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- Point in Time (15/09/2011)
- Original (As enacted)
Version Superseded: 03/12/2011
Point in time view as at 15/09/2011.
Local Government Act 2000 is up to date with all changes known to be in force on or before 25 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 23.
1(1)This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and cabinet executive.E+W
(2)Subject to section 11(8), the executive arrangements must include provision which enables the elected mayor to determine the number of councillors who may be appointed to the executive under section 11(2)(b).
(3)The executive arrangements must include provision which requires the elected mayor to appoint one of the members of the executive to be his deputy (referred to in this paragraph as the deputy mayor).
(4)Subject to sub-paragraph (5), the deputy mayor, unless he resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
(5)The elected mayor may, if he thinks fit, remove the deputy mayor from office.
(6)Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person in his place.
(7)If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in his place.
(8)If for any reason—
(a)the elected mayor is unable to act or the office of elected mayor is vacant, and
(b)the deputy mayor is unable to act or the office of deputy mayor is vacant,
the executive must act in the elected mayor’s place or must arrange for a member of the executive to act in his place.
(9)In the case of a local authority in Wales, the deputy mayor is entitled to the style of “dirprwy faer”.
Commencement Information
I1Sch. 1 para. 1 wholly in force at 28.7.2001; Sch. 1 para. 1 not in force at Royal Assent see s. 108; Sch. 1 para. 1 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(c); Sch. 1 para. 1 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Textual Amendments
F1Sch. 1 para. 1A and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 28
1A(1)This paragraph applies in relation to executive arrangements by a local authority which provide for a leader and cabinet executive (England).E+W
(2)Subject to section 11(8), the executive arrangements must include provision which enables the executive leader to determine the number of councillors who may be appointed to the executive under section 11(2A)(b).
(3)The executive arrangements must include provision which requires the executive leader to appoint one of the members of the executive to be his deputy (referred to in this paragraph as the deputy executive leader).
(4)Subject to sub-paragraph (5), the deputy executive leader, unless he resigns as deputy executive leader or ceases to be a member of the authority, is to hold office until the end of the term of office of the executive leader.
(5)The executive leader may, if he thinks fit, remove the deputy executive leader from office.
(6)Where a vacancy occurs in the office of deputy executive leader, the executive leader must appoint another person in his place.
(7)If for any reason the executive leader is unable to act or the office of executive leader is vacant, the deputy executive leader must act in his place.
(8)If for any reason—
(a)the executive leader is unable to act or the office of executive leader is vacant, and
(b)the deputy executive leader is unable to act or the office of deputy executive leader is vacant,
the executive must act in the executive leader's place or must arrange for a member of the executive to act in his place.]
Textual Amendments
F2Sch. 1 para. 2 heading substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 29(1)
2(1)This paragraph applies in relation to executive arrangements by a local authority which provide for a [F3leader and cabinet executive (Wales)].E+W
(2)The executive arrangements may include provision with respect to—
(a)the election and term of office of the executive leader, and
(b)the appointment and term of office of members of the executive appointed under section 11(3)(b)(ii).
(3)Subject to section 11(8), the executive arrangements must include provision which either—
(a)enables the authority to determine the number of councillors who may be appointed to the executive under section 11(3)(b), or
(b)enables the executive leader to determine the number of councillors who may be so appointed.
(4)Section 101 of the M1Local Government Act 1972 does not apply to the function of determining the number of councillors under [F4sub-paragraph (3)(a).]
Textual Amendments
F3Words in Sch. 1 para. 2(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 29(3)
F4Words in Sch. 1 para. 2(4) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 29(4)
Commencement Information
I2Sch. 1 para. 2 wholly in force at 28.7.2001; Sch. 1 para. 2 not in force at Royal Assent see s. 108; Sch. 1 para. 2 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(c); Sch. 1 para. 2 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations
3[F5(1)This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and council manager executive.E+W
(2)The executive arrangements may include provision with respect to the appointment and term of office of the council manager.
(3)The executive arrangements must include provision which requires the elected mayor to appoint a member of the authority to be his deputy (referred to in this paragraph as the deputy mayor).
(4)The deputy mayor may not be—
(a)the chairman or vice-chairman of the authority, nor
(b)a member of an overview and scrutiny committee of the authority.
(5)Subject to sub-paragraph (6), the deputy mayor, unless he resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
(6)The elected mayor may, if he thinks fit, remove the deputy mayor from office.
(7)Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person in his place.
(8)If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in his place.
(9)If for any reason—
(a)the elected mayor is unable to act or the office of elected mayor is vacant, and
(b)the deputy mayor is unable to act or the office of deputy mayor is vacant,
the council manager must act in the elected mayor’s place.
(10)Subject to [F6sub-paragraphs (11) and (12A)], the council manager—
(a)is entitled to attend, and speak at, meetings of the authority or any committee or sub-committee of the authority, but
(b)is not entitled to vote at such meetings.
(11)The council manager is entitled to attend, and speak at, meetings of an overview and scrutiny committee or sub-committee of the authority only if invited or required to do so by the committee or sub-committee.
(12)The reference in sub-paragraph (10) to a committee or sub-committee of the authority includes a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.
[F7(12A)The council manager of a local authority is entitled to vote at a meeting of a joint committee, or sub-committee of such a committee, if—
(a)that joint committee or sub-committee has been appointed for the purpose of discharging functions which, as respects that local authority, are the responsibility of the executive of the local authority; and
(b)the council manager is a member of that joint committee or sub-committee.]
(13)The council manager—
(a)is to be regarded for the purposes of Part I of the M2Local Government and Housing Act 1989 as holding a politically restricted post under the authority,
(b)may not also be the person who under section 151 of the M3Local Government Act 1972 has responsibility for the administration of the financial affairs of the authority, and
(c)may not also be the person who is responsible for performing the duties of the authority’s monitoring officer under section 5 of the M4Local Government and Housing Act 1989.
(14)The executive arrangements may include provision for the appointment by the elected mayor of one or more committees to advise the executive.
(15)The membership of any such committee as is mentioned in sub-paragraph (14) need not be determined in accordance with the political balance requirements.
(16)In the case of a local authority in Wales, the deputy mayor is entitled to the style of “dirprwy faer”.]
Textual Amendments
F5Sch. 1 para. 3 repealed (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 34(6), 178(2), Sch. 4 Pt. B
F6Words in Sch. 1 para. 3(10) substituted for words “sub-paragraph (11)” (E.) (18.5.2001) by S.I. 2001/1517, art. 6(2)(a)
F7Sch. 1 para. 3(12A) inserted (E.) (18.5.2001) by S.I. 2001/1517, art. 6(2)(b)
Commencement Information
I3Sch. 1 para. 3 wholly in force at 28.7.2001; Sch. 1 para. 3 not in force at Royal Assent see s. 108; Sch. 1 para. 3 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(c); Sch. 1 para. 3 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations
4E+WExecutive arrangements by a local authority may include provision with respect to—
(a)the quorum, proceedings and location of meetings of the executive,
(b)the appointment of committees of the executive, and
(c)the quorum, proceedings and location of meetings of committees of the executive.
