Modifications etc. (not altering text)
C1Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)
C2Pt. 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
C3Pt. II modified (21.6.2004) by Isles of Scilly (Functions) (Review and Scrutiny of Health Services) Order 2004 (S.I. 2004/1412), arts. 1, 2
C4Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)
C5Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)
(1)The Secretary of State may by regulations specify arrangements by a local authority with respect to the discharge of their functions (referred to in this Part as alternative arrangements) which are arrangements of a type—
(a)which do not involve the creation and operation of an executive of the authority,
(b)which include arrangements for the appointment of committees or sub-committees of the authority to review or scrutinise decisions made, or other action taken, in connection with the discharge of functions of the authority, and
(c)which the Secretary of State considers are likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way.
(2)The arrangements which may be specified by regulations under this section include—
(a)arrangements for the discharge of functions of a local authority by individual members of the authority or by individual members of any committee or sub-committee of the authority,
(b)arrangements for the appointment of committees or sub-committees of a local authority the membership of which is determined otherwise than in accordance with the political balance requirements.
(3)Regulations under this section may make provision with respect to committees or sub-committees falling within subsection (1)(b) (including provision which applies or reproduces (with or without modifications) any provisions of section 21 or paragraphs 7 to 11 of Schedule 1[F1, any provision made [F2, in the case of regulations made by the Secretary of State, under section 244 of the National Health Service Act 2006 or any provision of section 246 of, or Schedule 17 to, that Act or, in the case of regulations made by the Welsh Ministers, under section 184 of the National Health Service (Wales) Act 2006 or any provision of section 186 of, or Schedule 11 to, that Act ]].
(4)Regulations under this section may make provision for the purpose of determining the functions of a local authority which may, may not or must be the subject of alternative arrangements of any particular type.
(5)Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
Textual Amendments
F1 Words in s. 32(3) inserted (1.1.2003 for E.) by Health and Social Care Act 2001 (c. 15) , s. 70(2) , Sch. 5 para. 13 (with ss. 64(9) , 65(4) ); S.I. 2003/53 , art. 3(c)
F2 Words in s. 32(3) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43) , s. 8(2) , Sch. 1 para. 206 (with Sch. 3 Pt. 1 )
Commencement Information
I1 S. 32 wholly in force at 1.11.2000; s. 32 not in force at Royal Assent see s. 108; s. 32 in force at 7.8.2000 in relation to England only by S.I. 2000/2187 , arts. 1(3) , 2(a) ; s. 32 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948 , art. 2