Local Government and Housing Act 1989

Voting rights of members of certain committees E+W+S

13 Voting rights of members of certain committees: England and Wales. E+W+S

(1) Subject to the following provisions of this section, a person who—

(a) is a member of a committee appointed under a power to which this section applies by a relevant authority and is not a member of that authority;

(b) is a member of a joint committee appointed under such a power by two or more relevant authorities and is not a member of any of those authorities; or

(c) is a member of a sub-committee appointed under such a power by such a committee as is mentioned in paragraph (a) or (b) above and is not a member of the relevant authority, or one of the relevant authorities, which appointed that committee,

shall for all purposes be treated as a non-voting member of thatcommittee, joint committee or, as the case may be, sub-committee.

(2) The powers to which this section applies are—

(a) the powers conferred on any relevant authority by subsection (1) of section 102 of the M1 Local Government Act 1972 (ordinary committees, joint committees and sub-committees);

(b) the powers exercisable by any relevant authority in accordance with any arrangements approved under paragraph 1 of Part II of Schedule 1 to the M2 Education Act 1944, by virtue of any order under paragraph 3 of that Part of that Schedule or by virtue of paragraph 10 of that Part of that Schedule (education committees, joint education committees and education sub-committees);

(c) the powers exercisable by any relevant authority for the purposes of section 2 of the M3 Local Authority Social Services Act 1970 (social services committees) or by virtue of section 4 of that Act (joint social services committees and sub-committees).

(3) Nothing in subsection (1) above shall require a person to be treated as a non-voting member of a committee or sub-committee falling within subsection (4) below; but, except—

(a) in the case of a sub-committee appointed by a committee falling within paragraph (e) of that subsection; and

(b) in such cases as may be prescribed by regulations made by the Secretary of State,

a person who is a member of a sub-committee falling within that subsection shall for all purposes be treated as a non-voting member of that sub-committee unless he is a member of the committee which appointed the sub-committee.

(4) A committee or sub-committee falls within this subsection if it is—

(a) a committee appointed for the purposes of section 2 or 3(4) of the M4 Police Act 1964 (constitution of a committee of a relevant authority as a police authority);

(b) a local fisheries committee for any sea fisheries district;

(c) a committee established in accordance with any regulations made by virtue of section 7 of the M5 Superannuation Act 1972 (regulations making provision for the superannuation of persons employed in local government service etc.);

(d) a National Parks Committee;

(e) a committee appointed under section 102(4) of the Local Government Act 1972 (appointment of advisory committees by local authorities);

(f) a committee constituted in accordance with Part I of Schedule 2 to the M6 Education Act 1980 (appeal committees for hearing school admissions appeals);

(g) a committee established exclusively for the purpose of discharging such functions of a relevant authority as may be prescribed by regulations made by the Secretary of State;

(h) a sub-committee appointed by a committee falling within any of paragraphs (a) to (g) above or such a sub-committee as is so prescribed.

(5) Nothing in this section shall prevent—

(a) any arrangements for the purposes of paragraph 1 of Part II of Schedule 1 to the M7 Education Act 1944 (education committees);

(b) any order under paragraph 3 of that Part (joint education committees and sub-committees of joint education committees); or

(c) any order under paragraph 10 of that Part (sub-committees of education committees),

from providing for a person who is not a member of a local education authority to be appointed as a voting member of an education committee or joint education committee, or of a sub-committee of such a committee or joint committee, in accordance with such provisions of the arrangements or order as are approved or made by the Secretary of State for the purpose of securing the representation on that committee, joint committee or sub-committee of persons who appoint foundation governors of voluntary schools in the area of the authority or, as the case may be, in the area of any of the authorities which have appointed the joint education committee.

(6) The Secretary of State may, if it appears to him appropriate to do so in consequence of the preceding provisions of this section, withdraw any approval given before the coming into force of this section in relation to any arrangements for the purposes of paragraph 1 of Part II of Schedule 1 to the said Act of 1944.

(7) Where a person is treated by virtue of this section as a non-voting member of any committee, joint committee or sub-committee, he shall not be entitled to vote at any meeting of the committee, joint committee or sub-committee on any question which falls to be decided at that meeting; and the reference insubsection (5) above to a voting member, in relation to any education committee or sub-committee of an education committee, is a reference to a person who is entitled to vote at any meeting of that committee or sub-committee on any question which falls to be decided at that meeting.

(8) In subsection (3) of section 102 of the M8 Local Government Act 1972, the words from “but at least” onwards (which require at least two-thirds of certain committees to be members of the appointing authority or authorities) shall be omitted.

(9) In this section—

• “foundation governors” has the same meaning as in the Education Act 1944; and

• “relevant authority” means a local authority of any of the descriptions specified in paragraphs (a) to (j) of section 21(1) below or any parish or community council;

and references in this section to voting include references to making use of a casting vote.

Marginal Citations

M1 1972 c. 70.

M2 1944 c. 31.

M3 1970 c. 42.

M4 1964 c. 48.

M5 1972 c. 11.

M6 1980 c. 20.

M7 1944 c. 31.

M8 1972 c. 70.

