county council (“the related county council”).

2

The Secretary of State may by regulations make provision under which a district council to which this section applies may confer on their overview and scrutiny committee, or any of their overview and scrutiny committees, power to make reports and recommendations to the related county council, or that council's executive, which relate to any local improvement target which—

a

relates to a relevant partner authority, and

b

is specified in a local area agreement of the county council.

3

Regulations under subsection (2) may make provision applying or reproducing any provision of section 21B, 21C or 21D (with or without modifications).

4

For the purposes of this section—

a

“relevant partner authority”, in relation to a district council, means—

i

the related county council, or

ii

any other authority which are a partner authority in relation to that county council, other than—

a

a police authority, or

b

a chief officer of police,

b

“local area agreement”, “local improvement target” and “partner authority” have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, and

c

section 105(2) or (3) of that Act applies for the purpose of determining whether a local improvement target relates to a relevant partner authority.

I2222 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 Secretary of State.

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 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.

9

The Secretary of State 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 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.

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 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 (8)(a),

applies or reproduces (with or without modifications) any provisions of Part VA of the M16Local Government Act 1972.

F24012A

The Secretary of State may by regulations make provision, in relation to—

a

the publication by executives of local authorities in England under section 21B, or under any provision of regulations under section 21E which applies or reproduces (with or without modifications) any provision of section 21B, 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 21D.

13

In this section—

  • “joint committee” means a joint committee falling within section 101(5)(a) of the M17Local Government Act 1972,

  • “prescribed” means prescribed by regulations made by the Secretary of State.

22AF230Overview and scrutiny committees of certain authorities in England: 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 21C.

4

The Secretary of State may also by regulations make provision, in relation to a relevant district council committee—

a

as to information which associated authorities must provide to the relevant district council committee, and

b

as to information which may not be disclosed by an associated authority to the relevant district council committee.

5

In subsection (4), references to information do not include information in respect of which provision may be made in exercise of the power conferred by section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters).

6

For the purposes of subsection (4)—

  • “relevant district council committee” means—

    1. a

      an overview and scrutiny committee of a district council which is not a responsible local authority (“the district council”), or

    2. b

      a sub-committee of such a committee;

  • “associated authority”, in relation to a relevant district council committee, means—

    1. a

      the county council which is the responsible local authority in relation to the district council, or

    2. b

      any person (other than the district council) which is a partner authority in relation to that county council, other than—

      1. i

        a police authority, or

      2. ii

        a chief officer of police;

and for this purpose, “responsible local authority” and “partner authority” have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007.

7

Regulations under this section may make different provision in relation to different persons or committees or descriptions of person or committee.

8

The power conferred by subsection (7) does not affect the power conferred by section 105(2)(b).

I2323 Further provision.

Schedule 1 (which makes further provision in relation to executive arrangements) has effect.

Annotations:
Commencement Information
I23

S. 23 wholly in force at 28.7.2001; s. 23 not in force at Royal Assent see s. 108; s. 23 in force at 7.8.2000 for certain purposes in relation to England only by S.I. 2000/2187, arts. 1(3), 2(c); s. 23 in force at 26.10.2000 in relation to England only for certain purposes by S.I. 2000/2849, arts. 1(3), 2(c); s. 23 in force at 1.11.2000 in relation to Wales for certain purposes by S.I. 2000/2948, art. 2; s. 23 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

I2424 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 M18Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

Annotations:
Commencement Information
I24

S. 24 wholly in force at 28.7.2001; s. 24 not in force at Royal Assent see s. 108; s. 24 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 24 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Procedure with respect to operation of executive arrangements

I2525 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 Secretary of State.

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 Secretary of State for the purposes of this section.

6

Proposals under this section must include—

a

such details of the executive arrangements as the Secretary of State 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 Secretary of State 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 Secretary of State 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.

Annotations:
Commencement Information
I25

S. 25 wholly in force at 28.7.2001; s. 25 not in force at Royal Assent see s. 108; s. 25 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 25 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 25(5)(6)(8) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 25 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

I2626 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,

b

a 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.

Annotations:
Commencement Information
I26

S. 26 wholly in force at 28.7.2001; s. 26 not in force at Royal Assent see s. 108; s. 26 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 26 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

I2727 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—

C40a

must hold a referendum on their proposals before taking any steps to implement them, and

b

must draw up and send to the Secretary of State 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

A local authority must send a copy of their outline fall-back proposals to the Secretary of State at the same time that a copy of the proposals under section 25 is sent to him.

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 Secretary of State.

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.

C658

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 Secretary of State.

C659

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 Secretary of State.

C6510

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 Secretary of State may direct.

C6511

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.

C6512

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.

C31C12113

A local authority must implement detailed fall-back proposals in accordance with the timetable mentioned in subsection (4).

I2828 Approval of outline fall-back proposals.

1

A local authority may apply to the Secretary of State 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 Secretary of State.

3

Where the Secretary of State approves 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).

Annotations:
Commencement Information
I28

S. 28 wholly in force at 28.7.2001; s. 28 not in force at Royal Assent see s. 108; s. 28 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 28 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 28(1)(2) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 28 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

C13I2929 Operation of, and publicity for, executive arrangements.

C14C32C41C66C1221

A resolution of a local authority is required in order for the authority to operate executive arrangements.

C33C35C68C123C1252

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—

C67i

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

A local authority F113in Wales which pass a resolution under this section may not at any subsequent time cease to operate executive arrangements unless, by virtue of any provision made under section 33(5), the authority operate alternative arrangements in place of the executive arrangements.

I3030 Operation of different executive arrangements.

1

The Secretary of State may by regulations make provision for or in connection with the operation by a local authority F114in 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.

I3131 Alternative arrangements in case of certain local authorities.

1

This section applies to—

a

any local authority which falls within subsection (2), and

b

any local authority which falls within any description of local authority specified in regulations made by the Secretary of State under this section.

2

A local authority falls within this subsection if—

a

it is the council for a district comprised in an area for which there is a county council, and

b

the resident population of the authority’s area on 30th June 1999 was less than 85,000.

3

For the purposes of subsection (2)(b) the resident population of any area on 30th June 1999 is to be taken to be the Registrar General’s estimate of that population on that date.

4

A local authority to which this section applies must either—

a

draw up proposals for the operation of alternative arrangements of a particular type permitted by regulations under section 32, or

b

draw up proposals under section 25.

5

In deciding whether to draw up proposals under this section or proposals under section 25, a local authority to which this section applies must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.

6

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.

7

A local authority which draw up proposals under this section must comply with such requirements as may be specified in regulations made by the Secretary of State under this section.

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

Nothing in subsection (8) affects the generality of the power under subsection (7).

Annotations:
Commencement Information
I31

S. 31 wholly in force at 28.7.2001; s. 31 not in force at Royal Assent see s. 108; s. 31 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 31 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 31(1)(b) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 31 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

I3232 Alternative arrangements.

1

The Secretary of State may by regulations specify arrangements by a local authority with respect to the discharge of their functions (referred to in this Part as alternative arrangements) which are arrangements of a type—

a

which do not involve the creation and operation of an executive of the authority,

b

which include arrangements for the appointment of committees or sub-committees of the authority to review or scrutinise decisions made, or other action taken, in connection with the discharge of functions of the authority, and

c

which the Secretary of State considers are likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way.

2

The arrangements which may be specified by regulations under this section include—

a

arrangements for the discharge of functions of a local authority by individual members of the authority or by individual members of any committee or sub-committee of the authority,

b

arrangements for the appointment of committees or sub-committees of a local authority the membership of which is determined otherwise than in accordance with the political balance requirements.

F2413

Regulations under this section may make provision with respect to committees or sub-committees falling within subsection (1)(b), including—

a

in the case of regulations made by the Secretary of State, provision which applies or reproduces (with or without modifications)—

i

any provision of sections 21 to 21D or paragraphs 7 and 9 to 11 of Schedule 1,

ii

any provision made under section 21E or 22A,

iii

any provision of section 246 of, or Schedule 17 to, the National Health Service Act 2006, or

iv

any provision made under section 244 of that Act, and

b

in the case of regulations made by the Welsh Ministers, provision which applies or reproduces (with or without modifications)—

i

any provision of section 21 or 21A(1)(a) or (b) or (2) or paragraphs 8 to 11 of Schedule 1,

ii

any provision of Schedule 17 to the National Health Service Act 2006,

iii

any provision of section 186 of, or Schedule 11 to, the National Health Service (Wales) Act 2006, or

iv

any provision made under section 184 of that Act.

4

Regulations under this section may make provision for the purpose of determining the functions of a local authority which may, may not or must be the subject of alternative arrangements of any particular type.

5

Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).

I3333 Operation of alternative arrangements.

F115A1

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.

C15C16C34C42C1242

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).

F134Changing governance arrangements: general provisions

Annotations:
Amendments (Textual)
F134

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)

33AExecutive arrangements: different form of executive

A local authority in England which is operating 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.

33BExecutive arrangements: other variation of arrangements

A local authority in England which is operating executive arrangements may vary the arrangements so that they—

a

differ from the existing arrangements in any respect, but

b

still provide for the same form of executive.

C6933CAlternative arrangements: move to executive arrangements

A local authority in England which is operating alternative arrangements may—

a

cease to operate alternative arrangements, and

b

start to operate executive arrangements.

33DAlternative arrangements: variation of arrangements

A local authority in England which is operating alternative arrangements may vary the arrangements so that they differ from the existing arrangements in any respect.

C70C71C13033EProposals by local authority

1

This section applies to a local authority which wishes to make a change in governance arrangements.

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, and

b

details of any transitional arrangements which are necessary for the implementation of the proposals.

4

The following subsections apply if the proposed change is of the kind set out in—

a

section 33A (different form of executive), or

b

section 33C (move to executive arrangements).

5

The proposals may provide for the change in governance arrangements to be subject to approval in a referendum.

6

Before drawing up its proposals, the local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority's area.

7

In drawing up the proposals, the local authority must consider the extent to which the proposals, if implemented, would be likely to assist in securing continuous improvement in the way in which the local authority's functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

8

After drawing up the proposals, the local authority must—

a

secure that copies of a document setting out the proposals are available at their 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 their 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 their principal office.

C72C7333FResolution of local authority

1

A resolution of a local authority is required in order for the authority to make a change in governance arrangements.

2

Section 29(2) applies to a resolution under this section as it applied to a resolution to operate executive arrangements.

C7433GImplementation: new executive or move to executive arrangements

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 33A (new form of executive), or

b

section 33C (move to executive arrangements).

C1292

On the third day after the relevant elections, the local authority must—

a

cease operating the old form of executive, or the alternative arrangements, and

b

start operating the form of executive which the change in governance arrangements provides for.

