Part I Promotion of economic, social or environmental well-being etc
Interpretation
I11 Meaning of “local authority” in Part I.
F1811
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,
F182vi
an eligible parish council,
b
in relation to Wales, a county council or a county borough council F263or a community council.
F1832
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
C1I2C1192 Promotion of well-being.
1
Every local authority F389in Wales are to have power to do anything which they consider is likely to achieve any one or more of the following objects—
a
the promotion or improvement of the economic well-being of their area,
b
the promotion or improvement of the social well-being of their area, and
c
the promotion or improvement of the environmental well-being of their area.
2
The power under subsection (1) may be exercised in relation to or for the benefit of—
a
the whole or any part of a local authority’s area, or
b
all or any persons resident or present in a local authority’s area.
F3883
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3883A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1953B
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).
F2643C
The community strategy for the area of a community council is the strategy referred to in subsection (3B) that is published by the county council or county borough council in whose area lies the community or communities for which the community council is established.
4
The power under subsection (1) includes power for a local authority to—
a
incur expenditure,
b
give financial assistance to any person,
c
enter into arrangements or agreements with any person,
d
co-operate with, or facilitate or co-ordinate the activities of, any person,
e
exercise on behalf of any person any functions of that person, and
f
provide staff, goods, services or accommodation to any person.
5
The power under subsection (1) includes power for a local authority to do anything in relation to, or for the benefit of, any person or area situated outside their area if they consider that it is likely to achieve any one or more of the objects in that subsection.
6
Nothing in subsection (4) or (5) affects the generality of the power under subsection (1).
I33 Limits on power to promote well-being.
1
The power under section 2(1) does not enable a local authority to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in any enactment (whenever passed or made).
C202
The power under section 2(1) does not enable a local authority to raise money (whether by precepts, borrowing or otherwise).
3
The F391Welsh Ministers may by order make provision preventing local authorities from doing, by virtue of section 2(1), anything which is specified, or is of a description specified, in the order.
F103A
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
F124A
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 F391Welsh Ministers about the exercise of that power.
6
Before issuing any guidance under subsection (5), the F391Welsh Ministers must consult such representatives of local government and such other persons (if any) as he considers appropriate.
F3907
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
C1201
Every local authority F196in England must prepare a strategy (referred to in this section as a F61sustainable 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 F62sustainable community strategy .
3
In preparing or modifying their F63sustainable community strategy , a local authority—
a
must consult and seek the participation of F65—
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, F258...
F257aa
must, if it is a local authority in England, have regard to the following, so far as they relate to the authority's area—
i
any arrangements made under section 21 of the Child Poverty Act 2010 (co-operation to reduce child poverty in local area);
ii
any local child poverty needs assessment prepared under section 22 of that Act (local child poverty needs assessment);
iii
any joint child poverty strategy prepared under section 23 of that Act (joint child poverty strategy for local area), 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.
F1975
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F646
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).
4AF184Strategies: parishes
1
The duty in section 4 to prepare a community strategy does not apply to an eligible parish council.
F3922
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3923
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F664
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
F67The 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).
F2657
The reference to local authorities in subsection (1) does not include community councils.
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 F68so 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 F69in England,
b
particular local authorities F70in England, or
c
particular descriptions of local authority F71in 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.
F725
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F736
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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), F74the Welsh Ministers may by order amend, repeal, revoke or disapply any enactment F75(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.
F762
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F77the 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.
F786
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M3Interpretation Act 1978).
F798
An order under this section may not make a provision which, if it were a provision of F260an Act of the National Assembly for Wales, would be outside the Assembly's legislative competence.
9
For the purposes of subsection (8), F261section 108(4) of the Government of Wales Act 2006 (Legislative competence) has effect as if paragraph (a) were omitted.
10
Subject to subsection (11), a statutory instrument which contains an order under this section is not to be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.
11
A statutory instrument containing an order under this section which is made only for the purpose of amending an earlier such order—
a
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
b
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,
is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
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 F80the 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 F81the 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).
F138
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.
9AF108Procedure 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.
F421PART 1AArrangements with respect to local authority governance in England
CHAPTER 1Permitted forms of governance
9BPermitted forms of governance for local authorities in England
1
A local authority must operate—
a
executive arrangements,
b
a committee system, or
c
prescribed arrangements.
2
Executive arrangements must conform with any provisions made by or under this Part which relate to such arrangements (see, in particular, Chapter 2).
3
A committee system must conform with any provisions made by or under this Part which relate to such a system (see, in particular, Chapter 3).
4
In this Part—
“a committee system” means the arrangements made by a local authority, which does not operate executive arrangements or prescribed arrangements, for or in connection with the discharge of its functions in accordance with—
- a
Part 6 of the Local Government Act 1972, and
- b
this Part;
- a
“executive arrangements” means arrangements by a local authority—
- a
for and in connection with the creation and operation of an executive of the authority, and
- b
under which certain functions of the authority are the responsibility of the executive;
- a
“prescribed arrangements” means such arrangements as may be prescribed in regulations made by the Secretary of State under section 9BA.
9BAPower of Secretary of State to prescribe additional permitted governance arrangements
1
The Secretary of State may by regulations make provision prescribing arrangements that local authorities may operate for and in connection with the discharge of their functions.
2
In particular, the regulations—
a
must include provision about how, and by whom, the functions of a local authority are to be discharged, and
b
may include provision enabling functions to be delegated.
3
Regulations under this section may, in particular, include provision which applies or reproduces (with or without modifications) any provisions of, or any provision made under, Chapters 2 to 4 of this Part.
4
In considering whether or how to exercise the power in this section, the Secretary of State must have regard to any proposals made under subsection (5).
5
A local authority may propose to the Secretary of State that the Secretary of State make regulations prescribing arrangements specified in the proposal if the authority considers that the conditions in subsection (6) are met.
6
The conditions are—
a
that the operation by the authority of the proposed arrangements would be an improvement on the arrangements which the authority has in place for the discharge of its functions at the time that the proposal is made to the Secretary of State,
b
that the operation by the authority of the proposed arrangements would be likely to ensure that the decisions of the authority are taken in an efficient, transparent and accountable way, and
c
that the arrangements, if prescribed under this section, would be appropriate for all local authorities, or for any particular description of local authority, to consider.
7
A proposal under subsection (5)—
a
must describe the provision which the authority considers should be made under subsection (2) in relation to the proposed arrangements, and
b
explain why the conditions in subsection (6) are met in relation to the proposed arrangements.
CHAPTER 2Executive arrangements
Local authority executives
9CLocal authority executives
1
The executive of a local authority must take a form specified in subsection (2) or (3).
2
The executive may consist of—
a
an elected mayor of the authority, and
b
two or more councillors of the authority appointed to the executive by the elected mayor.
Such an executive is referred to in this Part as a mayor and cabinet executive.
3
The executive may consist of—
a
a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and
b
two or more councillors of the authority appointed to the executive by the executive leader.
Such an executive is referred to in this Part as a leader and cabinet executive (England).
4
A local authority executive may not include the chairman or vice-chairman of the authority.
5
The number of members of a local authority executive may not exceed 10 or such other number as may be specified in regulations made by the Secretary of State.
6
Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under subsection (3)(a).
Executive functions
9DFunctions which are the responsibility of an executive
1
This section has effect for the purposes of determining which of the functions of a local authority that operates executive arrangements are the responsibility of an executive of the authority under those arrangements.
2
Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of the local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.
3
The Secretary of State may by regulations make provision for any function of a local authority specified in the regulations—
a
to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,
b
to be a function which may be the responsibility of such an executive under such arrangements, or
c
to be a function which—
i
to the extent provided by the regulations, is to be the responsibility of such an executive under such arrangements, and
ii
to the extent provided by the regulations, is not to be the responsibility of such an executive under such arrangements.
4
Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—
a
to be a function which is to be the responsibility of an executive of the authority,
b
to be a function which is not to be the responsibility of such an executive, or
c
to be a function which—
i
to the extent provided by the arrangements, is to be the responsibility of such an executive, and
ii
to the extent provided by the arrangements, is not to be the responsibility of such executive.
5
The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority that operates executive arrangements—
a
to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of the local authority, and
b
to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.
6
The Secretary of State may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.
7
A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the Local Government Act 1972, or any provision of that section, does not apply to that function.
8
Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.
9
In this section—
“action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—
- a
the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
- b
the doing of anything incidental or conducive to the discharge of the function, or
- c
the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b);
- a
“function” means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.
9DAFunctions of an executive: further provision
1
Any reference in the following provisions of this Chapter to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of section 9D, the responsibility of the executive under such arrangements.
2
Any function which is the responsibility of an executive of a local authority under executive arrangements—
a
is to be regarded as exercisable by the executive on behalf of the authority, and
b
may be discharged only in accordance with any provisions made by or under this Part or section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England) which apply to the discharge of any such function by that form of executive.
3
Accordingly, any function which is the responsibility of an executive of a local authority under executive arrangements—
a
may not be discharged by the authority,
b
is not to be a function to which section 101(1) of the Local Government Act 1972 applies, and
c
may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 9EB.
4
Subject to any provision made under subsection (5), any function of a local authority that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Chapter.
5
The Secretary of State may by regulations make provision with respect to the discharge of any function of a local authority that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the local authority (including provision disapplying section 101 of the Local Government Act 1972 or any provision of that section).
6
In this section “function” has the same meaning as in section 9D.
Discharge of functions
9EDischarge of functions: general
1
Subject to any provision made under section 9EA or 9EB, any functions which, under executive arrangements, are the responsibility of—
a
a mayor and cabinet executive, or
b
a leader and cabinet executive (England),
are to be discharged in accordance with this section.
2
The senior executive member—
a
may discharge any of those functions, or
b
may arrange for the discharge of any of those functions—
i
by the executive,
ii
by another member of the executive,
iii
by a committee of the executive,
iv
by an area committee, or
v
by an officer of the authority.
3
Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the senior executive member otherwise directs, the executive may arrange for the discharge of any of those functions—
a
by a committee of the executive,
b
by an area committee, or
c
by an officer of the authority.
4
Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the senior executive member otherwise directs, the member who may discharge the functions may arrange for the discharge of any of those functions—
a
by an area committee, or
b
by an officer of the authority.
5
Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions—
a
by an area committee, or
b
by an officer of the authority.
6
Where by virtue of this section any functions may be discharged by an area committee, then, unless the senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.
7
Any arrangements made by virtue of this section by a senior executive member, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the senior executive member, executive, member or committee by whom the arrangements are made from exercising those functions.
8
In this section—
“area committee”, in relation to a local authority, means a committee or sub-committee of the authority which satisfies the conditions in subsection (9);
“senior executive member” means—
- a
in the case of a mayor and cabinet executive, the elected mayor;
- b
in the case of a leader and cabinet executive (England), the executive leader.
- a
9
A committee or sub-committee of a local authority satisfies the conditions in this subsection if—
a
the committee or sub-committee is established to discharge functions in respect of part of the area of the authority, and
b
the members of the committee or sub-committee who are members of the authority are elected for electoral divisions or wards which fall wholly or partly within that part.
9EADischarge of functions of and by another local authority
1
The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive—
a
by a relevant authority (other than the local authority), or
b
by a relevant executive (other than an executive of the local authority) or a committee or specified member of such an executive.
2
The Secretary of State may by regulations make provision for or in connection with enabling a relevant authority in England to arrange for the discharge of any of its functions by a relevant executive (other than an executive of the relevant authority) or a committee or specified member of such an executive.
3
The reference in subsection (2) to the functions of a relevant authority in England, in a case where the authority is operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority's executive.
4
Regulations under subsection (1) or (2) may, in particular, include provision—
a
requiring, in the case of arrangements for the discharge of any functions by a relevant executive or a committee or member of such an executive, the approval of the authority of which the executive is part to such arrangements;
b
which, in the case of arrangements for the discharge of any functions by a relevant authority, enables any of those functions to be delegated;
c
which, in the case of arrangements for the discharge of any functions by a relevant executive or a committee or member of such an executive, enables any of those functions to be delegated.
