(1)A local authority is to appoint the members of its democratic services committee.
(2)A local authority must secure that—
(a)each member of its democratic services committee is a member of the authority;
(b)no more than one of the members of its democratic services committee is a member of the authority’s executive;
(c)in the case of a local authority which operates a leader and cabinet executive (Wales), the executive leader is not a member of its democratic services committee.
(3)The appointment of a person as a member of a democratic services committee has no effect if the membership of the committee breaches subsection (2) immediately after the appointment (whether or not by virtue of the appointment).
(4)In a case where one or more persons are to become, or to cease to be, members of a democratic services committee at a particular time, all those changes of membership are to be taken into account in determining whether the membership of the committee breaches subsection (2).
(5)A democratic services committee of a local authority is to be treated as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.