Local Government Act 2000

2000 CHAPTER 22

An Act to make provision with respect to the functions and procedures of local authorities and provision with respect to local authority elections; to make provision with respect to grants and housing benefit in respect of certain welfare services; to amend section 29 of the Children Act 1989; and for connected purposes.

[28th July 2000]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1 Act modified (31.3.2009) by The Local Government (Structural Changes) (Further Transitional Arrangements and Staffing) Regulations 2009 (S.I. 2009/486), reg. 6(4)

C2 Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C3 Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(c), Sch. 2

C4 Act power to apply or incorporate (with modifications) conferred (15.9.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 58(1)-(3), (7)

C5 Act power to apply or incorporate (with modifications) conferred (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 54(2)-(5), 157(1); S.I. 2012/1129, art. 2(b)

C6 Act functions transferred (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 3(1), Sch. 1 (with art. 9)

C7 Act functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 3(1), Sch. 1(h) (with arts. 3(2), 6, 12)

C8 Act: functions cease to be exercisable concurrently (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), arts. 1(2), 9, Sch. 1(h) (with arts. 11, 12)

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

Interpretation E+W

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

[F1 (1)] In this Part “local authority” means—

(a) in relation to England—

(i) a county council,

(ii) a district council,

(iii) a London borough council,

(iv) the Common Council of the City of London in its capacity as a local authority,

(v) the Council of the Isles of Scilly,

[F2 (vi) an eligible parish council,]

(b) in relation to Wales, a county council or a county borough council [F3 or a community council].

[F4 (2) A parish council is “eligible” for the purposes of this Part if the council meets the conditions prescribed by the Secretary of State by order for the purposes of this section.]

Textual Amendments

F1 S. 1 renumbered as s. 1(1) (1.4.2008 for specified purposes, 31.12.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 77(2), 245(5); S.I. 2008/917, art. 5; S.I. 2008/3110, art. 3(a)

F2 S. 1(1)(a)(vi) inserted (1.4.2008 for specified purposes, 31.12.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 77(3), 245(5); S.I. 2008/917, art. 5; S.I. 2008/3110, art. 3(a)

F3 Words in s. 1(1)(b) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 126(1), 178(2) (with s. 128)

F4 S. 1(2) inserted (1.4.2008 for specified purposes, 31.12.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 77(4), 245(5); S.I. 2008/917, art. 5; S.I. 2008/3110, art. 3(a)

Commencement Information

I1 S. 1 wholly in force at 9.4.2001; s. 1 not in force at Royal Assent see s. 108; s. 1 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 1 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

Promotion of well-being E+W

F6 2 Promotion of well-being [F5 by community councils]. E+W

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

Textual Amendments

F5 Words in s. 2 heading inserted (1.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(2)(f); S.I. 2021/231, art. 4(c)

F6 S. 2 omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 10; S.I. 2021/231, art. 6(r) (with art. 7)

F7 3 Limits on power to promote well-being. E+W

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

Textual Amendments

F7 S. 3 omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 10; S.I. 2021/231, art. 6(r) (with art. 7)

F8 4 Strategies for promoting well-being. E+W

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

Textual Amendments

F8 S. 4 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(1), 115(3)(k)

F9 4A Strategies: parishes E+W

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

Textual Amendments

F9 S. 4A omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(a), 115(3)(k)

F10 5 Power to amend or repeal enactments. E+W

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

Textual Amendments

F10 S. 5 omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(4); S.I. 2021/231, art. 4(c)

Modification of certain enactments E+W

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

(1) Subject to subsection (3), the Secretary of State may by order amend, repeal, revoke or disapply any enactment (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter [F11 so far as that enactment has effect in relation to a local authority in England].

(2) The power under subsection (1) may be exercised in relation to—

(a) all local authorities [F12 in England],

(b) particular local authorities [F13 in England], or

(c) particular descriptions of local authority [F14 in England].

(3) The power under subsection (1) may be exercised in relation to a local authority only if the Secretary of State considers—

(a) that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or

(b) that any such enactment should be amended so that it operates more effectively in relation to the authority.

(4) The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.

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

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

(7) An order under this section which would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument shall proceed in that House as if it were not such an instrument.

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

Textual Amendments

F11 Words in s. 6(1) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(a), 245(2)

F12 Words in s. 6(2)(a) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(b), 245(2)

F13 Words in s. 6(2)(b) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(b), 245(2)

F14 Words in s. 6(2)(c) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(c), 245(2)

F15 S. 6(5) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(d), 245(2), Sch. 18 Pt. 5

F16 S. 6(6) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(5)(d), 245(2), Sch. 18 Pt. 5

Commencement Information

I2 S. 6 wholly in force at 9.4.2001; s. 6 not in force at Royal Assent see s. 108(4); s. 6 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 6(6) in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2; s. 6(1)-(5)(7)(8) in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

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

(1) Subject to [F17 subsection (4)], [F18 the Welsh Ministers] may by order amend, repeal, revoke or disapply any enactment [F19 (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter] so far as that enactment has effect in relation to a local authority in Wales.

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

(3) The power under subsection (1) may be exercised in relation to—

(a) all local authorities in Wales,

(b) particular local authorities in Wales, or

(c) particular descriptions of local authority in Wales.

(4) The power under subsection (1) may be exercised in relation to a local authority only if [F21 the Welsh Ministers consider]—

(a) that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or

(b) that any such enactment should be amended so that it operates more effectively in relation to the authority.

(5) The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.

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

(7) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M1 Interpretation Act 1978).

[F23 (8) An order under this section may not make a provision which, if it were a provision of [F24 an Act] of the National Assembly for Wales, would be outside the Assembly's legislative competence.

(9) For the purposes of subsection (8), [F25 section 108A of the Government of Wales Act 2006 (legislative competence) has effect as if subsection (2)(c) of that section and paragraph 1 of Schedule 7B to that Act were omitted.]

(10) Subject to subsection (11), a statutory instrument which contains an order under this section is not to be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.

(11) A statutory instrument containing an order under this section which is made only for the purpose of amending an earlier such order—

(a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,

is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

Textual Amendments

F17 Words in s. 7(1) substituted (1.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(5); S.I. 2021/231, art. 4(c)

F18 Words in s. 7(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(a)(i), 245(2)

F19 Words in s. 7(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(a)(ii), 245(2)

F20 S. 7(2) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(b), 245(2), Sch. 18 Pt. 5

F21 Words in s. 7(4) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(c), 245(2)

F22 S. 7(6) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(6)(d), 245(2), Sch. 18 Pt. 5

F23 S. 7(8)-(11) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(7), 245(2)

F24 Words in s. 7(8) substituted (5.5.2011) by The Government of Wales Act 2006 (Commencement of Assembly Act Provisions, Transitional and Saving Provisions and Modifications) Order 2011 (S.I. 2011/1011), arts. 2, 6(2)

F25 Words in s. 7(9) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 57 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

Commencement Information

I3 S. 7 wholly in force at 1.11.2000; s. 7 not in force at Royal Assent see s. 108(4); s. 7 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 7 in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2

Marginal Citations

M1 1978 c. 30.

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

In section 137 of the M2 Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised), for subsection (9) there is substituted—

“(9) Subject to subsection (10) below, in this section “local authority” means a parish or community council.

(10) In subsection (3) above “local authority” means—

(a) in relation to England, a county council, a district council, a London borough council, the Common Council or a parish council,

(b) in relation to Wales, a county council, a county borough council or a community council.”

Commencement Information

I4 S. 8 wholly in force at 9.4.2001; s. 8 not in force at Royal Assent see s. 108(4); s. 8 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 8 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

Marginal Citations

M2 1972 c. 70.

Procedure for orders under [F26 this Part] E+W

Textual Amendments

F26 Words in s. 9 cross-heading substituted (1.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(6); S.I. 2021/231, art. 4(c)

9 Procedure for orders [F27 made by the Secretary of State under section 6]. E+W

(1) Before the Secretary of State makes an order under [F28 section 6] he must consult—

(a) such local authorities,

(b) such representatives of local government, and

(c) such other persons (if any),

as appear to him to be likely to be affected by his proposals.

(2) Where those proposals affect any local authorities in Wales, the Secretary of State must also consult [F29 the Welsh Ministers].

(3) If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under [F30 section 6] he must lay before each House of Parliament a document which—

(a) explains his proposals,

(b) sets them out in the form of a draft order,

(c) gives details of consultation under subsection (1), and

(d) where consultation has taken place under subsection (2), sets out the views of [F31 the Welsh Ministers].

(4) Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under [F32 section 6] to give effect to the proposals (with or without modifications) is to be laid before Parliament in accordance with section 105(6) until after the expiry of the period of sixty days beginning with the day on which the document was laid.

(5) In calculating the period mentioned in subsection (4) no account is to be taken of any time during which—

(a) Parliament is dissolved or prorogued, or

(b) either House is adjourned for more than four days.

(6) In preparing a draft order under [F33 section 6] the Secretary of State must consider any representations made during the period mentioned in subsection (4).

(7) A draft order under [F33 section 6] which is laid before Parliament in accordance with section 105(6) must be accompanied by a statement of the Secretary of State giving details of—

(a) any representations considered in accordance with subsection (6), and

(b) any changes made to the proposals contained in the document laid before Parliament under subsection (3).

[F34 (8) Nothing in this section applies to an order under [F33 section 6] which is made only for the purpose of amending an earlier order under that section—

(a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.]

Textual Amendments

F27 Words in s. 9 heading substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(a)

F28 Words in s. 9(1) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)

F29 Words in s. 9(2) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(8)(a), 245(2)

F30 Words in s. 9(3) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)

F31 Words in s. 9(3)(d) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(8)(b), 245(2)

F32 Words in s. 9(4) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)

F33 Words in s. 9(6)-(8) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(4)(b)

F34 S. 9(8) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 13; S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Commencement Information

I5 S. 9 wholly in force at 9.4.2001; s. 9 not in force at Royal Assent see s. 108(4); s. 9 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 9 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

[F35 9A Procedure for orders [F36 made by the Welsh Ministers under section F37 ... 7] E+W

(1) Before the Welsh Ministers make an order under [F38 section F39 ... 7] they must consult—

(a) such local authorities in Wales,

(b) such representatives of local government in Wales, and

(c) such other persons (if any),

as appear to them to be likely to be affected by their proposals.

(2) If, following consultation under subsection (1), the Welsh Ministers propose to make an order under [F40 section F41 ... 7] they must lay before the National Assembly for Wales a document which—

(a) explains their proposals,

(b) sets them out in the form of a draft order, and

(c) gives details of consultation under subsection (1).

(3) Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under [F42 section F43 ... 7] to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales [F44 in accordance with section F45 ... 7(10)] until after the expiry of the period of sixty days beginning with the day on which the document was laid.

(4) In calculating the period mentioned in subsection (3) no account is to be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.

(5) In preparing a draft order under [F46 section F47 ... 7] the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).

(6) A draft order under [F46 section F48 ... 7] which is laid before the National Assembly for Wales must be accompanied by a statement of the Welsh Ministers giving details of—

(a) any representations considered in accordance with subsection (5), and

(b) any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2).

(7) Nothing in this section applies to an order under [F46 section F49 ... 7] which is made only for the purpose of amending an earlier order under that section—

(a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.]

Textual Amendments

F35 S. 9A inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(9), 245(2)

F36 Words in s. 9A heading substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(a)

F37 Words in s. 9A heading omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(d); S.I. 2021/231, art. 4(c)

F38 Words in s. 9A(1) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(b)

F39 Words in s. 9A(1) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(a); S.I. 2021/231, art. 4(c)

F40 Words in s. 9A(2) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(b)

F41 Words in s. 9A(2) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(b); S.I. 2021/231, art. 4(c)

F42 Words in s. 9A(3) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(c)(i)

F43 Words in s. 9A(3) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(c)(i); S.I. 2021/231, art. 4(c)

F44 Words in s. 9A(3) inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(c)(ii)

F45 Words in s. 9A(3) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(c)(ii); S.I. 2021/231, art. 4(c)

F46 Words in s. 9A(5)-(7) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(5)(d)

F47 Words in s. 9A(5) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(d); S.I. 2021/231, art. 4(c)

F48 Words in s. 9A(6) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(d); S.I. 2021/231, art. 4(c)

F49 Words in s. 9A(7) omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 3 para. 1(7)(d); S.I. 2021/231, art. 4(c)

[F50 PART 1A U.K. Arrangements with respect to local authority governance in England

Textual Amendments

F50 Pt. 1A inserted (3.12.2011 for specified purposes, 15.1.2012 for the insertion of Pt. 1A Ch. 4 so far as not already in force and ss. 9B, 9C and 9R for specified purposes, 9.3.2012 for the insertion of ss. 9H-9HE in so far as not already in force and s. 9R for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/57, art. 4(1)(b) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 2(a); S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

C9 Pt. 1A modified (1.4.2013) by The Isles of Scilly (Functions) (Review and Scrutiny) Order 2013 (S.I. 2013/643), arts. 1(1), 2

C10 Pt. 1A modified in part (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 8(7)

C11 Pt. 1A modified in part (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 8(7)

C12 Pt. 1A modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 27(8)

C13 Pt. 1A modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 12(5)-(8)

C14 Pt. 1A modified in part (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 8(7)

C15 Pt. 1A modified by S.I. 2008/2113, reg. 10 (as substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(3))

C16 Pt. 1A modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 15 (with reg. 1(2)(3))

C17 Pt. 1A modified in part (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 6(17)

C18 Pt. 1A modified in part (14.2.2020) by S.I. 2020/156, art. 7 (as substituted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)

C19 Pt. 1A modified in part (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 7(2)

CHAPTER 1 U.K. Permitted forms of governance

9B Permitted forms of governance for local authorities in England U.K.

(1) A local authority must operate—

(a) executive arrangements,

(b) a committee system, or

(c) prescribed arrangements.

(2) Executive arrangements must conform with any provisions made by or under this Part which relate to such arrangements (see, in particular, Chapter 2).

(3) A committee system must conform with any provisions made by or under this Part which relate to such a system (see, in particular, Chapter 3).

(4) In this Part—

• “a committee system” means the arrangements made by a local authority, which does not operate executive arrangements or prescribed arrangements, for or in connection with the discharge of its functions in accordance with—

  (a)

  Part 6 of the Local Government Act 1972, and

  (b)

  this Part;

• “executive arrangements” means arrangements by a local authority—

  (a)

  for and in connection with the creation and operation of an executive of the authority, and

  (b)

  under which certain functions of the authority are the responsibility of the executive;

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

Modifications etc. (not altering text)

C20 S. 9B(2) applied (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 29(2)

C21 S. 9B(2) applied (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 14(2)

C22 S. 9B(2) applied (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 8(2)

9BA Power of Secretary of State to prescribe additional permitted governance arrangements U.K.

(1) The Secretary of State may by regulations make provision prescribing arrangements that local authorities may operate for and in connection with the discharge of their functions.

(2) In particular, the regulations—

(a) must include provision about how, and by whom, the functions of a local authority are to be discharged, and

(b) may include provision enabling functions to be delegated.

(3) Regulations under this section may, in particular, include provision which applies or reproduces (with or without modifications) any provisions of, or any provision made under, Chapters 2 to 4 of this Part.

(4) In considering whether or how to exercise the power in this section, the Secretary of State must have regard to any proposals made under subsection (5).

(5) A local authority may propose to the Secretary of State that the Secretary of State make regulations prescribing arrangements specified in the proposal if the authority considers that the conditions in subsection (6) are met.

(6) The conditions are—

(a) that the operation by the authority of the proposed arrangements would be an improvement on the arrangements which the authority has in place for the discharge of its functions at the time that the proposal is made to the Secretary of State,

(b) that the operation by the authority of the proposed arrangements would be likely to ensure that the decisions of the authority are taken in an efficient, transparent and accountable way, and

(c) that the arrangements, if prescribed under this section, would be appropriate for all local authorities, or for any particular description of local authority, to consider.

(7) A proposal under subsection (5)—

(a) must describe the provision which the authority considers should be made under subsection (2) in relation to the proposed arrangements, and

(b) explain why the conditions in subsection (6) are met in relation to the proposed arrangements.

CHAPTER 2 U.K. Executive arrangements

Local authority executives U.K.

9C Local authority executives U.K.

(1) The executive of a local authority must take a form specified in subsection (2) or (3).

(2) The executive may consist of—

(a) an elected mayor of the authority, and

(b) two or more councillors of the authority appointed to the executive by the elected mayor.

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

(3) The executive may consist of—

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

(b) two or more councillors of the authority appointed to the executive by the executive leader.

Such an executive is referred to in this Part as a leader and cabinet executive (England).

(4) A local authority executive may not include the chairman or vice-chairman of the authority.

(5) The number of members of a local authority executive may not exceed 10 or such other number as may be specified in regulations made by the Secretary of State.

(6) Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under subsection (3)(a).

Modifications etc. (not altering text)

C23 S. 9C modified (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 8(2)

C24 S. 9C modified (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 8(2)

C25 S. 9C modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 27(2)

C26 S. 9C modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 12(2)

C27 S. 9C modified (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 8(2)

C28 S. 9C applied (with modifications) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 6(1)-(4)

C29 S. 9C applied (with modifications) by S.I. 2020/156, art. 7(1)-(5)(11)(14) (as substituted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)

C30 S. 9C applied (with modifications) by S.I. 2019/957, art. 6A(1)-(6) (as inserted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 5)

C31 S. 9C(3)(a) modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 27(4)

C32 S. 9C(3)(a) modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 12(4)

Executive functions U.K.

9D Functions which are the responsibility of an executive U.K.

(1) This section has effect for the purposes of determining which of the functions of a local authority that operates executive arrangements are the responsibility of an executive of the authority under those arrangements.

(2) Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of the local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.

(3) The Secretary of State may by regulations make provision for any function of a local authority specified in the regulations—

(a) to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,

(b) to be a function which may be the responsibility of such an executive under such arrangements, or

(c) to be a function which—

(i) to the extent provided by the regulations, is to be the responsibility of such an executive under such arrangements, and

(ii) to the extent provided by the regulations, is not to be the responsibility of such an executive under such arrangements.

(4) Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—

(a) to be a function which is to be the responsibility of an executive of the authority,

(b) to be a function which is not to be the responsibility of such an executive, or

(c) to be a function which—

(i) to the extent provided by the arrangements, is to be the responsibility of such an executive, and

(ii) to the extent provided by the arrangements, is not to be the responsibility of such executive.

(5) The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority that operates executive arrangements—

(a) to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of the local authority, and

(b) to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.

(6) The Secretary of State may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.

(7) A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the Local Government Act 1972, or any provision of that section, does not apply to that function.

(8) Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.

(9) In this section—

• “action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—

  (a)

  the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,

  (b)

  the doing of anything incidental or conducive to the discharge of the function, or

  (c)

  the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b);

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

Modifications etc. (not altering text)

C33 S. 9D restricted by S.I. 2019/957, art. 6A(14)-(16) (as inserted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 5)

9DA Functions of an executive: further provision U.K.

(1) Any reference in the following provisions of this Chapter to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of section 9D, the responsibility of the executive under such arrangements.

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

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

(b) may be discharged only in accordance with any provisions made by or under this Part or section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England) which apply to the discharge of any such function by that form of executive.

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

(a) may not be discharged by the authority,

(b) is not to be a function to which section 101(1) of the Local Government Act 1972 applies, and

(c) may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 9EB.

(4) Subject to any provision made under subsection (5), any function of a local authority that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Chapter.

(5) The Secretary of State may by regulations make provision with respect to the discharge of any function of a local authority that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the local authority (including provision disapplying section 101 of the Local Government Act 1972 or any provision of that section).

(6) In this section “function” has the same meaning as in section 9D.

Modifications etc. (not altering text)

C34 S. 9DA restricted by S.I. 2019/957, art. 6A(14)-(16) (as inserted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 5)

C35 S. 9DA modified (E.) (18.3.2022) by The North Yorkshire (Structural Changes) Order 2022 (S.I. 2022/328), arts. 1(1), 8(2)

C36 S. 9DA modified (E.) (18.3.2022) by The Somerset (Structural Changes) Order 2022 (S.I. 2022/329), arts. 1(1), 8(2)

Discharge of functions U.K.

9E Discharge of functions: general U.K.

(1) Subject to any provision made under section 9EA or 9EB, any functions which, under executive arrangements, are the responsibility of—

(a) a mayor and cabinet executive, or

(b) a leader and cabinet executive (England),

are to be discharged in accordance with this section.

(2) The senior executive member—

(a) may discharge any of those functions, or

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

(i) by the executive,

(ii) by another member of the executive,

(iii) by a committee of the executive,

(iv) by an area committee, or

(v) by an officer of the authority.

(3) Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the senior executive member otherwise directs, the executive may arrange for the discharge of any of those functions—

(a) by a committee of the executive,

(b) by an area committee, or

(c) by an officer of the authority.

(4) Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the senior executive member otherwise directs, the member who may discharge the functions may arrange for the discharge of any of those functions—

(a) by an area committee, or

(b) by an officer of the authority.

(5) Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions—

(a) by an area committee, or

(b) by an officer of the authority.

(6) Where by virtue of this section any functions may be discharged by an area committee, then, unless the senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.

(7) Any arrangements made by virtue of this section by a senior executive member, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the senior executive member, executive, member or committee by whom the arrangements are made from exercising those functions.

(8) In this section—

• “area committee”, in relation to a local authority, means a committee or sub-committee of the authority which satisfies the conditions in subsection (9);

• “senior executive member” means—

  (a)

  in the case of a mayor and cabinet executive, the elected mayor;

  (b)

  in the case of a leader and cabinet executive (England), the executive leader.

(9) A committee or sub-committee of a local authority satisfies the conditions in this subsection if—

(a) the committee or sub-committee is established to discharge functions in respect of part of the area of the authority, and

(b) the members of the committee or sub-committee who are members of the authority are elected for electoral divisions or wards which fall wholly or partly within that part.

Modifications etc. (not altering text)

C37 S. 9E applied (with modifications) (E.) (18.3.2022) by The North Yorkshire (Structural Changes) Order 2022 (S.I. 2022/328), arts. 1(1), 6(2)

C38 S. 9E applied (with modifications) (E.) (18.3.2022) by The Somerset (Structural Changes) Order 2022 (S.I. 2022/329), arts. 1(1), 6(2)

C39 S. 9E(5) modified (E.) (18.3.2022) by The North Yorkshire (Structural Changes) Order 2022 (S.I. 2022/328), arts. 1(1), 11(3)

C40 S. 9E(5) modified (E.) (18.3.2022) by The Somerset (Structural Changes) Order 2022 (S.I. 2022/329), arts. 1(1), 11(3)

C41 S. 9E(5) modified (E.) (18.3.2022) by The Somerset (Structural Changes) Order 2022 (S.I. 2022/329), arts. 1(1), 8(3)

C42 S. 9E(5) modified (E.) (18.3.2022) by The North Yorkshire (Structural Changes) Order 2022 (S.I. 2022/328), arts. 1(1), 8(3)

C43 S. 9E(7) modified (E.) (18.3.2022) by The North Yorkshire (Structural Changes) Order 2022 (S.I. 2022/328), arts. 1(1), 8(4)

C44 S. 9E(7) modified (E.) (18.3.2022) by The Somerset (Structural Changes) Order 2022 (S.I. 2022/329), arts. 1(1), 8(4)

9EA Discharge of functions of and by another local authority U.K.

(1) The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive—

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

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

(2) The Secretary of State may by regulations make provision for or in connection with enabling a relevant authority in England to arrange for the discharge of any of its functions by a relevant executive (other than an executive of the relevant authority) or a committee or specified member of such an executive.

(3) The reference in subsection (2) to the functions of a relevant authority in England, in a case where the authority is operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority's executive.

(4) Regulations under subsection (1) or (2) may, in particular, include provision—

(a) requiring, in the case of arrangements for the discharge of any functions by a relevant executive or a committee or member of such an executive, the approval of the authority of which the executive is part to such arrangements;

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

(c) which, in the case of arrangements for the discharge of any functions by a relevant executive or a committee or member of such an executive, enables any of those functions to be delegated.

(5) The provision made under subsection (4)(b) may, in particular, apply or reproduce (with or without modifications) any provisions of section 101(2) to (4) of the Local Government Act 1972.

(6) The provision made under subsection (4)(c) may, in particular, apply or reproduce (with or without modifications) any provisions of section 9E.

(7) In this section—

• “relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;

• “relevant executive” means an executive of a local authority under either this Part or Part 2;

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

9EB Joint exercise of functions U.K.

(1) The Secretary of State may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.

(2) The provision which may be made under subsection (1) includes, in particular, provision—

(a) as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,

(b) as to the circumstances in which—

(i) the authority, and

(ii) the executive or a committee or specified member of the executive,

are both to be parties to the arrangements,

(c) as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of the Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,

(d) as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,

(e) as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,

(f) as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a committee or specified member of the executive.

(3) In this section “specified” means specified in regulations under this section.

Overview and scrutiny committees U.K.

9F Overview and scrutiny committees: functions U.K.

(1) Executive arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority (referred to in this Chapter as overview and scrutiny committees).

(2) Executive arrangements by a local authority must ensure that its overview and scrutiny committee has power (or its overview and scrutiny committees, and any joint overview and scrutiny committees, have power between them)—

(a) to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the executive,

(b) to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are the responsibility of the executive,

(c) to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive,

(d) to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are not the responsibility of the executive,

(e) to make reports or recommendations to the authority or the executive on matters which affect the authority's area or the inhabitants of that area,

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

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

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

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

(c) a joint overview and scrutiny committee within the meaning of section 123 of the Local Government and Public Involvement in Health Act 2007 (joint overview and scrutiny committees) appointed by two or more local authorities including the authority concerned.

(4) The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented includes power—

(a) to recommend that the decision be reconsidered by the person who made it, or

(b) to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the authority.

(5) An overview and scrutiny committee of a local authority may not discharge any functions other than—

(a) its functions under this section and sections 9FA to 9FI, F54 ...

(b) its functions under section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters)[F55 or

(c) any functions which may be conferred on it by virtue of regulations under section 244(2ZE) of the National Health Service Act 2006 (local authority scrutiny of health matters).]

Textual Amendments

F51 S. 9F(2)(f) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(10)(a), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F52 S. 9F(3)(a) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(10)(b), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F53 S. 9F(3)(b) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(10)(b), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F54 Word in s. 9F(5) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(10)(c), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F55 S. 9F(5)(c) and word inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 190(10)(c), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C45 S. 9F applied (with modifications) by 2006 c. 41, s. 247A(3)(b)(4) (as inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 78; S.I. 2012/1008, art. 4(b))

C46 S. 9F excluded (E.) (18.3.2022) by The Somerset (Structural Changes) Order 2022 (S.I. 2022/329), arts. 1(1), 8(5)

C47 S. 9F excluded (E.) (18.3.2022) by The North Yorkshire (Structural Changes) Order 2022 (S.I. 2022/328), arts. 1(1), 8(5)

9FA Overview and scrutiny committees: supplementary provision U.K.

(1) An overview and scrutiny committee of a local authority—

(a) may appoint one or more sub-committees, and

(b) may arrange for the discharge of any of its functions by any such sub-committee.

(2) A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (1)(b).

(3) An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, may not include any member of the authority's executive.

(4) An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority.

(5) Subject to any provision made by or under paragraphs 6 to 8 of Schedule A1 and to section 20(6) of the Police and Justice Act 2006, any persons who are not members of the local authority are not entitled to vote at any meeting of its overview and scrutiny committee, or any sub-committee of such a committee, on any question which falls to be decided at that meeting, unless permitted to do so under paragraphs 11 and 12 of that Schedule.

(6) An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated—

(a) as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and

(b) as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

(7) Subsections (2) and (5) of section 102 of the Local Government Act 1972 apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.

(8) An overview and scrutiny committee of a local authority or a sub-committee of such a committee—

(a) may require members of the executive, and officers of the authority, to attend before it to answer questions,

(b) may require any other member of the authority to attend before it to answer questions relating to any function which is exercisable by the member by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and

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

(9) It is the duty of any member or officer mentioned in paragraph (a) or (b) of subsection (8) to comply with any requirement mentioned in that paragraph.

(10) A person is not obliged by subsection (9) to answer any question which the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.

(11) In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State.

(12) Guidance under subsection (11) may make different provision for different cases or for different descriptions of committee or sub-committee.

Modifications etc. (not altering text)

C48 S. 9FA applied (with modifications) by 2006 c. 41, s. 247(3A) (as inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 77(4); S.I. 2012/1008, art. 4(b))

C49 S. 9FA applied (with modifications) by 2006 c. 41, s. 247A(3)(c)(4) (as inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 78; S.I. 2012/1008, art. 4(b))

C50 S. 9FA(1)-(12) applied (with modifications) (1.4.2013) by The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 (S.I. 2013/218), regs. 1(2), 30(2)

9FB F50 Scrutiny officers U.K.

(1) Subject as follows, a local authority must designate one of its officers to discharge the functions in subsection (2).

(2) Those functions are—

(a) to promote the role of the authority's overview and scrutiny committee or committees,

(b) to provide support to the authority's overview and scrutiny committee or committees and the members of that committee or those committees,

(c) to provide support and guidance to—

(i) members of the authority,

(ii) members of the executive of the authority, and

(iii) officers of the authority,

in relation to the functions of the authority's overview and scrutiny committee or committees.

(3) An officer designated by a local authority under this section is to be known as the authority's “scrutiny officer”.

(4) A local authority may not designate any of the following under this section—

(a) the head of the authority's paid service designated under section 4 of the Local Government and Housing Act 1989;

(b) the authority's monitoring officer designated under section 5 of that Act;

(c) the authority's chief finance officer, within the meaning of that section.

(5) The duty in subsection (1) does not apply to a district council for an area for which there is a county council.

(6) In this section, references to an overview and scrutiny committee include any sub-committee of that committee.

9FC F50 Reference of matters to overview and scrutiny committee etc U.K.

(1) Executive arrangements by a local authority must include provision which—

(a) enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee,

(b) enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and

(c) enables any member of the authority to refer to an overview and scrutiny committee of the authority of which the member of the authority is not a member any matter which is relevant to the functions of the committee and is not an excluded matter.

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

(3) In considering whether to exercise the power which a member of an authority has by virtue of subsection (1)(c) in any case, the member must have regard to any guidance for the time being issued by the Secretary of State.

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

(5) In subsection (1)(c) “excluded matter” means any matter which is—

(a) a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b) a matter of any description specified in an order made by the Secretary of State for the purposes of this section.

9FD F50 Dealing with references under section 9FC(1)(c) U.K.

(1) This section applies where a matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to section 9FC(1)(c).

(2) In considering whether or not to exercise any of its powers under section 9F(2) in relation to the matter, the committee may have regard to—

(a) any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and

(b) any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 9F(2) in relation to the matter.

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

(a) its decision, and

(b) the reasons for it.

(4) The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 9F(2) in relation to the matter.

(5) Subsection (4) is subject to section 9FG (confidential and exempt information).

9FE F50 Duty of authority or executive to respond to overview and scrutiny committee U.K.

(1) This section applies where an overview and scrutiny committee of a local authority makes a report or recommendations to the authority or the executive, otherwise than—

(a) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b) by virtue of subsection (3)(a) of that section.

(2) The overview and scrutiny committee may publish the report or recommendations.

(3) The overview and scrutiny committee must by notice in writing require the authority or executive—

(a) to consider the report or recommendations,

(b) to respond to the overview and scrutiny committee indicating what (if any) action the authority, or the executive, proposes to take,

(c) if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response, and

(d) if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 9FD(4), to provide the member with a copy of the response.

(4) The notice served under subsection (3) must require the authority or executive to comply with it within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice.

(5) It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.

(6) Subsections (2) and (5) are subject to section 9FG and to any provision made under section 9GA(8) (confidential and exempt information).

(7) In this section—

(a) references to an overview and scrutiny committee include references to a sub-committee of such a committee;

(b) references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority.

9FF Reports and recommendations of overview and scrutiny committees: duties of certain partner authorities U.K.

(1) This section applies where—

(a) a relevant committee makes a report or recommendations to the authority or the executive, otherwise than—

(i) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(ii) by virtue of subsection (3)(a) of that section, and

(b) the report or any of the recommendations relates to functions of a relevant partner authority so far as exercisable in relation to—

(i) the authority's area, or

(ii) the inhabitants of that area.

(2) The relevant committee may by notice in writing to the relevant partner authority require the relevant partner authority to have regard to the report or recommendation in question in exercising its functions.

(3) A notice under subsection (2) must be accompanied by a copy of the report or recommendations.

(4) It is the duty of a relevant partner authority to which a notice is given under subsection (2) to comply with the requirement specified in the notice.

(5) Subsection (2) does not apply if—

(a) the relevant partner authority is a health service body, and

(b) either—

(i) the relevant committee is a non-unitary district council committee, or

(ii) by virtue of section 244 of the National Health Service Act 2006, the report was, or the recommendations were, made to the health service body (as well as to the authority or the executive).

(6) In subsection (5) “health service body” means—

[F56 [F57 (za) an integrated care board,]

(zb) [F58 NHS England],]

(a) a National Health Service trust, [F59 or]

(b) an NHS foundation trust. F60 ...

F60 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Subsections (2) and (3) are subject to section 9FG (confidential and exempt information).

(8) In this section—

• “the authority”, in relation to a relevant committee, means—

  (a)

  in the case of an overview and scrutiny committee, the local authority by which it is established, and

  (b)

  in the case of a sub-committee of an overview and scrutiny committee, the local authority by which the overview and scrutiny committee is established,

• “the executive”, in relation to a relevant committee, means the executive of the authority,

• “non-unitary district council committee” means—

  (a)

  an overview and scrutiny committee of a district council for a district in a county for which there is a county council, or

  (b)

  a sub-committee of such a committee,

• “relevant committee” means an overview and scrutiny committee or a sub-committee of such a committee,

• “relevant partner authority”, in relation to a relevant committee other than a non-unitary district council committee, means any person who is a partner authority in relation to the authority for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than a chief officer of police, and

• “relevant partner authority”, in relation to a relevant committee that is a non-unitary district council committee, means—

  (a)

  the county council for the county concerned, or

  (b)

  any person (other than the district council concerned) who is a partner authority in relation to that county council for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than a chief officer of police.

Textual Amendments

F56 S. 9FF(6)(za) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 61; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F57 S. 9FF(6)(za)(zb) inserted (1.4.2013) by The Health and Social Care Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/594), arts. 1(2), 5(a)

F58 Words in s. 9FF substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F59 Word in s. 9FF(6)(a) inserted (1.4.2013) by The Health and Social Care Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/594), arts. 1(2), 5(b)

F60 S. 9FF(6)(c) and word omitted (1.4.2013) by virtue of The Health and Social Care Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/594), arts. 1(2), 5(c)

9FG F50 Publication etc of reports, recommendations and responses: confidential and exempt information U.K.

(1) This section applies to—

(a) the publication under section 9FE of any document comprising—

(i) a report or recommendations of an overview and scrutiny committee, or

(ii) a response of a local authority to any such report or recommendations, and

(b) the provision of a copy of such a document—

(i) to a member of a local authority under section 9FD(4) or section 9FE, or

(ii) to a relevant partner authority under section 9FF,

by an overview and scrutiny committee or a local authority.

(2) The overview and scrutiny committee or the local authority, in publishing the document or providing a copy of the document to a relevant partner authority—

(a) must exclude any confidential information, and

(b) may exclude any relevant exempt information.

(3) The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information.

(4) Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document—

(a) may replace so much of the document as discloses the information with a summary which does not disclose that information, and

(b) must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.

(5) Subsection (6) applies if, by virtue of subsection (2), (3) or (4), an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—

(a) excludes information, or

(b) replaces part of the report or recommendations with a summary.

(6) The overview and scrutiny committee is nevertheless to be taken for the purposes of section 9FE(3)(c) or (d) to have published or provided a copy of the report or recommendations.

(7) In this section, references to relevant exempt information are references to—

(a) in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and

(b) in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered.

