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Changes over time for: Local Government Act 2000 (without Schedules)

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Version Superseded: 01/07/2022

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Part IE+W Promotion of economic, social or environmental well-being etc

InterpretationE+W

1 Meaning of “local authority” in Part I.E+W

[F1(1)] 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,

[F2(vi)an eligible parish council,]

(b)in relation to Wales, a county council or a county borough council [F3or a community council].

[F4(2)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.]

Textual Amendments

F1S. 1 renumbered as s. 1(1) (1.4.2008 for specified purposes, 31.12.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 77(2), 245(5); S.I. 2008/917, art. 5; S.I. 2008/3110, art. 3(a)

F2S. 1(1)(a)(vi) inserted (1.4.2008 for specified purposes, 31.12.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 77(3), 245(5); S.I. 2008/917, art. 5; S.I. 2008/3110, art. 3(a)

F3Words in s. 1(1)(b) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 126(1), 178(2) (with s. 128)

F4S. 1(2) inserted (1.4.2008 for specified purposes, 31.12.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 77(4), 245(5); S.I. 2008/917, art. 5; S.I. 2008/3110, art. 3(a)

Commencement Information

I1S. 1 wholly in force at 9.4.2001; s. 1 not in force at Royal Assent see s. 108; s. 1 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 1 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

Promotion of well-beingE+W

F62 Promotion of well-being [F5by community councils].E+W

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

Textual Amendments

F73 Limits on power to promote well-being.E+W

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

Textual Amendments

F84 Strategies for promoting well-being.E+W

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

Textual Amendments

F8S. 4 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(1), 115(3)(k)

F94AStrategies: parishesE+W

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

Textual Amendments

F105 Power to amend or repeal enactments.E+W

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

Textual Amendments

Modification of certain enactmentsE+W

6 Power to modify enactments concerning plans etc.E+W

(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 [F11so 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 [F12in England],

(b)particular local authorities [F13in England], or

(c)particular descriptions of local authority [F14in 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.

F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

Textual Amendments

Commencement Information

I2S. 6 wholly in force at 9.4.2001; s. 6 not in force at Royal Assent see s. 108(4); s. 6 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 6(6) in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2; s. 6(1)-(5)(7)(8) in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

7 Power to modify enactments concerning plans etc: Wales.E+W

(1)Subject to [F17subsection (4)], [F18the Welsh Ministers] may by order amend, repeal, revoke or disapply any enactment [F19(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.

F20(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F21the 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.

F22(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F23(8)An order under this section may not make a provision which, if it were a provision of [F24an Act] of the National Assembly for Wales, would be outside the Assembly's legislative competence.

(9)For the purposes of subsection (8), [F25section 108A of the Government of Wales Act 2006 (legislative competence) has effect as if subsection (2)(c) of that section and paragraph 1 of Schedule 7B to that Act 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.]

Textual Amendments

Commencement Information

I3S. 7 wholly in force at 1.11.2000; s. 7 not in force at Royal Assent see s. 108(4); s. 7 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 7 in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2

Marginal Citations

8 Modification of section 137 of the 1972 Act.E+W

In section 137 of the M2Local 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.”

Commencement Information

I4S. 8 wholly in force at 9.4.2001; s. 8 not in force at Royal Assent see s. 108(4); s. 8 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 8 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

Marginal Citations

Procedure for orders under [F26this Part] E+W

Textual Amendments

9 Procedure for orders [F27made by the Secretary of State under section 6].E+W

(1)Before the Secretary of State makes an order under [F28section 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 [F29the Welsh Ministers].

(3)If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under [F30section 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 [F31the Welsh Ministers].

(4)Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under [F32section 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 [F33section 6] the Secretary of State must consider any representations made during the period mentioned in subsection (4).

(7)A draft order under [F33section 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).

[F34(8)Nothing in this section applies to an order under [F33section 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.]

Textual Amendments

F34S. 9(8) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 13; S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Commencement Information

I5S. 9 wholly in force at 9.4.2001; s. 9 not in force at Royal Assent see s. 108(4); s. 9 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 9 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

[F359AProcedure for orders [F36made by the Welsh Ministers under section F37... 7] E+W

(1)Before the Welsh Ministers make an order under [F38section F39... 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 [F40section F41... 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 [F42section F43... 7] to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales [F44in accordance with section F45... 7(10)] 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 [F46section F47... 7] the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).

(6)A draft order under [F46section F48... 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 [F46section F49... 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.]

Textual Amendments

[F50PART 1AU.K.Arrangements with respect to local authority governance in England

Textual Amendments

F50Pt. 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)

Modifications etc. (not altering text)

C7Pt. 1A modified by S.I. 2008/2113, reg. 10 (as substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(3))

CHAPTER 1U.K.Permitted forms of governance

9BPermitted forms of governance for local authorities in EnglandU.K.

(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;

  • “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;

  • “prescribed arrangements” means such arrangements as may be prescribed in regulations made by the Secretary of State under section 9BA.

Modifications etc. (not altering text)

9BAPower of Secretary of State to prescribe additional permitted governance arrangementsU.K.

(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 2U.K.Executive arrangements

Local authority executivesU.K.

9CLocal authority executivesU.K.

(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).

Modifications etc. (not altering text)

C20S. 9C applied (with modifications) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 6(1)-(4)

C21S. 9C applied (with modifications) by S.I. 2020/156, art. 7(1)-(5)(11)(14) (as substituted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)

Executive functionsU.K.

9DFunctions which are the responsibility of an executiveU.K.

(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);

  • “function” means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.

Modifications etc. (not altering text)

9DAFunctions of an executive: further provisionU.K.

(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.

Modifications etc. (not altering text)

Discharge of functionsU.K.

9EDischarge of functions: generalU.K.

(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.

(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.

Modifications etc. (not altering text)

C29S. 9E applied (with modifications) (E.) (18.3.2022) by The North Yorkshire (Structural Changes) Order 2022 (S.I. 2022/328), arts. 1(1), 6(2)

C30S. 9E applied (with modifications) (E.) (18.3.2022) by The Somerset (Structural Changes) Order 2022 (S.I. 2022/329), arts. 1(1), 6(2)

9EADischarge of functions of and by another local authorityU.K.

(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 functionsU.K.

(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 committeesU.K.

9FOverview and scrutiny committees: functionsU.K.

(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,

F51(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F52(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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, F54...

(b)its functions under section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters)[F55or

(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).]

Textual Amendments

F51S. 9F(2)(f) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(10)(a), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F52S. 9F(3)(a) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(10)(b), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F53S. 9F(3)(b) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(10)(b), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F54Word in s. 9F(5) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(10)(c), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F55S. 9F(5)(c) and word inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 190(10)(c), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C37S. 9F applied (with modifications) by 2006 c. 41, s. 247A(3)(b)(4) (as inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 78; S.I. 2012/1008, art. 4(b))

9FAOverview and scrutiny committees: supplementary provisionU.K.

(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.

Modifications etc. (not altering text)

C40S. 9FA applied (with modifications) by 2006 c. 41, s. 247(3A) (as inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 77(4); S.I. 2012/1008, art. 4(b))

C41S. 9FA applied (with modifications) by 2006 c. 41, s. 247A(3)(c)(4) (as inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 78; S.I. 2012/1008, art. 4(b))

9FBF50Scrutiny officersU.K.

(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.

9FCF50Reference of matters to overview and scrutiny committee etcU.K.

(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.

9FDF50Dealing with references under section 9FC(1)(c)U.K.

(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).

9FEF50Duty of authority or executive to respond to overview and scrutiny committeeU.K.

(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.

9FFReports and recommendations of overview and scrutiny committees: duties of certain partner authoritiesU.K.

(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—

[F56(za)a clinical commissioning group,

(zb)the National Health Service Commissioning Board,]

(a)a National Health Service trust, [F57or]

(b)an NHS foundation trust. F58...

F58(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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,

  • “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,

  • “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.

Textual Amendments

9FGF50Publication etc of reports, recommendations and responses: confidential and exempt informationU.K.

(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

  • “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.

9FHF50Overview and scrutiny committees: flood risk managementU.K.

(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.

9FIF50Overview and scrutiny committees: provision of information etc by certain partner authoritiesU.K.

(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 executivesU.K.

9GMeetings and access to information etcU.K.

(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.

Modifications etc. (not altering text)

9GAMeetings and access to information etc: further provision and regulationsU.K.

(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 provisionU.K.

Schedule A1 (which makes further provision in relation to executive arrangements under this Part) has effect.

9GCAbsence of requirement for political balanceU.K.

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 etcU.K.

9HElected mayors etcU.K.

(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 councillorU.K.

(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 etcU.K.

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 mayorsU.K.

(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 voteU.K.

(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 electionsU.K.

(1)The Secretary of State F59... 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 F60... must consult the Electoral Commission.

(5)In addition, the power of the Secretary of State F61... 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.

Textual Amendments

Modifications etc. (not altering text)

C44S. 9HE functions made excercisable concurrently (6.11.2013) by The Transfer of Functions (Elections and Referendums) Order 2013 (S.I. 2013/2597), arts. 1(2), 2(c) (with art. 3)

Leader and cabinet executives (England)U.K.

9IElection and term of office of leaderU.K.

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.

Modifications etc. (not altering text)

9IARemoval of leaderU.K.

(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.

Modifications etc. (not altering text)

C48S. 9IA applied (with modifications) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 6(5)

C50S. 9IA applied (with modifications) by S.I. 2020/156, art. 7(6)(15) (as substituted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)

9IBLeader to continue to hold office as councillorU.K.

(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 leaderU.K.

(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.

9IDRegulationsU.K.

(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 3U.K.The committee system

9JSecretary of State's power to prohibit delegation of functions etcU.K.

(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);

  • “function” means a function of any nature, whether conferred or otherwise arising before, on or after this section comes into force.

9JAOverview and scrutiny committeeU.K.

(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 managementU.K.

(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 4U.K.Changing governance arrangements

Changes to governance arrangements by local authorities: general provisionU.K.

9KChanging from one form of governance to anotherU.K.

(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 executiveU.K.

(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 arrangementsU.K.

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 authorityU.K.

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

(2)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).

Modifications etc. (not altering text)

Implementation of certain changes to governance arrangementsU.K.

9LImplementation: change in form of governance or change in form of executiveU.K.

(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.

ReferendumsU.K.

9MCases in which change is subject to approval in a referendum in accordance with sections 9MA and 9MBU.K.

(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 authorityU.K.

(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 referendumU.K.

(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.

Modifications etc. (not altering text)

9MCReferendum following petitionU.K.

(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 directionU.K.

(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 orderU.K.

(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 referendumsU.K.

(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 referendumsU.K.

(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 F62... may by regulations make provision as to the conduct of referendums under this Chapter.

(3)The Secretary of State F63... 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 F64... must consult the Electoral Commission.

Textual Amendments

Modifications etc. (not altering text)

C53S. 9MG functions made excercisable concurrently (6.11.2013) by The Transfer of Functions (Elections and Referendums) Order 2013 (S.I. 2013/2597), arts. 1(2), 2(c) (with art. 3)

Further provisions as to mayor and cabinet executiveU.K.

9NRequiring referendum on change to mayor and cabinet executiveU.K.

(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.

F659NAEffect of section 9N orderU.K.

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

Textual Amendments

F65S. 9NA omitted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by virtue of Cities and Local Government Devolution Act 2016 (c. 1), ss. 20, 25(2)

9NBVariation of mayoral executiveU.K.

(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.

MiscellaneousU.K.

9OGeneralU.K.

(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.

9OAInterpretationU.K.

(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 5U.K.Supplementary

Local authority constitutionU.K.

9PLocal authority constitutionU.K.

(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.

GuidanceU.K.

9QGuidanceU.K.

(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.

InterpretationU.K.

9RInterpretation of Part 1AU.K.

(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 authorityRelevant election years
Metropolitan district2014 and every fourth year afterwards
County2013 and every fourth year afterwards
London borough2014 and every fourth year afterwards
Non-metropolitan district2011 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.]

Part IIE+W [F66Local authorities in Wales: arrangements] with respect to executives etc.

Textual Amendments

F66Words 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)

Modifications etc. (not altering text)

C54Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)

C55Pt. 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

C57Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)

C58Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)

Executive arrangementsE+W

10 Executive arrangements.E+W

(1)In this Part “executive arrangements” means arrangements by a local authority [F67 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 [F67in Wales] must conform with any provisions made by or under this Part which relate to such arrangements.

Textual Amendments

F67Words in s. 10 inserted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 10; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

Commencement Information

I6S. 10 wholly in force at 28.7.2001; s. 10 not in force at Royal Assent see s. 108; s. 10 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 10 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Local authority executivesE+W

11 Local authority executives.E+W

[F68(1)The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.]

(2)[F69[F70The] 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.

F71(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F72[F73The] executive may consist of—]

(a)a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and

(b)two or more councillors of the authority appointed to the executive by one of the following—

(i)the executive leader, or

(ii)the authority.

Such an executive is referred to in this Part as a [F74leader and cabinet executive (Wales)].

(4)[F75[F76In the case of any local authority in Wales, the executive may consist of—]

(a)an elected mayor of the authority, and

(b)an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority.]

Such an executive is referred to in this Part as a mayor and council manager executive.