3

Subject to subsection (2), the local authority must implement the change in governance arrangements in accordance with the timetable in the proposals.

C1274

In this section “relevant elections” means, if the change in governance arrangements provides for the local authority to operate—

a

a leader and cabinet executive (England): the appropriate elections of councillors;

b

a mayor and cabinet executive: the first election of the mayor.

C1285

For the purposes of subsection (4)(a), the “appropriate elections of councillors” are the elections determined in accordance with whichever of the following paragraphs is applicable—

a

if the local authority is currently operating a mayor and cabinet executive, the “appropriate elections of councillors” are the ordinary elections of councillors of the local authority held on 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;

b

if the local authority—

i

is not currently operating a mayor and cabinet executive, and

ii

is required to pass the resolution to make the change in governance arrangements during a permitted resolution period,

the “appropriate elections of councillors” are the first ordinary elections of councillors of the local authority to be held after the end of the permitted resolution period in which the resolution is passed;

c

if the local authority—

i

is not currently operating a mayor and cabinet executive, and

ii

is not required to pass the resolution to make the change in governance arrangements during a permitted resolution period,

the “appropriate elections of councillors” are the first ordinary elections of councillors of the local authority to be held after the resolution is passed.

33HImplementation: other change in governance arrangements

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 33B (variation of executive arrangements), or

b

section 33D (variation of alternative arrangements).

2

The local authority must implement the change in governance arrangements in accordance with the timetable in the proposals.

C75C76C7733IGeneral

1

Except as provided for in sections 33A to 33D or in regulations under section 34, 35 or 36, a local authority which is operating executive arrangements or alternative arrangements may not vary, or cease to operate, those arrangements.

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.

3

Sections 33J to 33N contain further requirements which, in certain cases, apply to proposals or resolutions.

F134Further requirements for certain changes

C78C7933JNew form of executive or move to executive: general requirements

1

This section applies to a change in governance arrangements of the kind set out in—

a

section 33A (new form of executive), or

b

section 33C (move to executive arrangements).

2

The proposals must state the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive which will be operated if the proposals are implemented.

3

The proposals (particularly any provision about timetables and transitional matters included in accordance with section 33E(3)) must be such as to ensure that the proposed change can take effect (so far as required to) in accordance with section 33G(2).

33KChanges subject to approval in a referendum: additional requirements

1

This section applies to a change in governance arrangements if—

a

the change is of the kind set out in section 33A (new form of executive) or section 33C (move to executive arrangements), and

b

the change is subject to approval in a referendum.

C802

The local authority must hold a referendum on its proposals before taking any steps to implement them.

C813

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.

C825

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.

C836

If the result of the referendum is not to approve the proposals, the local authority must publish in one or more newspapers circulating it its area a notice which—

a

summarises the proposals,

b

states that the referendum did not approve the proposals,

c

summarises the authority's existing executive arrangements, and

d

states that the authority will be continuing to operate those arrangements.

C8433LChange not subject to approval in a referendum: additional requirements

1

This section applies to a change of governance arrangements if—

a

the change is of the kind set out in section 33A (new form of executive) or section 33C (move to executive arrangements), and

b

the change is not subject to approval in a referendum.

2

Any resolution to make the change in governance arrangements must be passed during a permitted resolution period.

3

Subsection (4) applies if—

a

the local authority is operating a mayor and cabinet executive, and

b

the proposed new form of executive is a leader and cabinet executive (England).

4

In such a case—

a

the consultation required by section 33E(6) must last for at least 12 weeks; and

b

the local authority's proposals must include statements of the following things—

i

the arguments in favour of making the proposed change;

ii

any arguments against making the proposed change;

iii

the local authority's reasons for wishing to make the proposed change.

5

Subsection (6) applies if—

a

the local authority is operating a mayor and cabinet executive, and

b

the proposed new form of executive is a form prescribed in regulations under section 11(5).

6

In such a case, the resolution to make the change in governance arrangements must be passed—

a

at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object;

b

by a majority of at least two thirds of members voting on it.

7

In subsection (6) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

33MCases in which change subject to approval in referendum

1

For the purposes of sections 33K and 33L a change in governance arrangements is subject to approval in a referendum in either of the following cases.

2

The first case is where the proposals for implementing the local authority's current form of executive were themselves approved in a referendum.

3

The second case is where the local authority's proposals under section 33E provide for the change in governance arrangements to be subject to approval in a referendum.

33NVariation of mayoral executive

1

This section applies to a change in governance arrangements of the kind set out in section 33B (variation of executive arrangements) if the local authority is operating a mayor and cabinet executive.

2

The local authority may not make any proposals for the change in governance arrangements unless the elected mayor has given written consent to the proposed change.

F134Miscellaneous

33OInterpretation

1

This section applies for the purposes of sections 33A to 33N.

2

References to a change in governance arrangements are references to any change of a kind set out in sections 33A to 33D.

3

References to a different form of executive are references to any of the following kinds of executive that a local authority is not operating—

a

a leader and cabinet executive (England);

b

a mayor and cabinet executive;

c

a form of executive prescribed under section 11(5).

4

In sections 33A to 33N—

  • “permitted resolution period”, in relation to a local authority, means a period specified in the second column of the following table in relation to that type of authority;

  • “proposals” means proposals under section 33E;

  • “proposed change” means the change in governance arrangements which is proposed in proposals.

5

This is the table referred to in the definition of “permitted resolution period”—

Type of local authority

Permitted resolution periods

Metropolitan district

(1) The period ending with 31 December 2009.

(2) The period in 2013, or in any fourth year afterwards, which—

  1. a

    starts with the day after that council's annual meeting, and

  2. b

    ends with 31 December.

County

(1) The period ending with 31 December 2008.

(2) The period in 2012, or in any fourth year afterwards, which—

  1. a

    starts with the day after that council's annual meeting, and

  2. b

    ends with 31 December.

London borough

(1) The period ending with 31 December 2009.

(2) The period in 2013, or in any fourth year afterwards, which—

  1. a

    starts with the day after that council's annual meeting, and

  2. b

    ends with 31 December.

Non-metropolitan district

(1) The period ending with 31 December 2010.

(2) The period in 2014, or in any fourth year afterwards, which—

  1. a

    starts with the day after that council's annual meeting, and

  2. b

    ends with 31 December.

6

The Secretary of State may by order provide that a permitted resolution period is to end later than the last day of that period specified in the table.

Referendums

I3434 Referendum following petition.

1

The Secretary of State 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 F116operate a relevant form of executive.

F1171A

In this section “relevant form of executive” means—

a

in relation to England, an executive which takes such form permitted by or under section 11 as may be specified in the regulations;

b

in relation to Wales, 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 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

The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, 29 or 33 F118or of any of sections 33A to 33O.

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).

I3535 Referendum following direction.

1

The Secretary of State may by regulations make provision for or in connection with enabling him, 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 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

The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, 29 or 33 F119or of any of sections 33A to 33O.

4

Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).

I3636 Referendum following order.

1

The Secretary of State 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 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

The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, 29 or 33 F120or of any of sections 33A to 33O.

4

Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).

Local authority constitution

I3737 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 Secretary of State 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.

F1404

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

I3838 Guidance.

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.

Annotations:
Commencement Information
I38

S. 38 wholly in force at 1.11.2000; s. 38 not in force at Royal Assent see s. 108; s. 38 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 38 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Elected mayors etc.

I3939 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.

2

An elected mayor of a local authority in England is to be entitled to the style of “mayor”.

3

An elected mayor of a local authority in Wales 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.

F1215A

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 Secretary of State 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

Sections 2(2A) and 21(1A) 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 (5B)(b).

F1226

Elections for the return of an elected mayor of a local authority in England 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 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.

I4041 Time 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 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.

Annotations:
Commencement Information
I40

S. 41 wholly in force at 1.11.2000; s. 41 not in force at Royal Assent see s. 108; s. 41 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 41 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

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.

C302

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.

I4144 Power to make provision about elections.

1

The Secretary of State 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.

F1 3A

Before making any regulations under this section, the Secretary of State shall consult the Electoral Commission.

3B

In addition, the power of the Secretary of State 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 considers that it is expedient to exercise that power in consequence of changes in the value of money.

C644

No return of an elected mayor or elected executive member at an election is to be questioned except by an election petition under the provisions of Part III of the M19Representation of the M20People Act 1983 as applied by or incorporated in regulations under this section.

F135Leader and cabinet executives (England)

Annotations:
Amendments (Textual)
F135

Ss. 44A-44H and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 67, 245(2)

44AElection of leader: whole-council elections

1

This section applies to a local authority if it—

a

is subject to whole-council elections, and

b

is, on the day of a post-election annual meeting, operating a leader and cabinet executive (England).

2

The executive leader is to be elected at the post-election annual meeting.

3

But if the council fails to elect the executive leader at the post-election annual meeting, an executive leader is to be elected at a subsequent meeting of the council.

4

For the purposes of this section and section 44D—

a

a local authority is subject to whole-council elections if, under the scheme for the ordinary elections of its councillors, all of the councillors are elected in each year in which the elections are held;

b

“post-election annual meeting” means the first annual meeting of a local authority to be held after ordinary elections take place.

44BElection of leader: partial-council elections

1

This section applies to a local authority if it—

a

is subject to partial-council elections, and

b

is, on the day of a relevant annual meeting, operating a leader and cabinet executive (England).

2

The executive leader is to be elected at the relevant annual meeting.

3

But if the council fails to elect the executive leader at the relevant annual meeting, the executive leader is to be elected at a subsequent meeting of the council.

4

For the purposes of this section and section 44E—

a

a local authority is subject to partial-council elections if, under the scheme for the ordinary elections of its councillors, one-half or one-third (or, in either case, as nearly as may be) of the councillors are elected in each year in which the elections are held;

b

“relevant annual meeting” means—

i

the first annual meeting to be held after the local authority starts to operate the leader and cabinet executive (England), or

ii

any subsequent annual meeting held on a day when an executive leader's term of office is to end by virtue of section 44E(3).

44CRemoval of leader

1

Executive arrangements by a local authority which provide for a leader and cabinet executive (England) may 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.

44DTerm of office of leader: whole-council elections

1

This section applies to the executive leader of a local authority which—

a

is operating a leader and cabinet executive (England), and

b

is subject to whole-council elections.

2

The executive leader's term of office starts on the day of his election as leader.

3

The executive leader's term of office ends on the day of the post-election annual meeting which follows his election as leader.

4

But if the executive leader is removed from office in accordance with section 44C, his term of office ends on the day of his removal.

44ETerm of office of leader: partial-council elections

1

This section applies to the executive leader of a local authority which—

a

is operating a leader and cabinet executive (England), and

b

is subject to partial-council elections.

2

The executive leader's term of office starts on the day of his election.