5
The provision made under subsection (4)(b) may, in particular, apply or reproduce (with or without modifications) any provisions of section 101(2) to (4) of the Local Government Act 1972.
6
The provision made under subsection (4)(c) may, in particular, apply or reproduce (with or without modifications) any provisions of section 9E.
7
In this section—
“relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;
“relevant executive” means an executive of a local authority under either this Part or Part 2;
“specified” means specified in regulations under this section.
9EBJoint exercise of functions
1
The Secretary of State may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.
2
The provision which may be made under subsection (1) includes, in particular, provision—
a
as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,
b
as to the circumstances in which—
i
the authority, and
ii
the executive or a committee or specified member of the executive,
are both to be parties to the arrangements,
c
as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of the Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,
d
as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,
e
as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,
f
as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a committee or specified member of the executive.
3
In this section “specified” means specified in regulations under this section.
Overview and scrutiny committees
C1259FF421Overview and scrutiny committees: functions
1
Executive arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority (referred to in this Chapter as overview and scrutiny committees).
2
Executive arrangements by a local authority must ensure that its overview and scrutiny committee has power (or its overview and scrutiny committees, and any joint overview and scrutiny committees, have power between them)—
a
to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the executive,
b
to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are the responsibility of the executive,
c
to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive,
d
to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are not the responsibility of the executive,
e
to make reports or recommendations to the authority or the executive on matters which affect the authority's area or the inhabitants of that area,
f
F382in the case of the overview and scrutiny committee, or committees, of an authority to which section 244 of the National Health Service Act 2006 applies—
i
to review and scrutinise, in accordance with regulations under that section, matters relating to the health service (within the meaning given by that Act as extended by that section) in the authority's area, and
ii
to make reports and recommendations on such matters in accordance with the regulations.
3
In subsection (2) “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—
a
F383a joint overview and scrutiny committee within the meaning given by 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
F384an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given by subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, or
c
a joint overview and scrutiny committee within the meaning of section 123 of the Local Government and Public Involvement in Health Act 2007 (joint overview and scrutiny committees) appointed by two or more local authorities including the authority concerned.
4
The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented includes power—
a
to recommend that the decision be reconsidered by the person who made it, or
b
to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the authority.
5
An overview and scrutiny committee of a local authority may not discharge any functions other than—
a
its functions under this section and sections 9FA to 9FI, F385or
b
its functions under section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters)F386or
c
any functions which may be conferred on it by virtue of regulations under section 244(2ZE) of the National Health Service Act 2006 (local authority scrutiny of health matters).
C124C1269FAF421Overview and scrutiny committees: supplementary provision
1
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.
2
A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (1)(b).
3
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.
4
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.
5
Subject to any provision made by or under paragraphs 6 to 8 of Schedule A1 and to section 20(6) of the Police and Justice Act 2006, any persons who are not members of the local authority are not entitled to vote at any meeting of its overview and scrutiny committee, or any sub-committee of such a committee, on any question which falls to be decided at that meeting, unless permitted to do so under paragraphs 11 and 12 of that Schedule.
6
An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated—
a
as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and
b
as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
7
Subsections (2) and (5) of section 102 of the Local Government Act 1972 apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.
8
An overview and scrutiny committee of a local authority or a sub-committee of such a committee—
a
may require members of the executive, and officers of the authority, to attend before it to answer questions,
b
may require any other member of the authority to attend before it to answer questions relating to any function which is exercisable by the member by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and
c
may invite other persons to attend meetings of the committee.
9
It is the duty of any member or officer mentioned in paragraph (a) or (b) of subsection (8) to comply with any requirement mentioned in that paragraph.
10
A person is not obliged by subsection (9) to answer any question which the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.
11
In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State.
12
Guidance under subsection (11) may make different provision for different cases or for different descriptions of committee or sub-committee.
9FBF421Scrutiny officers
1
Subject as follows, a local authority must designate one of its officers to discharge the functions in subsection (2).
2
Those functions are—
a
to promote the role of the authority's overview and scrutiny committee or committees,
b
to provide support to the authority's overview and scrutiny committee or committees and the members of that committee or those committees,
c
to provide support and guidance to—
i
members of the authority,
ii
members of the executive of the authority, and
iii
officers of the authority,
in relation to the functions of the authority's overview and scrutiny committee or committees.
3
An officer designated by a local authority under this section is to be known as the authority's “scrutiny officer”.
4
A local authority may not designate any of the following under this section—
a
the head of the authority's paid service designated under section 4 of the Local Government and Housing Act 1989;
b
the authority's monitoring officer designated under section 5 of that Act;
c
the authority's chief finance officer, within the meaning of that section.
5
The duty in subsection (1) does not apply to a district council for an area for which there is a county council.
6
In this section, references to an overview and scrutiny committee include any sub-committee of that committee.
9FCF421Reference of matters to overview and scrutiny committee etc
1
Executive arrangements by a local authority must include provision which—
a
enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee,
b
enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and
c
enables any member of the authority to refer to an overview and scrutiny committee of the authority of which the member of the authority is not a member any matter which is relevant to the functions of the committee and is not an excluded matter.
2
For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables the person to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.
3
In considering whether to exercise the power which a member of an authority has by virtue of subsection (1)(c) in any case, the member must have regard to any guidance for the time being issued by the Secretary of State.
4
Guidance under subsection (3) may make different provision for different cases.
5
In subsection (1)(c) “excluded matter” means any matter which is—
a
a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or
b
a matter of any description specified in an order made by the Secretary of State for the purposes of this section.
9FDF421Dealing with references under section 9FC(1)(c)
1
This section applies where a matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to section 9FC(1)(c).
2
In considering whether or not to exercise any of its powers under section 9F(2) in relation to the matter, the committee may have regard to—
a
any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and
b
any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 9F(2) in relation to the matter.
3
If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—
a
its decision, and
b
the reasons for it.
4
The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 9F(2) in relation to the matter.
5
Subsection (4) is subject to section 9FG (confidential and exempt information).
9FEF421Duty of authority or executive to respond to overview and scrutiny committee
1
This section applies where an overview and scrutiny committee of a local authority makes a report or recommendations to the authority or the executive, otherwise than—
a
by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or
b
by virtue of subsection (3)(a) of that section.
2
The overview and scrutiny committee may publish the report or recommendations.
3
The overview and scrutiny committee must by notice in writing require the authority or executive—
a
to consider the report or recommendations,
b
to respond to the overview and scrutiny committee indicating what (if any) action the authority, or the executive, proposes to take,
c
if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response, and
d
if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 9FD(4), to provide the member with a copy of the response.
4
The notice served under subsection (3) must require the authority or executive to comply with it within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice.
5
It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.
6
Subsections (2) and (5) are subject to section 9FG and to any provision made under section 9GA(8) (confidential and exempt information).
7
In this section—
a
references to an overview and scrutiny committee include references to a sub-committee of such a committee;
b
references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority.
9FFF421Reports and recommendations of overview and scrutiny committees: duties of certain partner authorities
1
This section applies where—
a
a relevant committee makes a report or recommendations to the authority or the executive, otherwise than—
i
by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or
ii
by virtue of subsection (3)(a) of that section, and
b
the report or any of the recommendations relates to functions of a relevant partner authority so far as exercisable in relation to—
i
the authority's area, or
ii
the inhabitants of that area.
2
The relevant committee may by notice in writing to the relevant partner authority require the relevant partner authority to have regard to the report or recommendation in question in exercising its functions.
3
A notice under subsection (2) must be accompanied by a copy of the report or recommendations.
4
It is the duty of a relevant partner authority to which a notice is given under subsection (2) to comply with the requirement specified in the notice.
5
Subsection (2) does not apply if—
a
the relevant partner authority is a health service body, and
b
either—
i
the relevant committee is a non-unitary district council committee, or
ii
by virtue of section 244 of the National Health Service Act 2006, the report was, or the recommendations were, made to the health service body (as well as to the authority or the executive).
6
In subsection (5) “health service body” means—
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 9FG (confidential and exempt information).
8
In this section—
“the authority”, in relation to a relevant committee, means—
- a
in the case of an overview and scrutiny committee, the local authority by which it is established, and
- b
in the case of a sub-committee of an overview and scrutiny committee, the local authority by which the overview and scrutiny committee is established,
- a
“the executive”, in relation to a relevant committee, means the executive of the authority,
“non-unitary district council committee” means—
- a
an overview and scrutiny committee of a district council for a district in a county for which there is a county council, or
- b
a sub-committee of such a committee,
- a
“relevant committee” means an overview and scrutiny committee or a sub-committee of such a committee,
“relevant partner authority”, in relation to a relevant committee other than a non-unitary district council committee, means any person who is a partner authority in relation to the authority for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than a chief officer of police, and
“relevant partner authority”, in relation to a relevant committee that is a non-unitary district council committee, means—
- a
the county council for the county concerned, or
- b
any person (other than the district council concerned) who is a partner authority in relation to that county council for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than a chief officer of police.
- a
9FGF421Publication etc of reports, recommendations and responses: confidential and exempt information
1
This section applies to—
a
the publication under section 9FE of any document comprising—
i
a report or recommendations of an overview and scrutiny committee, or
ii
a response of a local authority to any such report or recommendations, and
b
the provision of a copy of such a document—
i
to a member of a local authority under section 9FD(4) or section 9FE, or
ii
to a relevant partner authority under section 9FF,
by an overview and scrutiny committee or a local authority.
2
The overview and scrutiny committee or the local authority, in publishing the document or providing a copy of the document to a relevant partner authority—
a
must exclude any confidential information, and
b
may exclude any relevant exempt information.
3
The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information.
4
Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document—
a
may replace so much of the document as discloses the information with a summary which does not disclose that information, and
b
must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.
5
Subsection (6) applies if, by virtue of subsection (2), (3) or (4), an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—
a
excludes information, or
b
replaces part of the report or recommendations with a summary.
6
The overview and scrutiny committee is nevertheless to be taken for the purposes of section 9FE(3)(c) or (d) to have published or provided a copy of the report or recommendations.
7
In this section, references to relevant exempt information are references to—
a
in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and
b
in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered.
8
In this section—
“confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils),
“exempt information” has the meaning given by section 100I of that Act and, in relation to—
- a
any report or recommendations of an overview and scrutiny committee which has functions under section 9F(2)(f) (national health service functions), or
- b
any response to such a report or recommendations,
also includes information which is exempt information under section 246 of the National Health Service Act 2006, and
- a
“relevant partner authority”, in relation to an overview and scrutiny committee which is a relevant committee within the meaning of section 9FF, has the same meaning as in that section.
9
In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.
9FHF421Overview and scrutiny committees: flood risk management
1
This section applies to a local authority that operates executive arrangements and that is a lead local flood authority.
2
The arrangements required under section 9F(2) include arrangements to review and scrutinise the exercise by risk management authorities of flood risk management functions or coastal erosion risk management functions which may affect the local authority's area.
3
A risk management authority must comply with a request made by an overview and scrutiny committee, in the course of arrangements under subsection (2), for—
a
information;
b
a response to a report.
4
The Secretary of State may make regulations about the duty under subsection (3) which may, in particular, include provision—
a
about the procedure to be followed in relation to requests and compliance with them,
b
about notices to be served in relation to requests,
c
for exemptions from the duty,
d
requiring persons to attend to give information orally,
e
about the nature of the information and responses that may be requested, and
f
about the publication of requests, information and responses.
5
A risk management authority must have regard to reports and recommendations of an overview and scrutiny committee made in the course of arrangements under subsection (2).
6
Regulations under section 123 of the Local Government and Public Involvement in Health Act 2007 may make provision about the application of this section in relation to joint overview and scrutiny committees.
7
Expressions used in this section have the same meaning as in Part 1 of the Flood and Water Management Act 2010.
9FIF421Overview and scrutiny committees: provision of information etc by certain partner authorities
1
The Secretary of State may by regulations make provision, in relation to a relevant committee—
a
as to information which relevant partner authorities must provide to the relevant committee, and
b
as to information which may not be disclosed by a relevant partner authority to the relevant committee.