(5)[F77[F78 The] executive] may take any such form as may be prescribed in regulations made by the [F79Welsh Ministers].

(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 [F80(Wales)] may not exceed 10.

[F81(8ZA)But if two or more councillors are elected to share office as executive leader (by virtue of paragraph 2(2A) of Schedule 1) or are appointed to the executive to share office (by virtue of paragraph 2A of Schedule 1), the number of members of the executive may exceed 10 but not 13; and where the number of members of the executive is—

(a)11 or 12, at least two of the members must have been elected or appointed to share office;

(b)13, at least three of the members must have been elected or appointed to share office.]

[F82(8A)For the purposes of [F83subsections (8) and (8ZA)], 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.]

[F84(9)The Welsh Ministers may by regulations amend subsections (8) and (8ZA) so as to provide for different maximum numbers of members of an executive to which those subsections apply; but the power under this subsection may not be exercised so as to provide—

(a)for a maximum number in subsection (8) which exceeds 10, or

(b)for a maximum number in subsection (8ZA) which exceeds 13.]

F85(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Section 101 of the M3Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under [F86subsection F87... (3)(a)] or appointing councillors [F88 or an officer ] to the executive under subsection (3)(b)(ii) [F89or (4)(b)].

Textual Amendments

F70Word in s. 11(2) substituted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F71S. 11(2A) repealed (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(3), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)(c)

F73Word in s. 11(3) substituted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(4); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F78Words in s. 11(5) substituted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(5)(a); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F79Words in s. 11(5) substituted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(5)(b); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F80Word in s. 11(8) inserted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(6); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F85S. 11(9A) repealed (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(8), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)(c)

F87Words in s. 11(10) repealed (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(9), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)(c)

Modifications etc. (not altering text)

C62S. 11 applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(2)

Commencement Information

I7S. 11 wholly in force at 28.7.2001; s. 11 not in force at Royal Assent see s. 108; s. 11 in force at 7.8.2000 in so far as it confers power to make an order or regulations, gives directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 11 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 11(5)(6)(9) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 11 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

12 Additional forms of executive.E+W

(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 [F90Welsh Ministers] must have regard to—

(a)any proposals made to [F91them] under subsection (2),

(b)the extent to which [F92they 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 [F93they 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 [F94Welsh 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 [F95Welsh 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.

Textual Amendments

Commencement Information

I8S. 12 wholly in force at 28.7.2001; s. 12 not in force at Royal Assent see s. 108; s. 12 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 12(1) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 12 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Executive functionsE+W

13 Functions which are the responsibility of an executive.E+W

(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 [F96Welsh 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 [F97Welsh 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 M4Local Government Act 1972, or any provision of that section, does not apply to that function.

(8)Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of this section, the responsibility of the executive under such arrangements.

(9)Any function which is the responsibility of an executive of a local authority under executive arrangements—

(a)is to be regarded as exercisable by the executive on behalf of the authority, and

(b)may be discharged only in accordance with any provisions made by or under this Part F98... [F99or under section 56 of the Local Government (Wales) Measure 2011] which apply to the discharge of any such function by that form of executive.

(10)Accordingly any function which is the responsibility of an executive of a local authority under executive arrangements—

(a)may not be discharged by the authority,

(b)is not to be a function to which section 101(1) of the M5Local 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 [F100Welsh 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 M6Local 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),

  • “function” means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.

Textual Amendments

F96Words in s. 13(3) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 13(2); S.I. 2012/1008, art. 4(b)

F97Words in s. 13(6) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 13(3); S.I. 2012/1008, art. 4(b)

F100Words in s. 13(12) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 13(5); S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

C65S. 13 modified (temp. until 1/4/2009) (26.2.2008) by The Cornwall (Structural Change) Order 2008 (S.I. 2008/491), arts. 1, 8(5)

C66S. 13 modified (temp. until 1/4/2009) (26.2.2008) by The Shropshire (Structural Change) Order 2008 (S.I. 2008/492), arts. 1, 8(5)

C67S. 13 modified (temp. until 1/4/2009) (26.2.2008) by The Wiltshire (Structural Change) Order 2008 (S.I. 2008/490), arts. 1, 8(5)

C68S. 13 modified (temp. until 1/4/2009) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(5)

C70S. 13 modified (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(5)

Commencement Information

I9S. 13 wholly in force at 28.7.2001; s. 13 not in force at Royal assent see s. 108; s. 13 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 13 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 13(3)(5)(6)(12)-(14) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 13 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Provisions with respect to executive arrangementsE+W

14 [F101Discharge of functions: [F102mayor and cabinet executive]] E+W

[F103(1)Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility [F104of a mayor and cabinet executive are to be discharged in accordance with this section]. ]

(2)The [F105elected 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 [F105elected 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)Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the [F105elected mayor] otherwise directs, [F106the member who may discharge the function] may arrange for the discharge of any of those functions by an officer of the authority.

(5)Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the [F105elected mayor] otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.

(6)Any arrangements made by virtue of this section by [F107an elected mayor], executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent [F108the elected mayor], executive, member or committee by whom the arrangements are made from exercising those functions.

F109(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102Words in s. 14 heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 14(2); S.I. 2012/1008, art. 4(b)

F105Words in s. 14(2)-(5) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 14(4); S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

C72Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

C73S. 14 applied (with modifications) (temp. until 1/4/2009) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 7(2)(3)

C75S. 14 applied (with modifications) (temp.) (25.3.2010) by The Norwich and Norfolk (Structural Changes) Order 2010 (S.I. 2010/997), arts. 1, 4(2)

C78S. 14(5) applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(2)

C79S. 14(5) modified (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(2)

C81S. 14(6) applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(3)

C83S. 14(6) modified (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(3)

Commencement Information

I10S. 14 wholly in force at 28.7.2001; s. 14 not in force at Royal Assent see s. 108; s. 14 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 14 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

15 [F110Discharge of functions: leader and cabinet executive (Wales)]E+W

(1)Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of a [F111leader 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.

(7)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.

(8)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.

(9)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.

Textual Amendments

Modifications etc. (not altering text)

C84Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

C98S. 15(8) extended (16.11.2000 with application to local authorities in England only) by S.I. 2000/2851, regs. 1(2), 4(2)

Commencement Information

I11S. 15 wholly in force at 28.7.2001; s. 15 not in force at Royal Assent see s. 108; s. 15 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 15 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

16 Discharge of functions: mayor and council manager executive.E+W

[F112(1)Subject to any provision made under section 18, 19 or 20, the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.

(2)The council manager—

(a)may discharge any of those functions, or

(b)may arrange for the discharge of any of those functions—

(i)by the executive, or

(ii)by an officer of the authority.

(3)In deciding—

(a)whether or how to discharge any functions, or

(b)whether to arrange for any functions to be discharged by the executive or an officer of the authority,

the council manager must have regard to any advice given by the elected mayor.

(4)Where by virtue of this section any functions may be discharged by the executive of a local authority, the executive may arrange for the discharge of any of those functions by an officer of the authority.

(5)Any arrangements made by virtue of this section by a council manager or executive for the discharge of any functions by an executive or officer are not to prevent the council manager or executive by whom the arrangements are made from exercising those functions.]

Textual Amendments

Modifications etc. (not altering text)

C99Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

Commencement Information

I12S. 16 wholly in force at 28.7.2001; s. 16 not in force at Royal Assent see s. 108; s. 16 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 16 in force at 28.7.2001 in so far as not already in force see. 108(4)-(6)

17 Discharge of functions: s. 11(5) executive.E+W

(1)The [F113Welsh 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.

Textual Amendments

F113Words in s. 17(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 15; S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

C100Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

Commencement Information

I13S. 17 wholly in force at 1.11.2000; s. 17 not in force at Royal Assent see s. 108; s. 17 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 17 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

18 Discharge of functions by area committees.E+W

(1)The [F114Welsh 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)In this section—

  • [F115“area committee” [F116means] a committee or sub-committee of the authority which satisfies the conditions in subsection (6);]

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

F117(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F118(6)A committee or sub-committee of a local authority F119... 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.]

Textual Amendments

F115Words in s. 18(3) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 55(2), 178(2)

Modifications etc. (not altering text)

C101Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

Commencement Information

I14S. 18 wholly in force at 1.11.2000; s. 18 not in force at Royal Assent see s. 108; s. 18 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 18 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

19 Discharge of functions of and by another local authority.E+W

(1)The [F120Welsh Ministers] may by regulations make provision for or in connection with enabling an executive of a local authority F121..., 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—

[F122(a)by a relevant authority (other than the local authority), or]

(b)by [F123a relevant executive (other than an executive of the local authority)] or a committee or specified member of such an executive.

(2)The [F124Welsh Ministers] may by regulations make provision for or in connection with enabling a [F125relevant authority in Wales] to arrange for the discharge of any of their functions by [F126a 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 [F127relevant 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)requiring, in the case of arrangements for the discharge of any functions by [F128a relevant executive] or a committee or member of such an executive, the approval of the authority [F129of which the executive is part] to such arrangements,

(b)which, in the case of arrangements for the discharge of any functions by a [F130relevant authority], enables any of those functions to be delegated,

(c)which, in the case of arrangements for the discharge of any functions by [F131a 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 M7Local 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 [F132—

  • "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.

Textual Amendments

F123Words in s. 19(1)(b) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(2)(d); S.I. 2012/1008, art. 4(b)

F130Words in s. 19(4)(b) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(5)(b); S.I. 2012/1008, art. 4(b)

F131Words in s. 19(4)(c) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(5)(c); S.I. 2012/1008, art. 4(b)

Commencement Information

I15S. 19 wholly in force at 1.11.2000; s. 19 not in force at Royal Assent see s. 108; s. 19 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 19 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Marginal Citations

20 Joint exercise of functions.E+W

(1)The [F133Welsh Ministers] may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the M8Local 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 M9Local 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.

Textual Amendments

F133Words in s. 20(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 18; S.I. 2012/1008, art. 4(b)

Commencement Information

I16S. 20 wholly in force at 1.11.2000; s. 20 not in force at Royal Assent see s. 108; s. 20 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 20 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Marginal Citations

21 Overview and scrutiny committees.E+W

(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 [F134, 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,

[F135(f)in the case of the overview and scrutiny committee or committees of an authority to which F136[F137... section 184 of the National Health Service (Wales) Act 2006 applies, to review and scrutinise, in accordance with regulations under [F138that section], matters relating to the health service (within the meaning given by [F139that 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.]

[F140(2A)In subsection (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—

F141(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F141(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F142committee] 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.

(4)F143...An overview and scrutiny committee of a local authority may not discharge any functions other than its functions under this section[F144, sections [F14521A and 21B]] [F146or Part 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2)]. F147...

F148(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)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.

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

F149(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)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 [F150or any assistant to the executive (within the meaning of paragraph 3A of Schedule 1)].

(10)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 [F151paragraph 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 F152....

[F153(10A)For provision about the appointment of persons to chair overview and scrutiny committees of local authorities F154..., see sections 66 to 75 of the Local Government (Wales) Measure 2011.]

(11)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 M10Local 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 M11Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

(12)Subsections (2) and (5) of section 102 of the M12Local 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.

(13)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,

[F155(aa)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 F156...] [F157under section 56 of the Local Government (Wales) Measure 2011], F158...

(b)may invite other persons to attend meetings of the committee.

(14)It is the duty of any member or officer mentioned in [F159paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph].

(15)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.

[F160(16)In exercising, or deciding whether to exercise, any of its functions—

F161(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an overview and scrutiny committee of a local authority F162..., 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.]]

Textual Amendments

F135S. 21(2)(f) inserted (1.1.2003 for E., otherwise 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 7(1), 70(2) (with s. 7(2)-(5), 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a)

F138Words in s. 21(2)(f) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(2)(b); S.I. 2012/1008, art. 4(b)

F139Words in s. 21(2)(f) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(2)(c); S.I. 2012/1008, art. 4(b)

F142Words in s. 21(2A)(e) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(4)(b); S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

C102S. 21 applied (with modifications) (1.1.2003 for E. otherwise 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), s. 10(3)(4), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 10 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C103S. 21 applied (with modifications) (1.3.2007) by National Health Service Act 2006 (c. 41), s. 247(3)(4), 277(1)

C104S. 21 excluded (temp. until 31/3/2009) (26.2.2008) by The Wiltshire (Structural Change) Order 2008 (S.I. 2008/490), arts. 1, 8(4)

C106S. 21 excluded (temp. until 31/3/2009) (26.2.2008) by The Shropshire (Structural Change) Order 2008 (S.I. 2008/492), arts. 1, 8(4)

C107S. 21 excluded (temp. until 31/3/2009) (26.2.2008) by The Cornwall (Structural Change) Order 2008 (S.I. 2008/491), arts. 1, 8(4)

C109S. 21 excluded (temp. until 31/3/2009) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(4)

C111S. 21 excluded (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(4)

C112S. 21(4) excluded (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(7), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C113S. 21(4) power to apply (with modifications) conferred (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(3)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C114S. 21(4) excluded (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 245(7), 277(1)

C115S. 21(4) excluded (1.3.2007) by National Health Service (Wales) Act 2006 (c. 42), ss. 185(7), 208(1) (with s. 19(3))

C116S. 21(4): power to apply conferred by 2007 c. 28, s. 123(5)(b)(i) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

C117S. 21(6)-(15) applied (with modifications) (E.) (1.1.2003) by S.I. 2002/3048, reg. 7(3)

C118S. 21(6)-(15) power to apply (with modifications) conferred (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(3)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C119S. 21(6)-(12): power to apply conferred by 2007 c. 28, s. 123(5)(b)(i) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

C120S. 21(10) excluded (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(8), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C121S. 21(10) excluded (1.3.2007) by National Health Service (Wales) Act 2006 (c. 42), ss. 185(8), 208(1) (with s. 19(3))

C122S. 21(10) excluded (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 245(8), 277(1)

Commencement Information

I17S. 21 wholly in force at 28.7.2001; s. 21 not in force at Royal Assent see s. 108; s. 21 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 21 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

F16321ZAScrutiny officersE+W

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

Textual Amendments

[F16421AReference of matters to overview and scrutiny committee etcE+W

(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)F165... enables any member of the authority to refer to an overview and scrutiny committee of the authority of which he is not a member any local government matter which is relevant to the functions of the committee.