(8) In this section—

• “confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils),

• “exempt information” has the meaning given by section 100I of that Act and, in relation to—

  (a)

  any report or recommendations of an overview and scrutiny committee which has functions under section 9F(2)(f) (national health service functions), or

  (b)

  any response to such a report or recommendations,

  also includes information which is exempt information under section 246 of the National Health Service Act 2006, and

• “relevant partner authority”, in relation to an overview and scrutiny committee which is a relevant committee within the meaning of section 9FF, has the same meaning as in that section.

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

9FH F50 Overview and scrutiny committees: flood risk management U.K.

(1) This section applies to a local authority that operates executive arrangements and that is a lead local flood authority.

(2) The arrangements required under section 9F(2) include arrangements to review and scrutinise the exercise by risk management authorities of flood risk management functions or coastal erosion risk management functions which may affect the local authority's area.

(3) A risk management authority must comply with a request made by an overview and scrutiny committee, in the course of arrangements under subsection (2), for—

(a) information;

(b) a response to a report.

(4) The Secretary of State may make regulations about the duty under subsection (3) which may, in particular, include provision—

(a) about the procedure to be followed in relation to requests and compliance with them,

(b) about notices to be served in relation to requests,

(c) for exemptions from the duty,

(d) requiring persons to attend to give information orally,

(e) about the nature of the information and responses that may be requested, and

(f) about the publication of requests, information and responses.

(5) A risk management authority must have regard to reports and recommendations of an overview and scrutiny committee made in the course of arrangements under subsection (2).

(6) Regulations under section 123 of the Local Government and Public Involvement in Health Act 2007 may make provision about the application of this section in relation to joint overview and scrutiny committees.

(7) Expressions used in this section have the same meaning as in Part 1 of the Flood and Water Management Act 2010.

9FI F50 Overview and scrutiny committees: provision of information etc by certain partner authorities U.K.

(1) The Secretary of State may by regulations make provision, in relation to a relevant committee—

(a) as to information which relevant partner authorities must provide to the relevant committee, and

(b) as to information which may not be disclosed by a relevant partner authority to the relevant committee.

(2) In subsection (1), references to information do not include information in respect of which provision may be made in exercise of the power conferred by—

(a) section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters), or

(b) section 244(2)(d) or (e) of the National Health Service Act 2006 (functions of overview and scrutiny committees).

(3) For the purposes of subsection (1), “relevant committee” and “relevant partner authority” have the meanings given by section 9FF.

(4) Regulations under this section may make different provision in relation to different persons or committees or descriptions of person or committee.

(5) The power conferred by subsection (4) does not affect the power conferred by section 105(2)(b).

Further provision in relation to executives U.K.

9G Meetings and access to information etc U.K.

(1) Meetings of a local authority executive, or a committee of such an executive, are to be open to the public or held in private.

(2) Subject to regulations under section 9GA(4), it is for a local authority executive to decide which of its meetings, and which of the meetings of any committee of the executive, are to be open to the public and which of those meetings are to be held in private.

(3) A written record must be kept of prescribed decisions made at meetings of local authority executives, or committees of such executives, which are held in private.

(4) A written record must be kept of prescribed decisions made by individual members of local authority executives.

(5) Written records under subsection (3) or (4) must include reasons for the decisions to which they relate.

(6) In this section “prescribed” means prescribed by regulations made by the Secretary of State.

Modifications etc. (not altering text)

C51 S. 9G modified (E.) (4.4.2020) by virtue of The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 (S.I. 2020/392), regs. 1, 14 (with reg. 2(4)

9GA Meetings and access to information etc: further provision and regulations U.K.

(1) Written records under section 9G(3) and (4), together with such reports, background papers or other documents as may be prescribed, must be made available to members of the public in accordance with regulations made by the Secretary of State.

(2) Regulations under subsection (1) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.

(3) The Secretary of State may by regulations make provision—

(a) with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),

(b) for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,

(c) for or in connection with requiring written records falling within paragraph (b) to include reasons,

(d) for or in connection with requiring any such written records to be made available to members of the public,

(e) for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.

(4) The Secretary of State may by regulations make provision—

(a) as to the circumstances in which meetings mentioned in section 9G(2), or particular proceedings at such meetings, must be open to the public,

(b) as to the circumstances in which meetings mentioned in section 9G(2), or particular proceedings at such meetings, must be held in private,

(c) with respect to the information which is to be included in written records kept by virtue of this section or section 9G,

(d) with respect to the reasons which are to be included in any such written records,

(e) with respect to the persons who are to produce, keep or make available any such written records,

(f) for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,

(g) for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,

(h) for or in connection with requiring information to be made available by electronic means,

(i) for or in connection with conferring rights on members of the public or members of local authorities, overview and scrutiny committees or sub-committees in relation to records or documents,

(j) for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section or section 9G.

(5) The Secretary of State may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public or members of the authority.

(6) The provision which may be made under subsection (5) includes provision—

(a) requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,

(b) as to the way or form in which prescribed information is to be made available.

(7) The Secretary of State may by regulations make provision which, in relation to meetings of—

(a) local authority executives or committees of such executives, or

(b) joint committees, or sub-committees of such committees, falling within subsection (3)(a),

applies or reproduces (with or without modifications) any provisions of Part 5A of the Local Government Act 1972.

(8) The Secretary of State may by regulations make provision, in relation to—

(a) the publication by executives of local authorities under section 9FE of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or

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

which applies or reproduces (with or without modifications) any provisions of section 9FG (confidential and exempt information).

(9) In this section—

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

• “prescribed” means prescribed by regulations made by the Secretary of State.

9GB Further provision U.K.

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

9GC Absence of requirement for political balance U.K.

Neither—

(a) a local authority executive, nor

(b) a committee of a local authority executive,

is to be regarded as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

Elected mayors etc U.K.

9H Elected mayors etc U.K.

(1) In this Part “elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority's area in accordance with the provisions made by or under this Part.

(2) An elected mayor is to be entitled to the style of “mayor”.

(3) A reference in any enactment (whenever passed or made) to—

(a) a member of a local authority, or

(b) a councillor of a local authority,

does not include a reference to an elected mayor of the authority.

(4) But subsection (3) is subject to—

(a) regulations made by the Secretary of State under this paragraph which provide that an elected mayor is to be treated as a member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and

(b) any other contrary intention that appears in any enactment (whenever passed or made).

(5) Section 2(2A) of, and paragraph 5C(1) of Schedule 2 to, the Local Government Act 1972 are not to be taken to indicate any contrary intention for the purposes of subsection (4)(b).

(6) Elections for the return of an elected mayor are to take place on the ordinary day of election in each of the relevant election years.

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

(8) This section is subject to regulations under section 9HB or 9HE.

9HA Election as elected mayor and councillor U.K.

(1) If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy arises in the office of councillor.

(2) If the person who is returned at an election (“the mayoral election”) as the elected mayor of a local authority—

(a) is a councillor of the authority, and

(b) was returned as such a councillor at an election held at an earlier time than the mayoral election,

a vacancy shall arise in the office of councillor.

(3) Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority.

(4) A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if the person is a candidate in both such elections and is returned both as the elected mayor and as a councillor.

9HB Time of elections etc U.K.

The Secretary of State may by regulations make provision—

(a) as to the dates on which and years in which elections for the return of elected mayors may or must take place,

(b) as to the intervals between elections for the return of elected mayors,

(c) as to the term of office of elected mayors, and

(d) as to the filling of vacancies in the office of elected mayor.

9HC Voting at elections of elected mayors U.K.

[F61 (1) Each person entitled to vote as an elector at an election for the return of an elected mayor is to have one vote which may be given for a candidate to be the elected mayor.]

(2) The elected mayor is to be returned under the simple majority system F62 ....

F63 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 S. 9HC(1) substituted (26.10.2022) by Elections Act 2022 (c. 37), ss. 13(8)(a), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)

F62 Words in s. 9HC(2) omitted (26.10.2022) by virtue of Elections Act 2022 (c. 37), ss. 13(8)(b), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)

F63 S. 9HC(3) omitted (26.10.2022) by virtue of Elections Act 2022 (c. 37), ss. 13(8)(c), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)

9HD Entitlement to vote U.K.

(1) The persons entitled to vote as electors at an election for the return of an elected mayor are those who on the day of the poll—

(a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and

(b) are registered in the register of local government electors at an address within the authority's area.

(2) A person is not entitled as an elector to cast more than one [F64 vote] at an election for the return of an elected mayor.

Textual Amendments

F64 Word in s. 9HD(2) substituted (26.10.2022) by Elections Act 2022 (c. 37), ss. 13(9), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)

9HE Power to make provision about elections U.K.

(1) The Secretary of State F65 ... may by regulations make provision as to—

(a) the conduct of elections for the return of elected mayors, and

(b) the questioning of elections for the return of elected mayors and the consequences of irregularities.

(2) Regulations made under subsection (1)(a) may, in particular, include provision—

(a) about the registration of electors,

(b) for disregarding alterations in a register of electors,

(c) about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses), and

(d) for the combination of polls at elections for the return of elected mayors and other elections.

(3) Regulations under this section may—

(a) apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,

(b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of elected mayors, and

(c) so far as may be necessary in consequence of any provision made by or under this Part or any regulations under this section, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.

(4) Before making any regulations under this section, the Secretary of State F66 ... must consult the Electoral Commission.

(5) In addition, the power of the Secretary of State F67 ... to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.

(6) No return of an elected mayor at an election is to be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied by or incorporated in regulations under this section.

Textual Amendments

F65 Words in s. 9HE(1) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(a) (with art. 12)

F66 Words in s. 9HE(4) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(a) (with art. 12)

F67 Words in s. 9HE(5) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(a) (with art. 12)

Modifications etc. (not altering text)

C52 S. 9HE functions made excercisable concurrently (6.11.2013) by The Transfer of Functions (Elections and Referendums) Order 2013 (S.I. 2013/2597), arts. 1(2), 2(c) (with art. 3)

[F68 9HF Alternative mayoral titles U.K.

(1) A local authority within subsection (8) may, by a resolution in accordance with subsection (2), change the title by which the elected mayor of the authority is to be known to one of the following alternative titles—

(a) county commissioner;

(b) county governor;

(c) elected leader;

(d) governor;

(e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.

(2) The following requirements must be met in relation to the resolution—

(a) the resolution must be considered at a relevant meeting of the authority,

(b) particulars of the resolution must be included in the notice of the meeting,

(c) where the resolution includes a proposed alternative title mentioned in subsection (1)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (1), and

(d) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.

(3) In subsection (2)(a) “relevant meeting” means—

(a) in the case of a local authority within subsection (8)(a), the first meeting of the authority held after a qualifying election for the return of the elected mayor,

(b) in the case of a local authority within subsection (8)(b), the meeting of the authority at which the resolution under section 9KC (resolution of local authority) is passed, and

(c) in the case of a local authority within subsection (8)(c), the first meeting of the authority held after the referendum mentioned in section 9N is held.

(4) Subsections (5) and (6) apply where under this section a local authority changes the title by which the elected mayor of the authority is to be known to an alternative title.

(5) The authority must—

(a) send notice of the change to the Secretary of State,

(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and

(c) publish the notice in such other manner as the Secretary of State may direct.

(6) Where this subsection applies—

(a) a reference in any enactment (whenever passed or made) to the elected mayor of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the elected mayor is to be known, and

(b) references to mayor, mayoral and deputy mayor are to be construed accordingly.

(7) A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.

(8) A local authority is within this subsection if—

(a) it operates a mayor and cabinet executive,

(b) it passes a resolution in accordance with section 9KC (resolution of local authority) to make a change in governance arrangements which provides for the authority to operate a mayor and cabinet executive, or

(c) it holds a referendum by virtue of an order under section 9N (referendum on change to mayor and cabinet executive) and the proposal for the authority to operate a mayor and cabinet executive is approved in that referendum.

(9) The Secretary of State may by regulations amend subsection (1) to add, modify or remove a reference to an alternative title or a description of an alternative title.

(10) In this section—

• “enactment”—

  (a)

  includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, but

  (b)

  does not include this section or section 9HG;

• “qualifying election” means an election for the return of the elected mayor, other than—

  (a)

  the first election for the return of the elected mayor, and

  (b)

  an election caused by a vacancy in the office of the elected mayor occurring before expiry of the elected mayor’s term of office.

(11) This section is subject to section 9HG.

Textual Amendments

F68 Ss. 9HF, 9HG inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 77(2), 255(2)(o) (with s. 247)

9HG Alternative mayoral titles: further changes U.K.

(1) This section applies where a local authority has—

(a) by a resolution under section 9HF or by a previous resolution under this section, changed the title by which the elected mayor of the authority is to be known to an alternative title, or

(b) by a previous resolution under this section, provided that the elected mayor of the authority is no longer to be known by an alternative title.

(2) The authority may, by a resolution in accordance with subsection (4)—

(a) in a subsection (1)(a) case—

(i) provide that the elected mayor is no longer to be known by the alternative title, or

(ii) change the title by which the elected mayor is to be known to an alternative title mentioned in subsection (3);

(b) in a subsection (1)(b) case, change the title by which the elected mayor is to be known to an alternative title mentioned in subsection (3).

(3) The alternative titles are—

(a) county commissioner;

(b) county governor;

(c) elected leader;

(d) governor;

(e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.

(4) The following requirements must be met in relation to the resolution mentioned in subsection (2)—

(a) the resolution must be considered at a relevant meeting of the authority,

(b) particulars of the resolution must be included in the notice of the meeting,

(c) where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and

(d) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.

(5) In subsection (4)(a) “relevant meeting” means the first meeting of the authority held after a qualifying election for the return of the elected mayor, provided that the election is at least the third qualifying election since the resolution mentioned in subsection (1) was passed.

(6) Where under this section a local authority provides that the elected mayor of the authority is no longer to be known by an alternative title, the authority must—

(a) send notice of the change to the Secretary of State,

(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and

(c) publish the notice in such other manner as the Secretary of State may direct.

(7) Subsections (8) and (9) apply where under this section a local authority changes the title by which the elected mayor of the authority is to be known to an alternative title.

(8) The authority must—

(a) send notice of the change to the Secretary of State,

(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and

(c) publish the notice in such other manner as the Secretary of State may direct.

(9) Where this subsection applies—

(a) a reference in any enactment (whenever passed or made) to the elected mayor of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the elected mayor is to be known, and

(b) references to mayor, mayoral and deputy mayor are to be construed accordingly.

(10) A change of title under this section does not affect the rights or obligations of any person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.

(11) The Secretary of State may by regulations amend subsection (3) to add, modify or remove a reference to an alternative title or a description of an alternative title.

(12) In this section “enactment” and “qualifying election” have the same meaning as in section 9HF.]

Textual Amendments

F68 Ss. 9HF, 9HG inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 77(2), 255(2)(o) (with s. 247)

Leader and cabinet executives (England) U.K.

9I Election and term of office of leader U.K.

Executive arrangements by a local authority which provide for a leader and cabinet executive (England)—

(a) must include provision with respect to the election of the executive leader, including provision for an election where there is a vacancy in the office of executive leader, and

(b) may include provision with respect to the term of office of the executive leader.

Modifications etc. (not altering text)

C53 S. 9I excluded (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 6(8)

C54 S. 9I excluded by S.I. 2019/957, art. 6A(12) (as inserted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 5)

C55 S. 9I excluded by S.I. 2020/156, art. 7(22) (as substituted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)

9IA Removal of leader U.K.

(1) Executive arrangements by a local authority which provide for a leader and cabinet executive (England) must include provision for the council to remove the executive leader by resolution.

(2) If a council passes a resolution to remove the executive leader, a new executive leader is to be elected—

(a) at the meeting at which the leader is removed from office, or

(b) at a subsequent meeting.

Modifications etc. (not altering text)

C56 S. 9IA applied (with modifications) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 6(5)

C57 S. 9IA applied (with modifications) by S.I. 2019/957, art. 6A(5)(7) (as inserted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 5)

C58 S. 9IA applied (with modifications) by S.I. 2020/156, art. 7(6)(15) (as substituted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)

9IB Leader to continue to hold office as councillor U.K.

(1) A person who is the executive leader of a leader and cabinet executive (England) remains a member of the council during the period that the person is the executive leader.

(2) Accordingly, any enactment which provides for the person's earlier retirement as a councillor does not apply.

(3) This section does not affect anything by which the executive leader may cease to be a councillor otherwise than by retirement (including disqualification or resignation).

9IC No other means of removing leader U.K.

(1) This section applies to a local authority which operates a leader and cabinet executive (England).

(2) An executive leader may not be removed from office except in accordance with section 9IA or regulations under section 9ID.

9ID Regulations U.K.

(1) The Secretary of State may by regulations make provision—

(a) as to the election and removal from office of executive leaders of leader and cabinet executives (England),

(b) as to the term of office of an executive leader of a leader and cabinet executive (England), and

(c) as to the filling of vacancies in the office of executive leader of a leader and cabinet executive (England).

(2) Sections 9I to 9IC are subject to regulations under this section.

CHAPTER 3 U.K. The committee system

9J Secretary of State's power to prohibit delegation of functions etc U.K.

(1) The Secretary of State may by regulations—

(a) specify or describe any function of a committee system local authority that is to be a non-delegable function;

(b) specify or describe cases or circumstances in which any specified or described function of a committee system local authority is to be a non-delegable function;

(c) specify or describe any action in connection with the discharge of a function of a committee system local authority that is to be a non-delegable action;

(d) specify or describe cases or circumstances in which any specified or described action in connection with the discharge of a function of a committee system local authority is to be a non-delegable action.

(2) If a function or action is non-delegable—

(a) it must be carried out by the local authority, and

(b) such provisions of section 101 of the Local Government Act 1972 as may be specified in regulations under this section do not apply to it.

(3) In this Part “committee system local authority” means a local authority that operates a committee system.

(4) For the purposes of this section, something is specified or described if it is specified or described in regulations made by the Secretary of State under this section.

(5) In this section—

• “action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—

  (a)

  the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,

  (b)

  the doing of anything incidental or conducive to the discharge of the function, or

  (c)

  the doing of anything expedient in connection with the discharge of the function or any action within paragraph (a) or (b);

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

9JA Overview and scrutiny committee U.K.

(1) A committee system local authority may by resolution appoint one or more committees as the authority's overview and scrutiny committee or, as the case may be, committees.

(2) The Secretary of State may by regulations make provision about—

(a) the functions, composition and procedure of a committee that has been appointed as an overview and scrutiny committee under this section, and

(b) the appointment by committee system local authorities of joint committees and sub-committees as overview and scrutiny committees.

(3) Provision under subsection (2) may, in particular, include provision which applies or reproduces (with or without modifications) any provision of, or made under, sections 9F to 9FI or paragraphs 6 to 13 of Schedule A1.

9JB Overview and scrutiny: flood risk management U.K.

(1) A committee system local authority that is a lead local flood authority must review and scrutinise the exercise by risk management authorities of—

(a) flood risk management functions, or

(b) coastal erosion risk management functions,

which may affect the local authority's area.

(2) A local authority may issue such reports and recommendations as it considers appropriate in the course of exercising the function in subsection (1).

(3) A risk management authority must comply with a request made by a local authority in the course of exercising the function in subsection (1) for—

(a) information;

(b) a response to a report.

(4) The Secretary of State may make regulations about the duty under subsection (3) which may, in particular, include provision—

(a) about the procedure to be followed in relation to requests and compliance with them,

(b) about notices to be served in relation to requests,

(c) for exemptions from the duty,

(d) requiring persons to attend to give information orally,

(e) about the nature of the information and responses that may be requested, and

(f) about the publication of requests, information and responses.

(5) A risk management authority must have regard to any reports or recommendations mentioned in subsection (2) that relate to it.

(6) Expressions used in this section have the same meaning as in Part 1 of the Flood and Water Management Act 2010.

CHAPTER 4 U.K. Changing governance arrangements

Changes to governance arrangements by local authorities: general provision U.K.

9K Changing from one form of governance to another U.K.

(1) A local authority may—

(a) cease to operate its existing form of governance, and

(b) start to operate a different form of governance.

(2) This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).

9KA Executive arrangements: different form of executive U.K.

(1) A local authority which operates executive arrangements may—

(a) vary the arrangements so that they provide for a different form of executive, and

(b) if it makes such a variation, vary the arrangements in such other respects (if any) as it considers appropriate.

(2) This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).

9KB Executive arrangements: other variation of arrangements U.K.

A local authority which operates executive arrangements may vary those arrangements so that they—

(a) differ from the existing arrangements in any respect, but

(b) still provide for the same form of executive.

9KC Resolution of local authority U.K.

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

(2) As soon as practicable after passing such a resolution a local authority must—

(a) secure that copies of a document setting out the provisions of the arrangements that are to have effect following the resolution are available at its principal office for inspection by members of the public, and

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

(i) states that the authority has resolved to make a change in its governance arrangements,

(ii) states the date on which the change is to have effect,

(iii) describes the main features of the change,

(iv) states that copies of a document setting out the provisions of the arrangements that are to have effect following the resolution are available at the authority's principal office for inspection by members of the public, and

(v) specifies the address of the authority's principal office.

(3) Subsection (4) applies if a local authority passes a resolution in accordance with this section (“Resolution A”) which makes a change in governance arrangements of the kind set out in—

(a) section 9K (change from one form of governance to another), or

(b) section 9KA (change to a different form of executive).

(4) The local authority may not pass another resolution that makes a change in governance arrangements of a kind mentioned in subsection (3) (“Resolution B”) before the end of the period of 5 years beginning with the date Resolution A is passed, unless

[F69 (a)] Resolution B is approved in a referendum held in accordance with this Chapter[F70 , or

(b) subsection (4A) applies and Resolution B is passed in accordance with subsection (4E).]

[F71 (4A) This subsection applies where Resolution B—

(a) makes a change in governance arrangements—

(i) under section 9K for the local authority to start to operate executive arrangements, or

(ii) under section 9KA for the local authority to vary its executive arrangements so that they provide for a mayor and cabinet executive, and

(b) has not been approved in a referendum held in accordance with this Chapter.

(4B) Where subsection (4A) applies, the local authority may submit a proposal to the Secretary of State for consent to pass Resolution B before the end of the period of 5 years beginning with the date Resolution A is passed.

(4C) A proposal must specify—

(a) the change in governance arrangements to be made by Resolution B, and

(b) how the change is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.

(4D) The Secretary of State may consent to a proposal only if the Secretary of State considers that the change in governance arrangements is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.

(4E) If the Secretary of State consents to a proposal, the local authority may pass Resolution B—

(a) before the end of the 5 year period beginning with the date Resolution A is passed, but

(b) not later than the end of the 3 year period beginning with the date consent is given.

(4F) The Secretary of State may by regulations make further provision about—

(a) the matters which must be addressed by a proposal under this section, and

(b) how a proposal is to be considered by the Secretary of State.]

(5) This section does not apply to a change in governance arrangements effected by an order under section 9N (power by order to require, and give effect to, referendum on change to mayor and cabinet executive).

[F72 (6) See sections 9NC and 9ND (transfer of functions: changes in governance arrangements) for further provision about when a resolution under this section may be passed.]

Textual Amendments

F69 Words in s. 9KC(4) renumbered as s. 9KC(4)(a) (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 71(2)(a)(i), 255(2)(k) (with s. 247)

F70 S. 9KC(4)(b) and word inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 71(2)(a)(ii), 255(2)(k) (with s. 247)

F71 S. 9KC(4A)-(4F) inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 71(2)(b), 255(2)(k) (with s. 247)

F72 S. 9KC(6) inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 72(2), 255(2)(k) (with s. 247)

Modifications etc. (not altering text)

C59 S. 9KC(2) applied (with modifications) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), regs. 1, 17(8)

Implementation of certain changes to governance arrangements U.K.

9L Implementation: change in form of governance or change in form of executive U.K.

(1) This section applies if a local authority passes a resolution which makes a change in governance arrangements of the kind set out in—

(a) section 9K (change from one form of governance to another), or

(b) section 9KA (change to a different form of executive).

(2) At a relevant change time, the local authority must—

(a) cease operating the old form of governance or (as the case may be) old form of executive, and

(b) start operating the form of governance or (as the case may be) form of executive which the change in governance arrangements provides for.

(3) Subject to subsection (2) and section 9MB(2), the local authority may take steps for the purposes of preparing for the change or implementing it (including steps relating to transitional arrangements).

(4) If the local authority is not currently operating a mayor and cabinet executive and the change does not provide for the local authority to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during—

(a) the first annual meeting of the local authority to be held after the resolution to make the change in governance arrangements is passed, or

(b) a later annual meeting of the local authority specified in that resolution.

(5) If the local authority is not currently operating a mayor and cabinet executive and the change provides for the local authority to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is—

(a) a time during the third day after the day of the declaration of the result of the poll at the first election of the mayor, or

(b) if a person is returned as the mayor at that first election without a poll being taken, a time during the third day after the day on which a poll would have been taken.

(6) If the local authority is currently operating a mayor and cabinet executive and the change provides for the local authority to cease to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during the third day after the day on which the next ordinary election of a mayor was expected to be held when the resolution to make the change in governance arrangements was passed.

Referendums U.K.

9M Cases in which change is subject to approval in a referendum in accordance with sections 9MA and 9MB U.K.

(1) A change in governance arrangements which a local authority proposes to make by resolution is subject to approval in a referendum in either of the following cases.

(2) The first case is where—

(a) the proposed change in governance arrangements is of a kind set out in—

(i) section 9K (change from one form of governance to another), or

(ii) section 9KA (change to a different form of executive), and

(b) the implementation of the local authority's existing form of governance or existing form of executive was approved in a referendum under this Chapter.

(3) The second case is where the local authority resolves that a proposed change in governance arrangements is to be subject to approval in a referendum.

9MA Referendum: proposals by local authority U.K.

(1) This section applies to a local authority which wishes to make a change in governance arrangements that is subject to approval in a referendum under section 9M.

(2) The local authority must draw up proposals for the change.

(3) The proposals must include—

(a) a timetable with respect to the implementation of the proposals,

(b) details of any transitional arrangements which are necessary for the implementation of the proposals, and

(c) a statement that the change in governance arrangements is to be subject to approval in a referendum.

(4) Subsections (5) and (6) apply where the proposed change in governance arrangements is of the kind set out in—

(a) section 9K (change from one form of governance to another), or

(b) section 9KA (change to a different form of executive).

(5) If the proposed change in governance arrangements would result in the local authority having executive arrangements, the proposals must state the extent to which the functions specified in regulations under section 9D(3)(b) are to be the responsibility of the executive which will be operated if the proposals are implemented.

(6) The proposals (particularly any provision about timetables and transitional matters included in accordance with subsection (3)) must be such as to ensure that the proposed change can take effect (so far as required to) in accordance with section 9L(2).

(7) After drawing up the proposals, the local authority must—

(a) secure that copies of a document setting out the proposals are available at its principal office for inspection by members of the public at all reasonable times, and

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

(i) states that the authority has drawn up the proposals,

(ii) describes the main features of the proposals,

(iii) states that copies of a document setting out the proposals are available at the authority's principal office for inspection by members of the public at such times as may be specified in the notice, and

(iv) specifies the address of the authority's principal office.

9MB Requirement to hold and give effect to referendum U.K.

(1) This section applies to a local authority which wishes to make a change in governance arrangements that is subject to approval in a referendum under section 9M.

(2) The local authority must, after complying with section 9MA(7), hold a referendum on its proposals before taking any steps to implement them.

(3) The local authority may not pass a resolution which makes the proposed change unless the result of the referendum is to approve the proposals.

(4) Any such resolution must be passed

[F73 (a)] within the period of 28 days beginning with the day when the referendum is held[F74 , or

(b) where paragraph (b) of section 9ND(7) (transfer of functions: changes in governance arrangements) applies, within the period of 28 days beginning with the day when the regulations mentioned in that subsection are amended or revoked.]

(5) Any such resolution must be passed at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object.

[F75 (6) See section 9ND for further provision about referendums under section 9M.]

Textual Amendments

F73 Words in s. 9MB(4) renumbered as s. 9MB(4)(a) (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 72(3)(a)(i), 255(2)(k) (with s. 247)

F74 S. 9MB(4)(b) and word inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 72(3)(a)(ii), 255(2)(k) (with s. 247)

F75 S. 9MB(6) inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 72(3)(b), 255(2)(k) (with s. 247)

Modifications etc. (not altering text)

C60 S. 9MB modified (E.) (7.4.2020) by The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020 (S.I. 2020/395), regs. 1, 12(1)(4)

9MC Referendum following petition U.K.

(1) The Secretary of State may by regulations make provision for or in connection with requiring a local authority which receives a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should have a relevant type of governance arrangement.

(2) Regulations under subsection (1) may, in particular, include provision—

(a) as to the form and content of petitions (including provision for petitions in electronic form),

(b) as to the minimum number of local government electors for a local authority's area who must support any petition presented to the authority during any period specified in the regulations,

(c) for or in connection with requiring an officer of a local authority to publish the number of local government electors for the authority's area who must support any petition presented to the authority,

(d) as to the way in which local government electors for a local authority's area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),

(e) as to the action which may, may not or must be taken by a local authority in connection with any petition,

(f) as to the manner in which a petition is to be presented to a local authority,

(g) as to the verification of any petition,

(h) as to the date on which, or the time by which, a referendum must be held,

(i) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,

(j) as to the action which may, may not or must be taken by a local authority after a referendum, and

(k) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.

(3) Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.

(4) The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent of the number of local government electors at each of those times.

(5) This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).

9MD Referendum following direction U.K.

(1) The Secretary of State may by regulations make provision for or in connection with enabling the Secretary of State, in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether it should have a relevant type of governance arrangements specified in the direction.

(2) Regulations under this section may, in particular, include provision—

(a) as to the date on which, or the time by which, a referendum must be held,

(b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,

(c) as to the action which may, may not or must be taken by a local authority after a referendum, and

(d) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.

(3) Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.

(4) This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).

9ME Referendum following order U.K.

(1) The Secretary of State may by order make provision requiring every local authority, or every local authority falling within a description of authority specified in the order, to hold a referendum on whether they should have a relevant type of governance arrangements specified in the order.

(2) An order under this section may, in particular, include provision—

(a) as to the date on which, or the time by which, a referendum must be held,

(b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,

(c) as to the action which may, may not or must be taken by a local authority after a referendum, and

(d) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.

(3) Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.

(4) This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).

9MF Further provision with respect to referendums U.K.

(1) If a local authority holds a referendum under this Chapter (“Referendum A”) it may not hold, or be required to hold, another referendum under this Chapter (“Referendum B”) within the period of ten years beginning with the date of Referendum A, unless

[F76 (a)] subsection (2) or (3) applies[F77 , or

(b) subsection (3A) applies and Referendum B is held in accordance with subsection (3E).]

(2) This subsection applies if—

(a) Referendum A was held by the authority by virtue of an order under section 9N (power by order to require, and give effect to, referendum on change to mayor and cabinet executive), and

(b) the proposal for the authority to operate a mayor and cabinet executive was rejected in Referendum A.

(3) This subsection applies if Referendum B is required to be held by virtue of an order made under section 9N.

[F78 (3A) This subsection applies if Referendum B is held under section 9M to approve a change in governance arrangements—

(a) under section 9K for the local authority to start to operate executive arrangements, or

(b) under section 9KA for the local authority to vary its executive arrangements so that they provide for a mayor and cabinet executive.

(3B) Where subsection (3A) applies, the local authority may submit a proposal to the Secretary of State for consent to hold Referendum B within the period of 10 years beginning with the date of Referendum A.

(3C) A proposal must specify—

(a) the change in governance arrangements that is subject to approval in Referendum B, and

(b) how the change is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.

(3D) The Secretary of State may consent to a proposal only if the Secretary of State considers that the change in governance arrangements is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.

(3E) If the Secretary of State consents to a proposal, the local authority may hold Referendum B—

(a) within the 10 year period beginning with the date of Referendum A, but

(b) not later than the end of the 3 year period beginning with the date consent is given.

(3F) The Secretary of State may by regulations make further provision about—

(a) the matters which must be addressed by a proposal under this section, and

(b) how a proposal is to be considered by the Secretary of State.]

(4) If the result of a referendum held by virtue of regulations, an order or a direction made under any provision of this Chapter is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals.

(5) If the result of a referendum held by virtue of regulations, an order or a direction made under any provision of this Chapter is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals.

(6) Subsections (4) and (5) do not apply to a referendum held by virtue of section 9N (but see section 9N(2)(c)).

[F79 (7) See section 9ND (transfer of functions: changes in governance arrangements) for further provision about referendums under section 9MC.]

Textual Amendments

F76 Words in s. 9MF(1) renumbered as s. 9MF(1)(a) (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 71(3)(a)(i), 255(2)(k) (with s. 247)

F77 S. 9MF(1)(b) and word inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 71(3)(a)(ii), 255(2)(k) (with s. 247)

F78 S. 9MF(3A)-(3F) inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 71(3)(b), 255(2)(k) (with s. 247)

F79 S. 9MF(7) inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 72(4), 255(2)(k) (with s. 247)

9MG Voting in and conduct of referendums U.K.

(1) The persons entitled to vote in a referendum held by a local authority under this Chapter are those who on the day of the referendum—

(a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority's area, and

(b) are registered in the register of local government electors at an address within the authority's area.

(2) The Secretary of State F80 ... may by regulations make provision as to the conduct of referendums under this Chapter.

(3) The Secretary of State F81 ... may by regulations make provision for the combination of polls at referendums under this Chapter with polls at any elections.

(4) Regulations under subsection (2) or (3) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.

(5) Regulations under subsection (2) may, in particular, include provision—

(a) as to the question to be asked in a referendum,

(b) as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum),

(c) about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),

(d) as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,

(e) as to when, where and how voting in a referendum is to take place,

(f) as to how the votes cast in a referendum are to be counted, and

(g) for disregarding alterations in a register of electors.

(6) Before making any regulations under this section that include provision as to the question to be asked in a referendum, the Secretary of State F82 ... must consult the Electoral Commission.

Textual Amendments

F80 Words in s. 9MG(2) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(b) (with art. 12)

F81 Words in s. 9MG(3) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(b) (with art. 12)

F82 Words in s. 9MG(6) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(b) (with art. 12)

Modifications etc. (not altering text)

C61 S. 9MG functions made excercisable concurrently (6.11.2013) by The Transfer of Functions (Elections and Referendums) Order 2013 (S.I. 2013/2597), arts. 1(2), 2(c) (with art. 3)

Further provisions as to mayor and cabinet executive U.K.

9N Requiring referendum on change to mayor and cabinet executive U.K.

(1) The Secretary of State may by order require a specified local authority to hold a referendum on whether the authority should operate a mayor and cabinet executive.

(2) An order under this section may include provision—

(a) as to the date on which, or the time by which, a referendum must be held,

(b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,

(c) as to the effect of a referendum and the action which may, may not or must be taken by a local authority after a referendum,

(d) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.

(3) Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.

(4) In this section “specified” means specified in an order made by the Secretary of State under this section.

F83 9NA Effect of section 9N order U.K.

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

Textual Amendments

F83 S. 9NA omitted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by virtue of Cities and Local Government Devolution Act 2016 (c. 1), ss. 20, 25(2)

9NB Variation of mayoral executive U.K.

(1) This section applies to a change in governance arrangements of the kind set out in section 9KB (variation of executive arrangements) if the local authority is operating a mayor and cabinet executive.

(2) The local authority may not resolve to make a change in governance arrangements unless the elected mayor has given written consent to the proposed change.

[F84 Transfer of functions: changes in governance arrangements U.K.

Textual Amendments

F84 Ss. 9NC, 9ND and cross-heading inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 72(5), 255(2)(k) (with s. 247)

9NC Transfer of functions: changes in governance arrangements not subject to a referendum U.K.

(1) This section applies where—

(a) the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority,

(b) the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and

(c) that change is not—

(i) subject to approval in a referendum under section 9M, or

(ii) required to be implemented by the local authority in accordance with section 9MF(4) (referendums under sections 9MC to 9ME).

(2) The local authority may not pass the resolution unless the local authority complies with this section.

(3) The local authority must notify the Secretary of State of the proposed change in governance arrangements.

(4) Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016).

(5) The Secretary of State must notify the local authority of the decision under subsection (4).