2
In subsection (1), references to information do not include information in respect of which provision may be made in exercise of the power conferred by—
a
section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters), or
b
section 244(2)(d) or (e) of the National Health Service Act 2006 (functions of overview and scrutiny committees).
3
For the purposes of subsection (1), “relevant committee” and “relevant partner authority” have the meanings given by section 9FF.
4
Regulations under this section may make different provision in relation to different persons or committees or descriptions of person or committee.
5
The power conferred by subsection (4) does not affect the power conferred by section 105(2)(b).
Further provision in relation to executives
9GMeetings and access to information etc
1
Meetings of a local authority executive, or a committee of such an executive, are to be open to the public or held in private.
2
Subject to regulations under section 9GA(4), it is for a local authority executive to decide which of its meetings, and which of the meetings of any committee of the executive, are to be open to the public and which of those meetings are to be held in private.
3
A written record must be kept of prescribed decisions made at meetings of local authority executives, or committees of such executives, which are held in private.
4
A written record must be kept of prescribed decisions made by individual members of local authority executives.
5
Written records under subsection (3) or (4) must include reasons for the decisions to which they relate.
6
In this section “prescribed” means prescribed by regulations made by the Secretary of State.
9GAMeetings and access to information etc: further provision and regulations
1
Written records under section 9G(3) and (4), together with such reports, background papers or other documents as may be prescribed, must be made available to members of the public in accordance with regulations made by the Secretary of State.
2
Regulations under subsection (1) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.
3
The Secretary of State may by regulations make provision—
a
with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),
b
for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,
c
for or in connection with requiring written records falling within paragraph (b) to include reasons,
d
for or in connection with requiring any such written records to be made available to members of the public,
e
for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.
4
The Secretary of State may by regulations make provision—
a
as to the circumstances in which meetings mentioned in section 9G(2), or particular proceedings at such meetings, must be open to the public,
b
as to the circumstances in which meetings mentioned in section 9G(2), or particular proceedings at such meetings, must be held in private,
c
with respect to the information which is to be included in written records kept by virtue of this section or section 9G,
d
with respect to the reasons which are to be included in any such written records,
e
with respect to the persons who are to produce, keep or make available any such written records,
f
for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
g
for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
h
for or in connection with requiring information to be made available by electronic means,
i
for or in connection with conferring rights on members of the public or members of local authorities, overview and scrutiny committees or sub-committees in relation to records or documents,
j
for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section or section 9G.
5
The Secretary of State may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public or members of the authority.
6
The provision which may be made under subsection (5) includes provision—
a
requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,
b
as to the way or form in which prescribed information is to be made available.
7
The Secretary of State may by regulations make provision which, in relation to meetings of—
a
local authority executives or committees of such executives, or
b
joint committees, or sub-committees of such committees, falling within subsection (3)(a),
applies or reproduces (with or without modifications) any provisions of Part 5A of the Local Government Act 1972.
8
The Secretary of State may by regulations make provision, in relation to—
a
the publication by executives of local authorities under section 9FE of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or
b
the provision by such executives under that section of copies of such responses,
which applies or reproduces (with or without modifications) any provisions of section 9FG (confidential and exempt information).
9
In this section—
“joint committee” means a joint committee falling within section 101(5)(a) of the Local Government Act 1972,
“prescribed” means prescribed by regulations made by the Secretary of State.
9GBFurther provision
Schedule A1 (which makes further provision in relation to executive arrangements under this Part) has effect.
9GCAbsence of requirement for political balance
Neither—
a
a local authority executive, nor
b
a committee of a local authority executive,
is to be regarded as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
Elected mayors etc
9HElected mayors etc
1
In this Part “elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority's area in accordance with the provisions made by or under this Part.
2
An elected mayor is to be entitled to the style of “mayor”.
3
A reference in any enactment (whenever passed or made) to—
a
a member of a local authority, or
b
a councillor of a local authority,
does not include a reference to an elected mayor of the authority.
4
But subsection (3) is subject to—
a
regulations made by the Secretary of State under this paragraph which provide that an elected mayor is to be treated as a member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and
b
any other contrary intention that appears in any enactment (whenever passed or made).
5
Section 2(2A) of, and paragraph 5C(1) of Schedule 2 to, the Local Government Act 1972 are not to be taken to indicate any contrary intention for the purposes of subsection (4)(b).
6
Elections for the return of an elected mayor are to take place on the ordinary day of election in each of the relevant election years.
7
The term of office of an elected mayor of a local authority is to be four years.
8
This section is subject to regulations under section 9HB or 9HE.
9HAElection as elected mayor and councillor
1
If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy arises in the office of councillor.
2
If the person who is returned at an election (“the mayoral election”) as the elected mayor of a local authority—
a
is a councillor of the authority, and
b
was returned as such a councillor at an election held at an earlier time than the mayoral election,
a vacancy shall arise in the office of councillor.
3
Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority.
4
A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if the person is a candidate in both such elections and is returned both as the elected mayor and as a councillor.
9HBTime of elections etc
The Secretary of State may by regulations make provision—
a
as to the dates on which and years in which elections for the return of elected mayors may or must take place,
b
as to the intervals between elections for the return of elected mayors,
c
as to the term of office of elected mayors, and
d
as to the filling of vacancies in the office of elected mayor.
9HCVoting at elections of elected mayors
1
Each person entitled to vote as an elector at an election for the return of an elected mayor is to have the following vote or votes—
a
one vote (referred to in this Part as a first preference vote) which may be given for the voter's first preference from among the candidates to be the elected mayor, and
b
if there are three or more candidates to be the elected mayor, one vote (referred to in this Part as a second preference vote) which may be given for the voter's second preference from among those candidates
2
The elected mayor is to be returned under the simple majority system, unless there are three or more candidates.
3
If there are three or more candidates to be the elected mayor, the elected mayor is to be returned under the supplementary vote system in accordance with Schedule 2.
9HDEntitlement to vote
1
The persons entitled to vote as electors at an election for the return of an elected mayor are those who on the day of the poll—
a
would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and
b
are registered in the register of local government electors at an address within the authority's area.
2
A person is not entitled as an elector to cast more than one first preference vote, or more than one second preference vote, at an election for the return of an elected mayor.
9HEPower 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, and
b
the questioning of elections for the return of elected mayors and the consequences of irregularities.
2
Regulations made under subsection (1)(a) may, in particular, include provision—
a
about the registration of electors,
b
for disregarding alterations in a register of electors,
c
about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses), and
d
for the combination of polls at elections for the return of elected mayors and other elections.
3
Regulations under this section may—
a
apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,
b
modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of elected mayors, and
c
so far as may be necessary in consequence of any provision made by or under this Part or any regulations under this section, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.
4
Before making any regulations under this section, the Secretary of State must consult the Electoral Commission.
5
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) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.
6
No return of an elected mayor at an election is to be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied by or incorporated in regulations under this section.
Leader and cabinet executives (England)
9IElection and term of office of leader
Executive arrangements by a local authority which provide for a leader and cabinet executive (England)—
a
must include provision with respect to the election of the executive leader, including provision for an election where there is a vacancy in the office of executive leader, and
b
may include provision with respect to the term of office of the executive leader.
9IARemoval of leader
1
Executive arrangements by a local authority which provide for a leader and cabinet executive (England) must include provision for the council to remove the executive leader by resolution.
2
If a council passes a resolution to remove the executive leader, a new executive leader is to be elected—
a
at the meeting at which the leader is removed from office, or
b
at a subsequent meeting.
9IBLeader to continue to hold office as councillor
1
A person who is the executive leader of a leader and cabinet executive (England) remains a member of the council during the period that the person is the executive leader.
2
Accordingly, any enactment which provides for the person's earlier retirement as a councillor does not apply.
3
This section does not affect anything by which the executive leader may cease to be a councillor otherwise than by retirement (including disqualification or resignation).
9ICNo other means of removing leader
1
This section applies to a local authority which operates a leader and cabinet executive (England).
2
An executive leader may not be removed from office except in accordance with section 9IA or regulations under section 9ID.
9IDRegulations
1
The Secretary of State may by regulations make provision—
a
as to the election and removal from office of executive leaders of leader and cabinet executives (England),
b
as to the term of office of an executive leader of a leader and cabinet executive (England), and
c
as to the filling of vacancies in the office of executive leader of a leader and cabinet executive (England).
2
Sections 9I to 9IC are subject to regulations under this section.
CHAPTER 3The committee system
9JSecretary of State's power to prohibit delegation of functions etc
1
The Secretary of State may by regulations—
a
specify or describe any function of a committee system local authority that is to be a non-delegable function;
b
specify or describe cases or circumstances in which any specified or described function of a committee system local authority is to be a non-delegable function;
c
specify or describe any action in connection with the discharge of a function of a committee system local authority that is to be a non-delegable action;
d
specify or describe cases or circumstances in which any specified or described action in connection with the discharge of a function of a committee system local authority is to be a non-delegable action.
2
If a function or action is non-delegable—
a
it must be carried out by the local authority, and
b
such provisions of section 101 of the Local Government Act 1972 as may be specified in regulations under this section do not apply to it.
3
In this Part “committee system local authority” means a local authority that operates a committee system.
4
For the purposes of this section, something is specified or described if it is specified or described in regulations made by the Secretary of State under this section.
5
In this section—
“action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—
- a
the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
- b
the doing of anything incidental or conducive to the discharge of the function, or
- c
the doing of anything expedient in connection with the discharge of the function or any action within paragraph (a) or (b);
- a
“function” means a function of any nature, whether conferred or otherwise arising before, on or after this section comes into force.
9JAOverview and scrutiny committee
1
A committee system local authority may by resolution appoint one or more committees as the authority's overview and scrutiny committee or, as the case may be, committees.
2
The Secretary of State may by regulations make provision about—
a
the functions, composition and procedure of a committee that has been appointed as an overview and scrutiny committee under this section, and
b
the appointment by committee system local authorities of joint committees and sub-committees as overview and scrutiny committees.
3
Provision under subsection (2) may, in particular, include provision which applies or reproduces (with or without modifications) any provision of, or made under, sections 9F to 9FI or paragraphs 6 to 13 of Schedule A1.
9JBOverview and scrutiny: flood risk management
1
A committee system local authority that is a lead local flood authority must review and scrutinise the exercise by risk management authorities of—
a
flood risk management functions, or
b
coastal erosion risk management functions,
which may affect the local authority's area.
2
A local authority may issue such reports and recommendations as it considers appropriate in the course of exercising the function in subsection (1).
3
A risk management authority must comply with a request made by a local authority in the course of exercising the function in subsection (1) for—
a
information;
b
a response to a report.
4
The Secretary of State may make regulations about the duty under subsection (3) which may, in particular, include provision—
a
about the procedure to be followed in relation to requests and compliance with them,
b
about notices to be served in relation to requests,
c
for exemptions from the duty,
d
requiring persons to attend to give information orally,
e
about the nature of the information and responses that may be requested, and
f
about the publication of requests, information and responses.
5
A risk management authority must have regard to any reports or recommendations mentioned in subsection (2) that relate to it.
6
Expressions used in this section have the same meaning as in Part 1 of the Flood and Water Management Act 2010.
CHAPTER 4Changing governance arrangements
Changes to governance arrangements by local authorities: general provision
9KChanging from one form of governance to another
1
A local authority may—
a
cease to operate its existing form of governance, and
b
start to operate a different form of governance.
2
This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
9KAExecutive arrangements: different form of executive
1
A local authority which operates executive arrangements may—
a
vary the arrangements so that they provide for a different form of executive, and
b
if it makes such a variation, vary the arrangements in such other respects (if any) as it considers appropriate.
2
This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
9KBExecutive arrangements: other variation of arrangements
A local authority which operates executive arrangements may vary those arrangements so that they—
a
differ from the existing arrangements in any respect, but
b
still provide for the same form of executive.
9KCResolution of local authority
1
A resolution of a local authority is required in order for the authority to make a change in governance arrangements.
