81 Disclosure and registration of members’ interests etc.
(1) The monitoring officer of each relevant authority must establish and maintain a register of interests of the members and co-opted members of the authority.
(2) The mandatory provisions of the model code applicable to each relevant authority (“the mandatory provisions”) must require the members and co-opted members of each authority to register in that authority’s register maintained under subsection (1) such financial and other interests as are specified in the mandatory provisions.
(3) The mandatory provisions must also—
(a) require any member or co-opted member of a relevant authority who has an interest specified in the mandatory provisions under subsection (2) to disclose that interest before taking part in any business of the authority relating to that interest,
(b) make provision for preventing or restricting the participation of a member or co-opted member of a relevant authority in any business of the authority to which an interest disclosed under paragraph (a) relates.
(4) Any participation by a member or co-opted member of a relevant authority in any business which is prohibited by the mandatory provisions is not a failure to comply with the authority’s code of conduct if the member or co-opted member has acted in accordance with a dispensation from the prohibition granted by the authority’s standards committee, or by the standards committee of another relevant authority, in accordance with regulations made under subsection (5).
(5) The Welsh Ministers may prescribe in regulations the
(a) circumstances in which standards committees may grant dispensations under subsection (4),
(b) procedure to be followed for the granting of dispensations.
(6) A relevant authority must ensure that
(a) copies of the register for the time being maintained by their monitoring officer under this section are available at an office of the authority for inspection by members of the public at all reasonable hours,
(b) the register mentioned in paragraph (a) is published electronically.
(7) As soon as practicable after the establishment by their monitoring officer of a register under this section, a relevant authority must—
(a) publish in one or more newspapers circulating in their area a notice which—
(i) states that copies of the register are available at an office of the authority for inspection by members of the public at all reasonable hours, and
(ii) specifies the address of that office, and
(iii) states that the register is available to be viewed electronically, and
(iv) specifies how to access the electronic version,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) ... inform the Public Services Ombudsman for Wales that copies of the register are so available.
(7ZA) But subsections (6) and (7) do not apply to a relevant authority which is a corporate joint committee.
(7ZB) A relevant authority which is a corporate joint committee must publish electronically the register maintained under subsection (1).
(7A) For the purposes of this section—
(a) section 83(13) does not apply, and
(b) in relation to a relevant authority which is a community council, the references in this section to a monitoring officer are to be read as references to the proper officer of that council (within the meaning of section 270(3) of the Local Government Act 1972).
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
82 Code of conduct for local government employees.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The National Assembly for Wales may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities ....
(3) The power under subsection ... (2) to issue a code includes power—
(a) to issue a separate code for council managers (within the meaning of Part II of this Act), and
(b) to revise any code which has been issued.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Before making an order under this section, the National Assembly for Wales must consult—
(a) such representatives of relevant authorities ... and of employees of those authorities, as it considers appropriate,
(b) the Auditor General for Wales, and
(c) the Public Services Ombudsman for Wales .
(7) The terms of appointment or conditions of employment of every qualifying employee of a relevant authority (whether appointed or employed before or after the commencement of this section) are to be deemed to incorporate any code for the time being under this section which is applicable.
(8) In this section “qualifying employee”, in relation to a relevant authority, means an employee of the authority other than an employee falling within any description of employee specified in regulations under this subsection.
(9) The power to make regulations under subsection (8) is to be exercised—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) ... by the National Assembly for Wales.
82A Monitoring officers: delegation of functions under Part 3
(1) This section applies to functions of a monitoring officer of a relevant authority in relation to matters referred to him under section ... 70(4) or (5) or 71(2) or (4) .
(2) Where the monitoring officer considers that in a particular case he himself ought not to perform particular functions to which this section applies, those particular functions shall in that case be performed personally by a person nominated for the purpose by the monitoring officer.