(6) If the Secretary of State considers that the regulations should be amended or revoked, the local authority may not pass the resolution until the regulations have been so amended or revoked.

(7) If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may pass the resolution.

(8) In this section—

• “function” has the same meaning as in section 16 of the Cities and Local Government Devolution Act 2016;

• “relevant change in governance arrangements” means—

  (a)

  a change under section 9K for the local authority to cease to operate executive arrangements, or

  (b)

  a change under section 9KA for the local authority to vary its executive arrangements so that they provide for a leader and cabinet executive.

(9) This section is subject to section 9KC(3) and (4) (timing of change in governance arrangements).

9ND Transfer of functions: changes in governance arrangements subject to a referendum U.K.

(1) This section applies where—

(a) the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority,

(b) the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and

(c) that change is subject to approval in a referendum under section 9M.

(2) This section also applies where—

(a) the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 that provide for a function to be exercisable by a local authority, and

(b) the local authority is required by regulations under section 9MC (referendum following petition) to hold a referendum on whether the authority should make a relevant change in governance arrangements.

(3) The local authority may not—

(a) hold the referendum mentioned in subsection (1)(c) or (2)(b), or

(b) pass a resolution which makes the proposed change in governance arrangements,

unless the local authority complies with this section.

(4) The local authority must notify the Secretary of State of the proposed change in governance arrangements.

(5) Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) or (2)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016).

(6) The Secretary of State must notify the local authority of the decision under subsection (5).

(7) If the Secretary of State considers that the regulations should be amended or revoked—

(a) the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b), but

(b) if the result of the referendum is to approve the proposals, the local authority may not pass a resolution which makes the proposed change in governance arrangements until the regulations have been so amended or revoked.

(8) If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b) and (if the result of the referendum is to approve the proposals) pass the resolution.

(9) In this section “function” and “relevant change in governance arrangements” have the same meaning as in section 9NC.

(10) This section is subject to sections 9KC(3) and (4), 9MB and 9MF (timing of change in governance arrangements etc).]

Miscellaneous U.K.

9O General U.K.

(1) A local authority may not—

(a) cease to operate a form of governance, or

(b) vary executive arrangements,

other than in accordance with this Chapter.

(2) In making a change in governance arrangements, the local authority must comply with any directions given by the Secretary of State in connection with the making of such a change.

9OA Interpretation U.K.

(1) This section applies for the purposes of this Chapter.

(2) References to a change in governance arrangements are references to any change of a kind set out in sections 9K to 9KB.

(3) References to a relevant type of governance arrangement are references to—

(a) a leader and cabinet executive (England);

(b) a mayor and cabinet executive;

(c) a committee system;

(d) any prescribed arrangements.

(4) References to a form of governance are references to—

(a) executive arrangements;

(b) a committee system;

(c) any prescribed arrangements.

CHAPTER 5 U.K. Supplementary

Local authority constitution U.K.

9P Local authority constitution U.K.

(1) A local authority must prepare and keep up to date a document (referred to in this section as its constitution) which contains—

(a) a copy of the authority's standing orders for the time being,

(b) a copy of the authority's code of conduct (if any) for the time being under section 28 of the Localism Act 2011,

(c) such information as the Secretary of State may direct, and

(d) such other information (if any) as the authority considers appropriate.

(2) In the case of a committee system local authority, the authority's constitution must also contain a statement as to whether the authority has resolved to have an overview and scrutiny committee under section 9JA.

(3) A local authority must ensure that copies of its constitution are available at its principal office for inspection by members of the public at all reasonable hours.

(4) A local authority must supply a copy of its constitution to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.

Guidance U.K.

9Q Guidance U.K.

(1) A local authority must have regard to any guidance for the time being issued by the Secretary of State for the purposes of this Part.

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

Interpretation U.K.

9R Interpretation of Part 1A U.K.

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

• “committee system” has the meaning given by section 9B,

• “committee system local authority” has the meaning given by section 9J(3),

• “elected mayor” has the meaning given by section 9H,

• “electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983,

• “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978),

• “executive”, in relation to a local authority, is to be construed in accordance with section 9C,

• “executive arrangements” has the meaning given by section 9B,

• “executive leader” has the meaning given by section 9C(3)(a),

• F85 ...

• “leader and cabinet executive (England)” has the meaning given by section 9C(3),

• “local authority” means a county council in England, a district council or a London borough council,

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

• “mayor and cabinet executive” has the meaning given by section 9C(2),

• “ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority,

• “the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989,

• “prescribed arrangements” has the meaning give by section 9B, and

• F85 ...

(2) In this Part “relevant election years”, in relation to a local authority, means the years specified in the second column of the following table in relation to that type of authority.

Type of local authority	Relevant election years
Metropolitan district	2014 and every fourth year afterwards
County	2013 and every fourth year afterwards
London borough	2014 and every fourth year afterwards
Non-metropolitan district	2011 and every fourth year afterwards

(3) Any reference in this Part to the chairman of a local authority—

(a) is a reference to that person whether or not the person is entitled to another style, and

(b) in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the Local Government Act 1972) is referred to in Part 1 of that Schedule as the mayor of the borough.

(4) Any reference in this Part to the vice-chairman of a local authority—

(a) is a reference to that person whether or not the person is entitled to another style, and

(b) in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the Local Government Act 1972) is referred to in Part 1 of that Schedule as the deputy mayor.

(5) Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.

(6) Section 101 of the Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part.

(7) Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.

(8) Any directions given by the Secretary of State under any provision of this Part—

(a) may be varied or revoked by subsequent directions given by the Secretary of State under that provision, and

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

Textual Amendments

F85 Words in s. 9R(1) omitted (26.10.2022) by virtue of Elections Act 2022 (c. 37), ss. 13(10), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)

Part II E+W [F86 Local authorities in Wales: arrangements] with respect to executives etc.

Textual Amendments

F86 Words in Pt. II heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 9; S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

C62 Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)

C63 Pt. 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

C64 Pt. 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

C65 Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)

C66 Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)

C67 Pt. II modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 10

Executive arrangements E+W

10 Executive arrangements. E+W

(1) In this Part “executive arrangements” means arrangements by a local authority [F87 in Wales]—

(a) for and in connection with the creation and operation of an executive of the authority, and

(b) under which certain functions of the authority are the responsibility of the executive.

(2) Executive arrangements by a local authority [F87 in Wales] must conform with any provisions made by or under this Part which relate to such arrangements.

Textual Amendments

F87 Words in s. 10 inserted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 10; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

C68 S. 10 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3

C69 S. 10 applied (E.) (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 18(2)(b)

Commencement Information

I6 S. 10 wholly in force at 28.7.2001; s. 10 not in force at Royal Assent see s. 108; s. 10 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 10 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Local authority executives E+W

11 Local authority executives. E+W

[F88 (1) The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.]

(2) [F89 [F90 The] executive may consist of—]

(a) an elected mayor of the authority, and

(b) two or more councillors of the authority appointed to the executive by the elected mayor.

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

F91 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F92 [F93 The] executive may consist of—]

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

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

(i) the executive leader, or

(ii) the authority.

Such an executive is referred to in this Part as a [F94 leader and cabinet executive (Wales)].

(4) [F95 [F96 In the case of any local authority in Wales, the executive may consist of—]

(a) an elected mayor of the authority, and

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

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

(5) [F97 [F98 The] executive] may take any such form as may be prescribed in regulations made by the [F99 Welsh Ministers].

(6) Regulations under subsection (5) may, in particular, provide for—

(a) a form of executive some or all of the members of which are elected by the local government electors for the authority’s area to a specified post in the executive associated with the discharge of particular functions,

(b) a form of executive some or all of the members of which are elected by those electors but not to any such post,

(c) the system of voting that will be used for elections under paragraph (a) or (b).

(7) A local authority executive may not include the chairman or vice-chairman of the authority.

(8) The number of members of a mayor and cabinet executive or a leader and cabinet executive [F100 (Wales)] may not exceed 10.

[F101 (8ZA) But if two or more councillors are elected to share office as executive leader (by virtue of paragraph 2(2A) of Schedule 1) or are appointed to the executive to share office (by virtue of paragraph 2A of Schedule 1), the number of members of the executive may exceed 10 but not 13; and where the number of members of the executive is—

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

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

[F102 (8A) For the purposes of [F103 subsections (8) and (8ZA)], no account is to be taken of a member appointed to the executive on a temporary basis to cover the absence of a member exercising a right to a family absence under Part 2 of the Local Government (Wales) Measure 2011.]

[F104 (9) The Welsh Ministers may by regulations amend subsections (8) and (8ZA) so as to provide for different maximum numbers of members of an executive to which those subsections apply; but the power under this subsection may not be exercised so as to provide—

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

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

F105 (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Section 101 of the M3 Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under [F106 subsection F107 ... (3)(a)] or appointing councillors [F108 or an officer ] to the executive under subsection (3)(b)(ii) [F109 or (4)(b)].

Textual Amendments

F88 S. 11(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(2), 245(2)

F89 Words in s. 11(2) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(3), 245(2)

F90 Word in s. 11(2) substituted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F91 S. 11(2A) repealed (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(3), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)(c)

F92 Words in s. 11(3) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(5)(a), 245(2)

F93 Word in s. 11(3) substituted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(4); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F94 Words in s. 11(3) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(5)(b), 245(2)

F95 S. 11(4) repealed (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 34(2)(a), 178(2), Sch. 4 Pt. B

F96 Words in s. 11(4) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(6), 245(2)

F97 Words in s. 11(5) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(7), 245(2)

F98 Words in s. 11(5) substituted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(5)(a); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F99 Words in s. 11(5) substituted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(5)(b); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F100 Word in s. 11(8) inserted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(6); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F101 S. 11(8ZA) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 7 para. 2(a); S.I. 2021/231, art. 6(u)

F102 S. 11(8A) inserted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 32(2), 178(3); S.I. 2012/1187, art. 2(1)(c)

F103 Words in s. 11(8A) substituted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 7 para. 2(b); S.I. 2021/231, art. 6(u)

F104 S. 11(9) substituted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 7 para. 2(c); S.I. 2021/231, art. 6(u)

F105 S. 11(9A) repealed (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(8), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)(c)

F106 Words in s. 11(10) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(10), 245(2)

F107 Words in s. 11(10) repealed (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(9), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)(c)

F108 Words in s. 11(10) repealed (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 34(2)(b)(i), 178(2), Sch. 4 Pt. B

F109 Words in s. 11(10) repealed (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 34(2)(b)(ii), 178(2), Sch. 4 Pt. B

Modifications etc. (not altering text)

C70 S. 11 applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(2)

Commencement Information

I7 S. 11 wholly in force at 28.7.2001; s. 11 not in force at Royal Assent see s. 108; s. 11 in force at 7.8.2000 in so far as it confers power to make an order or regulations, gives directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 11 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 11(5)(6)(9) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 11 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M3 1972 c. 70.

12 Additional forms of executive. E+W

(1) In deciding whether to make regulations under section 11(5) prescribing a particular form of executive, or which provision to make under section 17 in relation to that form of executive, the [F110 Welsh Ministers] must have regard to—

(a) any proposals made to [F111 them] under subsection (2),

(b) the extent to which [F112 they consider] that the operation by a local authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way,

(c) the extent to which that form of executive differs from the forms of executive for the time being permitted by or under section 11,

(d) the number and description of authorities for which [F113 they consider] that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive to consider.

(2) For the purposes of subsection (1), a local authority may propose to the [F114 Welsh Ministers] a form of executive in relation to which the authority consider that the conditions mentioned in subsection (3) are satisfied.

(3) Those conditions are—

(a) that the operation by the authority of executive arrangements involving that form of executive would be an improvement on the arrangements which the authority have in place for the discharge of their functions at the time that the proposal is made to the [F115 Welsh Ministers],

(b) that the operation by the authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way, and

(c) that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive for all local authorities, or for any particular description of local authority, to consider.

(4) A proposal under subsection (2)—

(a) must describe the form of executive to which it relates,

(b) must describe the provision which the authority consider should be made under section 17 in relation to that form of executive, and

(c) must explain why the authority consider that the conditions mentioned in subsection (3) are satisfied in relation to that form of executive.

Textual Amendments

F110 Words in s. 12(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 12(2)(a); S.I. 2012/1008, art. 4(b)

F111 Word in s. 12(1)(a) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 12(2)(b); S.I. 2012/1008, art. 4(b)

F112 Words in s. 12(1)(b) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 12(2)(c); S.I. 2012/1008, art. 4(b)

F113 Words in s. 12(1)(d) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 12(2)(c); S.I. 2012/1008, art. 4(b)

F114 Words in s. 12(2) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 12(3); S.I. 2012/1008, art. 4(b)

F115 Words in s. 12(3)(a) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 12(4); S.I. 2012/1008, art. 4(b)

Commencement Information

I8 S. 12 wholly in force at 28.7.2001; s. 12 not in force at Royal Assent see s. 108; s. 12 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 12(1) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 12 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Executive functions E+W

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

(1) This section has effect for the purposes of determining the functions of a local authority which are the responsibility of an executive of the authority under executive arrangements.

(2) Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of a local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.

(3) The [F116 Welsh Ministers] may by regulations make provision for any function of a local authority specified in the regulations—

(a) to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,

(b) to be a function which may be the responsibility of such an executive under such arrangements, or

(c) to be a function which—

(i) to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and

(ii) to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.

(4) Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—

(a) to be a function which is to be the responsibility of an executive of the authority,

(b) to be a function which is not to be the responsibility of such an executive, or

(c) to be a function which—

(i) to the extent provided by the arrangements is to be the responsibility of such an executive, and

(ii) to the extent provided by the arrangements is not to be the responsibility of such an executive.

(5) The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority—

(a) to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and

(b) to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.

(6) The [F117 Welsh Ministers] may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.

(7) A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the M4 Local Government Act 1972, or any provision of that section, does not apply to that function.

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

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

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

(b) may be discharged only in accordance with any provisions made by or under this Part F118 ... [F119 or under section 56 of the Local Government (Wales) Measure 2011] which apply to the discharge of any such function by that form of executive.

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

(a) may not be discharged by the authority,

(b) is not to be a function to which section 101(1) of the M5 Local Government Act 1972 applies, and

(c) may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 20.

(11) Subject to any provision made under subsection (12), any function which, under executive arrangements, is not the responsibility of an executive of a local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.

(12) The [F120 Welsh Ministers] may by regulations make provision with respect to the discharge of any function which, under executive arrangements, is not the responsibility of an executive of a local authority (including provision disapplying section 101 of the M6 Local Government Act 1972 or any provision of that section).

(13) Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.

(14) In this section—

• “action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—

  (a)

  the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,

  (b)

  the doing of anything incidental or conducive to the discharge of the function, or

  (c)

  the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b),

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

Textual Amendments

F116 Words in s. 13(3) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 13(2); S.I. 2012/1008, art. 4(b)

F117 Words in s. 13(6) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 13(3); S.I. 2012/1008, art. 4(b)

F118 Words in s. 13(9)(b) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 13(4), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F119 Words in s. 13(9)(b) inserted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 57(2)(a), 178(3); S.I. 2012/1187, art. 2(1)(d)

F120 Words in s. 13(12) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 13(5); S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

C71 S. 13 modified (26.2.2008) by The Northumberland (Structural Change) Order 2008 (S.I. 2008/494), arts. 1, 8(5)

C72 S. 13 modified (26.2.2008) by The County Durham (Structural Change) Order 2008 (S.I. 2008/493), arts. 1, 8(5)

C73 S. 13 modified (temp. until 1/4/2009) (26.2.2008) by The Cornwall (Structural Change) Order 2008 (S.I. 2008/491), arts. 1, 8(5)

C74 S. 13 modified (temp. until 1/4/2009) (26.2.2008) by The Shropshire (Structural Change) Order 2008 (S.I. 2008/492), arts. 1, 8(5)

C75 S. 13 modified (temp. until 1/4/2009) (26.2.2008) by The Wiltshire (Structural Change) Order 2008 (S.I. 2008/490), arts. 1, 8(5)

C76 S. 13 modified (temp. until 1/4/2009) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(5)

C77 S. 13 modified (temp.) (25.3.2010) by The Norwich and Norfolk (Structural Changes) Order 2010 (S.I. 2010/997), arts. 1, 6(5)

C78 S. 13 modified (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(5)

C79 S. 13 restricted by S.I. 2019/957, art. 6A(14)-(16) (as inserted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 5)

Commencement Information

I9 S. 13 wholly in force at 28.7.2001; s. 13 not in force at Royal assent see s. 108; s. 13 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 13 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 13(3)(5)(6)(12)-(14) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 13 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M4 1972 c. 70.

M5 1972 c. 70.

M6 1972 c. 70.

Provisions with respect to executive arrangements E+W

14 [F121 Discharge of functions: [F122 mayor and cabinet executive]] E+W

[F123 (1) Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility [F124 of a mayor and cabinet executive are to be discharged in accordance with this section]. ]

(2) The [F125 elected mayor] —

(a) may discharge any of those functions, or

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

(i) by the executive,

(ii) by another member of the executive,

(iii) by a committee of the executive, or

(iv) by an officer of the authority.

(3) Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the [F125 elected mayor] otherwise directs, the executive may arrange for the discharge of any of those functions—

(a) by a committee of the executive, or

(b) by an officer of the authority.

(4) Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the [F125 elected mayor] otherwise directs, [F126 the member who may discharge the function] may arrange for the discharge of any of those functions by an officer of the authority.

(5) Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the [F125 elected mayor] otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.

(6) Any arrangements made by virtue of this section by [F127 an elected mayor], executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent [F128 the elected mayor], executive, member or committee by whom the arrangements are made from exercising those functions.

F129 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121 Words in s. 14 title substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 63(2), 245(2)

F122 Words in s. 14 heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 14(2); S.I. 2012/1008, art. 4(b)

F123 S. 14(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 63(3), 245(2)

F124 Words in s. 14(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 14(3); S.I. 2012/1008, art. 4(b)

F125 Words in s. 14(2)-(5) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 14(4); S.I. 2012/1008, art. 4(b)

F126 Words in s. 14(4) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 63(5)(b), 245(2)

F127 Words in s. 14(6) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 14(5)(a); S.I. 2012/1008, art. 4(b)

F128 Words in s. 14(6) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 14(5)(b); S.I. 2012/1008, art. 4(b)

F129 S. 14(7) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 14(6), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

Modifications etc. (not altering text)

C80 Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

C81 S. 14 applied (with modifications) (temp. until 1/4/2009) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 7(2)(3)

C82 Ss. 14-16 applied (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 20(6)(7)(9), 324(3); S.I. 2009/3345, art. 2, Sch. para. 2

C83 S. 14 applied (with modifications) (temp.) (25.3.2010) by The Norwich and Norfolk (Structural Changes) Order 2010 (S.I. 2010/997), arts. 1, 4(2)

C84 S. 14 modified (temp.) (25.3.2010) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 4(2)

C85 S. 14 excluded (1.4.2021) (W.) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 108(3), 175(7); S.I. 2021/297, reg. 2(b)

C86 S. 14(5) applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(2)

C87 S. 14(5) modified (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(2)

C88 S. 14(5) modified (temp.) (25.3.2010) by The Norwich and Norfolk (Structural Changes) Order 2010 (S.I. 2010/997), arts. 1, 6(2)

C89 S. 14(6) applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(3)

C90 S. 14(6) modified (temp.) (25.3.2010) by The Norwich and Norfolk (Structural Changes) Order 2010 (S.I. 2010/997), arts. 1, 6(3)

C91 S. 14(6) modified (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(3)

Commencement Information

I10 S. 14 wholly in force at 28.7.2001; s. 14 not in force at Royal Assent see s. 108; s. 14 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 14 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

15 [F130 Discharge of functions: leader and cabinet executive (Wales)] E+W

(1) Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of a [F131 leader and cabinet executive (Wales)] are to be discharged in accordance with this section.

(2) The executive arrangements may make provision with respect to the allocation of any functions which are the responsibility of the executive among the following persons—

(a) the executive,

(b) any members of the executive,

(c) any committees of the executive, and

(d) any officers of the authority.

(3) If the executive arrangements make such provision as is mentioned in subsection (2), any person to whom a function is allocated in accordance with that provision may discharge the function.

(4) If or to the extent that the functions which are the responsibility of the executive are not allocated in accordance with such provision as is mentioned in subsection (2), the executive leader—

(a) may discharge any of those functions, or

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

(i) by the executive,

(ii) by another member of the executive,

(iii) by a committee of the executive, or

(iv) by an officer of the authority.

(5) Where by virtue of this section any functions may be discharged by a local authority executive, the executive may arrange for the discharge of any of those functions—

(a) by a committee of the executive, or

(b) by an officer of the authority.

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

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

(8) Where the executive leader makes or has made any arrangements under subsection (4)(b)(i), (ii) or (iii), he may direct that subsection (5), (6) or (7) (as the case may be) is not to apply to any of the functions which are the subject of those arrangements or is not to apply to any of those functions in such cases or circumstances as he may direct.

(9) Any arrangements made by virtue of this section by an executive leader, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the executive leader, executive, member or committee by whom the arrangements are made from exercising those functions.

(10) The reference in subsection (2)(b) to the members of the executive includes a reference to the executive leader, and subsection (6) in its application for the purposes of subsection (2)(b) is to be construed accordingly.

Textual Amendments

F130 S. 15 title substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 63(9)(a), 245(2)

F131 Words in s. 15(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 63(9)(b), 245(2)

Modifications etc. (not altering text)

C82 Ss. 14-16 applied (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 20(6)(7)(9), 324(3); S.I. 2009/3345, art. 2, Sch. para. 2

C92 Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

C93 S. 15 modified (26.2.2008) by The Wiltshire (Structural Change) Order 2008 (S.I. 2008/490), arts. 1, 6(2)

C94 S. 15 modified (26.2.2008) by The Shropshire (Structural Change) Order 2008 (S.I. 2008/492), arts. 1, 6(2)

C95 S. 15 modified (temp.) (26.2.2008) by The County Durham (Structural Change) Order 2008 (S.I. 2008/493), arts. 1, 6(2)

C96 S. 15 modified (temp.) (26.2.2008) by The Northumberland (Structural Change) Order 2008 (S.I. 2008/494), arts. 1, 6(2)

C97 S. 15 modified (26.2.2008) by The Cornwall (Structural Change) Order 2008 (S.I. 2008/491), arts. 1, 6(2)

C98 S. 15 excluded (1.4.2021) (W.) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 108(3), 175(7); S.I. 2021/297, reg. 2(b)

C99 S. 15(7)(9) modified (temp.) (26.2.2008) by The County Durham (Structural Change) Order 2008 (S.I. 2008/493), arts. 1, 8(2)(3)

C100 S. 15(7)(9) modified (26.2.2008) by The Cornwall (Structural Change) Order 2008 (S.I. 2008/491), arts. 1, 8(2)(3)

C101 S. 15(7) modified (temp.) (26.2.2008) by The County Durham (Structural Change) Order 2008 (S.I. 2008/493), arts. 1, 11(3)

C102 S. 15(7)(9) modified (temp.) (26.2.2008) by The Northumberland (Structural Change) Order 2008 (S.I. 2008/494), arts. 1, 8(2)(3)

C103 S. 15(7)(9) modified (26.2.2008) by The Wiltshire (Structural Change) Order 2008 (S.I. 2008/490), arts. 1, 8(2)(3)

C104 S. 15(7)(9) modified (26.2.2008) by The Shropshire (Structural Change) Order 2008 (S.I. 2008/492), arts. 1, 8(2)(3)

C105 S. 15(7) modified (temp.) (26.2.2008) by The Northumberland (Structural Change) Order 2008 (S.I. 2008/494), arts. 1, 11(3)

C106 S. 15(8) extended (16.11.2000 with application to local authorities in England only) by S.I. 2000/2851, regs. 1(2), 4(2)

Commencement Information

I11 S. 15 wholly in force at 28.7.2001; s. 15 not in force at Royal Assent see s. 108; s. 15 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 15 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

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

[F132 (1) Subject to any provision made under section 18, 19 or 20, the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.

(2) The council manager—

(a) may discharge any of those functions, or

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

(i) by the executive, or

(ii) by an officer of the authority.

(3) In deciding—

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

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

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

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

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

Textual Amendments

F132 S. 16 repealed (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 34(3), 178(2), Sch. 4 Pt. B

Modifications etc. (not altering text)

C82 Ss. 14-16 applied (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 20(6)(7)(9), 324(3); S.I. 2009/3345, art. 2, Sch. para. 2

C107 Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

Commencement Information

I12 S. 16 wholly in force at 28.7.2001; s. 16 not in force at Royal Assent see s. 108; s. 16 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 16 in force at 28.7.2001 in so far as not already in force see. 108(4)-(6)

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

(1) The [F133 Welsh Ministers] may by regulations make provision with respect to the ways in which any functions which, under executive arrangements, are the responsibility of an executive which takes a form prescribed in regulations under section 11(5) are to be discharged.

(2) The provision which may be made by regulations under this section includes provision which applies or reproduces (with or without modifications) any provisions of section 14, 15 or 16.

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

(4) Any provision made by regulations under this section is subject to any provision made under section 18, 19 or 20.

Textual Amendments

F133 Words in s. 17(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 15; S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

C108 Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

Commencement Information

I13 S. 17 wholly in force at 1.11.2000; s. 17 not in force at Royal Assent see s. 108; s. 17 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 17 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

18 Discharge of functions by area committees. E+W

(1) The [F134 Welsh Ministers] may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive by an area committee of that authority.

(2) Regulations under this section may impose limitations or restrictions on the arrangements which may be made by virtue of the regulations (including limitations or restrictions on the functions which may be the subject of such arrangements).

(3) In this section—

• [F135 “area committee” [F136 means] a committee or sub-committee of the authority which satisfies the conditions in subsection (6);]

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

F137 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F137 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F138 (6) A committee or sub-committee of a local authority F139 ... satisfies the conditions in this subsection if—

(a) the committee or sub-committee is established to discharge functions in respect of part of the area of the authority,

(b) that part consists of the whole of one or more electoral divisions of the authority,

(c) all the members of the authority who are elected for that electoral division, or those electoral divisions, are entitled to be members of the committee or sub-committee,

(d) no members of the authority, other than those mentioned in paragraph (c), may be members of the committee or sub-committee, and

(e) either or both of the conditions in subsection (7) are satisfied in relation to that part.

(7) Those conditions are—

(a) that the area of that part does not exceed one-half of the total area of the authority;

(b) that the population of that part, as estimated by the authority, does not exceed one-half of the total population of the area of the authority as so estimated.]

Textual Amendments

F134 Words in s. 18(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 16(2); S.I. 2012/1008, art. 4(b)

F135 Words in s. 18(3) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 55(2), 178(2)

F136 Word in s. 18(3) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 16(3); S.I. 2012/1008, art. 4(b)

F137 S. 18(4)(5) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 16(4), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F138 S. 18(6)(7) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 55(4), 178(2)

F139 Words in s. 18(6) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 16(5), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

Modifications etc. (not altering text)

C109 Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

Commencement Information

I14 S. 18 wholly in force at 1.11.2000; s. 18 not in force at Royal Assent see s. 108; s. 18 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 18 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

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

(1) The [F140 Welsh Ministers] may by regulations make provision for or in connection with enabling an executive of a local authority F141 ..., or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive—

[F142 (a) by a relevant authority (other than the local authority), or]

(b) by [F143 a relevant executive (other than an executive of the local authority)] or a committee or specified member of such an executive.

(2) The [F144 Welsh Ministers] may by regulations make provision for or in connection with enabling a [F145 relevant authority in Wales] to arrange for the discharge of any of their functions by [F146 a relevant executive (other than an executive of the relevant authority)] or a committee or specified member of such an executive.

(3) The reference in subsection (2) to the functions of a [F147 relevant authority in Wales], in a case where the authority are operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority’s executive.

(4) Regulations under subsection (1) or (2) may include provision—

(a) requiring, in the case of arrangements for the discharge of any functions by [F148 a relevant executive] or a committee or member of such an executive, the approval of the authority [F149 of which the executive is part] to such arrangements,

(b) which, in the case of arrangements for the discharge of any functions by a [F150 relevant authority], enables any of those functions to be delegated,

(c) which, in the case of arrangements for the discharge of any functions by [F151 a relevant executive] or a committee or member of such an executive, enables any of those functions to be delegated.

(5) The provision which may be made under subsection (4)(b) includes provision which applies or reproduces (with or without modifications) any provisions of section 101(2) to (4) of the M7 Local Government Act 1972.

(6) The provision which may be made under subsection (4)(c) includes provision which applies or reproduces (with or without modifications) any provisions of section 14(3) to (6), 15(5) to (9) or 16(3) to (5).

(7) Nothing in subsection (4), (5) or (6) affects the generality of the power under subsection (1) or (2).

(8) In this section [F152 —

• "relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;

• “relevant executive” means an executive of a local authority under either this Part or Part 1A;

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

Textual Amendments

F140 Words in s. 19(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(2)(a); S.I. 2012/1008, art. 4(b)

F141 Words in s. 19(1) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(2)(b), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F142 S. 19(1)(a) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(2)(c); S.I. 2012/1008, art. 4(b)

F143 Words in s. 19(1)(b) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(2)(d); S.I. 2012/1008, art. 4(b)

F144 Words in s. 19(2) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(3)(a); S.I. 2012/1008, art. 4(b)

F145 Words in s. 19(2) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(3)(b); S.I. 2012/1008, art. 4(b)

F146 Words in s. 19(2) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(3)(c); S.I. 2012/1008, art. 4(b)

F147 Words in s. 19(3) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(4); S.I. 2012/1008, art. 4(b)

F148 Words in s. 19(4)(a) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(5)(a)(i); S.I. 2012/1008, art. 4(b)

F149 Words in s. 19(4)(a) inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(5)(a)(ii); S.I. 2012/1008, art. 4(b)

F150 Words in s. 19(4)(b) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(5)(b); S.I. 2012/1008, art. 4(b)

F151 Words in s. 19(4)(c) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(5)(c); S.I. 2012/1008, art. 4(b)

F152 Words in s. 19(8) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(6); S.I. 2012/1008, art. 4(b)

Commencement Information

I15 S. 19 wholly in force at 1.11.2000; s. 19 not in force at Royal Assent see s. 108; s. 19 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 19 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Marginal Citations

M7 1972 c. 70.

20 Joint exercise of functions. E+W

(1) The [F153 Welsh Ministers] may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the M8 Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.

(2) The provision which may be made under subsection (1) includes provision—

(a) as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,

(b) as to the circumstances in which—

(i) the authority, and

(ii) the executive or a committee or specified member of the executive,

are both to be parties to the arrangements,

(c) as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of the M9 Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,

(d) as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,

(e) as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,

(f) as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a committee or specified member of the executive.

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

(4) In this section “specified” means specified in regulations under this section.

Textual Amendments

F153 Words in s. 20(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 18; S.I. 2012/1008, art. 4(b)

Commencement Information

I16 S. 20 wholly in force at 1.11.2000; s. 20 not in force at Royal Assent see s. 108; s. 20 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 20 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Marginal Citations

M8 1972 c. 70.

M9 1972 c. 70.

21 Overview and scrutiny committees. E+W

(1) Executive arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority (referred to in this Part as overview and scrutiny committees).

(2) Executive arrangements by a local authority must ensure that their overview and scrutiny committee has power (or their overview and scrutiny committees [F154 , and any joint overview and scrutiny committees,] have power between them)—

(a) to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the executive,

(b) to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are the responsibility of the executive,

(c) to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive,

(d) to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are not the responsibility of the executive,

(e) to make reports or recommendations to the authority or the executive on matters which affect the authority’s area or the inhabitants of that area,

[F155 (f) in the case of the overview and scrutiny committee or committees of an authority to which F156 [F157 ... section 184 of the National Health Service (Wales) Act 2006 applies, to review and scrutinise, in accordance with regulations under [F158 that section], matters relating to the health service (within the meaning given by [F159 that Act, as extended by that section]) in the authority’s area, and to make reports and recommendations on such matters in accordance with the regulations.]

[F160 (2A) In subsection (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—

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

F161 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 185 of the National Health Service (Wales) Act 2006 appointed by the authority concerned and one or more other local authorities,

(d) an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, or

(e) a joint overview and scrutiny [F162 committee] within the meaning of section 58 of the Local Government (Wales) Measure 2011 appointed by two or more local authorities, one of which is the authority concerned].

(3) The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented includes power—

(a) to recommend that the decision be reconsidered by the person who made it, or

(b) to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the authority.

(4) F163 ...An overview and scrutiny committee of a local authority may not discharge any functions other than its functions under this section[F164 , sections [F165 21A and 21B]] [F166 or Part 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2)]. F167 ...

F168 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An overview and scrutiny committee of a local authority—

(a) may appoint one or more sub-committees, and

(b) may arrange for the discharge of any of its functions by any such sub-committee.

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

F169 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, may not include any member of the authority’s executive [F170 or any assistant to the executive (within the meaning of paragraph 3A of Schedule 1)].

(10) An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority, but (subject to any provision made by or under [F171 paragraph 8 or] 9 of Schedule 1) any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting F172 ....

[F173 (10A) For provision about the appointment of persons to chair overview and scrutiny committees of local authorities F174 ..., see sections 66 to 75 of the Local Government (Wales) Measure 2011.]

(11) An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated—

(a) as a committee or sub-committee of a principal council for the purposes of Part VA of the M10 Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and

(b) as a body to which section 15 of the M11 Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

(12) Subsections (2) and (5) of section 102 of the M12 Local Government Act 1972 are to apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.

(13) An overview and scrutiny committee of a local authority or a sub-committee of such a committee—

(a) may require members of the executive, and officers of the authority, to attend before it to answer questions,

[F175 (aa) may require any other member of the authority to attend before it to answer questions relating to any function which is exercisable by the member F176 ...] [F177 under section 56 of the Local Government (Wales) Measure 2011], F178 ...

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

(14) It is the duty of any member or officer mentioned in [F179 paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph].

(15) A person is not obliged by subsection (14) to answer any question which he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.

[F180 (16) In exercising, or deciding whether to exercise, any of its functions—

F181 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an overview and scrutiny committee of a local authority F182 ..., or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Welsh Ministers.

(17) Guidance under subsection (16) may make different provision for different cases or for different descriptions of committee or sub-committee.]]