C1232
As soon as practicable after passing such a resolution a local authority must—
a
secure that copies of a document setting out the provisions of the arrangements that are to have effect following the resolution are available at its principal office for inspection by members of the public, and
b
publish in one or more newspapers circulating in its area a notice which—
i
states that the authority has resolved to make a change in its governance arrangements,
ii
states the date on which the change is to have effect,
iii
describes the main features of the change,
iv
states that copies of a document setting out the provisions of the arrangements that are to have effect following the resolution are available at the authority's principal office for inspection by members of the public, and
v
specifies the address of the authority's principal office.
3
Subsection (4) applies if a local authority passes a resolution in accordance with this section (“Resolution A”) which makes a change in governance arrangements of the kind set out in—
a
section 9K (change from one form of governance to another), or
b
section 9KA (change to a different form of executive).
4
The local authority may not pass another resolution that makes a change in governance arrangements of a kind mentioned in subsection (3) (“Resolution B”) before the end of the period of 5 years beginning with the date Resolution A is passed, unless Resolution B is approved in a referendum held in accordance with this Chapter.
5
This section does not apply to a change in governance arrangements effected by an order under section 9N (power by order to require, and give effect to, referendum on change to mayor and cabinet executive).
Implementation of certain changes to governance arrangements
9LImplementation: change in form of governance or change in form of executive
1
This section applies if a local authority passes a resolution which makes a change in governance arrangements of the kind set out in—
a
section 9K (change from one form of governance to another), or
b
section 9KA (change to a different form of executive).
2
At a relevant change time, the local authority must—
a
cease operating the old form of governance or (as the case may be) old form of executive, and
b
start operating the form of governance or (as the case may be) form of executive which the change in governance arrangements provides for.
3
Subject to subsection (2) and section 9MB(2), the local authority may take steps for the purposes of preparing for the change or implementing it (including steps relating to transitional arrangements).
4
If the local authority is not currently operating a mayor and cabinet executive and the change does not provide for the local authority to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during—
a
the first annual meeting of the local authority to be held after the resolution to make the change in governance arrangements is passed, or
b
a later annual meeting of the local authority specified in that resolution.
5
If the local authority is not currently operating a mayor and cabinet executive and the change provides for the local authority to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is—
a
a time during the third day after the day of the declaration of the result of the poll at the first election of the mayor, or
b
if a person is returned as the mayor at that first election without a poll being taken, a time during the third day after the day on which a poll would have been taken.
6
If the local authority is currently operating a mayor and cabinet executive and the change provides for the local authority to cease to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during the third day after the day on which the next ordinary election of a mayor was expected to be held when the resolution to make the change in governance arrangements was passed.
Referendums
9MCases in which change is subject to approval in a referendum in accordance with sections 9MA and 9MB
1
A change in governance arrangements which a local authority proposes to make by resolution is subject to approval in a referendum in either of the following cases.
2
The first case is where—
a
the proposed change in governance arrangements is of a kind set out in—
i
section 9K (change from one form of governance to another), or
ii
section 9KA (change to a different form of executive), and
b
the implementation of the local authority's existing form of governance or existing form of executive was approved in a referendum under this Chapter.
3
The second case is where the local authority resolves that a proposed change in governance arrangements is to be subject to approval in a referendum.
9MAReferendum: proposals by local authority
1
This section applies to a local authority which wishes to make a change in governance arrangements that is subject to approval in a referendum under section 9M.
2
The local authority must draw up proposals for the change.
3
The proposals must include—
a
a timetable with respect to the implementation of the proposals,
b
details of any transitional arrangements which are necessary for the implementation of the proposals, and
c
a statement that the change in governance arrangements is to be subject to approval in a referendum.
4
Subsections (5) and (6) apply where the proposed change in governance arrangements is of the kind set out in—
a
section 9K (change from one form of governance to another), or
b
section 9KA (change to a different form of executive).
5
If the proposed change in governance arrangements would result in the local authority having executive arrangements, the proposals must state the extent to which the functions specified in regulations under section 9D(3)(b) are to be the responsibility of the executive which will be operated if the proposals are implemented.
6
The proposals (particularly any provision about timetables and transitional matters included in accordance with subsection (3)) must be such as to ensure that the proposed change can take effect (so far as required to) in accordance with section 9L(2).
7
After drawing up the proposals, the local authority must—
a
secure that copies of a document setting out the proposals are available at its principal office for inspection by members of the public at all reasonable times, and
b
publish in one or more newspapers circulating in its area a notice which—
i
states that the authority has drawn up the proposals,
ii
describes the main features of the proposals,
iii
states that copies of a document setting out the proposals are available at the authority's principal office for inspection by members of the public at such times as may be specified in the notice, and
iv
specifies the address of the authority's principal office.
9MBRequirement to hold and give effect to referendum
1
This section applies to a local authority which wishes to make a change in governance arrangements that is subject to approval in a referendum under section 9M.
2
The local authority must, after complying with section 9MA(7), hold a referendum on its proposals before taking any steps to implement them.
3
The local authority may not pass a resolution which makes the proposed change unless the result of the referendum is to approve the proposals.
4
Any such resolution must be passed within the period of 28 days beginning with the day when the referendum is held.
5
Any such resolution must be passed at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object.
9MCReferendum following petition
1
The Secretary of State may by regulations make provision for or in connection with requiring a local authority which receives a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should have a relevant type of governance arrangement.
2
Regulations under subsection (1) may, in particular, include provision—
a
as to the form and content of petitions (including provision for petitions in electronic form),
b
as to the minimum number of local government electors for a local authority's area who must support any petition presented to the authority during any period specified in the regulations,
c
for or in connection with requiring an officer of a local authority to publish the number of local government electors for the authority's area who must support any petition presented to the authority,
d
as to the way in which local government electors for a local authority's area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),
e
as to the action which may, may not or must be taken by a local authority in connection with any petition,
f
as to the manner in which a petition is to be presented to a local authority,
g
as to the verification of any petition,
h
as to the date on which, or the time by which, a referendum must be held,
i
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
j
as to the action which may, may not or must be taken by a local authority after a referendum, and
k
for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
3
Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
4
The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent of the number of local government electors at each of those times.
5
This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
9MDReferendum following direction
1
The Secretary of State may by regulations make provision for or in connection with enabling the Secretary of State, in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether it should have a relevant type of governance arrangements specified in the direction.
2
Regulations under this section may, in particular, include provision—
a
as to the date on which, or the time by which, a referendum must be held,
b
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
c
as to the action which may, may not or must be taken by a local authority after a referendum, and
d
for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
3
Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
4
This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
9MEReferendum following order
1
The Secretary of State may by order make provision requiring every local authority, or every local authority falling within a description of authority specified in the order, to hold a referendum on whether they should have a relevant type of governance arrangements specified in the order.
2
An order under this section may, in particular, include provision—
a
as to the date on which, or the time by which, a referendum must be held,
b
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
c
as to the action which may, may not or must be taken by a local authority after a referendum, and
d
for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
3
Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
4
This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
9MFFurther provision with respect to referendums
1
If a local authority holds a referendum under this Chapter (“Referendum A”) it may not hold, or be required to hold, another referendum under this Chapter (“Referendum B”) within the period of ten years beginning with the date of Referendum A, unless subsection (2) or (3) applies.
2
This subsection applies if—
a
Referendum A was held by the authority by virtue of an order under section 9N (power by order to require, and give effect to, referendum on change to mayor and cabinet executive), and
b
the proposal for the authority to operate a mayor and cabinet executive was rejected in Referendum A.
3
This subsection applies if Referendum B is required to be held by virtue of an order made under section 9N.
4
If the result of a referendum held by virtue of regulations, an order or a direction made under any provision of this Chapter is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals.
5
If the result of a referendum held by virtue of regulations, an order or a direction made under any provision of this Chapter is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals.
6
Subsections (4) and (5) do not apply to a referendum held by virtue of section 9N (but see section 9N(2)(c)).
9MGVoting in and conduct of referendums
1
The persons entitled to vote in a referendum held by a local authority under this Chapter are those who on the day of the referendum—
a
would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority's area, and
b
are registered in the register of local government electors at an address within the authority's area.
2
The Secretary of State may by regulations make provision as to the conduct of referendums under this Chapter.
3
The Secretary of State may by regulations make provision for the combination of polls at referendums under this Chapter with polls at any elections.
4
Regulations under subsection (2) or (3) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.
5
Regulations under subsection (2) may, in particular, include provision—
a
as to the question to be asked in a referendum,
b
as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum),
c
about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),
d
as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,
e
as to when, where and how voting in a referendum is to take place,
f
as to how the votes cast in a referendum are to be counted, and
g
for disregarding alterations in a register of electors.
6
Before making any regulations under this section that include provision as to the question to be asked in a referendum, the Secretary of State must consult the Electoral Commission.
Further provisions as to mayor and cabinet executive
9NRequiring referendum on change to mayor and cabinet executive
1
The Secretary of State may by order require a specified local authority to hold a referendum on whether the authority should operate a mayor and cabinet executive.
2
An order under this section may include provision—
a
as to the date on which, or the time by which, a referendum must be held,
b
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
c
as to the effect of a referendum and the action which may, may not or must be taken by a local authority after a referendum,
d
for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
3
Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
4
In this section “specified” means specified in an order made by the Secretary of State under this section.
9NAEffect of section 9N order
1
Subject as follows, the provisions of this Chapter listed in subsection (2) do not apply to a local authority in relation to whom an order under section 9N has been made (and has not been revoked) unless the proposal for the authority to operate a mayor and cabinet executive has been rejected in the referendum held under the order.
2
Those provisions are—
a
section 9K (changing from one form of governance to another);
b
section 9KA (executive arrangements: different form of executive);
c
section 9MC (referendum following petition);
d
section 9MD (referendum following direction);
e
section 9ME (referendum following order).
9NBVariation of mayoral executive
1
This section applies to a change in governance arrangements of the kind set out in section 9KB (variation of executive arrangements) if the local authority is operating a mayor and cabinet executive.
2
The local authority may not resolve to make a change in governance arrangements unless the elected mayor has given written consent to the proposed change.
Miscellaneous
9OGeneral
1
A local authority may not—
a
cease to operate a form of governance, or
b
vary executive arrangements,
other than in accordance with this Chapter.
2
In making a change in governance arrangements, the local authority must comply with any directions given by the Secretary of State in connection with the making of such a change.
9OAInterpretation
1
This section applies for the purposes of this Chapter.
2
References to a change in governance arrangements are references to any change of a kind set out in sections 9K to 9KB.
3
References to a relevant type of governance arrangement are references to—
a
a leader and cabinet executive (England);
b
a mayor and cabinet executive;
c
a committee system;
d
any prescribed arrangements.
4
References to a form of governance are references to—
a
executive arrangements;
b
a committee system;
c
any prescribed arrangements.
CHAPTER 5Supplementary
Local authority constitution
9PLocal authority constitution
1
A local authority must prepare and keep up to date a document (referred to in this section as its constitution) which contains—
a
a copy of the authority's standing orders for the time being,
b
a copy of the authority's code of conduct (if any) for the time being under section 28 of the Localism Act 2011,
c
such information as the Secretary of State may direct, and
d
such other information (if any) as the authority considers appropriate.
2
In the case of a committee system local authority, the authority's constitution must also contain a statement as to whether the authority has resolved to have an overview and scrutiny committee under section 9JA.
3
A local authority must ensure that copies of its constitution are available at its principal office for inspection by members of the public at all reasonable hours.
4
A local authority must supply a copy of its constitution to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.
Guidance
9QGuidance
1
A local authority must have regard to any guidance for the time being issued by the Secretary of State for the purposes of this Part.
2
Guidance under this section may make different provision for different cases or descriptions of local authority.