(2)For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.

(3)In considering whether to exercise the power which he has by virtue of subsection (1)(c) in any case, a member of an authority must have regard to any guidance for the time being issued F166...[F167 by the Welsh Ministers].

(4)Guidance under subsection (3) may make different provision for different cases.

(5)Subsections (6) to (8) apply where a local government matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to subsection (1)(c).

(6)In considering whether or not to exercise any of its powers under section 21(2) in relation to the matter, the committee may have regard to—

(a)any powers which the member may exercise in relation to the matter by virtue of F168... [F169section 56 of the Local Government (Wales) Measure 2011] (exercise of functions by local councillors F170...), and

(b)any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 21(2) in relation to the matter.

(7)If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—

(a)its decision, and

(b)the reasons for it.

(8)The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 21(2) in relation to the matter.

(9)Subsection (8) is subject to section 21D.

F171(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F171(11)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F172(12)In this section “local government matter”, in relation to a member of a local authority F173..., 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.]

Textual Amendments

F164S. 21A inserted (12.12.2008 for specified purposes, 1.4.2009 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 119, 245(5); S.I. 2008/3110, arts. 2(a), 4(a)

Modifications etc. (not altering text)

C123Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

[F17421BDuty of authority or executive to respond to overview and scrutiny committeeE+W

(1)This section applies where an overview and scrutiny committee of a local authority F175... 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.

[F176(1A)A report or recommendation to a public services board by virtue of section 35(1)(c) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) is not to be regarded for the purposes of this section as a report or recommendation to the local authority that is a member of the board.]

(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.

Textual Amendments

Modifications etc. (not altering text)

C123Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

F17721CReports and recommendations of overview and scrutiny committees: duties of certain partner authoritiesE+W

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

Textual Amendments

21DPublication etc of reports, recommendations and responses: confidential and exempt informationE+W

(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

F178(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

by an overview and scrutiny committee or a local authority.

(2)The overview and scrutiny committee or the local authority, in publishing the document F179...—

(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 F180...[F181 section 186 of the National Health Service (Wales) Act 2006], [F182and]

  • “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

  • F183...

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

Textual Amendments

Modifications etc. (not altering text)

C123Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

F18421EOverview and scrutiny committees of certain district councils: functions with respect to partner authoritiesE+W

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

Textual Amendments

F18521FOverview and scrutiny committees: flood risk managementE+W

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

Textual Amendments

[F18621G [F187Designated] personsE+W

(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.]

Textual Amendments

22 Access to information etc.E+W

(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 [F188Welsh 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 [F189Welsh 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 [F189Welsh 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 [F189Welsh 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 [F190, members of the authority, an overview and scrutiny committee of the authority or a sub-committee of such a committee].

(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 [F191Welsh 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 M13Local Government Act 1972.

[F192(12A)The [F193Welsh Ministers] may by regulations make provision, in relation to—

(a)the publication by executives of local authorities F194... under section 21BF195... of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or

(b)the provision by such executives under that section of copies of such responses,

which applies or reproduces (with or without modifications) any provisions of section 21D.]

(13)In this section—

  • “joint committee” means a joint committee falling within section 101(5)(a) of the M14Local Government Act 1972,

  • “prescribed” means prescribed by regulations made by the [F196Welsh Ministers].

Textual Amendments

Commencement Information

I18S. 22 wholly in force at 28.7.2001; s. 22 not in force at Royal Assent see s. 108; s. 22 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 22 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 22(6)-(13) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 22 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

F19722AOverview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authoritiesE+W

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

Textual Amendments

23 Further provision.E+W

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

Commencement Information

I19S. 23 wholly in force at 28.7.2001; s. 23 not in force at Royal Assent see s. 108; s. 23 in force at 7.8.2000 for certain purposes in relation to England only by S.I. 2000/2187, arts. 1(3), 2(c); s. 23 in force at 26.10.2000 in relation to England only for certain purposes by S.I. 2000/2849, arts. 1(3), 2(c); s. 23 in force at 1.11.2000 in relation to Wales for certain purposes by S.I. 2000/2948, art. 2; s. 23 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

24 Absence of requirement for political balance.E+W

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 M15Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

Commencement Information

I20S. 24 wholly in force at 28.7.2001; s. 24 not in force at Royal Assent see s. 108; s. 24 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 24 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Procedure with respect to operation of executive arrangementsE+W

25 Proposals.E+W

(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 [F198 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 [F199Welsh Ministers] for the purposes of this section.

(6)Proposals under this section must include—

(a)such details of the executive arrangements as the [F200Welsh 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 [F201Welsh 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 [F202Welsh 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.

Textual Amendments

F198Words in s. 25(1)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F199Words in s. 25(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F200Words in s. 25(6)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F201Words in s. 25(7) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F202Words in s. 25(8) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Commencement Information

I21S. 25 wholly in force at 28.7.2001; s. 25 not in force at Royal Assent see s. 108; s. 25 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 25 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 25(5)(6)(8) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 25 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

26 Proposals not requiring referendum.E+W

(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, [F203or ]

(b)[F204a 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.

Textual Amendments

F203Word in s. 26(2)(a) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 34(4)(a), 178(2)

Commencement Information

I22S. 26 wholly in force at 28.7.2001; s. 26 not in force at Royal Assent see s. 108; s. 26 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 26 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

27 Referendum in case of proposals involving elected mayor.E+W

(1)Where a local authority’s proposals under section 25 involve a form of executive for which a referendum is required, the authority—

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

(b)must draw up and send to the [F205Welsh 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)A local authority must send a copy of their outline fall-back proposals to the [F206Welsh Ministers] at the same time that a copy of the proposals under section 25 is sent to [F207them].

(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 [F208Welsh 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.

(8)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 [F209Welsh Ministers].

(9)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 [F210Welsh Ministers].

(10)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 [F211Welsh Ministers] may direct.

(11)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.

(12)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.

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

Textual Amendments

F205Words in s. 27(1)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F206Words in s. 27(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F207Word in s. 27(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F208Words in s. 27(6) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F209Words in s. 27(8)(c) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F210Words in s. 27(9) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F211Words in s. 27(10) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Modifications etc. (not altering text)

Commencement Information

I23S. 27 wholly in force at 28.7.2001; s. 27 not in force at Royal Assent see s. 108; s. 27 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 27 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 27(9)(10) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 27 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

28 Approval of outline fall-back proposals.E+W

(1)A local authority may apply to the [F212Welsh 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 [F213Welsh Ministers].

(3)Where the [F214Welsh 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).

Textual Amendments

F212Words in s. 28(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 32(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F213Words in s. 28(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 32(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F214Words in s. 28(3) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 32(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Commencement Information

I24S. 28 wholly in force at 28.7.2001; s. 28 not in force at Royal Assent see s. 108; s. 28 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 28 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 28(1)(2) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 28 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

29 Operation of, and publicity for, executive arrangements.E+W

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

(2)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—

(i)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)[F215A local authority [F216in Wales] which pass a resolution under this section may not at any subsequent time cease to operate executive arrangements unless, by virtue of any provision made under section 33(5), the authority operate alternative arrangements in place of the executive arrangements.]

Textual Amendments

Modifications etc. (not altering text)

C129S. 29(1) applied (E.) (12.4.2001) by S.I. 2001/1003, reg. 10(1)

C130S. 29(1) applied (W.) (25.11.2002) by S.I. 2002/2880, reg. 7(1)

Commencement Information

I25S. 29 wholly in force at 28.7.2001; s. 29 not in force at Royal Assent see s. 108; s. 29 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 29 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

30 Operation of different executive arrangements.E+W

[F217(1)The Secretary of State may by regulations make provision for or in connection with the operation by a local authority [F218in 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).]

Textual Amendments

Commencement Information

I26S. 30 wholly in force at 1.11.2000; s. 30 not in force at Royal Assent see s. 108; s. 30 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 30 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Alternative arrangements.E+W

F21931 Alternative arrangements in case of certain local authorities.E+W

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Textual Amendments

F22032 Alternative arrangements.E+W

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Textual Amendments

33 Operation of alternative arrangements.E+W

[F221[F222(A1)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.

(2)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).]

Textual Amendments

Modifications etc. (not altering text)

C141S. 33(2) applied (W.) (25.11.2002) by S.I. 2002/2880, reg. 7(2)

C142S. 33(2) applied (E.) (12.4.2001) by S.I. 2001/1003, reg. 10(2)

Commencement Information

I27S. 33 wholly in force at 28.7.2001; s. 33 not in force at Royal Assent see s. 108; s. 33 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 33 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 33(5)-(11) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 33 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F223Changing governance arrangements: general provisionsE+W

Textual Amendments

F223Ss. 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)

[F22433ZA [F225Changing] governance arrangementsE+W

For provision about changing the governance arrangements of local authorities F226... see Part 4 of the Local Government (Wales) Measure 2011.]

Textual Amendments

F225Word in s. 33ZA heading substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 35(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F22733AExecutive arrangements: different form of executiveE+W

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Textual Amendments

F22833BExecutive arrangements: other variation of arrangementsE+W

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

Textual Amendments

F22933CAlternative arrangements: move to executive arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F23033DAlternative arrangements: variation of arrangementsE+W

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

Textual Amendments

F23133EProposals by local authorityE+W

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

Textual Amendments

F23233FResolution of local authorityE+W

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

Textual Amendments

F23333GImplementation: new executive or move to executive arrangementsE+W

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

Textual Amendments

F23433HImplementation: other change in governance arrangementsE+W

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

Textual Amendments

F23533IGeneralE+W

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

Textual Amendments

F236...E+W

Textual Amendments

F23633JNew form of executive or move to executive: general requirementsE+W

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

F23733KChanges subject to approval in a referendum: additional requirementsE+W

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Textual Amendments

F23833LChange not subject to approval in a referendum: additional requirementsE+W

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

Textual Amendments

F23933MCases in which change subject to approval in referendumE+W

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

Textual Amendments

F24033NVariation of mayoral executiveE+W

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

Textual Amendments

F241...E+W

Textual Amendments

F24133OInterpretationE+W

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ReferendumsE+W

34 Referendum following petition.E+W

(1)The [F242Welsh 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 [F243operate a relevant form of executive].

[F244(1A)In this section “relevant form of executive” [F245means] 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 [F246Welsh 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)The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, [F24729 or 33] [F247or 29] F248....

(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).]

Textual Amendments

F242Words in s. 34(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 51(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F245Word in s. 34(1A) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 51(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F246Words in s. 34(2)(k) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 51(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F247Words in s. 34(3) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 36(1)(e), 178(2) (with s. 36(5)-(8))

Commencement Information

I28S. 34 wholly in force at 1.11.2000; s. 34 not in force at Royal Assent s. 108; s. 34 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 34 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

35 Referendum following direction.E+W

(1)The [F249Welsh Ministers] may by regulations make provision for or in connection with enabling [F250them], 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 [F251Welsh Ministers], in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.

(3)The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, [F25229 or 33] [F252or 29] F253....

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

Textual Amendments

F249Words in s. 35(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 52(2)(a); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F250Word in s. 35(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 52(2)(b); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F251Words in s. 35(2)(d) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 52(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F252Words in s. 35(3) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 36(1)(f), 178(2) (with s. 36(5)-(8))

Commencement Information

I29S. 35 wholly in force at 1.11.2000; s. 35 not in force at Royal Assent see s. 108; s. 35 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 35 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

36 Referendum following order.E+W

(1)The [F254Welsh 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 [F255Welsh 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)The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, [F25629 or 33] [F256or 29] F257....

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

Textual Amendments

F254Words in s. 36(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 53(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F255Words in s. 36(2)(d) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 53(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F256Words in s. 36(3) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 36(1)(g), 178(2) (with s. 36(5)-(8))

Commencement Information

I30S. 36 wholly in force at 1.11.2000; s. 36 not in force at Royal Assent see s. 108; s. 36 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 36 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Local authority constitutionE+W

37 Local authority constitution.E+W

(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 [F258Welsh 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.

[F259(1A)A local authority must prepare and keep up to date a document (referred to in this section as their constitution guide) which explains, in ordinary language, the content of their constitution.]

