C4C5C16C24 Part I Local Authority Members, Officers, Staff and Committees etc.
Pt. 1 (ss. 1-21): extended (E.) (6.5.2002) by The Local Authorities (Elected Mayor and Mayor's Assistant) (England) Regulations 2002 (S.I. 2002/975), regs. 1(2), 3(6)
Pt. 1 functions made exercisable by joint standards committees (E.) (15.6.2009) by The Standards Committee (Further Provisions) (England) Regulations 2009 (S.I. 2009/1255), regs. 1(1), 14
Pt. 1 applied (E.) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 23(4)
Duties of particular officers
C1C8C6C21C24C484C24 Designation and reports of head of paid service.
1
It shall be the duty of every relevant authority—
a
to designate one of their officers as the head of their paid service; and
b
to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow his duties under this section to be performed.
F371A
In the case of an elected local policing body, the body's chief executive is to be taken to have been designated as the head of the body's paid service (and, accordingly, subsection (1)(a) does not apply; but references to persons designated under this section include references to the body's chief executive).
C14C27C29C37C33C35C43C462
It shall be the duty of the head of a relevant authority’s paid service, where he considers it appropriate to do so in respect of any proposals of his with respect to any of the matters specified in subsection (3) below, to prepare a report to the authority setting out his proposals.
C14C27C29C37C33C35C43C463
Those matters are—
a
the manner in which the discharge by the authority of their different functions is co-ordinated;
b
the number and grades of staff required by the authority for the discharge of their functions;
c
the organisation of the authority’s staff; and
d
the appointment and proper management of the authority’s staff.
C14C27C29C37C33C35C43C464
It shall be the duty of the head of a relevant authority’s paid service, as soon as practicable after he has prepared a report under this section, to arrange for a copy of it to be F38sent—
a
in the case of an elected local policing body, to the body and to the police and crime panel for the body's police area; and
F48aa
in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—
i
which corresponds to the authority's area, or
ii
within which the area of the authority falls;
F55ab
in the case of the London Fire Commissioner, to the Commissioner;
b
in any other case, to each member of the authority.
C14C27C29C37C33C35C43C465
It shall be the duty of a relevant authority F39(other than an elected local policing body) to consider any report under this section by the head of their paid service at a meeting held not more than three months after copies of the report are first sent to members of the authority; and nothing in section 101 of the M1Local Government Act 1972 or in section 56 of F1, or Schedule 10 or 20 to, the M2Local Government (Scotland) Act 1973 (delegation) shall apply to the duty imposed by virtue of this subsection.
F405A
It shall be the duty of an elected local policing body to consider any report under this section by the head of the body's paid service, and to do so no later than three months after the body is sent a copy of the report.
F495B
It shall be the duty of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 to consider any report under this section by the head of the authority's paid service and to do so no later than three months after the authority is sent a copy of the report.
F565C
It shall be the duty of the London Fire Commissioner to consider any report under this section by the head of the Commissioner's paid service and to do so no later than three months after the Commissioner is sent a copy of the report.
C14C27C466
In this section “relevant authority”—
a
in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to (e) F47 and (ja) to (jc) of section 21(1) below F50, an elected local policing body F57, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner; and
b
in relation to Scotland, F2council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
7
This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.
C2C50C51C52C9C7C10C17C18C19C25C22C24C23C20C41C495C24 Designation and reports of monitoring officer.
C31
It shall be the duty of every relevant authority—
a
to designate one of their officers (to be known as “the monitoring officer”) as the officer responsible for performing the duties imposed by this section F3and, where relevant, section 5A below; and
b
to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow those duties F4and, where relevant, the duties under section 5A below to be performed;
F61A
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.
F421C
In the case of an elected local policing body, the body's chief executive is to be taken to have been designated as the monitoring officer (and, accordingly, subsection (1)(a) does not apply; but references to persons designated under this section include references to the body's chief executive).