(3) Where a deputy nominated by the monitoring officer under section 5(7) of the Local Government and Housing Act 1989 (nomination of member of monitoring officer’s staff to act as deputy when monitoring officer absent or ill) considers that in a particular case he himself ought not to perform particular functions—
(a) to which this section applies, and
(b) which, by reason of the absence or illness of the monitoring officer, would but for this subsection fall to be performed by the deputy,
those particular functions shall, while the monitoring officer continues to be unable to act by reason of absence or illness, be performed in that case personally by a person nominated for the purpose by the deputy.
(4) Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is an officer of the relevant authority, the authority shall provide the officer with such staff, accommodation and other resources as are, in the officer’s opinion, sufficient to allow those functions to be performed.
(5) Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is not an officer of the relevant authority, the authority shall—
(a) pay the person a reasonable fee for performing the functions,
(b) reimburse expenses properly incurred by the person in performing the functions, but only to the extent that the amount of the expenses is reasonable, and
(c) provide the person with such staff, accommodation and other resources as are reasonably necessary for the person’s performance of the functions.
(1) In this Part—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“case tribunal” has the meaning given by section 76(1),
“code of conduct” means a code of conduct under section 51,
“constituent council”, in relation to a corporate joint committee, has the meaning given by section 71(7),
“co-opted member” has the meaning given by section 49(7),
“corporate joint committee” has the meaning given by section 49(8),
“elected mayor” and “elected executive member” have the meaning given by section 39(1) and (4),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“executive” is to be construed in accordance with section 11,
“executive arrangements” has the meaning given by section 10,
...
“interim case tribunal” has the meaning given by section 76(2),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“model code of conduct” is to be construed in accordance with section 50 ... (2),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“relevant authority” has the meaning given by section 49(6).
(2) Any reference in this Part to a committee of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to a committee of an executive of the authority.
(3) Any reference in this Part to a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to an elected mayor or elected executive member of the authority.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Any reference in this Part to a joint committee or joint sub-committee of a relevant authority is a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.
(6) Any reference in this Part to a failure to comply with a relevant authority’s code of conduct includes a reference to a failure to comply with the mandatory provisions which apply to the members or co-opted members of the authority by virtue of section 51(5)(b).
(7) Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.
(8) The reference in subsection (7) to particular functions or particular responsibilities as a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to particular functions or particular responsibilities as a member of an executive of the authority.
(9) A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, but this subsection does not apply to a person who is partially suspended under this Part.
(9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) A person who is suspended under this Part from being a member of a relevant authority to which Part II of this Act applies shall also be suspended, if he is a member of an executive of the authority, from being such a member; but this subsection does not apply to a person who is partially suspended under this Part.
(10A) A person who is suspended under this Part from being a member of a relevant authority other than a corporate joint committee shall also be suspended, if they are a member of a corporate joint committee, from being such a member; but this subsection does not apply to a person who is partially suspended under this Part.
(11) A person who is disqualified under this Part for being or becoming a member of a relevant authority shall also be disqualified—
(a) for being or becoming a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, and
(b) if the authority is one to which Part II of this Act applies, for being or becoming a member of an executive of the authority.
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a community council is to be exercisable by or in relation to the monitoring officer of the county council or county borough council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly.
(14) Any functions which are conferred by virtue of this Part on a relevant authority to which Part II of this Act applies are not to be the responsibility of an executive of the authority under executive arrangements.
(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84 Meaning of “local authority” and “principal council” in Part IV.
(1) In relation to England—
“local authority” means a principal council or a parish council,
“principal council” means a county council, a district council or a London borough council.
(2) In relation to Wales—
“local authority” means a principal council or a community council,
“principal council” means a county council or a county borough council.
(3) This section applies for the purposes of this Part.
(1) For the purposes of this Part as it applies in relation to a principal council for an area in England, the three options for the scheme for the ordinary elections of councillors of such a principal council are those set out in this section.