(2)A local authority must [F260—

(a)publish their constitution and their constitution guide electronically and in such other manner as they consider appropriate, and]

[F261(b)] ensure that copies of their constitution [F262and their constitution guide] 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 [F263or, as the case may be, their constitution guide] to any person [F264on request, either free of charge or at a charge representing no more than the cost of providing the copy].

[F265(4)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.]

[F266(5)This section applies to a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 as it applies to a local authority which are operating executive arrangements and in that application—

(a)references to a “local authority” or “authority” are to be read as references to a corporate joint committee;

(b)subsection (2) is to be treated as if it were omitted;

(c)the references in subsection (4) to “members and co-opted members” are to be read as references to members of a corporate joint committee.]

Textual Amendments

F261Words in s. 37(2) renumbered as s. 37(2)(b) (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 45(3)(a), 175(7); S.I. 2021/231, art. 6(e)

Commencement Information

I31S. 37 wholly in force at 28.7.2001; s. 37 not in force at Royal Assent see s. 108; s. 37 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 37 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 37(1)(a) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 37 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

GuidanceE+W

38 Guidance.E+W

(1)A local authority [F267, an elected mayor or an executive leader] must have regard to any guidance for the time being issued by the [F268Welsh Ministers] for the purposes of this Part.

[F269(1A)The guidance may, among other things, include provision designed to encourage good practice in relation to equality and diversity (within the meaning of section 8(2) of the Equality Act 2006).]

(2)Guidance under this section may make different provision for different cases or descriptions of local authority.

Textual Amendments

F268Words in s. 38(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 55; S.I. 2012/1008, art. 4(b)

Commencement Information

I32S. 38 wholly in force at 1.11.2000; s. 38 not in force at Royal Assent see s. 108; s. 38 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 38 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Elected mayors etc.E+W

39 Elected mayors etc.E+W

(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.

F270(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)An elected mayor of a local authority F271... 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.

[F272(5A)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 [F273Welsh 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)[F274Section 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).]

[F275(5D)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.]

F276[F277(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The term of office of an elected mayor of a local authority is to be [F278five] years.

(8)This section is subject to regulations under section 41.]

Textual Amendments

F272S. 39(5A)-(5C) substituted for s. 39(5) (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 66(2), 245(2)

F273Words in s. 39(5B)(a) substituted (9.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 56(4); S.I. 2012/628, art. 2(b)(i)

F277S. 39(6)-(8) substituted for s. 39(6) (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 66(3), 245(2)

Commencement Information

I33S. 39 wholly in force at 28.7.2001; s. 39 not in force at Royal Assent see s. 108; s. 39 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 39(1)(2)(4)-(6) in force at 26.10.2000 in relation to England except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(d); s. 39(1)(3)-(5) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 39 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

40 Election as elected mayor and councillor.E+W

(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.

41 Time of elections etc.E+W

The [F279Welsh 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.

Textual Amendments

Commencement Information

I34S. 41 wholly in force at 1.11.2000; s. 41 not in force at Royal Assent see s. 108; s. 41 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 41 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

42 Voting at elections of elected mayors.E+W

(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.

Modifications etc. (not altering text)

C146S. 42(2) applied by SI 2002/185 Sch. 3 rule 48(1) (as substituted (13.3.2004) by The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/225), regs. 1, 2(7), Sch.)

43 Entitlement to vote.E+W

(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.

44 Power to make provision about elections.E+W

(1)The Secretary of State F280... 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.

[F281(3A)Before making any regulations under this section, the Secretary of State F282... shall consult the Electoral Commission.

(3B)In addition, the power of the Secretary of State F283... 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 F283... considers that it is expedient to exercise that power in consequence of changes in the value of money.]

(4)No return of an elected mayor or elected executive member at an election is to be questioned except by an election petition under the provisions of Part III of the M16Representation of the M17People Act 1983 as applied by or incorporated in regulations under this section.

Textual Amendments

Modifications etc. (not altering text)

C147S. 44 functions made exercisable concurrently (18.8.2010) by The Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 3

Commencement Information

I35S. 44 wholly in force at 28.7.2001; s. 44 not in force at Royal Assent see s. 108; s. 44 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 44 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 44 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

F284...E+W

Textual Amendments

F28444A Election of leader: whole-council electionsE+W

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

Modifications etc. (not altering text)

F28544B Election of leader: partial-council electionsE+W

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

Textual Amendments

Modifications etc. (not altering text)

F28644CRemoval of leaderE+W

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

Textual Amendments

F28744D Term of office of leader: whole-council electionsE+W

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

Textual Amendments

Modifications etc. (not altering text)

F28844E Term of office of leader: partial-council electionsE+W

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

Textual Amendments

Modifications etc. (not altering text)

F28944FLeader to continue to hold office as councillorE+W

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

Textual Amendments

F29044GNo other means of electing or removing leaderE+W

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

Textual Amendments

F29144HRegulationsE+W

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

Textual Amendments

Provisions with respect to referendumsE+W

[F29245 Provisions with respect to referendums.E+W

(1)A local [F293authority] 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 [F294Welsh Ministers] may by regulations make provision as to the conduct of referendums.

(6)The [F295Welsh 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.

F296[(8A)Before making any regulations under this section, the [F297Welsh 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)before laying a draft of the regulations before [F298the National Assembly for Wales], the [F299Welsh Ministers] consulted the Electoral Commission as to the intelligibility of that question, and

(b)when so laying the draft, the [F300Welsh Ministers] also laid before [F301the National Assembly for Wales] a report stating any views as to the intelligibility of that question which were expressed by the Electoral Commission in response to that consultation.

(8C)Where any such regulations specify not only the question to be asked in a referendum but also any statement which is to precede that question on the ballot paper at the referendum, any reference in subsection (8B) to the intelligibility of that question is to be read as a reference to the intelligibility of that question and that statement taken together.

(8D)No regulations which make provision for the matters mentioned in subsection (8)(c) may be made under subsection (5) unless—

(a)before laying a draft of the regulations before [F302the National Assembly for Wales], the [F303Welsh Ministers] sought, and had regard to, the views of the Electoral Commission as to the provision to be made by the regulations as to those matters, and

(b)where the draft regulations laid before [F304the National Assembly for Wales ] made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the [F305Welsh Ministers], when so laying the draft, also laid before [F306the Assembly] a statement of [F307their] reasons for departing from the views of the Commission.]

(9)In subsections (1), (4) to (6) and (8) [F308to (8C)]“referendum” means a referendum held under section 27 F309... or by virtue of regulations or an order made under any provision of this Part [F310or under section 40 of the Local Government (Wales) Measure 2011].]

Textual Amendments

F293Word in s. 45(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F294Words in s. 45(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F295Words in s. 45(6) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F296S. 45(8A)-(8D) inserted (1.7.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 18(3) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (Sch. 2 Pt. II para. 2)

F297Words in s. 45(8A) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F298Words in s. 45(8B)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(4)(a)(i); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F299Words in s. 45(8B)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(4)(a)(ii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F300Words in s. 45(8B)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(4)(b)(i); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F301Words in s. 45(8B)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(4)(b)(ii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F302Words in s. 45(8D)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(a)(i); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F303Words in s. 45(8D)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(a)(ii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F304Words in s. 45(8D)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(b)(i); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F305Words in s. 45(8D)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(b)(ii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F306Words in s. 45(8D)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(b)(iii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F307Word in s. 45(8D)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(b)(iv); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F308Words in s. 45(9) inserted (1.7.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 18(4) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (Sch. 2 Pt. II para. 2)

F310Words in s. 45(9) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 54(4), 178(2)

Modifications etc. (not altering text)

C154S. 45 functions made exercisable concurrently (18.8.2010) by The Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 3

C155S. 45 applied (with modifications) (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), s. 178(2), Sch. 1 para. 4(3)

Commencement Information

I36S. 45 wholly in force at 28.7.2001; s. 45 not in force at Royal Assent see s. 108; s. 45 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 45(5)-(9) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 45 in force at 19.2.2001 in relation to England only except in so far as not already in force by S.I. 2001/415, arts. 1(3), 2(a); s. 45 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Amendments to the 1972 ActE+W

46 Amendments to the 1972 Act.E+W

Schedule 3, which contains amendments to the M18Local Government Act 1972, has effect.

Commencement Information

I37S. 46 wholly in force at 28.7.2001; s. 46 not in force at Royal Assent see s. 108; s. 46 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); s. 46 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Power to make further provisionE+W

47 Power to make incidental, consequential provision etc.E+W

(1)The [F311Welsh Ministers] may by order make such incidental, consequential, transitional or supplemental provision as [F312they consider] necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision made by or under this Part.

(2)The provision which may be made under subsection (1) includes provision modifying any enactment (whenever passed or made).

(3)The power under subsection (2) to modify an enactment is a power—

(a)to apply that enactment with or without modifications,

(b)to extend, disapply or amend that enactment, or

(c)to repeal or revoke that enactment with or without savings.

[F313(4)The provision which may be made under subsection (1) includes provision relating to changes in local authority governance arrangements F314....

(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;

F315(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F311Words in s. 47(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 67(2)(a); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F312Words in s. 47(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 67(2)(b); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Commencement Information

I38S. 47 wholly in force at 1.11.2000; s. 47 not in force at Royal Assent see s. 108; s. 47 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 47 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

InterpretationE+W

48 Interpretation of Part II.E+W

(1)In this Part, unless the context otherwise requires—

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

  • [F316“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 M19Representation of the People Act 1983,

  • “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the M20Interpretation 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 [F317section 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” [F318means a county council in Wales] or a county borough council,

  • “local government elector” has the meaning given by section 270(1) of the M21Local Government Act 1972,

  • F319...

  • “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 M22Local Government and Housing Act 1989,

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

(1A)F320...

(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, F321...

F322(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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, F323...

F324(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 M23Local 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 [F325Welsh Ministers] under any provision of this Part—

(a)may be varied or revoked by subsequent directions given by [F326them] under that provision, and

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

Textual Amendments

F318Words in s. 48(1) substituted (9.3.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 68(2)(b); S.I. 2012/628, art. 2(b)(ii); S.I. 2012/1008, art. 4(b)

Commencement Information

I39S. 48 wholly in force at 1.11.2000; s. 48 not in force at Royal Assent see s. 108(4)-(6); s. 48 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 48 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Marginal Citations

F32748AFunctions of the Lord President of the CouncilE+W

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

Textual Amendments

Part IIIU.K. Conduct of local government members and employees

Modifications etc. (not altering text)

C160Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)

C161Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)

C162Pt. 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

Chapter IE+W Conduct of members

Modifications etc. (not altering text)

C166Pt. 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 conductE+W

49 Principles governing conduct of members of relevant authorities.E+W

F328(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F329....

[F330(2A)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.

F331(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

F332(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F332(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)such representatives of relevant authorities F333... as it considers appropriate,

(b)the [F334Auditor General for Wales],

(c)[F335the 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 [F336in Wales],

(b)a county borough council,

[F337(ba)a corporate joint committee;]

F338(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F338(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F338(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a community council,

F339(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F339(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F339(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F339(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F339(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F340(l)a fire and rescue authority [F341in Wales] constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,]

F342(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F342(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F342(na). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F342(nb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F342(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p)a National Park authority [F343in Wales] established under section 63 of the M24Environment 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.

[F344(8)In this Part, “corporate joint committee” means a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.]

Textual Amendments

F328S. 49(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F329Words in s. 49(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F331S. 49(2C) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F332S. 49(3)(4) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F333Words in s. 49(5)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(5), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F335Words in s. 49(5)(c) substituted (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 2(b); S.I. 2005/2800, arts. 4(1)(a)(2), 5(1)(3) (with art. 4(3))

F336Words in s. 49(6)(a) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(a); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F338S. 49(6)(c)-(e) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F339S. 49(6)(g)-(k) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(c), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F340S. 49(6)(I) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 94; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F341Words in s. 49(6)(l) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(d); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F342S. 49(6)(m)-(o) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(e), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F343Words in s. 49(6)(p) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(f); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

Modifications etc. (not altering text)

Commencement Information

I40S. 49 wholly in force at 28.7.2001; s. 49 not in force at Royal Assent see s. 108; s. 49(2)(5)(6)(a)(b)(f)(l)(m)(p)(7) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 49 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 49 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

50 Model code of conduct.E+W

F345(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F346... (also referred to in this Part as a model code of conduct).

(3)The power under subsection F347... (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 F348... 49(2) F349...,

(b)may include provisions which are mandatory, and

(c)may include provisions which are optional.

[F350(4A)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.

F351(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F351(4D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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, F352... 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.

F353(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F353(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F345S. 50(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F346Words in s. 50(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F347Words in s. 50(3) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F348Words in s. 50(4)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(5)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F349Words in s. 50(4)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(5)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F351S. 50(4C)(4D) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(6), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F352Words in s. 50(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(7), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F353S. 50(6)(7) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(8), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I41S. 50 wholly in force at 28.7.2001; s. 50 not in force at Royal Assent see s. 108; s. 50(2)-(7) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 50 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 50 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

51 Duty of relevant authorities to adopt codes of conduct.E+W

(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.