Textual Amendments

F154 Words in s. 21(2) inserted (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 127(1)(a), 245(5); S.I. 2008/3110, art. 4(g)

F155 S. 21(2)(f) inserted (1.1.2003 for E., otherwise 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 7(1), 70(2) (with s. 7(2)-(5), 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a)

F156 Words in s. 21(2)(f) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(2)(a), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F157 Words in s. 21(2)(f) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 205 (with Sch. 3 Pt. 1)

F158 Words in s. 21(2)(f) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(2)(b); S.I. 2012/1008, art. 4(b)

F159 Words in s. 21(2)(f) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(2)(c); S.I. 2012/1008, art. 4(b)

F160 S. 21(2A) inserted (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 127(1)(b), 245(5); S.I. 2008/3110, art. 4(g)

F161 S. 21(2A)(a)(b) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(4)(a), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F162 Words in s. 21(2A)(e) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(4)(b); S.I. 2012/1008, art. 4(b)

F163 Words in s. 21(4) repealed (1.4.2008 ) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 18 Pt. 8; S.I. 2008/591, art. 2(d)(i)

F164 Words in s. 21(4) inserted (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 127(1)(c)(i), 245(5); S.I. 2008/3110, art. 4(g)

F165 Words in s. 21(4) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(5)(a); S.I. 2012/1008, art. 4(b)

F166 Words in s. 21(4) inserted (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 5; S.I. 2016/86, art. 3

F167 Words in s. 21(4) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(5)(b), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F168 S. 21(5) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 18 Pt. 8; S.I. 2008/591, art. 2(d)(i)

F169 S. 21(8) repealed (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 127(1)(d), 245(5), Sch. 18 Pt. 6; S.I. 2008/3110, art. 4(g)

F170 Words in s. 21(9) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 6 para. 5; S.I. 2021/231, art. 6(t) (as substituted by S.I. 2021/1249, art. 3(2))

F171 Words in s. 21(10) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(6)(a); S.I. 2012/1008, art. 4(b)

F172 Words in s. 21(10) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(6)(b), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F173 S. 21(10A) inserted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 75(4), 178(3); S.I. 2012/1187, art. 2(1)(h)

F174 Words in s. 21(10A) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(7), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F175 S. 21(13)(aa) inserted (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 120(1), 245(5); S.I. 2008/3110, art. 4(b)

F176 Words in s. 21(13)(aa) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(8)(a), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F177 Words in s. 21(13)(aa) inserted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 57(2)(b), 178(3); S.I. 2012/1187, art. 2(1)(d)

F178 Word in s. 21(13)(aa) repealed (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), 178(3), Sch. 4 Pt. D; S.I. 2012/1187, art. 2(2)(m)

F179 Words in s. 21(14) substituted (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 120(2), 245(5); S.I. 2008/3110, art. 4(b)

F180 S. 21(16)(17) inserted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 125, 245(5); S.I. 2008/3110, art. 2(b)

F181 S. 21(16)(a) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(9)(a), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F182 Words in s. 21(16)(b) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(9)(b), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

Modifications etc. (not altering text)

C110 S. 21 applied (with modifications) (1.1.2003 for E. otherwise 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), s. 10(3)(4), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 10 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C111 S. 21 applied (with modifications) (1.3.2007) by National Health Service Act 2006 (c. 41), s. 247(3)(4), 277(1)

C112 S. 21 excluded (temp. until 31/3/2009) (26.2.2008) by The Wiltshire (Structural Change) Order 2008 (S.I. 2008/490), arts. 1, 8(4)

C113 S. 21 excluded (temp.) (26.2.2008) by The County Durham (Structural Change) Order 2008 (S.I. 2008/493), arts. 1, 8(4)

C114 S. 21 excluded (temp. until 31/3/2009) (26.2.2008) by The Shropshire (Structural Change) Order 2008 (S.I. 2008/492), arts. 1, 8(4)

C115 S. 21 excluded (temp. until 31/3/2009) (26.2.2008) by The Cornwall (Structural Change) Order 2008 (S.I. 2008/491), arts. 1, 8(4)

C116 S. 21 excluded (temp.) (26.2.2008) by The Northumberland (Structural Change) Order 2008 (S.I. 2008/494), arts. 1, 8(4)

C117 S. 21 excluded (temp. until 31/3/2009) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(4)

C118 S. 21 excluded (temp.) (25.3.2010) by The Norwich and Norfolk (Structural Changes) Order 2010 (S.I. 2010/997), arts. 1, 6(4)

C119 S. 21 excluded (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(4)

C120 S. 21(4) excluded (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(7), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C121 S. 21(4) power to apply (with modifications) conferred (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(3)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C122 S. 21(4) excluded (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 245(7), 277(1)

C123 S. 21(4) excluded (1.3.2007) by National Health Service (Wales) Act 2006 (c. 42), ss. 185(7), 208(1) (with s. 19(3))

C124 S. 21(4): power to apply conferred by 2007 c. 28, s. 123(5)(b)(i) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

C125 S. 21(6)-(15) applied (with modifications) (E.) (1.1.2003) by S.I. 2002/3048, reg. 7(3)

C126 S. 21(6)-(15) power to apply (with modifications) conferred (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(3)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C127 S. 21(6)-(12): power to apply conferred by 2007 c. 28, s. 123(5)(b)(i) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

C128 S. 21(10) excluded (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(8), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C129 S. 21(10) excluded (1.3.2007) by National Health Service (Wales) Act 2006 (c. 42), ss. 185(8), 208(1) (with s. 19(3))

C130 S. 21(10) excluded (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 245(8), 277(1)

Commencement Information

I17 S. 21 wholly in force at 28.7.2001; s. 21 not in force at Royal Assent see s. 108; s. 21 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 21 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M10 1972 c. 70.

M11 1989 c. 42.

M12 1972 c. 70.

F183 21ZA Scrutiny officers E+W

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

Textual Amendments

F183 S. 21ZA repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 20, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

[F184 21A Reference of matters to overview and scrutiny committee etc E+W

(1) Executive arrangements by a local authority must include provision which—

(a) enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee,

(b) enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and

(c) F185 ... enables any member of the authority to refer to an overview and scrutiny committee of the authority of which he is not a member any local government matter which is relevant to the functions of the committee.

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

(3) In considering whether to exercise the power which he has by virtue of subsection (1)(c) in any case, a member of an authority must have regard to any guidance for the time being issued F186 ...[F187 by the Welsh Ministers].

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

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

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

(a) any powers which the member may exercise in relation to the matter by virtue of F188 ... [F189 section 56 of the Local Government (Wales) Measure 2011] (exercise of functions by local councillors F190 ...), and

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

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

(a) its decision, and

(b) the reasons for it.

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

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

F191 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F191 (11)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F192 (12) In this section “local government matter”, in relation to a member of a local authority F193 ..., means a matter which is not an excluded matter and which—

(a) relates to the discharge of any function of the authority, or

(b) affects all or part of the electoral area for which the member is elected or any person who lives or works in that area.

(13) In subsection (12) “excluded matter” means any matter which is—

(a) a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b) a matter of any description specified in an order made by the Welsh Ministers for the purposes of this section.]

Textual Amendments

F184 S. 21A inserted (12.12.2008 for specified purposes, 1.4.2009 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 119, 245(5); S.I. 2008/3110, arts. 2(a), 4(a)

F185 Words in s. 21A(1)(c) repealed (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 63(2), 178(3), Sch. 4 Pt. D; S.I. 2012/1187, art. 2(1)(g)(2)(m)

F186 Words in s. 21A(3) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 21(2), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F187 Words in s. 21A(3) inserted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 63(3)(b), 178(3); S.I. 2012/1187, art. 2(1)(g)

F188 Words in s. 21A(6)(a) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 21(3), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F189 Words in s. 21A(6)(a) inserted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 63(4)(a), 178(3); S.I. 2012/1187, art. 2(1)(g)

F190 Words in s. 21A(6)(a) repealed (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 63(4)(b), 178(3), Sch. 4 Pt. D; S.I. 2012/1187, art. 2(1)(g)(2)(m)

F191 S. 21A(10)(11) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 21(4), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F192 S. 21A(12)(13) inserted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 63(6), 178(3); S.I. 2012/1187, art. 2(1)(g)

F193 Words in s. 21A(12) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 21(5), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

Modifications etc. (not altering text)

C131 Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

[F194 21B Duty of authority or executive to respond to overview and scrutiny committee E+W

(1) This section applies where an overview and scrutiny committee of a local authority F195 ... makes a report or recommendations to the authority or the executive, otherwise than—

(a) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b) by virtue of subsection (3)(a) of that section.

[F196 (1A) A report or recommendation to a public services board by virtue of section 35(1)(c) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) is not to be regarded for the purposes of this section as a report or recommendation to the local authority that is a member of the board.]

(2) The overview and scrutiny committee may publish the report or recommendations.

(3) The overview and scrutiny committee must by notice in writing require the authority or executive—

(a) to consider the report or recommendations,

(b) to respond to the overview and scrutiny committee indicating what (if any) action the authority propose, or the executive proposes, to take,

(c) if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response,

(d) if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 21A(8), to provide the member with a copy of the response,

and to do so within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice.

(4) It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.

(5) Subsections (2) and (4) are subject to section 21D and to any provision made under section 22(12A).

(6) In this section—

(a) references to an overview and scrutiny committee include references to a sub-committee of such a committee; and

(b) references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority.

Textual Amendments

F194 Ss. 21B-21D inserted (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 122(1), 245(5); S.I. 2008/3110, art. 4(d)

F195 Words in s. 21B(1) repealed (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 64, 178(3), Sch. 4 Pt. D; S.I. 2012/1187, art. 2(1)(g)(2)(m)

F196 S. 21B(1A) inserted (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 6; S.I. 2016/86, art. 3

Modifications etc. (not altering text)

C131 Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

F197 21C Reports and recommendations of overview and scrutiny committees: duties of certain partner authorities E+W

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

Textual Amendments

F197 S. 21C repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 22, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

21D Publication etc of reports, recommendations and responses: confidential and exempt information E+W

(1) This section applies to—

(a) the publication under section 21B of any document comprising—

(i) a report or recommendations of an overview and scrutiny committee, or

(ii) a response of a local authority to any such report or recommendations, and

(b) the provision of a copy of such a document—

(i) to a member of a local authority under section 21A(8) or section 21B, or

F198 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

by an overview and scrutiny committee or a local authority.

(2) The overview and scrutiny committee or the local authority, in publishing the document F199 ...—

(a) must exclude any confidential information, and

(b) may exclude any relevant exempt information.

(3) The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information.

(4) Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document—

(a) may replace so much of the document as discloses the information with a summary which does not disclose that information, and

(b) must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.

(5) If by virtue of subsection (2), (3) or (4) an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—

(a) excludes information, or

(b) replaces part of the report or recommendations with a summary,

it is nevertheless to be taken for the purposes of section 21B(3)(c) or (d) to have published or provided a copy of the report or recommendations.

(6) In this section—

• “confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils),

• “exempt information” has the meaning given by section 100I of that Act, and, in relation to—

  (a)

  any report or recommendations of an overview and scrutiny committee which has functions under section 21(2)(f), or

  (b)

  any response to such a report or recommendations,

  also includes information which is exempt information under F200 ...[F201 section 186 of the National Health Service (Wales) Act 2006], [F202 and]

• “relevant exempt information” means—

  (a)

  in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and

  (b)

  in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered, and

• F203 ...

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

Textual Amendments

F194 Ss. 21B-21D inserted (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 122(1), 245(5); S.I. 2008/3110, art. 4(d)

F198 S. 21D(1)(b)(ii) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 23(2), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F199 Words in s. 21D(2) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 23(3), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F200 Words in s. 21D(6) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 23(4)(a)(i), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F201 Words in s. 21D(6) inserted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 65(2), 178(3); S.I. 2012/1187, art. 2(1)(g)

F202 Word in s. 21D(6) inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 23(4)(a)(ii); S.I. 2012/1008, art. 4(b)

F203 Words in s. 21D(6) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 23(4)(b), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

Modifications etc. (not altering text)

C131 Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

C132 S. 21D applied (E.) (12.8.2009) by The Local Authorities (Overview and Scrutiny Committees) (England) Regulations 2009 (S.I. 2009/1919), regs. 1(1), 8 (with reg. 12)

F204 21E Overview and scrutiny committees of certain district councils: functions with respect to partner authorities E+W

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

Textual Amendments

F204 S. 21E repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 24, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F205 21F Overview and scrutiny committees: flood risk management E+W

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

Textual Amendments

F205 S. 21F repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 26, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

[F206 21G [F207 Designated] persons E+W

(1) The Welsh Ministers may, by order, designate for the purposes of section 21—

(a) one or more persons, and

(b) one or more categories of person.

(2) But—

(a) the designation of a person has effect only if that person meets the following conditions, and

(b) the designation of a category of persons has effect only if, and to the extent that, each person in that category meets the following conditions.

(3) Condition A is that the person provides the public, or a section of the public, with services, goods or facilities of any description (whether on payment or not).

(4) Condition B is that the person—

(a) provides those services, goods or facilities in the exercise of functions of a public nature, or

(b) is wholly or partly funded by public money.

(5) Condition C is that the person is not a local authority.]

Textual Amendments

F206 S. 21G inserted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 61, 178(3); S.I. 2012/1187, art. 2(1)(e)

F207 Word in s. 21G heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 27; S.I. 2012/1008, art. 4(b)

22 Access to information etc. E+W

(1) Meetings of a local authority executive, or a committee of such an executive, are to be open to the public or held in private.

(2) Subject to regulations under subsection (9), it is for a local authority executive to decide which of its meetings, and which of the meetings of any committee of the executive, are to be open to the public and which of those meetings are to be held in private.

(3) A written record must be kept of prescribed decisions made at meetings of local authorities executives, or committees of such executives, which are held in private.

(4) A written record must be kept of prescribed decisions made by individual members of local authority executives.

(5) Written records under subsection (3) or (4) must include reasons for the decisions to which they relate.

(6) Written records under subsections (3) and (4), together with such reports, background papers or other documents as may be prescribed, must be made available to members of the public in accordance with regulations made by the [F208 Welsh Ministers].

(7) Regulations under subsection (6) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.

(8) The [F209 Welsh Ministers] may by regulations make provision—

(a) with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),

(b) for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,

(c) for or in connection with requiring written records falling within paragraph (b) to include reasons,

(d) for or in connection with requiring any such written records to be made available to members of the public,

(e) for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.

(9) The [F209 Welsh Ministers] may by regulations make provision—

(a) as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be open to the public,

(b) as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be held in private,

(c) with respect to the information which is to be included in written records kept by virtue of this section,

(d) with respect to the reasons which are to be included in any such written records,

(e) with respect to the persons who are to produce, keep or make available any such written records,

(f) for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,

(g) for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,

(h) for or in connection with requiring information to be made available by electronic means,

(i) for or in connection with conferring rights on members of the public, members of local authorities or overview and scrutiny committees or sub-committees in relation to records or documents,

(j) for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section.

(10) The [F209 Welsh Ministers] may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public [F210 , members of the authority, an overview and scrutiny committee of the authority or a sub-committee of such a committee].

(11) The provision which may be made under subsection (10) includes provision—

(a) requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,

(b) as to the way or form in which prescribed information is to be made available.

(12) The [F211 Welsh Ministers] may by regulations make provision which, in relation to meetings of—

(a) local authority executives or committees of such executives, or

(b) joint committees, or sub-committees of such committees, falling within subsection (8)(a),

applies or reproduces (with or without modifications) any provisions of Part VA of the M13 Local Government Act 1972.

[F212 (12A) The [F213 Welsh Ministers] may by regulations make provision, in relation to—

(a) the publication by executives of local authorities F214 ... under section 21BF215 ... of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or

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

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

(13) In this section—

• “joint committee” means a joint committee falling within section 101(5)(a) of the M14 Local Government Act 1972,

• “prescribed” means prescribed by regulations made by the [F216 Welsh Ministers].

Textual Amendments

F208 Words in s. 22(6) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 28(2); S.I. 2012/1008, art. 4(b)

F209 Words in s. 22(8)-(10) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 28(2); S.I. 2012/1008, art. 4(b)

F210 Words in s. 22(10) substituted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 65, 175(7); S.I. 2021/231, art. 6(n)

F211 Words in s. 22(12) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 28(2); S.I. 2012/1008, art. 4(b)

F212 S. 22(12A) inserted (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 122(2), 245(5); S.I. 2008/3110, art. 4(d)

F213 Words in s. 22(12A) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 28(3)(a); S.I. 2012/1008, art. 4(b)

F214 Words in s. 22(12A)(a) repealed (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 65(3)(b), 178(3), Sch. 4 Pt. D; S.I. 2012/1187, art. 2(1)(g)(2)(m)

F215 Words in s. 22(12A)(a) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 28(3)(b), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F216 Words in s. 22(13) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 28(2); S.I. 2012/1008, art. 4(b)

Commencement Information

I18 S. 22 wholly in force at 28.7.2001; s. 22 not in force at Royal Assent see s. 108; s. 22 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 22 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 22(6)-(13) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 22 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M13 1972 c. 70.

M14 1972 c. 70.

F217 22A Overview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities E+W

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

Textual Amendments

F217 S. 22A repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 29, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

23 Further provision. E+W

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

Commencement Information

I19 S. 23 wholly in force at 28.7.2001; s. 23 not in force at Royal Assent see s. 108; s. 23 in force at 7.8.2000 for certain purposes in relation to England only by S.I. 2000/2187, arts. 1(3), 2(c); s. 23 in force at 26.10.2000 in relation to England only for certain purposes by S.I. 2000/2849, arts. 1(3), 2(c); s. 23 in force at 1.11.2000 in relation to Wales for certain purposes by S.I. 2000/2948, art. 2; s. 23 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

24 Absence of requirement for political balance. E+W

Neither—

(a) a local authority executive, nor

(b) a committee of a local authority executive,

is to be regarded as a body to which section 15 of the M15 Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

Commencement Information

I20 S. 24 wholly in force at 28.7.2001; s. 24 not in force at Royal Assent see s. 108; s. 24 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 24 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M15 1989 c. 42.

Procedure with respect to operation of executive arrangements E+W

25 Proposals. E+W

(1) Subject to section 31, every local authority must—

(a) draw up proposals for the operation of executive arrangements, and

(b) send a copy of the proposals to the [F218 Welsh Ministers].

(2) Before drawing up proposals under this section, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.

(3) In drawing up proposals under this section, a local authority must decide—

(a) which form the executive is to take, and

(b) the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive.

(4) In drawing up proposals under this section, a local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

(5) A local authority must comply with any directions given by the [F219 Welsh Ministers] for the purposes of this section.

(6) Proposals under this section must include—

(a) such details of the executive arrangements as the [F220 Welsh Ministers] may direct,

(b) a timetable with respect to the implementation of the proposals, and

(c) details of any transitional arrangements which are necessary for the implementation of the proposals.

(7) A copy of proposals under this section which is sent to the [F221 Welsh Ministers] must be accompanied by a statement which describes—

(a) the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, and

(b) the outcome of that consultation and the extent to which that outcome is reflected in the proposals.

(8) The [F222 Welsh Ministers] may by order specify a date by which every local authority, or every local authority falling within any description of authority specified in the order, must comply with this section.

Textual Amendments

F218 Words in s. 25(1)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F219 Words in s. 25(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F220 Words in s. 25(6)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F221 Words in s. 25(7) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F222 Words in s. 25(8) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Commencement Information

I21 S. 25 wholly in force at 28.7.2001; s. 25 not in force at Royal Assent see s. 108; s. 25 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 25 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 25(5)(6)(8) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 25 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

26 Proposals not requiring referendum. E+W

(1) Where a local authority’s proposals under section 25 do not involve a form of executive for which a referendum is required, the authority must implement the proposals in accordance with the timetable included in the proposals.

(2) Any reference in this Part to a form of executive for which a referendum is required is a reference to—

(a) a mayor and cabinet executive, [F223 or ]

(b) [F224 a mayor and council manager executive, or]

(c) a form of executive prescribed in regulations under section 11(5) which is expressed in those regulations to be a form of executive for which a referendum is required.

Textual Amendments

F223 Word in s. 26(2)(a) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 34(4)(a), 178(2)

F224 S. 26(2)(b) repealed (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 34(4)(b), 178(2), Sch. 4 Pt. B

Commencement Information

I22 S. 26 wholly in force at 28.7.2001; s. 26 not in force at Royal Assent see s. 108; s. 26 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 26 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

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

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

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

(b) must draw up and send to the [F225 Welsh Ministers] an outline of the fall-back proposals (referred to in this section as outline fall-back proposals) that they intend to implement if the proposals under section 25 are rejected in a referendum.

(2) Fall-back proposals are proposals—

(a) for the operation of executive arrangements which do not involve a form of executive for which a referendum is required, or

(b) for the operation of alternative arrangements of a particular type permitted by regulations under section 32.

(3) For the purpose of drawing up outline fall-back proposals, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.

(4) Outline fall-back proposals must include a timetable with respect to the implementation of detailed fall-back proposals which are based on the outline fall-back proposals in the event that the proposals under section 25 are rejected in a referendum.

(5) A local authority must send a copy of their outline fall-back proposals to the [F226 Welsh Ministers] at the same time that a copy of the proposals under section 25 is sent to [F227 them].

(6) A local authority may not hold a referendum under this section before the end of the period of two months beginning with the date on which a copy of the proposals under section 25 is sent to the [F228 Welsh Ministers].

(7) If the result of a referendum under subsection (1) is to approve a local authority’s proposals under section 25, the authority must implement the proposals in accordance with the timetable included in the proposals.

(8) If the result of a referendum under subsection (1) is to reject a local authority’s proposals under section 25, the authority—

(a) may not implement those proposals,

(b) must draw up detailed fall-back proposals which are based on the outline fall-back proposals, and

(c) must send a copy of the detailed fall-back proposals to the [F229 Welsh Ministers].

(9) In drawing up outline fall-back proposals or detailed fall-back proposals under this section, a local authority must comply with any directions given by the [F230 Welsh Ministers].

(10) Outline fall-back proposals and detailed fall-back proposals must include such details of the executive arrangements or alternative arrangements to which they relate as the [F231 Welsh Ministers] may direct.

(11) Subsections (2), (3)(b), (4) and (6)(c) of section 25 are to apply to detailed fall-back proposals involving executive arrangements as they apply to proposals under that section.

(12) Subsections (2), (4) and (6)(c) of that section are to apply to detailed fall-back proposals involving alternative arrangements as they apply to proposals under that section.

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

Textual Amendments

F225 Words in s. 27(1)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F226 Words in s. 27(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F227 Word in s. 27(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F228 Words in s. 27(6) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F229 Words in s. 27(8)(c) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F230 Words in s. 27(9) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F231 Words in s. 27(10) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Modifications etc. (not altering text)

C133 S. 27(1)(a) applied (W.) (9.12.2004) by The Local Authorities (Changing Executive Arrangements and Alternative Arrangements) (Wales) Regulations 2004 (S.I. 2004/3158), regs. 1(1), 5(1)

C134 S. 27(8)-(12) modified (E.) (28.7.2007) by Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2), 14(6)

C135 S. 27(13) applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), regs. 1(1), 17(7)

C136 S. 27(13) applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 13(7)

Commencement Information

I23 S. 27 wholly in force at 28.7.2001; s. 27 not in force at Royal Assent see s. 108; s. 27 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 27 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 27(9)(10) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 27 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

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

(1) A local authority may apply to the [F232 Welsh Ministers] for the approval of outline fall-back proposals involving fall-back proposals which are not permitted by or under this Part but which would be so permitted if the necessary regulations were made under section 11(5) or 32 (as the case may be).

(2) The form and content of an application under subsection (1) must comply with any directions given by the [F233 Welsh Ministers].

(3) Where the [F234 Welsh Ministers approve] a local authority’s proposals under subsection (1)—

(a) the authority may use those proposals as their outline fall-back proposals for the purposes of section 27, and

(b) the timetable referred to in section 27(13) shall be extended to the extent that there is any delay in making the necessary regulations under section 11(5) or 32 (as the case may be).

Textual Amendments

F232 Words in s. 28(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 32(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F233 Words in s. 28(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 32(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F234 Words in s. 28(3) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 32(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Commencement Information

I24 S. 28 wholly in force at 28.7.2001; s. 28 not in force at Royal Assent see s. 108; s. 28 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 28 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 28(1)(2) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 28 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

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

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

(2) As soon as practicable after passing such a resolution a local authority must—

(a) secure that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at all reasonable hours, and

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

(i) states that they have resolved to operate the arrangements,

(ii) states the date on which they are to begin operating the arrangements,

(iii) describes the main features of the arrangements,

(iv) states that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and

(v) specifies the address of their principal office.

(3) [F235 A local authority [F236 in Wales] which pass a resolution under this section may not at any subsequent time cease to operate executive arrangements unless, by virtue of any provision made under section 33(5), the authority operate alternative arrangements in place of the executive arrangements.]

Textual Amendments

F235 S. 29(3) repealed (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 36(1)(a), 178(2), Sch. 4 Pt. B (with s. 36(5)-(8))

F236 Words in s. 29(3) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 23

Modifications etc. (not altering text)

C137 S. 29(1) applied (E.) (12.4.2001) by S.I. 2001/1003, reg. 10(1)

C138 S. 29(1) applied (W.) (25.11.2002) by S.I. 2002/2880, reg. 7(1)

C139 S. 29(1) applied (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), regs. 1(1), 17(8)(a)

C140 S. 29(1) applied (9.12.2004) by The Local Authorities (Changing Executive Arrangements and Alternative Arrangements) (Wales) Regulations 2004 (S.I. 2004/3158), regs. 1(1), 9(1)

C141 S. 29(1) applied (E.) (28.7.2007) by Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2), 17(8)(a)

C142 S. 29(1) applied (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 13(8)(a)

C143 S. 29(2) applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), regs. 1(1), 17(8)(b)

C144 S. 29(2) applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), regs. 1(1), 17(9)(b)

C145 S. 29(2) applied (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 71(7), 245(2)

C146 S. 29(2) applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 13(8)(b)

C147 S. 29(2) applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 13(9)(b)

C148 S. 29(2) applied (with modifications) (E.) (28.7.2007) by Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2), 17(8)(b)

Commencement Information

I25 S. 29 wholly in force at 28.7.2001; s. 29 not in force at Royal Assent see s. 108; s. 29 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 29 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

30 Operation of different executive arrangements. E+W

[F237 (1) The Secretary of State may by regulations make provision for or in connection with the operation by a local authority [F238 in Wales] which are operating executive arrangements (“the existing arrangements”) of executive arrangements (“the different arrangements”) which differ from the existing arrangements in any respect.

(2) The provision which may be made by virtue of subsection (1) includes provision—

(a) which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27, 28 or 29,

(b) for or in connection with requiring the consent of an elected mayor under the existing arrangements to the operation of the different arrangements,

(c) with respect to changes to the existing arrangements as a result of changes to the functions which are the responsibility of an executive.

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

Textual Amendments

F237 S. 30 repealed (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 54(2), 178(2), Sch. 4 Pt. C

F238 Words in s. 30(1) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 24

Commencement Information

I26 S. 30 wholly in force at 1.11.2000; s. 30 not in force at Royal Assent see s. 108; s. 30 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 30 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Alternative arrangements. E+W

F239 31 Alternative arrangements in case of certain local authorities. E+W

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

Textual Amendments

F239 S. 31 repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 33, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F240 32 Alternative arrangements. E+W

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

Textual Amendments

F240 S. 32 repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 34, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

33 Operation of alternative arrangements. E+W

[F241 [F242 (A1) In this section references to a local authority are references to a local authority in Wales.]

(1) A local authority may not operate alternative arrangements unless permitted or required to do so by virtue of any provision made by or under this Part.

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

(3) Subsection (2) of section 29 is to apply for the purposes of this section as it applies for the purposes of that section.

(4) A local authority which pass a resolution under this section to operate alternative arrangements may not at any subsequent time cease to operate those arrangements unless, by virtue of any provision made under subsection (9) or section 34, 35 or 36, the authority operate executive arrangements in place of those arrangements.

(5) The Secretary of State may by regulations make provision for or in connection with enabling a local authority to which section 31 applies which are operating executive arrangements to operate alternative arrangements in place of the executive arrangements.

(6) The provision which may be made by virtue of subsection (5) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27 or 28.

(7) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating alternative arrangements to operate alternative arrangements which differ from the existing alternative arrangements in any respect.

(8) The provision which may be made by virtue of subsection (7) includes provision which applies or reproduces (with or without modifications) any provisions of section 25 or 26.

(9) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating alternative arrangements to operate executive arrangements in place of the alternative arrangements.

(10) The provision which may be made by virtue of subsection (9) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27, 28 or 29.

(11) Nothing in subsection (6), (8) or (10) affects the generality of the power under subsection (5), (7) or (9) (as the case may be).]

Textual Amendments

F241 S. 33 repealed (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 36(1)(d), 178(2), Sch. 4 Pt. B (with s. 36(5)-(8))

F242 S. 33(A1) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 25

Modifications etc. (not altering text)

C149 S. 33(2) applied (W.) (25.11.2002) by S.I. 2002/2880, reg. 7(2)

C150 S. 33(2) applied (E.) (12.4.2001) by S.I. 2001/1003, reg. 10(2)

C151 S. 33(2) applied (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), regs. 1(1), 17(9)(a)

C152 S. 33(2) applied (W.) (9.12.2004) by The Local Authorities (Changing Executive Arrangements and Alternative Arrangements) (Wales) Regulations 2004 (S.I. 2004/3158), regs. 1(1), 9(2)

C153 S. 33(2) applied (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 13(9)(a)

Commencement Information

I27 S. 33 wholly in force at 28.7.2001; s. 33 not in force at Royal Assent see s. 108; s. 33 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 33 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 33(5)-(11) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 33 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F243 Changing governance arrangements: general provisions E+W

Textual Amendments

F243 Ss. 33A-33O and cross-headings inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 64, 245(2)

[F244 33ZA [F245 Changing] governance arrangements E+W

For provision about changing the governance arrangements of local authorities F246 ... see Part 4 of the Local Government (Wales) Measure 2011.]

Textual Amendments

F244 S. 33ZA inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 54(3), 178(2)

F245 Word in s. 33ZA heading substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 35(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F246 Words in s. 33ZA repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 35(3), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F247 33A Executive arrangements: different form of executive E+W

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

Textual Amendments

F247 S. 33A repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 36, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F248 33B Executive arrangements: other variation of arrangements E+W

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

Textual Amendments

F248 S. 33B repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 37, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F249 33C Alternative arrangements: move to executive arrangements E+W

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

Textual Amendments

F249 S. 33C repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 38, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F250 33D Alternative arrangements: variation of arrangements E+W

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

Textual Amendments

F250 S. 33D repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 39, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F251 33E Proposals by local authority E+W

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

Textual Amendments

F251 S. 33E repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 40, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F252 33F Resolution of local authority E+W

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

Textual Amendments

F252 S. 33F repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 41, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F253 33G Implementation: new executive or move to executive arrangements E+W

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

Textual Amendments

F253 S. 33G repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 42, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F254 33H Implementation: other change in governance arrangements E+W

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

Textual Amendments

F254 S. 33H repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 43, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F255 33I General E+W

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

Textual Amendments

F255 S. 33I repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 44, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F256 ... E+W

Textual Amendments

F256 S. 33J and crossheading repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 45, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F256 33J New form of executive or move to executive: general requirements E+W

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

F257 33K Changes subject to approval in a referendum: additional requirements E+W

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

Textual Amendments

F257 S. 33K repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 46, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F258 33L Change not subject to approval in a referendum: additional requirements E+W

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

Textual Amendments

F258 S. 33L repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 47, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F259 33M Cases in which change subject to approval in referendum E+W

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

Textual Amendments

F259 S. 33M repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 48, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F260 33N Variation of mayoral executive E+W

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

Textual Amendments

F260 S. 33N repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 49, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F261 ... E+W

Textual Amendments

F261 S. 33O and crossheading repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 50, Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F261 33O Interpretation E+W

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

Referendums E+W

34 Referendum following petition. E+W

(1) The [F262 Welsh Ministers] may by regulations make provision for or in connection with requiring a local authority which receive a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should [F263 operate a relevant form of executive].

[F264 (1A) In this section “relevant form of executive” [F265 means] executive arrangements involving a form of executive for which a referendum is required.

(2) The provision which may be made by regulations under subsection (1) includes provision—

(a) as to the form and content of petitions (including provision for petitions in electronic form),

(b) as to the minimum number of local government electors for a local authority’s area who must support any petition presented to the authority during any period specified in the regulations,

(c) for or in connection with requiring an officer of a local authority to publish the number of local government electors for the authority’s area who must support any petition presented to the authority,

(d) as to the way in which local government electors for a local authority’s area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),

(e) as to the action which may, may not or must be taken by a local authority in connection with any petition,

(f) as to the manner in which a petition is to be presented to a local authority,

(g) as to the verification of any petition,

(h) as to the date on which, or the time by which, a referendum must be held,

(i) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,

(j) as to the action which may, may not or must be taken by a local authority after a referendum, and

(k) for or in connection with enabling the [F266 Welsh Ministers], in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.

(3) The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, [F267 29 or 33] [F267 or 29] F268 ....

(4) The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent. of the number of local government electors at each of those times.

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

Textual Amendments

F262 Words in s. 34(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 51(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F263 Words in s. 34(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 65(2), 245(2)

F264 S. 34(1A) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 65(3), 245(2)

F265 Word in s. 34(1A) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 51(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F266 Words in s. 34(2)(k) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 51(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F267 Words in s. 34(3) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 36(1)(e), 178(2) (with s. 36(5)-(8))

F268 Words in s. 34(3) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 51(4), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

Commencement Information

I28 S. 34 wholly in force at 1.11.2000; s. 34 not in force at Royal Assent s. 108; s. 34 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 34 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

35 Referendum following direction. E+W

(1) The [F269 Welsh Ministers] may by regulations make provision for or in connection with enabling [F270 them], in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the direction.

(2) The provision which may be made by regulations under this section includes provision—

(a) as to the date on which, or the time by which, a referendum must be held,

(b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,

(c) as to the action which may, may not or must be taken by a local authority after a referendum, and

(d) for or in connection with enabling the [F271 Welsh Ministers], in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.

(3) The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, [F272 29 or 33] [F272 or 29] F273 ....

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

Textual Amendments

F269 Words in s. 35(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 52(2)(a); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F270 Word in s. 35(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 52(2)(b); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F271 Words in s. 35(2)(d) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 52(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F272 Words in s. 35(3) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 36(1)(f), 178(2) (with s. 36(5)-(8))

F273 Words in s. 35(3) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 52(4), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

Commencement Information

I29 S. 35 wholly in force at 1.11.2000; s. 35 not in force at Royal Assent see s. 108; s. 35 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 35 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

36 Referendum following order. E+W

(1) The [F274 Welsh Ministers] may by order make provision requiring every local authority, or every local authority falling within any description of authority specified in the order, to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the order.

(2) The provision which may be made by an order under this section includes provision—

(a) as to the date on which, or the time by which, a referendum must be held,

(b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,

(c) as to the action which may, may not or must be taken by a local authority after a referendum,

(d) for or in connection with enabling the [F275 Welsh Ministers], in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.

(3) The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, [F276 29 or 33] [F276 or 29] F277 ....

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

Textual Amendments

F274 Words in s. 36(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 53(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F275 Words in s. 36(2)(d) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 53(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F276 Words in s. 36(3) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 36(1)(g), 178(2) (with s. 36(5)-(8))

F277 Words in s. 36(3) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 53(3), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

Commencement Information

I30 S. 36 wholly in force at 1.11.2000; s. 36 not in force at Royal Assent see s. 108; s. 36 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 36 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Local authority constitution E+W

37 Local authority constitution. E+W

(1) A local authority which are operating executive arrangements or alternative arrangements must prepare and keep up to date a document (referred to in this section as their constitution) which contains—

(a) such information as the [F278 Welsh Ministers] may direct,

(b) a copy of the authority’s standing orders for the time being,

(c) a copy of the authority’s code of conduct for the time being under section 51, and

(d) such other information (if any) as the authority consider appropriate.

[F279 (1A) A local authority must prepare and keep up to date a document (referred to in this section as their constitution guide) which explains, in ordinary language, the content of their constitution.]

(2) A local authority must [F280 —

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

[F281 (b)] ensure that copies of their constitution [F282 and their constitution guide] are available at their principal office for inspection by members of the public at all reasonable hours.

(3) A local authority must supply a copy of their constitution [F283 or, as the case may be, their constitution guide] to any person [F284 on request, either free of charge or at a charge representing no more than the cost of providing the copy].

[F285 (4) In relation to an authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1)(c) to the authority's code of conduct for the time being under section 51 is to the mandatory provisions which for the time being apply to the members and co-opted members of the authority.]

[F286 (5) This section applies to a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 as it applies to a local authority which are operating executive arrangements and in that application—

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

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

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

Textual Amendments

F278 Words in s. 37(1)(a) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 54; S.I. 2012/1008, art. 4(b)

F279 S. 37(1A) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 45(2), 175(7); S.I. 2021/231, art. 6(e)

F280 S. 37(2)(a) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 45(3)(a), 175(7); S.I. 2021/231, art. 6(e)

F281 Words in s. 37(2) renumbered as s. 37(2)(b) (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 45(3)(a), 175(7); S.I. 2021/231, art. 6(e)

F282 Words in s. 37(2)(b) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 45(3)(b), 175(7); S.I. 2021/231, art. 6(e)

F283 Words in s. 37(3) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 45(4)(a), 175(7); S.I. 2021/231, art. 6(e)

F284 Words in s. 37(3) substituted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 45(4)(b), 175(7); S.I. 2021/231, art. 6(e)

F285 S. 37(4) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 184(1), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(i)

F286 S. 37(5) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 44

Commencement Information

I31 S. 37 wholly in force at 28.7.2001; s. 37 not in force at Royal Assent see s. 108; s. 37 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 37 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 37(1)(a) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 37 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Guidance E+W

38 Guidance. E+W

(1) A local authority [F287 , an elected mayor or an executive leader] must have regard to any guidance for the time being issued by the [F288 Welsh Ministers] for the purposes of this Part.