C11C13C26C28C34C36C32C42C452
F7Subject to subsection (2B), it shall be the duty of a relevant authority’s monitoring officer, if it at any time appears to him that any proposal, decision or omission by the authority, by any committee, F8or sub-committee of the authority, by any person holding any office or employment under the authority or by any joint committee on which the authority are represented constitutes, has given rise to or is likely to or would give rise to—
a
F25aa
any such maladministration or failure as is mentioned in Part 3 of the Local Government Act 1974 (Local Commissioners), or
b
c
a matter which the Public Services Ombudsman for Wales would be entitled to investigate under the Public Services Ombudsman (Wales) Act 2005 F61or the Public Services Ombudsman (Wales) Act 2019,
to prepare a report to the authority with respect to that proposal, decision or omission.
C11C13C26C28C34C36C32C42C45F102A
No duty shall arise by virtue of subsection (2)(b) above unless a Local Commissioner (within the meaning of the M4Local Government Act 1974) has conducted an investigation under Part III of that Act in relation to the proposal, decision or omission concerned.
C11C13C26C28C34C36C32C42C45F212AA
No duty shall arise by virtue of subsection (2)(c) above unless the Public Services Ombudsman for Wales has conducted an investigation under the Public Services Ombudsman (Wales) Act 2005 F62or the Public Services Ombudsman (Wales) Act 2019 in relation to the proposal, decision or omission concerned.
C11C13C26C28C34C36C32C42C45F112B
Where a relevant authority are operating executive arrangements, the monitoring officer of the relevant authority shall not make a report under subsection (2) in respect of any proposal, decision or omission unless it is a proposal, decision or omission made otherwise than by or on behalf of the relevant authority’s executive.
C11C13C26C28C34C36C32C42C453
It shall be the duty of a relevant authority’s monitoring officer—
a
in preparing a report under this section to consult so far as practicable with the F12person who is for the time being designated as the head of the authority’s paid service under section 4 above and with their chief finance officer; and
F51aa
in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—
i
which corresponds to the authority's area, or
ii
within which the area of the authority falls;
F58ab
in the case of the London Fire Commissioner, to the Commissioner;
b
as soon as practicable after such a report has been prepared by him or his deputy, to arrange for a copy of it to be F43sent—
a
in the case of an elected local policing body, to the body and to the police and crime panel for the body's police area; and
b
in any other case, to each member of the authority F35and, in a case where the relevant authority have a mayor and council manager executive, to the council manager of the authority.
C26C28C34C36C32C42C45F283A
The references in subsection (2) above, in relation to a relevant authority in England, to a committee or sub-committee of the authority and to a joint committee on which they are represented shall be taken to include references to—
a
any inshore fisheries and conservation authority (“IFC authority”) the members of which include persons who are members of the relevant authority, and
b
any sub-committee appointed by such an authority;
but in relation to any such IFC authority or sub-committee the reference in subsection (3)(b) above to each member of the authority shall have effect as a reference to each member of the IFC authority or, as the case may be, of the IFC authority which appointed the sub-committee.
F314
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C11C13C26C28C34C36C32C42C455
It shall be the duty of a relevant authority F29and of any IFC authority falling within paragraph (a) of subsection (3A) aboveF32and of any such committee as is mentioned in subsection (4) above—
a
to consider any report under this section by a monitoring officer or his F44deputy—
i
in the case of an elected local policing body, no later than three months after the body is sent a copy of the report; and
F52ia
in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, no later than three months after the authority is sent a copy of the report;
F59ib
in the case of the London Fire Commissioner, no later than three months after the Commissioner is sent a copy of the report;
ii
in any other case, at a meeting held not more than twenty-one days after copies of the report are first sent to members of the authority F33or committee; and
b
without prejudice to any duty imposed by virtue of section 115 of the M5Local Government Finance Act 1988 (duties in respect of conduct involving contraventions of financial obligations) or otherwise, to ensure that no step is taken for giving effect to any proposal or decision to which such a report relates at any time while the implementation of the proposal or decision is suspended in consequence of the report;
C11C13C26C28C34C36C32C42C456
For the purposes of paragraph (b) of subsection (5) above the implementation of a proposal or decision to which a report under this section relates shall be suspended in consequence of the report until the end of the first business day after the day on which consideration of that report under paragraph (a) of that subsection is concluded.