Commencement Information
I4Sch. 1 para. 4 wholly in force at 28.7.2001; Sch. 1 para. 4 not in force at Royal Assent see s. 108; Sch. 1 para. 4 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(c); Sch. 1 para. 4 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
5E+WA member of a local authority who is not a member of the authority’s executive is entitled to attend, and speak at, a meeting of the executive, or of a committee of the executive, which is held in private only if invited to do so.
Commencement Information
I5Sch. 1 para. 5 wholly in force at 28.7.2001; Sch. 1 para. 5 not in force at Royal Assent see s. 108; Sch. 1 para. 5 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(c); Sch. 1 para. 5 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
6(1)The Secretary of State may by regulations make provision for or in connection with the appointment of a person (an “assistant”) to provide assistance to an elected mayor.E+W
(2)Regulations under this paragraph may include provision with respect to the terms and conditions of appointment of an assistant.
(3)Nothing in sub-paragraph (2) affects the generality of the power under sub-paragraph (1).
Commencement Information
I6Sch. 1 para. 6 wholly in force at 28.7.2001; Sch. 1 para. 6 not in force at Royal Assent see s. 108; Sch. 1 para. 6 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(c); Sch. 1 para. 6 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
7(1)In this paragraph “relevant English authority” means a local authority in England [F8which has education functions].E+W
(2)This paragraph applies to an overview and scrutiny committee of a relevant English authority if the committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
(3)This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant English authority if the sub-committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
(4)In the case of a relevant English authority which maintain one or more Church of England schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.
(5)A person is a qualifying person for the purposes of sub-paragraph (4) if he is nominated by the Diocesan Board of Education for any Church of England diocese which falls wholly or partly in the authority concerned’s area.
(6)In the case of a relevant English authority which maintain one or more Roman Catholic Church schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.
(7)A person is a qualifying person for the purposes of sub-paragraph (6) if he is nominated by the bishop of any Roman Catholic diocese which falls wholly or partly in the authority concerned’s area.
(8)A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (4) or (6) is to be entitled to vote at a meeting of the committee or sub-committee on any question—
(a)which relates to any education functions which are the responsibility of the authority concerned’s executive, and
(b)which falls to be decided at the meeting.
(9)The Secretary of State may by directions to a relevant English authority require any of the authority’s overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for the foundation or voluntary schools maintained by the authority which are not Church of England schools or Roman Catholic Church schools but which are specified in the directions.
(10)Directions under sub-paragraph (9) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
Textual Amendments
F8Words in Sch. 1 para. 7(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 47(2)
Commencement Information
I7Sch. 1 para. 7 wholly in force at 28.7.2001; Sch. 1 para. 7 not in force at Royal Assent see s. 108; Sch. 1 para. 7 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(c); Sch. 1 para. 7 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
8(1)In this paragraph “relevant Welsh authority” means a local authority in Wales [F9which has education functions].E+W
(2)This paragraph applies to an overview and scrutiny committee of a relevant Welsh authority if the committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
(3)This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant Welsh authority if the sub-committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
(4)An overview and scrutiny committee or sub-committee to which this paragraph applies must include one or more persons appointed as representatives of the persons who appoint foundation governors for the maintained schools which are maintained by the authority concerned and which are specified in directions made by the National Assembly for Wales as schools which have a character connected with a particular religion, or particular religious denomination, specified in the directions.
(5)Sub-paragraph (4) does not apply if there are no maintained schools which are maintained by the authority concerned and which are specified in directions under that sub-paragraph.
(6)A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (4) is to be entitled to vote at a meeting of the committee or sub-committee on any question—
(a)which relates to any education functions which are the responsibility of the authority concerned’s executive, and
(b)which falls to be decided at the meeting.
(7)The National Assembly for Wales may by directions to a relevant Welsh authority require any of the authority’s overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for such of the maintained schools which are maintained by the authority concerned and which are not specified in directions under sub-paragraph (4) as may be specified in directions under this sub-paragraph.
(8)Directions under sub-paragraph (7) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
Textual Amendments
F9Words in Sch. 1 para. 8(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 47(2)
Commencement Information
I8Sch. 1 para. 8 wholly in force at 28.7.2001; Sch. 1 para. 8 not in force at Royal Assent see s. 108; Sch. 1 para. 8(4)(5)(8) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; Sch. 1 para. 8 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
9(1)In this paragraph “relevant authority” means a local authority [F10which has education functions].E+W
(2)This paragraph applies to an overview and scrutiny committee of a relevant authority if the committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
(3)This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant authority if the sub-committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
(4)The Secretary of State may by regulations require an overview and scrutiny committee or sub-committee to which this paragraph applies to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools which are maintained by the relevant authority concerned.
(5)Regulations under this paragraph may make provision for—
(a)the number of persons who are to be elected in the case of any relevant authority,
(b)the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election,
(c)the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected,
(d)the term of office of persons so elected and their voting rights,
(e)the application to any such committee or sub-committee, with or without any modification, of any enactment (whenever passed or made) relating to committees or (as the case may be) sub-committees of a local authority,
(f)such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.
(6)Regulations under this paragraph may also make provision—
(a)enabling the Secretary of State to determine, where he considers it expedient to do so in view of the small number of maintained schools which are maintained by a relevant authority, that the requirement imposed on the committee or sub-committee by virtue of sub-paragraph (4) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools,
(b)for any regulations under this paragraph to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.
Textual Amendments
F10Words in Sch. 1 para. 9(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 47(2)
Commencement Information
I9Sch. 1 para. 9 wholly in force at 28.7.2001; Sch. 1 para. 9 not in force at Royal Assent see s. 108; Sch. 1 para. 9 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(c); Sch. 1 para. 9(4)-(6) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; Sch. 1 para. 9 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
10E+WThe following provisions of the M5Education Act 1996, namely—
(a)section 496 (powers of Secretary of State to require duties under that Act to be exercised reasonably), and
(b)section 497 (powers of Secretary of State where [F11local authorities] etc. are in default),
are to apply to the performance of any duty imposed on a local authority by virtue of paragraph 7, 8 or 9 as they apply to the performance by a [F12local authority] of a duty imposed by that Act.
Textual Amendments
F11Words in Sch. 1 para. 10 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 47(3)(a)
F12Words in Sch. 1 para. 10 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 47(3)(b)
Commencement Information
I10Sch. 1 para. 10 wholly in force at 1.11.2000; Sch. 1 para. 10 not in force at Royal Assent see s. 108; Sch. 1 para. 10 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(c); Sch. 1 para. 10 in force at 1.11.2000 in relation to Wales by S.I 2000/2948, art. 2
Marginal Citations
11E+WExcept for the expression “local authority”, expressions used in paragraphs 7 to 10 and the M6School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act.
Commencement Information
I11Sch. 1 para. 11 wholly in force at 1.11.2000; Sch. 1 para. 11 not in force at Royal Assent see s. 108; Sch. 1 para. 11 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(c); Sch. 1 para. 11 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2
Marginal Citations
[F1311A.E+WIn paragraphs 7 to 9 “education functions” has the meaning given by section 579(1) of the Education Act 1996.]
Textual Amendments
Textual Amendments
F14Sch. 1 paras. 12-14 and heading inserted (18.11.2003) by Local Government Act 2003 (c. 26), ss. 115, 128(3)(a); S.I. 2003/2938, art. 2(a) (with art. 8 Sch.)