14 Voting rights of members of certain committees: Scotland. E+W+S

(1) Subject to the following provisions of this section, a person who—

(a) is a member of a committee appointed under subsection (1) of section 57of the M9 Local Government (Scotland) Act 1973 by a relevant authority and is not a member of that authority;

(b) is a member of a joint committee appointed under that subsection by two or more relevant authorities and is not a member of any of those authorities; or

(c) is a member of a sub-committee appointed under that subsection by such a committee as is mentioned in paragraph (a) or (b) above and is not a member of the relevant authority, or one of the relevant authorities, which appointed that committee,

shall for all purposes be treated as a non-voting member of that committee, joint committee or, as the case may be, sub-committee.

(2) Subject to the following provisions of this section, a person who—

(a) is a member of an education committee appointed under section 124 of the Local Government (Scotland) Act 1973 by an education authority and is not a member of that authority;

(b) is a member of a joint committee appointed under paragraph 7 of Schedule 10 to that Act by two or more education authorities and is not a member of any of these authorities; or

(c) is a member of a sub-committee appointed under paragraph 8 of that Schedule by an education committee or such a joint committee and is not a member of the education committee or, as the case may be, one of the education authorities which appointed the joint committee,

shall for all purposes be treated as a non-voting member of that committee, joint committee or, as the case may be, sub-committee.

(3) Subject to the following provisions of this section, a person who—

(a) is a member of a social work committee appointed under section 2 of the M10 Social Work (Scotland) Act 1968 by a local authority for the purposes of that Act and is not a member of that authority;

(b) is a member of a joint committee appointed under paragraph 6 of Schedule 20 to the Local Government (Scotland) Act 1973 by two or more such authorities and is not a member of any of those authorities; or

(c) is a member of a sub-committee appointed under paragraph 7 of that Schedule by a social work committee or such a joint committee and is not a member of the social work committee or, as the case may be, one of the local authorities which appointed the joint committee,

shall for all purposes be treated as a non-voting member of that committee, joint committee or, as the case may be, sub-committee.

(4) Nothing in subsections (1) to (3) above shall require a person to be treated as a non-voting member of a committee or sub-committee falling within subsection (5) below; but, except—

(a) in the case of a sub-committee appointed by a committee falling within paragraph (b) of that subsection; and

(b) in such cases as may be prescribed by regulations made by the Secretary of State,

a person who is a member of a sub-committee falling within that subsection shall for all purposes be treated as a non-voting member of that sub-committee unless he is a member of the committee which appointed the sub-committee.

(5) A committee or sub-committee falls within this subsection if it is—

(a) a committee established in accordance with any regulations made by virtue of section 7 of the M11 Superannuation Act 1972 (regulations making provision for the superannuation of persons employed in local government service etc.);

(b) a committee appointed under section 57(4) of the M12 Local Government (Scotland) Act 1973 (appointment of advisory committees by local authorities);

(c) a committee constituted in accordance with Schedule A1 to the M13 Education (Scotland) Act 1980 (appeal committees for hearing placing and other appeals);

(d) a Children’s Panel Advisory Committee formed under paragraph 3 of Schedule 3 to the M14 Social Work (Scotland) Act 1968;

(e) a committee established exclusively for the purpose of discharging such functions of a relevant authority as may be prescribed by regulations made by the Secretary of State;

(f) a sub-committee appointed by a committee falling within any of paragraphs (a) to (e) above or such a sub-committee as is so prescribed.

(6) Nothing in this section shall prevent the appointment as a voting member of—

(a) an education committee; or

(b) a joint committee appointed under paragraph 7 of Schedule 10 to the Local Government (Scotland) Act 1973; or

(c) a sub-committee appointed under paragraph 8 of that Schedule,

of a person appointed to the education committee under paragraph (a) of subsection (3) of section 124 of that Act (appointment of certain persons to education committees).

(7) Where a person is treated by virtue of this section as a non-voting member of any committee, joint committee or sub-committee, he shall not be entitled to vote at any meeting of the committee, joint committee or sub-committee on any question which falls to be decided at that meeting; and the reference in subsection (6) above to a voting member, in relation to any such committee, joint committee or sub-committee as is mentioned in that subsection, is a reference to a person who is entitled to vote at any meeting of that committee, joint committee or sub-committee on any question which falls to be decided at that meeting.

(8) In the Local Government (Scotland) Act 1973—

(a) in section 57(3), the words from “but at least” onwards (which require at least two-thirds of certain committees to be members of the appointing authority or authorities);

(b) in section 161(6), the words from “but at least” onwards (which make corresponding provision in relation to a social work committee);

(c) in Schedule 10, paragraph 11 (which requires at least half of a joint education committee to be members of the appointing authorities);

(d) in Schedule 20, paragraph 10 (which requires at least two-thirds of a joint social work committee to be members of the appointing authorities),

shall be omitted.

(9) In this section “relevant authority” means a regional, islands or district council; and references in this section to voting include references to making use of a casting vote.

Marginal Citations

M9 1973 c. 65.

M10 1968 c. 49.

M11 1972 c. 11.

M12 1973 c. 65.

M13 1980 c.44.

M14 1968 c. 49.