The Relevant Authorities (Standards Committee) (Dispensations) Regulations 2002

Circumstances in which dispensations may be granted

3.—(1) The authority’s standards committee may, subject to paragraph (2) below, grant a dispensation to a member in the following circumstances—

(a) the transaction of business of the authority would, on each occasion on which the dispensation would apply, otherwise be impeded by, or as a result of, the mandatory provisions because—

(i) the number of members of the authority that are prohibited from participating in the business of the authority exceeds 50% of those members that are entitled or required to so participate; or

(ii) the authority is not able to comply with any duty which applies to it under section 15(4) of the Local Government and Housing Act 1989(1);

(b) the member has submitted to the standards committee a written request for a dispensation explaining why it is desirable; and

(c) the standards committee concludes that having regard to the matters mentioned in paragraph (a) above, the content of the application made pursuant to paragraph (b) above, and to all the other circumstances of the case, it is appropriate to grant the dispensation.

(2) Nothing in sub-paragraph (1) above shall permit a dispensation to be granted—

(a) in respect of participation in business of the authority conducted more than four years after the date on which the dispensation is granted; or

(b) where the effect of the mandatory provisions from which a dispensation is sought is that—

(i) a member is prohibited from participating in the consideration of a matter at a meeting of an overview and scrutiny committee of the authority, or sub-committee of that committee, where that consideration relates to any decision made or action taken by any other of the authority’s committees, sub-committees, joint committees, or joint sub-committees of which he may also be a member; or

(ii) a member of the authority’s executive(2) is prohibited from exercising functions which are the responsibility of the executive of the authority and which would otherwise be discharged by him solely.

(1)

1989 c. 42. Section 15 has been modified by the Local Government (Committees and Political Groups) Regulations 1990 (S.I. 1990/1552).

(2)

Part II of the Act makes provision for executive arrangements for county councils, district councils, and London borough councils. Sections 14 to 16 make provision for individuals to exercise functions which are the responsibility of an executive.