12(1)A local authority in England may permit a co-opted member of an overview and scrutiny committee of the authority to vote at meetings of the committee.E+W
(2)Permission under sub-paragraph (1) may only be given in accordance with a scheme made by the local authority.
(3)A scheme for the purposes of this paragraph may include—
(a)provision for a maximum or minimum in relation to the number of co-opted members of an overview and scrutiny committee entitled to vote at meetings of the committee, and
(b)provision for giving effect to any maximum or minimum established under paragraph (a).
(4)The power to make a scheme for the purposes of this paragraph includes power to vary or revoke such a scheme.
(5)In this paragraph, references to a co-opted member, in relation to an overview and scrutiny committee of a local authority, are to a member of the committee who is not a member of the authority.
13(1)The Secretary of State may by regulations make provision about the exercise of the powers under paragraph 12.E+W
(2)Regulations under sub-paragraph (1) may, in particular, require schemes for the purposes of paragraph 12 (“voting rights schemes”)—
(a)to provide for permission to be given only by means of approving a proposal by the committee concerned;
(b)to provide for a proposal for the purposes of the scheme (“a scheme proposal”) to specify—
(i)the person to whom the proposal relates,
(ii)the questions on which it is proposed he should be entitled to vote, and
(iii)the proposed duration of his entitlement to vote,
and to include such other provision about the form and content of such a proposal as the regulations may provide;
(c)to provide for a scheme proposal to be made only in accordance with a published statement of the policy of the committee concerned about the making of such proposals;
(d)to include such provision about the procedure to be followed in relation to the approval of scheme proposals as the regulations may provide.
(3)Regulations under sub-paragraph (1) may include provision for the notification to the Secretary of State by local authorities of the making, variation or revocation of voting rights schemes.
(4)The Secretary of State may by direction require a local authority to vary a voting rights scheme.
14(1)A local authority which makes a scheme for the purposes of paragraph 12 shall, while the scheme is in force, make copies of it available at its principal office at all reasonable hours for inspection by members of the public.E+W
(2)If a local authority makes a scheme for the purposes of paragraph 12, or varies or revokes such a scheme, it must as soon as reasonably practicable after doing so publish in one or more newspapers circulating in its area a notice which complies with this paragraph.
(3)In the case of the making of a scheme, the notice under sub-paragraph (2) shall—
(a)record the making of the scheme,
(b)describe what it does,
(c)state that copies of it are available for inspection at the principal office of the local authority, and
(d)specify—
(i)the address of that office, and
(ii)the times when the scheme is available for inspection there.
(4)In the case of the variation of a scheme, the notice under sub-paragraph (2) shall—
(a)record the variation,
(b)describe what it does,
(c)state that copies of the scheme as varied are available for inspection at the principal office of the local authority, and
(d)specify—
(i)the address of that office, and
(ii)the times when the scheme is available for inspection there.
(5)In the case of the revocation of a scheme, the notice under sub-paragraph (2) shall record the revocation.]
Section 42.
Modifications etc. (not altering text)
C1Sch. 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.)
1E+WThis Schedule applies where there are three or more candidates to be an elected mayor of a local authority.
Commencement Information
I12Sch. 2 para. 1 wholly in force at 28.7.2001; Sch. 2 para. 1 not in force at Royal Assent see s. 108; Sch. 2 para. 1 in force at 28.7.2001 see s. 108(4)-(6)
2E+WIf one of the candidates to be the elected mayor receives more than half of all the first preference votes given in the election that candidate is to be returned as the elected mayor.
Commencement Information
I13Sch. 2 para. 2 wholly in force at 28.7.2001; Sch. 2 para. 2 not in force at Royal Assent see s. 108; Sch. 2 para. 2 in force at 28.7.2001 see s. 108(4)-(6)
3(1)If none of the candidates to be the elected mayor receives more than half of all the first preference votes given in the election the following provisions of this paragraph are to have effect.E+W
(2)The two candidates who received the greatest number of first preference votes given in the election remain in the contest.
(3)If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (2), all of them remain in the contest.
(4)The other candidates are eliminated from the contest.
(5)The number of second preference votes given in the election for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates is to be ascertained.
(6)That number is to be added to the number of first preference votes given for that candidate, to give his total number of preference votes.
(7)The person who is to be returned as the elected mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.
(8)If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the returning officer is to decide by lots which of them is to be returned as the elected mayor.
Modifications etc. (not altering text)
C2Sch. 2 para. 3(6) applied (1.2.2002) by S.I. 2002/185, reg. 47(1)
C3Sch. 2 para. 3(6) applied by SI 2002/185 Sch. 3 rule 47(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.)
C4Sch. 2 para. 3(8) applied by SI 2002/185 Sch. 3 rule 47(4) (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.)
Commencement Information
I14Sch. 2 para. 3 wholly in force at 28.7.2001; Sch. 2 para. 3 not in force at Royal Assent see s. 108; Sch. 2 para. 3 in force at 28.7.2001 see s. 108(4)-(6)
Section 46.
1(1)Section 2 of the M7Local Government Act 1972 (constitution of principal councils in England) is amended as follows.E+W
(2)After subsection (2) there is inserted—
“(2A)Where a council mentioned in subsection (1) or (2) above are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors.”
Commencement Information
I15Sch. 3 para. 1 wholly in force at 28.7.2001; Sch. 3 para. 1 not in force at Royal Assent see s. 108; Sch. 3 para. 1 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 1 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations
2(1)Section 3 of that Act (chairman of principal council in England) is amended as follows.E+W
(2)After subsection (1) there is inserted—
“(1A)A member of the executive of a principal council may not be elected as the chairman of the council.”
(3)After subsection (4) there is inserted—
“(4A)Subsection (4) above shall have effect in relation to a district council which are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive as if it provided for the elected mayor of the council to have precedence in the district, but this subsection shall not apply if the executive arrangements provide for it not to apply.”
Commencement Information
I16Sch. 3 para. 2 wholly in force at 28.7.2001; Sch. 3 para. 2 not in force at Royal Assent see s. 108; Sch. 3 para. 2 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 2 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
3(1)Section 5 of that Act (vice-chairman of principal council in England) is amended as follows.E+W
(2)After subsection (1) there is inserted—
“(1A)A member of the executive of a principal council may not be appointed as the vice-chairman of the council.”
Commencement Information
I17Sch. 3 para. 3 wholly in force at 28.7.2001; Sch. 3 para. 3 not in force at Royal Assent see s. 108; Sch. 3 para. 3 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 3 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
4(1)Section 21 of that Act (constitution of principal councils in Wales) is amended as follows.E+W
(2)After subsection (1) there is inserted—
“(1A)Where a council falling within subsection (1) are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors.”
Commencement Information
I18Sch. 3 para. 4 wholly in force at 28.7.2001; Sch. 3 para. 4 not in force at Royal Assent see s. 108; Sch. 3 para. 4 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 4 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
5(1)Section 22 of that Act (chairman of principal council in Wales) is amended as follows.E+W
(2)After subsection (1) there is inserted—
“(1A)A member of the executive of a principal council may not be elected as the chairman of the council.”
(3)After subsection (4) there is inserted—
“(4A)Subsection (4) above shall have effect in relation to a principal council which are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive as if it provided for the elected mayor of the council to have precedence in the area of that council, but this subsection shall not apply if the executive arrangements provide for it not to apply.”