Interpretation
9RInterpretation of Part 1A
1
In this Part, unless the context otherwise requires—
“committee system” has the meaning given by section 9B,
“committee system local authority” has the meaning given by section 9J(3),
“elected mayor” has the meaning given by section 9H,
“electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983,
“enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978),
“executive”, in relation to a local authority, is to be construed in accordance with section 9C,
“executive arrangements” has the meaning given by section 9B,
“executive leader” has the meaning given by section 9C(3)(a),
“first preference vote” has the meaning given by section 9HC,
“leader and cabinet executive (England)” has the meaning given by section 9C(3),
“local authority” means a county council in England, a district council or a London borough council,
“local government elector” has the meaning given by section 270(1) of the Local Government Act 1972,
“mayor and cabinet executive” has the meaning given by section 9C(2),
“ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority,
“the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989,
“prescribed arrangements” has the meaning give by section 9B, and
“second preference vote” has the meaning given by section 9HC.
2
In this Part “relevant election years”, in relation to a local authority, means the years specified in the second column of the following table in relation to that type of authority.
Type of local authority | Relevant election years |
|---|---|
Metropolitan district | 2014 and every fourth year afterwards |
County | 2013 and every fourth year afterwards |
London borough | 2014 and every fourth year afterwards |
Non-metropolitan district | 2011 and every fourth year afterwards |
3
Any reference in this Part to the chairman of a local authority—
a
is a reference to that person whether or not the person is entitled to another style, and
b
in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the Local Government Act 1972) is referred to in Part 1 of that Schedule as the mayor of the borough.
4
Any reference in this Part to the vice-chairman of a local authority—
a
is a reference to that person whether or not the person is entitled to another style, and
b
in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the Local Government Act 1972) is referred to in Part 1 of that Schedule as the deputy mayor.
5
Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.
6
Section 101 of the Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part.
7
Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.
8
Any directions given by the Secretary of State under any provision of this Part—
a
may be varied or revoked by subsequent directions given by the Secretary of State under that provision, and
b
may make different provision for different cases, different local authorities or different descriptions of local authority.
C17C19C27C72C81C90Part IIF423Local authorities in Wales: arrangements with respect to executives etc.
Words in Pt. II heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 9; S.I. 2012/1008, art. 4(b)
Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)
Pt. II extended (1.9.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), ss. 183(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II
Pt. II modified (21.6.2004) by Isles of Scilly (Functions) (Review and Scrutiny of Health Services) Order 2004 (S.I. 2004/1412), arts. 1, 2
Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)
Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)
Pt. II modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 10
Executive arrangements
I1010 Executive arrangements.
1
In this Part “executive arrangements” means arrangements by a local authority F410 in Wales —
a
for and in connection with the creation and operation of an executive of the authority, and
b
under which certain functions of the authority are the responsibility of the executive.
2
Executive arrangements by a local authority F410in Wales must conform with any provisions made by or under this Part which relate to such arrangements.
Local authority executives
I11C81C8011C81 Local authority executives.
F821
The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.
2
a
an elected mayor of the authority, and
b
two or more councillors of the authority appointed to the executive by the elected mayor.
Such an executive is referred to in this Part as a mayor and cabinet executive.
F4122A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
a
a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and
b
two or more councillors of the authority appointed to the executive by one of the following—
i
the executive leader, or
ii
the authority.
Such an executive is referred to in this Part as a F85leader and cabinet executive (Wales).
4
a
an elected mayor of the authority, and
b
an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority.
Such an executive is referred to in this Part as a mayor and council manager executive.
5
6
Regulations under subsection (5) may, in particular, provide for—
a
a form of executive some or all of the members of which are elected by the local government electors for the authority’s area to a specified post in the executive associated with the discharge of particular functions,
b
a form of executive some or all of the members of which are elected by those electors but not to any such post,
c
the system of voting that will be used for elections under paragraph (a) or (b).
7
A local authority executive may not include the chairman or vice-chairman of the authority.
8
The number of members of a mayor and cabinet executive or a leader and cabinet executive F416(Wales) may not exceed 10.
F3948A
For the purposes of subsection (8), no account is to be taken of a member appointed to the executive on a temporary basis to cover the absence of a member exercising a right to a family absence under Part 2 of the Local Government (Wales) Measure 2011.
9
F4199A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F90subsection F420... (3)(a) or appointing councillors F267or an officer to the executive under subsection (3)(b)(ii) F268or (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 F426Welsh Ministers must have regard to—
a
any proposals made to F427them under subsection (2),
b
the extent to which F428they consider that the operation by a local authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way,
c
the extent to which that form of executive differs from the forms of executive for the time being permitted by or under section 11,
d
the number and description of authorities for which F429they consider that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive to consider.
2
For the purposes of subsection (1), a local authority may propose to the F430Welsh Ministers a form of executive in relation to which the authority consider that the conditions mentioned in subsection (3) are satisfied.
3
Those conditions are—
a
that the operation by the authority of executive arrangements involving that form of executive would be an improvement on the arrangements which the authority have in place for the discharge of their functions at the time that the proposal is made to the F431Welsh Ministers,
b
that the operation by the authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way, and
c
that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive for all local authorities, or for any particular description of local authority, to consider.
4
A proposal under subsection (2)—
a
must describe the form of executive to which it relates,
b
must describe the provision which the authority consider should be made under section 17 in relation to that form of executive, and
c
must explain why the authority consider that the conditions mentioned in subsection (3) are satisfied in relation to that form of executive.
Executive functions
I13C70C65C57C61C53C79C81C110C11413C81 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 F433Welsh Ministers may by regulations make provision for any function of a local authority specified in the regulations—
a
to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,
b
to be a function which may be the responsibility of such an executive under such arrangements, or
c
to be a function which—
i
to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and
ii
to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.
4
Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—
a
to be a function which is to be the responsibility of an executive of the authority,
b
to be a function which is not to be the responsibility of such an executive, or
c
to be a function which—
i
to the extent provided by the arrangements is to be the responsibility of such an executive, and
ii
to the extent provided by the arrangements is not to be the responsibility of such an executive.
5
The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority—
a
to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and
b
to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.
6
The F434Welsh Ministers may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.
7
A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the M6Local Government Act 1972, or any provision of that section, does not apply to that function.
8
Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of this section, the responsibility of the executive under such arrangements.
9
Any function which is the responsibility of an executive of a local authority under executive arrangements—
a
is to be regarded as exercisable by the executive on behalf of the authority, and
10
Accordingly any function which is the responsibility of an executive of a local authority under executive arrangements—
a
may not be discharged by the authority,
b
is not to be a function to which section 101(1) of the M7Local Government Act 1972 applies, and
c
may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 20.
11
Subject to any provision made under subsection (12), any function which, under executive arrangements, is not the responsibility of an executive of a local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.
12
The F435Welsh Ministers may by regulations make provision with respect to the discharge of any function which, under executive arrangements, is not the responsibility of an executive of a local authority (including provision disapplying section 101 of the M8Local Government Act 1972 or any provision of that section).
13
Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.
14
In this section—
“action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—
- a
the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
- b
the doing of anything incidental or conducive to the discharge of the function, or
- c
the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b),
- a
“function” means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.
Provisions with respect to executive arrangements
C3I14C81C75C98C106C11514C81F91Discharge of functions: F425mayor and cabinet executive
F921
Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility F436of a mayor and cabinet executive are to be discharged in accordance with this section.
2
The F440elected mayor —
a
may discharge any of those functions, or
b
may arrange for the discharge of any of those functions—
i
by the executive,
ii
by another member of the executive,
iii
by a committee of the executive, or
iv
by an officer of the authority.
3
Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the F440elected mayor otherwise directs, the executive may arrange for the discharge of any of those functions—
a
by a committee of the executive, or
b
by an officer of the authority.
4
C76C111C1075
Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the F440elected mayor otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.
C77C108C1126
Any arrangements made by virtue of this section by F437an elected mayor, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent F438the elected mayor, executive, member or committee by whom the arrangements are made from exercising those functions.
F4397
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C4I15C50C58C62C67C54C9815F94Discharge 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 F95leader 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.
C63C55C66C68C51C59C717
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.
C63C55C68C51C599
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.
C6I16C9816 Discharge of functions: mayor and council manager executive.
F2691
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.
C7I1717 Discharge of functions: s. 11(5) executive.
1
The F441Welsh Ministers may by regulations make provision with respect to the ways in which any functions which, under executive arrangements, are the responsibility of an executive which takes a form prescribed in regulations under section 11(5) are to be discharged.
2
The provision which may be made by regulations under this section includes provision which applies or reproduces (with or without modifications) any provisions of section 14, 15 or 16.
3
Nothing in subsection (2) affects the generality of the power under subsection (1).
4
Any provision made by regulations under this section is subject to any provision made under section 18, 19 or 20.
C8I1818 Discharge of functions by area committees.
1
The F442Welsh Ministers may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive by an area committee of that authority.
2
Regulations under this section may impose limitations or restrictions on the arrangements which may be made by virtue of the regulations (including limitations or restrictions on the functions which may be the subject of such arrangements).
3
F4444
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4445
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2706
A committee or sub-committee of a local authority F445... satisfies the conditions in this subsection if—
a
the committee or sub-committee is established to discharge functions in respect of part of the area of the authority,
b
that part consists of the whole of one or more electoral divisions of the authority,
c
all the members of the authority who are elected for that electoral division, or those electoral divisions, are entitled to be members of the committee or sub-committee,
d
no members of the authority, other than those mentioned in paragraph (c), may be members of the committee or sub-committee, and
e
either or both of the conditions in subsection (7) are satisfied in relation to that part.
7
Those conditions are—
a
that the area of that part does not exceed one-half of the total area of the authority;
b
that the population of that part, as estimated by the authority, does not exceed one-half of the total population of the area of the authority as so estimated.
I1919 Discharge of functions of and by another local authority.
1
The F446Welsh Ministers may by regulations make provision for or in connection with enabling an executive of a local authority F447..., 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—
F448a
by a relevant authority (other than the local authority), or
b
by F449a relevant executive (other than an executive of the local authority) or a committee or specified member of such an executive.
2
The F450Welsh Ministers may by regulations make provision for or in connection with enabling a F451relevant authority in Wales to arrange for the discharge of any of their functions by F452a relevant executive (other than an executive of the relevant authority) or a committee or specified member of such an executive.
3
The reference in subsection (2) to the functions of a F453relevant authority in Wales, in a case where the authority are operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority’s executive.
4
Regulations under subsection (1) or (2) may include provision—
a
b
which, in the case of arrangements for the discharge of any functions by a F456relevant authority, enables any of those functions to be delegated,
c
which, in the case of arrangements for the discharge of any functions by F457a relevant executive or a committee or member of such an executive, enables any of those functions to be delegated.
5
The provision which may be made under subsection (4)(b) includes provision which applies or reproduces (with or without modifications) any provisions of section 101(2) to (4) of the M9Local Government Act 1972.
6
The provision which may be made under subsection (4)(c) includes provision which applies or reproduces (with or without modifications) any provisions of section 14(3) to (6), 15(5) to (9) or 16(3) to (5).
7
Nothing in subsection (4), (5) or (6) affects the generality of the power under subsection (1) or (2).
8
In this section F458—
"relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;
“relevant executive” means an executive of a local authority under either this Part or Part 1A;
“specified” means specified in regulations under this section.
I2020 Joint exercise of functions.
1
The F459Welsh Ministers may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the M10Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.
2
The provision which may be made under subsection (1) includes provision—
a
as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,
b
as to the circumstances in which—
i
the authority, and
ii
the executive or a committee or specified member of the executive,
are both to be parties to the arrangements,
c
as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of the M11Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,
d
as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,
e
as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,
f
as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a committee or specified member of the executive.
3
Nothing in subsection (2) affects the generality of the power under subsection (1).
4
In this section “specified” means specified in regulations under this section.
C9I21C44C52C64C60C56C69C81C78C109C11321C81 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 F188, 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,
F59f
in the case of the overview and scrutiny committee or committees of an authority to which F462F60... section 184 of the National Health Service (Wales) Act 2006 applies, to review and scrutinise, in accordance with regulations under F464that section, matters relating to the health service (within the meaning given by F465that Act, as extended by that section) in the authority’s area, and to make reports and recommendations on such matters in accordance with the regulations.
F1872A
In subsection (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—
F470a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F470b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F469committee within the meaning of section 58 of the Local Government (Wales) Measure 2011 appointed by two or more local authorities, one of which is the authority concerned.