3

The executive leader's term of office ends on the day when the council holds its first annual meeting after the leader's normal day of retirement as a councillor.

4

But that is subject to subsections (5) and (6).

5

If the executive leader is removed from office in accordance with section 44C, his term of office ends on the day of his removal.

6

If the local authority becomes subject to whole-council elections, the executive leader's term of office ends on the day of the annual meeting which follows the first whole-council elections.

7

For the purposes of this section an executive leader's normal day of retirement as a councillor is the day when the leader would next be required to retire as a councillor of the council if section 44F were disregarded.

44FLeader to continue to hold office as councillor

1

The executive leader of a leader and cabinet executive (England) remains a member of the council during his term of office as leader.

2

Accordingly, any enactment which provides for his 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).

44GNo other means of electing or removing leader

1

This section applies to a local authority which operate a leader and cabinet executive (England).

2

An executive leader may not be elected except in accordance with section 44A, 44B or 44C or regulations under section 44H.

3

An executive leader may not be removed from office except in accordance with section 44C or regulations under section 44H.

44HRegulations

1

The Secretary of State may by regulations make provision—

a

as to the dates on which and years in which executive leaders of leader and cabinet executives (England) are to be elected by local authorities,

b

as to the intervals between elections of executive leaders of leader and cabinet executives (England),

c

as to the term of office of an executive leader of a leader and cabinet executive (England), and

d

as to the filling of vacancies in the office of executive leader of a leader and cabinet executive (England).

2

Sections 44A to 44E are subject to regulations under this section.

Provisions with respect to referendums

I4245 Provisions with respect to referendums.

F1231

A local authority—

a

in England may not hold more than one referendum in any period of ten years;

b

in Wales 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 Secretary of State may by regulations make provision as to the conduct of referendums.

6

The Secretary of State 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.

F2 8A

Before making any regulations under this section, the Secretary of State 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

before laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State consulted the Electoral Commission as to the intelligibility of that question, and

b

when so laying the draft, the Secretary of State also laid before each House a report stating any views as to the intelligibility of that question which were expressed by the Electoral Commission in response to that consultation.

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

before laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State sought, and had regard to, the views of the Electoral Commission as to the provision to be made by the regulations as to those matters, and

b

where the draft regulations laid before Parliament made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the Secretary of State, when so laying the draft, also laid before each House a statement of his reasons for departing from the views of the Commission.

9

In subsections (1), (4) to (6) and (8) F3to (8C)“referendum” means a referendum held under section 27 F124or 33K or by virtue of regulations or an order made under any provision of this Part.

Amendments to the 1972 Act

I4346 Amendments to the 1972 Act.

Schedule 3, which contains amendments to the M21Local Government Act 1972, has effect.

Annotations:
Commencement Information
I43

S. 46 wholly in force at 28.7.2001; s. 46 not in force at Royal Assent see s. 108; s. 46 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); s. 46 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Power to make further provision

I4447 Power to make incidental, consequential provision etc.

1

The Secretary of State may by order make such incidental, consequential, transitional or supplemental provision as he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision made by or under this Part.

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.

F1254

The provision which may be made under subsection (1) includes provision relating to changes in local authority governance arrangements (including changes of the kinds set out in sections 33A to 33D).

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;

b

the election by a local authority of the executive leader of a leader and cabinet executive (England).

7

Nothing in subsection (2), (3), (4) or (5) affects the generality of the power in subsection (1).

Interpretation

I4548 Interpretation of Part II.

1

In this Part, unless the context otherwise requires—

  • “alternative arrangements” has the meaning given by section 32(1),

  • “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 M22Representation of the People Act 1983,

  • “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the M23Interpretation 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 F126section 11(2A)(a) or (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” means—

    1. a

      in relation to England, a county council, a district council or a London borough council, and

    2. b

      in relation to Wales, a county council or a county borough council,

  • “local government elector” has the meaning given by section 270(1) of the M24Local Government Act 1972,

  • F127“ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority,

  • “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 M25Local Government and Housing Act 1989,

  • “second preference vote” has the meaning given by section 42(1)(b).

F1281A

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

2010 and every fourth year afterwards

County

2009 and every fourth year afterwards

London borough

2010 and every fourth year afterwards

Non-metropolitan district

2011 and every fourth year afterwards

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, 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 M26Local Government Act 1972) is referred to in Part I of that Schedule as the mayor of the borough.

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, 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 M27Local Government Act 1972) is referred to in Part I of that Schedule as the deputy mayor.

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 M28Local 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 Secretary of State under any provision of this Part—

a

may be varied or revoked by subsequent directions given by him under that provision, and

b

may make different provision for different cases, local authorities or descriptions of local authority.

C37C38C44C46C108C117C137C146Part III Conduct of local government members and employees

Annotations:
Modifications etc. (not altering text)
C108

Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)

C117

Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)

C137

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

C44C46C139C146Chapter I Conduct of members

Annotations:
Modifications etc. (not altering text)
C139

Pt. III Ch. I applied (12.11.2009 for specified purposes) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(c), 324(1)(c)(d) (with ss. 172(3), 185)

Standards of conduct

I46C13149C46C146 Principles governing conduct of members of relevant authorities.

1

The Secretary of State may by order specify the principles which are to govern the conduct of members and co-opted members of relevant authorities in England and police authorities in Wales.

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 in Wales (other than police authorities).

F1412A

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.

2C

An order under subsection (1) may define, for the purposes of the order—

  • “official capacity”; and

  • “criminal offence”.

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.

3

Before making an order under this section, the Secretary of State must consult—

a

such representatives of relevant authorities in England as he considers appropriate,

b

the Audit Commission,

c

the Commission for Local Administration in England, and

d

such other persons (if any) as he considers appropriate.

4

Before making an order under this section so far as it relates to police authorities in Wales, the Secretary of State must consult—

a

such representatives of police authorities in Wales as he considers appropriate,

F18aa

the Auditor General for Wales,

b

F23the Public Services Ombudsman for Wales, and

c

the National Assembly for Wales.

5

Before making an order under this section, the National Assembly for Wales must consult—

a

such representatives of relevant authorities in Wales as it considers appropriate,

b

the F19Auditor General for Wales,

c

F24the 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,

b

a county borough council,

c

a district council,

d

a London borough council,

e

a parish council,

f

a community council,

g

the Greater London Authority,

h

the Metropolitan Police Authority,

i

the London Fire and Emergency Planning Authority,

j

the Common Council of the City of London in its capacity as a local authority or police authority,

k

the Council of the Isles of Scilly,

F17l

a fire and rescue authority 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,

m

a police authority,

n

a joint authority established by Part IV of the M29Local Government Act 1985,

F242na

an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009,

nb

a combined authority established under section 103 of that Act,

o

the Broads Authority, or

p

a National Park authority established under section 63 of the M30Environment Act 1995.

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.

I4750C146 Model code of conduct.

1

The Secretary of State may by order issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities in England and police authorities in Wales (referred to in this Part as a model code of conduct).

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 in Wales other than police authorities (also referred to in this Part as a model code of conduct).

3

The power under subsection (1) or (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

must be consistent with the principles for the time being specified in an order under section 49(1) or 49(2) (as the case may be),

b

may include provisions which are mandatory, and

c

may include provisions which are optional.

F1424A

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.

4C

A model code of conduct issued under subsection (1) may define for the purposes of the code—

  • “official capacity”; and

  • “criminal offence”.

4D

Provision included under subsection (4A) or (4C) in a model code of conduct—

a

must be consistent with the provision for the time being included in an order under section 49(1) by virtue of section 49(2A) or (2C);

b

is to be mandatory except to the extent that it relates to an optional provision;

c

to the extent that it relates to an optional provision, is to be mandatory where that optional provision is incorporated in a code of conduct under section 51.

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, the Secretary of State or 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.

6

For the purpose of facilitating the making of an order under this section, the Secretary of State may invite such body as he considers appropriate to draw up, and send to him, a proposed model code of conduct or proposed revisions to such a model code.

7

An invitation under subsection (6)—

a

must be made in writing,

b

may be made to more than one body,

c

may be limited to particular descriptions of authority,

d

must specify the period within which the proposals are to be drawn up and sent to the Secretary of State,

e

may require different proposals to be drawn up for different authorities or descriptions of authority, and

f

may require any body to which the invitation is made to consult such persons as may be specified in the invitation.

I48C45C44C147C14651C44C146 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.

F1434A

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 or police authority in Wales, 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) by a relevant authority in Wales other than a police authority 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

c

send a copy of the code or revised code—

i

in the case of a relevant authority in England or a police authority in Wales, to the Standards Board for England,

ii

in the case of a relevant authority in Wales, to the F35Public Services Ombudsman for Wales .

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 M31Local Government Act 1972 applies, is not to be a function to which that section applies).

I4952C146 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 F145in 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 M32Local Government Act 1972 may include an undertaking by the declarant that F145in 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 F145in 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 F145in performing his functions he will observe the authority’s code of conduct for the time being under section 51.

F1445

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

I5053C46 Standards committees.

1

Subject to subsection (2), every relevant authority must establish a committee (referred to in this Part as a standards committee) which is to have the functions conferred on it by or under this Part.

2

Subsection (1) does not apply to a parish council or community council.

3

The number of members of a standards committee of a relevant authority in England or a police authority in Wales and their term of office are to be fixed by the authority (subject to any provision made by virtue of subsection (6)(a)).

4

A standards committee of a relevant authority in England or a police authority in Wales must include—

a

at least two members of the authority, and

b

at least one person who is not a member, or an officer, of that or any other relevant authority,

F186and must be chaired by a person falling within paragraph (b) .

F1865

A standards committee of a relevant authority in England which are operating executive arrangements—

a

may not include the elected mayor or executive leader, and

b

may not be chaired by a member of the executive.

6

The Secretary of State may by regulations make provision—

a

as to the size and composition of standards committees of relevant authorities in England and police authorities in Wales,

b

as to the appointment to such committees of persons falling within subsection (4)(b),

c

with respect to the access of the public to meetings of such committees,

d

with respect to the publicity to be given to meetings of such committees,

e

with respect to the production of agendas for, or records of, meetings of such committees,

f

with respect to the availability to the public or members of relevant authorities of agendas for, records of or information connected with meetings of such committees,

g

as to the proceedings and validity of proceedings of such committees.

7

The Standards Board for England—

a

may issue guidance with respect to the size and composition of standards committees of relevant authorities in England and police authorities in Wales, and

b

must send a copy of any such guidance to the Secretary of State.

8

A member of a standards committee of a relevant authority in England or a police authority in Wales who is not a member of the authority is entitled to vote at meetings of the committee.

9

A relevant authority in England and a police authority in Wales must send a statement which sets out the terms of reference, or any revised terms of reference, of their standards committee to the Standards Board for England.