C11C13C26C28C34C36C32C42C457
The duties of a relevant authority’s monitoring officer under this section shall be performed by him personally or, where he is unable to act owing to absence or illness, personally by such member of his staff as he has for the time being nominated as his deputy for the purposes of this section.
F207A
Subsection (7) above shall have effect subject to section 82A of the Local Government Act 2000 (monitoring officers: delegation of functions under Part 3 of that Act).
8
In this section F14and in section 5A—
“business day”, in relation to a relevant authority, means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or any day which is a bank holiday under the M8Banking and Financial Dealings Act 1971 in the part of Great Britain where the area of the authority is situated;
“chief finance officer”, in relation to a relevant authority, means the officer having responsibility, for the purposes of section 151 of the Local Government Act 1972, section 73 of the M9Local Government Act 1985, section 112 of the Local Government Finance Act 1988 F15, section 127(2) of the Greater London Authority Act 1999F45, Schedule 1 to the Police Reform and Social Responsibility Act 2011F53, section 4D(4) of the Fire and Rescue Services Act 2004 or section 6 below or for the purposes of section 95 of the Local Government (Scotland) Act 1973, for the administration of the authority’s financial affairs;
F34andF30“inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;
“relevant authority”—
a
in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to F16(k) of section 21(1) below F54, an elected local policing body F60, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner; and
b
in relation to Scotland, means a local authority.
F178A
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.
F468B
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 duties conferred on a monitoring officer by paragraph 38B of Schedule 12 to the Local Government Act 1972 (duties of monitoring officer for principal council in Wales in relation to polls consequent on community meetings).
9
This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.
5AF18 Reports of monitoring officer—local authorities operating executive arrangements
1
Where a relevant authority are operating executive arrangements, the monitoring officer of that authority shall be responsible for performing the duties imposed by this section.
C12C15C30C31C40C38C39C44C472
It shall be the duty of the monitoring officer of a relevant authority that is referred to in subsection (1) above, if at any time it appears to him that any proposal, decision or omission, in the course of the discharge of functions of the relevant authority, by or on behalf of the relevant authority’s executive, constitutes, has given rise to or is likely to or would give rise to any of the events referred to in subsection (3), to prepare a report to the executive of the authority with respect to that proposal, decision or omission.
C123
The events referred to for the purposes of subsection (2) are—
a
a contravention, by the relevant authority’s executive or any person on behalf of the executive, of any enactment or rule of law; or
b
c
a matter which the Public Services Ombudsman for Wales would be entitled to investigate under the Public Services Ombudsman (Wales) Act 2005 F63or the Public Services Ombudsman (Wales) Act 2019.
C124
No duty shall arise by virtue of subsection (3)(b) above unless a Local Commissioner (within the meaning of the Local Government Act 1974) has conducted an investigation under Part III of that Act in relation to the proposal, decision or omission concerned.
C12F234A
No duty shall arise by virtue of subsection (3)(c) above unless the Public Services Ombudsman for Wales has conducted an investigation under the Public Services Ombudsman (Wales) Act 2005 F64or the Public Services Ombudsman (Wales) Act 2019 in relation to the proposal, decision or omission concerned.
C12C15C30C38C39C44C475
It shall be the duty of an authority’s monitoring officer—
a
in preparing a report under subsection (2) to consult so far as practicable with the person who is for the time being designated as the head of the authority’s paid service under section 4 above and with their chief finance officer; and
b
as soon as practicable after such a report has been prepared by him or his deputy, to arrange for a copy of it to be sent to each member of the authority F36and, where the authority has a mayor and council manager executive, the council manager.
C126
It shall be the duty of the authority’s executive—
a
to consider any report under this section by a monitoring officer or his deputy at a meeting held not more than twenty-one days after copies of the report are first sent to members of the executive; and
b
without prejudice to any duty imposed by virtue of section 115B of the Local Government Finance Act 1988 (duties of executive as regards reports) or otherwise, to ensure that no step is taken for giving effect to any proposal or decision to which such a report relates at any time while the implementation of the proposal or decision is suspended in consequence of the report.