3
The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented includes power—
a
to recommend that the decision be reconsidered by the person who made it, or
b
to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the authority.
C10C42C38C40C994
F1495
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C11C43C1006
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.
C11C43C1007
A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (6)(b).
F191C11C43C1008
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C11C43C1009
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.
C11C12C43C41C39C10010
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 F460paragraph 8 or 9 of Schedule 1) any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting F461....
F39610A
For provision about the appointment of persons to chair overview and scrutiny committees of local authorities F471..., see sections 66 to 75 of the Local Government (Wales) Measure 2011.
C11C43C10011
An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated—
a
as a committee or sub-committee of a principal council for the purposes of Part VA of the M12Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and
b
as a body to which section 15 of the M13Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
C11C43C10012
Subsections (2) and (5) of section 102 of the M14Local Government Act 1972 are to apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.
C11C4313
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,
F190aa
b
may invite other persons to attend meetings of the committee.
C11C4314
It is the duty of any member or officer mentioned in F192paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph.
C11C4315
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.
F16616
In exercising, or deciding whether to exercise, any of its functions—
F472a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
an overview and scrutiny committee of a local authority F473..., 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.
F48621ZAScrutiny officers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C10121AF185Reference 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
F400... enables any member of the authority to refer to an overview and scrutiny committee of the authority of which he is not a member any local government matter which is relevant to the functions of the committee.
2
For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.
3
4
Guidance under subsection (3) may make different provision for different cases.
5
Subsections (6) to (8) apply where a local government matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to subsection (1)(c).
6
In considering whether or not to exercise any of its powers under section 21(2) in relation to the matter, the committee may have regard to—
a
b
any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 21(2) in relation to the matter.
7
If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—
a
its decision, and
b
the reasons for it.
8
The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 21(2) in relation to the matter.
9
Subsection (8) is subject to section 21D.
F47610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F47611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39912
In this section “local government matter”, in relation to a member of a local authority F477..., means a matter which is not an excluded matter and which—
a
relates to the discharge of any function of the authority, or
b
affects all or part of the electoral area for which the member is elected or any person who lives or works in that area.
13
In subsection (12) “excluded matter” means any matter which is—
a
a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or
b
a matter of any description specified in an order made by the Welsh Ministers for the purposes of this section.
C10121BF186Duty 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 F404... 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.
F47821CReports and recommendations of overview and scrutiny committees: duties of certain partner authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C97C10121DPublication etc of reports, recommendations and responses: confidential and exempt information
1
This section applies to—
a
the publication under section 21B of any document comprising—
i
a report or recommendations of an overview and scrutiny committee, or
ii
a response of a local authority to any such report or recommendations, and
b
the provision of a copy of such a document—
i
to a member of a local authority under section 21A(8) or section 21B, or
F479ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
by an overview and scrutiny committee or a local authority.
2
The overview and scrutiny committee or the local authority, in publishing the document F480...—
a
must exclude any confidential information, and
b
may exclude any relevant exempt information.
3
The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information.
4
Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document—
a
may replace so much of the document as discloses the information with a summary which does not disclose that information, and
b
must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.
5
If by virtue of subsection (2), (3) or (4) an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—
a
excludes information, or
b
replaces part of the report or recommendations with a summary,
it is nevertheless to be taken for the purposes of section 21B(3)(c) or (d) to have published or provided a copy of the report or recommendations.
6
In this section—
“confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils),
“exempt information” has the meaning given by section 100I of that Act, and, in relation to—
- a
any report or recommendations of an overview and scrutiny committee which has functions under section 21(2)(f), or
- b
any response to such a report or recommendations,
also includes information which is exempt information under F481...F405 section 186 of the National Health Service (Wales) Act 2006, F482and
- a
“relevant exempt information” means—
- a
in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and
- b
in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered, and
- a
F483...
7
In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.
F48421EOverview and scrutiny committees of certain district councils: functions with respect to partner authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46321FOverview and scrutiny committees: flood risk management
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21GF393F485Designated persons
1
The Welsh Ministers may, by order, designate for the purposes of section 21—
a
one or more persons, and
b
one or more categories of person.
2
But—
a
the designation of a person has effect only if that person meets the following conditions, and
b
the designation of a category of persons has effect only if, and to the extent that, each person in that category meets the following conditions.
3
Condition A is that the person provides the public, or a section of the public, with services, goods or facilities of any description (whether on payment or not).
4
Condition B is that the person—
a
provides those services, goods or facilities in the exercise of functions of a public nature, or
b
is wholly or partly funded by public money.
5
Condition C is that the person is not a local authority.
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 F488Welsh Ministers.
7
Regulations under subsection (6) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.
8
The F492Welsh Ministers may by regulations make provision—
a
with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),
b
for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,
c
for or in connection with requiring written records falling within paragraph (b) to include reasons,
d
for or in connection with requiring any such written records to be made available to members of the public,
e
for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.
9
The F492Welsh Ministers may by regulations make provision—
a
as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be open to the public,
b
as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be held in private,
c
with respect to the information which is to be included in written records kept by virtue of this section,
d
with respect to the reasons which are to be included in any such written records,
e
with respect to the persons who are to produce, keep or make available any such written records,
f
for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
g
for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
h
for or in connection with requiring information to be made available by electronic means,
i
for or in connection with conferring rights on members of the public, members of local authorities or overview and scrutiny committees or sub-committees in relation to records or documents,
j
for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section.
10
The F492Welsh Ministers may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public or members of the authority.
11
The provision which may be made under subsection (10) includes provision—
a
requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,
b
as to the way or form in which prescribed information is to be made available.
12
The F489Welsh Ministers may by regulations make provision which, in relation to meetings of—
a
local authority executives or committees of such executives, or
b
joint committees, or sub-committees of such committees, falling within subsection (8)(a),
applies or reproduces (with or without modifications) any provisions of Part VA of the M15Local Government Act 1972.
F19312A
The F487Welsh Ministers may by regulations make provision, in relation to—
a
b
the provision by such executives under that section of copies of such responses,
which applies or reproduces (with or without modifications) any provisions of section 21D.
13
F49322AOverview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2323 Further provision.
Schedule 1 (which makes further provision in relation to executive arrangements) has effect.
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 M17Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
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 F286 Welsh Ministers.
2
Before drawing up proposals under this section, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
3
In drawing up proposals under this section, a local authority must decide—
a
which form the executive is to take, and
b
the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive.
4
In drawing up proposals under this section, a local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
5
A local authority must comply with any directions given by the F287Welsh Ministers for the purposes of this section.
6
Proposals under this section must include—
a
such details of the executive arrangements as the F288Welsh Ministers may direct,
b
a timetable with respect to the implementation of the proposals, and
c
details of any transitional arrangements which are necessary for the implementation of the proposals.
7
A copy of proposals under this section which is sent to the F289Welsh Ministers must be accompanied by a statement which describes—
a
the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, and
b
the outcome of that consultation and the extent to which that outcome is reflected in the proposals.
8
The F290Welsh Ministers may by order specify a date by which every local authority, or every local authority falling within any description of authority specified in the order, must comply with this section.
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, F272or
b
F273a 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.
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—
C31a
must hold a referendum on their proposals before taking any steps to implement them, and
b
must draw up and send to the F291Welsh Ministers an outline of the fall-back proposals (referred to in this section as outline fall-back proposals) that they intend to implement if the proposals under section 25 are rejected in a referendum.
2
Fall-back proposals are proposals—
a
for the operation of executive arrangements which do not involve a form of executive for which a referendum is required, or
b
for the operation of alternative arrangements of a particular type permitted by regulations under section 32.
3
For the purpose of drawing up outline fall-back proposals, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
4
Outline fall-back proposals must include a timetable with respect to the implementation of detailed fall-back proposals which are based on the outline fall-back proposals in the event that the proposals under section 25 are rejected in a referendum.
5
6
A local authority may not hold a referendum under this section before the end of the period of two months beginning with the date on which a copy of the proposals under section 25 is sent to the F294Welsh Ministers.
7
If the result of a referendum under subsection (1) is to approve a local authority’s proposals under section 25, the authority must implement the proposals in accordance with the timetable included in the proposals.
C468
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 F295Welsh Ministers.
C469
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 F296Welsh Ministers.
C4610
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 F297Welsh Ministers may direct.
C4611
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.
C4612
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.
C22C8513
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 F298Welsh Ministers for the approval of outline fall-back proposals involving fall-back proposals which are not permitted by or under this Part but which would be so permitted if the necessary regulations were made under section 11(5) or 32 (as the case may be).
2
The form and content of an application under subsection (1) must comply with any directions given by the F299Welsh Ministers.
3
Where the F300Welsh Ministers approve a local authority’s proposals under subsection (1)—
a
the authority may use those proposals as their outline fall-back proposals for the purposes of section 27, and
b
the timetable referred to in section 27(13) shall be extended to the extent that there is any delay in making the necessary regulations under section 11(5) or 32 (as the case may be).
C13I2929 Operation of, and publicity for, executive arrangements.
C14C23C32C47C861
A resolution of a local authority is required in order for the authority to operate executive arrangements.
C24C26C49C87C892
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—
C48i
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
I3030 Operation of different executive arrangements.
F2751
The Secretary of State may by regulations make provision for or in connection with the operation by a local authority F97in 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.
F49431 Alternative arrangements in case of certain local authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F49532 Alternative arrangements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3133 Operation of alternative arrangements.
F276F98A1
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.
C15C16C25C33C882
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).
F109Changing governance arrangements: general provisions
Ss. 33A-33O and cross-headings inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 64, 245(2)
33ZAF262F285Changing governance arrangements
For provision about changing the governance arrangements of local authorities F313... see Part 4 of the Local Government (Wales) Measure 2011.
F30133AExecutive arrangements: different form of executive
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30233BExecutive arrangements: other variation of arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30333CAlternative arrangements: move to executive arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F49633DAlternative arrangements: variation of arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30433EProposals by local authority
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30533FResolution of local authority
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30633GImplementation: new executive or move to executive arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30733HImplementation: other change in governance arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30833IGeneral
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F344...
S. 33J and crossheading repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 45, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)
F34433JNew form of executive or move to executive: general requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30933KChanges subject to approval in a referendum: additional requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31033LChange not subject to approval in a referendum: additional requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31133MCases in which change subject to approval in referendum
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31233NVariation of mayoral executive
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F345...
S. 33O and crossheading repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 50, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)
F34533OInterpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referendums
I3234 Referendum following petition.
1
The F314Welsh Ministers may by regulations make provision for or in connection with requiring a local authority which receive a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should F99operate a relevant form of executive.
F1001A
In this section “relevant form of executive” F315means 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 F317Welsh Ministers, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
3
4
The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent. of the number of local government electors at each of those times.
5
Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
I3335 Referendum following direction.
1
The F319Welsh Ministers may by regulations make provision for or in connection with enabling F320them, 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 F321Welsh Ministers, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
3
4
Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
I3436 Referendum following order.
1
The F323Welsh Ministers may by order make provision requiring every local authority, or every local authority falling within any description of authority specified in the order, to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the order.
2
The provision which may be made by an order under this section includes provision—
a
as to the date on which, or the time by which, a referendum must be held,
b
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
c
as to the action which may, may not or must be taken by a local authority after a referendum,
d
for or in connection with enabling the F324Welsh Ministers, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
3
4
Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
Local authority constitution
I3537 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 F497Welsh Ministers may direct,
b
a copy of the authority’s standing orders for the time being,
c
a copy of the authority’s code of conduct for the time being under section 51, and
d
such other information (if any) as the authority consider appropriate.
2
A local authority must ensure that copies of their constitution are available at their principal office for inspection by members of the public at all reasonable hours.
3
A local authority must supply a copy of their constitution to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.
F1134
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
I3638 Guidance.
1
A local authority must have regard to any guidance for the time being issued by the F498Welsh Ministers for the purposes of this Part.
2
Guidance under this section may make different provision for different cases or descriptions of local authority.
Elected mayors etc.