(2) The first option is for a scheme under which—
(a) the term of office of councillors is four years,
(b) the elections are held in a given year and every fourth year after it,
(c) all the councillors are elected in each year in which the elections are held, and
(d) the councillors retire together.
(3) The second option is for a scheme under which—
(a) the term of office of councillors is four years,
(b) the elections are held in a given year and every second year after it,
(c) one half (or as nearly as may be) of the councillors are elected in each year in which the elections are held, and
(d) one half (or as nearly as may be) of the councillors retire in each year in which the elections are held.
(4) The third option is for a scheme under which—
(a) the term of office of councillors is four years,
(b) the elections are held in a given year and every year after it other than every third year after it,
(c) one third (or as nearly as may be) of the councillors are elected in each year in which the elections are held, and
(d) one third (or as nearly as may be) of the councillors retire in each year in which the elections are held.
(A1) The Secretary of State may by order make provision to secure that the scheme for the ordinary elections of councillors of any specified council in England is the scheme under the first option set out in section 85.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A council is specified if it is—
(a) a principal council (or one of the principal councils) specified by name in the order, or
(b) a principal council falling within any description of principal council specified in the order.
(3) An order may make provision in relation to a council if the scheme specified in the order is different from the scheme which prevails (whether by virtue of an earlier order under this section or otherwise) for the ordinary elections of its councillors.
(4) An order may include provision specifying the years in which the ordinary elections are to be held.
(5) In a case where the specified scheme is that under the second or third option, an order may include provision for identifying which councillors are to retire in a particular year, and such provision may include—
(a) provision for identifying the electoral divisions or wards affected,
(b) provision for identifying the councillors affected within particular electoral divisions or wards.
(6) Provision under subsection (5) may include—
(a) provision allowing the Secretary of State to direct councils to propose methods (complying with any guidance he may issue) for identifying electoral divisions, wards or councillors,
(b) provision allowing him to give directions as to the methods to be adopted (whether those proposed or otherwise).
(7) An order may include provision designed to secure the transition from a prevailing scheme to the one specified in the order, and such provision may include—
(a) provision to secure the retirement of existing councillors at times different from those applying under a prevailing scheme,
(b) in a case where the specified scheme is that under the second or third option, provision for the initial election of all the councillors, for the retirement of some of them before the end of the normal term of four years, and for identifying which of them are so to retire.
(1) The Secretary of State may by order make provision which changes the years in which the ordinary elections of councillors of any specified local authority are to be held but which does not change the scheme which prevails (whether by virtue of an order under section 86 or otherwise) for the ordinary elections of those councillors.
(2) A local authority is specified if it is—
(a) a local authority (or one of the local authorities) specified by name in the order, or
(b) a local authority falling within any class or description of local authority specified in the order.
(3) An order may include provision to secure the retirement of existing councillors at times different from those at which they would otherwise retire.
88 Separate power to make incidental provisions etc.
(1) If the Secretary of State makes an order under section 86 or 87 he may make a separate order containing such incidental, consequential, transitional or supplemental provision as could have been included in the order made under that section.
(2) This applies whether or not the order under section 86 or 87 itself includes incidental, consequential, transitional or supplemental provision.
(1) The Local Government Act 1992 is amended as mentioned in subsections (2) and (3).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In section 6(2)(a) of the Local Government Act 1972 (electoral division of non-metropolitan county to return one councillor) after “Act” insert “ and subject to sections 14(8) and 17(7) of the Local Government Act 1992 ”.
(1) The Audit Commission Act 1998 is amended as follows.
(2) In section 17 (declaration that item of account is unlawful)—
(a) subsection (1)(b),
(b) in subsection (2), the words “subject to subsection (3)” and paragraphs (a) and (b), and
(c) subsections (3), (5)(b), (7) and (8),
are omitted.
(3) Section 18 (recovery of amount not accounted for etc.) is omitted.