[F354(4A)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 F355..., 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) F356... include—

(a)provisions which are to apply to a person at all times;

(b)provisions which are to apply to a person otherwise than at all times.]

(5)Where a relevant authority fail to comply with the duty under subsection (1) or (2) before the end of the period mentioned in that subsection—

(a)they must comply with that duty as soon as reasonably practicable after the end of that period, and

(b)any mandatory provisions of the model code of conduct which for the time being applies to the authority are to apply in relation to the members and co-opted members of the authority for so long as the authority fail to comply with that duty.

(6)As soon as reasonably practicable after adopting or revising a code of conduct under this section, a relevant authority must—

(a)ensure that copies of the code or revised code are available at an office of the authority for inspection by members of the public at all reasonable hours,

(b)publish in one or more newspapers circulating in their area a notice which—

(i)states that they have adopted or revised a code of conduct,

(ii)states that copies of the code or revised code are available at an office of the authority for inspection by members of the public at such times as may be specified in the notice, and

(iii)specifies the address of that office, and

(c)send a copy of the code or revised code—

F357(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)F358... to the [F359Public Services Ombudsman for Wales ].

(7)Where a relevant authority themselves publish a newspaper, the duty to publish a notice under subsection (6)(b) is to be construed as a duty to publish that notice in their newspaper and at least one other newspaper circulating in their area.

[F360(7A)But subsections (6)(a) and (b) and (7) do not apply in relation to a corporate joint committee.

(7B)As soon as reasonably practicable after adopting or revising a code of conduct under this section, a corporate joint committee must publish the code or revised code electronically.

(7C)A corporate joint committee must send a copy of its code to any member of the public who requests a copy, as soon as reasonably practicable after receiving the request.]

(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 M25Local Government Act 1972 [F361or regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021] applies, is not to be a function to which [F362that section or regulation, applies]).

Textual Amendments

F356Words in s. 51(4C) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 10(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F358Words in s. 51(6)(c)(ii) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 10(3)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F359Words in s. 51(6)(c)(ii) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 3; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

Modifications etc. (not altering text)

Commencement Information

I42S. 51 wholly in force at 28.7.2001; s. 51 not in force at Royal Assent see s. 108; s. 51 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 51 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

52 Duty to comply with code of conduct.E+W

(1)[F363Subject to subsection (1A), 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 [F364in 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.

[F365(1A)This section does not apply in the case of a member or co-opted member of a corporate joint committee (as to which see section 52ZA). ]

(2)The form of declaration of acceptance of office which may be prescribed by an order under section 83 of the M26Local Government Act 1972 [F366in relation to a relevant authority] may include an undertaking by the declarant that [F364in 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 [F364in 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 [F364in performing his functions] he will observe the authority’s code of conduct for the time being under section 51.

[F367(5)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.]

Textual Amendments

F366Words in s. 52(2) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 11; S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

Commencement Information

I43S. 52 wholly in force at 28.7.2001; s. 52 not in force at Royal Assent see s. 108; s. 52 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 52 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

[F36852ACounty and county borough councils: duties of leaders of political groups in relation to standards of conductE+W

(1)A leader of a political group consisting of members of a county council or county borough council in Wales—

(a)must take reasonable steps to promote and maintain high standards of conduct by the members of the group, and

(b)must co-operate with the council's standards committee (and any sub-committee of the committee) in the exercise of the standards committee's functions.

(2)In complying with subsection (1), a leader of a political group must have regard to any guidance about the functions under that subsection issued by the Welsh Ministers.

(3)The Welsh Ministers may by regulations make provision for the purposes of this section about the circumstances in which—

(a)members of a county council or county borough council in Wales are to be treated as constituting a political group;

(b)a member of a political group is to be treated as a leader of the group.

(4)Before making regulations under subsection (3), the Welsh Ministers must consult such persons as they think appropriate.]

Textual Amendments

[F36952ZADuty to comply with code of conduct for corporate joint committeesE+W

(1)A person who is a member or co-opted member of a corporate joint committee must observe a code of conduct adopted by the corporate joint committee under section 51, including a code revised under subsection (3)(b) of that section.

(2)In relation to a corporate joint committee whose members or co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1) to the code of conduct adopted by the corporate joint committee includes the mandatory provisions which for the time being apply to the members or co-opted members of the corporate joint committee.]

Textual Amendments

Standards committeesE+W

53 Standards committees.E+W

(1)Subject to subsection (2), every relevant authority must establish a committee [F370or, with one or more other relevant authorities, a joint committee] which is to have the functions conferred on it by or under this Part.

[F371(1ZA)Subsections (1ZB) and (1ZC) apply for the purposes of subsection (1).

(1ZB)Where a relevant authority is a corporate joint committee—

(a)the reference to establishing a committee is to be read as a reference to establishing a sub-committee;

(b)the reference to establishing a joint committee with one or more other relevant authorities is to be read, where all of the other relevant authorities are corporate joint committees, as a reference to establishing a joint sub-committee.

(1ZC)The reference to establishing a joint committee is to be read, where one or more of the relevant authorities are corporate joint committees and one or more of the relevant authorities are not corporate joint committees, as a reference to establishing a joint committee which is—

(a)a sub-committee in relation to the corporate joint committee (or committees), and

(b)a committee in relation to the relevant authority which is not (or relevant authorities which are not) a corporate joint committee.]

[F372(1A)In this Part, a reference to a “standards committee” is a reference to a committee or a joint committee established under subsection (1) [F373(read in accordance with subsections (1ZA) to (1ZC))].]

[F374(1B)A relevant authority which is a corporate joint committee must establish its first standards committee within the period of 90 days which begins with the day after the day on which the first regulations under subsection (11) which apply to the corporate joint committee come into force.]

(2)Subsection (1) does not apply to a F375... community council.

F376(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F376(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F376(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F376(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F376(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F376(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F376(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F376(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)The [F377Welsh Ministers] may by regulations make provision—

(a)as to the size and composition of standards committees of relevant authorities F378... (including provision with respect to the appointment to any such committee of persons who are not members of the relevant authority [F379or authorities] 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,

[F380(da)about establishing a standards committee which is a joint committee (including, in particular, provision about any restrictions on the number or types of relevant authority that may establish a joint committee),]

(e)for or in connection with treating any [F381standards] committees as bodies to which section 15 of the M27Local 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 F382... to send to [F383the 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 F384... (11)(f) to (i) includes provision which

[F385(a)]applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972;

[F386(b)in relation to a standards committee which is established by a corporate joint committee and which is not a joint standards committee, disapplies or modifies any provision of regulations 16 to 21 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (meetings and proceedings; see also regulation 22 of those Regulations);

(c)in relation to a standards committee which is established by a corporate joint committee and which is a joint standards committee, applies or reproduces (with or without modifications) any provision of regulations 16 to 21 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (but the power in this paragraph does not affect the exercise of the power in paragraph (a) in relation to such joint standards committees).]

[F387(13)A relevant authority which is considering establishing a joint committee must have regard to any guidance issued by the Welsh Ministers about establishing joint committees and the circumstances in which it is appropriate to do so.]

Textual Amendments

F375Words in s. 53(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F376S. 53(3)-(10) repealed (31.1.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(3), Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(c) (with arts. 6, 8); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F378Words in s. 53(11)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(4)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F382Words in s. 53(11)(k) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(4)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F383Words in s. 53(11)(k) substituted (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 4; S.I. 2005/2800, arts. 4(1)(a)(2), 5(1) (with art. 4(3))

F384Words in s. 53(12) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(5), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I44S. 53 wholly in force at 28.7.2001; s. 53 not in force at Royal Assent see s. 108; s. 53(11)(12) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 53 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 53 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

54 Functions of standards committees.E+W

(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.

[F388(2A)A standards committee of a county council or county borough council in Wales also has the specific functions of—

(a)monitoring compliance by leaders of political groups on the council with their duties under section 52A(1), and

(b)advising, training or arranging to train leaders of political groups on the council about matters relating to those duties.]

(3)A relevant authority may arrange for their standards committee to exercise such other functions as the authority consider appropriate.

[F389(3A)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.]

F390(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The [F391Welsh Ministers] may by regulations make provision with respect to the exercise of functions by standards committees of relevant authorities F392....

[F393(5A)Regulations made under subsection (5) may modify any provision of this Part, or any other enactment relating to a standards committee or to any functions of a standards committee, in relation to cases where a function of a standards committee is exercisable by a joint committee.

(5B)In subsection (5A) “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)), whenever passed or made.]

F394(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F395(7)A standards committee must, in exercising any of its functions, have regard to any relevant guidance issued by the Welsh Ministers.]

Textual Amendments

F390S. 54(4) repealed (7.6.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 13(2), Sch. 25 Pt. 5; S.I. 2012/1463, arts. 2(h), 5(a)(d) (with arts. 6, 7); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F392Words in s. 54(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 13(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I45S. 54 wholly in force at 28.7.2001; s. 54 not in force at Royal Assent see s. 108; s. 54(5)(7) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 54 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 54 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F39654ASub-committees of standards committeesE+W

(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.

[F397(1A)Subsection (1) does not apply to a standards committee established by a corporate joint committee.]

(2)Subsection (1) does not apply to functions under section F398...56.

(3)A sub-committee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed F399....

F400(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority F401...—

(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 F402... any provision made by regulations under section [F40353(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.]

Textual Amendments

F399Words in s. 54A(3) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F400S. 54A(4) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F401Words in s. 54A(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F402Words in s. 54A(6) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(5)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F403Words in s. 54A(6) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(5)(b); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F40555 Standards committees F404... for parish councils.E+W

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

Textual Amendments

F405S. 55 repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 15, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

56 Standards committees or sub-committees for community councils.E+W

(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.

F40656AJoint committees of relevant authorities in EnglandE+W

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

Textual Amendments

F406S. 56A repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 16, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

[F40756BAnnual reports by standards committeesE+W

(1)As soon as reasonably practicable after the end of each financial year, a standards committee of a relevant authority must make an annual report to the authority in respect of that year.

(2)The annual report must describe how the committee's functions have been discharged during the financial year.

(3)In particular, the report must include a summary of—

(a)what has been done to discharge the general and specific functions conferred on the committee by section 54 or 56;

(b)reports and recommendations made or referred to the committee under Chapter 3 of this Part;

(c)action taken by the committee following its consideration of such reports and recommendations;

(d)notices given to the committee under Chapter 4 of this Part.

(4)An annual report by a standards committee of a county council or county borough council in Wales must include the committee's assessment of the extent to which leaders of political groups on the council have complied with their duties under section 52A(1) during the financial year.

(5)An annual report by a standards committee of a relevant authority may include recommendations to the authority about any matter in respect of which the committee has functions.

(6)A relevant authority must consider each annual report made by its standards committee before the end of 3 months beginning with the day on which the authority receives the report.

(7)The function of considering the report may be discharged only by the relevant authority (and accordingly is not a function to which section 101 of the Local Government Act 1972 [F408or, in the case of a relevant authority which is a corporate joint committee, regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for discharge of functions)] applies).

(8)In this section “financial year” means a period of 12 months ending with 31 March.]

Textual Amendments

Chapter IIU.K. Investigations etc: England

Standards Board for EnglandU.K.

F40957 Standards Board for England.U.K.

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

Textual Amendments

F409S. 57 repealed (31.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 17, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(e) (with arts. 6, 8); S.I. 2012/628, art. 6(h) (with arts. 9, 11, 14, 15, 17)

[F410Written allegations]U.K.

Textual Amendments

F410Ss. 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)

F41157AWritten allegations: right to make, and initial assessmentU.K.

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

Textual Amendments

F411S. 57A repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 18, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(f) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F41257BRight to request review of decision not to actU.K.

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

Textual Amendments

F412S. 57B repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 19, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(g) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F4137CInformation to be given to subject of allegationU.K.

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

Textual Amendments

F413S. 57C repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 20, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(h) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F41457DPower to suspend standards committee's functionsU.K.

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

Textual Amendments

F41558Allegations referred to Standards BoardE+W

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

Textual Amendments

Functions of ethical standards officersE+W

F41659 Functions of ethical standards officers.E+W

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

Textual Amendments

Investigations [F417by ethical standards officers] E+W

Textual Amendments

F417Words 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)

F41860 Conduct of investigations.E+W

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

Textual Amendments

F41961 Procedure in respect of investigations.E+W

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

Textual Amendments

F42062 Investigations: further provisions.E+W

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

Textual Amendments

F42163 Restrictions on disclosure of information.E+W

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

Textual Amendments

Reports etc. [F422by ethical standards officers ] E+W

Textual Amendments

F42364 Reports etc.E+W

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

Textual Amendments

F42465 Interim reports.E+W

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

Textual Amendments

F42565ADisclosure by monitoring officers of ethical standards officers' reportsE+W

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

Textual Amendments

References to monitoring officersE+W

F42666 Matters referred to monitoring officers.E+W

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

Textual Amendments

F426S. 66 repealed (7.6.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 31, Sch. 25 Pt. 5; S.I. 2012/1463, arts. 2(h), 5(a)(d) (with arts. 6, 7); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F42866AReferences to [F427First-tier Tribunal] for action in respect of misconductE+W

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

Textual Amendments

F428S. 66A repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 32, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

[F429Information to be provided to Standards Board by relevant authority]U.K.