10

A standards committee of a relevant authority in England or a police authority in Wales is not to be regarded as a body to which section 15 of the M33Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

11

The National Assembly for Wales may by regulations make provision—

a

as to the size and composition of standards committees of relevant authorities in Wales other than police authorities (including provision with respect to the appointment to any such committee of persons who are not members of the relevant authority concerned),

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,

e

for or in connection with treating any such committees as bodies to which section 15 of the M34Local Government and Housing Act 1989 does not apply,

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,

k

for or in connection with requiring relevant authorities in Wales (other than police authorities) to send to F25the Public Services Ombudsman for Wales statements which set out the terms of reference of their standards committees.

12

The provision which may be made by virtue of subsection (6)(c) to (f) or (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.

I5154 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.

F1463A

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.

4

The Secretary of State may by regulations make provision with respect to the exercise of functions by standards committees of relevant authorities in England and police authorities in Wales.

5

The National Assembly for Wales may by regulations make provision with respect to the exercise of functions by standards committees of relevant authorities in Wales (other than police authorities).

6

The Standards Board for England may issue guidance with respect to the exercise of functions by standards committees of relevant authorities in England and police authorities in Wales.

7

The National Assembly for Wales may issue guidance with respect to the exercise of functions by standards committees of relevant authorities in Wales (other than police authorities).

54AF7Sub-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 F149...56.

3

A sub-committee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed F147, but this is subject to section 55(7)(b).

4

As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority in England or of a police authority in Wales—

a

regulations under section 53(6)(a) and (c) to (g) may make provision in relation to such sub-committees, and

b

sections 53(7), (8) and (10) and 54(4) and (6) apply in relation to such sub-committees as they apply in relation to standards committees.

5

As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority in Wales other than a police authority—

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 F148section 55(5) and to any provision made by regulations under section 53(6)(a) or (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.

I5255 Standards committees F150... for parish councils.

1

A standards committee of a district council is to have the same functions in relation to—

a

the parish councils for which the district council are the responsible authority, and

b

the members of those parish councils,

as the standards committee has under section 54(1) and (2) in relation to the district council and the members of the district council.

2

A standards committee of a unitary county council is to have the same functions in relation to—

a

the parish councils for which the county council are the responsible authority, and

b

the members of those parish 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.

F1533

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

4

In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge F154a function conferred by this section, a district council or unitary county council must consult the parish councils for which they are the responsible authority.

5

F155 Where a function conferred by this section is to be exercised by a sub-committee of the standards committee of a district council or unitary county council, the number of members of the sub-committee, and the term of office of those members, are to be fixed by the standards committee after consultation with the parish councils for which the district council or unitary county council are the responsible authority.

F1515A

Subsection (5) is subject to any provision made by regulations under section 53(6)(a) (as applied by section 54A).

6

Where the standards committee of a district council or unitary county council discharges F156any function conferred by this section, the standards committee—

a

must include at least one member of any of the parish councils for which the district council or unitary county council are the responsible authority, and

b

must ensure that at least one person falling within paragraph (a) is present at any meeting of the committee when matters relating to those parish councils, or the members of those parish councils, are being considered.

F1577

Where a sub-committee of the standards committee of a district council or unitary county council discharges any function conferred by this section, the sub-committee—

a

must include at least one member of the standards committee who falls within section 53(4)(b);

b

must include at least one member of any of the parish councils for which the district council or unitary county council are the responsible authority; and

c

must ensure that at least one person falling within paragraph (b) is present at any meeting of the sub-committee when matters relating to those parish councils, or the members of those parish councils, are being considered.

8

F158... regulations under section 53(6)(b) may make provision as to the appointment of persons falling within subsection (6)(a) or (7)(a) or (b) of this section.

F1599

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

F16010

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

11

Any function which by virtue of the following provisions of this Part is exercisable by F161... the standards committee of a relevant authority which is a parish council is to be exercisable by F161...—

a

the standards committee of the district council or unitary county council which are the responsible authority in relation to the parish council, or

b

where that standards committee has appointed a sub-committee F162with responsibility for that function, that sub-committee;

F163...

F15211A

Any function which by virtue of the following provisions of this Part is exercisable in relation to the standards committee of a relevant authority which is a parish council is to be exercisable in relation to the standards committee of the district council or unitary county council which are the responsible authority in relation to the parish council.

11B

Any reference in the following provisions of this Part to the standards committee of a relevant authority which is a parish council is to be construed in accordance with subsections (11) and (11A).

12

A district council or unitary county council are the responsible authority—

a

in relation to a parish council which is not a common parish council, if the parish is situated within the area of the district council or county council,

b

in relation to a parish council which is a common parish council—

i

if the parishes in the group are wholly situated within that area, or

ii

where that is not the case, if the greatest number of local government electors for the parishes in the group is situated in that area.

13

In this section “unitary county council” means the council of a county in England in which there are no district councils.

56 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.

56AF136Joint committees of relevant authorities in England

1

The Secretary of State may make regulations under which two or more relevant authorities in England may—

a

establish a joint committee of those authorities; and

b

arrange for relevant functions to be exercisable by that committee.

2

In this section a “relevant function” means a function conferred by or under this Part or any other enactment on the standards committee of any (or each) of the relevant authorities.

3

The regulations may in particular—

a

specify functions in relation to which arrangements may, or may not, be made;

b

make provision, in relation to joint committees or sub-committees of joint committees, which corresponds to or applies (with or without modifications)—

i

any provision of, or that could be made under, regulations under section 53(6) or 54(4),

ii

any provision of section 53(3) to (5), (7) to (9), 54(6) or 54A(1), (3) or (6), or

iii

any provision of section 55(4) to (7).

4

Regulations under this section may modify any provision of this Part, or any other enactment relating to a standards committee or to any function of a standards committee, in relation to cases where a function of a standards committee is exercisable by a joint committee.

5

In this section “enactment” includes any enactment or subordinate legislation, whenever passed or made.

6

Any reference in this section to a relevant authority in England does not include a parish council.

C46C137Chapter II Investigations etc: England

Standards Board for England

I5357 Standards Board for England.

1

There is to be a body corporate known as the Standards Board for England.

2

The Standards Board for England is to consist of not less than three members appointed by the Secretary of State.

3

The Standards Board for England is to have the functions conferred on it by this Part and such other functions as may be conferred on it by order made by the Secretary of State under this subsection.

4

In exercising its functions the Standards Board for England must have regard to the need to promote and maintain high standards of conduct by members and co-opted members of relevant authorities in England.

5

The Standards Board for England—

a

must appoint employees known as ethical standards officers who are to have the functions conferred on them by this Part,

F164aa

may issue guidance to ethical standards officers with respect to the exercise by those officers of their functions,

b

may issue guidance to relevant authorities in England and police authorities in Wales on matters relating to the conduct of members and co-opted members of such authorities,

c

may issue guidance to relevant authorities in England and police authorities in Wales in relation to the qualifications or experience which monitoring officers should possess, and

d

may arrange for any such guidance to be made public.

6

Schedule 4 makes further provision in relation to the Standards Board for England.

F202Written allegations

Annotations:
Amendments (Textual)
F202

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)

57AC137Written allegations: right to make, and initial assessment

1

A person may make a written allegation to the standards committee of a relevant authority in England that a member or co-opted member (or former member or co-opted member) of that authority has failed, or may have failed, to comply with the authority's code of conduct.

C1352

Where a standards committee receives an allegation under subsection (1) it must—

a

refer the allegation to the monitoring officer of the relevant authority concerned (see section 66),

b

refer the allegation to the Standards Board for England (see section 58), or

c

decide that no action should be taken in respect of the allegation.

C1353

Where an allegation under subsection (1) is in respect of a person who—

a

is no longer a member or co-opted member of the relevant authority concerned, but

b

is a member or co-opted member of another relevant authority in England,

the standards committee may, if it thinks it more appropriate than referring the allegation to the monitoring officer of the relevant authority concerned, refer the allegation to the monitoring officer of that other relevant authority.

C132C1354

If the standards committee decides that no action should be taken in respect of the allegation, it must take reasonable steps to give notice in writing, to the person who made the allegation, of the decision and the reasons for the decision.

5

Subsections (2) to (4) are subject to any direction under section 57D.

6

The Standards Board for England—

a

without prejudice to section 54(6), may issue guidance with respect to the exercise of functions under this section and sections 57B and 57C by standards committees of relevant authorities in England;

b

may give a direction to the standards committee of a relevant authority in England with respect to the exercise of the committee's functions under this section.

57BRight to request review of decision not to act

1

This section applies where a decision is made under section 57A(2) that no action should be taken in respect of an allegation.

2

The person who made the allegation may make a request to the standards committee of the relevant authority concerned for that decision to be reviewed.

3

A request under subsection (2)—

a

must be in writing, and

b

may not be made after 30 days beginning with the date of the notice under section 57A(4).

4

Where a request under subsection (2) is received by a standards committee—

a

section 57A(2) to (4) again apply to the standards committee, and

b

it must make a reference under section 57A(2)(a) or (b) or (3), or a decision under section 57A(2)(c), within 3 months beginning with the date it received the request.

5

If by virtue of subsection (4) a decision is made under section 57A(2) that no action should be taken in respect of an allegation, this section does not apply in relation to that decision.

6

Subsection (4) is subject to any direction under section 57D.

57CC137Information to be given to subject of allegation

1

Subsections (2) to (4) apply where a person makes an allegation under section 57A to a standards committee.

C136C1332

The standards committee must take reasonable steps to give a written summary of the allegation to the person who is the subject of the allegation (“P”); but this is subject to regulations under subsection (7).

C136C1333

If the standards committee makes a decision under section 57A(2) that no action should be taken in respect of the allegation, it must take reasonable steps to give notice in writing to P of the decision and the reasons for the decision.

C1364

If the standards committee receives a request under section 57B in relation to the allegation, it must take reasonable steps to give notice in writing to P of the request.

5

The reference in subsection (3) to a decision under section 57A(2) includes a decision under section 57A(2) as applied by section 57B(4) or 58(3).

6

Subsections (2) to (4) are subject to any direction under section 57D.

7

The Secretary of State may by regulations—

a

provide that in circumstances prescribed by the regulations the duty in subsection (2) does not arise at the time the standards committee receives the allegation, and

b

make provision, in relation to cases where that duty has been prevented by the regulations from arising at that time, as to when it does arise.

57DPower to suspend standards committee's functions

1

In such circumstances as may be prescribed, the Standards Board for England may direct that, until such time as the direction may be revoked by the Standards Board for England—

a

sections 57A(2) to (4), 57B(4) and 57C(2) to (4) shall not apply to the standards committee of a specified authority in relation to relevant allegations and relevant requests, and

b

that standards committee must refer any such allegations or requests to a specified body.

