PART 1STRENGTHENING LOCAL DEMOCRACY

CHAPTER 2LOCAL AUTHORITY DEMOCRATIC SERVICES

9Democratic services functions

1

The functions of the head of democratic services are—

a

to provide support and advice to the authority in relation to its meetings, subject to subsection (2);

b

to provide support and advice to committees of the authority (other than the committees mentioned in paragraph (e)) and the members of those committees, subject to subsection (2);

c

to provide support and advice to any joint committee which a local authority is responsible for organising and the members of that committee, subject to subsection (2);

d

to promote the role of the authority’s overview and scrutiny committee or committees;

e

to provide support and advice to—

i

the authority’s overview and scrutiny committee or committees and the members of that committee or those committees, and

ii

the authority’s democratic services committee and the members of that committee;

f

to provide support and advice in relation to the functions of the authority’s overview and scrutiny committee or committees to each of the following—

i

members of the authority;

ii

members of the executive of the authority;

iii

officers of the authority;

g

to provide support and advice to each member of the authority in carrying out the role of member of the authority, subject to subsection (3);

h

to make reports and recommendations in respect of any of the following—

i

the number and grades of staff required to discharge democratic services functions;

ii

the appointment of staff to discharge democratic services functions;

iii

the organisation and proper management of staff discharging democratic services functions;

i

such other functions as may be prescribed.

2

The references to “advice” in paragraphs (a) to (c) do not include advice about whether or how the authority’s functions should be, or should have been, exercised.

3

The following kinds of support and advice are not to be considered as support and advice for the purposes of subsection (1)(g)—

a

support and advice to a member of the authority in discharging that member’s functions as part of the executive of the authority (except as provided for under subsection (1)(f));

b

advice about whether or how the authority’s functions should be, or should have been, exercised in relation to any matter under consideration, or to be considered, at a meeting of the authority, a committee referred to in subsection (1)(b) or a joint committee which a local authority is responsible for organising.

4

Nothing in subsection (1)(h) affects the duty of the head of paid service in section 4(2) of the Local Government and Housing Act 1989.

5

In this section, references to a committee (or joint committee) include references to any sub-committee of that committee.