Commencement Information
I19Sch. 3 para. 5 wholly in force at 28.7.2001; Sch. 3 para. 5 not in force at Royal Assent see s. 108; Sch. 3 para. 5 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 5 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
6(1)Section 24 of that Act (vice-chairman of principal council in Wales) is amended as follows.E+W
(2)After subsection (1) there is inserted—
“(1A)A member of the executive of a principal council may not be appointed as the vice-chairman of the council.”
Commencement Information
I20Sch. 3 para. 6 wholly in force at 28.7.2001; Sch. 3 para. 6 not in force at Royal Assent see s. 108; Sch. 3 para. 6 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 6 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
7(1)Section 25A of that Act (title of chairman or vice-chairman of county borough council) is amended as follows.E+W
(2)After subsection (2) there is inserted—
“(3)This section does not apply where a county borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive.”
Commencement Information
I21Sch. 3 para. 7 wholly in force at 28.7.2001; Sch. 3 para. 7 not in force at Royal Assent see s. 108; Sch. 3 para. 7 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 7 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
8(1)Section 80 of that Act (disqualifications for election and holding office as member of local authority) is amended as follows.E+W
(2)In subsection (1)(a) after “or deputy chairman” there is inserted “ or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive ”.
Commencement Information
I22Sch. 3 para. 8 wholly in force at 28.7.2001; Sch. 3 para. 8 not in force at Royal Assent see s. 108; Sch. 3 para. 8 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 8 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
9(1)Section 83 of that Act (declaration of acceptance of office) is amended as follows.E+W
(2)In subsection (1), after “councillor” there is inserted “ or elected mayor ”.
(3)In subsection (3), after paragraph (a) there is inserted—
“(aa)an elected mayor of the council to which the declarant is elected; or”.
Commencement Information
I23Sch. 3 para. 9 wholly in force at 28.7.2001; Sch. 3 para. 9 not in force at Royal Assent see s. 108; Sch. 3 para. 9 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 9 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
10(1)Section 84 of that Act (resignation) is amended as follows.E+W
(2)In subsection (1), after “Act” there is inserted “ or elected as an elected mayor ”.
Commencement Information
I24Sch. 3 para. 10 wholly in force at 28.7.2001; Sch. 3 para. 10 not in force at Royal Assent see s. 108; Sch. 3 para. 10 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 10 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
11(1)Section 245 of that Act (status of certain districts, parishes and communities) is amended as follows.E+W
(2)After subsection (1) there is inserted—
“(1A)Subsection (1)(b) above does not apply where the council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive.”
Commencement Information
I25Sch. 3 para. 11 wholly in force at 28.7.2001; Sch. 3 para. 11 not in force at Royal Assent see s. 108; Sch. 3 para. 11 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 11 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
12(1)Section 270 of that Act (general provisions as to interpretation) is amended as follows.E+W
(2)In subsection (1), after the definition of “Easter break” there is inserted—
““elected mayor” has the same meaning as in Part II of the Local Government Act 2000;”.
(3)In subsection (1), after the definition of “electoral area” there is inserted—
““executive”, “executive arrangements” and “executive leader” have the same meaning as in Part II of the Local Government Act 2000;”.
(4)In subsection (1), after the definition of “land” there is inserted—
““leader and cabinet executive” has the same meaning as in Part II of the Local Government Act 2000;”.
(5)In subsection (1), after the definition of “local statutory provision” there is inserted—
““mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000;”.
(6)After subsection (4) there is inserted—
“(4A)Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, subsection (4) above shall have effect with the omission of paragraphs (a) and (b).”
Commencement Information
I26Sch. 3 para. 12 wholly in force at 28.7.2001; Sch. 3 para. 12 not in force at Royal Assent see s. 108; Sch. 3 para. 12 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 12 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
13(1)Schedule 2 to that Act (constitution and membership of London borough councils) is amended as follows.E+W
(2)After paragraph 5 there is inserted—
5AWhere a London borough council are operating executive arrangements which involve a leader and cabinet executive—
(a)paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
(1A)A member of the executive of a London borough council may not be elected as the mayor of the borough.
,
(b)paragraph 5 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
(1A)A member of the executive of a London borough council may not be appointed as the deputy mayor.
5BWhere a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the preceding provisions of this Schedule shall have effect with the modifications specified in paragraphs 5C to 5I below.
5CThe council shall consist of an elected mayor, a chairman and councillors.
5DParagraphs 2(1) and 2(5) above shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough council”.
5EParagraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
(1A)A member of the executive of a London borough council may not be elected as the chairman of the council.
5FParagraphs 2(2) to (4) and 3 above shall have effect as if for any reference to “mayor” there were substituted “chairman”.
5GParagraph 2(5) above shall have effect as if it provided for the elected mayor to have precedence in the borough, but this paragraph shall not apply if the executive arrangements provide for it not to apply.
5HParagraph 5 above shall have effect as if for sub-paragraphs (1) to (3) there were substituted—
(1)A London borough council shall appoint a member of the council to be vice-chairman of the council.
(1A)A member of the executive of a London borough council may not be appointed as the vice-chairman of the council.
(2)The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.
(3)Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.”
5IParagraphs 5(4) above shall have effect as if for the expression “ deputy mayor” there were substituted “vice-chairman”.”
Commencement Information
I27Sch. 3 para. 13 wholly in force at 28.7.2001; Sch. 3 para. 13 not in force at Royal Assent see s. 108; Sch. 3 para. 13 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 13 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
14(1)Schedule 12 to that Act (meetings and proceedings of local authorities) is amended as follows.E+W
(2)In paragraph 5, after sub-paragraph (3) there is inserted—
“(4)A member of an executive of a principal council may not be chosen to preside under sub-paragraph (3) above.”
(5)Sub-paragraphs (2)(c) and (3)(c) above do not apply where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive. ”
Commencement Information
I28Sch. 3 para. 14 in force at 28.7.2001; Sch. 3 para. 14 not in force at Royal Assent see s. 108; Sch. 3 para. 14 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 14 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Section 57.
1(1)The Standards Board for England (referred to in this Schedule as the Standards Board) is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W
(2)The members and employees of the Standards Board are not to be regarded as civil servants and the property of the Board is not be regarded as property of, or held on behalf of, the Crown.
Commencement Information
I29Sch. 4 para. 1 wholly in force at 28.7.2001; Sch. 4 para. 1 not in force at Royal Assent see s. 108; Sch. 4 para. 1 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 1 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
2(1)The Standards Board may do such things and enter into such transactions as are calculated to facilitate, or are incidental or conducive to, the exercise of—E+W
(a)the functions of the Board,
(b)the functions of its ethical standards officers, F15...
(c)the functions of the [F16First-tier Tribunal under this Act,]
[F17(d)the functions of the standards committee of a relevant authority in England, or
(e)the functions of the monitoring officer of a relevant authority in England.]
(2)The power under sub-paragraph (1) includes power to acquire and dispose of land.
(3)Nothing in sub-paragraph (2) affects the generality of the power under sub-paragraph (1).