2

The body which is specified in the direction may be—

a

the Standards Board for England, or

b

the standards committee of another relevant authority in England, if that committee has consented to being so specified.

3

For the purposes of subsection (1) an allegation is “relevant” if it is an allegation under section 57A which—

a

is received after the direction is given, or

b

was received before then, but is an allegation in respect of which the standards committee has yet to comply with section 57A(2).

4

For the purposes of subsection (1) a request is “relevant” if it is a request under section 57B which—

a

is received after the direction is given, or

b

was received before then, but relates to an allegation in respect of which the standards committee has yet to comply with section 57A(2) (as applied by section 57B(4)).

5

In subsection (3) “received”, in relation to an allegation, means—

a

received under section 57A, or

b

received on a reference back to the standards committee under section 58 or regulations under section 66.

6

The Secretary of State may by regulations make provision—

a

for prescribed provisions of or made under this Part to apply, with or without modifications, where an allegation or request has been referred by reason of a direction (including where it has been referred and subsequently the direction is revoked),

b

prescribing the circumstances in which the power to revoke a direction under this section is exercisable,

c

with respect to the procedure to be followed (including the publicity to be given) where a direction has been made or revoked,

d

modifying section 67(2) in relation to any case where a direction under this section is in force at a time when a Local Commissioner is of the opinion mentioned there,

e

modifying section 67(2A) in relation to any case where a direction under this section is in force at a time when the Public Services Ombudsman for Wales is of the opinion mentioned there.

7

The Standards Board for England may issue guidance in connection with—

a

this section or any regulations under this section, or

b

any direction under this section.

8

In this section—

  • “prescribed” means prescribed by regulations made by the Secretary of State,

  • “specified” means specified in the direction.

I54C137C13458C137F202Allegations referred to Standards Board

1

Where an allegation is referred to the Standards Board for England under section 57A(2), the Standards Board for England must—

a

refer the case to one of its ethical standards officers for investigation under section 59,

b

decide that no action should be taken in respect of the allegation, or

c

refer the allegation back to the standards committee of the relevant authority concerned.

2

If the Standards Board for England decides that no action should be taken in respect of the allegation, it must take reasonable steps to give notice in writing of the decision and the reasons for the decision to—

a

the person who made the allegation, and

b

the person who was the subject of the allegation.

3

On a reference back under subsection (1)(c), section 57A(2) to (4) again apply to the standards committee but as if section 57A(2)(b) were omitted.

4

Subsection (3) is subject to any direction under section 57D.

Functions of ethical standards officers

I5559 Functions of ethical standards officers.

1

The functions of ethical standards officers are to investigate—

a

cases referred to them by the Standards Board for England under section F18758(2)F18758(1), and

b

other cases in which any such officer considers that a member or co-opted member (or former member or co-opted member) of a relevant authority in England has failed, or may have failed, to comply with the authority’s code of conduct and which have come to the attention of any such officer as a result of an investigation under paragraph (a).

2

The Standards Board for England may make arrangements in relation to the assignment of investigations under this section to particular ethical standards officers.

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 F188is no evidence of anyF188has been no failure to comply with the code of conduct of the relevant authority concerned,

b

F189that no action needs to be taken in respect of the matters which are the subject of the investigation,

F189that there has been such a failure to comply but no action needs to be taken,

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 F255First-tier Tribunal for adjudication.

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 in England, 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 an ethical standards officer who reaches a finding under subsectio (4)(c) must decide to which of those monitoring officers to refer the matters concerned).

Investigations F182by ethical standards officers

Annotations:
Amendments (Textual)
F182

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)

I5660C46 Conduct of investigations.

C18C531

An ethical standards officer may arrange for any person to assist him in the conduct of any investigation under section 59.

2

An ethical standards officer to whom an investigation under section 59 is assigned may—

a

cease the investigation at any stage before its completion, and

b

refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned.

3

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 in England, an ethical standards officer may, if he thinks it more appropriate than making such a reference as is mentioned in subsection (2)(b), refer the matters which are the subject of the investigation to the monitoring officer of that other relevant authority.

C18C474

An ethical standards officer may not at any time conduct an investigation under section 59 in relation 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 ethical standards officer 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.

C18C485

An ethical standards officer who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an investigation under section 59—

a

must disclose the nature of his interest to the Standards Board for England, and

b

may not take part in any investigation under that section which relates to that matter.

C19C496

The validity of any acts of an ethical standards officer are not to be affected by any contravention of subsection (4) or (5) or paragraph 3(2) of Schedule 4 or any breach falling within paragraph 3(3) of that Schedule.

C20I57C46C5461C46 Procedure in respect of investigations.

1

The procedure for conducting an investigation under section 59 is to be such as the ethical standards officer considers appropriate in the circumstances of the case.

2

Without prejudice to subsection (1), the ethical standards officer must give any person who is the subject of an investigation under section 59 an opportunity to comment on any allegation that he has failed, or may have failed, to comply with the relevant authority concerned’s code of conduct.

3

An ethical standards officer may, if he thinks fit, pay to persons who attend or furnish information for the purposes of an investigation under section 59—

a

such sums in respect of the expenses properly incurred by them, and

b

such allowances by way of compensation for the loss of their time,

as may be determined by the Secretary of State.

4

The carrying out of an investigation under section 59 is not to affect—

a

any action taken by the relevant authority concerned, or

b

any power or duty of the relevant authority concerned to take further action with respect to any matters which are the subject of the investigation.

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 in England, any reference in subsection (4) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.

I5862C46 Investigations: further provisions.

C21C551

An ethical standards officer, or a person authorised by such an officer, has a right of access at all reasonable times to every document F165...which appears to him necessary for the purpose of conducting an investigation under section 59 F166...

C21C552

An ethical standards officer, or a person authorised by such an officer, may—

a

make such inquiries of any person as he thinks necessary for the purpose of conducting such an investigation,

b

require any person to give him such information or explanation as he thinks necessary for the purpose of conducting such an investigation, and

c

if he thinks necessary, require any person to attend before him in person for the purpose of making inquiries of that person or requiring that person to give any information or explanation.

C21C553

Without prejudice to subsections (1) and (2), a relevant authority must provide an ethical standards officer, or a person authorised by such an officer, with every facility and all information which he may reasonably require for the purposes of conducting an investigation under section 59 in relation to a member or co-opted member (or former member or co-opted member) of the authority.

C22C504

An ethical standards officer, or a person authorised by such an officer, may under this section require any person—

a

to furnish information concerning communications between the authority concerned and any Government department, or

b

to produce any correspondence or other documents forming part of any such communications.

C21C555

No obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, is to apply to the disclosure of information in accordance with subsection (4).

C21C556

Where subsection (4) applies, the Crown is not to be entitled to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.

7

Nothing in this section affects—

a

the restriction, imposed by section 11(2) of the M35Parliamentary Commissioner Act 1967, on the disclosure of information by the Parliamentary Commissioner or his officers,

b

the restriction, imposed by section 32(2) of the M36Local Government Act 1974, on the disclosure of information F190obtained in connection with investigations under Part 3 of that Act (Commission for Local Administration in England), or

c

the restriction, imposed by section 15 of the M37Health Service Commissioners Act 1993, on the disclosure of information by the Health Service Commissioner for England F36or by his officersF37, or

d

the restriction imposed by section 26 of the Public Services Ombudsman (Wales) Act 2005.

C21C558

To assist him in any investigation under section 59, an ethical standards officer may obtain advice from any person who in his opinion is qualified to give it and may pay to any such person such fees or allowances as he may determine with the approval of the Secretary of State.

C21C559

Subject to subsections (5) and (6), no person may be compelled for the purposes of an investigation under section 59 to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the High Court.

C21C5510

A person who without reasonable excuse fails to comply with any requirement under subsection (2) or (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

C21C5511

In this section any reference to documents includes a reference to information held by means of a computer or in any other electronic form.

I5963C46 Restrictions on disclosure of information.

C23C27C51C1201

Information obtained by ethical standards officers under section 61 or 62 must not be disclosed unless one or more of the following conditions is satisfied—

a

the disclosure is made for the purposes of enabling the Standards Board for England, an ethical standards officer, F42the Public Services Ombudsman for Wales F256, the First-tier Tribunal or the president, deputy president or any tribunal of the Adjudication Panel for Wales to perform their functions under this Part,

b

the person to whom the information relates has consented to its disclosure,

c

the information has previously been disclosed to the public with lawful authority,

d

the disclosure is for the purposes of criminal proceedings in any part of the United Kingdom and the information in question was not obtained under section 62(2),

e

the disclosure is made to the Audit Commission for the purposes of any functions of the Audit Commission or an auditor under the M38Audit Commission Act 1998.

F20f

the disclosure is made to the Auditor General for Wales for the purposes of any functions of the Auditor General for Wales or an auditor under Part 2 of the Public Audit (Wales) Act 2004

F191g

the disclosure is made for the purposes of enabling the monitoring officer of a relevant authority to perform functions conferred on him by or under this Part,

h

the disclosure is made to the Commission for Local Administration in England for the purposes of any of its functions,

i

the disclosure is made to the Electoral Commission for the purposes of any of its functions,

j

the disclosure is made to any person specified in an order made by the Secretary of State for the purposes of this paragraph, for purposes so specified.

C24C522

The Secretary of State or a relevant authority in England may give notice in writing to any ethical standards officer with respect to—

a

any document or information specified in the notice, or

b

any class of documents or information so specified,

that, in his or (as the case may be) their opinion, the disclosure of that document or information, or of documents or information of that class, would be contrary to the public interest.

C25C563

Where notice is given under subsection (2) to an ethical standards officer, any document or information specified in the notice, or any document or information of a class so specified, may not be disclosed by the ethical standards officer or any other person.

4

A person who discloses information or a document in contravention of subsection (1) is guilty of an offence and liable—

a

on summary conviction, to imprisonment for a term not exceeding six months, or

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Reports etc. F139by ethical standards officers

Annotations:
Amendments (Textual)

I6064 Reports etc.

1

Where an ethical standards officer determines in relation to any case that a finding under section 59(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 an ethical standards officer determines in relation to any case that a finding under section 59(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 an ethical standards officer determines in relation to any case that a finding under section 59(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 F257First-tier Tribunal for adjudication, and

c

send a copy of the report to the monitoring officer of the relevant authority concerned and to the F258First-tier Tribunal.

F1673A

Where an ethical standards officer produces a report under subsection (1) or (3), he may send a copy of it to the standards committee of the relevant authority concerned if he believes that it will assist that committee in the discharge of its functions under this Part.

