PART 3SHADOW AUTHORITIES

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1

The following provisions of the 1972 Act apply in relation to a shadow authority, notwithstanding that it does not have the functions and full powers of a local authority:

Table 1

Part or section of 1972 Act

Section 3

Chairman

Section 5

Vice-chairman

Part 5 and 5A

General provisions as to members and proceedings of local authorities, access to meetings and documents of certain authorities, committees and sub-committees

Section 103

Expenses of joint committees

Section 106

Standing orders

Section 146

Transfer of securities on alteration of area, etc

Section 178

Regulations as to allowances

Section 245

Status of certain districts, parishes and communities

2

Each shadow authority, notwithstanding that it does not have the functions and full powers of a local authority, is to be treated—

a

for the purposes of the Local Audit and Accountability Act 2014 M1 and any regulations made under that Act as if it were a district council;

b

for the purposes of section 101 of the 2000 Act (indemnification of members and officers of relevant authorities), as a relevant authority;

c

for the purposes of Part 1 of the Local Government Act 2003 M2 (capital finance etc and accounts), as a local authority;

d

for the purposes of the Local Authorities (Standing Orders) (England) Regulations 2001 M3, as a relevant authority;

e

for the purposes of the Data Protection Act 2018 M4, as a public authority; and

f

for the purposes of the Freedom of Information Act 2000 M5, as a public authority.

F13

The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 M6 apply in relation to each shadow authority as if that authority were a district council and its executive were the executive of a district council.