Textual Amendments

F43066BPeriodic returnsU.K.

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

Textual Amendments

F43166CInformation requestsU.K.

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

Textual Amendments

[F432Consultation with ombudsmen]U.K.

Textual Amendments

F43467 Consultation with [F433ombudsmen ].E+W

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

Textual Amendments

F433Word in s. 67 heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 7; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F434S. 67 repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 35, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(k) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Modifications etc. (not altering text)

Chapter IIIE+W Investigations etc: Wales

[F435Public Services Ombudsman for Wales]E+W

Textual Amendments

F435Pt. 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)

68 [F436Public Services Ombudsman for Wales .]E+W

(1)[F437The 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)[F438The Public Services Ombudsman for Wales]—

(a)may issue guidance to relevant authorities F439... on matters relating to the conduct of members and co-opted members of [F440those] authorities,

(b)may issue guidance to relevant authorities F441... in relation to the qualifications or experience which monitoring officers should possess, and

(c)may arrange for any such guidance to be made public.

[F442(3)The National Assembly for Wales may by regulations make provision which, for the purpose of any provisions of [F443the Public Services Ombudsman (Wales) Act 2019] 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 F444...that Act.

F445(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F436S. 68 heading: word substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 10; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F437Words in s. 68(1) substituted (12.10.2005 for specified purposes) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 11(a); S.I. 2005/2800, art. 4(1)(b)(2) (with art. 4(3))

F438Words in s. 68(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 11(b); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F439Words in s. 68(2)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 36(a)(i), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F440Word in s. 68(2)(a) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 36(a)(ii); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F441Words in s. 68(2)(b) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 36(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F444Words in s. 68(4) repealed (12.10.2005 for specified purposes) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 11(d), Sch. 7; S.I. 2005/2800, art. 4(1)(b)(2) (with art. 4(3))

F445S. 68(5) repealed (12.10.2005 for specified purposes) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 11(e), Sch. 7; S.I. 2005/2800, art. 4(1)(b)(2) (with art. 4(3))

Commencement Information

I46S. 68 wholly in force at 28.7.2001; s. 68 not in force at Royal Assent see s. 108; s. 68(3)-(5) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 68 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

InvestigationsE+W

69 [F446Investigations by the Public Services Ombudsman for Wales.]E+W

(1)[F447The 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 F448... 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 F448... 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 [F449the 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 F450..., 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 [F451if 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).

[F452(6)Sections 69A to 69E apply in relation to the exercise of the functions of the Public Services Ombudsman for Wales under this section.]

Textual Amendments

F446Pt. III Ch. III(crossheading)(investigations) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 12; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F447Words in s. 69(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 13(a); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F448Words in s. 69(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 37(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F449Words in s. 69(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 13(b); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F450Words in s. 69(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 37(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F451Words in s. 69(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 13(c); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

[F45369APossible conflict of interest in an investigationE+W

(1)If subsection (2) or (4) applies in a case involving a member or co-opted member (or former member or co-opted member) of a relevant authority, the Public Services Ombudsman for Wales (“the Ombudsman”) must exercise the power in paragraph 14 of Schedule 1 to the Public Services Ombudsman (Wales) Act 2019 to delegate—

(a)the decision as to whether to investigate the case under section 69, and

(b)any investigation of the case.

(2)This subsection applies if at any time within the period of five years ending with the date mentioned in subsection (3) the Ombudsman was—

(a)a member,

(b)a member of a committee, sub-committee, joint committee or joint sub-committee, or

(c)an officer,

of the relevant authority concerned.

(3)The date is—

(a)if the case is within section 69(1)(a), the date on which the Ombudsman received the written allegation, or

(b)if the case is within section 69(1)(b), the date on which the Ombudsman received the written allegation investigated under section 69(1)(a).

(4)This subsection applies if the Ombudsman considers that the Ombudsman has, or is likely to have, an interest in the matters which may be investigated or the outcome of any investigation.

(5)If subsection (4) applies the Ombudsman must disclose the nature of the interest to the person to whom any investigation under section 69 would or does relate, and to any person who has made an allegation as described in section 69(1)(a).

(6)If the Ombudsman makes a decision as to whether to investigate a case, or investigates a case, in contravention of subsection (1), that contravention does not affect the validity of anything done by the Ombudsman.

Textual Amendments

69BInvestigation procedureE+W

(1)If the Ombudsman conducts an investigation under section 69, the Ombudsman must give the person to whom the investigation relates an opportunity to comment on whether that person has failed to comply with the code of conduct of the relevant authority of which that person is or was a member or co-opted member.

(2)An investigation must be conducted in private.

(3)Subject to subsections (1) and (2), the procedure for conducting an investigation is that which the Ombudsman thinks appropriate in the circumstances of the case.

(4)The Ombudsman may, among other things—

(a)make any inquiries which the Ombudsman thinks appropriate;

(b)determine whether any person may be represented in the investigation by an authorised person or another person.

(5)In subsection (4) “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).

(6)The Ombudsman may pay to the person (if any) who made an allegation as described in section 69(1)(a) and to any other person who attends or supplies information for the purposes of the investigation—

(a)sums in respect of the expenses properly incurred by them, and

(b)allowances to compensate for the loss of their time.

(7)The Ombudsman may attach conditions to payments under subsection (6).

(8)The carrying out of an investigation under section 69 does not affect—

(a)the validity of any action taken by a relevant authority, or

(b)any power or duty of a relevant authority to take further action in respect of any matter under investigation.

Textual Amendments

69CInformation, documents, evidence and facilitiesE+W

(1)The Ombudsman may require a person the Ombudsman thinks is able to supply information or produce a document relevant to an investigation under section 69 to do so.

(2)The Ombudsman has the same powers as the High Court in relation to—

(a)the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad), and

(b)the production of documents.

(3)The Ombudsman may require a person the Ombudsman thinks is able to supply information or produce a document relevant to an investigation to provide any facility the Ombudsman may reasonably require.

(4)The Ombudsman may require the relevant authority concerned to provide any facility the Ombudsman may reasonably require.

(5)Subject to subsection (6), no person may be compelled to give any evidence or produce any document which the person could not be compelled to give or produce in civil proceedings before the High Court.

(6)The Crown is not entitled to any privilege in relation to the production of documents or the giving of evidence that would otherwise be allowed by law in legal proceedings.

(7)Where an obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty's service has been imposed by an enactment or a rule of law, the obligation or restriction does not apply to the disclosure of information for the purposes of the investigation.

Textual Amendments

69DObstruction and contemptE+W

(1)If the Ombudsman is satisfied that the condition in subsection (2) is met in relation to a person, the Ombudsman may issue a certificate to that effect to the High Court.

(2)The condition is that the person—

(a)without lawful excuse, has obstructed the discharge of any of the Ombudsman's functions under this Part, or

(b)has done an act in relation to an investigation under section 69 which, if the investigation were proceedings in the High Court, would constitute contempt of court.

(3)But the condition in subsection (2) is not met in relation to a person merely because that person has taken action such as is mentioned in section 69B(8).

(4)If the Ombudsman issues a certificate under subsection (1), the High Court may inquire into the matter.

(5)If the High Court is satisfied that the condition in subsection (2) is met in relation to the person, it may deal with that person in the same manner as it may deal with a person who has committed contempt in relation to the High Court.

Textual Amendments

69EDisclosure of informationE+W

(1)This section applies to information obtained in the exercise of the Ombudsman's functions under this Part by—

(a)the Ombudsman;

(b)a member of the Ombudsman's staff or other person acting on the Ombudsman's behalf;

(c)a person assisting the Ombudsman.

(2)The information may be disclosed only—

(a)for the purposes of the Ombudsman's functions under—

(i)Chapter 3 or 4 of this Part;

(ii)Part 3 or 5 of the Public Services Ombudsman (Wales) Act 2019;

(b)for the purposes of the functions of the Adjudication Panel for Wales, including the functions of its President, Deputy President and tribunals, under Chapter 4 of this Part;

(c)for the purposes of criminal proceedings or the investigation of a criminal offence;

(d)if the disclosure is made to the Auditor General for Wales for the purposes of the Auditor General's functions under Part 2 of the Public Audit (Wales) Act 2004;

(e)if the disclosure is made to the Electoral Commission for the purposes of any of its functions.

Textual Amendments

69FPower of the Welsh Ministers to amend this ChapterE+W

The Welsh Ministers may by regulations amend this Chapter to make further or different provision about the exercise of the functions of the Public Services Ombudsman for Wales under section 69.]

Textual Amendments

70 [F454Ceasing investigations etc.]E+W

F455(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F456(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F457The Public Services Ombudsman for Wales] may cease an investigation under section 69 at any stage before its completion.

(4)Where [F458the 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 F459..., [F458the 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.

Textual Amendments

F457Words in s. 70(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 14(b); S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)

F458Words in s. 70(4)(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 14(c); S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F459Words in s. 70(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 38(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Modifications etc. (not altering text)

Commencement Information

I47S. 70 wholly in force at 28.7.2001; s. 70 not in force at Royal Assent see s. 108; s. 70(1)(2) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 70 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Reports etc.E+W

71 Reports etc.E+W

(1)Where [F460the 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, F461...

[F462(ca)where the relevant authority concerned is a corporate joint committee, in the case of a member or co-opted member of the corporate joint committee who is also a member or co-opted member of—

(i)a constituent council of the corporate joint committee;

(ii)a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

the Ombudsman must send a copy of any such report to the monitoring officer of that constituent council or National Park authority (in addition to sending a copy of the report to the monitoring officer of the corporate joint committee in accordance with paragraph (c)),]

(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[F463, and

(da)where the relevant authority concerned is a corporate joint committee, in the case of a member or co-opted member of the corporate joint committee who is also a member or co-opted member of—

(i)a constituent council of the corporate joint committee;

(ii)a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

where the Ombudsman does not produce any such report the Ombudsman must inform the monitoring officer of that constituent council or National Park authority of the outcome of the investigation (in addition to informing the monitoring officer of the corporate joint committee in accordance with paragraph (d)).]

(2)Where [F460the 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.

[F464(2A)Where the Ombudsman determines in the case of a member or co-opted member of a corporate joint committee who is also a member or co-opted member of—

(a)a constituent council of the corporate joint committee;

(b)a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

that a finding under section 69(4)(c) is appropriate, in addition to taking the steps set out in subsection (2) the Ombudsman must send a copy of the report to the monitoring officer and standards committee of that constituent council or National Park authority.]

(3)Where [F460the 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.

[F465(3A)Where the Ombudsman determines in the case of a member or co-opted member of a corporate joint committee who is also a member or co-opted member of—

(a)a constituent council of the corporate joint committee;

(b)a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

that a finding under section 69(4)(d) is appropriate, in addition to taking the steps set out in subsection (3) the Ombudsman must send a copy of the report to the monitoring officer of that constituent council or National Park authority.]

(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 F466...—

(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)[F467if 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)[F468The 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.

[F469(7)In this Part a reference to a constituent council of a corporate joint committee means a constituent council as set out in the regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee.]

Textual Amendments

F460Words in s. 71(1)-(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 15(a); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F466Words in s. 71(4) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 39, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F467Words in s. 71(4)(b) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 15(b); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F468Words in s. 71(6) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 15(c); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

72 Interim reports.E+W

(1)Where he considers it necessary in the public interest, [F470the 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 [F470the 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 [F470the 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,

[F471(ba)where the relevant authority concerned is a corporate joint committee, in the case of a member or co-opted member of the corporate joint committee who is also a member or co-opted member of—

(i)a constituent council of the corporate joint committee;

(ii)a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

to the monitoring officer of that constituent council or National Park authority (in addition to being given to the monitoring officer of the corporate joint committee in accordance with paragraph (b)),] 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 F472...—

(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.

Textual Amendments

F470Words in s. 72(1)(3)(4) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 16; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F472Words in s. 72(6) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 40, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

References to monitoring officersE+W

73 Matters referred to monitoring officers.E+W

(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 [F47370(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[F474, or to the standards committee of another relevant authority,] in respect of any matters referred to him,

[F475(ba)enabling a standards committee of a relevant authority to refer a report or recommendations made by its monitoring officer to the standards committee of another relevant authority,]

[F476(c)enabling a standards committee of a relevant authority to consider any report or recommendations made or, as the case may be, referred to it by—

(i)a monitoring officer of a relevant authority, or

(ii)the standards committee of another relevant authority.

(ca)the procedure to be followed by a standards committee as respects a report or recommendation made or referred to it,]

(d)enabling a standards committee of a relevant authority, following its consideration of any such report or recommendations, to take any action prescribed by the regulations (including action against any member or co-opted member (or former member or co-opted member) of [F477a relevant authority] who is the subject of any such report or recommendation),

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

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

(a)conferring powers on a monitoring officer of a relevant authority to enable him to conduct an investigation in respect of any matters referred to him,

(b)conferring rights (including the right to make representations) on any member or co-opted member (or former member or co-opted member) of a relevant authority who is the subject of any such investigation.

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

(a)enabling a standards committee of a relevant authority to censure a member or co-opted member (or former member or co-opted member)F478...,

(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 [F479of which they are a member] for a limited period,

(c)conferring a right of appeal on a member or co-opted member (or former member or co-opted member) of a relevant authority in respect of any action taken against him.

