C2C3C7 Part I Local Authority Members, Officers, Staff and Committees etc.

Annotations:
Modifications etc. (not altering text)
C2

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)

C7

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

Duties of particular officers

C1C5C4C8C16C19C184 Designation and reports of head of paid service.

1

It shall be the duty of every relevant authority—

a

to designate one of their officers as the head of their paid service; and

b

to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow his duties under this section to be performed.

F31A

In the case of an elected local policing body, the body's chief executive is to be taken to have been designated as the head of the body's paid service (and, accordingly, subsection (1)(a) does not apply; but references to persons designated under this section include references to the body's chief executive).

C6C9C10C13C11C12C14C15C172

It shall be the duty of the head of a relevant authority’s paid service, where he considers it appropriate to do so in respect of any proposals of his with respect to any of the matters specified in subsection (3) below, to prepare a report to the authority setting out his proposals.

C6C9C10C13C11C12C14C15C173

Those matters are—

a

the manner in which the discharge by the authority of their different functions is co-ordinated;

b

the number and grades of staff required by the authority for the discharge of their functions;

c

the organisation of the authority’s staff; and

d

the appointment and proper management of the authority’s staff.

C6C9C10C13C11C12C14C15C174

It shall be the duty of the head of a relevant authority’s paid service, as soon as practicable after he has prepared a report under this section, to arrange for a copy of it to be F4sent—

a

in the case of an elected local policing body, to the body and to the police and crime panel for the body's police area; and

F8aa

in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—

i

which corresponds to the authority's area, or

ii

within which the area of the authority falls;

F11ab

in the case of the London Fire Commissioner, to the Commissioner;

b

in any other case, to each member of the authority.

C6C9C10C13C11C12C14C15C175

It shall be the duty of a relevant authority F5(other than an elected local policing body) to consider any report under this section by the head of their paid service at a meeting held not more than three months after copies of the report are first sent to members of the authority; and nothing in section 101 of the M1Local Government Act 1972 or in section 56 of F1, or Schedule 10 or 20 to, the M2Local Government (Scotland) Act 1973 (delegation) shall apply to the duty imposed by virtue of this subsection.

F65A

It shall be the duty of an elected local policing body to consider any report under this section by the head of the body's paid service, and to do so no later than three months after the body is sent a copy of the report.

F95B

It shall be the duty of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 to consider any report under this section by the head of the authority's paid service and to do so no later than three months after the authority is sent a copy of the report.

F125C

It shall be the duty of the London Fire Commissioner to consider any report under this section by the head of the Commissioner's paid service and to do so no later than three months after the Commissioner is sent a copy of the report.

C6C9C15C176

In this section “relevant authority”—

a

in relation to England F14..., means a local authority of any of the descriptions specified in paragraphs (a) to (e) F7 and (ja) to (jc) of section 21(1) below F10, an elected local policing body F13, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner;

F15aa

in relation to Wales, means an elected local policing body; and

b

in relation to Scotland, F2council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

7

This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.