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 in England—

a

the references in subsections (1)(b), (c) and (d), (2)(c) F169 , (3)(c) and (3A) to the relevant authority concerned are to be treated as including references to that other relevant authority, and

b

an ethical standards officer who reaches a finding under section 59(4)(c) 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 59 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.

6

An ethical standards officer must—

a

inform any person who is the subject of an investigation under section 59, 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.

F1687

The Secretary of State may by regulations make provision for or in connection with the withdrawal of a reference under subsection (3)(b).

I6165 Interim reports.

1

Where he considers it necessary in the public interest, an ethical standards officer may, before the completion of an investigation under section 59, produce an interim report on that investigation.

2

An interim report under this section may cover more than one investigation under section 59 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 the ethical standards officer producing the interim report—

a

that the person who is the subject of the 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 F20878A, 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 an ethical standards officer 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 F259First-tier Tribunal for adjudication.

F1704A

The Secretary of State may by regulations make provision for or in connection with the withdrawal of a reference under subsection (4).

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 F260First-tier Tribunal.

F1715A

A copy of any report under this section may be given to the standards committee of the relevant authority concerned if the ethical standards officer believes that it will assist that committee in the discharge of its functions under this Part.

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 in England—

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

F172any reference in subsection (5)(b) or (5A) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.

7

In this Part “partially suspended” and cognate expressions are to be construed in accordance with section 83(7) and (8).

65AF137Disclosure by monitoring officers of ethical standards officers' reports

1

Where by virtue of section 64(1)(c) or (d) the monitoring officer of a relevant authority—

a

receives a copy of a report on the outcome of an investigation, or

b

is informed of the outcome of an investigation,

he may inform any relevant person of the outcome of the investigation.

2

Where by virtue of section 64(1)(c) or 65(5) the monitoring officer of a relevant authority receives a copy of a report, he may send a copy of it or of any part of it to any relevant person; but this is subject to subsection (3).

3

A monitoring officer may exercise a power under subsection (2) only where he believes that it will assist in promoting high standards of conduct by the members and co-opted members of the relevant authority.

4

In this section “relevant person” means—

a

any member or co-opted member of the relevant authority;

b

any officer of that authority;

c

where that authority has an executive, any member of the executive.

References to monitoring officers

I6266 Matters referred to monitoring officers.

1

The Secretary of State 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 F17557A, 60(2) or (3) or 64(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 authority in respect of any matters referred to him,

c

enabling a standards committee of a relevant authority to consider any report or recommendations made to it by a monitoring officer of the authority (including provision with respect to the procedure to be followed by the standards committee),

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 the authority who is the subject of any such report or recommendation),

e

the publicity to be given to any such reports, recommendations or action.

F176f

enabling a monitoring officer of a relevant authority, in such circumstances as may be prescribed by the regulations, to refer back any matters that were referred to him under section 57A.

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.

F1743A

Provision made by virtue of subsection (2)(a) and (3) may make provision corresponding to or applying, with or without modifications, any provisions of sections 62 and 63 (including sections 62(10) and 63(4)) or section 67(1), (1A) and (3) to (5).

3B

The provision which may be made by virtue of subsection (2)(b) includes provision for or in connection with—

a

interim reports;

b

the disclosure of reports.

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) of the authority,

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 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.

F1734A

The provision which may be made by virtue of subsection (2)(f) includes provision applying any provisions of section 57A or 57C, with or without modifications, where matters have been referred back by the monitoring officer.

5

Nothing in F177subsections (2) to (4A) or section 66A affects the generality of the power under subsection (1).

6

F178A person who refers any matters to the monitoring officer of a relevant authority under section 57A, 60(2) or (3) or 64(2) or (4), may give directions to the monitoring officer as to the way in which those matters are to be dealt with.

66AF138References to F248First-tier Tribunal for action in respect of misconduct

1

The provision which may be made by regulations under section 66 by virtue of subsection (2)(d) of that section also includes provision for or in connection with—

a

enabling a standards committee, where it considers that the action it could take against a person is insufficient, to refer the case to the F261First-tier Tribunal for a decision on the action that should be taken against the person,

F262b

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

c

enabling F263the First-tier Tribunal to decide what action, of a kind authorised by the regulations, should be taken against the person and enabling F264the tribunal to take that action,

F265d

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

F265e

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

2

The kinds of action that may be authorised by virtue of subsection (1)(c) include any kinds of action that may be authorised in relation to F266the First-tier Tribunal by regulations under section 78A(4) to (6).

F203Information to be provided to Standards Board by relevant authority

Annotations:
Amendments (Textual)
F203

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)

66BPeriodic returns

1

A relevant authority in England must send to the Standards Board, within such period beginning with the end of each relevant period as the Standards Board may direct, a return containing the required information.

2

In subsection (1) “relevant period” means such period as the Standards Board may direct.

3

In subsection (1) “the required information” means such information relating to—

a

allegations under section 57A received by the standards committee of the authority during the relevant period,

b

requests under section 57B so received,

c

the exercise during that period of any functions conferred by or under this Part on the standards committee, or

d

the exercise during that period of any functions conferred by or under this Part on the monitoring officer of the authority,

as the Standards Board may direct.

4

Section 57D(5) (meaning of “received”) applies for the purposes of subsection (3)(a).

5

A return under subsection (1) must be in such form as the Standards Board may direct.

6

Different directions under this section may be given in relation to different relevant authorities or different descriptions of relevant authority.

7

A direction may specify different periods under subsection (2), and may make different provision under subsection (1), (3) or (5) in relation to returns relating to different periods.

8

Any direction under this section may be varied or revoked by a subsequent direction of the Standards Board.

9

In this section and section 66C—

a

references to a relevant authority in England do not include a parish council,

b

“the Standards Board” means the Standards Board for England.

66CInformation requests

1

If the Standards Board requests a relevant authority in England to provide information within subsection (2), the authority must comply with the request by such date as the Standards Board may specify.

2

Information is within this subsection if it is specified in the request and it relates to the exercise of functions conferred by or under this Part on—

a

the standards committee of the relevant authority, or

b

the monitoring officer of the relevant authority.

F183Consultation with ombudsmen

Annotations:
Amendments (Textual)

I6367 Consultation with F38ombudsmen .

1

If, at any stage in the course of conducting an investigation under section 59, an ethical standards officer forms the opinion that the matters which are the subject of the investigation relate partly to a matter which could be the subject of an investigation under Part III of the M39Local Government Act 1974, he may consult the appropriate Local Commissioner about the investigation and, if he considers it necessary, inform any person who made the allegation which gave rise to the investigation of the steps necessary to initiate a complaint under Part III of that Act.

F431A

If, at any stage in the course of conducting an investigation under section 59, an ethical standards officer forms the opinion that the matters which are the subject of the investigation relate partly to a matter which could be the subject of an investigation under Part 2 of the Public Services Ombudsman (Wales) Act 2005, he may consult the Public Services Ombudsman for Wales about the investigation and, if he considers it necessary, inform any person who made the allegation which gave rise to the investigation of the steps necessary to initiate a complaint under Part 2 of that Act.

2

If, at any stage in the course of conducting an investigation under Part III of F44the Local Government Act 1974 , a Local Commissioner forms the opinion that F198the matters which are the subject of the investigation relate partly to a matter which could be the subject of an investigation under section 59 of this Act F192or regulations under section 66 of this Act , he may consult the Standards Board for England F193or the standards committee of the relevant authority concerned about the investigation and F199, where a complaint was made about the matter, he may , if he considers it necessary, inform the person initiating the complaint of the steps necessary to make an allegation under section F19457A.

F452A

If, at any stage in the course of conducting an investigation under Part 2 of the Public Services Ombudsman (Wales) Act 2005, the Public Services Ombudsman for Wales forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under section 59 of this Act F195or regulations under section 66 of this Act, he may consult the Standards Board for England F196or the standards committee of the relevant authority concerned about the investigation and, if he considers it necessary, inform the person initiating the complaint of the steps necessary to make an allegation under section F19757A.

3

Consultation under F46any of subsections (1) to (2A) may relate to any matter concerned with the investigation, including—

a

the conduct of the investigation, and

b

the form, content and publication of any report relating to the investigation.

4

Nothing in section 32(2) of the M40Local Government Act 1974F47 , section 26 of the Public Services Ombudsman (Wales) Act 2005 or section 63(1) of this Act shall apply in relation to the disclosure of information in the course of consultation held in accordance with this section.

5

In this section “Local Commissioner” has the same meaning as in Part III of the M41Local Government Act 1974.

C46Chapter III Investigations etc: Wales

F39Public Services Ombudsman for Wales

Annotations:
Amendments (Textual)
F39

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)

I6468C46F40Public Services Ombudsman for Wales .

1

F26The 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

F48The Public Services Ombudsman for Wales—

a

may issue guidance to relevant authorities in Wales (other than police authorities) on matters relating to the conduct of members and co-opted members of such authorities,

b

may issue guidance to relevant authorities in Wales (other than police authorities) in relation to the qualifications or experience which monitoring officers should possess, and

c

may arrange for any such guidance to be made public.

F273

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 F28...that Act.

F295

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

Investigations

69F41Investigations by the Public Services Ombudsman for Wales.

1

F49The 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 in Wales 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 in Wales 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 F50the 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 in Wales, 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 F51if 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).

I6570C46 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).

C1192

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, or

F30b

any provisions of sections 13 to 15, 25 to 27 and 32 of the Public Services Ombudsman (Wales) Act 2005.

3

F52The Public Services Ombudsman for Wales may cease an investigation under section 69 at any stage before its completion.

4

Where F53the 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 in Wales, F53the 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.

71 Reports etc.

1

Where F54 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 F54 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 F54 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 in Wales—

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

F55if 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

F56The 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.

72 Interim reports.

1

Where he considers it necessary in the public interest, F57the 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 F57the 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 F57the 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 in Wales—

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

I6673 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 F18070(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 authority in respect of any matters referred to him,

c

enabling a standards committee of a relevant authority to consider any report or recommendations made to it by a monitoring officer of the authority (including provision with respect to the procedure to be followed by the standards committee),

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 the 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) of the authority,

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 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).

6

In its application to police authorities in Wales, subsection (1) has effect as if for the reference to the National Assembly for Wales there were substituted a reference to the Secretary of State.

7

Where F58the Public Services Ombudsman for Wales refers any matters to the monitoring officer of a relevant authority under section F179 70(4) or (5) or 71(2) or (4) he may give directions to the monitoring officer as to the way in which those matters are to be dealt with.

74 Law of defamation.

For the purposes of the law of defamation, any statement (whether written or oral) made by F59the Public Services Ombudsman for Wales in connection with the exercise of his functions under this Part shall be absolutely privileged.