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

F480(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Where [F481the Public Services Ombudsman for Wales] refers any matters to the monitoring officer of a relevant authority under section [F482 70(4) or (5) or 71(2) or (4) ] he may give directions to the monitoring officer as to the way in which those matters are to be dealt with.

Textual Amendments

F480S. 73(6) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 41, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F481Words in s. 73(7) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 17; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

Commencement Information

I48S. 73 wholly in force at 28.7.2001; s. 73 not in force at Royal Assent see s. 108; s. 73 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 73 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F483Law of defamationE+W

Textual Amendments

74Law of defamation: absolute privilegeE+W

For the purposes of the law of defamation a publication of a matter is absolutely privileged if—

(a)the publication is made in the exercise of the functions of the Ombudsman under Chapters 3 and 4 of this Part;

(b)the publication—

(i)is made in communications with the Ombudsman or a person exercising a function of the Ombudsman, and

(ii)is made for the purposes of, or in connection with, the Ombudsman's functions under Chapters 3 and 4 of this Part.]

Chapter IVE+W Adjudications

[F484The Adjudication Panel for Wales] E+W

Textual Amendments

75 [F485Adjudication Panel for Wales].E+W

F486(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F487(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F487(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F488(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F489(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F490(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F491(12)A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Adjudication Panel for Wales may, at the request of the president or the deputy president (if any) and with the approval of the President of Welsh Tribunals, act as a member of a tribunal drawn from the Panel.]

Textual Amendments

F491S. 75(12) inserted (12.12.2017 being the day on which S.I. 2017/1282 comes into force) by Wales Act 2017 (c. 4), ss. 62(5), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2)

Commencement Information

I49S. 75 wholly in force at 28.7.2001; s. 75 not in force at Royal Assent see s. 108; s. 75(2)(5)(6)(8) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 75 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 75 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Case tribunals and interim case tribunalsE+W

76 Case tribunals and interim case tribunals.E+W

(1)Adjudications in respect of matters referred to the president of the [F492Adjudication Panel for Wales] under section F493... 71(3) are to be conducted by tribunals (referred to in this Part as case tribunals) consisting of not less than three members of the Panel.

(2)Adjudications in respect of matters referred to the president of the [F494Adjudication Panel for Wales] under section F495... 72(4) are to be conducted by tribunals (referred to in this Part as interim case tribunals) consisting of not less than three members of the Panel.

(3)The president of the [F496Adjudication Panel for Wales] (or in his absence the deputy president) is to appoint the members of any case tribunal or interim case tribunal.

(4)A case tribunal drawn from the [F497Adjudication Panel for Wales] may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section F498... 71(3).

(5)An interim case tribunal drawn from the [F499Adjudication Panel for Wales] may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section F500...72(4).

(6)The president or the deputy president of the [F501Adjudication Panel for Wales] may be a member of a case tribunal or interim case tribunal drawn from the Panel.

(7)A member of the [F502Adjudication 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 [F503Adjudication Panel for Wales] who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an adjudication conducted by a case tribunal or interim case tribunal—

(a)must disclose the nature of his interest to the president or deputy president of that Panel, and

(b)may not be a member of a case tribunal or interim case tribunal which conducts an adjudication in relation to that matter.

(9)Where there is no deputy president of the [F504Adjudication Panel for Wales], the reference in subsections (3) and (8) to the deputy president is to be treated as a reference to such member of the Panel as F505...the National Assembly for Wales may specify.

F506(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)A person who is a member of an interim case tribunal which, as a result of an investigation under section F507... 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.

F508(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F509(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F510(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I50S. 76 wholly in force at 28.7.2001; s. 76 not in force at Royal Assent see s. 108; s. 76(13) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 76 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 76 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

AdjudicationsE+W

77 Adjudications.E+W

(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.

F511(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F511(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F512(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F513the 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) F514... 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.

Textual Amendments

F512S. 77(5) omitted (12.12.2017 being the day on which S.I. 2017/1282 comes into force) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 58 (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2)

F513Words in s. 77(6)(e) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F514Words in s. 77(7) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 42, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I51S. 77 wholly in force at 28.7.2001; s. 77 not in force at Royal Assent see s. 108; s. 77(4)(6) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 77 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 77 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

78 Decisions of F515... interim case tribunals.E+W

(1)[F516In adjudicating on any of the matters which are the subject of an interim report, F517... an interim case tribunal] must reach one of the following decisions—

(a)that the person to whom the recommendation mentioned in section F518... 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 [F519relevant authority concerned] for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.

[F520(2)If the decision of [F521the interim case tribunal] 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 [F522the interim case tribunal] is as mentioned in subsection (1)(b), the tribunal must give notice to the standards committee of the relevant authority concerned stating that the person concerned is suspended or partially suspended for the period, and in the way, that the tribunal has decided.

(3A)The effect of a notice given under subsection (3) is to suspend or partially suspend the person concerned as mentioned in subsection (3).]

F523(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A decision of an interim case tribunal under this section shall not prevent [F524the 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 [F525is given by virtue of section F526... 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, F527...

(b)to the monitoring officer of the relevant authority concerned[F528, and

(ba)where the relevant authority concerned is a corporate joint committee, in the case of a member or co-opted member of the corporate joint committee who is also a member or co-opted member of—

(i)a constituent council of the corporate joint committee;

(ii)a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

to the monitoring officer of that constituent council or National Park authority (in addition to being given to the monitoring officer of the corporate joint committee in accordance with paragraph (b)).]

[F529(8)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—

F530(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F531... the other relevant authority is also in Wales.]

(9)F532... an interim case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the investigation under section F533... 69 of its decision under this section.

F534(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F534(9B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F534(9C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F534(9D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)[F535Where 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.

[F536(11)An appeal may not be brought under subsection (10) except with the leave of the High Court.]

Textual Amendments

F515Words in s. 78 heading repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F517Words in s. 78(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(3)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F518Words in s. 78(1)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(3)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F521Words in s. 78(2) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(4); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F522Words in s. 78(3) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(5); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F524Words in s. 78(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 19; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F526Words in s. 78(6) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(7), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F530S. 78(8A)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(8)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F531Words in s. 78(8A)(b) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(8)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F532Words in s. 78(9) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(9)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F533Words in s. 78(9) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(9)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F534S. 78(9A)-(9D) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(10), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

Commencement Information

I52S. 78 wholly in force at 28.7.2001; s. 78 not in force at Royal Assent see s. 108; s. 78 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 78 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

F53878ADecisions of [F537First-tier Tribunal] E+W

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

Textual Amendments

F538S. 78A repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 44, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F53978B Section 78A: supplementaryE+W

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

Textual Amendments

F539S. 78B repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 45, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(m) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

79 [F540Decisions of case tribunals: Wales.]E+W

[F541(A1)In this section “Welsh case tribunal” means a case tribunal drawn from the Adjudication Panel for Wales.]

(1)A [F542Welsh 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 [F542Welsh 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 [F542Welsh 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 [F542Welsh 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 [F542Welsh 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 [F542Welsh 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 [F542Welsh 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 [F543is suspended or partially suspended] for the period, and in the way, which the tribunal has decided.

[F544(9)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 [F542Welsh 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—

[F545(a)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.

[F546(12A)In the case of a member or co-opted member of a corporate joint committee who is also a member or co-opted member of—

(a)a constituent council of the corporate joint committee;

(b)a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

a copy of any notice under this section must be given to the monitoring officer of that constituent council or National Park authority (in addition to the steps required by subsection (12) being taken).]

(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 F547...

(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,

[F548(b)the reference in subsection (4)(a) to the relevant authority concerned is to be treated as a reference to that other relevant authority,]

(c)the duty to give notice to the standards committee of the relevant authority concerned under subsection (8) is to be treated as a duty—

(i)to give that notice to the standards committee of that other relevant authority, and

(ii)to give a copy of that notice to the standards committee of the relevant authority concerned,

(d)the reference in subsection (12)(c) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.

(14)A [F542Welsh case tribunal] must take reasonable steps to inform any person who made any allegation which gave rise to the adjudication of the decision of the [F542Welsh case tribunal] under this section.

(15)Where a [F542Welsh 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.

[F549(16)An appeal may not be brought under subsection (15) except with the leave of the High Court.]

Textual Amendments

F547Words in s. 79(13) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 46, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F548S. 79(13)(b) substituted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 199(8)(b), 245(5) (with s. 201); S.I. 2008/3110, art. 2(f)

F549S. 79(16) inserted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 199(9), 245(5) (with s. 201); S.I. 2008/3110, art. 2(f)

Commencement Information

I53S. 79 wholly in force at 28.7.2001; s. 79 not in force at Royal Assent see s. 108; s. 79 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 79 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

80 Recommendations by F550... case tribunals.E+W

(1)[F551Where F552... 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)[F553A case tribunal] must send a copy of any recommendations it makes under subsection (1) to the relevant person.

(3)A relevant authority to whom recommendations are made under subsection (1) must consider the recommendations and, within a period of three months beginning with the day on which the recommendations are received, prepare a report for the [F554Public 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 M28Local Government Act 1972 [F555or regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for discharge of functions)] applies, is not to be a function to which [F556that section or regulation applies]).

(5)If the [F557Public 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 [F557Public 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.

F558(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F550Words in s. 80 heading repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F552Words in s. 80(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F553Words in s. 80(2) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(4); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F554Words in s. 80(3) substituted (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(5); S.I. 2012/57, art. 5(1)(a)(c)(2)(n) (with arts. 6, 8); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F557Words in s. 80(5) substituted (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(6); S.I. 2012/57, art. 5(1)(a)(c)(2)(n) (with arts. 6, 8); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F558S. 80(6) repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(7), Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(n) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I54S. 80 wholly in force at 28.7.2001; s. 80 not in force at Royal Assent see s. 108; s. 80 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 80 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Chapter VE+W Supplementary

Disclosure and registration of members’ interests etc.E+W

81 Disclosure and registration of members’ interests etc.E+W

(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[F559, or by the standards committee of another relevant authority,] in accordance with regulations made under subsection (5).

(5)The [F560Welsh Ministers] may prescribe in regulations the

[F561(a)]circumstances in which standards committees may grant dispensations under subsection (4),

[F562(b)procedure to be followed for the granting of dispensations.]

(6)A relevant authority must ensure that

[F563(a)] 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,

[F564(b)the register mentioned in paragraph (a) is published electronically.]

(7)As soon as practicable after the establishment by their monitoring officer of a register under this section, a relevant authority must—

(a)publish in one or more newspapers circulating in their area a notice which—

(i)states that copies of the register are available at an office of the authority for inspection by members of the public at all reasonable hours, and

(ii)specifies the address of that office, and

[F565(iii)states that the register is available to be viewed electronically, and

(iv)specifies how to access the electronic version,]

F566(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F567(c)F568... inform the Public Services Ombudsman for Wales that copies of the register are so available.]

[F569(7ZA)But subsections (6) and (7) do not apply to a relevant authority which is a corporate joint committee.

(7ZB)A relevant authority which is a corporate joint committee must publish electronically the register maintained under subsection (1).]

[F570(7A)For the purposes of this section—

(a)section 83(13) does not apply, and

(b)in relation to a relevant authority which is a community council, the references in this section to a monitoring officer are to be read as references to the proper officer of that council (within the meaning of section 270(3) of the Local Government Act 1972).]

F571(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F560Words in s. 81(5) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 48(2); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F563Words in s. 81(6) renumbered as s. 81(6)(a) (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 58(2)(a), 75(3); S.I. 2015/1182, art. 2(d)

F567S. 81(7)(c) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 22(b); S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)

F568Words in s. 81(7)(c) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 48(3)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F571S. 81(8) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 48(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I55S. 81 wholly in force at 28.7.2001; s. 81 not in force at Royal Assent see s. 108; s. 81(5)(8) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 81 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 81 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Code of conduct for local government employeesE+W

82 Code of conduct for local government employees.E+W

F572(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F573....

(3)The power under subsection F574... (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.

F575(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F575(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)such representatives of relevant authorities F576... and of employees of [F574those] authorities, as it considers appropriate,

(b)the [F577Auditor General for Wales], and

(c)[F578the 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—

F579(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F580... by the National Assembly for Wales.

Textual Amendments

F572S. 82(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F573Words in s. 82(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F574Word in s. 82(6)(a) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(6)(b); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F575S. 82(4)(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(5), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F576Words in s. 82(6)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(6)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F578Words in s. 82(6)(c) substituted (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 23; S.I. 2005/2800, arts. 4(1)(d)(2), 5(1) (with art. 4(3))

F579S. 82(9)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(7)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F580Words in s. 82(9)(b) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(7)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I56S. 82 wholly in force at 28.7.2001; s. 82 not in force at Royal Assent see s. 108; s. 82(2)(3)(6)(8)(9) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 82 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 82 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F581Delegation by monitoring officersE+W

Textual Amendments

F581S. 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 3E+W

(1)This section applies to functions of a monitoring officer of a relevant authority in relation to matters referred to him under section F582[F583... 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.]