I3739 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.
F3762
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
An elected mayor of a local authority F377... 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.
F1015A
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 F378Welsh Ministers under this paragraph which provide that an elected mayor is to be treated as member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and
b
any other contrary intention that appears in any enactment (whenever passed or made).
5C
F374Section 21(1A) of the Local Government Act 1972 is not to be taken to indicate any contrary intention for the purposes of subsection (5B)(b).
F3735D
A statutory instrument containing regulations made under subsection (5B)(a) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
F375F1026
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
I3841 Time of elections etc.
The F379Welsh Ministers may by regulations make provision—
a
as to the dates on which and years in which elections for the return of elected mayors or elected executive members may or must take place,
b
as to the intervals between elections for the return of elected mayors or elected executive members,
c
as to the term of office of elected mayors or elected executive members, and
d
as to the filling of vacancies in the office of elected mayor or elected executive member.
42 Voting at elections of elected mayors.
1
Each person entitled to vote as an elector at an election for the return of an elected mayor is to have the following vote or votes—
a
one vote (referred to in this Part as a first preference vote) which may be given for the voter’s first preference from among the candidates to be the elected mayor, and
b
if there are three or more candidates to be the elected mayor, one vote (referred to in this Part as a second preference vote) which may be given for the voter’s second preference from among those candidates.
C212
The elected mayor is to be returned under the simple majority system, unless there are three or more candidates.
3
If there are three or more candidates to be the elected mayor, the elected mayor is to be returned under the supplementary vote system in accordance with Schedule 2.
43 Entitlement to vote.
1
The persons entitled to vote as electors at an election for the return of an elected mayor or elected executive member are those who on the day of the poll—
a
would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and
b
are registered in the register of local government electors at an address within the authority’s area.
2
A person is not entitled as an elector to cast more than one first preference vote, or more than one second preference vote, at an election for the return of an elected mayor.
I39C11644 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.
C454
F424...
S. 44A and cross-heading repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 58, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)
F424C12744A Election of leader: whole-council elections
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F499C12844B Election of leader: partial-council elections
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50044CRemoval of leader
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F501C12944D Term of office of leader: whole-council elections
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F502C13044E Term of office of leader: partial-council elections
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50344FLeader to continue to hold office as councillor
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50444GNo other means of electing or removing leader
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50544HRegulations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provisions with respect to referendums
I40C117C121F10345 Provisions with respect to referendums.
1
A local F325authority 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 F327Welsh Ministers may by regulations make provision as to the conduct of referendums.
6
The F328Welsh Ministers may by regulations make provision for the combination of polls at referendums with polls at any elections.
7
Regulations under subsection (5) or (6) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.
8
The provision which may be made under subsection (5) includes, in particular, provision—
a
as to the question to be asked in a referendum,
b
as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum),
c
about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),
d
as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,
e
as to when, where and how voting in a referendum is to take place,
f
as to how the votes cast in a referendum are to be counted, and
g
for disregarding alterations in a register of electors.
F28A
Before making any regulations under this section, the F329Welsh Ministers shall consult the Electoral Commission, but this subsection does not apply to—
a
provisions which specify the wording of the question to be asked in a referendum, or
b
provisions for matters mentioned in subsection (8)(c).
8B
No regulations which specify the wording of the question to be asked in a referendum may be made under subsection (5) unless—
a
8C
Where any such regulations specify not only the question to be asked in a referendum but also any statement which is to precede that question on the ballot paper at the referendum, any reference in subsection (8B) to the intelligibility of that question is to be read as a reference to the intelligibility of that question and that statement taken together.
8D
No regulations which make provision for the matters mentioned in subsection (8)(c) may be made under subsection (5) unless—
a
b
where the draft regulations laid before F336the National Assembly for Wales made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the F337Welsh Ministers, when so laying the draft, also laid before F338the Assembly a statement of F339their reasons for departing from the views of the Commission.
9
Amendments to the 1972 Act
I4146 Amendments to the 1972 Act.
Schedule 3, which contains amendments to the M20Local Government Act 1972, has effect.
Power to make further provision
I4247 Power to make incidental, consequential provision etc.
1
2
The provision which may be made under subsection (1) includes provision modifying any enactment (whenever passed or made).
3
The power under subsection (2) to modify an enactment is a power—
a
to apply that enactment with or without modifications,
b
to extend, disapply or amend that enactment, or
c
to repeal or revoke that enactment with or without savings.
F1044
The provision which may be made under subsection (1) includes provision relating to changes in local authority governance arrangements F340....
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;
F343b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Nothing in subsection (2), (3), (4) or (5) affects the generality of the power in subsection (1).
Interpretation
I4348 Interpretation of Part II.
1
In this Part, unless the context otherwise requires—
“alternative arrangements” has the meaning given by section 32(1),
F281“council manager” has the meaning given by section 11(4)(b),“elected executive member” has the meaning given by section 39(4),
“elected mayor” has the meaning given by section 39(1),
“electoral area” has the meaning given by section 203(1) of the M21Representation of the People Act 1983,
“enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the M22Interpretation Act 1978),
“executive”, in relation to a local authority, is to be construed in accordance with section 11,
“executive arrangements” has the meaning given by section 10,
“executive leader” has the meaning given by F506section 11(3)(a),
“fall-back proposals” and “outline fall-back proposals” are to be construed in accordance with section 27(1) and (2),
“first preference vote” has the meaning given by section 42(1)(a),
“local authority” F422means a county council in Wales or a county borough council,
“local government elector” has the meaning given by section 270(1) of the M23Local Government Act 1972,
F381...
“overview and scrutiny committee” has the meaning given by section 21(1),
“the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the M24Local Government and Housing Act 1989,
“second preference vote” has the meaning given by section 42(1)(b).
1A
F380...
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, F507...
F508b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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, F509...
F510b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.
5
Section 101 of the M25Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part.
6
Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.
7
Any directions given by the F511Welsh Ministers under any provision of this Part—
a
may be varied or revoked by subsequent directions given by F512them under that provision, and
b
may make different provision for different cases, local authorities or descriptions of local authority.
48AF259Functions of the Lord President of the Council
See the Lord President of the Council Order 2010 by virtue of which functions of the Secretary of State under F513section 44 are exercisable concurrently with the Lord President of the Council.
C28C29C35C37C73C82C96C104C122Part III Conduct of local government members and employees
Pt. III applied (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 14(1)
Pt. III applied (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 14(1)
Pt. III applied (24.3.2005) by New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 4 para. 9(3)
Pt. III savings for effects of 2005 c. 10, s. 38 (1.4.2006) by The Public Services Ombudsman (Wales) Act 2005 (Transitional Provisions and Consequential Amendments) Order 2006 (S.I. 2006/362), arts. 1(1), 4
Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)
Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)
Pt. III functions made exercisable (E.) by joint standards committees (15.6.2009) by The Standards Committee (Further Provisions) (England) Regulations 2009 (S.I. 2009/1255), regs. 1(1), 14
Pt. III applied (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 4 para. 9(3)
Pt. III continued (with modifications) (14.12.2011) by The Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011 (S.I. 2011/3019), art. 5
C35C37C118C104Chapter I Conduct of members
Pt. III Ch. I applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(c), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)
Standards of conduct
I44C9149C37C104 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).
F1142A
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,
F17aa
the Auditor General for Wales,
b
F21the 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 F18Auditor General for Wales,
c
F22the 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,
F346h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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,
F16l
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,
F347m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
n
a joint authority established by Part IV of the M26Local Government Act 1985,
F194na
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 M27Environment 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.
I4550C104 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.
F1154A
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.
I46C36C35C105C10451C35C104 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.
F1164A
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
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 M28Local Government Act 1972 applies, is not to be a function to which that section applies).
I4752C104 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 F118in 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 M29Local Government Act 1972 may include an undertaking by the declarant that F118in 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 F118in 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 F118in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
F1175
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
I4853C37 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
F349The 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
F349A 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,
F150and must be chaired by a person falling within paragraph (b)
.
F1505
F349A 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
F349The 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
F349The 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
F349A 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
F349A 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
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 M31Local 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 F23the 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.
I4954 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.
F1193A
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).
F3506
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F122...56.
3
A sub-committee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed F120, 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 F121section 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.
I5055 Standards committees F123... 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.
F1263
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge F127a 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
F128 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.
F1245A
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 F129any 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.
F1307
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
F131... 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.
F1329
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
Any function which by virtue of the following provisions of this Part is exercisable by F134... the standards committee of a relevant authority which is a parish council is to be exercisable by F134...—
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 F135with responsibility for that function, that sub-committee;
F136...
F12511A
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.
56AF110Joint 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.
C37C96Chapter II Investigations etc: England
Standards Board for England
F38757 Standards Board for England.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F161Written allegations
Ss. 57A-57D and 58 substituted for s. 58 (31.1.2008 for specified purposes, 8.5.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 185, 245(5) (with s. 201); S.I. 2008/172, art. 6; S.I. 2008/1265, art. 2(a) (with art. 3)
57AC96Written allegations: right to make, and initial assessment
F3511
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.
C942
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.
C943
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.
C92C944
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
F3521
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.
57CC96Information to be given to subject of allegation
F3531
Subsections (2) to (4) apply where a person makes an allegation under section 57A to a standards committee.
C95C932
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).
C95C933
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.
C954
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.
F35457DPower to suspend standards committee's functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35558Allegations referred to Standards Board
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Functions of ethical standards officers
F35659 Functions of ethical standards officers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigations F146by ethical standards officers
Words in s. 60 cross-heading inserted (1.4.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 191(2), 245(5) (with s. 201); S.I. 2008/172, art. 7(2)
F35760C37 Conduct of investigations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F358C3761C37 Procedure in respect of investigations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35962C37 Investigations: further provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36063C37 Restrictions on disclosure of information.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reports etc. F112by ethical standards officers
Words in s. 64 cross-heading inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 192(1), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(m)
F36164 Reports etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36265 Interim reports.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36365ADisclosure by monitoring officers of ethical standards officers' reports
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
References to monitoring officers
I5166 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 F13957A, 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.
F140f
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.
F1383A
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.
F1374A
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 F141subsections (2) to (4A) or section 66A affects the generality of the power under subsection (1).
6
F142A 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.
66AF111References to F198First-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 F205First-tier Tribunal for a decision on the action that should be taken against the person,
F206b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F209d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F209e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F210the First-tier Tribunal by regulations under section 78A(4) to (6).
F162Information to be provided to Standards Board by relevant authority
Ss. 66B, 66C and cross-heading inserted (8.5.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 186, 245(5) (with s. 201); S.I. 2008/1265, art. 2(b) (with art. 3)
F36466BPeriodic returns
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36566CInformation requests
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F147Consultation with ombudsmen
S. 67 cross-heading inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 196(1), 245(5) (with s. 201); S.I. 2008/172, art. 4(j)
I5267 Consultation with F34ombudsmen .
F3661
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 M32Local 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.
F381A
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 F39the Local Government Act 1974
, a Local Commissioner forms the opinion that F157the 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 F151or regulations under section 66 of this Act
, he may consult the Standards Board for England F152or the standards committee of the relevant authority concerned about the investigation and F158, 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 F15357A.
F402A
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 F154or regulations under section 66 of this Act, he may consult the Standards Board for England F155or 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 F15657A.
3
Consultation under F41any 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
5
In this section “Local Commissioner” has the same meaning as in Part III of the M34Local Government Act 1974.
C37Chapter III Investigations etc: Wales
F35Public Services Ombudsman for Wales
Pt. III Ch. III cross-heading preceding s. 68 substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 9; S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)
I5368C37F36Public Services Ombudsman for Wales .
1
F24The 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
F43The 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.
F253
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 F26...that Act.
F275
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigations
69F37Investigations by the Public Services Ombudsman for Wales.
1
F44The 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 F45the 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 F46if 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).
I5470C37 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).
C842
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
F28b
any provisions of sections 13 to 15, 25 to 27 and 32 of the Public Services Ombudsman (Wales) Act 2005.
3
F47The Public Services Ombudsman for Wales may cease an investigation under section 69 at any stage before its completion.