(1) Where a relevant authority consider—
(a) that action taken by or on behalf of the authority in the exercise of their functions amounts to, or may amount to, maladministration, and
(b) that a person has been, or may have been, adversely affected by that action,
the authority may, if they think appropriate, make a payment to, or provide some other benefit for, that person.
(2) Any function which is conferred on the Greater London Authority under this section is to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.
(3) In this section—
“action” includes failure to act,
“relevant authority” has the same meaning as in Part III of this Act.
(1) The Secretary of State may, with the consent of the Treasury, pay grants to local authorities in England towards expenditure incurred by them
(a) in providing, or contributing to the provision of, such welfare services as may be determined by the Secretary of State, or
(b) in connection with any such welfare services.
(2) The National Assembly for Wales may pay grants to local authorities in Wales towards expenditure incurred by them
(a) in providing, or contributing to the provision of, such welfare services as may be determined by the Assembly, or
(b) in connection with any such welfare services.
(3) The amount of any grants under this section and the manner of their payment are to be such as may be determined by the Secretary of State or the Assembly (as the case may be).
(4) Grants under this section may be paid—
(a) to all local authorities,
(b) to particular local authorities, or
(c) to particular descriptions of local authority (including descriptions framed by reference to authorities in particular areas).
(5) Grants under this section may be paid on such terms and conditions as the Secretary of State or, as the case may be, the Assembly may determine; and nothing in subsection (6) affects the generality of this subsection.
(6) Those terms and conditions may include provision as to the circumstances in which the whole or any part of a grant under this section must be repaid to the Secretary of State or the Assembly.
(6A) Before making any determination under subsection (3) or (5) the Secretary of State must obtain the consent of the Treasury.
(7) A local authority must supply the Secretary of State or, as the case may be, the Assembly with such information as he or it may require for the purposes of this section.
(8) A local authority must have regard to any guidance for the time being issued by the Secretary of State or, as the case may be, the Assembly with respect to the administration and application of grants under this section which are paid to them.
(9) A local authority must comply with any directions for the time being given by the Secretary of State or, as the case may be, the Assembly with respect to the administration and application of grants under this section which are paid to them.
(10) Any determination, guidance or directions under this section may make different provision in relation to different local authorities or descriptions of local authority (including descriptions framed by reference to authorities in particular areas).
(11) Before making any determination, issuing any guidance or giving any directions under this section relating to all local authorities in England or Wales or any description of such authorities, the Secretary of State or (as the case may be) the National Assembly for Wales must consult—
(a) such local authorities or representatives of local authorities as appear to him or it to be appropriate,
(b) such recipients, or representatives of recipients, of welfare services as appear to him or it to be appropriate, and
(c) such providers, or representatives of providers, of welfare services as appear to him or it to be appropriate.
(12) In this section—
“local authority” means—
in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly,
in relation to Wales, a county council or a county borough council,
“welfare services” includes services which provide support, assistance, advice or counselling to individuals with particular needs.
(1) In section 100D of the Local Government Act 1972 (inspection of background papers) for subsection (1) there is substituted—
(1) Subject, in the case of section 100C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a principal council are required by section 100B(1) or 100C(1) above to be open to inspection by members of the public—
(a) those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and
(b) at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the council.
(2) In subsection (2) the words “of the list, or” are omitted.
(1) In section 100K of the Local Government Act 1972 (interpretation and application of Part VA), after subsection (2) there is inserted—
(3) The Secretary of State may by order amend sections 100A(6)(a) and 100B(3) and (4)(a) above so as to substitute for each reference to three clear days such greater number of days as may be specified in the order.
(4) Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) In Schedule 12 to that Act (meetings and proceedings of local authorities), after paragraph 4 there is inserted—
4A (1) The Secretary of State may by order amend paragraph 4(2) above so as to substitute for the reference to three clear days such greater number of days as may be specified in the order.
