C2C3C7C19 Part I Local Authority Members, Officers, Staff and Committees etc.
Pt. 1 (ss. 1-21): extended (E.) (6.5.2002) by The Local Authorities (Elected Mayor and Mayor's Assistant) (England) Regulations 2002 (S.I. 2002/975), regs. 1(2), 3(6)
Pt. 1 functions made exercisable by joint standards committees (E.) (15.6.2009) by The Standards Committee (Further Provisions) (England) Regulations 2009 (S.I. 2009/1255), regs. 1(1), 14
Pt. 1 applied (E.) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 23(4)
Voting rights of members of certain committees
C1C4C5C8C9C10C11C12C13C14C15C16C17C18C19C21C2013C19 Voting rights of members of certain committees: England and Wales.
C61
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 that committee, 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 M1Local Government Act 1972 (ordinary committees, joint committees and sub-committees);
F1b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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—
F2a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a committee established in accordance with any regulations made by virtue of section 7 of the M2Superannuation Act 1972 (regulations making provision for the superannuation of persons employed in local government service etc.);
F3d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F4Part I of Schedule 33 to the Education Act 1996 (constitution of appeal committees for admission appeals etc.);
F21fa
an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009;
F25fb
a committee of a relevant authority which is the scheme manager (or scheme manager and pension board) of a scheme under section 1 of the Public Service Pensions Act 2013;
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 F5paragraphs (b) to (g) above or such a sub-committee as is so prescribed.
F65
Nothing in this section shall prevent the appointment of a person who is not a member of a F16local authority as a voting member of—
a
any committee or sub-committee appointed by the local authority wholly or partly for the purpose of discharging any F17education functions of the authority,
b
any joint committee appointed by two or more local authorities wholly or partly for the purpose of discharging any F18education functions of the authorities, or
c
any sub-committee appointed by any such committee or joint committee wholly or partly for the purpose of discharging any of that committee’s functions with respect to education,
F275ZA
Nothing in this section shall prevent the appointment of a police and crime commissioner as a voting member of—
a
any committee or sub-committee appointed by a local authority in England wholly or partly for the purposes of discharging functions of a fire and rescue authority,
b
any joint committee appointed by two or more local authorities in England wholly or partly for the purposes of discharging such functions, or
c
any sub-committee appointed by any such committee or joint committee wholly or partly for the purposes of discharging such functions.
5ZB
In subsection (5ZA) “local authority” does not include—
a
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
b
a joint authority which is a metropolitan county fire and rescue authority, or
c
the London Fire Commissioner.
F235A
Nothing in this section shall prevent the appointment of a council manager of a local authority, or one other officer of that local authority in his place, as a voting member of a joint committee, or a sub-committee of such a committee, where—
a
that local authority have a mayor and council manager executive F9; and
b
the joint committee or the sub-committee has been appointed for the purpose of discharging functions which, as respects that local authority, are the responsibility of that executive.
F106
The Secretary of State may, if it appears to him appropriate to do so inconsequence 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 in subsection (5) above to a voting member, in relation to any F11committee, joint committee or sub-committee appointed for the purpose mentioned in that subsection, 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 M3Local 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—
F12“council manager”, “executive”
F24and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000 (arrangements with respect to executives etc.); F19...F20“education functions” has the meaning given by section 579(1) of the Education Act 1996; and
F13...
“relevant authority” means a local authority of any of the descriptions specified in F14paragraphs (a) to (f) F28, (h) to F26(jc) or (n) 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.
Pt. 1 (ss. 1-21) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
Pt. 1 (ss. 1-21): power conferred to make provisions about matters of the kind dealt with in this part (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (j)(i); S.I. 1997/1930, art. 2(1)(2)(m) (subject to art. 2(3))
Pt. 1 (ss. 1-21): extended (E.W.) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 23, 108(4), Sch. 1 para. 3(13); S.I. 2000/2849, art. 2(c)