[F289 (1A) The guidance may, among other things, include provision designed to encourage good practice in relation to equality and diversity (within the meaning of section 8(2) of the Equality Act 2006).]

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

Textual Amendments

F287 Words in s. 38(1) inserted (4.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 59(2), 175(7); S.I. 2021/231, reg. 2(g)

F288 Words in s. 38(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 55; S.I. 2012/1008, art. 4(b)

F289 S. 38(1A) inserted (4.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 59(3), 175(7); S.I. 2021/231, reg. 2(g)

Commencement Information

I32 S. 38 wholly in force at 1.11.2000; s. 38 not in force at Royal Assent see s. 108; s. 38 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 38 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Elected mayors etc. E+W

39 Elected mayors etc. E+W

(1) In this Part “elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority’s area in accordance with the provisions made by or under this Part.

F290 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An elected mayor of a local authority F291 ... is to be entitled to the style of “mayor” or “maer”.

(4) In this Part “elected executive member” means an individual elected as a member of a local authority executive by the local government electors for the authority’s area in accordance with the provisions made by or under this Part, but does not include an elected mayor.

[F292 (5A) A reference in any enactment (whenever passed or made) to—

(a) a member of a local authority, or

(b) a councillor of a local authority,

does not include a reference to an elected mayor of the authority.

(5B) But subsection (5A) is subject to—

(a) regulations made by the [F293 Welsh Ministers] under this paragraph which provide that an elected mayor is to be treated as member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and

(b) any other contrary intention that appears in any enactment (whenever passed or made).

(5C) [F294 Section 21(1A) of the Local Government Act 1972 is] not to be taken to indicate any contrary intention for the purposes of subsection (5B)(b).]

[F295 (5D) A statutory instrument containing regulations made under subsection (5B)(a) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

F296 [F297 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The term of office of an elected mayor of a local authority is to be [F298 five] years.

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

Textual Amendments

F290 S. 39(2) repealed (9.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 56(2), Sch. 25 Pt. 4; S.I. 2012/628, art. 2(b)(c)(i)(i)

F291 Words in s. 39(3) repealed (9.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 56(3), Sch. 25 Pt. 4; S.I. 2012/628, art. 2(b)(c)(ii)(i)

F292 S. 39(5A)-(5C) substituted for s. 39(5) (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 66(2), 245(2)

F293 Words in s. 39(5B)(a) substituted (9.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 56(4); S.I. 2012/628, art. 2(b)(i)

F294 Words in s. 39(5C) substituted (9.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 56(5); S.I. 2012/628, art. 2(b)(i)

F295 S. 39(5D) inserted (9.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 56(6); S.I. 2012/628, art. 2(b)(i)

F296 S. 39(6) repealed (9.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 56(7), Sch. 25 Pt. 4; S.I. 2012/628, art. 2(b)(c)(iii)(i)

F297 S. 39(6)-(8) substituted for s. 39(6) (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 66(3), 245(2)

F298 Word in s. 39(7) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 16, 175(3)(d)

Commencement Information

I33 S. 39 wholly in force at 28.7.2001; s. 39 not in force at Royal Assent see s. 108; s. 39 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 39(1)(2)(4)-(6) in force at 26.10.2000 in relation to England except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(d); s. 39(1)(3)-(5) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 39 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

40 Election as elected mayor and councillor. E+W

(1) If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy shall arise in the office of councillor.

(2) If the person who is returned at an election (“the mayoral election”) as the elected mayor of a local authority—

(a) is a councillor of the authority, and

(b) was returned as such a councillor at an election held at an earlier time than the mayoral election,

a vacancy shall arise in the office of councillor.

(3) Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority.

(4) A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if he is a candidate in both such elections and he is returned both as the elected mayor and as a councillor.

41 Time of elections etc. E+W

The [F299 Welsh Ministers] may by regulations make provision—

(a) as to the dates on which and years in which elections for the return of elected mayors or elected executive members may or must take place,

(b) as to the intervals between elections for the return of elected mayors or elected executive members,

(c) as to the term of office of elected mayors or elected executive members, and

(d) as to the filling of vacancies in the office of elected mayor or elected executive member.

Textual Amendments

F299 Words in s. 41 substituted (9.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 57; S.I. 2012/628, art. 2(b)(i)

Commencement Information

I34 S. 41 wholly in force at 1.11.2000; s. 41 not in force at Royal Assent see s. 108; s. 41 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 41 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

42 Voting at elections of elected mayors. E+W

(1) Each person entitled to vote as an elector at an election for the return of an elected mayor is to have the following vote or votes—

(a) one vote (referred to in this Part as a first preference vote) which may be given for the voter’s first preference from among the candidates to be the elected mayor, and

(b) if there are three or more candidates to be the elected mayor, one vote (referred to in this Part as a second preference vote) which may be given for the voter’s second preference from among those candidates.

(2) The elected mayor is to be returned under the simple majority system, unless there are three or more candidates.

(3) If there are three or more candidates to be the elected mayor, the elected mayor is to be returned under the supplementary vote system in accordance with Schedule 2.

Modifications etc. (not altering text)

C154 S. 42(2) applied by SI 2002/185 Sch. 3 rule 48(1) (as substituted (13.3.2004) by The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/225), regs. 1, 2(7), Sch.)

43 Entitlement to vote. E+W

(1) The persons entitled to vote as electors at an election for the return of an elected mayor or elected executive member are those who on the day of the poll—

(a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and

(b) are registered in the register of local government electors at an address within the authority’s area.

(2) A person is not entitled as an elector to cast more than one first preference vote, or more than one second preference vote, at an election for the return of an elected mayor.

44 Power to make provision about elections. E+W

(1) The Secretary of State F300 ... may by regulations make provision as to—

(a) the conduct of elections for the return of elected mayors or elected executive members, and

(b) the questioning of elections for the return of elected mayors or elected executive members and the consequences of irregularities.

(2) The provision which may be made under subsection (1)(a) includes, in particular, provision—

(a) about the registration of electors,

(b) for disregarding alterations in a register of electors,

(c) about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses),

(d) for the combination of polls at elections for the return of elected mayors and other elections (including elections for the return of elected executive members), and

(e) for the combination of polls at elections for the return of elected executive members and other elections (including elections for the return of elected mayors).

(3) Regulations under this section may—

(a) apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,

(b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of elected mayors or elected executive members, and

(c) so far as may be necessary in consequence of any provision made by or under this Part or any regulations under this section, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.

[F301 (3A) Before making any regulations under this section, the Secretary of State F302 ... shall consult the Electoral Commission.

(3B) In addition, the power of the Secretary of State F303 ... to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) shall be exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State F303 ... considers that it is expedient to exercise that power in consequence of changes in the value of money.]

(4) No return of an elected mayor or elected executive member at an election is to be questioned except by an election petition under the provisions of Part III of the M16 Representation of the M17 People Act 1983 as applied by or incorporated in regulations under this section.

Textual Amendments

F300 Words in s. 44(1) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(c) (with art. 12)

F301 S. 44(3A)(3B) inserted (1.7.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 18(2) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (with Sch. 2 Pt. II para. 2)

F302 Words in s. 44(3A) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(c) (with art. 12)

F303 Words in s. 44(3B) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(c) (with art. 12)

Modifications etc. (not altering text)

C155 S. 44 functions made exercisable concurrently (18.8.2010) by The Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 3

C156 S. 44 functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 45, Sch. 1 para. 3

C157 S. 44(4) modified (coming into force in accordance with reg. 1(2) of the amending Regulations) by Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), regs. 1(2), 5 (as amended (6.4.2014) by The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/370), regs. 1(2), 4 (with reg. 1(2)))

Commencement Information

I35 S. 44 wholly in force at 28.7.2001; s. 44 not in force at Royal Assent see s. 108; s. 44 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 44 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 44 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M16 1983 c. 2.

M17 1983 c. 2.

F304 ... E+W

Textual Amendments

F304 S. 44A and cross-heading repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 58, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F304 44A Election of leader: whole-council elections E+W

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

Modifications etc. (not altering text)

C158 S. 44A saving for effect of 2011 c. 20, Sch. 3 para. 58 (4.5.2012) by The Localism Act 2011 (Local Authority Governance Transitional Provisions) (England) Order 2012 (S.I. 2012/1023), arts. 1(1), 2(2)

F305 44B Election of leader: partial-council elections E+W

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

Textual Amendments

F305 S. 44B repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 59, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

Modifications etc. (not altering text)

C159 S. 44B saving for effect of 2011 c. 20, Sch. 3 para. 59 (4.5.2012) by The Localism Act 2011 (Local Authority Governance Transitional Provisions) (England) Order 2012 (S.I. 2012/1023), arts. 1(1), 2(2)

F306 44C Removal of leader E+W

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

Textual Amendments

F306 S. 44C repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 60, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F307 44D Term of office of leader: whole-council elections E+W

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

Textual Amendments

F307 S. 44D repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 61, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

Modifications etc. (not altering text)

C160 S. 44D saving for effect of 2011 c. 20, Sch. 3 para. 61 (4.5.2012) by The Localism Act 2011 (Local Authority Governance Transitional Provisions) (England) Order 2012 (S.I. 2012/1023), arts. 1(1), 2(2)

F308 44E Term of office of leader: partial-council elections E+W

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

Textual Amendments

F308 S. 44E repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 62, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

Modifications etc. (not altering text)

C161 S. 44E saving for effect of 2011 c. 20, Sch. 3 para. 62 (4.5.2012) by The Localism Act 2011 (Local Authority Governance Transitional Provisions) (England) Order 2012 (S.I. 2012/1023), arts. 1(1), 2(2)

F309 44F Leader to continue to hold office as councillor E+W

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

Textual Amendments

F309 S. 44F repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 63, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F310 44G No other means of electing or removing leader E+W

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

Textual Amendments

F310 S. 44G repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 64, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F311 44H Regulations E+W

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

Textual Amendments

F311 S. 44H repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 65, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

Provisions with respect to referendums E+W

[F312 45 Provisions with respect to referendums. E+W

(1) A local [F313 authority] may not hold more than one referendum in any period of five years.

(2) If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals in accordance with any provision made by the regulations or order.

(3) If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals but must instead comply with any provision made by the regulations or order.

(4) The persons entitled to vote in a referendum held by a local authority are those who on the day of the referendum—

(a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority’s area, and

(b) are registered in the register of local government electors at an address within the authority’s area.

(5) The [F314 Welsh Ministers] may by regulations make provision as to the conduct of referendums.

(6) The [F315 Welsh Ministers] may by regulations make provision for the combination of polls at referendums with polls at any elections.

(7) Regulations under subsection (5) or (6) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.

(8) The provision which may be made under subsection (5) includes, in particular, provision—

(a) as to the question to be asked in a referendum,

(b) as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum),

(c) about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),

(d) as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,

(e) as to when, where and how voting in a referendum is to take place,

(f) as to how the votes cast in a referendum are to be counted, and

(g) for disregarding alterations in a register of electors.

F316 [(8A) Before making any regulations under this section, the [F317 Welsh Ministers] shall consult the Electoral Commission, but this subsection does not apply to—

(a) provisions which specify the wording of the question to be asked in a referendum, or

(b) provisions for matters mentioned in subsection (8)(c).

(8B) No regulations which specify the wording of the question to be asked in a referendum may be made under subsection (5) unless—

(a) before laying a draft of the regulations before [F318 the National Assembly for Wales], the [F319 Welsh Ministers] consulted the Electoral Commission as to the intelligibility of that question, and

(b) when so laying the draft, the [F320 Welsh Ministers] also laid before [F321 the National Assembly for Wales] a report stating any views as to the intelligibility of that question which were expressed by the Electoral Commission in response to that consultation.

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

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

(a) before laying a draft of the regulations before [F322 the National Assembly for Wales], the [F323 Welsh Ministers] sought, and had regard to, the views of the Electoral Commission as to the provision to be made by the regulations as to those matters, and

(b) where the draft regulations laid before [F324 the National Assembly for Wales ] made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the [F325 Welsh Ministers], when so laying the draft, also laid before [F326 the Assembly] a statement of [F327 their] reasons for departing from the views of the Commission.]

(9) In subsections (1), (4) to (6) and (8) [F328 to (8C)]“referendum” means a referendum held under section 27 F329 ... or by virtue of regulations or an order made under any provision of this Part [F330 or under section 40 of the Local Government (Wales) Measure 2011].]

Textual Amendments

F312 S. 45(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 69(2), 245(2) (with s. 69(4))

F313 Word in s. 45(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F314 Words in s. 45(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F315 Words in s. 45(6) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F316 S. 45(8A)-(8D) inserted (1.7.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 18(3) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (Sch. 2 Pt. II para. 2)

F317 Words in s. 45(8A) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F318 Words in s. 45(8B)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(4)(a)(i); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F319 Words in s. 45(8B)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(4)(a)(ii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F320 Words in s. 45(8B)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(4)(b)(i); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F321 Words in s. 45(8B)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(4)(b)(ii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F322 Words in s. 45(8D)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(a)(i); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F323 Words in s. 45(8D)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(a)(ii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F324 Words in s. 45(8D)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(b)(i); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F325 Words in s. 45(8D)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(b)(ii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F326 Words in s. 45(8D)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(b)(iii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F327 Word in s. 45(8D)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(b)(iv); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F328 Words in s. 45(9) inserted (1.7.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 18(4) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (Sch. 2 Pt. II para. 2)

F329 Words in s. 45(9) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(6), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

F330 Words in s. 45(9) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 54(4), 178(2)

Modifications etc. (not altering text)

C162 S. 45 functions made exercisable concurrently (18.8.2010) by The Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 3

C163 S. 45 applied (with modifications) (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), s. 178(2), Sch. 1 para. 4(3)

Commencement Information

I36 S. 45 wholly in force at 28.7.2001; s. 45 not in force at Royal Assent see s. 108; s. 45 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 45(5)-(9) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 45 in force at 19.2.2001 in relation to England only except in so far as not already in force by S.I. 2001/415, arts. 1(3), 2(a); s. 45 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Amendments to the 1972 Act E+W

46 Amendments to the 1972 Act. E+W

Schedule 3, which contains amendments to the M18 Local Government Act 1972, has effect.

Commencement Information

I37 S. 46 wholly in force at 28.7.2001; s. 46 not in force at Royal Assent see s. 108; s. 46 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); s. 46 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M18 1972 c. 70.

Power to make further provision E+W

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

(1) The [F331 Welsh Ministers] may by order make such incidental, consequential, transitional or supplemental provision as [F332 they consider] necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision made by or under this Part.

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

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

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

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

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

[F333 (4) The provision which may be made under subsection (1) includes provision relating to changes in local authority governance arrangements F334 ....

(5) That includes—

(a) provision relating to the old governance arrangements, the new governance arrangements, or both kinds of governance arrangements,

(b) provision as to the dates on which and years in which relevant elections may or must be held,

(c) provision as to the intervals between relevant elections, and

(d) provision as to the term of office of any member of any form of executive.

(6) In subsection (5) “relevant election” means—

(a) an election for the return of an elected mayor;

F335 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F331 Words in s. 47(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 67(2)(a); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F332 Words in s. 47(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 67(2)(b); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F333 S. 47(4)-(7) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 68(2), 245(2)

F334 Words in s. 47(4) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 67(3), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F335 S. 47(6)(b) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 67(4), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c)(ee)(i) (with arts. 6, 7, 9-11)

Commencement Information

I38 S. 47 wholly in force at 1.11.2000; s. 47 not in force at Royal Assent see s. 108; s. 47 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 47 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Interpretation E+W

48 Interpretation of Part II. E+W

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

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

• [F336 “council manager” has the meaning given by section 11(4)(b),]

• “elected executive member” has the meaning given by section 39(4),

• “elected mayor” has the meaning given by section 39(1),

• “electoral area” has the meaning given by section 203(1) of the M19 Representation of the People Act 1983,

• “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the M20 Interpretation Act 1978),

• “executive”, in relation to a local authority, is to be construed in accordance with section 11,

• “executive arrangements” has the meaning given by section 10,

• “executive leader” has the meaning given by [F337 section 11(3)(a)],

• “fall-back proposals” and “outline fall-back proposals” are to be construed in accordance with section 27(1) and (2),

• “first preference vote” has the meaning given by section 42(1)(a),

• “local authority” [F338 means a county council in Wales] or a county borough council,

• “local government elector” has the meaning given by section 270(1) of the M21 Local Government Act 1972,

• F339 ...

• “overview and scrutiny committee” has the meaning given by section 21(1),

• “the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the M22 Local Government and Housing Act 1989,

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

(1A) F340 ...

(2) Any reference in this Part to the chairman of a local authority—

(a) is a reference to that person whether or not he is entitled to another style, F341 ...

F342 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any reference in this Part to the vice-chairman of a local authority—

(a) is a reference to that person whether or not he is entitled to another style, F343 ...

F344 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.

(5) Section 101 of the M23 Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part.

(6) Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.

(7) Any directions given by the [F345 Welsh Ministers] under any provision of this Part—

(a) may be varied or revoked by subsequent directions given by [F346 them] under that provision, and

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

Textual Amendments

F336 Words in s. 48(1) repealed (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 34(5), 178(2), Sch. 4 Pt. B

F337 Words in s. 48(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 68(2)(a); S.I. 2012/1008, art. 4(b)

F338 Words in s. 48(1) substituted (9.3.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 68(2)(b); S.I. 2012/628, art. 2(b)(ii); S.I. 2012/1008, art. 4(b)

F339 Words in s. 48(1) repealed (9.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 68(2)(c), Sch. 25 Pt. 4; S.I. 2012/628, art. 2(b)(iii)

F340 S. 48(1A) repealed (9.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 68(3), Sch. 25 Pt. 4; S.I. 2012/628, art. 2(b)(iii)

F341 Word in s. 48(2) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(c)

F342 S. 48(2)(b) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 68(4), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F343 Word in s. 48(3) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(c)

F344 S. 48(3)(b) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 68(5), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F345 Words in s. 48(7) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 68(6)(a); S.I. 2012/1008, art. 4(b)

F346 Word in s. 48(7) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 68(6)(b); S.I. 2012/1008, art. 4(b)

Commencement Information

I39 S. 48 wholly in force at 1.11.2000; s. 48 not in force at Royal Assent see s. 108(4)-(6); s. 48 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 48 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Marginal Citations

M19 1983 c. 2.

M20 1978 c. 30.

M21 1972 c. 70.

M22 1989 c. 42.

M23 1972 c. 70.

F347 48A Functions of the Lord President of the Council E+W

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

Textual Amendments

F347 S. 48A omitted (22.6.2015) by virtue of The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), art. 1(2), Sch. 2 para. 8(4) (with art. 9)

Part III U.K. Conduct of local government members and employees

Modifications etc. (not altering text)

C164 Pt. III applied (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 14(1)

C165 Pt. III applied (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 14(1)

C166 Pt. III applied (24.3.2005) by New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 4 para. 9(3)

C167 Pt. III savings for effects of 2005 c. 10, s. 38 (1.4.2006) by The Public Services Ombudsman (Wales) Act 2005 (Transitional Provisions and Consequential Amendments) Order 2006 (S.I. 2006/362), arts. 1(1), 4

C168 Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)

C169 Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)

C170 Pt. III functions made exercisable (E.) by joint standards committees (15.6.2009) by The Standards Committee (Further Provisions) (England) Regulations 2009 (S.I. 2009/1255), regs. 1(1), 14

C171 Pt. III applied (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 4 para. 9(3)

C172 Pt. III continued (with modifications) (14.12.2011) by The Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011 (S.I. 2011/3019), art. 5

C173 Pt. III applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3

Chapter I E+W Conduct of members

Modifications etc. (not altering text)

C174 Pt. III Ch. I applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(c), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

Standards of conduct E+W

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

F348 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The National Assembly for Wales may by order specify the principles which are to govern the conduct of members and co-opted members of relevant authorities F349 ....

[F350 (2A) An order under subsection (1) must provide as respects each specified principle—

(a) that it applies to a person only when acting in an official capacity; or

(b) that it applies to a person only when not acting in an official capacity;

but the order may provide as mentioned in paragraph (b) only as respects a principle within subsection (2B).

(2B) A principle is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence.

F351 (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D) An order under subsection (2)—

(a) may specify principles which are to apply to a person at all times;

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

F352 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F352 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a) such representatives of relevant authorities F353 ... as it considers appropriate,

(b) the [F354 Auditor General for Wales],

(c) [F355 the Public Services Ombudsman for Wales], and

(d) such other persons (if any) as it considers appropriate.

(6) In this Part “relevant authority” means—

(a) a county council [F356 in Wales],

(b) a county borough council,

[F357 (ba) a corporate joint committee;]

F358 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F358 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F358 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) a community council,

F359 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F359 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F359 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F359 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F359 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F360 (l) a fire and rescue authority [F361 in Wales] constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,]

F362 (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F362 (n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F362 (na) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F362 (nb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F362 (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p) a National Park authority [F363 in Wales] established under section 63 of the M24 Environment Act 1995.

(7) In this Part “co-opted member”, in relation to a relevant authority, means a person who is not a member of the authority but who—

(a) is a member of any committee or sub-committee of the authority, or

(b) is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,

and who is entitled to vote on any question which falls to be decided at any meeting of that committee or sub-committee.

[F364 (8) In this Part, “corporate joint committee” means a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.]

Textual Amendments

F348 S. 49(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F349 Words in s. 49(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F350 S. 49(2A)-(2D) inserted (31.1.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 183(1), 245(5) (with s. 183(5)-(11), 201); S.I. 2008/172, art. 5(1)(a)

F351 S. 49(2C) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F352 S. 49(3)(4) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F353 Words in s. 49(5)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(5), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F354 Words in s. 49(5)(b) substituted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 53(1)(3); S.I. 2005/558, art. 2, Sch. 1

F355 Words in s. 49(5)(c) substituted (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 2(b); S.I. 2005/2800, arts. 4(1)(a)(2), 5(1)(3) (with art. 4(3))

F356 Words in s. 49(6)(a) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(a); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F357 S. 49(6)(ba) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(2)(a)

F358 S. 49(6)(c)-(e) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F359 S. 49(6)(g)-(k) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(c), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F360 S. 49(6)(I) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 94; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F361 Words in s. 49(6)(l) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(d); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F362 S. 49(6)(m)-(o) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(e), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F363 Words in s. 49(6)(p) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(f); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F364 S. 49(8) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(2)(b)

Modifications etc. (not altering text)

C175 S. 49 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 1(1), 14(3) (with reg. 1(2))

Commencement Information

I40 S. 49 wholly in force at 28.7.2001; s. 49 not in force at Royal Assent see s. 108; s. 49(2)(5)(6)(a)(b)(f)(l)(m)(p)(7) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 49 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 49 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M24 1995 c. 25.

50 Model code of conduct. E+W

F365 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The National Assembly for Wales may by order issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities F366 ... (also referred to in this Part as a model code of conduct).

(3) The power under subsection F367 ... (2) to issue a model code of conduct includes power to revise any such model code which has been issued.

(4) A model code of conduct—

(a) must be consistent with the principles for the time being specified in an order under section F368 ... 49(2) F369 ...,

(b) may include provisions which are mandatory, and

(c) may include provisions which are optional.

[F370 (4A) A model code of conduct issued under subsection (1) must provide, as respects each provision of the code which relates to the conduct expected of the persons mentioned in that subsection—

(a) that the provision applies to a person only when acting in an official capacity; or

(b) that it applies to a person only when not acting in an official capacity;

but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B).

(4B) A provision is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence.

F371 (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F371 (4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4E) A model code of conduct issued under subsection (2) may include—

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

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

(5) Before making an order under this section, F372 ... the National Assembly for Wales must carry out such consultation as is required, by virtue of section 49, before an order is made under that section.

F373 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F373 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F365 S. 50(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F366 Words in s. 50(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F367 Words in s. 50(3) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F368 Words in s. 50(4)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(5)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F369 Words in s. 50(4)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(5)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F370 S. 50(4A)-(4E) inserted (31.1.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 183(2), 245(5) (with s. 183(5)-(11), 201); S.I. 2008/172, art. 5(1)(b)

F371 S. 50(4C)(4D) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(6), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F372 Words in s. 50(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(7), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F373 S. 50(6)(7) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(8), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I41 S. 50 wholly in force at 28.7.2001; s. 50 not in force at Royal Assent see s. 108; s. 50(2)-(7) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 50 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 50 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

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

(1) It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which the first order under section 50 which applies to them is made, to pass a resolution adopting a code as regards the conduct which is expected of members and co-opted members of the authority (referred to in this Part as a code of conduct).

(2) It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which any subsequent order under section 50 which applies to them is made, to pass a resolution—

(a) adopting a code of conduct in place of their existing code of conduct under this section, or

(b) revising their existing code of conduct under this section.

(3) A relevant authority may by resolution—

(a) adopt a code of conduct in place of their existing code of conduct under this section, or

(b) revise their existing code of conduct under this section.

(4) A code of conduct or revised code of conduct—

(a) must incorporate any mandatory provisions of the model code of conduct which for the time being applies to that authority,

(b) may incorporate any optional provisions of that model code, and

(c) may include other provisions which are consistent with that model code.

[F374 (4A) Where under subsection (4)(c) a provision relating to the conduct expected of persons is included in the code of a relevant authority in England F375 ..., the code must provide—

(a) that the provision applies to a person only when acting in an official capacity (within the meaning given by the code); or

(b) that it applies to a person only when not acting in an official capacity (within that meaning);

but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B).

(4B) A provision of a code is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence within the meaning of the code.

(4C) The provisions which may be included under subsection (4)(c) F376 ... include—

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

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

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

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

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

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

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

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

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

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

(iii) specifies the address of that office, and

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

F377 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) F378 ... to the [F379 Public Services Ombudsman for Wales ].

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

[F380 (7A) But subsections (6)(a) and (b) and (7) do not apply in relation to a corporate joint committee.

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

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

(8) A relevant authority may publicise their adoption or revision of a code of conduct under this section in any other manner that they consider appropriate.

(9) A relevant authority’s function with respect to the passing of a resolution under this section may be discharged only by the authority (and accordingly, in the case of a relevant authority to which section 101 of the M25 Local Government Act 1972 [F381 or regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021] applies, is not to be a function to which [F382 that section or regulation, applies]).

Textual Amendments

F374 S. 51(4A)-(4C) inserted (31.1.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 183(3), 245(5) (with s. 183(5)-(11), 201); S.I. 2008/172, art. 5(1)(c)

F375 Words in s. 51(4A) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 259(2); S.I. 2012/2892, art. 2(i)

F376 Words in s. 51(4C) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 10(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F377 S. 51(6)(c)(i) repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 10(3)(a), Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(b) (with arts. 6, 8)

F378 Words in s. 51(6)(c)(ii) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 10(3)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F379 Words in s. 51(6)(c)(ii) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 3; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F380 S. 51(7A)-(7C) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(3)(a)

F381 Words in s. 51(9) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(3)(b)(i)

F382 Words in s. 51(9) substituted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(3)(b)(ii)

Modifications etc. (not altering text)

C176 S. 51 modified (24.3.2005) by New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 4 para. 10

C177 S. 51 applied (with modifications) (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 4 para. 10

Commencement Information

I42 S. 51 wholly in force at 28.7.2001; s. 51 not in force at Royal Assent see s. 108; s. 51 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 51 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M25 1972 c. 70.

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

(1) [F383 Subject to subsection (1A), a person] who is a member or co-opted member of a relevant authority at a time when the authority adopt a code of conduct under section 51 for the first time—

(a) must, before the end of the period of two months beginning with the date on which the code of conduct is adopted, give to the authority a written undertaking that [F384 in performing his functions] he will observe the authority’s code of conduct for the time being under section 51, and

(b) if he fails to do so, is to cease to be a member or co-opted member at the end of that period.

[F385 (1A) This section does not apply in the case of a member or co-opted member of a corporate joint committee (as to which see section 52ZA). ]

(2) The form of declaration of acceptance of office which may be prescribed by an order under section 83 of the M26 Local Government Act 1972 [F386 in relation to a relevant authority] may include an undertaking by the declarant that [F384 in performing his functions] he will observe the authority’s code of conduct for the time being under section 51.

(3) A person who becomes a member of a relevant authority to which section 83 of that Act does not apply at any time after the authority have adopted a code of conduct under section 51 for the first time may not act in that office unless he has given the authority a written undertaking that [F384 in performing his functions] he will observe the authority’s code of conduct for the time being under section 51.

(4) A person who becomes a co-opted member of a relevant authority at any time after the authority have adopted a code of conduct under section 51 for the first time may not act as such unless he has given the authority a written undertaking that [F384 in performing his functions] he will observe the authority’s code of conduct for the time being under section 51.

[F387 (5) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b)—

(a) the references in subsections (2) to (4) to the authority's code of conduct for the time being under section 51 include the mandatory provisions which for the time being apply to the members and co-opted members of the authority, and

(b) the references in subsections (3) and (4) to any time after the authority have adopted a code of conduct under section 51 for the first time are to be read as references to any time after the coming into force of section 184 of the Local Government and Public Involvement in Health Act 2007.]

Textual Amendments

F383 Words in s. 52(1) substituted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(4)(a)

F384 Words in s. 52(1)-(4) repealed (31.1.2008 for W.) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 183(4), 245(5), Sch. 18 Pt. 15 (with s. 183(5)-(11), 201); S.I. 2008/172, arts. 2(1)(u)(iii), 5(2)

F385 S. 52(1A) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(4)(b)

F386 Words in s. 52(2) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 11; S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F387 S. 52(5) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 184(2), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(i)

Commencement Information

I43 S. 52 wholly in force at 28.7.2001; s. 52 not in force at Royal Assent see s. 108; s. 52 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 52 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M26 1972 c. 70.

[F388 52A County and county borough councils: duties of leaders of political groups in relation to standards of conduct E+W

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

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

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

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

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

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

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

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

Textual Amendments

F388 S. 52A inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 62(2), 175(7); S.I. 2021/231, art. 6(l)

[F389 52ZA Duty to comply with code of conduct for corporate joint committees E+W

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

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

Textual Amendments

F389 S. 52ZA inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(5)

Standards committees E+W

53 Standards committees. E+W

(1) Subject to subsection (2), every relevant authority must establish a committee [F390 or, with one or more other relevant authorities, a joint committee] which is to have the functions conferred on it by or under this Part.

[F391 (1ZA) Subsections (1ZB) and (1ZC) apply for the purposes of subsection (1).

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

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

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

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

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

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

[F392 (1A) In this Part, a reference to a “standards committee” is a reference to a committee or a joint committee established under subsection (1) [F393 (read in accordance with subsections (1ZA) to (1ZC))].]

[F394 (1B) A relevant authority which is a corporate joint committee must establish its first standards committee within the period of 90 days which begins with the day after the day on which the first regulations under subsection (11) which apply to the corporate joint committee come into force.]

(2) Subsection (1) does not apply to a F395 ... community council.

F396 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F396 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F396 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F396 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F396 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F396 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F396 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F396 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) The [F397 Welsh Ministers] may by regulations make provision—

(a) as to the size and composition of standards committees of relevant authorities F398 ... (including provision with respect to the appointment to any such committee of persons who are not members of the relevant authority [F399 or authorities] concerned),

(b) as to the term of office of members of any such committees,

(c) as to the persons who may, may not or must chair any such committees,

(d) as to the entitlement to vote of members of any such committee who are not members of the relevant authority concerned,

[F400 (da) about establishing a standards committee which is a joint committee (including, in particular, provision about any restrictions on the number or types of relevant authority that may establish a joint committee),]

(e) for or in connection with treating any [F401 standards] committees as bodies to which section 15 of the M27 Local Government and Housing Act 1989 does not apply,

(f) with respect to the access of the public to meetings of such committees,

(g) with respect to the publicity to be given to meetings of such committees,

(h) with respect to the production of agendas for, or records of, meetings of such committees,

(i) with respect to the availability to the public or members of relevant authorities of agendas for, records of or information connected with meetings of any such committees,

(j) as to the proceedings and validity of proceedings of any such committees,

(k) for or in connection with requiring relevant authorities F402 ... to send to [F403 the Public Services Ombudsman for Wales] statements which set out the terms of reference of their standards committees.

(12) The provision which may be made by virtue of subsection F404 ... (11)(f) to (i) includes provision which

[F405 (a)] applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972;

[F406 (b) in relation to a standards committee which is established by a corporate joint committee and which is not a joint standards committee, disapplies or modifies any provision of regulations 16 to 21 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (meetings and proceedings; see also regulation 22 of those Regulations);

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

[F407 (13) A relevant authority which is considering establishing a joint committee must have regard to any guidance issued by the Welsh Ministers about establishing joint committees and the circumstances in which it is appropriate to do so.]

Textual Amendments

F390 Words in s. 53(1) substituted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 68(2)(a), 75(3); S.I. 2015/1182, art. 2(e)

F391 S. 53(1ZA)-(1ZC) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(6)(a)

F392 S. 53(1A) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 68(2)(b), 75(3); S.I. 2015/1182, art. 2(e)

F393 Words in s. 53(1A) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(6)(b)

F394 S. 53(1B) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(6)(c)

F395 Words in s. 53(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F396 S. 53(3)-(10) repealed (31.1.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(3), Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(c) (with arts. 6, 8); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F397 Words in s. 53(11) substituted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 68(2)(c)(i), 75(3); S.I. 2015/1182, art. 2(e)

F398 Words in s. 53(11)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(4)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F399 Words in s. 53(11)(a) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 68(2)(c)(ii), 75(3); S.I. 2015/1182, art. 2(e)

F400 S. 53(11)(da) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 68(2)(c)(iii), 75(3); S.I. 2015/1182, art. 2(e)

F401 Word in s. 53(11)(e) substituted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 68(2)(c)(iv), 75(3); S.I. 2015/1182, art. 2(e)

F402 Words in s. 53(11)(k) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(4)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F403 Words in s. 53(11)(k) substituted (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 4; S.I. 2005/2800, arts. 4(1)(a)(2), 5(1) (with art. 4(3))

F404 Words in s. 53(12) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(5), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F405 Words in s. 53(12) renumbered as s. 53(12)(a) (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(6)(d)(i)

F406 S. 53(12)(b)(c) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(6)(d)(ii)

F407 S. 53(13) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 68(2)(d), 75(3); S.I. 2015/1182, art. 2(e)

Commencement Information

I44 S. 53 wholly in force at 28.7.2001; s. 53 not in force at Royal Assent see s. 108; s. 53(11)(12) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 53 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 53 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M27 1989 c. 42.

54 Functions of standards committees. E+W

(1) The general functions of a standards committee of a relevant authority are—

(a) promoting and maintaining high standards of conduct by the members and co-opted members of the authority, and

(b) assisting members and co-opted members of the authority to observe the authority’s code of conduct.

(2) Without prejudice to its general functions, a standards committee of a relevant authority has the following specific functions—

(a) advising the authority on the adoption or revision of a code of conduct,

(b) monitoring the operation of the authority’s code of conduct, and

(c) advising, training or arranging to train members and co-opted members of the authority on matters relating to the authority’s code of conduct.

[F408 (2A) A standards committee of a county council or county borough council in Wales also has the specific functions of—

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

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

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

[F409 (3A) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), references in subsection (1)(b) and (2)(b) and (c) to the authority's code of conduct are to those mandatory provisions.]

F410 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The [F411 Welsh Ministers] may by regulations make provision with respect to the exercise of functions by standards committees of relevant authorities F412 ....

[F413 (5A) Regulations made under subsection (5) may modify any provision of this Part, or any other enactment relating to a standards committee or to any functions of a standards committee, in relation to cases where a function of a standards committee is exercisable by a joint committee.

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

F414 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F415 (7) A standards committee must, in exercising any of its functions, have regard to any relevant guidance issued by the Welsh Ministers.]

