The Local Authorities (Alternative Arrangements) (England) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

Section 32 of the Local Government Act 2000 provides for the Secretary of State to make Regulations setting out a regime which is an alternative to the three forms of executive detailed in the Act. Section 31 of the 2000 Act sets out the first type of authority which is able to adopt alternative arrangements; where the resident population of the authority’s area is less than 85,000 people and where it is a district council within an area for which there is a county council. Section 27(2) of the 2000 Act sets out the second type of authority able to adopt alternative arrangements; a local authority which has a referendum on the option of a directly elected Mayor may include alternative arrangements as a fall back option.

Part I of the Regulations sets out the main features of alternative arrangements. Part II deals with church and parent governor representation on education overview and scrutiny committees within alternative arrangements.

Regulation 4 sets out which functions must be carried out by the authority. The functions referred to in this regulation are not capable of being delegated to any officer, committee or sub-committee of the authority, except to the extent specifically mentioned in the regulation.

Regulation 5 makes provision for the appointment of committees by an authority which are operating alternative arrangements for the purpose of discharging the authority’s functions. Such a committee must contain no more than fifteen members and any sub-committee of such a committee no more than ten members. The limitation on the number of members of a committee or a sub-committee does not apply to an area committee or to any committee which is responsible for carrying out certain regulatory functions of the Authority.

Regulation 6 provides for overview and scrutiny within alternative arrangements. This regulation largely reflects the position under section 21 of the Local Government Act 2000 which applies to executive arrangements.

Regulation 7 defines the terms used in part II of the Regulations.

Regulation 8 provides for the representation of church nominees on education overview and scrutiny committees. The regulation deals specifically with representation of the Church of England and Roman Catholic dioceses and allows the Secretary of State to direct for example that other faiths should be represented. This regulation replicates for alternative arrangements paragraph 7 of Schedule 1 to the Local Government Act 2000 (which applies to executive arrangements).

Regulation 9 provides for the representation of parent governors on education overview and scrutiny committees.

Regulation 10 sets out the election procedures for election as a parent governor representative. Broadly any person who is a parent governor and is the parent of a child being educated by the authority can be elected. If the vacancy is to represent a particular type of school, only parent governors at the relevant type of school can be elected.

Regulation 11 deals with the eligibility for voting in elections. In the majority of cases, any parent governor can vote, unless the vacancy is either for a parent governor representative to represent a particular type of school, and eligibility to vote is restricted to parent governors of the same type of school, or to represent a particular type of school only parent governors of the relevant type of school can be elected.

Regulations 12 and 13 set out circumstances which may disqualify a person from being elected as, or continuing to act as a parent governor.

Regulation 14 provides the term of office of a parent governor representative to be between two and four years, unless the office is vacated mid-term.

Regulation 15 sets out what happens when the office is vacated, and, in particular, provides for the term of office of a representatives successor.

Regulation 16 deals with the voting rights of a parent governor representative. Broadly he or she can vote on any matter relating to the authority’s education functions.

Regulation 17 is a transitional provision. It provides that an existing parent governor representative is automatically appointed to an education overview and scrutiny committee where his or her term of office has not ended.