Textual Amendments

F582Words in s. 82A repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 50, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

InterpretationE+W

83 Interpretation of Part III.E+W

(1)In this Part—

  • F584. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “case tribunal” has the meaning given by section 76(1),

  • “code of conduct” means a code of conduct under section 51,

  • [F585“constituent council”, in relation to a corporate joint committee, has the meaning given by section 71(7),]

  • “co-opted member” has the meaning given by section 49(7),

  • [F585“corporate joint committee” has the meaning given by section 49(8),]

  • “elected mayor” and “elected executive member” have the meaning given by section 39(1) and (4),

  • F586. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “executive” is to be construed in accordance with section 11,

  • “executive arrangements” has the meaning given by section 10,

  • F587...

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

  • F588. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “model code of conduct” is to be construed in accordance with section 50 F589... (2),

  • F590. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F591. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “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.

F592(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F593(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F594(10A)A person who is suspended under this Part from being a member of a relevant authority other than a corporate joint committee shall also be suspended, if they are a member of a corporate joint committee, 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.

F595(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F596(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F596(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F584Words in s. 83(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(2)(a)(i), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F586Words in s. 83(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(2)(a)(ii), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F588Words in s. 83(1) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 24(a), 7; S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)

F589Words in s. 83(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(2)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F590Words in s. 83(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(2)(a)(iii), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F592S. 83(4) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F595S. 83(12) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F596S. 83(15)(16) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I57S. 83 wholly in force at 28.7.2001; s. 83 not in force at Royal Assent see s. 108; s. 83(1)-(3)(5)-(14) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 83 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 83 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Part IVE+W Elections

84 Meaning of “local authority” and “principal council” in Part IV.E+W

(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 [F597England].E+W

(1)For the purposes of this Part [F598as it applies in relation to a principal council for an area in England,] the three options for the scheme for the ordinary elections of councillors of [F599such] 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.

Textual Amendments

86 Power to specify a scheme for elections.E+W

[F600(A1)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.]

F601(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

87 Power to change years in which elections held.E+W

(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.E+W

(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.E+W

(1)The M29Local Government Act 1992 is amended as mentioned in subsections (2) and (3).

F602(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F602(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 6(2)(a) of the M30Local 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 ”.

Textual Amendments

Marginal Citations

Part VE+W+S Miscellaneous

Surcharge etc.E+W

90 Surcharge etc.E+W

(1)The M31Audit 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.

Commencement Information

I58S. 90 partly in force; s. 90 not in force at Royal Assent, see s. 108(3)(7); s. 90 in force (E.) at 27.7.2002 by S.I. 2002/1718, art. 2(a); s. 90 in force (W.) in relation to police authorities by S.I. 2002/1718, art. 2(a)

Marginal Citations

91 Advisory notices.E+W

F603(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Sections 20 to 23 of the M32Audit Commission Act 1998 (prohibition orders) cease to have effect.

Textual Amendments

Commencement Information

I59S. 91 partly in force; s. 91 not in force at Royal Assent see s. 108; s. 91 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2

Marginal Citations

Maladministration etc.E+W

92 Payments in cases of maladministration etc.E+W

(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.

Modifications etc. (not altering text)

C172S. 92: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Commencement Information

I60S. 92 wholly in force at 28.7.2001; s. 92 not in force at Royal Assent see s. 108; s. 92 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 92 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Welfare servicesE+W+S

93 Grants for welfare services.E+W

(1)The Secretary of State may, with the consent of the Treasury, pay grants to local authorities in England towards expenditure incurred by them

[F604(a)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

[F605(a)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.

[F606(6A)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,

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

Textual Amendments

F604S. 93(1)(a)(b) substituted (7.11.2002) for words by 2002 c. 38, ss. 136(2), 148(1) (with Sch. 4 paras. 6-8)

F605S. 93(2)(a)(b) substituted (7.11.2002) for word by 2002 c. 38, ss. 136(3), 148(1) (with Sch. 4 paras. 6-8)

F606S. 93(6A) inserted (7.11.2002) by 2002 c. 38, ss. 136(4), 148(1) (with Sch. 4 paras. 6-8)

Commencement Information

I61S. 93 partly in force; s. 93 not in force at Royal Assent see s. 108; s. 93 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 93(2) in force (W.) at 30.6.2002 by S.I. 2002/1359, art. 2(a); S. 93(3)-(12) in force (W.) at 30.6.2002 insofar as they relate to local authorities in Wales by S.I. 2002/1359, art. 2(b)

F60794 Disclosure of information.E+W+S

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

Textual Amendments

F607S. 94 repealed (5.8.2008 for specified purposes, 1.9.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), ss. 42(11), 70(2), Sch. 8; S.I. 2008/2101, art. 2(1)(2)(a)(c) (with art. 3(1)(2))

Modifications etc. (not altering text)

C173S. 94 functions made exercisable concurrently (with effect in accordance with art. 25(1) of the amending S.I.) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 2, 25(2)(xxxiv) (with art. 35)

C174S. 94 functions made exercisable concurrently (with effect in accordance with art. 25(1) of the amending S.I.) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 2, 25(2)(xxxiv) (with art. 35)

Commencement Information

I62S. 94 not in force at Royal Assent see s. 108; s. 94 in force (E.) at 1.8.2001 by S.I. 2001/2684, art. 2

F60895 Unauthorised disclosure of information.E+W+S

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

Textual Amendments

F608S. 95 repealed (5.8.2008 for specified purposes, 1.9.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), ss. 42(11), 70(2), Sch. 8; S.I. 2008/2101, art. 2(1)(2)(a)(c) (with art. 3(1)(2))

Commencement Information

I63S. 95 partly in force; s. 95 not in force at Royal Assent see s. 108; s. 95 in force (E.) at 1.8.2001 by S.I. 2001/2684, art. 2

Prospective

96 Housing benefit.E+W+S

(1)Section 130 of the M33Social 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.”

Marginal Citations

Access to informationE+W

97 Background papers.E+W

(1)In section 100D of the M34Local 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.

Commencement Information

I64S. 97 wholly in force at 28.7.2001; s. 97 not in force at Royal Assent see s. 108; s. 97 in force at 1.10.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 3; s. 97 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

98 Meetings and documents: notice etc.E+W

(1)In section 100K of the M35Local 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.”

Commencement Information

I65S. 98 wholly in force at 28.7.2001; s. 98 not in force at Royal Assent see s. 108; s. 98 in force at 1.10.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 3; s. 98 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Allowances and pensionsE+W

99 Allowances and pensions for certain local authority members.E+W

(1)The provision which may be made by regulations under section 7 of the M36Superannuation 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 [F609; 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 M37Local 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.”

Textual Amendments

Commencement Information

I66S. 99 wholly in force at 28.7.2001; s. 99 not in force at Royal Assent see s. 108(4); s. 99(1)-(3)(5)-(9) with the exception of so much of subsection (3) as relates to subsection (4) in force at 19.2.2001 in relation to England only by S.I. 2001/415, art. 2(b); s. 99 in force at 28.7.2001 in so far as not already in force see s. 108(4)

Marginal Citations

F610100 Power to make provision about allowances.E+W

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

Textual Amendments

Indemnification of members and officers of relevant authoritiesE+W

101 Indemnification of members and officers of relevant authorities.E+W

(1)The Secretary of State may by order make provision for or in connection with conferring power on relevant authorities in England F611... 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 F612... 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,

  • [F613“relevant authority” has] the same meaning as in Part III of this Act.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I67S. 101 wholly in force at 28.7.2001; s. 101 not in force at Royal Assent see s. 108; s. 101(2)-(5) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 101 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Social services functionsE+W

102 Social services functions.E+W

F614(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Section 6(5) of [F615the 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.”

Textual Amendments

F615Words in s. 102(2) substituted (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(5)(b), 67(7)(e); S.I. 2005/394, art. 2(2)(f); S.I. 2006/885, art. 2(e)

Commencement Information

I68S. 102 wholly in force at 28.7.2001; s. 102 not in force at Royal Assent see s. 108; s. 102 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 102 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Recoupment by local authorities of cost of providing day careE+W

103 Recoupment by local authorities of cost of providing day care.E+W

(1)In subsection (3) of section 29 of the M38Children 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.”

Commencement Information

I69S. 103 wholly in force at 28.7.2001; s. 103 not in force at Royal Assent see s. 108; s. 103 in force at 25.8.2000 in relation to England by S.I. 2000/2420, art. 2; s. 103 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Prohibition on promoting homosexuality: bullyingE+W

F616104 Prohibition on promoting homosexuality: bullying.E+W

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

Textual Amendments

Part VIU.K. Supplemental

105 Orders and regulations.E+W+S

(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.

F617(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)[F618Subject to subsection (6A),] a statutory instrument which contains an order under section 3(3)F619..., 6, [F6209N F621... or 101, or regulations under [F622 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.

[F623(6A)Subsection (6) does not apply to a statutory instrument which contains an order under section 3(3)F624... 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.

[F625(7A)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 M39Interpretation Act 1978).]

Textual Amendments

F618Words in s. 105(6) inserted (18.11.2003 for E.; 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 14(2); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.);S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F621Words in s. 105(6) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 52, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F623S. 105(6A) inserted (18.11.2003 for E.; 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 14(3); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Marginal Citations

106 Wales.E+W

(1)In their application to Wales—

F626(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F627(5)F628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A statutory instrument which contains an order made by the Welsh Ministers under section 21A(13)(b) [F629or regulations made under [F630section 11(9),] section 53(11) or (subject to subsection (6A)) section 54(5)] is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

[F631(6A)Where a statutory instrument contains regulations made under section 54(5) which include provision adding to, replacing or omitting any part of the text of an Act of Parliament or a Measure or Act of the National Assembly for Wales, the instrument may not be made unless a draft of it has been laid before, and approved by a resolution of, the National Assembly for Wales.]

(7)A statutory instrument which contains an order under section 21G [F632or regulations under section 52A(3)] [F633or regulations under section 69F] 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.]

Textual Amendments

107 Minor and consequential amendments and repeals.U.K.

(1)Schedule 5 (minor and consequential amendments) has effect.

(2)The repeals set out in Schedule 6 have effect.

Commencement Information

I70S. 107 partly in force; s. 107 not in force at Royal Assent see s. 108(4); s. 107(2) in force at 1.10.2000 for certain purposes in relation to England only by S.I. 2000/2187, arts. 1(3), 3; s. 107(2) in force at 18.10.2000 for certain purposes in relation to England only by S.I. 2000/2836, arts. 1(3), 2(c); s. 107 in force at 26.10.2000 for certain purposes by S.I. 2000/2849, arts. 1(3), 2(h); s. 107(2) in force at 9.4.2001 with application to Wales only by S.I. 2001/1471, art. 2; s. 107 in force at 28.7.2001 for certain purposes see s. 108(4)-(6)

I71S. 107 in force for specified purposes at 22.5.2012 by S.I. 2012/1358, art. 2(c)

108 Commencement.E+W+S

(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 M40Education Act 1996,

come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3)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 M41Local Government Act 1972,

(ii)of sections 94 to 98 and 105 of that Act,

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

(iv)of the provisions of the M42Local Government Act 1974, the M43Local Government Act 1985, the M44Transport Act 1985 and the M45Financial Services Act 1986 specified in Schedule 6,

(v)of sections 19, 31 and 32(1) of the M46Local Government and Housing Act 1989,

(vi)in Schedule 11 to that Act,

(vii)of the provisions of the M47Local Government Finance Act 1992, the M48Local Government (Wales) Act 1994, the M49Police and Magistrates’ Courts Act 1994, the Environment Act 1995, the M50Police M51 Act 1996, the Police Act 1997, the M52Audit M53 Commission Act 1998 and the M54Greater 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.

(5)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

(d)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.

(6)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.

(7)An order under subsection (3), (5) or (6) may appoint different days for different purposes.

Subordinate Legislation Made

P1S. 108(3)(7) power partly exercised (W.): 1.8.2001 appointed for specified provisions by S.I. 2001/2684, art. 2

S. 108(3)(7) power partly exercised (W.): 30.6.2002 appointed for specified provisions by S.I. 2002/1359, art. 2

S. 108(3)(7) power partly exercised: 27.7.2002 appointed for specifed provisions by S.I. 2002/1718, art. 2

P2S. 108(5)(7) power partly exercised: different dates appointed for specified provisions by S.I. 2000/2187, arts. 2, 3

S. 108(5)(7) power partly exercised: 18.10.2000 appointed for specified provisions by S.I. 2000/2836, art. 2

S. 108(5)(7) power partly exercised: 26.10.2000 appointed for specified provisions by S.I. 2000/2849, art. 2

S. 108(5)(7) power partly exercised: 19.12.2000 appointed for specified provisions and purposes by S.I. 2000/3335, art. 2

S. 108(5)(7) power partly exercised: 19.2.2001 appointed for specified provisions by S.I. 2001/415, art. 2

P3S. 108(5)(d) power partly exercised: 25.8.2000 appointed for specified provisions by S.I. 2000/2420, art. 2

P4S. 108(6) power partly exercised: 1.11.2000 appointed for specified provisions by S.I. 2000/2948, art. 2

S. 108(6) power partly exercised: 9.4.2001 appointed for specified provisions by S.I. 2001/1471, art. 2

Marginal Citations

109 Short title and extent.U.K.

(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.

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