Textual Amendments

F408 S. 54(2A) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 62(3), 175(7); S.I. 2021/231, art. 6(l)

F409 S. 54(3A) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 184(3), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(i)

F410 S. 54(4) repealed (7.6.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 13(2), Sch. 25 Pt. 5; S.I. 2012/1463, arts. 2(h), 5(a)(d) (with arts. 6, 7); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F411 Words in s. 54(5) substituted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 68(3)(a), 75(3); S.I. 2015/1182, art. 2(e)

F412 Words in s. 54(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 13(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F413 S. 54(5A)(5B) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 68(3)(b), 75(3); S.I. 2015/1182, art. 2(e)

F414 S. 54(6) repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 13(4), Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(d) (with arts. 6, 8)

F415 S. 54(7) substituted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 68(3)(c), 75(3); S.I. 2015/1182, art. 2(e)

Commencement Information

I45 S. 54 wholly in force at 28.7.2001; s. 54 not in force at Royal Assent see s. 108; s. 54(5)(7) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 54 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 54 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F416 54A Sub-committees of standards committees E+W

(1) A standards committee of a relevant authority may appoint one or more sub-committees for the purpose of discharging any of the committee’s functions, whether or not to the exclusion of the committee.

[F417 (1A) Subsection (1) does not apply to a standards committee established by a corporate joint committee.]

(2) Subsection (1) does not apply to functions under section F418 ...56.

(3) A sub-committee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed F419 ....

F420 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority F421 ...—

(a) regulations under section 53(11) may make provision in relation to such sub-committees, and

(b) section 54(5) and (7) apply in relation to such sub-committees as they apply in relation to standards committees.

(6) Subject to F422 ... any provision made by regulations under section [F423 53(11)(a)] (as applied by this section)—

(a) the number of members of a sub-committee under subsection (1), and

(b) the term of office of those members,

are to be fixed by the standards committee by which the sub-committee is appointed.]

Textual Amendments

F416 S. 54A inserted (18.11.2003) by Local Government Act 2003 (c. 26), ss. 113(1), 128(2)(d)

F417 S. 54A(1A) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(7)

F418 Words in s. 54A(2) repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 188(1)(a), 245(5), Sch. 18 Pt. 15 (with s. 201); S.I. 2008/172, art. 2(1)(j)(u)(ii) (with art. 2(2))

F419 Words in s. 54A(3) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F420 S. 54A(4) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F421 Words in s. 54A(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F422 Words in s. 54A(6) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(5)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F423 Words in s. 54A(6) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(5)(b); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F425 55 Standards committees F424 ... for parish councils. E+W

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

Textual Amendments

F424 Words in s. 55 repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 188(2)(a), 245(5), Sch. 18 Pt. 15 (with s. 201); S.I. 2008/172, art. 2(1)(j)(u)(ii) (with art. 2(2))

F425 S. 55 repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 15, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

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

(1) A standards committee of a county council in Wales is to have the same functions in relation to—

(a) the community councils which are situated in the area of the county council, and

(b) the members of those community councils,

as the standards committee has under section 54(1) and (2) in relation to the county council and the members of the county council.

(2) A standards committee of a county borough council is to have the same functions in relation to—

(a) the community councils which are situated in the area of the county borough council, and

(b) the members of those community councils,

as the standards committee has under section 54(1) and (2) in relation to the county borough council and the members of the county borough council.

(3) A standards committee of a county council or county borough council may appoint a sub-committee for the purpose of discharging all of the functions conferred on the standards committee by this section.

(4) In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge the functions conferred by this section, a county council or county borough council must consult the community councils which are situated in their area.

(5) Regulations under section 53(11) may make provision in relation to sub-committees appointed under this section.

(6) Subsections (5) and (7) of section 54 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees.

(7) Any function which by virtue of the following provisions of this Part is exercisable by or in relation to the standards committee of a relevant authority which is a community council is to be exercisable by or in relation to—

(a) the standards committee of the county council or county borough council in whose area the community council is situated, or

(b) where that standards committee has appointed a sub-committee under this section, that sub-committee;

and any reference in the following provision of this Part to the standards committee of a relevant authority which is a community council is to be construed accordingly.

F426 56A Joint committees of relevant authorities in England E+W

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

Textual Amendments

F426 S. 56A repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 16, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

[F427 56B Annual reports by standards committees E+W

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

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

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

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

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

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

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

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

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

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

(7) The function of considering the report may be discharged only by the relevant authority (and accordingly is not a function to which section 101 of the Local Government Act 1972 [F428 or, in the case of a relevant authority which is a corporate joint committee, regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for discharge of functions)] applies).

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

Textual Amendments

F427 S. 56B inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 63(1), 175(7); S.I. 2021/231, art. 6(m)

F428 Words in s. 56B(7) inserted (6.5.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(3), 3(8)

Chapter II U.K. Investigations etc: England

Standards Board for England U.K.

F429 57 Standards Board for England. U.K.

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

Textual Amendments

F429 S. 57 repealed (31.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 17, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(e) (with arts. 6, 8); S.I. 2012/628, art. 6(h) (with arts. 9, 11, 14, 15, 17)

[F430 Written allegations] U.K.

Textual Amendments

F430 Ss. 57A-57D and 58 substituted for s. 58 (31.1.2008 for specified purposes, 8.5.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 185, 245(5) (with s. 201); S.I. 2008/172, art. 6; S.I. 2008/1265, art. 2(a) (with art. 3)

F431 57A Written allegations: right to make, and initial assessment U.K.

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

Textual Amendments

F431 S. 57A repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 18, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(f) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F432 57B Right to request review of decision not to act U.K.

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

Textual Amendments

F432 S. 57B repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 19, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(g) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F433 7C Information to be given to subject of allegation U.K.

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

Textual Amendments

F433 S. 57C repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 20, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(h) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F434 57D Power to suspend standards committee's functions U.K.

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

Textual Amendments

F434 S. 57D repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 21, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(i) (with arts. 6, 8)

F435 58 Allegations referred to Standards Board E+W

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

Textual Amendments

F435 S. 58 repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 22, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(i) (with arts. 6, 8)

Functions of ethical standards officers E+W

F436 59 Functions of ethical standards officers. E+W

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

Textual Amendments

F436 S. 59 repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 23, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(i) (with arts. 6, 8)

Investigations [F437 by ethical standards officers] E+W

Textual Amendments

F437 Words in s. 60 cross-heading inserted (1.4.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 191(2), 245(5) (with s. 201); S.I. 2008/172, art. 7(2)

F438 60 Conduct of investigations. E+W

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

Textual Amendments

F438 S. 60 repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 24, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(i) (with arts. 6, 8)

F439 61 Procedure in respect of investigations. E+W

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

Textual Amendments

F439 S. 61 repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 25, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(i) (with arts. 6, 8)

F440 62 Investigations: further provisions. E+W

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

Textual Amendments

F440 S. 62 repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 26, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(i) (with arts. 6, 8)

F441 63 Restrictions on disclosure of information. E+W

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

Textual Amendments

F441 S. 63 repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 27, Sch. 25 Pt. 5 (with Sch. 4 para. 60); S.I. 2012/57, art. 5(1)(a)(c)(2)(i) (with arts. 6, 8)

Reports etc. [F442 by ethical standards officers ] E+W

Textual Amendments

F442 Words in s. 64 cross-heading inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 192(1), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(m)

F443 64 Reports etc. E+W

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

Textual Amendments

F443 S. 64 repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 28, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(i) (with arts. 6, 8)

F444 65 Interim reports. E+W

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

Textual Amendments

F444 S. 65 repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 29, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(i) (with arts. 6, 8)

F445 65A Disclosure by monitoring officers of ethical standards officers' reports E+W

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

Textual Amendments

F445 S. 65A repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 30, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(i) (with arts. 6, 8)

References to monitoring officers E+W

F446 66 Matters referred to monitoring officers. E+W

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

Textual Amendments

F446 S. 66 repealed (7.6.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 31, Sch. 25 Pt. 5; S.I. 2012/1463, arts. 2(h), 5(a)(d) (with arts. 6, 7); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F448 66A References to [F447 First-tier Tribunal] for action in respect of misconduct E+W

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

Textual Amendments

F447 Words in s. 66A heading substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 55(a) (with Sch. 5)

F448 S. 66A repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 32, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

[F449 Information to be provided to Standards Board by relevant authority] U.K.

Textual Amendments

F449 Ss. 66B, 66C and cross-heading inserted (8.5.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 186, 245(5) (with s. 201); S.I. 2008/1265, art. 2(b) (with art. 3)

F450 66B Periodic returns U.K.

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

Textual Amendments

F450 S. 66B repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 33, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(j) (with arts. 6, 8)

F451 66C Information requests U.K.

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

Textual Amendments

F451 S. 66C repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 34, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(j) (with arts. 6, 8)

[F452 Consultation with ombudsmen] U.K.

Textual Amendments

F452 S. 67 cross-heading inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 196(1), 245(5) (with s. 201); S.I. 2008/172, art. 4(j)

F454 67 Consultation with [F453 ombudsmen ]. E+W

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

Textual Amendments

F453 Word in s. 67 heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 7; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F454 S. 67 repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 35, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(k) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Modifications etc. (not altering text)

C178 S. 67 modified (temp.) (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 11; S.I. 2014/2718, art. 2(b)

Chapter III E+W Investigations etc: Wales

[F455 Public Services Ombudsman for Wales] E+W

Textual Amendments

F455 Pt. III Ch. III cross-heading preceding s. 68 substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 9; S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)

68 [F456 Public Services Ombudsman for Wales .] E+W

(1) [F457 The Public Services Ombudsman for Wales] is to have the functions conferred on him by this Part and such other functions as may be conferred on him by order made by the National Assembly for Wales under this subsection.

(2) [F458 The Public Services Ombudsman for Wales]—

(a) may issue guidance to relevant authorities F459 ... on matters relating to the conduct of members and co-opted members of [F460 those] authorities,

(b) may issue guidance to relevant authorities F461 ... in relation to the qualifications or experience which monitoring officers should possess, and

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

[F462 (3) The National Assembly for Wales may by regulations make provision which, for the purpose of any provisions of [F463 the Public Services Ombudsman (Wales) Act 2019] specified in the regulations, treats—

(a) functions of the Public Services Ombudsman for Wales under that Act as including his functions under this Part, or

(b) expenses of the Public Services Ombudsman for Wales under that Act as including his expenses under this Part.]

(4) The provision which may be made by virtue of subsection (3) includes provision which modifies, or applies or reproduces (with or without modifications), any provisions of F464 ...that Act.

F465 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F456 S. 68 heading: word substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 10; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F457 Words in s. 68(1) substituted (12.10.2005 for specified purposes) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 11(a); S.I. 2005/2800, art. 4(1)(b)(2) (with art. 4(3))

F458 Words in s. 68(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 11(b); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F459 Words in s. 68(2)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 36(a)(i), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F460 Word in s. 68(2)(a) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 36(a)(ii); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F461 Words in s. 68(2)(b) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 36(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F462 S. 68(3) substituted (12.10.2005 for specified purposes) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 11(c); S.I. 2005/2800, art. 4(1)(b)(2) (with art. 4(3))

F463 Words in s. 68(3) substituted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 19; S.I. 2019/1096, reg. 2

F464 Words in s. 68(4) repealed (12.10.2005 for specified purposes) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 11(d), Sch. 7; S.I. 2005/2800, art. 4(1)(b)(2) (with art. 4(3))

F465 S. 68(5) repealed (12.10.2005 for specified purposes) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 11(e), Sch. 7; S.I. 2005/2800, art. 4(1)(b)(2) (with art. 4(3))

Commencement Information

I46 S. 68 wholly in force at 28.7.2001; s. 68 not in force at Royal Assent see s. 108; s. 68(3)-(5) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 68 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Investigations E+W

69 [F466 Investigations by the Public Services Ombudsman for Wales.] E+W

(1) [F467 The Public Services Ombudsman for Wales] may investigate—

(a) cases in which a written allegation is made to him by any person that a member or co-opted member (or former member or co-opted member) of a relevant authority F468 ... has failed, or may have failed, to comply with the authority’s code of conduct, and

(b) other cases in which he considers that a member or co-opted member (or former member or co-opted member) of a relevant authority F468 ... has failed, or may have failed, to comply with the authority’s code of conduct and which have come to his attention as a result of an investigation under paragraph (a).

(2) If [F469 the Public Services Ombudsman for Wales] considers that a written allegation under subsection (1)(a) should not be investigated, he must take reasonable steps to give written notification to the person who made the allegation of the decision and the reasons for the decision.

(3) The purpose of an investigation under this section is to determine which of the findings mentioned in subsection (4) is appropriate.

(4) Those findings are—

(a) that there is no evidence of any failure to comply with the code of conduct of the relevant authority concerned,

(b) that no action needs to be taken in respect of the matters which are the subject of the investigation,

(c) that the matters which are the subject of the investigation should be referred to the monitoring officer of the relevant authority concerned, or

(d) that the matters which are the subject of the investigation should be referred to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(1).

(5) Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F470 ..., the reference in subsection (4)(c) to the monitoring officer of the relevant authority concerned is to be treated as a reference either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority (and accordingly [F471 if the Public Services Ombudsman for Wales reaches a finding under subsection (4)(c) he] must decide to which of those monitoring officers to refer the matters concerned).

[F472 (6) Sections 69A to 69E apply in relation to the exercise of the functions of the Public Services Ombudsman for Wales under this section.]

Textual Amendments

F466 Pt. III Ch. III(crossheading)(investigations) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 12; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F467 Words in s. 69(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 13(a); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F468 Words in s. 69(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 37(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F469 Words in s. 69(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 13(b); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F470 Words in s. 69(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 37(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F471 Words in s. 69(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 13(c); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F472 S. 69(6) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 2; S.I. 2022/98, art. 2(b) (with art. 3)

[F473 69A Possible conflict of interest in an investigation E+W

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

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

(b) any investigation of the case.

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

(a) a member,

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

(c) an officer,

of the relevant authority concerned.

(3) The date is—

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

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

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

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

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

Textual Amendments

F473 Ss. 69A-69F inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 3; S.I. 2022/98, art. 2(b) (with art. 3)

69B Investigation procedure E+W

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

(2) An investigation must be conducted in private.

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

(4) The Ombudsman may, among other things—

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

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

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

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

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

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

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

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

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

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

Textual Amendments

F473 Ss. 69A-69F inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 3; S.I. 2022/98, art. 2(b) (with art. 3)

69C Information, documents, evidence and facilities E+W

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

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

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

(b) the production of documents.

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

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

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

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

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

Textual Amendments

F473 Ss. 69A-69F inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 3; S.I. 2022/98, art. 2(b) (with art. 3)

69D Obstruction and contempt E+W

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

(2) The condition is that the person—

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

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

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

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

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

Textual Amendments

F473 Ss. 69A-69F inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 3; S.I. 2022/98, art. 2(b) (with art. 3)

69E Disclosure of information E+W

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

(a) the Ombudsman;

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

(c) a person assisting the Ombudsman.

(2) The information may be disclosed only—

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

(i) Chapter 3 or 4 of this Part;

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

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

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

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

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

Textual Amendments

F473 Ss. 69A-69F inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 3; S.I. 2022/98, art. 2(b) (with art. 3)

69F Power of the Welsh Ministers to amend this Chapter E+W

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

Textual Amendments

F473 Ss. 69A-69F inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 3; S.I. 2022/98, art. 2(b) (with art. 3)

70 [F474 Ceasing investigations etc.] E+W

F475 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F476 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F477 The Public Services Ombudsman for Wales] may cease an investigation under section 69 at any stage before its completion.

(4) Where [F478 the Public Services Ombudsman for Wales ] ceases an investigation under section 69 before its completion, he may refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned.

(5) Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F479 ..., [F478 the Public Services Ombudsman for Wales ] may, if he thinks it more appropriate than making such a reference as is mentioned in subsection (4), refer the matters which are the subject of the investigation to the monitoring officer of that other relevant authority.

Textual Amendments

F474 S. 70 heading heading substituted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 4(b); S.I. 2022/98, art. 2(b) (with art. 3)

F475 S. 70(1) omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 4(a); S.I. 2022/98, art. 2(b) (with art. 3)

F476 S. 70(2) omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 4(a); S.I. 2022/98, art. 2(b) (with art. 3)

F477 Words in s. 70(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 14(b); S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)

F478 Words in s. 70(4)(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 14(c); S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F479 Words in s. 70(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 38(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Modifications etc. (not altering text)

C179 S. 70(2) modified (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 201(3), 245(5) (with s. 201); S.I. 2008/172, art. 4(l)

Commencement Information

I47 S. 70 wholly in force at 28.7.2001; s. 70 not in force at Royal Assent see s. 108; s. 70(1)(2) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 70 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Reports etc. E+W

71 Reports etc. E+W

(1) Where [F480 the Public Services Ombudsman for Wales] determines in relation to any case that a finding under section 69(4)(a) or (b) is appropriate—

(a) he may produce a report on the outcome of his investigation,

(b) he may provide a summary of any such report to any newspapers circulating in the area of the relevant authority concerned,

(c) he must send to the monitoring officer of the relevant authority concerned a copy of any such report, F481 ...

[F482 (ca) where the relevant authority concerned is a corporate joint committee, in the case of a member or co-opted member of the corporate joint committee who is also a member or co-opted member of—

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

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

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

(d) where he does not produce any such report, he must inform the monitoring officer of the relevant authority concerned of the outcome of the investigation[F483 , and

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

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

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

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

(2) Where [F480 the Public Services Ombudsman for Wales] determines in relation to any case that a finding under section 69(4)(c) is appropriate he must—

(a) produce a report on the outcome of his investigation,

(b) subject to subsection (4)(b), refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned, and

(c) send a copy of the report to the monitoring officer, and the standards committee, of the relevant authority concerned.

[F484 (2A) Where the Ombudsman determines in the case of a member or co-opted member of a corporate joint committee who is also a member or co-opted member of—

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

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

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

(3) Where [F480 the Public Services Ombudsman for Wales] determines in relation to any case that a finding under section 69(4)(d) is appropriate he must—

(a) produce a report on the outcome of his investigation,

(b) refer the matters which are the subject of the investigation to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(1), and

(c) send a copy of the report to the monitoring officer of the relevant authority concerned and to the president of the Adjudication Panel for Wales.

[F485 (3A) Where the Ombudsman determines in the case of a member or co-opted member of a corporate joint committee who is also a member or co-opted member of—

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

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

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

(4) Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F486 ...—

(a) the references in subsections (1)(b), (c) and (d), (2)(c) and (3)(c) to the relevant authority concerned are to be treated as including references to that other relevant authority, and

(b) [F487 if the Public Services Ombudsman for Wales reaches a finding under section 69(4)(c) he] must refer the matters concerned either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority.

(5) A report under this section may cover more than one investigation under section 69 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.

(6) [F488 The Public Services Ombudsman for Wales] must—

(a) inform any person who is the subject of an investigation under section 69, and

(b) take reasonable steps to inform any person who made any allegation which gave rise to the investigation,

of the outcome of the investigation.

[F489 (7) In this Part a reference to a constituent council of a corporate joint committee means a constituent council as set out in the regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee.]

Textual Amendments

F480 Words in s. 71(1)-(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 15(a); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F481 Word in s. 71(1) omitted (25.3.2022) by virtue of The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(9)(a)(i)

F482 S. 71(1)(ca) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(9)(a)(ii)

F483 S. 71(1)(da) and preceding word inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(9)(a)(iii)

F484 S. 71(2A) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(9)(b)

F485 S. 71(3A) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(9)(c)

F486 Words in s. 71(4) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 39, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F487 Words in s. 71(4)(b) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 15(b); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F488 Words in s. 71(6) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 15(c); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F489 S. 71(7) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(9)(d)

72 Interim reports. E+W

(1) Where he considers it necessary in the public interest, [F490 the Public Services Ombudsman for Wales] may, before the completion of an investigation under section 69, produce an interim report on that investigation.

(2) An interim report under this section may cover more than one investigation under section 69 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.

(3) Where the prima facie evidence is such that it appears to [F490 the Public Services Ombudsman for Wales]—

(a) that the person who is the subject of the interim report has failed to comply with the code of conduct of the relevant authority concerned,

(b) that the nature of that failure is such as to be likely to lead to disqualification under section 79(4)(b), and

(c) that it is in the public interest to suspend or partially suspend that person immediately,

the interim report may include a recommendation that that person should be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.

(4) Where [F490 the Public Services Ombudsman for Wales] produces an interim report under this section which contains such a recommendation as is mentioned in subsection (3), he must refer the matters which are the subject of the report to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(2).

(5) A copy of any report under this section must be given—

(a) to any person who is the subject of the report,

(b) to the monitoring officer of the relevant authority concerned,

[F491 (ba) where the relevant authority concerned is a corporate joint committee, in the case of a member or co-opted member of the corporate joint committee who is also a member or co-opted member of—

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

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

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

(c) to the president of the Adjudication Panel for Wales.

(6) Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F492 ...—

(a) the second reference in subsection (3) to the relevant authority concerned is to be treated as a reference to that other relevant authority, and

(b) the reference in subsection (5)(b) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.

Textual Amendments

F490 Words in s. 72(1)(3)(4) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 16; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F491 S. 72(5)(ba) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(10)

F492 Words in s. 72(6) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 40, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

References to monitoring officers E+W

73 Matters referred to monitoring officers. E+W

(1) The National Assembly for Wales may by regulations make provision in relation to the way in which any matters referred to the monitoring officer of a relevant authority under section [F493 70(4) or (5) or 71(2) or (4)] are to be dealt with.

(2) The provision which may be made by regulations under subsection (1) includes provision for or in connection with—

(a) enabling a monitoring officer of a relevant authority to conduct an investigation in respect of any matters referred to him,

(b) enabling a monitoring officer of a relevant authority to make a report, or recommendations, to the standards committee of the authority[F494 , or to the standards committee of another relevant authority,] in respect of any matters referred to him,

[F495 (ba) enabling a standards committee of a relevant authority to refer a report or recommendations made by its monitoring officer to the standards committee of another relevant authority,]

[F496 (c) enabling a standards committee of a relevant authority to consider any report or recommendations made or, as the case may be, referred to it by—

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

(ii) the standards committee of another relevant authority.

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

(d) enabling a standards committee of a relevant authority, following its consideration of any such report or recommendations, to take any action prescribed by the regulations (including action against any member or co-opted member (or former member or co-opted member) of [F497 a relevant authority] who is the subject of any such report or recommendation),

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

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

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

(b) conferring rights (including the right to make representations) on any member or co-opted member (or former member or co-opted member) of a relevant authority who is the subject of any such investigation.

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

(a) enabling a standards committee of a relevant authority to censure a member or co-opted member (or former member or co-opted member)F498 ...,

(b) enabling a standards committee of a relevant authority to suspend or partially suspend a person from being a member or co-opted member of the authority [F499 of which they are a member] for a limited period,

(c) conferring a right of appeal on a member or co-opted member (or former member or co-opted member) of a relevant authority in respect of any action taken against him.

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

F500 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where [F501 the Public Services Ombudsman for Wales] refers any matters to the monitoring officer of a relevant authority under section [F502 70(4) or (5) or 71(2) or (4) ] he may give directions to the monitoring officer as to the way in which those matters are to be dealt with.

Textual Amendments

F493 Words in s. 73(1) substituted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 194(8), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(o)

F494 Words in s. 73(2)(b) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 69(2)(a)(i), 75(3); S.I. 2015/1182, art. 2(f)

F495 S. 73(2)(ba) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 69(2)(a)(ii), 75(3); S.I. 2015/1182, art. 2(f)

F496 S. 73(2)(c)(ca) substituted for s. 73(2)(c) (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 69(2)(b), 75(3); S.I. 2015/1182, art. 2(f)

F497 Words in s. 73(2)(d) substituted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 69(2)(c), 75(3); S.I. 2015/1182, art. 2(f)

F498 Words in s. 73(4)(a) omitted (1.5.2015) by virtue of Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 69(2)(d)(i), 75(3); S.I. 2015/1182, art. 2(f)

F499 Words in s. 73(4)(b) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 69(2)(d)(ii), 75(3); S.I. 2015/1182, art. 2(f)

F500 S. 73(6) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 41, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F501 Words in s. 73(7) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 17; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F502 Words in s. 73(7) substituted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 194(8), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(o)

Commencement Information

I48 S. 73 wholly in force at 28.7.2001; s. 73 not in force at Royal Assent see s. 108; s. 73 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 73 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F503 Law of defamation E+W

Textual Amendments

F503 S. 74 and cross-heading substituted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 5; S.I. 2022/98, art. 2(b) (with art. 3)

74 Law of defamation: absolute privilege E+W

For the purposes of the law of defamation a publication of a matter is absolutely privileged if—

(a) the publication is made in the exercise of the functions of the Ombudsman under Chapters 3 and 4 of this Part;

(b) the publication—

(i) is made in communications with the Ombudsman or a person exercising a function of the Ombudsman, and

(ii) is made for the purposes of, or in connection with, the Ombudsman's functions under Chapters 3 and 4 of this Part.]

Chapter IV E+W Adjudications

[F504 The Adjudication Panel for Wales] E+W

Textual Amendments

F504 S. 75 cross-heading substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 56 (with Sch. 5)

75 [F505 Adjudication Panel for Wales]. E+W

F506 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) There is to be a panel of persons, known as the Adjudication Panel for Wales or Panel Dyfarnu Cymru, eligible for membership of tribunals drawn from the Panel.

F507 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F507 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The members of the Adjudication Panel for Wales are to be appointed by the National Assembly for Wales on such terms and conditions as it may determine.

(6) The National Assembly for Wales—

(a) must appoint one of the members of the Adjudication Panel for Wales as president of the Panel, and

(b) may appoint one of those members as deputy president of the Panel.

F508 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Such members of the Adjudication Panel for Wales as the National Assembly for Wales thinks fit must possess such qualifications as may be determined by the National Assembly for Wales.

F509 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The president and deputy president (if any) of the Adjudication Panel for Wales are to be responsible—

(a) for training the members of the Panel,

(b) for issuing guidance on how tribunals drawn from the Panel are to reach decisions.

F510 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F511 (12) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Adjudication Panel for Wales may, at the request of the president or the deputy president (if any) and with the approval of the President of Welsh Tribunals, act as a member of a tribunal drawn from the Panel.]

Textual Amendments

F505 S. 75 heading substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 57(a) (with Sch. 5)

F506 S. 75(1) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 57(b) (with Sch. 5)

F507 S. 75(3)(4) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 57(b) (with Sch. 5)

F508 S. 75(7) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 57(b) (with Sch. 5)

F509 S. 75(9) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 57(b) (with Sch. 5)

F510 S. 75(11) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 57(b) (with Sch. 5)

F511 S. 75(12) inserted (12.12.2017 being the day on which S.I. 2017/1282 comes into force) by Wales Act 2017 (c. 4), ss. 62(5), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2)

Commencement Information

I49 S. 75 wholly in force at 28.7.2001; s. 75 not in force at Royal Assent see s. 108; s. 75(2)(5)(6)(8) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 75 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 75 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Case tribunals and interim case tribunals E+W

76 Case tribunals and interim case tribunals. E+W

(1) Adjudications in respect of matters referred to the president of the [F512 Adjudication Panel for Wales] under section F513 ... 71(3) are to be conducted by tribunals (referred to in this Part as case tribunals) consisting of not less than three members of the Panel.

(2) Adjudications in respect of matters referred to the president of the [F514 Adjudication Panel for Wales] under section F515 ... 72(4) are to be conducted by tribunals (referred to in this Part as interim case tribunals) consisting of not less than three members of the Panel.

(3) The president of the [F516 Adjudication Panel for Wales] (or in his absence the deputy president) is to appoint the members of any case tribunal or interim case tribunal.

(4) A case tribunal drawn from the [F517 Adjudication Panel for Wales] may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section F518 ... 71(3).

(5) An interim case tribunal drawn from the [F519 Adjudication Panel for Wales] may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section F520 ...72(4).

(6) The president or the deputy president of the [F521 Adjudication Panel for Wales] may be a member of a case tribunal or interim case tribunal drawn from the Panel.

(7) A member of the [F522 Adjudication Panel for Wales] may not at any time be a member of a case tribunal or interim case tribunal drawn from the Panel which is to adjudicate on a matter relating to a member or co-opted member (or former member or co-opted member) of a relevant authority if, within the period of five years ending with that time, the member of the Panel has been a member or an officer of the authority or a member of any committee, sub-committee, joint committee or joint sub-committee of the authority.

(8) A member of the [F523 Adjudication Panel for Wales] who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an adjudication conducted by a case tribunal or interim case tribunal—

(a) must disclose the nature of his interest to the president or deputy president of that Panel, and

(b) may not be a member of a case tribunal or interim case tribunal which conducts an adjudication in relation to that matter.

(9) Where there is no deputy president of the [F524 Adjudication Panel for Wales], the reference in subsections (3) and (8) to the deputy president is to be treated as a reference to such member of the Panel as F525 ...the National Assembly for Wales may specify.

F526 (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) A person who is a member of an interim case tribunal which, as a result of an investigation under section F527 ... 69, conducts an adjudication in relation to any person may not be a member of a case tribunal which, on the conclusion of that investigation, subsequently conducts an adjudication in relation to that person.

F528 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F529 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) The National Assembly for Wales may issue guidance with respect to the composition of case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales.

(14) The National Assembly for Wales may incur expenditure for the purpose of providing administrative support to the Adjudication Panel for Wales.

F530 (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F512 Words in s. 76(1) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(a)(i) (with Sch. 5)

F513 Words in s. 76(1) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(a)(ii) (with Sch. 5)

F514 Words in s. 76(2) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(b)(i) (with Sch. 5)

F515 Words in s. 76(2) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(b)(ii) (with Sch. 5)

F516 Words in s. 76(3) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(c) (with Sch. 5)

F517 Words in s. 76(4) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(d)(i) (with Sch. 5)

F518 Words in s. 76(4) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(d)(ii) (with Sch. 5)

F519 Words in s. 76(5) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(e)(i) (with Sch. 5)

F520 Words in s. 76(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. 58(e)(ii) (with Sch. 5)

F521 Words in s. 76(6) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(f) (with Sch. 5)

F522 Words in s. 76(7) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(f) (with Sch. 5)

F523 Words in s. 76(8) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(f) (with Sch. 5)

F524 Words in s. 76(9) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(g)(i) (with Sch. 5)

F525 Words in s. 76(9) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(g)(ii) (with Sch. 5)

F526 S. 76(9A) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(h) (with Sch. 5)

F527 Words in s. 76(10) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(i) (with Sch. 5)

F528 S. 76(11) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(j) (with Sch. 5)

F529 S. 76(12) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(j) (with Sch. 5)

F530 S. 76(15) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(j) (with Sch. 5)

Commencement Information

I50 S. 76 wholly in force at 28.7.2001; s. 76 not in force at Royal Assent see s. 108; s. 76(13) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 76 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 76 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Adjudications E+W

77 Adjudications. E+W

(1) A person who is the subject of an adjudication conducted by a case tribunal or interim case tribunal may appear before the tribunal in person or be represented by—

(a) counsel or a solicitor, or

(b) any other person whom he desires to represent him.

F531 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F531 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The National Assembly for Wales may by regulations make such provision as appears to it to be necessary or expedient with respect to adjudications by case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales.

F532 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Regulations under this section may, in particular, include provision—

(a) for requiring persons to attend adjudications to give evidence and produce documents and for authorising the administration of oaths to witnesses,

(b) for requiring persons to furnish further particulars,

(c) for prescribing the procedure to be followed in adjudications, including provision as to the persons entitled to appear and to be heard on behalf of persons giving evidence,

(d) for the award of costs or expenses (including provision with respect to interest and provision with respect to the enforcement of any such award),

(e) for taxing or otherwise settling any such costs or expenses (and for enabling such costs to be taxed in [F533 the county court]),

(f) for the registration and proof of decisions and awards of tribunals.

(7) A person who without reasonable excuse fails to comply with any requirement imposed by virtue of subsection (6)(a) or (b) F534 ... is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) In this section any reference to documents includes a reference to information held by means of a computer or in any other electronic form.

Textual Amendments

F531 S. 77(2)(3) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 59(a) (with Sch. 5)

F532 S. 77(5) omitted (12.12.2017 being the day on which S.I. 2017/1282 comes into force) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 58 (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2)

F533 Words in s. 77(6)(e) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F534 Words in s. 77(7) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 42, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I51 S. 77 wholly in force at 28.7.2001; s. 77 not in force at Royal Assent see s. 108; s. 77(4)(6) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 77 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 77 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

78 Decisions of F535 ... interim case tribunals. E+W

(1) [F536 In adjudicating on any of the matters which are the subject of an interim report, F537 ... an interim case tribunal] must reach one of the following decisions—

(a) that the person to whom the recommendation mentioned in section F538 ... 72(3) relates should not be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned,

(b) that that person should be suspended or partially suspended from being a member or co-opted member of the [F539 relevant authority concerned] for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.

[F540 (2) If the decision of [F541 the interim case tribunal] is as mentioned in subsection (1)(a), the tribunal must give notice of its decision to the standards committee of the relevant authority concerned.

(3) If the decision of [F542 the interim case tribunal] is as mentioned in subsection (1)(b), the tribunal must give notice to the standards committee of the relevant authority concerned stating that the person concerned is suspended or partially suspended for the period, and in the way, that the tribunal has decided.

(3A) The effect of a notice given under subsection (3) is to suspend or partially suspend the person concerned as mentioned in subsection (3).]

F543 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A decision of an interim case tribunal under this section shall not prevent [F544 the Public Services Ombudsman for Wales] from continuing with the investigation under section 69 which gave rise to the interim report concerned and producing a report under section 71, or a further interim report under section 72, in respect of any matters which are the subject of the investigation.

(6) The suspension or partial suspension of any person under this section shall not extend beyond the day on which a notice [F545 is given by virtue of section F546 ... 79] to the standards committee of the relevant authority concerned with respect to that person.

(7) A copy of any notice under this section must be given—

(a) to any person who is the subject of the notice, F547 ...

(b) to the monitoring officer of the relevant authority concerned[F548 , and

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

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

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

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

[F549 (8) Where the person concerned is no longer a member or co-opted member of the relevant authority concerned, but is a member or co-opted member of another relevant authority—

(a) the references in subsection (1) to the relevant authority concerned are to be treated as references to that other authority,

(b) the references in subsections (2) and (7)(b) to the relevant authority concerned are to be treated as including a reference to that other relevant authority,

(c) the duty under subsection (3) to give notice to the standards committee of the relevant authority concerned is to be treated as a duty—

(i) to give that notice to the standards committee of that other relevant authority, and

(ii) to give a copy of that notice to the standards committee of the relevant authority concerned.

(8A) Subsection (8) does not apply unless—

F550 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F551 ... the other relevant authority is also in Wales.]

(9) F552 ... an interim case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the investigation under section F553 ... 69 of its decision under this section.

F554 (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F554 (9B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F554 (9C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F554 (9D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) [F555 Where a person is suspended or partially suspended under this section by a decision of an interim case tribunal, the person] may appeal to the High Court—

(a) against the suspension or partial suspension, or

(b) against the length of the suspension or partial suspension.

[F556 (11) An appeal may not be brought under subsection (10) except with the leave of the High Court.]

