C15 Part VI Discharge of Functions
C1C2C3C4C5C16C21C22C23C25102 Appointment of committees.
C61
For the purpose of discharging any functions in pursuance of arrangements made under section 101 above F1orF2section 53 of the Children Act 1989—
a
a local authority may appoint a committee of the authority; or
C6b
two or more local authorities may appoint a joint committee of those authorities; or
C6c
any such committee may appoint one or more sub-committees.
F31A
For the purpose of discharging any function in pursuance of arrangements made under F7section 9E(2)(b)(iv), (3)(b), (4)(a) or (5)(a) of the Local Government Act 2000 F8or under regulations made under section 18 of that Act (discharge of functions by area committees)—
a
a local authority may appoint a committee of the authority; or
b
any such committee may appoint one or more sub-committees.
C7C8C9C6C10C11C12C19C17C242
Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) F4or (1A) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.
C9C6C243
A committee appointed under subsection (1) F4or (1A) above, other than a committee for regulating and controlling the finance of the local authority or of their area, may, subject to section 104 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, F5. . .
C244
A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities F6, or, where the appointing authority or each of the authorities operate executive arrangements, any executive of that or those authorities, or a committee or member of that executive, on any matter relating to the discharge of their functions, and any such committee—
a
may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and
b
may appoint one or more sub-committees to advise the committee with respect to any such matter.
C8C6C13C14C20C18C245
Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall upon ceasing to be a member of that authority also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.
F96
Subsection (7) applies in relation to—
a
a committee or sub-committee appointed by a local authority in England wholly or partly for the purposes of discharging functions of a fire and rescue authority,
b
a joint committee appointed by two or more local authorities in England wholly or partly for the purposes of discharging such functions, or
c
a sub-committee appointed by any such committee or joint committee wholly or partly for the purposes of discharging such functions.
7
A relevant police and crime commissioner may only be appointed to a committee or sub-committee to which this subsection applies in response to a request made by the commissioner to the appointing authority or authorities or, in the case of a sub-committee, to the appointing committee.
8
If a request under subsection (7) is made to an appointing authority or authorities or an appointing committee, they must—
a
consider the request,
b
give reasons for their decision to agree to or refuse the request, and
c
publish those reasons in such manner as they think appropriate.
9
A relevant police and crime commissioner may attend, speak at and vote at a meeting of a committee to which the commissioner is appointed in accordance with this section only if and to the extent that the business of the meeting relates to the functions of a fire and rescue authority.
10
Subsection (11) defines “relevant police and crime commissioner” for the purposes of this section in relation to—
a
a committee or sub-committee appointed by a local authority,
b
a joint committee appointed by two or more local authorities, or
c
a sub-committee appointed by a committee of a local authority or a joint committee of two or more local authorities.
11
For those purposes “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 that local authority or (as the case may be) one or more of those local authorities, or
b
all or part of whose area falls within the area of that local authority or (as the case may be) one or more of those local authorities.
Pt. VI (ss. 101-110): power conferred to make provisions about matters of the kind dealt with in this part (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(iv); S.I. 1997/1930, art. 2(1)(2)(m)