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Local Government Act 1972

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177 Provisions supplementary to sections 173 to 176. E+W

[F1X1(1)Sections 173 to 175 above shall apply to the following bodies—

(a)all local authorities;

(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

[F4(ac)a joint authority;]

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(c)local valuation panels established by schemes for the time being in force for any area for the purposes of section 88 of the M1General Rate Act 1967;

(d)any joint committee of two or more local authorities, whether appointed or established under Part VI of this Act or any other enactment;

(e)any joint board, . . . F6 or other combined body, all the members of which are representatives of local authorities; and

(f)any body prescribed for the purposes of those sections and on which any such body as is mentioned in any of the foregoing paragraphs is represented.]

[F1(1)Subject to paragraph 4 of Schedule 2 to the Education Act 1980 (application of certain allowances to appeal committees), sections 174 and 175 above apply—

(a)to the bodies specified in section 21(1) of the Local Government and Housing Act 1989, except—

(i)the Common Council;

(ii)a body established pursuant to an order under section 67 of the Local Government Act 1985 (successors to residuary bodies); and

(iii)without prejudice to section 265 below, the Council of the Isles of Scilly;

(b)to any prescribed body on which a body to which those sections apply by virtue of paragraph (a) above is represented; and

(c)to any parish or community council.]

[F7X2(2)In sections 173, 174 and 176 above the expression “approved duty”, in relation to a member of a body, means any of the following duties, that is to say—

(a)attendance at a meeting of the body, or of any of its committees or sub-committees;

(b)the doing of any other thing approved by the body, or anything of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the body, or of any of its committees or sub-committees;

(c)where, in pursuance of a duty imposed on or a power granted to the body by any enactment or instrument (including a Royal Charter), he has been appointed by or on the nomination of the body to be a member of some other body prescribed for the purposes of this paragraph (whether or not that other body falls within any of [F8paragraphs [F9(ac)] to (f) of subsection (1) above]), the doing of anything as a member of that other body for the purpose of, or in connection with, the discharge of the functions of that other body.]

[F7(2)In sections 173 to 176 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.]

[F10(2A)References in section 173 and 173A above to a local authority and a councillor include references—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(b)to a joint authority and a member of the authority appointed by one of the authority’s constituent councils;

and in relation to such a member of a joint authority the references in section 173A(3) to his election shall be construed as references to his appointment.]

(3)For the purposes of sections 173 to 176 above [F12(but not for the purposes of subsection (2A) above)] a member of a committee or sub-committee of a local authority or other body mentioned in subsection (1) above shall be deemed to be a member of that body.

(4)Section 94(5) above shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 173 to 176 above [F13or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989].

[F14(5)In their application to their Broads Authority, sections 173(1) and 173A shall have effect as if—

(a)references to a councillor were references to a member of the Authority appointed by one of the bodies mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988; and

(b)references to a person’s election were references to his appointment.]

Editorial Information

X1S. 177(1) commencing “Subject to paragraph 4” substituted (prosp.) for s. 177(1) commencing “Sections 173 to 175” by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 194(1), 195(2) Sch. 11 para. 28(2)

X2S. 177(2) commencing “In sections 173 to 176 above” substituted (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, otherwiseprosp.) for s.177(2) commencing “In sections 173, 174 and” by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 194(1), 195(2), Sch. 11 para. 28(3)

Textual Amendments

F1S. 177(1) commencing “Subject to paragraph 4” substituted (prosp.) for s. 177(1) commencing “Sections 173 to 175” by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 194(1), 195(2) Sch. 11 para. 28(2)

F7S. 177(2) commencing “In sections 173 to 176 above” substituted (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, otherwiseprosp.) for s.177(2) commencing “In sections 173, 174 and” by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 194(1), 195(2), Sch. 11 para. 28(3)

F11S. 177(2A)(a) repealed by Education Reform Act 1988 (c. 40, SIF 41:1). ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Modifications etc. (not altering text)

C1S. 177 modified by 1985/1884, art. 10, Sch. 3 para. 3(b)

Marginal Citations

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