Textual Amendments

F535 Words in s. 78 heading repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F536 Words in s. 78(1) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 60(b) (with Sch. 5)

F537 Words in s. 78(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(3)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F538 Words in s. 78(1)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(3)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F539 Words in s. 78(1)(b) substituted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 197(2), 245(5) (with s. 201); S.I. 2008/3110, art. 2(d)

F540 S. 78(2)-(3A) substituted for s. 78(2)(3) (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 197(3), 245(5) (with s. 201); S.I. 2008/3110, art. 2(d)

F541 Words in s. 78(2) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(4); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F542 Words in s. 78(3) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(5); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F543 S. 78(4) repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(6), Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(l) (with arts. 6, 8)

F544 Words in s. 78(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 19; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F545 Words in s. 78(6) substituted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 197(4), 245(5) (with s. 201); S.I. 2008/3110, art. 2(d)

F546 Words in s. 78(6) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(7), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F547 Word in s. 78(7) omitted (25.3.2022) by virtue of The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(11)(a)

F548 S. 78(7)(ba) and preceding word inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(11)(b)

F549 S. 78(8)(8A) substituted for s. 78(8) (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 197(5), 245(5) (with s. 201); S.I. 2008/3110, art. 2(d)

F550 S. 78(8A)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(8)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F551 Words in s. 78(8A)(b) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(8)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F552 Words in s. 78(9) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(9)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F553 Words in s. 78(9) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(9)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F554 S. 78(9A)-(9D) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(10), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F555 Words in s. 78(10) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 60(g) (with Sch. 5)

F556 S. 78(11) inserted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 197(6), 245(5) (with s. 201); S.I. 2008/3110, art. 2(d)

Commencement Information

I52 S. 78 wholly in force at 28.7.2001; s. 78 not in force at Royal Assent see s. 108; s. 78 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 78 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

F558 78A Decisions of [F557 First-tier Tribunal] E+W

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

Textual Amendments

F557 Words in s. 78A heading substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 61(a) (with Sch. 5)

F558 S. 78A repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 44, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F559 78B Section 78A: supplementary E+W

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

Textual Amendments

F559 S. 78B repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 45, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(m) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

79 [F560 Decisions of case tribunals: Wales.] E+W

[F561 (A1) In this section “Welsh case tribunal” means a case tribunal drawn from the Adjudication Panel for Wales.]

(1) A [F562 Welsh case tribunal] which adjudicates on any matter must decide whether or not any person to which that matter relates has failed to comply with the code of conduct of the relevant authority concerned.

(2) Where a [F562 Welsh case tribunal] decides that a person has not failed to comply with the code of conduct of the relevant authority concerned, it must give notice to that effect to the standards committee of the relevant authority concerned.

(3) Where a [F562 Welsh case tribunal] decides that a person has failed to comply with the code of conduct of the relevant authority concerned, it must decide whether the nature of the failure is such that the person should be suspended or disqualified in accordance with subsection (4).

(4) A person may be—

(a) suspended or partially suspended from being a member or co-opted member of the relevant authority concerned, or

(b) disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority.

(5) Where a [F562 Welsh case tribunal] makes such a decision as is mentioned in subsection (4)(a), it must decide the period for which the person should be suspended or partially suspended (which must not exceed one year or, if shorter, the remainder of the person’s term of office).

(6) Where a [F562 Welsh case tribunal] makes such a decision as is mentioned in subsection (4)(b), it must decide the period for which the person should be disqualified (which must not exceed five years).

(7) Where a [F562 Welsh case tribunal] decides that a person has failed to comply with the code of conduct of the relevant authority concerned but should not be suspended or disqualified as mentioned in subsection (4), it must give notice to the standards committee of the relevant authority concerned—

(a) stating that the person has failed to comply with that code of conduct, and

(b) specifying the details of that failure.

(8) Where a [F562 Welsh case tribunal] decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be suspended or partially suspended as mentioned in subsection (4)(a), it must give notice to the standards committee of the relevant authority concerned—

(a) stating that the person has failed to comply with that code of conduct,

(b) specifying the details of that failure, and

(c) stating that the person [F563 is suspended or partially suspended] for the period, and in the way, which the tribunal has decided.

[F564 (9) The effect of a notice given to the standards committee of a relevant authority under subsection (8) is to suspend or partially suspend the person concerned as mentioned in subsection (8)(c).]

(10) Where a [F562 Welsh case tribunal] decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be disqualified as mentioned in subsection (4)(b), it must give notice to the standards committee of the relevant authority concerned—

(a) stating that the person has failed to comply with that code of conduct,

(b) specifying the details of that failure, and

(c) stating that the person is disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority for the period which the tribunal has decided.

(11) The effect of a notice given to the standards committee of a relevant authority under subsection (10) is to disqualify the person concerned as mentioned in subsection (10)(c).

(12) A copy of any notice under this section—

[F565 (a) must be given to the Public Services Ombudsman for Wales,]

(b) must be given to any person who is the subject of the decision to which the notice relates, and

(c) must be published in one or more newspapers circulating in the area of the relevant authority concerned.

[F566 (12A) In the case of a member or co-opted member of a corporate joint committee who is also a member or co-opted member of—

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

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

a copy of any notice under this section must be given to the monitoring officer of that constituent council or National Park authority (in addition to the steps required by subsection (12) being taken).]

(13) Where the person concerned is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F567 ...

(a) a copy of any notice under subsection (2), (7) or (10) must also be given to the standards committee of that other relevant authority,

[F568 (b) the reference in subsection (4)(a) to the relevant authority concerned is to be treated as a reference to that other relevant authority,]

(c) the duty to give notice to the standards committee of the relevant authority concerned under subsection (8) is to be treated as a duty—

(i) to give that notice to the standards committee of that other relevant authority, and

(ii) to give a copy of that notice to the standards committee of the relevant authority concerned,

(d) the reference in subsection (12)(c) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.

(14) A [F562 Welsh case tribunal] must take reasonable steps to inform any person who made any allegation which gave rise to the adjudication of the decision of the [F562 Welsh case tribunal] under this section.

(15) Where a [F562 Welsh case tribunal] decides under this section that a person has failed to comply with the code of conduct of the relevant authority concerned, that person may appeal to the High Court against that decision, or any other decision under this section which relates to him.

[F569 (16) An appeal may not be brought under subsection (15) except with the leave of the High Court.]

Textual Amendments

F560 S. 79 sidenote substituted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 199(2), 245(5) (with s. 201); S.I. 2008/3110, art. 2(f)

F561 S. 79(A1) inserted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 199(3), 245(5) (with s. 201); S.I. 2008/3110, art. 2(f)

F562 Words in s. 79(1)-(15) substituted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 199(4), 245(5) (with s. 201); S.I. 2008/3110, art. 2(f)

F563 Words in s. 79(8)(c) substituted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 199(5), 245(5) (with s. 201); S.I. 2008/3110, art. 2(f)

F564 S. 79(9) substituted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 199(6), 245(5) (with s. 201); S.I. 2008/3110, art. 2(f)

F565 S. 79(12)(a) substituted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 199(7), 245(5) (with s. 201); S.I. 2008/3110, art. 2(f)

F566 S. 79(12A) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(12)

F567 Words in s. 79(13) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 46, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F568 S. 79(13)(b) substituted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 199(8)(b), 245(5) (with s. 201); S.I. 2008/3110, art. 2(f)

F569 S. 79(16) inserted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 199(9), 245(5) (with s. 201); S.I. 2008/3110, art. 2(f)

Commencement Information

I53 S. 79 wholly in force at 28.7.2001; s. 79 not in force at Royal Assent see s. 108; s. 79 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 79 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

80 Recommendations by F570 ... case tribunals. E+W

(1) [F571 Where F572 ... a case tribunal has adjudicated on any matter under this Act, it] may make recommendations to a relevant authority about any matters relating to—

(a) the exercise of the authority’s functions,

(b) the authority’s code of conduct, or

(c) the authority’s standards committee.

(2) [F573 A case tribunal] must send a copy of any recommendations it makes under subsection (1) to the relevant person.

(3) A relevant authority to whom recommendations are made under subsection (1) must consider the recommendations and, within a period of three months beginning with the day on which the recommendations are received, prepare a report for the [F574 Public Services Ombudsman for Wales] giving details of what action the authority have taken or are proposing to take as a result of the recommendations.

(4) A relevant authority’s function of considering a report under subsection (3) may be discharged only by the authority or by the standards committee of that authority (and accordingly, in the case of a relevant authority to which section 101 of the M28 Local Government Act 1972 [F575 or regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for discharge of functions)] applies, is not to be a function to which [F576 that section or regulation applies]).

(5) If the [F577 Public Services Ombudsman for Wales] is not satisfied with the action the relevant authority have taken or propose to take in relation to the recommendations, the [F577 Public Services Ombudsman for Wales] may require the authority to publish a statement giving details of the recommendations made by the tribunal and of the authority’s reasons for not fully implementing the recommendations.

F578 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F570 Words in s. 80 heading repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F571 Words in s. 80(1) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 63(b) (with Sch. 5)

F572 Words in s. 80(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F573 Words in s. 80(2) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(4); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F574 Words in s. 80(3) substituted (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(5); S.I. 2012/57, art. 5(1)(a)(c)(2)(n) (with arts. 6, 8); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F575 Words in s. 80(4) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(13)(a)

F576 Words in s. 80(4) substituted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(13)(b)

F577 Words in s. 80(5) substituted (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(6); S.I. 2012/57, art. 5(1)(a)(c)(2)(n) (with arts. 6, 8); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F578 S. 80(6) repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(7), Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(n) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I54 S. 80 wholly in force at 28.7.2001; s. 80 not in force at Royal Assent see s. 108; s. 80 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 80 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M28 1972 c. 70.

Chapter V E+W Supplementary

Disclosure and registration of members’ interests etc. E+W

81 Disclosure and registration of members’ interests etc. E+W

(1) The monitoring officer of each relevant authority must establish and maintain a register of interests of the members and co-opted members of the authority.

(2) The mandatory provisions of the model code applicable to each relevant authority (“the mandatory provisions”) must require the members and co-opted members of each authority to register in that authority’s register maintained under subsection (1) such financial and other interests as are specified in the mandatory provisions.

(3) The mandatory provisions must also—

(a) require any member or co-opted member of a relevant authority who has an interest specified in the mandatory provisions under subsection (2) to disclose that interest before taking part in any business of the authority relating to that interest,

(b) make provision for preventing or restricting the participation of a member or co-opted member of a relevant authority in any business of the authority to which an interest disclosed under paragraph (a) relates.

(4) Any participation by a member or co-opted member of a relevant authority in any business which is prohibited by the mandatory provisions is not a failure to comply with the authority’s code of conduct if the member or co-opted member has acted in accordance with a dispensation from the prohibition granted by the authority’s standards committee[F579 , or by the standards committee of another relevant authority,] in accordance with regulations made under subsection (5).

(5) The [F580 Welsh Ministers] may prescribe in regulations the

[F581 (a)] circumstances in which standards committees may grant dispensations under subsection (4),

[F582 (b) procedure to be followed for the granting of dispensations.]

(6) A relevant authority must ensure that

[F583 (a)] copies of the register for the time being maintained by their monitoring officer under this section are available at an office of the authority for inspection by members of the public at all reasonable hours,

[F584 (b) the register mentioned in paragraph (a) is published electronically.]

(7) As soon as practicable after the establishment by their monitoring officer of a register under this section, a relevant authority must—

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

(i) states that copies of the register are available at an office of the authority for inspection by members of the public at all reasonable hours, and

(ii) specifies the address of that office, and

[F585 (iii) states that the register is available to be viewed electronically, and

(iv) specifies how to access the electronic version,]

F586 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F587 (c) F588 ... inform the Public Services Ombudsman for Wales that copies of the register are so available.]

[F589 (7ZA) But subsections (6) and (7) do not apply to a relevant authority which is a corporate joint committee.

(7ZB) A relevant authority which is a corporate joint committee must publish electronically the register maintained under subsection (1).]

[F590 (7A) For the purposes of this section—

(a) section 83(13) does not apply, and

(b) in relation to a relevant authority which is a community council, the references in this section to a monitoring officer are to be read as references to the proper officer of that council (within the meaning of section 270(3) of the Local Government Act 1972).]

F591 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F579 Words in s. 81(4) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 69(3)(a), 75(3); S.I. 2015/1182, art. 2(f)

F580 Words in s. 81(5) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 48(2); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F581 Words in s. 81(5) renumbered as s. 81(5)(a) (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 69(3)(b)(i), 75(3); S.I. 2015/1182, art. 2(f)

F582 S. 81(5)(b) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 69(3)(b)(ii), 75(3); S.I. 2015/1182, art. 2(f)

F583 Words in s. 81(6) renumbered as s. 81(6)(a) (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 58(2)(a), 75(3); S.I. 2015/1182, art. 2(d)

F584 S. 81(6)(b) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 58(2)(b), 75(3); S.I. 2015/1182, art. 2(d)

F585 S. 81(7)(a)(iii)(iv) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 58(3), 75(3); S.I. 2015/1182, art. 2(d)

F586 S. 81(7)(b) repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 48(3)(a), Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(o) (with arts. 6, 8)

F587 S. 81(7)(c) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 22(b); S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)

F588 Words in s. 81(7)(c) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 48(3)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F589 S. 81(7ZA)(7ZB) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(14)

F590 S. 81(7A) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 58(4), 75(3); S.I. 2015/1182, art. 2(d)

F591 S. 81(8) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 48(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I55 S. 81 wholly in force at 28.7.2001; s. 81 not in force at Royal Assent see s. 108; s. 81(5)(8) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 81 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 81 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Code of conduct for local government employees E+W

82 Code of conduct for local government employees. E+W

F592 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The National Assembly for Wales may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities F593 ....

(3) The power under subsection F594 ... (2) to issue a code includes power—

(a) to issue a separate code for council managers (within the meaning of Part II of this Act), and

(b) to revise any code which has been issued.

F595 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F595 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a) such representatives of relevant authorities F596 ... and of employees of [F594 those] authorities, as it considers appropriate,

(b) the [F597 Auditor General for Wales], and

(c) [F598 the Public Services Ombudsman for Wales ].

(7) The terms of appointment or conditions of employment of every qualifying employee of a relevant authority (whether appointed or employed before or after the commencement of this section) are to be deemed to incorporate any code for the time being under this section which is applicable.

(8) In this section “qualifying employee”, in relation to a relevant authority, means an employee of the authority other than an employee falling within any description of employee specified in regulations under this subsection.

(9) The power to make regulations under subsection (8) is to be exercised—

F599 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F600 ... by the National Assembly for Wales.

Textual Amendments

F592 S. 82(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F593 Words in s. 82(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F594 Word in s. 82(6)(a) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(6)(b); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F595 S. 82(4)(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(5), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F596 Words in s. 82(6)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(6)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F597 Words in s. 82(6)(b) substituted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 55(1)(3); S.I. 2005/558, art. 2, Sch. 1

F598 Words in s. 82(6)(c) substituted (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 23; S.I. 2005/2800, arts. 4(1)(d)(2), 5(1) (with art. 4(3))

F599 S. 82(9)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(7)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F600 Words in s. 82(9)(b) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(7)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I56 S. 82 wholly in force at 28.7.2001; s. 82 not in force at Royal Assent see s. 108; s. 82(2)(3)(6)(8)(9) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 82 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 82 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F601 Delegation by monitoring officers E+W

Textual Amendments

F601 S. 82A and cross-heading inserted (18.11.2003) by Local Government Act 2003 (c. 26), ss. 113(2), 128(2)(d)

82A Monitoring officers: delegation of functions under Part 3 E+W

(1) This section applies to functions of a monitoring officer of a relevant authority in relation to matters referred to him under section F602 [F603 ... 70(4) or (5) or 71(2) or (4) ] .

(2) Where the monitoring officer considers that in a particular case he himself ought not to perform particular functions to which this section applies, those particular functions shall in that case be performed personally by a person nominated for the purpose by the monitoring officer.

(3) Where a deputy nominated by the monitoring officer under section 5(7) of the Local Government and Housing Act 1989 (nomination of member of monitoring officer’s staff to act as deputy when monitoring officer absent or ill) considers that in a particular case he himself ought not to perform particular functions—

(a) to which this section applies, and

(b) which, by reason of the absence or illness of the monitoring officer, would but for this subsection fall to be performed by the deputy,

those particular functions shall, while the monitoring officer continues to be unable to act by reason of absence or illness, be performed in that case personally by a person nominated for the purpose by the deputy.

(4) Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is an officer of the relevant authority, the authority shall provide the officer with such staff, accommodation and other resources as are, in the officer’s opinion, sufficient to allow those functions to be performed.

(5) Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is not an officer of the relevant authority, the authority shall—

(a) pay the person a reasonable fee for performing the functions,

(b) reimburse expenses properly incurred by the person in performing the functions, but only to the extent that the amount of the expenses is reasonable, and

(c) provide the person with such staff, accommodation and other resources as are reasonably necessary for the person’s performance of the functions.]

Textual Amendments

F602 Words in s. 82A repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 50, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F603 Words in s. 82A(1) substituted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 194(9), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(o)

Interpretation E+W

83 Interpretation of Part III. E+W

(1) In this Part—

• F604 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “case tribunal” has the meaning given by section 76(1),

• “code of conduct” means a code of conduct under section 51,

• [F605 “constituent council”, in relation to a corporate joint committee, has the meaning given by section 71(7),]

• “co-opted member” has the meaning given by section 49(7),

• [F605 “corporate joint committee” has the meaning given by section 49(8),]

• “elected mayor” and “elected executive member” have the meaning given by section 39(1) and (4),

• F606 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “executive” is to be construed in accordance with section 11,

• “executive arrangements” has the meaning given by section 10,

• F607 ...

• “interim case tribunal” has the meaning given by section 76(2),

• F608 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “model code of conduct” is to be construed in accordance with section 50 F609 ... (2),

• F610 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F611 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “relevant authority” has the meaning given by section 49(6).

(2) Any reference in this Part to a committee of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to a committee of an executive of the authority.

(3) Any reference in this Part to a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to an elected mayor or elected executive member of the authority.

F612 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any reference in this Part to a joint committee or joint sub-committee of a relevant authority is a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.

(6) Any reference in this Part to a failure to comply with a relevant authority’s code of conduct includes a reference to a failure to comply with the mandatory provisions which apply to the members or co-opted members of the authority by virtue of section 51(5)(b).

(7) Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.

(8) The reference in subsection (7) to particular functions or particular responsibilities as a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to particular functions or particular responsibilities as a member of an executive of the authority.

(9) A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, but this subsection does not apply to a person who is partially suspended under this Part.

F613 (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) A person who is suspended under this Part from being a member of a relevant authority to which Part II of this Act applies shall also be suspended, if he is a member of an executive of the authority, from being such a member; but this subsection does not apply to a person who is partially suspended under this Part.

[F614 (10A) A person who is suspended under this Part from being a member of a relevant authority other than a corporate joint committee shall also be suspended, if they are a member of a corporate joint committee, from being such a member; but this subsection does not apply to a person who is partially suspended under this Part.]

(11) A person who is disqualified under this Part for being or becoming a member of a relevant authority shall also be disqualified—

(a) for being or becoming a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, and

(b) if the authority is one to which Part II of this Act applies, for being or becoming a member of an executive of the authority.

F615 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a community council is to be exercisable by or in relation to the monitoring officer of the county council or county borough council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly.

(14) Any functions which are conferred by virtue of this Part on a relevant authority to which Part II of this Act applies are not to be the responsibility of an executive of the authority under executive arrangements.

F616 (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F616 (16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F604 Words in s. 83(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(2)(a)(i), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F605 Words in s. 83(1) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(15)(a)

F606 Words in s. 83(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(2)(a)(ii), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F607 Words in s. 83(1) omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 7 para. 3; S.I. 2021/231, art. 6(u)

F608 Words in s. 83(1) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 24(a), 7; S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)

F609 Words in s. 83(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(2)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F610 Words in s. 83(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(2)(a)(iii), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F611 Words in s. 83 omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 64 (with Sch. 5)

F612 S. 83(4) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F613 S. 83(9A) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 35

F614 S. 83(10A) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(15)(b)

F615 S. 83(12) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F616 S. 83(15)(16) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I57 S. 83 wholly in force at 28.7.2001; s. 83 not in force at Royal Assent see s. 108; s. 83(1)-(3)(5)-(14) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 83 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 83 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Part IV E+W Elections

84 Meaning of “local authority” and “principal council” in Part IV. E+W

(1) In relation to England—

• “local authority” means a principal council or a parish council,

• “principal council” means a county council, a district council or a London borough council.

(2) In relation to Wales—

• “local authority” means a principal council or a community council,

• “principal council” means a county council or a county borough council.

(3) This section applies for the purposes of this Part.

85 Options for elections [F617 England]. E+W

(1) For the purposes of this Part [F618 as it applies in relation to a principal council for an area in England,] the three options for the scheme for the ordinary elections of councillors of [F619 such] a principal council are those set out in this section.

(2) The first option is for a scheme under which—

(a) the term of office of councillors is four years,

(b) the elections are held in a given year and every fourth year after it,

(c) all the councillors are elected in each year in which the elections are held, and

(d) the councillors retire together.

(3) The second option is for a scheme under which—

(a) the term of office of councillors is four years,

(b) the elections are held in a given year and every second year after it,

(c) one half (or as nearly as may be) of the councillors are elected in each year in which the elections are held, and

(d) one half (or as nearly as may be) of the councillors retire in each year in which the elections are held.

(4) The third option is for a scheme under which—

(a) the term of office of councillors is four years,

(b) the elections are held in a given year and every year after it other than every third year after it,

(c) one third (or as nearly as may be) of the councillors are elected in each year in which the elections are held, and

(d) one third (or as nearly as may be) of the councillors retire in each year in which the elections are held.

Textual Amendments

F617 Word in s. 85 heading inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 9(2)(c)

F618 Words in s. 85(1) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 9(2)(a)

F619 Word in s. 85(1) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 9(2)(b)

86 Power to specify a scheme for elections. E+W

[F620 (A1) The Secretary of State may by order make provision to secure that the scheme for the ordinary elections of councillors of any specified council in England is the scheme under the first option set out in section 85.]

F621 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A council is specified if it is—

(a) a principal council (or one of the principal councils) specified by name in the order, or

(b) a principal council falling within any description of principal council specified in the order.

(3) An order may make provision in relation to a council if the scheme specified in the order is different from the scheme which prevails (whether by virtue of an earlier order under this section or otherwise) for the ordinary elections of its councillors.

(4) An order may include provision specifying the years in which the ordinary elections are to be held.

(5) In a case where the specified scheme is that under the second or third option, an order may include provision for identifying which councillors are to retire in a particular year, and such provision may include—

(a) provision for identifying the electoral divisions or wards affected,

(b) provision for identifying the councillors affected within particular electoral divisions or wards.

(6) Provision under subsection (5) may include—

(a) provision allowing the Secretary of State to direct councils to propose methods (complying with any guidance he may issue) for identifying electoral divisions, wards or councillors,

(b) provision allowing him to give directions as to the methods to be adopted (whether those proposed or otherwise).

(7) An order may include provision designed to secure the transition from a prevailing scheme to the one specified in the order, and such provision may include—

(a) provision to secure the retirement of existing councillors at times different from those applying under a prevailing scheme,

(b) in a case where the specified scheme is that under the second or third option, provision for the initial election of all the councillors, for the retirement of some of them before the end of the normal term of four years, and for identifying which of them are so to retire.

Textual Amendments

F620 S. 86(A1) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 54(3)(a), 245(2)

F621 S. 86(1) omitted (20.3.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 9(3)

87 Power to change years in which elections held. E+W

(1) The Secretary of State may by order make provision which changes the years in which the ordinary elections of councillors of any specified local authority are to be held but which does not change the scheme which prevails (whether by virtue of an order under section 86 or otherwise) for the ordinary elections of those councillors.

(2) A local authority is specified if it is—

(a) a local authority (or one of the local authorities) specified by name in the order, or

(b) a local authority falling within any class or description of local authority specified in the order.

(3) An order may include provision to secure the retirement of existing councillors at times different from those at which they would otherwise retire.

88 Separate power to make incidental provisions etc. E+W

(1) If the Secretary of State makes an order under section 86 or 87 he may make a separate order containing such incidental, consequential, transitional or supplemental provision as could have been included in the order made under that section.

(2) This applies whether or not the order under section 86 or 87 itself includes incidental, consequential, transitional or supplemental provision.

89 Consequential electoral changes. E+W

(1) The M29 Local Government Act 1992 is amended as mentioned in subsections (2) and (3).

F622 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F622 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 6(2)(a) of the M30 Local Government Act 1972 (electoral division of non-metropolitan county to return one councillor) after “Act” insert “ and subject to sections 14(8) and 17(7) of the Local Government Act 1992 ”.

Textual Amendments

F622 S. 89(2)(3) repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(3), Sch. 7 Pt. 3; S.I. 2009/3318, art. 4(hh)

Marginal Citations

M29 1992 c. 19.

M30 1972 c. 70.

Part V E+W+S Miscellaneous

Surcharge etc. E+W

90 Surcharge etc. E+W

(1) The M31 Audit Commission Act 1998 is amended as follows.

(2) In section 17 (declaration that item of account is unlawful)—

(a) subsection (1)(b),

(b) in subsection (2), the words “subject to subsection (3)” and paragraphs (a) and (b), and

(c) subsections (3), (5)(b), (7) and (8),

are omitted.

(3) Section 18 (recovery of amount not accounted for etc.) is omitted.

Commencement Information

I58 S. 90 partly in force; s. 90 not in force at Royal Assent, see s. 108(3)(7); s. 90 in force (E.) at 27.7.2002 by S.I. 2002/1718, art. 2(a); s. 90 in force (W.) in relation to police authorities by S.I. 2002/1718, art. 2(a)

Marginal Citations

M31 1998 c. 18.

91 Advisory notices. E+W

F623 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Sections 20 to 23 of the M32 Audit Commission Act 1998 (prohibition orders) cease to have effect.

Textual Amendments

F623 S. 91(1) repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

Commencement Information

I59 S. 91 partly in force; s. 91 not in force at Royal Assent see s. 108; s. 91 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2

Marginal Citations

M32 1998 c. 18.

Maladministration etc. E+W

92 Payments in cases of maladministration etc. E+W

(1) Where a relevant authority consider—

(a) that action taken by or on behalf of the authority in the exercise of their functions amounts to, or may amount to, maladministration, and

(b) that a person has been, or may have been, adversely affected by that action,

the authority may, if they think appropriate, make a payment to, or provide some other benefit for, that person.

(2) Any function which is conferred on the Greater London Authority under this section is to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.

(3) In this section—

• “action” includes failure to act,

• “relevant authority” has the same meaning as in Part III of this Act.

Modifications etc. (not altering text)

C180 S. 92: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Commencement Information

I60 S. 92 wholly in force at 28.7.2001; s. 92 not in force at Royal Assent see s. 108; s. 92 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 92 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Welfare services E+W+S

93 Grants for welfare services. E+W

(1) The Secretary of State may, with the consent of the Treasury, pay grants to local authorities in England towards expenditure incurred by them

[F624 (a) in providing, or contributing to the provision of, such welfare services as may be determined by the Secretary of State, or

(b) in connection with any such welfare services.]

(2) The National Assembly for Wales may pay grants to local authorities in Wales towards expenditure incurred by them

[F625 (a) in providing, or contributing to the provision of, such welfare services as may be determined by the Assembly, or

(b) in connection with any such welfare services.]

(3) The amount of any grants under this section and the manner of their payment are to be such as may be determined by the Secretary of State or the Assembly (as the case may be).

(4) Grants under this section may be paid—

(a) to all local authorities,

(b) to particular local authorities, or

(c) to particular descriptions of local authority (including descriptions framed by reference to authorities in particular areas).

(5) Grants under this section may be paid on such terms and conditions as the Secretary of State or, as the case may be, the Assembly may determine; and nothing in subsection (6) affects the generality of this subsection.

(6) Those terms and conditions may include provision as to the circumstances in which the whole or any part of a grant under this section must be repaid to the Secretary of State or the Assembly.

[F626 (6A) Before making any determination under subsection (3) or (5) the Secretary of State must obtain the consent of the Treasury.]

(7) A local authority must supply the Secretary of State or, as the case may be, the Assembly with such information as he or it may require for the purposes of this section.

(8) A local authority must have regard to any guidance for the time being issued by the Secretary of State or, as the case may be, the Assembly with respect to the administration and application of grants under this section which are paid to them.

(9) A local authority must comply with any directions for the time being given by the Secretary of State or, as the case may be, the Assembly with respect to the administration and application of grants under this section which are paid to them.

(10) Any determination, guidance or directions under this section may make different provision in relation to different local authorities or descriptions of local authority (including descriptions framed by reference to authorities in particular areas).

(11) Before making any determination, issuing any guidance or giving any directions under this section relating to all local authorities in England or Wales or any description of such authorities, the Secretary of State or (as the case may be) the National Assembly for Wales must consult—

(a) such local authorities or representatives of local authorities as appear to him or it to be appropriate,

(b) such recipients, or representatives of recipients, of welfare services as appear to him or it to be appropriate, and

(c) such providers, or representatives of providers, of welfare services as appear to him or it to be appropriate.

(12) In this section—

• “local authority” means—

  (a)

  in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly,

  (b)

  in relation to Wales, a county council or a county borough council,

• “welfare services” includes services which provide support, assistance, advice or counselling to individuals with particular needs.

Textual Amendments

F624 S. 93(1)(a)(b) substituted (7.11.2002) for words by 2002 c. 38, ss. 136(2), 148(1) (with Sch. 4 paras. 6-8)

F625 S. 93(2)(a)(b) substituted (7.11.2002) for word by 2002 c. 38, ss. 136(3), 148(1) (with Sch. 4 paras. 6-8)

F626 S. 93(6A) inserted (7.11.2002) by 2002 c. 38, ss. 136(4), 148(1) (with Sch. 4 paras. 6-8)

Commencement Information

I61 S. 93 partly in force; s. 93 not in force at Royal Assent see s. 108; s. 93 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 93(2) in force (W.) at 30.6.2002 by S.I. 2002/1359, art. 2(a); S. 93(3)-(12) in force (W.) at 30.6.2002 insofar as they relate to local authorities in Wales by S.I. 2002/1359, art. 2(b)

F627 94 Disclosure of information. E+W+S

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

Textual Amendments

F627 S. 94 repealed (5.8.2008 for specified purposes, 1.9.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), ss. 42(11), 70(2), Sch. 8; S.I. 2008/2101, art. 2(1)(2)(a)(c) (with art. 3(1)(2))

Modifications etc. (not altering text)

C181 S. 94 functions made exercisable concurrently (with effect in accordance with art. 25(1) of the amending S.I.) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 2, 25(2)(xxxiv) (with art. 35)

C182 S. 94 functions made exercisable concurrently (with effect in accordance with art. 25(1) of the amending S.I.) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 2, 25(2)(xxxiv) (with art. 35)

Commencement Information

I62 S. 94 not in force at Royal Assent see s. 108; s. 94 in force (E.) at 1.8.2001 by S.I. 2001/2684, art. 2

F628 95 Unauthorised disclosure of information. E+W+S

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

Textual Amendments

F628 S. 95 repealed (5.8.2008 for specified purposes, 1.9.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), ss. 42(11), 70(2), Sch. 8; S.I. 2008/2101, art. 2(1)(2)(a)(c) (with art. 3(1)(2))

Commencement Information

I63 S. 95 partly in force; s. 95 not in force at Royal Assent see s. 108; s. 95 in force (E.) at 1.8.2001 by S.I. 2001/2684, art. 2

Prospective

96 Housing benefit. E+W+S

(1) Section 130 of the M33 Social Security Contributions and Benefits Act 1992 (housing benefit) is amended as follows.

(2) At the end of subsection (2) there is inserted— “but this subsection is subject to subsection (2A).

(2A) Except to the extent that regulations otherwise provide, payments in respect of services which provide support, assistance, advice or counselling to individuals with particular needs are not “payments in respect of a dwelling” for the purposes of subsection (1).”

(3) After subsection (4) there is inserted—

“(4A) Regulations under subsection (2A) above may make provision with respect to particular areas, particular authorities or particular descriptions of authority.”

Marginal Citations

M33 1992 c. 4.

Access to information E+W

97 Background papers. E+W

(1) In section 100D of the M34 Local Government Act 1972 (inspection of background papers) for subsection (1) there is substituted—

“(1) Subject, in the case of section 100C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a principal council are required by section 100B(1) or 100C(1) above to be open to inspection by members of the public—

(a) those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and

(b) at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the council.”

(2) In subsection (2) the words “of the list, or” are omitted.

Commencement Information

I64 S. 97 wholly in force at 28.7.2001; s. 97 not in force at Royal Assent see s. 108; s. 97 in force at 1.10.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 3; s. 97 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M34 1972 c. 70.

98 Meetings and documents: notice etc. E+W

(1) In section 100K of the M35 Local Government Act 1972 (interpretation and application of Part VA), after subsection (2) there is inserted—

“(3) The Secretary of State may by order amend sections 100A(6)(a) and 100B(3) and (4)(a) above so as to substitute for each reference to three clear days such greater number of days as may be specified in the order.

(4) Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(2) In Schedule 12 to that Act (meetings and proceedings of local authorities), after paragraph 4 there is inserted—

“4A (1) The Secretary of State may by order amend paragraph 4(2) above so as to substitute for the reference to three clear days such greater number of days as may be specified in the order.

(2) Any statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I65 S. 98 wholly in force at 28.7.2001; s. 98 not in force at Royal Assent see s. 108; s. 98 in force at 1.10.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 3; s. 98 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M35 1972 c. 70.

Allowances and pensions E+W

99 Allowances and pensions for certain local authority members. E+W

(1) The provision which may be made by regulations under section 7 of the M36 Superannuation Act 1972 (superannuation of persons employed in local government service etc) includes provision for or in connection with the provision of pensions, allowances or gratuities to or in respect of such members of a local authority as may be prescribed by the regulations [F629 ; and for the purposes of the application of this subsection to Wales, the reference to pensions and allowances is to be ignored.].

(2) In subsection (1) “local authority” has the same meaning as in Part II of this Act.

(3) Section 18 of the M37 Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances for local authority members) is amended as follows.

(4) At the beginning of subsection (1) there is inserted “ Subject to subsection (1A), ” and after that subsection there is inserted—

“(1A) In relation to a district council, county council, county borough council or London borough council, subsection (1) above shall have effect with the omission of paragraph (b).”

(5) After subsection (2) there is inserted—

“(2A) Regulations under this section may authorise or require a scheme made by a district council, county council, county borough council or London borough council to include provision for the payment to members of the council of allowances in respect of such expenses of arranging for the care of children or dependants as are necessarily incurred in the carrying out of their duties as members.”

(6) In subsection (3), for “and (2)” there is substituted “ to (2A) ”.

(7) After subsection (3) there is inserted—

“(3A) Regulations under this section may make provision for or in connection with—

(a) enabling district councils, county councils, county borough councils or London borough councils to determine which members of the council are to be entitled to pensions, allowances or gratuities,

(b) treating the basic allowance or the special responsibility allowance as amounts in respect of which such pensions, allowances or gratuities are payable.

(3B) Regulations under this section may make provision for or in connection with requiring a district council, county council, county borough council or London borough council to establish and maintain a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of the council.

(3C) Regulations under this section may make provision for or in connection with enabling a panel established by a body specified in the regulations to exercise such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of such district councils, county councils or London borough councils in England as may be specified in the regulations.

(3D) Regulations under this section may make provision for or in connection with the establishment by the National Assembly for Wales on a permanent or temporary basis of a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of county councils and county borough councils in Wales.

(3E) Regulations under subsection (3B) above may include provision—

(a) with respect to the number of persons who may or must be appointed to the panel of a council,

(b) with respect to the persons who may or must be appointed to the panel of a council,

(c) for or in connection with the appointment by councils of joint panels.

(3F) Regulations under subsection (3C) may include provision—

(a) with respect to the number of persons who may or must be appointed to a panel mentioned in that subsection,

(b) with respect to the persons who may or must be appointed to such a panel.

(3G) Regulations under subsection (3B), (3C) or (3D) may include provision—

(a) for or in connection with enabling a panel mentioned in that subsection to make recommendations to a council on the level of allowances payable to members of the council,

(b) for or in connection with enabling such a panel to make recommendations to a council as to which members of the council are to be entitled to pensions, allowances or gratuities,

(c) which permits different recommendations to be made in relation to different councils or descriptions of council.”

(8) In subsection (4), for the word “and” at the end of paragraph (b) there is substituted—

“(ba) make provision with respect to the amendment, revocation or replacement of a scheme made by a relevant authority under the regulations; and”.

(9) After subsection (5) there is inserted—

“(5A) In making or operating any scheme authorised or required by regulations under this section, a district council, county council, county borough council or London borough council shall have regard to any guidance for the time being issued by the Secretary of State.”