Chapter IV Adjudications

F249The Adjudication Panel for Wales

Annotations:
Amendments (Textual)
F249

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)

I6775F250Adjudication Panel for Wales.

F2671

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

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.

F2683

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

F2684

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

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.

F2697

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

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.

F2709

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

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.

F27111

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

Case tribunals and interim case tribunals

I6876 Case tribunals and interim case tribunals.

1

Adjudications in respect of matters referred to the president of the F277Adjudication Panel for Wales under section F278... 71(3) are to be conducted by tribunals (referred to in this Part as case tribunals) consisting of not less than three members of the Panel.

2

Adjudications in respect of matters referred to the president of the F279Adjudication Panel for Wales under section F280... 72(4) are to be conducted by tribunals (referred to in this Part as interim case tribunals) consisting of not less than three members of the Panel.

3

The president of the F281Adjudication Panel for Wales (or in his absence the deputy president) is to appoint the members of any case tribunal or interim case tribunal.

4

A case tribunal drawn from the F282Adjudication Panel for Wales may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section F283... 71(3).

5

An interim case tribunal drawn from the F284Adjudication Panel for Wales may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section F285...72(4).

6

The president or the deputy president of the F286Adjudication Panel for Wales may be a member of a case tribunal or interim case tribunal drawn from the Panel.

7

A member of the F287Adjudication 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 F288Adjudication 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

Where there is no deputy president of the F272Adjudication Panel for Wales, the reference in subsections (3) and (8) to the deputy president is to be treated as a reference to such member of the Panel as F273...the National Assembly for Wales may specify.

F2749A

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

10

A person who is a member of an interim case tribunal which, as a result of an investigation under section F289... 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.

F29011

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

F27512

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

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.

F27615

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

Adjudications

I6977 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.

F2922

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

F2923

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

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 a 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) F291, or with any corresponding requirement imposed by Tribunal Procedure Rules in relation to proceedings under this Act before the First-tier Tribunal, 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.

I70C14478 Decisions of F251the First-tier Tribunal or interim case tribunals.

1

F294In adjudicating on any of the matters which are the subject of an interim report, the 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 65(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 F213relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.

F2092

If the decision of F295the tribunal concerned is as mentioned in subsection (1)(a), the tribunal must give notice of its decision to the standards committee of the relevant authority concerned.

3

If the decision of F296the tribunal concerned 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).

4

A decision of F297the First-tier Tribunal under this section shall not prevent an ethical standards officer from continuing with the investigation under section 59 which gave rise to the interim report concerned and producing a report under section 64, or a further interim report under section 65, in respect of any matters which are the subject of the investigation.

5

A decision of an interim case tribunal under this section shall not prevent F60 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

The suspension or partial suspension of any person under this section shall not extend beyond the day on which a notice F212is given by virtue of section 78A or 79 to the standards committee of the relevant authority concerned with respect to that person.

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.

F2118

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

where the relevant authority concerned is in England, the other relevant authority is also in England,

b

where the relevant authority concerned is in Wales, the other relevant authority is also in Wales.

9

F298The First-tier Tribunal or (as the case may be) an interim case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the investigation under section 59 or 69 of its decision under this section.

F2939A

Where 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

An 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

An 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

In 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

F299Where 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.

F21011

An appeal may not be brought under subsection (10) except with the leave of the High Court.

78AF206Decisions of F252First-tier Tribunal

F3001

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

2

F301Where the First-tier Tribunal adjudicates on any matter under this Act, it 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.

3

Where F302the 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.

4

Where F303the tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned, it may—

a

take in respect of him any action authorised by regulations made by the Secretary of State for the purposes of this subsection, or

b

decide to take no action against him.

5

Regulations made under subsection (4) may in particular—

a

enable the tribunal to censure the person,

b

enable it to suspend, or partially suspend, the person from being a member or co-opted member of the relevant authority concerned for a limited period,

c

enable it to disqualify the person, for a period not exceeding five years, for being or becoming (whether by election or otherwise) a member of that or any other relevant authority.

6

The reference in subsection (5)(b) to the relevant authority concerned is to be read, in relation to a person who 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 in England, as a reference to that other relevant authority.

7

Regulations made by the Secretary of State may require F304the First-tier Tribunal to give a notice to the standards committee of the relevant authority concerned where it decides that a person has failed to comply with the code of conduct of that authority and—

a

decides to suspend or partially suspend the person,

b

decides to disqualify the person,

c

decides to take action against the person other than suspension, partial suspension or disqualification, or

d

decides to take no action against him.

8

Regulations under subsection (7) may—

a

prescribe the content of any notice,

b

provide for the effect that any notice is to have,

c

provide for provisions of the regulations to have effect with prescribed modifications 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 in England.

C14578BF253Section 78A: supplementary

1

A copy of any notice given under section 78A(3) or under regulations made under section 78A(7)—

a

must be given to the Standards Board for England,

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.

2

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 in England, the following references to the relevant authority concerned are to be treated as including references to that other relevant authority—

a

the second reference in section 78A(3);

b

the reference in subsection (1)(c) above.

3

Where F306the First-tier Tribunal adjudicates on any matter under this Act, it must take reasonable steps to give notice of its decision to any person who made any allegation which gave rise to the adjudication.

4

Where F307the First-tier Tribunal decides under section 78A that a person has failed to comply with the code of conduct of the relevant authority concerned, that person may appeal to F308the Upper Tribunal against that decision, or any other decision made by the tribunal by virtue of section 78A which relates to him F309(unless the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007).

F3055

An appeal may not be brought under subsection (4) on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007).

6

An appeal may be brought under subsection (4) 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.

7

In any case where the Upper Tribunal is determining an appeal under subsection (4), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply.

I7179F214Decisions of case tribunals: Wales .

F215A1

In this section “Welsh case tribunal” means a case tribunal drawn from the Adjudication Panel for Wales.

1

A F222Welsh 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 F222Welsh 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 F222Welsh 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 F222Welsh 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 F222Welsh 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 F222Welsh 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 F222Welsh 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 F219is suspended or partially suspended for the period, and in the way, which the tribunal has decided.

F2209

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 F222Welsh 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—

F217a

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 in F218Wales —

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,

F221b

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

A F222Welsh case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the adjudication of the decision of the F222Welsh case tribunal under this section.

15

Where a F222Welsh 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.

F21616

An appeal may not be brought under subsection (15) except with the leave of the High Court.

I7280 Recommendations by F254First-tier Tribunal or case tribunals.

1

F310Where the First-tier Tribunal or 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

F311The tribunal concerned 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 relevant person 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 M42Local Government Act 1972 applies, is not to be a function to which that section applies).

5

If the relevant person is not satisfied with the action the relevant authority have taken or propose to take in relation to the recommendations, the relevant person 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.

6

In this section “the relevant person” means—

a

the Standards Board for England where the relevant authority concerned is in England,

b

F61the Public Services Ombudsman for Wales where the relevant authority concerned is in Wales.

C46Chapter V Supplementary

Disclosure and registration of members’ interests etc.

I7381 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 committee in accordance with regulations made under subsection (5).

5

The Secretary of State may prescribe in regulations the circumstances in which standards committees may grant dispensations under subsection (4).

6

A relevant authority must ensure that 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.

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

b

F62 if it is a relevant authority in England or a police authority in Wales, inform the Standards Board for England that copies of the register are so available.

F63c

if it is a relevant authority in Wales, inform the Public Services Ombudsman for Wales that copies of the register are so available.

8

In its application to standards committees of relevant authorities in Wales (other than police authorities), subsection (5) has effect as if for the reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.

Code of conduct for local government employees

I7482C46 Code of conduct for local government employees.

1

The Secretary of State may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities in England and police authorities in Wales.

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 in Wales (other than police authorities).

3

The power under subsection (1) or (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.

4

Before making an order under this section, the Secretary of State must consult—

a

such representatives of relevant authorities in England, and of employees of such authorities, as he considers appropriate,

b

the Audit Commission, and

c

the Commission for Local Administration in England.

5

Before making an order under this section so far as it relates to police authorities in Wales, the Secretary of State must consult—

a

such representatives of police authorities in Wales, and of employees of such authorities, as he considers appropriate,

F21aa

the Auditor General for Wales,

b

F31the Public Services Ombudsman for Wales , and

c

the National Assembly for Wales.

6

Before making an order under this section, the National Assembly for Wales must consult—

a

such representatives of relevant authorities in Wales, and of employees of such authorities, as it considers appropriate,

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—

a

in relation to England, by the Secretary of State, and

b

in relation to Wales, by the National Assembly for Wales.

F8Delegation by monitoring officers

Annotations:
Amendments (Textual)
F8

S. 82A and cross-heading inserted (18.11.2003) by Local Government Act 2003 (c. 26), ss. 113(2), 128(2)(d)

82AMonitoring officers: delegation of functions under Part 3

1

This section applies to functions of a monitoring officer of a relevant authority in relation to matters referred to him under section F181 57A, 60(2) or (3), 64(2) or (4), 70(4) or (5) or 71(2) or (4) .

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

I7583 Interpretation of Part III.

1

In this Part—

  • “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England F200...,

  • “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),

  • “ethical standards officer” means a person appointed under section 57(5)(a),

  • “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 F129section 11(2A)(a) or (3)(a),

  • “interim case tribunal” has the meaning given by section 76(2),

  • F64...

  • “model code of conduct” is to be construed in accordance with section 50(1) and (2),

  • “police authority” means a police authority established under section 3 of the M43Police Act 1996,

  • F312...

  • “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.

4

Any reference in this Part to a member of a relevant authority, in the case of the Greater London Authority, is a reference to the Mayor of London or a London Assembly member.

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.

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.

12

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 parish council is to be exercisable by or in relation to the monitoring officer of the district council or unitary county council which are the responsible authority in relation to the parish council; and any reference in this Part to the monitoring officer of a relevant authority which is a parish council is to be construed accordingly.

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.

15

Any functions which are conferred on the Greater London Authority by virtue of this Part are to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.

16

Subsections (12) and (13) of section 55 are to apply for the purposes of subsection (12) as they apply for the purposes of that section.

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.

F130A1

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 F131in 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 M44Local Government Act 1992 is amended as mentioned in subsections (2) and (3).

F3142

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

F3143

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

4

In section 6(2)(a) of the M45Local 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.

I7690 Surcharge etc.

1

The M46Audit 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.

Annotations:
Commencement Information
I76

S. 90 partly in force; s. 90 not in force at Royal Assent, see s. 108(3)(7); s. 90 in force (E.) at 27.7.2002 by S.I. 2002/1718, art. 2(a); s. 90 in force (W.) in relation to police authorities by S.I. 2002/1718, art. 2(a)

Marginal Citations

I7791 Advisory notices.