Textual Amendments
F15Word in Sch. 4 para. 2(1) repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 190(2)(a), 245(5), Sch. 18 Pt. 15 (with s. 201); S.I. 2008/172, art. 2(1)(l)(u)(ii) (with art. 2(2))
F16Words in Sch. 4 para. 2(1)(c) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 65(a) (with Sch. 5)
F17Sch. 4 para. 2(1)(d)(e) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 190(2)(b), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(l) (with art. 2(2))
Commencement Information
I30Sch. 4 para. 2 wholly in force at 28.7.2001; Sch. 4 para. 2 not in force at Royal Assent see s. 108; Sch. 4 para. 2 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 2 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
3(1)A person is to be disqualified for being appointed as, or for being, a member of the Standards Board if he is disqualified for being, or becoming (whether by election or otherwise), a member of a local authority or a member of a relevant authority.E+W
(2)A person may not be employed as an ethical standards officer if—
(a)he is disqualified for being, or becoming (whether by election or otherwise), a member of a local authority or a member of a relevant authority,
(b)he is a member or an officer of a relevant authority, or
(c)he is a member of a committee, sub-committee, joint committee or joint sub-committee of a relevant authority.
(3)An ethical standards officer is to be treated as being in breach of the terms of his employment if—
(a)he becomes disqualified for being, or becoming (whether by election or otherwise), a member of a local authority or a member of a relevant authority,
(b)he becomes a member or an officer of a relevant authority, or
(c)he becomes a member of a committee, sub-committee, joint committee or joint sub-committee of a relevant authority.
(4)In this paragraph “local authority” has the meaning given by section 270(1) of the M8Local Government Act 1972.
Commencement Information
I31Sch. 4 para. 3 wholly in force at 28.7.2001; Sch. 4 para. 3 not in force at Royal Assent see s. 108; Sch. 4 para. 3 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 3 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations
4E+WThe Secretary of State must appoint one of the members of the Standards Board to be chairman and another to be deputy chairman.
Commencement Information
I32Sch. 4 para. 4 wholly in force at 28.7.2001; Sch. 4 para. 4 not in force at Royal Assent see s. 108; Sch. 4 para. 4 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 4 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
5(1)Subject to the provisions of this paragraph, a person is to hold and vacate office as chairman, deputy chairman or member of the Standards Board in accordance with the terms of his appointment.E+W
(2)A chairman, deputy chairman or member of the Standards Board may at any time resign his office by notice in writing addressed to the Secretary of State.
(3)The Secretary of State may remove a chairman, deputy chairman or member of the Standards Board from office if the Secretary of State considers—
(a)that that person is unable or unfit to discharge the functions of his office, or
(b)that that person has not complied with the terms of his appointment.
(4)If a chairman or deputy chairman of the Standards Board ceases to be a member of the Board he is also to cease to be chairman or deputy chairman.
(5)A person who ceases, otherwise than by virtue of sub-paragraph (3), to be a chairman, deputy chairman or member of the Standards Board is to be eligible for re-appointment.
Commencement Information
I33Sch. 4 para. 5 wholly in force at 28.7.2001; Sch. 4 para. 5 not in force at Royal Assent see s. 108; Sch. 4 para. 5 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 5 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
6(1)Subject to sub-paragraph (2), the Standards Board may appoint a chief executive but any such appointment requires the consent of the Secretary of State.E+W
(2)The first appointment to the position of chief executive may be made by the Secretary of State after consultation with the chairman (or chairman designate) of the Standards Board.
(3)The Standards Board may, in addition to appointing a chief executive and ethical standards officers, appoint such employees as it considers necessary for the purpose of enabling the Board and its ethical standards officers to exercise their functions.
F18(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Subject to paragraph 7, employees of the Standards Board are to be appointed on such terms and conditions of service as the Board, with the approval of the Secretary of State, thinks fit.
Textual Amendments
F18Sch. 4 para. 6(4)(5) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 65(b) (with Sch. 5)
Commencement Information
I34Sch. 4 para. 6 wholly in force at 28.7.2001; Sch. 4 para. 6 not in force at Royal Assent see s. 108; Sch. 4 para. 6 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 6 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
7(1)The Standards Board may pay to—E+W
(a)any member of the Board such remuneration or allowances (if any) as the Secretary of State may determine,
(b)any employee of the Board such remuneration or allowances as the Secretary of State may determine.
(2)The Standards Board may—
(a)pay such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any persons who have been or are members or employees of the Board,
(b)make such payments as the Secretary of State may determine towards the provision of pensions, allowances or gratuities to or in respect of any such persons,
(c)provide and maintain such schemes (whether contributory or not) as the Secretary of State may determine for the payment of pensions, allowances or gratuities to or in respect of any such persons.
(3)Any reference in sub-paragraph (2) to pensions, allowances or gratuities to or in respect of any persons who have been or are members or employees of the Standards Board includes pensions, allowances or gratuities by way of compensation to or in respect of any members or employees of the Board who cease to hold office or suffer loss of office or employment.
Commencement Information
I35Sch. 4 para. 7 wholly in force at 28.7.2001; Sch. 4 para. 7 not in force at Royal Assent see s. 108; Sch. 4 para. 7 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 7 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
F198E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19Sch. 4 para. 8 omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 65(c) (with Sch. 5)
Commencement Information
I36Sch. 4 para. 8 wholly in force at 28.7.2001; Sch. 4 para. 8 not in force at Royal Assent see s. 108; Sch. 4 para. 8 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 8 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
9(1)The Standards Board may regulate its own procedure (and in particular may specify a quorum for meetings).E+W
(2)The validity of any proceedings of the Standards Board is not to be affected—
(a)by any vacancy among its members or in the office of chairman or deputy chairman,
(b)by any defect in the appointment of any person as chairman, deputy chairman or member, or
(c)by a contravention of paragraph 3 or 10.
Commencement Information
I37Sch. 4 para. 9 wholly in force at 28.7.2001; Sch. 4 para. 9 not in force at Royal Assent see s. 108; Sch. 4 para. 9 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 9 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Textual Amendments
F20Sch. 4 para. 9A and heading inserted (18.11.2003) by Local Government Act 2003 (c. 26), ss. 112, 128(3)(a); S.I. 2003/2938, art. 2(a) (with art. 8 Sch.)
9AU.K.The Standards Board may delegate any of its functions to—
(a)a committee or sub-committee established by the Board,
(b)an individual member of the Board, or
(c)an officer or servant of the Board.]
10(1)A member of the Standards Board who is directly or indirectly interested in any matter brought up for consideration at a meeting of the Board—E+W
(a)must disclose the nature of his interest to the meeting, and
(b)must not take part in any deliberation or decision of the Board with respect to that matter.
(2)A member is taken to be interested under sub-paragraph (1), in particular, where the matter being considered is a failure to comply with the code of conduct of a relevant authority and he is, or has been—
(a)a member or officer of that authority, or
(b)a member of a committee, sub-committee, joint committee or joint sub-committee of that authority.
Commencement Information
I38Sch. 4 para. 10 wholly in force at 28.7.2001; Sch. 4 para. 10 not in force at Royal Assent see s. 108; Sch. 4 para. 10 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 10 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
11E+WFor the purposes of the law of defamation, any statement (whether written or oral) made by an ethical standards officer in connection with the exercise of his functions shall be absolutely privileged.