C127
For the purposes of paragraph (b) of subsection (6) above the implementation of a proposal or decision to which a report under this section, by a monitoring officer or his deputy, relates shall be suspended in consequence of the report until the end of the first business day after the day on which consideration of that report under paragraph (a) of that subsection is concluded.
8
As soon as practicable after the executive has concluded its consideration of the report of the monitoring officer or his deputy, the executive shall prepare a report which specifies—
a
what action (if any) the executive has taken in response to the report of the monitoring officer or his deputy;
b
what action (if any) the executive proposes to take in response to that report and when it proposes to take that action; and
c
the reasons for taking the action specified in the executive’s report or, as the case may be, for taking no action.
9
As soon as practicable after the executive has prepared a report under subsection (8), the executive shall arrange for a copy of it to be sent to each member of the authority and the authority’s monitoring officer.
10
The duties of an authority’s monitoring officer under this section shall be performed by him personally or, where he is unable to act owing to absence or illness, personally by such member of his staff as he has for the time being nominated as his deputy for the purposes of this section.
6 Officer responsible for financial administration of certain authorities.
1
On and after the commencement day the Common Council shall—
a
make arrangements for the proper administration of such of its financial affairs as relate to it in its capacity as a local authority, police authority or port health authority, and
b
secure that one of its officers has responsibility for the administration of those affairs.
2
Section 17 of the M10City of London Sewers Act 1897 (functions of the chamberlain of the City of London as regards financial affairs) shall cease to have effect on the commencement day.
3
On and after the commencement day the person having responsibility for the administration of certain of the financial affairs of the Common Council under subsection (1) above shall—
a
be a member of one or more of the bodies specified in subsection (5)below; or
b
be the person who immediately before that day was the chamberlain of the City of London; or
c
be a person who qualifies by virtue of section 113(2)(b) of the M11Local Government Finance Act 1988 (existing office holders) as a person who may be given responsibility for the financial affairs of an authority mentioned in section 111(2)(a) to (k) of that Act; or
d
fulfil two or more of those conditions.
4
On and after the commencement day the person having responsibility for the administration of the financial affairs of a new successor body under section 73 of the M12Local Government Act 1985 shall—
a
be a member of one or more of the bodies specified in subsection (5)below; or
b
be the person who immediately before that day had responsibility for the administration of the financial affairs of the body concerned under the said section 73; or
c
be a person who qualifies by virtue of section 113(2)(b) of the Local Government Finance Act 1988 (existing office holders) as a person who may be given responsibility for the financial affairs of an authority mentioned insection 111(2)(a) to (k) of that Act; or
d
fulfil two or more of those conditions.
5
The bodies referred to in subsections (3)(a) and (4)(a) above are—
a
the Institute of Chartered Accountants in England and Wales;
b
the Institute of Chartered Accountants of Scotland;
c
the Chartered Association of Certified Accountants;
d
the Chartered Institute of Public Finance and Accountancy;
e
the Institute of Chartered Accountants in Ireland;
f
the Chartered Institute of Management Accountants;
g
any other body of accountants established in the United Kingdom and forthe time being approved by the Secretary of State for the purposes of this section.
6
The Secretary of State may make regulations containing, as regards the Common Council and any new successor body to which section 73 of the M13Local Government Act 1985 applies, provisions equivalent to sections 114 to 116 of the M14Local Government Finance Act 1988 (reports etc.) subject to—
a
modifications to confine the provisions to the Common Council in its capacity as a local authority, police authority or port health authority; and
b
any other modifications the Secretary of State thinks fit;
and any such regulations may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate.
7
In this section—
“the commencement day” means the day on which this section comes into force;
“the Common Council” means the Common Council of the City of London;
“new successor body” means a body corporate established at any time by an order under section 67(3) of the Local Government Act 1985 (new body succeeding to residuary body’s functions).
8
This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.
Pt. 1 (ss. 1-21) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
Pt. 1 (ss. 1-21): 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 para. (j)(i); S.I. 1997/1930, art. 2(1)(2)(m) (subject to art. 2(3))
Pt. 1 (ss. 1-21): extended (E.W.) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 23, 108(4), Sch. 1 para. 3(13); S.I. 2000/2849, art. 2(c)