1

After section 19 of the M47Audit Commission Act 1998 there is inserted—

19A Other bodies: advisory notices.

1

The auditor for the time being of the accounts of a body subject to audit other than a health service body may issue a notice under this section (“an advisory notice”) if he has reason to believe that the body or an officer of the body—

a

is about to make or has made a decision which involves or would involve the body incurring expenditure which is unlawful,

b

is about to take or has begun to take a course of action which, if pursued to its conclusion, would be unlawful and likely to cause a loss or deficiency, or

c

is about to enter an item of account, the entry of which is unlawful.

2

For the purposes of this section and section 19B the actions of—

a

a committee or sub-committee of a body, or

b

any other person (other than an officer) authorised to act on behalf of the body,

are to be treated as the actions of the body itself.

3

An advisory notice is a notice which—

a

is addressed to the body or officer concerned,

b

specifies the paragraph of subsection (1) which is relevant and the decision, course of action or item of account to which the notice relates,

c

specifies that the notice will take effect on the day a copy of the notice is served on the person to whom it is addressed, and

d

requires the body or officer before—

i

making or implementing the decision,

ii

taking or continuing to take the course of action, or

iii

entering the item of account,

(as the case may be) to give the person who is for the time being the auditor of the accounts of the body not less than the specified number of days’ notice in writing of the intention of the body or officer to do that thing,

and in paragraph (d) the reference to the specified number is to such number not exceeding 21 as is specified in the notice.

4

Where two or more auditors are appointed in relation to the accounts of any body—

a

the power to issue an advisory notice may be exercised by the auditors acting jointly or by such one of them as they may determine, and

b

in relation to such a notice, references in subsections (5) and (6) to the auditor are references to the auditor or auditors by whom the notice is issued.

5

A copy of an advisory notice—

a

shall be served on the body to which, or to an officer of which, it is addressed,

b

in the case of a notice addressed to an officer, shall also be served on him, and

c

may be served on such other person or persons as the auditor considers appropriate.

6

The auditor shall serve a statement of his reasons for the belief referred to in subsection (1) on the body concerned, and on any officer on whom a copy of the notice was served under subsection (5)(b), before the end of the period of 7 days beginning on the day on which a copy of the notice was served on the person to whom it is addressed.

7

Where this section requires any document to be served on an officer of a body, it shall be served on him by addressing it to him and delivering it to him or leaving it at, or sending it by post to, the office at which he is employed.

8

An advisory notice may at any time be withdrawn by the person who is for the time being the auditor in relation to the accounts of the body to which, or to an officer of which, the notice was addressed, and the auditor shall give notice in writing of the withdrawal to any body or person on whom a copy of the advisory notice was served under subsection (5).

19B Effect of an advisory notice.

1

While an advisory notice has effect, it is not lawful for the body concerned or any officer of that body—

a

where the notice relates to a decision, to make or implement the decision,

b

where the notice relates to a course of action, to take or continue to take the course of action, or

c

where the notice relates to an item of account, to enter the item of account,

unless and until the conditions set out in subsection (2) are satisfied.

2

The conditions are—

a

that the body has considered, in the light of the advisory notice and the statement under section 19A(6), the consequences of doing the thing mentioned in the paragraph of subsection (1) which is relevant,

b

that the body or officer has given the person who is for the time being the auditor of the accounts of the body the period of notice in writing required by the advisory notice under section 19A(3)(d), and

c

that that period has expired.

3

An advisory notice takes effect on the day on which a copy of the notice is served on the person to whom it is addressed, and ceases to have effect—

a

where a statement of reasons is not served in accordance with subsection (6) of section 19A, at the end of the period specified in that subsection, or

b

when it is withdrawn under section 19A(8).

4

Any expenses reasonably incurred by an auditor in or in connection with the issue of an advisory notice are recoverable by him from the body concerned.

5

In this section “the body concerned”, in relation to an advisory notice, means the body to which, or to any officer of which, the notice is addressed.

19C.—(1) Where—

a

before an advisory notice is served, a body enters into a contract to dispose of or acquire an interest in land, and

b

before the disposal or acquisition is completed, an advisory notice takes effect as a result of which it is unlawful for the body to complete the disposal or acquisition,

the existence of the advisory notice does not prejudice any remedy in damages which may be available to any person by reason of the body’s failure to complete the contract.

2

No action lies against an auditor in respect of loss or damage alleged to have been caused by reason of the issue of an advisory notice which was issued in good faith.

2

Sections 20 to 23 of the M48Audit Commission Act 1998 (prohibition orders) cease to have effect.

Annotations:
Commencement Information
I77

S. 91 partly in force; s. 91 not in force at Royal Assent see s. 108; s. 91 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2

Marginal Citations

Maladministration etc.

C26I7892 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.

Annotations:
Commencement Information
I78

S. 92 wholly in force at 28.7.2001; s. 92 not in force at Royal Assent see s. 108; s. 92 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 92 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Modifications etc. (not altering text)
C26

S. 92: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Welfare services

I7993 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—

    1. 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,

    2. b

      in relation to Wales, a county council or a county borough council,

  • “welfare services” includes services which provide support, assistance, advice or counselling to individuals with particular needs.

F204I80C39C4394 Disclosure of information.

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

F205I8195 Unauthorised disclosure of information.

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

96 Housing benefit.

1

Section 130 of the M49Social 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

I8297 Background papers.

1

In section 100D of the M50Local 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.

Annotations:
Commencement Information
I82

S. 97 wholly in force at 28.7.2001; s. 97 not in force at Royal Assent see s. 108; s. 97 in force at 1.10.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 3; s. 97 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

I8398 Meetings and documents: notice etc.

1

In section 100K of the M51Local 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.

Annotations:
Commencement Information
I83

S. 98 wholly in force at 28.7.2001; s. 98 not in force at Royal Assent see s. 108; s. 98 in force at 1.10.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 3; s. 98 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Allowances and pensions

I8499 Allowances and pensions for certain local authority members.

1

The provision which may be made by regulations under section 7 of the M52Superannuation 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.

2

In subsection (1) “local authority” has the same meaning as in Part II of this Act.

3

Section 18 of the M53Local 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.

Annotations:
Commencement Information
I84

S. 99 wholly in force at 28.7.2001; s. 99 not in force at Royal Assent see s. 108(4); s. 99(1)-(3)(5)-(9) with the exception of so much of subsection (3) as relates to subsection (4) in force at 19.2.2001 in relation to England only by S.I. 2001/415, art. 2(b); s. 99 in force at 28.7.2001 in so far as not already in force see s. 108(4)

Marginal Citations

I85100 Power to make provision about allowances.

1

The Secretary of State may by regulations make provision with respect to—

a

allowances payable to members of a parish council,

b

travelling and subsistence allowances payable to members of such relevant authorities as may be prescribed,

c

allowances payable to members of such relevant authorities as may be prescribed for attending conferences or meetings,

d

the reimbursement of expenses incurred by members of such relevant authorities as may be prescribed.

2

For the purposes of this section a member of a committee or sub-committee of a relevant authority is to be treated as a member of the authority.

3

The provision which may be made under subsection (1)(b) includes provision with respect to allowances in respect of travel by bicycle or by any other non-motorised form of transport.

4

The provision which may be made under this section includes provision which amends or repeals any provisions of sections 173 to 178 of the M54Local Government Act 1972.

5

Before making any regulations under this section, the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.

6

In this section—

  • “prescribed” means prescribed by regulations made by the Secretary of State,

  • “relevant authority” means—

    1. a

      a body specified in section 21(1) of the M55Local Government and Housing Act 1989,

    2. b

      a body on which a body falling within paragraph (a) is represented,

    3. c

      a parish council.

7

In its application to Wales this section has effect as if—

a

for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales,

b

for any reference to a parish council there were substituted a reference to a community council.

Annotations:
Commencement Information
I85

S. 100 wholly in force at 19.2.2001; s. 100 not in force at Royal Assent see s. 108; s. 100 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 100 in force at 19.2.2001 in relation to England only by S.I. 2001/415, art. 2(b)

Marginal Citations

Indemnification of members and officers of relevant authorities

I86C109C118101 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 and police authorities in Wales 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 (other than police authorities) 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—

    1. i

      a member of any committee or sub-committee of the authority, or

    2. ii

      a person who is a member of, and represents the authority on, any joint committee or sub-committee,

  • “police authority” and “relevant authority” have the same meaning as in Part III of this Act.

Social services functions

I87102 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

I88103 Recoupment by local authorities of cost of providing day care.

1

In subsection (3) of section 29 of the M56Children 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.

Annotations:
Commencement Information
I88

S. 103 wholly in force at 28.7.2001; s. 103 not in force at Royal Assent see s. 108; s. 103 in force at 25.8.2000 in relation to England by S.I. 2000/2420, art. 2; s. 103 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Prohibition on promoting homosexuality: bullying

F10104 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.

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

F15Subject to subsection (6A),a statutory instrument which contains an order under section 3(3), 5, 6, 49 F201 , 63(1)(j) or 101, or regulations under section 11(5), 31(1)(b), 32, F13233O(6), 44 or 45, 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.

F166A

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.

8

In this section “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the M57Interpretation Act 1978).

106 Wales.

1

In their application to Wales—

a

Part II (but not section 44 or paragraph 7 of Schedule 1),

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.

I89107 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.

Annotations:
Commencement Information
I89

S. 107 partly in force; s. 107 not in force at Royal Assent see s. 108(4); s. 107(2) in force at 1.10.2000 for certain purposes in relation to England only by S.I. 2000/2187, arts. 1(3), 3; s. 107(2) in force at 18.10.2000 for certain purposes in relation to England only by S.I. 2000/2836, arts. 1(3), 2(c); s. 107 in force at 26.10.2000 for certain purposes by S.I. 2000/2849, arts. 1(3), 2(h); s. 107(2) in force at 9.4.2001 with application to Wales only by S.I. 2001/1471, art. 2; s. 107 in force at 28.7.2001 for certain purposes see s. 108(4)-(6)

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 M58Education 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 M59Local Government Act 1972,

ii

of sections 94 to 98 and 105 of that Act,

iii

in section 265A(1)(b) of that Act,

iv

of the provisions of the M60Local Government Act 1974, the M61Local Government Act 1985, the M62Transport Act 1985 and the M63Financial Services Act 1986 specified in Schedule 6,

v

of sections 19, 31 and 32(1) of the M64Local Government and Housing Act 1989,

vi

in Schedule 11 to that Act,

vii

of the provisions of the M65Local Government Finance Act 1992, the M66Local Government (Wales) Act 1994, the M67Police and Magistrates’ Courts Act 1994, the Environment Act 1995, the M68Police M69 Act 1996, the Police Act 1997, the M70Audit M71 Commission Act 1998 and the M72Greater 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.