Commencement Information
I39Sch. 4 para. 11 wholly in force at 28.7.2001; Sch. 4 para. 11 not in force at Royal Assent see s. 108; Sch. 4 para. 11 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 11 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
12(1)The Secretary of State must pay to the Standards Board in respect of each financial year such amount as he determines to be the amount required—E+W
(a)for the performance during that year of the functions of the Board, and
(b)for the performance during that year of the functions of its ethical standards officers.
(2)Any determination under sub-paragraph (1) requires the approval of the Treasury.
(3)In this paragraph “financial year” means—
(a)the period beginning with the date on which the Standards Board is established and ending with the next 31st March following that date, and
(b)each successive period of twelve months ending with 31st March.
Commencement Information
I40Sch. 4 para. 12 wholly in force at 28.7.2001; Sch. 4 para. 12 not in force at Royal Assent see s. 108; Sch. 4 para. 12 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 12 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
13(1)The Standards Board must—E+W
(a)keep proper accounts and records in relation to the accounts, and
(b)prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may, with the approval of the Treasury, direct.
(2)The accounts of the Standards Board [F21in respect of financial years ending on or before 31st March 2004]must be audited by persons appointed for the purpose for each[F22such] financial year by the Secretary of State.
(3)A copy of any accounts of the Standards Board audited under sub-paragraph (2), and of the report made on those accounts by the persons appointed to audit them, must be sent to the Secretary of State as soon as reasonably practicable after the report is received by the Board.
(4)The Secretary of State must lay before Parliament a copy of any accounts or report sent to him under sub-paragraph (3).
[F23(4A)The Standards Board must send to the Comptroller and Auditor General a copy of the statement of accounts prepared under sub-paragraph (1) in respect of each financial year ending on or after 31st March 2005 as soon as reasonably practicable after the end of the financial year to which the statement relates.
(4B)The Comptroller and Auditor General must examine, certify and report on each statement of accounts sent to him by the Board under sub-paragraph (4A) and must lay a copy of the statement and his report on it before each House of Parliament.]
(5)In this paragraph “financial year” has the meaning given by paragraph 12(3).
Textual Amendments
F21Words in Sch. 4 para. 13(2) inserted (23.5.2003) by Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 20(2)(a)
F22Word in Sch. 4 para. 13(2) inserted (23.5.2003) by Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 20(2)(b)
F23Sch. 4 para. 13(4A)(4B) inserted (23.5.2003) by Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 20(3)
Commencement Information
I41Sch. 4 para. 13 wholly in force at 28.7.2001; Sch. 4 para. 13 not in force at Royal Assent see s. 108; Sch. 4 para. 13 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 13 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
14(1)As soon as possible after the end of each financial year the Standards Board must publish a report on the discharge of its functions during that year.E+W
(2)The Standards Board must send a copy of each annual report to the Secretary of State who must lay a copy of the report before each House of Parliament.
(3)In this paragraph “financial year” has the meaning given by paragraph 12(3).
Commencement Information
I42Sch. 4 para. 14 wholly in force at 28.7.2001; Sch. 4 para. 14 not in force at Royal Assent see s. 108; Sch. 4 para. 14 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 14 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
15E+WThe application of the seal of the Standards Board is to be authenticated by the signature—
(a)of the chairman, or
(b)of some other member who has been authorised by the Board (whether generally or specially) for that purpose.
Commencement Information
I43Sch. 4 para. 15 wholly in force at 28.7.2001; Sch. 4 para. 15 not in force at Royal Assent see s. 108; Sch. 4 para. 15 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 15 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
16E+WA document purporting to be duly executed under the seal of the Standards Board or to be signed on its behalf may be received in evidence and, unless the contrary is proved, is to be taken to be so executed or signed.
Commencement Information
I44Sch. 4 para. 16 wholly in force at 28.7.2001; Sch. 4 para. 16 not in force at Royal Assent see s. 108; Sch. 4 para. 16 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 16 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
17U.K.In Schedule 2 to the M9Parliamentary Commissioner Act 1967 (departments etc subject to investigation) the following entry is inserted at the appropriate place—
“Standards Board for England.”
Commencement Information
I45Sch. 4 para. 17 wholly in force at 28.7.2001; Sch. 4 para. 17 not in force at Royal Assent see s. 108; Sch. 4 para. 17 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 17 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations
18(1)In the M10House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified) the following entry is inserted at the appropriate place—U.K.
“The Standards Board for England.”
(2)The same entry is inserted at the appropriate place in Part II of Schedule 1 to the M11Northern Ireland Assembly Disqualification Act 1975.
Commencement Information
I46Sch. 4 para. 18 wholly in force at 28.7.2001; Sch. 4 para. 18 not in force at Royal Assent see s. 108; Sch. 4 para. 18 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 18 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations
Section 107.
1E+WIn section 34A of the Children and Young Persons Act 1933 (attendance at court of parent or guardian), in subsection (2)(b) for the words “stand referred to their social services committee under” there is substituted “are social services functions within the meaning of”.
Commencement Information
I47Sch. 5 para. 1 wholly in force at 28.7.2001; Sch. 5 para. 1 not in force at Royal Assent see s. 108; Sch. 5 para. 1 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 1 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
2E+WIn section 55 of that Act (power to order parent or guardian to pay fine etc), in subsection (5)(b) for the words “stand referred to their social services committee under” there is substituted “ are social services functions within the meaning of ”.
Commencement Information
I48Sch. 5 para. 2 wholly in force at 28.7.2001; Sch. 5 para. 2 not in force at Royal Assent see s. 108; Sch. 5 para. 2 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 2 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
3E+WIn section 2 of the Local Authority Social Services Act 1970 (local authority to establish social services committees)—
(a)in subsection (1), for paragraphs (a) and (b) there is substituted “their social services functions”,
(b)subsection (2) is omitted.
Commencement Information
I49Sch. 5 para. 3 wholly in force at 28.7.2001; Sch. 5 para. 3 not in force at Royal Assent see s. 108; Sch. 5 para. 3 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 3 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
4E+WIn section 3 of that Act (business of social services committee), in subsection (1), the words “ (hereafter in this Act referred to as “social services functions”)” are omitted.
Commencement Information
I50Sch. 5 para. 4 wholly in force at 28.7.2001; Sch. 5 para. 4 not in force at Royal Assent see s. 108; Sch. 5 para. 4 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 4 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
5E+WIn section 13 of that Act (orders and regulations), in subsection (3), for “ 2(2)” there is substituted “ 1A ”.
Commencement Information
I51Sch. 5 para. 5 wholly in force at 28.7.2001; Sch. 5 para. 5 not in force at Royal Assent see s. 108; Sch. 5 para. 5 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 5 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
6E+WIn section 15 of that Act (citation, interpretation etc), in subsection (2), for “3” there is substituted “ 1A ”.
Commencement Information
I52Sch. 5 para. 6 wholly in force at 28.7.2001; Sch. 5 para. 6 not in force at Royal Assent see s. 108; Sch. 5 para. 6 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 6 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
7E+WIn Schedule 1 to that Act (enactments conferring functions assigned to social services committees) after the entry relating to the M12Housing Act 1985 there is inserted—
“Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) | |
Sections 1 to 5, 7 and 8 except in so far as they assign functions to a local authority in their capacity as a local education authority. | Representation and assessment of disabled persons.” |
Commencement Information
I53Sch. 5 para. 7 wholly in force at 28.7.2001; Sch. 5 para. 7 not in force at Royal Assent see s. 108; Sch. 5 para. 7 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 7 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations
Valid from 22/05/2012
8E+WIn section 80 of the Local Government Act 1972 (disqualifications for election and holding office as member of local authority), in subsection (1)(e) the words “or under the Audit Commission Act 1998” are omitted.