4
Where F48the 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, F48the 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 F49 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 F49 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 F49 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
F50if 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
F51The 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, F52the 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 F52the 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 F52the 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
I5573 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 F14470(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
74 Law of defamation.
For the purposes of the law of defamation, any statement (whether written or oral) made by F54the Public Services Ombudsman for Wales in connection with the exercise of his functions under this Part shall be absolutely privileged.
Chapter IV Adjudications
F199The Adjudication Panel for Wales
S. 75 cross-heading substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 56 (with Sch. 5)
I5675F200Adjudication Panel for Wales.
F2111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F2123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F2137
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F2149
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F21511
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Case tribunals and interim case tribunals
I5776 Case tribunals and interim case tribunals.
1
2
3
The president of the F225Adjudication Panel for Wales (or in his absence the deputy president) is to appoint the members of any case tribunal or interim case tribunal.
4
5
6
The president or the deputy president of the F230Adjudication Panel for Wales may be a member of a case tribunal or interim case tribunal drawn from the Panel.
7
A member of the F231Adjudication 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 F232Adjudication 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
F2189A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
A person who is a member of an interim case tribunal which, as a result of an investigation under section F233... 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.
F23411
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21912
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F22015
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adjudications
I5877 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.
F2362
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2363
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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) F235, 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.
I59C10278 Decisions of F201the First-tier Tribunal or interim case tribunals.
1
F238In 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 F171relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.
F1672
If the decision of F239the 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 F240the 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).
F3674
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
A decision of an interim case tribunal under this section shall not prevent F55 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 F170is 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.
F1698
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
F241The 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.
F2379A
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
F242Where 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.
F16811
An appeal may not be brought under subsection (10) except with the leave of the High Court.
78AF165Decisions of F202First-tier Tribunal
F2431
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F244Where 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 F245the 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 F246the 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 F247the 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.
C10378BF203Section 78A: supplementary
F3681
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 F249the 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 F250the 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 F251the Upper Tribunal against that decision, or any other decision made by the tribunal by virtue of section 78A which relates to him F252(unless the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007).
F2485
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.
I6079F172Decisions of case tribunals: Wales .
F173A1
In this section “Welsh case tribunal” means a case tribunal drawn from the Adjudication Panel for Wales.
1
A F180Welsh 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 F180Welsh 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 F180Welsh 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 F180Welsh 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 F180Welsh 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 F180Welsh 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 F180Welsh 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 F177is suspended or partially suspended for the period, and in the way, which the tribunal has decided.
F1789
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 F180Welsh 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—
F175a
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 F176Wales —
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,
F179b
the reference in subsection (4)(a) to the relevant authority concerned is to be treated as a reference to that other relevant authority,
c
the duty to give notice to the standards committee of the relevant authority concerned under subsection (8) is to be treated as a duty—
i
to give that notice to the standards committee of that other relevant authority, and
ii
to give a copy of that notice to the standards committee of the relevant authority concerned,
d
the reference in subsection (12)(c) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.
14
15
Where a F180Welsh 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.
F17416
An appeal may not be brought under subsection (15) except with the leave of the High Court.
I6180 Recommendations by F204First-tier Tribunal or case tribunals.
1
F253Where 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
F254The 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 F370relevant personF370Public Services Ombudsman for Wales giving details of what action the authority have taken or are proposing to take as a result of the recommendations.
4
A relevant authority’s function of considering a report under subsection (3) may be discharged only by the authority or by the standards committee of that authority (and accordingly, in the case of a relevant authority to which section 101 of the M35Local Government Act 1972 applies, is not to be a function to which that section applies).
5
If the F371relevant personF371Public Services Ombudsman for Wales is not satisfied with the action the relevant authority have taken or propose to take in relation to the recommendations, the F371relevant personF371Public Services Ombudsman for Wales may require the authority to publish a statement giving details of the recommendations made by the tribunal and of the authority’s reasons for not fully implementing the recommendations.
6
F369In this section “the relevant person” means—
a
the Standards Board for England where the relevant authority concerned is in England,
b
F56the Public Services Ombudsman for Wales where the relevant authority concerned is in Wales.
C37Chapter V Supplementary
Disclosure and registration of members’ interests etc.
I6281 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
F372b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F57c
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
I6382C37 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,
F19aa
the Auditor General for Wales,
b
F29the 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 F20Auditor General for Wales, and
c
F30the 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
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 F145 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
I6483 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 F159...,
“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 F105section 11(2A)(a) or (3)(a),
“interim case tribunal” has the meaning given by section 76(2),
F58...
“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 M36Police Act 1996,
F255...
“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.
F106A1
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 F107in 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 M37Local Government Act 1992 is amended as mentioned in subsections (2) and (3).
F2562
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2563
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In section 6(2)(a) of the M38Local 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.
I6590 Surcharge etc.
1
The M39Audit 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.
I6691 Advisory notices.
1
After section 19 of the M40Audit 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 M41Audit Commission Act 1998 (prohibition orders) cease to have effect.
Maladministration etc.
C18I6792 Payments in cases of maladministration etc.
1
Where a relevant authority consider—
a
that action taken by or on behalf of the authority in the exercise of their functions amounts to, or may amount to, maladministration, and
b
that a person has been, or may have been, adversely affected by that action,
the authority may, if they think appropriate, make a payment to, or provide some other benefit for, that person.
2
Any function which is conferred on the Greater London Authority under this section is to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.
3
In this section—
“action” includes failure to act,
“relevant authority” has the same meaning as in Part III of this Act.
Welfare services
I6893 Grants for welfare services.
1
The Secretary of State may, with the consent of the Treasury, pay grants to local authorities in England towards expenditure incurred by them
F4a
in providing, or contributing to the provision of, such welfare services as may be determined by the Secretary of State, or
b
in connection with any such welfare services.
2
The National Assembly for Wales may pay grants to local authorities in Wales towards expenditure incurred by them
F5a
in providing, or contributing to the provision of, such welfare services as may be determined by the Assembly, or
b
in connection with any such welfare services.
3
The amount of any grants under this section and the manner of their payment are to be such as may be determined by the Secretary of State or the Assembly (as the case may be).
4
Grants under this section may be paid—
a
to all local authorities,
b
to particular local authorities, or
c
to particular descriptions of local authority (including descriptions framed by reference to authorities in particular areas).
5
Grants under this section may be paid on such terms and conditions as the Secretary of State or, as the case may be, the Assembly may determine; and nothing in subsection (6) affects the generality of this subsection.
6
Those terms and conditions may include provision as to the circumstances in which the whole or any part of a grant under this section must be repaid to the Secretary of State or the Assembly.
F66A
Before making any determination under subsection (3) or (5) the Secretary of State must obtain the consent of the Treasury.
7
A local authority must supply the Secretary of State or, as the case may be, the Assembly with such information as he or it may require for the purposes of this section.
8
A local authority must have regard to any guidance for the time being issued by the Secretary of State or, as the case may be, the Assembly with respect to the administration and application of grants under this section which are paid to them.
9
A local authority must comply with any directions for the time being given by the Secretary of State or, as the case may be, the Assembly with respect to the administration and application of grants under this section which are paid to them.
10
Any determination, guidance or directions under this section may make different provision in relation to different local authorities or descriptions of local authority (including descriptions framed by reference to authorities in particular areas).
11
Before making any determination, issuing any guidance or giving any directions under this section relating to all local authorities in England or Wales or any description of such authorities, the Secretary of State or (as the case may be) the National Assembly for Wales must consult—
a
such local authorities or representatives of local authorities as appear to him or it to be appropriate,
b
such recipients, or representatives of recipients, of welfare services as appear to him or it to be appropriate, and
c
such providers, or representatives of providers, of welfare services as appear to him or it to be appropriate.
12
In this section—
“local authority” means—
- a
in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly,
- b
in relation to Wales, a county council or a county borough council,
- a
“welfare services” includes services which provide support, assistance, advice or counselling to individuals with particular needs.
F163I69C30C3494 Disclosure of information.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F164I7095 Unauthorised disclosure of information.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
96 Housing benefit.
1
Section 130 of the M42Social 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
I7197 Background papers.
1
In section 100D of the M43Local 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.
I7298 Meetings and documents: notice etc.
1
In section 100K of the M44Local Government Act 1972 (interpretation and application of Part VA), after subsection (2) there is inserted—
3
The Secretary of State may by order amend sections 100A(6)(a) and 100B(3) and (4)(a) above so as to substitute for each reference to three clear days such greater number of days as may be specified in the order.
4
Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2
In Schedule 12 to that Act (meetings and proceedings of local authorities), after paragraph 4 there is inserted—
4A
1
The Secretary of State may by order amend paragraph 4(2) above so as to substitute for the reference to three clear days such greater number of days as may be specified in the order.
2
Any statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Allowances and pensions
I7399 Allowances and pensions for certain local authority members.
1
The provision which may be made by regulations under section 7 of the M45Superannuation 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 F407; and for the purposes of the application of this subsection to Wales, the reference to pensions and allowances is to be ignored..
2
In subsection (1) “local authority” has the same meaning as in Part II of this Act.
3
Section 18 of the M46Local 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.
F408100 Power to make provision about allowances.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Indemnification of members and officers of relevant authorities
I74C74C83101 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—
- i
a member of any committee or sub-committee of the authority, or
- ii
a person who is a member of, and represents the authority on, any joint committee or sub-committee,
- i
“police authority” and “relevant authority” have the same meaning as in Part III of this Act.
Social services functions
I75102 Social services functions.
F311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Section 6(5) of F32the 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
I76103 Recoupment by local authorities of cost of providing day care.
1
In subsection (3) of section 29 of the M47Children Act 1989 (recoupment of cost of providing services etc.), after “subsection (1)” there is inserted “
for a service provided under section 17 or section 18(1) or (5)
”
.
2
After that subsection there is inserted—
3A
No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 or of an income-based jobseeker’s allowance.
Prohibition on promoting homosexuality: bullying
F9104 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
F14Subject to subsection (6A),a statutory instrument which contains an order under section 3(3), 5, 6, F2839N, 49 F160, 63(1)(j) or 101, or regulations under F284 section 9BA, 9HE, 9MG or 44, is not to be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
F156A
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.
F2827A
If a draft of a statutory instrument containing an order under section 9N would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.
8
In this section “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the M48Interpretation Act 1978).
106 Wales.
1
In their application to Wales—
F514a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F4095
The power of the Welsh Ministers to make an order under section 21A(13)(b) or section 21G is exercisable by statutory instrument.
6
A statutory instrument which contains an order made by the Welsh Ministers under section 21A(13)(b) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
7
A statutory instrument which contains an order under section 21G may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
I77107 Minor and consequential amendments and repeals.
1
Schedule 5 (minor and consequential amendments) has effect.
2
The repeals set out in Schedule 6 have effect.
108 Commencement.
1
This section and sections 105, 106 and 109 come into force on the day on which this Act is passed.
2
The following provisions of this Act—
a
Part IV,
b
section 104, and
c
in Schedule 6, the repeal of paragraph 63 of Schedule 37 to the M49Education 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 M50Local Government Act 1972,
ii
of sections 94 to 98 and 105 of that Act,
iii
in section 265A(1)(b) of that Act,
iv
v
of sections 19, 31 and 32(1) of the M55Local Government and Housing Act 1989,
vi
in Schedule 11 to that Act,
vii
of the provisions of the M56Local Government Finance Act 1992, the M57Local Government (Wales) Act 1994, the M58Police and Magistrates’ Courts Act 1994, the Environment Act 1995, the M59Police M60 Act 1996, the Police Act 1997, the M61Audit M62 Commission Act 1998 and the M63Greater 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.
Pt. 1A inserted (3.12.2011 for specified purposes, 15.1.2012 for the insertion of Pt. 1A Ch. 4 so far as not already in force and ss. 9B, 9C and 9R for specified purposes, 9.3.2012 for the insertion of ss. 9H-9HE in so far as not already in force and s. 9R for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/57, art. 4(1)(b) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 2(a); S.I. 2012/1008, art. 4(b)