The Plymouth City Council Act 1987 (Modification) Order 2000

Modification of section 25 of the Plymouth City Council Act 1987

2.  Where the functions of the Council under Part III (Cottonian Collection) of the Plymouth City Council Act 1987(1) are the responsibility of the executive of the Council under executive arrangements(2) section 25 (Cottonian Representatives) of that Act shall have effect as if for subsections (1) and (2), there were substituted the following subsections—

“(1) The Council shall manage the Cottonian Collection.

(2) Where the management of the Cottonian Collection is for the time being the responsibility of the executive of the Council in accordance with provisions made by or under Part II (arrangements with respect to executives etc.) of the Local Government Act 2000 (“the 2000 Act”), an overview and scrutiny committee, or sub-committee, to which subsection (2A) applies must, subject to section 21(9) of the 2000 Act, include the persons who are for the time being the Cottonian Representatives.

(2A) This subsection applies to—

(a) an overview and scrutiny committee of the Council if the committee’s functions under section 21 (overview and scrutiny committees) of the 2000 Act relate wholly or partly to the Cottonian Collection; and

(b) a sub-committee of an overview and scrutiny committee of the Council if the sub-committee’s functions under that section relate wholly or partly to the Cottonian Collection.

(2B) A person who is a member of an overview and scrutiny committee or sub-committee by virtue of subsection (2) is to be entitled to vote at a meeting of the committee or sub-committee on any question—

(a) which relates to the Cottonian Collection, and

(b) which falls to be decided at the meeting.

(2C) In relation to a person who is a member of an overview and scrutiny committee or sub-committee by virtue of subsection (2) of this section, subsection (10) of section 21 of the 2000 Act (voting rights of persons who are not members of the authority) shall apply as if, for the words “subject to any provision made by or under paragraphs 7 to 9 of Schedule 1”, there were substituted the words “subject to section 2(2B) of the Plymouth City Council Act 1987”.

(2D) The proceedings of any overview and scrutiny committee or sub-committee to which subsection (2A) applies shall not be invalidated by reason of a vacancy within the Cottonian Representatives.

(2E) In subsection (2)—

• “executive” shall be construed in accordance with section 11 (local authority executives) of the 2000 Act; and

• “overview and scrutiny committee” has the meaning given by section 21(1) of that Act.”

(1)

1987 c. iv.

(2)

See regulation 3 of, and paragraph 1 of Schedule 2 to, the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (S.I. 2000/2853).