C1C2C3C9 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)
Political restriction of officers and staff
C4C5C6C10C7C8C9C11C123AC9F1Grant and supervision of exemptions from political restriction: England
1
a
b
may, on the application of any person or otherwise, give directions to the F11... authority requiring it to include a post in the list maintained by the authority under section 2(2).
2
An application may not be made under subsection (1)(a) unless—
a
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2...
3
If, on an application under subsection (1)(a) in respect of any post, the F13head of paid service is satisfied that the duties of the post do not fall within section 2(3), the F14head of paid service must direct—
a
that, for so long as the direction has effect in accordance with its terms, the post is not to be regarded as a politically restricted post; and
b
that accordingly the post is not to be specified in the list maintained by the F15... authority under section 2(2) or (as the case may be) is to be removed from that list.
4
A F16local authority's head of paid service may not give a direction under subsection (1)(b) in respect of any post unless the F17head of paid service is satisfied that—
a
the duties of the post fall within section 2(3); and
b
the post is neither—
i
in any list maintained by the F18... authority in accordance with section 2(2) above or section 100G(2) of the Local Government Act 1972; nor
ii
of a description specified in any regulations under section 2(2) above.
F195
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Every local authority in England F20... must—
a
b
comply with any direction under this section with respect to the list maintained by the authority; and
c
on being given a direction under subsection (1)(b), notify the terms of the direction to the person who holds the post to which the direction relates.
7
In carrying out F24... functions under this section a F25local authority's head of paid service must give priority, according to the time available before the election, to any application under subsection (1)(a) from a person who certifies that the application is made for the purpose of enabling him to be a candidate in a forthcoming election.
F67A
In carrying out functions under this section a local authority's head of paid service must consult the monitoring officer of that authority (unless they are the same person).
7B
The Secretary of State may by regulations make provision about the application of this section to a local authority that is not required to designate one of its officers as the head of its paid service.
7C
Regulations under subsection (7B) may apply any provisions of this section (with or without modifications) to an authority to which they apply.
F58
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)