Textual Amendments

F629 Words in s. 99(1) inserted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), s. 178(3), Sch. 3 para. 5(2); S.I. 2012/1187, art. 2(1)(q)

Commencement Information

I66 S. 99 wholly in force at 28.7.2001; s. 99 not in force at Royal Assent see s. 108(4); s. 99(1)-(3)(5)-(9) with the exception of so much of subsection (3) as relates to subsection (4) in force at 19.2.2001 in relation to England only by S.I. 2001/415, art. 2(b); s. 99 in force at 28.7.2001 in so far as not already in force see s. 108(4)

Marginal Citations

M36 1972 c. 11.

M37 1989 c. 42.

F630 100 Power to make provision about allowances. E+W

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

Textual Amendments

F630 S. 100 repealed (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), s. 178(3), Sch. 3 para. 5(3), Sch. 4 Pt. F; S.I. 2012/1187, art. 2(1)(q)(2)(m)

Indemnification of members and officers of relevant authorities E+W

101 Indemnification of members and officers of relevant authorities. E+W

(1) The Secretary of State may by order make provision for or in connection with conferring power on relevant authorities in England F631 ... to provide indemnities to some or all of their members and officers.

(2) The National Assembly for Wales may by order make provision for or in connection with conferring power on relevant authorities in Wales F632 ... to provide indemnities to some or all of their members and officers.

(3) An order under this section may apply—

(a) to all relevant authorities, or

(b) to any particular description of relevant authority.

(4) Before making an order under this section, the Secretary of State or (as the case may be) the National Assembly for Wales must consult—

(a) such representatives of relevant authorities,

(b) such representatives of employees of relevant authorities, and

(c) such other persons,

as he or it considers appropriate.

(5) In this section—

• “member”, in relation to a relevant authority, includes—

  (i)

  a member of any committee or sub-committee of the authority, or

  (ii)

  a person who is a member of, and represents the authority on, any joint committee or sub-committee,

• [F633 “relevant authority” has] the same meaning as in Part III of this Act.

Textual Amendments

F631 Words in s. 101(1) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 269(2); S.I. 2012/2892, art. 2(i)

F632 Words in s. 101(2) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 269(3); S.I. 2012/2892, art. 2(i)

F633 Words in s. 101(5) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 269(4); S.I. 2012/2892, art. 2(i)

Modifications etc. (not altering text)

C183 S. 101 modified (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 9(9)(b)

C184 S. 101 modified (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 20(7)(b)

C185 S. 101 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 1

C186 S. 101 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2

C187 S. 101 modified (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 17(2)(b)

C188 S. 101 modified (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 17(2)(b)

C189 S. 101 modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 21(2)(b)

C190 S. 101 modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 36(2)(b)

C191 S. 101 modified (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 17(2)(b)

C192 S. 101 modified (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 15(2)

C193 S. 101 modified (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 17(2)(b)

Commencement Information

I67 S. 101 wholly in force at 28.7.2001; s. 101 not in force at Royal Assent see s. 108; s. 101(2)-(5) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 101 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Social services functions E+W

102 Social services functions. E+W

F634 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Section 6(5) of [F635 the Local Authority Social Services Act 1970] (social services director not to discharge non-social services functions without approval of Secretary of State) ceases to have effect.

(3) After section 1 of that Act there is inserted the following section—

“1A Meaning of “social services functions”.

For the purposes of this Act the social services functions of a local authority are—

(a) their functions under the enactments specified in the first column of Schedule 1 to this Act (being the functions which are described in general terms in the second column of that Schedule), and

(b) such other of their functions as the Secretary of State may designate by an order made under this section.”

Textual Amendments

F634 S. 102(1) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(5)(a), 67(7)(e), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(f); S.I. 2006/885, art. 2(e)

F635 Words in s. 102(2) substituted (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(5)(b), 67(7)(e); S.I. 2005/394, art. 2(2)(f); S.I. 2006/885, art. 2(e)

Commencement Information

I68 S. 102 wholly in force at 28.7.2001; s. 102 not in force at Royal Assent see s. 108; s. 102 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 102 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Recoupment by local authorities of cost of providing day care E+W

103 Recoupment by local authorities of cost of providing day care. E+W

(1) In subsection (3) of section 29 of the M38 Children Act 1989 (recoupment of cost of providing services etc.), after “subsection (1)” there is inserted “ for a service provided under section 17 or section 18(1) or (5) ”.

(2) After that subsection there is inserted—

“(3A) No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 or of an income-based jobseeker’s allowance.”

Commencement Information

I69 S. 103 wholly in force at 28.7.2001; s. 103 not in force at Royal Assent see s. 108; s. 103 in force at 25.8.2000 in relation to England by S.I. 2000/2420, art. 2; s. 103 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

M38 1989 c. 41.

Prohibition on promoting homosexuality: bullying E+W

F636 104 Prohibition on promoting homosexuality: bullying. E+W

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

Textual Amendments

F636 S. 104 repealed (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(2)(f)(ix), Sch. 8 Pt. 1

Part VI U.K. Supplemental

105 Orders and regulations. E+W+S

(1) Any power to make an order or regulations under this Act is exercisable by statutory instrument.

(2) Any order or regulations under this Act—

(a) may contain such incidental, consequential, transitional or supplemental provision or savings as the Secretary of State considers necessary or expedient,

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

F637 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

(5) Subject to subsections (6) and (7), a statutory instrument which contains an order or regulations under this Act is to be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) [F638 Subject to subsection (6A),] a statutory instrument which contains an order under section 3(3)F639 ..., 6, [F640 9N F641 ... or 101, or regulations under [F642 section 9BA, 9HE, [F643 9HF(9), 9HG(11),] 9MG or 44], is not to be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

[F644 (6A) Subsection (6) does not apply to a statutory instrument which contains an order under section 3(3)F645 ... or 6 if the order is made only for the purpose of amending an earlier such order—

(a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.]

(7) Subsection (5) does not apply to a statutory instrument which contains an order under section 108.

[F646 (7A) If a draft of a statutory instrument containing an order under section 9N would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.]

(8) In this section “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the M39 Interpretation Act 1978).]

Textual Amendments

F637 S. 105(2A) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(3) (with art. 12)

F638 Words in s. 105(6) inserted (18.11.2003 for E.; 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 14(2); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.);S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F639 Word in s. 105(6) omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(6)

F640 Word in s. 105(6) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 70(2)(a); S.I. 2011/2896, art. 2(h)

F641 Words in s. 105(6) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 52, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F642 Words in s. 105(6) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 70(2)(b); S.I. 2011/2896, art. 2(h)

F643 Words in s. 105(6) inserted (E.W.) (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 77(3), 255(2)(o) (with s. 247)

F644 S. 105(6A) inserted (18.11.2003 for E.; 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 14(3); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F645 Word in s. 105(6A) omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 37(6)

F646 S. 105(7A) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 70(3); S.I. 2011/2896, art. 2(h)

Marginal Citations

M39 1978 c. 30.

106 Wales. E+W

(1) In their application to Wales—

F647 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Part IV, and

(c) section 105(2),

have effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.

(2) Section 105(5) to (7) does not apply to an order or regulations under this Act which is made by the National Assembly for Wales.

(3) Any reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an Act which is amended by this Act is to be treated as referring to that Act as amended by this Act.

(4) Subsection (3) does not affect the power to make further Orders varying or omitting that reference.

[F648 (5) F649 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A statutory instrument which contains an order made by the Welsh Ministers under section 21A(13)(b) [F650 or regulations made under [F651 section 11(9),] section 53(11) or (subject to subsection (6A)) section 54(5)] is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

[F652 (6A) Where a statutory instrument contains regulations made under section 54(5) which include provision adding to, replacing or omitting any part of the text of an Act of Parliament or a Measure or Act of the National Assembly for Wales, the instrument may not be made unless a draft of it has been laid before, and approved by a resolution of, the National Assembly for Wales.]

(7) A statutory instrument which contains an order under section 21G [F653 or regulations under section 52A(3)] [F654 or regulations under section 69F] may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.]

Textual Amendments

F647 S. 106(1)(a) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 71, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F648 S. 106(5)-(7) inserted (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 176(1), 178(3); S.I. 2012/1187, art. 2(1)(p)

F649 S. 106(5) omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 62(4)(a), 175(7); S.I. 2021/231, art. 6(l)

F650 Words in s. 106(6) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 68(4)(b), 75(3); S.I. 2015/1182, art. 2(e)

F651 Words in s. 106(6) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 7 para. 4; S.I. 2021/231, art. 6(u)

F652 S. 106(6A) inserted (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 68(4)(c), 75(3); S.I. 2015/1182, art. 2(e)

F653 Words in s. 106(7) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 62(4)(b), 175(7); S.I. 2021/231, art. 6(l)

F654 Words in s. 106(7) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 6; S.I. 2022/98, art. 2(b) (with art. 3)

107 Minor and consequential amendments and repeals. U.K.

(1) Schedule 5 (minor and consequential amendments) has effect.

(2) The repeals set out in Schedule 6 have effect.

Commencement Information

I70 S. 107 partly in force; s. 107 not in force at Royal Assent see s. 108(4); s. 107(2) in force at 1.10.2000 for certain purposes in relation to England only by S.I. 2000/2187, arts. 1(3), 3; s. 107(2) in force at 18.10.2000 for certain purposes in relation to England only by S.I. 2000/2836, arts. 1(3), 2(c); s. 107 in force at 26.10.2000 for certain purposes by S.I. 2000/2849, arts. 1(3), 2(h); s. 107(2) in force at 9.4.2001 with application to Wales only by S.I. 2001/1471, art. 2; s. 107 in force at 28.7.2001 for certain purposes see s. 108(4)-(6)

I71 S. 107 in force for specified purposes at 22.5.2012 by S.I. 2012/1358, art. 2(c)

108 Commencement. E+W+S

(1) This section and sections 105, 106 and 109 come into force on the day on which this Act is passed.

(2) The following provisions of this Act—

(a) Part IV,

(b) section 104, and

(c) in Schedule 6, the repeal of paragraph 63 of Schedule 37 to the M40 Education Act 1996,

come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3) The following provisions of this Act—

(a) section 90, 91, and 93 to 96,

(b) in Schedule 5, paragraphs 8, 12, 13, 15, 25, 26 and 34,

(c) in Schedule 6, the repeal—

(i) in section 80(1)(e) of the M41 Local Government Act 1972,

(ii) of sections 94 to 98 and 105 of that Act,

(iii) in section 265A(1)(b) of that Act,

(iv) of the provisions of the M42 Local Government Act 1974, the M43 Local Government Act 1985, the M44 Transport Act 1985 and the M45 Financial Services Act 1986 specified in Schedule 6,

(v) of sections 19, 31 and 32(1) of the M46 Local Government and Housing Act 1989,

(vi) in Schedule 11 to that Act,

(vii) of the provisions of the M47 Local Government Finance Act 1992, the M48 Local Government (Wales) Act 1994, the M49 Police and Magistrates’ Courts Act 1994, the Environment Act 1995, the M50 Police M51 Act 1996, the Police Act 1997, the M52 Audit M53 Commission Act 1998 and the M54 Greater London Authority Act 1999 specified in Schedule 6,

come into force on such day as the Secretary of State may by order appoint.

(4) Subject to subsections (5) and (6), the remaining provisions of this Act come into force at the end of the period of 12 months beginning with the day on which this Act is passed.

(5) The Secretary of State may by order provide—

(a) for paragraphs 17 and 18 of Schedule 4 to come into force before the time appointed by subsection (4),

(b) for paragraph 28 of Schedule 5 to come into force before the time appointed by that subsection,

(c) for any of the provisions of Part III of this Act so far as they relate to police authorities in Wales to come into force before the time appointed by that subsection, or

(d) for any of the other provisions mentioned in that subsection to come into force in relation to England before the time appointed by that subsection.

(6) The National Assembly for Wales may by order provide—

(a) for paragraph 28 of Schedule 5 to come into force before the time appointed by subsection (4), or

(b) for any of the other provisions mentioned in that subsection to come into force in relation to Wales before the time appointed by that subsection.

(7) An order under subsection (3), (5) or (6) may appoint different days for different purposes.

Subordinate Legislation Made

P1 S. 108(3)(7) power partly exercised (W.): 1.8.2001 appointed for specified provisions by S.I. 2001/2684, art. 2

S. 108(3)(7) power partly exercised (W.): 30.6.2002 appointed for specified provisions by S.I. 2002/1359, art. 2

S. 108(3)(7) power partly exercised: 27.7.2002 appointed for specifed provisions by S.I. 2002/1718, art. 2

P2 S. 108(5)(7) power partly exercised: different dates appointed for specified provisions by S.I. 2000/2187, arts. 2, 3

S. 108(5)(7) power partly exercised: 18.10.2000 appointed for specified provisions by S.I. 2000/2836, art. 2

S. 108(5)(7) power partly exercised: 26.10.2000 appointed for specified provisions by S.I. 2000/2849, art. 2

S. 108(5)(7) power partly exercised: 19.12.2000 appointed for specified provisions and purposes by S.I. 2000/3335, art. 2

S. 108(5)(7) power partly exercised: 19.2.2001 appointed for specified provisions by S.I. 2001/415, art. 2

P3 S. 108(5)(d) power partly exercised: 25.8.2000 appointed for specified provisions by S.I. 2000/2420, art. 2

P4 S. 108(6) power partly exercised: 1.11.2000 appointed for specified provisions by S.I. 2000/2948, art. 2

S. 108(6) power partly exercised: 9.4.2001 appointed for specified provisions by S.I. 2001/1471, art. 2

Marginal Citations

M40 1996 c. 56.

M41 1972 c. 70.

M42 1974 c. 7.

M43 1985 c. 51.

M44 1985 c. 67.

M45 1986 c. 60.

M46 1989 c. 42.

M47 1992 c. 14.

M48 1994 c. 19.

M49 1994 c. 29.

M50 1995 c. 25.

M51 1996 c. 16.

M52 1997 c. 50.

M53 1998 c. 18.

M54 1999 c. 29.

109 Short title and extent. U.K.

(1) This Act may be cited as the Local Government Act 2000.

(2) Subject to subsections (3) and (4), this Act extends to England and Wales only.

(3) Sections 94 to 96, 105 and 108 extend also to Scotland.

(4) This section, paragraphs 17 and 18 of Schedule 4 and paragraph 28 of Schedule 5 extend also to Scotland and Northern Ireland.

SCHEDULES

Section 9GB

[F655 SCHEDULE A1 U.K. Executive arrangements in England: further provision

Textual Amendments

F655 Sch. A1 inserted (3.12.2011 for specified purposes, 9.3.2012 for the insertion of Sch. A1 paras. 1, 5 so far as not already in force, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 2; S.I. 2011/2896, art. 2(e); S.I. 2012/628, art. 2(a); S.I. 2012/1008, art. 4(b)

Mayor and cabinet executives U.K.

1 (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and cabinet executive. U.K.

(2) Subject to section 9C(5), 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 9C(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 the elected mayor's deputy (referred to in this paragraph as the deputy mayor).

(4) Subject to sub-paragraph (5), the person who is appointed deputy mayor, unless the person 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 the elected mayor 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 to be deputy mayor.

(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 the elected mayor's 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 the elected mayor's place.

Leader and cabinet executives (England) U.K.

2 (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a leader and cabinet executive (England). U.K.

(2) Subject to section 9C(5), 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 9C(3)(b).

(3) The executive arrangements must include provision which requires the executive leader to appoint one of the members of the executive to be the executive leader's deputy (referred to in this paragraph as the deputy executive leader).

(4) Subject to sub-paragraph (5), the person who is appointed deputy executive leader, unless the person resigns as deputy executive leader or ceases to be a member of the authority, is to hold office until the end of any term of office of the executive leader (where the executive arrangements provide for such a term).

(5) The executive leader may, if the executive leader 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 to be deputy executive leader.

(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 the executive leader's 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 the executive leader's place.

Modifications etc. (not altering text)

C194 Sch. A1 para. 2 excluded in part (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 6(8)

C195 Sch. A1 para. 2 excluded in part by S.I. 2019/957, art. 6A(12) (as inserted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 5)

C196 Sch. A1 para. 2 excluded in part by S.I. 2020/156, art. 7(22) (as substituted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)

C197 Sch. A1 para. 2(7) modified by S.I. 2019/957, art. 6A(13) (as inserted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 5)

Procedure U.K.

3 U.K. Executive 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.

Meetings of executives and executive committees U.K.

4 U.K. A 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.

[F656 Attendance of police and crime commissioner at meetings U.K.

Textual Amendments

F656 Sch. A1 para. 4A and cross-heading inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 7(9), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 3

4A (1) A relevant police and crime commissioner may attend, speak at and vote at— U.K.

(a) a meeting of an executive of a local authority which is a fire and rescue authority, or

(b) a meeting of a committee of such an executive.

(2) Sub-paragraph (1) applies—

(a) only if and to the extent that the business of the meeting relates to the functions of the authority as a fire and rescue authority, and

(b) only if the executive has consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so.

(3) If a request under sub-paragraph (2)(b) is made to an executive of a local authority, the executive must—

(a) consider the request,

(b) give reasons for its decision to agree to or refuse the request, and

(c) publish those reasons in such manner as it thinks appropriate.

(4) In this paragraph “relevant police and crime commissioner” means a police and crime commissioner—

(a) whose area is the same as, or contains all of, the area of the local authority, or

(b) all or part of whose area falls within the area of the local authority.]

Mayor's assistant U.K.

5 (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. U.K.

(2) Regulations under this paragraph may, in particular, include provision with respect to the terms and conditions of appointment of an assistant.

Overview and scrutiny committees: education functions U.K.

6 (1) In paragraphs 7 and 8 “relevant authority” means a local authority which has education functions. U.K.

(2) Paragraphs 7 and 8 apply to an overview and scrutiny committee of a relevant authority if the committee's functions under section 9F relate wholly or partly to any education functions which are the responsibility of the authority's executive.

(3) Paragraph 7 and 8 also apply to a sub-committee of an overview and scrutiny committee of a relevant authority if the sub-committee's functions under section 9FA relate wholly or partly to any education functions which are the responsibility of the authority's executive.

7 (1) In the case of a relevant authority that maintains 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. U.K.

(2) A person is a qualifying person for the purposes of sub-paragraph (1) if the person 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.

(3) In the case of a relevant authority that maintains 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.

(4) A person is a qualifying person for the purposes of sub-paragraph (3) if the person is nominated by the bishop of any Roman Catholic diocese which falls wholly or partly in the authority concerned's area.

(5) A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (1) or (3) 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.

(6) The Secretary of State may by directions to a relevant 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.

(7) Directions under sub-paragraph (6) may make provision with respect to the voting rights of persons appointed in accordance with such directions.

8 (1) 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. U.K.

(2) 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.

(3) Regulations under this paragraph may also make provision—

(a) enabling the Secretary of State to determine, where the Secretary of State 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 (1) 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.

9 U.K. The following provisions of the Education 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 local authorities etc are in default),

are to apply to the performance of any duty imposed on a local authority by virtue of paragraphs 6 to 8 as they apply to the performance by a local authority of a duty imposed by that Act.

10 (1) Except for the expression “local authority”, expressions used in paragraphs 6 to 9 and the School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act. U.K.

(2) In paragraphs 6 and 7 “education functions” has the meaning given by section 579(1) of the Education Act 1996.

Overview and scrutiny committees: voting rights of co-opted members U.K.

11 (1) A local authority may permit a co-opted member of an overview and scrutiny committee of the authority to vote at meetings of the committee. U.K.

(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.

Modifications etc. (not altering text)

C198 Sch. A1 paras. 11-13 applied (with modifications) by 2006 c. 41, s. 247A(3)(d) (as inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 78; S.I. 2012/1008, art. 4(b))

12 (1) The Secretary of State may by regulations make provision about the exercise of the powers under paragraph 11. U.K.

(2) Regulations under sub-paragraph (1) may, in particular, require schemes for the purposes of paragraph 11 (“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 the person should be entitled to vote, and

(iii) the proposed duration of the person's 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.

Modifications etc. (not altering text)

C198 Sch. A1 paras. 11-13 applied (with modifications) by 2006 c. 41, s. 247A(3)(d) (as inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 78; S.I. 2012/1008, art. 4(b))

C199 Sch. A1 para. 12 applied (4.5.2012) by The Local Authorities (Committee System) (England) Regulations 2012 (S.I. 2012/1020), regs. 1, 11(5)

13 (1) A local authority which makes a scheme for the purposes of paragraph 11 must, 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. U.K.

(2) If a local authority makes a scheme for the purposes of paragraph 11, 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) must—

(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) must—

(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) must record the revocation.]

Modifications etc. (not altering text)

C198 Sch. A1 paras. 11-13 applied (with modifications) by 2006 c. 41, s. 247A(3)(d) (as inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 78; S.I. 2012/1008, art. 4(b))

Section 23.

SCHEDULE 1 E+W Executive arrangements [F657 in Wales]: further provision

Textual Amendments

F657 Words in Sch. 1 heading inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(1)(2); S.I. 2012/1008, art. 4(b)

Mayor and cabinet executives E+W

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) [F658 and (8ZA)], 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) [F659 The] deputy mayor is entitled to the style of “dirprwy faer”.

Textual Amendments

F658 Words in Sch. 1 para. 1(2) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 7 para. 5(2); S.I. 2021/231, art. 6(u)

F659 Word in Sch. 1 para. 1(9) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(1)(3); S.I. 2012/1008, art. 4(b)

Commencement Information

I72 Sch. 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)

F660 ... E+W

Textual Amendments

F660 Sch. 1 para. 1A and cross-heading repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(4), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F660 1A E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F661 Leader and cabinet executives (Wales)] E+W

Textual Amendments

F661 Sch. 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 [F662 leader 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).

[F663 (2A) The executive arrangements must include provision under which two or more councillors may be elected by the authority to share office as executive leader; and references in any enactment to an executive leader include executive leaders elected by virtue of that provision.]

(3) Subject to section 11(8) [F664 and (8ZA)], 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 M55 Local Government Act 1972 does not apply to the function of determining the number of councillors under [F665 sub-paragraph (3)(a).]

Textual Amendments

F662 Words 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)

F663 Sch. 1 para. 2(2A) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 7 para. 5(3)(a); S.I. 2021/231, art. 6(u)

F664 Words in Sch. 1 para. 2(3) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 7 para. 5(3)(b); S.I. 2021/231, art. 6(u)

F665 Words 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

I73 Sch. 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

M55 1972 c. 70.

[F666 Appointment of councillors to executive to share the same position E+W

Textual Amendments

F666 Sch. 1 paras. 2A, 2B and cross-headings inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 7 para. 5(4); S.I. 2021/231, art. 6(u)

2A E+W Executive arrangements by a local authority must include provision under which two or more councillors may be appointed to the executive to share office.

Voting and quorum where members of executive share their position E+W

2B (1) This paragraph applies where two or more councillors of a local authority are— E+W

(a) appointed to a mayor and cabinet executive to share office,

(b) appointed to a leader and cabinet executive (Wales) to share office, or

(c) elected to share office as executive leader of a leader and cabinet executive (Wales).

(2) The members of the executive who share the same office have between them one vote in respect of any matter on which they have a right to vote because they are a member of the executive.

(3) Where any meeting is attended by more than one of the members who share the same office and those members are attending in their capacity as a member of the executive, they together count only as one person for the purpose of determining whether the meeting is quorate.]

Mayor and council manager executives E+W

3 [F667 (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 [F668 sub-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.

[F669 (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 M56 Local 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 M57 Local 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 M58 Local 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

F667 Sch. 1 para. 3 repealed (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 34(6), 178(2), Sch. 4 Pt. B

F668 Words 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)

F669 Sch. 1 para. 3(12A) inserted (E.) (18.5.2001) by S.I. 2001/1517, art. 6(2)(b)

Commencement Information

I74 Sch. 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

M56 1989 c. 42.

M57 1972 c. 70.

M58 1989 c. 42.

[F670 Assistants to the executive E+W

Textual Amendments

F670 Sch. 1 para. 3A inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 57(2), 175(7); S.I. 2021/231, art. 6(j)

3A (1) Executive arrangements by a local authority may make provision for councillors of the authority to be appointed to assist the executive in discharging functions which are the responsibility of the executive. E+W

(2) Such a councillor is referred to in this Schedule as an assistant to the executive of the authority.

(3) Assistants to the executive of an authority are to be appointed—

(a) in the case of an authority operating a mayor and cabinet executive, by the elected mayor;

(b) in the case of an authority operating a leader and cabinet executive (Wales), by the executive leader or the authority.

(4) Executive arrangements which make provision for the appointment of assistants to an executive may include provision about—

(a) the number of assistants that may be appointed,

(b) their term of office, and

(c) their responsibilities.

(5) The assistants to the executive of a local authority may not include—

(a) the chairman and vice-chairman of the authority;

(b) the presiding member and deputy presiding member of the authority (if the authority has a presiding member).

(6) An assistant to the executive of an authority is not a member of the executive of the authority.

(7) Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to a local authority's function of making appointments under sub-paragraph (3)(b).]

Procedure E+W

4 E+W Executive 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

I75 Sch. 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)

Meetings of executives and executive committees E+W

5 [F671 (1) An assistant to the executive of a local authority is entitled to attend, and speak at, any meeting of the executive or of a committee of the executive.] W

[F672 (2)] A member of a local authority who is [F673 neither a member of the authority's executive nor an assistant to the 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.

Textual Amendments

F671 Sch. 1 para. 5(1) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 57(3)(a), 175(7); S.I. 2021/231, art. 6(j)

F672 Sch. 1 para. 5 renumbered as Sch. 1 para. 5(2) (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 57(3)(a), 175(7); S.I. 2021/231, art. 6(j)

F673 Words in Sch. 1 para. 5(2) substituted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 57(3)(b), 175(7); S.I. 2021/231, art. 6(j)

Commencement Information

I76 Sch. 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)

Mayor’s assistant E+W

6 (1) The [F674 Welsh Ministers] 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).

Textual Amendments

F674 Words in Sch. 1 para. 6(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(5); S.I. 2012/1008, art. 4(b)

Commencement Information

I77 Sch. 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)

Overview and scrutiny committees: education functions E+W

F675 7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F675 Sch. 1 para. 7 repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(6), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

8 (1) In this paragraph “relevant F676 ... authority” means a local authority F677 ... [F678 which has education functions]. E+W

(2) This paragraph applies to an overview and scrutiny committee of a relevant F679 ... 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 F680 ... 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 [F681 Welsh Ministers] 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 [F682 Welsh Ministers] may by directions to a relevant F683 ... 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

F676 Word in Sch. 1 para. 8(1) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(7)(a)(i), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F677 Words in Sch. 1 para. 8(1) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(7)(a)(ii), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F678 Words 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)

F679 Word in Sch. 1 para. 8(2) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(7)(b), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F680 Word in Sch. 1 para. 8(3) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(7)(b), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F681 Words in Sch. 1 para. 8(4) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(7)(c); S.I. 2012/1008, art. 4(b)

F682 Words in Sch. 1 para. 8(7) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(7)(c); S.I. 2012/1008, art. 4(b)

F683 Word in Sch. 1 para. 8(7) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(7)(b), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

Commencement Information

I78 Sch. 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 [F684 which 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 [F685 Welsh Ministers] 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 [F686 Welsh Ministers consider] appropriate.

(6) Regulations under this paragraph may also make provision—

(a) enabling the [F687 Welsh Ministers] to determine, where [F688 they consider] 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 [F689 Welsh Ministers make] any such determination, with such modifications as may be prescribed.

Textual Amendments

F684 Words 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)

F685 Words in Sch. 1 para. 9(4) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(8)(a); S.I. 2012/1008, art. 4(b)

F686 Words in Sch. 1 para. 9(5)(f) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(8)(b); S.I. 2012/1008, art. 4(b)

F687 Words in Sch. 1 para. 9(6)(a) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(8)(c)(i); S.I. 2012/1008, art. 4(b)

F688 Words in Sch. 1 para. 9(6)(a) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(8)(c)(ii); S.I. 2012/1008, art. 4(b)

F689 Words in Sch. 1 para. 9(6)(b) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(8)(d); S.I. 2012/1008, art. 4(b)

Commencement Information

I79 Sch. 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)

[F690 10 E+W Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) applies to the performance of any duty imposed on a local authority by virtue of paragraph 8 or 9 as it applies to the performance by a local authority of a duty that is an education function but as if—

(a) the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act; an

(b) sections 24 to 27 of that Act did not apply.]

Textual Amendments

F690 Sch. 1 para. 10 substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 5(2); S.I. 2014/178, art. 2(f) (with art. 3)

11 E+W Except for the expression “local authority”, expressions used in paragraphs [F691 8] to 10 and the M59 School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act.

Textual Amendments

F691 Word in Sch. 1 para. 11 substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(10); S.I. 2012/1008, art. 4(b)

Commencement Information

I80 Sch. 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

M59 1998 c. 31.

[F692 11A. E+W In paragraphs [F693 8 and] [F694 10] “education functions” has the meaning given by section 579(1) of the Education Act 1996.]

Textual Amendments

F692 Sch. 1 para. 11A inserted (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(4)

F693 Words in Sch. 1 para. 11A substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(11); S.I. 2012/1008, art. 4(b)

F694 Word in Sch. 1 para. 11A substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 5(3); S.I. 2014/178, art. 2(f) (with art. 3)

F695 ... E+W

Textual Amendments

F695 Sch. 1 paras. 12-14 and cross-heading repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(12), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F695 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F695 13 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F695 14 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 42.

SCHEDULE 2 E+W Election of elected mayor

Modifications etc. (not altering text)

C200 Sch. 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.)

Application E+W

1 E+W This Schedule applies where there are three or more candidates to be an elected mayor of a local authority [F696 in Wales].

Textual Amendments

F696 Words in Sch. 2 para. 1 inserted (26.10.2022) by Elections Act 2022 (c. 37), ss. 13(11), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)

Commencement Information

I81 Sch. 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)

Candidate with overall majority of first preference votes E+W

2 E+W If 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

I82 Sch. 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)

No candidate with overall majority of first preference votes E+W

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)

C201 Sch. 2 para. 3(6) applied (1.2.2002) by S.I. 2002/185, reg. 47(1)

C202 Sch. 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.)

C203 Sch. 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

I83 Sch. 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.

SCHEDULE 3 E+W Amendments to the 1972 Act

1 (1) Section 2 of the M60 Local 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

I84 Sch. 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

M60 1972 c. 70.

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

I85 Sch. 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

I86 Sch. 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

I87 Sch. 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

I88 Sch. 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

I89 Sch. 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

I90 Sch. 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

I91 Sch. 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

I92 Sch. 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

I93 Sch. 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

I94 Sch. 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

I95 Sch. 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—

“ Modifications of preceding provisions E+W

5A Where 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.

5B Where 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.

5C The council shall consist of an elected mayor, a chairman and councillors.

5D Paragraphs 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”.

5E 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 chairman of the council.

5F Paragraphs 2(2) to (4) and 3 above shall have effect as if for any reference to “mayor” there were substituted “chairman”.

5G Paragraph 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.

5H Paragraph 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.”

5I Paragraphs 5(4) above shall have effect as if for the expression “ deputy mayor” there were substituted “vice-chairman”.”

Commencement Information

I96 Sch. 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

I97 Sch. 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.

F697 SCHEDULE 4 U.K. Standards Board for England

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

Textual Amendments

F697 Sch. 4 repealed (31.1.2012 for the purpose of the repeal of Sch. 4 paras. 2(1)(b)-(e), 3, 4 and 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 53, Sch. 25 Pt. 5 (with Sch. 4 para. 59(5)); S.I. 2012/57, art. 5(1)(a)(c)(2)(p) (with arts. 6, 8); S.I. 2012/628, art. 6(h), (with arts. 9, 11, 14, 15, 17)

Section 107.

SCHEDULE 5 U.K. Minor and Consequential Amendments

Children and Young Persons Act 1933 (c. 12) E+W

1 E+W In 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

I98 Sch. 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)

2 E+W In 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

I99 Sch. 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)

Local Authority Social Services Act 1970 (c. 42) E+W

3 E+W In 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

I100 Sch. 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)

4 E+W In 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

I101 Sch. 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)

5 E+W In section 13 of that Act (orders and regulations), in subsection (3), for “ 2(2)” there is substituted “ 1A ”.

Commencement Information

I102 Sch. 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)

6 E+W In section 15 of that Act (citation, interpretation etc), in subsection (2), for “3” there is substituted “ 1A ”.

Commencement Information

I103 Sch. 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)

7 E+W In Schedule 1 to that Act (enactments conferring functions assigned to social services committees) after the entry relating to the M61 Housing 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

I104 Sch. 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

M61 1985 c. 68.

Local Government Act 1972 (c. 70) E+W

8 E+W In 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.

Commencement Information

I105 Sch. 5 para. 8 in force at 22.5.2012 by S.I. 2012/1358, art. 2(a)

9 E+W In 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

I106 Sch. 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)

10 E+W In 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

I107 Sch. 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)

11 E+W In 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

I108 Sch. 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)

12 E+W Sections 94 to 98 of that Act (restrictions on voting) cease to have effect.

Commencement Information

I109 Sch. 5 para. 12 in force at 22.5.2012 by S.I. 2012/1358, art. 2(a)

13 E+W Section 105 of that Act (disability for voting on account of interest in contracts etc) ceases to have effect.

Commencement Information

I110 Sch. 5 para. 13 in force at 22.5.2012 by S.I. 2012/1358, art. 2(a)

Local Government Act 1974 (c. 7) E+W

F698 14 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F698 Sch. 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

I111 Sch. 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)

15 E+W In 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.

Commencement Information

I112 Sch. 5 para. 15 in force at 22.5.2012 by S.I. 2012/1358, art. 2(a)

Adoption Act 1976 (c. 36) E+W

F699 16 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F699 Sch. 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

I113 Sch. 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)

National Health Service Act 1977 (c. 49) E+W

F700 17 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F700 Sch. 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

I114 Sch. 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)

Registered Homes Act 1984 (c. 23) E+W

18 E+W In 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

I115 Sch. 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)

Children Act 1989 (c. 41) E+W

19 E+W In 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

I116 Sch. 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)

20 E+W In 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

I117 Sch. 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)

F701 21 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F701 Sch. 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

I118 Sch. 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)

22 E+W In 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

I119 Sch. 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)

23 E+W In 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

I120 Sch. 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)

Local Government and Housing 1989 (c. 42) E+W

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 M62 Greater 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 M63 Local 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.”

Marginal Citations

M62 1999 c. 29.

M63 1974 c. 7.

25 E+W Section 19 of that Act (members’ interests) ceases to have effect.

Commencement Information

I121 Sch. 5 para. 25 in force at 22.5.2012 by S.I. 2012/1358, art. 2(a)

26 E+W Sections 31 and 32(1) of that Act (National Code of Local Government Conduct) are omitted.

Commencement Information

I122 Sch. 5 para. 26 in force at 22.5.2012 by S.I. 2012/1358, art. 2(a)

27 E+W Sections 33 to 35 of that Act (economic development and discretionary expenditure by local authorities) cease to have effect.

Tribunals and Inquiries Act 1992 (c. 53) U.K.

28 U.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

I123 Sch. 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)

Audit Commission Act 1998 (c. 18) E+W

F702 29 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F702 Sch. 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

I124 Sch. 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)

F703 30 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F703 Sch. 5 para. 30 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

Greater London Authority Act 1999 (c. 29) E+W

31 E+W In 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

I125 Sch. 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)

32 E+W Section 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

I126 Sch. 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)

33 E+W In 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

I127 Sch. 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)

34 E+W Section 66 of that Act (the Secretary of State’s guidance on ethical standards) ceases to have effect.

Commencement Information

I128 Sch. 5 para. 34 in force at 22.5.2012 by S.I. 2012/1358, art. 2(a)

Section 107.

SCHEDULE 6 E+W Repeals

Commencement Information

I129 Sch. 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)

I130 Sch. 6 in force for specified purposes at 22.5.2012 by S.I. 2012/1358, 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.