9E+WIn section 85 of that Act (vacation of office by failure to attend meetings), after subsection (3) there is inserted—
“(3A)Any period during which a member of a local authority is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1) above (and, accordingly, a period during which a member fails to attend meetings of the authority that falls immediately before, and another such period that falls immediately after, a period of suspension or partial suspension shall be treated as consecutive).”
Commencement Information
I54Sch. 5 para. 9 wholly in force at 28.7.2001; Sch. 5 para. 9 not in force at Royal Assent see s. 108; Sch. 5 para. 9 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; Sch. 5 para. 9 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
10E+WIn section 86 of that Act (declaration by local authority of vacancy in office in certain cases), in subsection (1)(b) after “1998” there is inserted “ or section 79 of the Local Government Act 2000 ”.
Commencement Information
I55Sch. 5 para. 10 wholly in force at 28.7.2001; Sch. 5 para. 10 not in force at Royal Assent see s. 108; Sch. 5 para. 10 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; Sch. 5 para. 10 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
11E+WIn section 87(1) of that Act (date of casual vacancies)—
(a)after paragraph (e) there is inserted—
“(ee)in the case of a disqualification under section 79 of the Local Government Act 2000, on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant decision under that section or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;”,
(b)in paragraph (f), for “(e)” there is substituted “ (ee) ”.
Commencement Information
I56Sch. 5 para. 11 wholly in force at 28.7.2001; Sch. 5 para. 11 not in force at Royal Assent see s. 108; Sch. 5 para. 11 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; Sch. 5 para. 11 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Valid from 22/05/2012
12E+WSections 94 to 98 of that Act (restrictions on voting) cease to have effect.
Valid from 22/05/2012
13E+WSection 105 of that Act (disability for voting on account of interest in contracts etc) ceases to have effect.
F2414E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F24Sch. 5 para. 14 repealed (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. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
Commencement Information
I57Sch. 5 para. 14 wholly in force at 28.7.2001; Sch. 5 para. 14 not in force at Royal Assent see s. 108; Sch. 5 para. 14 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; Sch. 5 para. 14 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Valid from 22/05/2012
15E+WIn section 30 of that Act (reports on investigation by Local Commissioner)—
(a)in subsection (3), the words “except where subsection (3A) below applies” are omitted,
(b)subsection (3A) is omitted.
F2516E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F25Sch. 5 para. 16 repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 5 (with Sch. 4 paras. 2, Sch. 4 paras. 6-8); S.I. 2005/2897, art. 2(b)
Commencement Information
I58Sch. 5 para. 16 wholly in force at 28.7.2001; Sch. 5 para. 16 not in force at Royal Assent see s. 108; Sch. 5 para. 16 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 16 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
F2617E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26Sch. 5 para. 17 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)
Commencement Information
I59Sch. 5 para. 17 wholly in force at 28.7.2001; Sch. 5 para. 17 not in force at Royal Assent see s. 108; Sch. 5 para. 17 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 17 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
18E+WIn its application to a registration authority which are operating executive arrangements (within the meaning of Part II of this Act), section 13 of the Registered Homes Act 1984 (right to make representations) shall have effect as if for subsection (5) there were substituted—
“(5)If he informs the registration authority that he desires to make oral representations, they shall make arrangements to enable him to make such representations.”
Commencement Information
I60Sch. 5 para. 18 wholly in force at 28.7.2001; Sch. 5 para. 18 not in force at Royal Assent see s. 108; Sch. 5 para. 18 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 18 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
19E+WIn section 22 of the Children Act 1989 (general duty of local authority in relation to children looked after by them), in subsection (1)(b) for the words “stand referred to their social services committee under” there is substituted “ are social services functions within the meaning of ”.
Commencement Information
I61Sch. 5 para. 19 wholly in force at 28.7.2001; Sch. 5 para. 19 not in force at Royal Assent see s. 108; Sch. 5 para. 19 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 19 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
20E+WIn section 42 of that Act (right of guardian ad litem to have access to local authority records), in subsection (1)(b) for the words “stand referred to their social services committee under” there is substituted “ are social services functions within the meaning of ”.
Commencement Information
I62Sch. 5 para. 20 wholly in force at 28.7.2001; Sch. 5 para. 20 not in force at Royal Assent see s. 108; Sch. 5 para. 20 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 20 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
F2721E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F27Sch. 5 para. 21 repealed (7.6.2005) by Inquiries Act 2005 (c. 12), s. 51(1), Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2
Commencement Information
I63Sch. 5 para. 21 wholly in force at 28.7.2001; Sch. 5 para. 21 not in force at Royal Assent see s. 108; Sch. 5 para. 21 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 21 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
22E+WIn section 105 of that Act (interpretation), in subsection (5) for the words “which stand referred to the social services committee of that or any other local authority under” there is substituted “ of that or any other local authority which are social services functions within the meaning of ”.
Commencement Information
I64Sch. 5 para. 22 wholly in force at 28.7.2001; Sch. 5 para. 22 not in force at Royal Assent see s. 108; Sch. 5 para. 22 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 22 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
23E+WIn its application to a local authority (within the meaning of Schedule 6 to that Act) which are operating executive arrangements (within the meaning of Part II of this Act), paragraph 6 of that Schedule (right to make representations) shall have effect as if for subsection (5) there were substituted—
“(5)If he informs the local authority that he desires to make oral representations, they shall make arrangements to enable him to make such representations.”
Commencement Information
I65Sch. 5 para. 23 wholly in force at 28.7.2001; Sch. 5 para. 23 not in force at Royal Assent see s. 108; Sch. 5 para. 23 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 23 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
24(1)Section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer) is amended as follows.E+W
(2)In subsection (1), before “the officer so” there is inserted “ subject to subsection (1A) below ”.
(3)After that subsection there is inserted—
“(1A)The officer designated under subsection (1) above by a relevant authority to which this subsection applies may not be the head of that authority’s paid service.
(1B)Subsection (1A) above applies to the following relevant authorities in England and Wales—
(a)a county council,
(b)a county borough council,
(c)a district council,
(d)a London borough council,
(e)the Greater London Authority, and
(f)the Common Council of the City of London in its capacity as a local authority, police authority or port health authority.”
(4)In subsection (2), the words “or of any code of practice made or approved by or under any enactment” are omitted.
(5)In subsection (2), as substituted in relation to the Greater London Authority by section 73(6) of the M13Greater London Authority Act 1999, in paragraph (a) the words “or of any code of practice made or approved by or under any enactment” are omitted.
(6)After that subsection there is inserted—
“(2A)No duty shall arise by virtue of subsection (2)(b) above unless a Local Commissioner (within the meaning of the M14Local Government Act 1974) has conducted an investigation under Part III of that Act in relation to the proposal, decision or omission concerned.”
(7)In subsection (8), in paragraph (a) of the definition of “relevant authority”, for “(j)” there is substituted “ (k) ”.
(8)After that subsection there is inserted—
“(8A)Any reference in this section to the duties of a monitoring officer imposed by this section, or to the duties of a monitoring officer under this section, shall include a reference to the functions which are conferred on a monitoring officer by virtue of Part III of the Local Government Act 2000.”
Valid from 22/05/2012
25E+WSection 19 of that Act (members’ interests) ceases to have effect.
Valid from 22/05/2012
26E+WSections 31 and 32(1) of that Act (National Code of Local Government Conduct) are omitted.
27E+WSections 33 to 35 of that Act (economic development and discretionary expenditure by local authorities) cease to have effect.
28U.K.In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Council on Tribunals), at the end of paragraph 27 there is inserted—
“Local authorities, conduct of members | 27A. A case tribunal or interim case tribunal appointed under section 76 of the Local Government Act 2000.” |
Commencement Information
I66Sch. 5 para. 28 wholly in force at 28.7.2001; Sch. 5 para. 28 not in force at Royal Assent see s. 108; Sch. 5 para. 28 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; Sch. 5 para. 28 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
F2829E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F28Sch. 5 para. 29 repealed (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 2; S.I. 2004/759, art. 13
Commencement Information
I67Sch. 5 para. 29 wholly in force at 28.7.2001; Sch. 5 para. 29 not in force at Royal Assent see s. 108; Sch. 5 para. 29 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 29 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
30E+WIn section 49 of that Act (restriction on disclosure of information), after subsection (1)(d) there is inserted—
“(dd)for the purposes of the functions of an ethical standards officer or a Local Commissioner in Wales under Part III of the Local Government Act 2000”.
Commencement Information
I68Sch. 5 para. 30 wholly in force at 28.7.2001; Sch. 5 para. 30 not in force at Royal Assent see s. 108; Sch. 5 para. 30 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; Sch. 5 para. 30 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
31E+WIn section 6 of the Greater London Authority Act 1999 (failure to attend meeting of the Assembly), after subsection (4) there is inserted—
“(5)Any period during which an Assembly member is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1).”
Commencement Information
I69Sch. 5 para. 31 wholly in force at 28.7.2001; Sch. 5 para. 31 not in force at Royal Assent see s. 108; Sch. 5 para. 31 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; Sch. 5 para. 31 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
32E+WSection 13 of that Act (failure of Mayor to attend meetings) is to become subsection (1) of that section and after that subsection there is inserted—
“(2)Any meeting of the Assembly which the Mayor is unable to attend because he is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purposes of subsection (1) above.”
Commencement Information
I70Sch. 5 para. 32 wholly in force at 28.7.2001; Sch. 5 para. 32 not in force at Royal Assent see s. 108; Sch. 5 para. 32 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; Sch. 5 para. 32 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
33E+WIn section 31 of that Act (limits of the general power), in subsection (5), for paragraphs (a) and (b) there is substituted “ any social services function within the meaning of the Local Authority Social Services Act 1970 ”.
Commencement Information
I71Sch. 5 para. 33 wholly in force at 28.7.2001; Sch. 5 para. 33 not in force at Royal Assent see s. 108; Sch. 5 para. 33 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); Sch. 5 para. 33 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Valid from 22/05/2012
34E+WSection 66 of that Act (the Secretary of State’s guidance on ethical standards) ceases to have effect.
Section 107.
Commencement Information
I72Sch. 6 partly in force; Sch. 6 not in force at Royal Assent see s. 108; Sch. 6 in force as follows: at 28.9.2000 for specified repeal see s. 108(2)(c); at 1.10.2000 for specified repeal in relation to England only by S.I. 2000/2187, arts. 1(3), 3; at 18.10.2000 for specified repeals in relation to England only by S.I. 2000/2836, arts. 1(3), 2(b); at 26.10.2000 for specified repeals in relation to England only by S.I. 2000/2849, arts. 1(3), 2(f); at 9.4.2001 for specified repeals in relation to Wales only by S.I. 2001/1471, art. 2; at 28.7.2001 for the remaining repeals other than those specified in s. 108(3)(c) that have not already been brought into force, see s. 108(3)-(6); at 27.7.2002 for specified repeals in relation to England and police authorities in Wales by S.I. 2002/1718, art. 2(b)
Chapter | Short title | Extent of repeal |
---|---|---|
1970 c. 42. | Local Authority Social Services Act 1970. | Section 2(2). |
In section 3(1), the words “(hereafter in this Act referred to as “social services functions”)”. | ||
Section 6(5). | ||
1972 c. 70. | Local Government Act 1972. | In section 80(1)(e), the words “or under the Audit Commission Act 1998”. |
Sections 94 to 98. | ||
In section 100D(2), “of the list, or”. | ||
Section 105. | ||
In section 265A(1)(b), “94 to 98”. | ||
1974 c. 7. | Local Government Act 1974. | In section 30, in subsection (3), “except where subsection (3A) below applies” and subsection (3A). |
1976 c. 57. | Local Government (Miscellaneous Provisions) Act 1976. | In section 25(8), the words from “Without prejudice” to “inhabitants of its area)”. |
1978 c. 50. | Inner Urban Areas Act 1978. | In section 13, the words “section 137(1) of the Local Government Act 1972 or”. |
1985 c. 51. | Local Government Act 1985. | In Schedule 14, paragraph 13. |
1985 c. 67. | Transport Act 1985. | In section 74(12), “section 94 of the 1972 Act or”. |
1985 c. 68. | Housing Act 1985. | Section 11A(4). |
1986 c. 60. | Financial Services Act 1986. | In Schedule 16, paragraph 8(a). |
1989 c. 42. | Local Government and Housing Act 1989. | In section 5(2)(a), and in section 5(2)(a) as substituted by section 73(6) of the Greater London Authority Act 1999, the words “or of any code of practice made or approved by or under any enactment”. |
Sections 19, 31, 32(1) and 33 to 35. | ||
In Schedule 11, paragraphs 22 and 23. | ||
1992 c. 14. | Local Government Finance Act 1992. | In Schedule 13, paragraph 32. |
1994 c. 19. | Local Government (Wales) Act 1994. | In Schedule 15, paragraph 25. |
1994 c. 29. | Police and Magistrates’ Courts Act 1994. | In Schedule 4, paragraph 7. |
1995 c. 25. | Environment Act 1995. | In Schedule 7, paragraphs 9 and 10. |
1996 c. 16. | Police Act 1996. | In Schedule 7, in paragraph 1(2)(h), “98(1A)” and paragraph 21. |
1996 c. 56. | Education Act 1996. | In Schedule 37, paragraph 63. |
1997 c. 50. | Police Act 1997. | In Schedule 6, paragraphs 1 and 2. |
1998 c. 18. | Audit Commission Act 1998. | In section 16(1)(a), “or 18”. |
In section 17, subsection (1)(b) and “and” preceding it; in subsection (2), “subject to subsection (3)”, paragraphs (a)and (b) and “and”following paragraph (b); subsections (3), (5)(b), (7) and (8). | ||
Section 18. | ||
Sections 20 to 23. | ||
In Schedule 3, paragraph 3(1). | ||
1999 c. 29. | Greater London Authority Act 1999. | Section 66. |
In Schedule 8, paragraphs 6 and 7. |
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