(2) Any statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
99 Allowances and pensions for certain local authority members.
(1) The provision which may be made by regulations under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service etc) includes provision for or in connection with the provision of pensions, allowances or gratuities to or in respect of such members of a local authority as may be prescribed by the regulations ; and for the purposes of the application of this subsection to Wales, the reference to pensions and allowances is to be ignored..
(2) In subsection (1) “local authority” has the same meaning as in Part II of this Act.
(3) Section 18 of the Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances for local authority members) is amended as follows.
(4) At the beginning of subsection (1) there is inserted “ Subject to subsection (1A), ” and after that subsection there is inserted—
(1A) In relation to a district council, county council, county borough council or London borough council, subsection (1) above shall have effect with the omission of paragraph (b).
(5) After subsection (2) there is inserted—
(2A) Regulations under this section may authorise or require a scheme made by a district council, county council, county borough council or London borough council to include provision for the payment to members of the council of allowances in respect of such expenses of arranging for the care of children or dependants as are necessarily incurred in the carrying out of their duties as members.
(6) In subsection (3), for “and (2)” there is substituted “ to (2A) ”.
(7) After subsection (3) there is inserted—
(3A) Regulations under this section may make provision for or in connection with—
(a) enabling district councils, county councils, county borough councils or London borough councils to determine which members of the council are to be entitled to pensions, allowances or gratuities,
(b) treating the basic allowance or the special responsibility allowance as amounts in respect of which such pensions, allowances or gratuities are payable.
(3B) Regulations under this section may make provision for or in connection with requiring a district council, county council, county borough council or London borough council to establish and maintain a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of the council.
(3C) Regulations under this section may make provision for or in connection with enabling a panel established by a body specified in the regulations to exercise such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of such district councils, county councils or London borough councils in England as may be specified in the regulations.
(3D) Regulations under this section may make provision for or in connection with the establishment by the National Assembly for Wales on a permanent or temporary basis of a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of county councils and county borough councils in Wales.
(3E) Regulations under subsection (3B) above may include provision—
(a) with respect to the number of persons who may or must be appointed to the panel of a council,
(b) with respect to the persons who may or must be appointed to the panel of a council,
(c) for or in connection with the appointment by councils of joint panels.
(3F) Regulations under subsection (3C) may include provision—
(a) with respect to the number of persons who may or must be appointed to a panel mentioned in that subsection,
(b) with respect to the persons who may or must be appointed to such a panel.
(3G) Regulations under subsection (3B), (3C) or (3D) may include provision—
(a) for or in connection with enabling a panel mentioned in that subsection to make recommendations to a council on the level of allowances payable to members of the council,
(b) for or in connection with enabling such a panel to make recommendations to a council as to which members of the council are to be entitled to pensions, allowances or gratuities,
(c) which permits different recommendations to be made in relation to different councils or descriptions of council.
(8) In subsection (4), for the word “and” at the end of paragraph (b) there is substituted—
(ba) make provision with respect to the amendment, revocation or replacement of a scheme made by a relevant authority under the regulations; and
.
(9) After subsection (5) there is inserted—
(5A) In making or operating any scheme authorised or required by regulations under this section, a district council, county council, county borough council or London borough council shall have regard to any guidance for the time being issued by the Secretary of State.
(1) The Secretary of State may by regulations make provision with respect to—
(a) allowances payable to members of a parish council,
(b) travelling and subsistence allowances payable to members of such relevant authorities as may be prescribed,
(c) allowances payable to members of such relevant authorities as may be prescribed for attending conferences or meetings,
(d) the reimbursement of expenses incurred by members of such relevant authorities as may be prescribed.
(2) For the purposes of this section a member of a committee or sub-committee of a relevant authority is to be treated as a member of the authority.
(3) The provision which may be made under subsection (1)(b) includes provision with respect to allowances in respect of travel by bicycle or by any other non-motorised form of transport.
(4) The provision which may be made under this section includes provision which amends or repeals any provisions of sections 173 to 178 of the Local Government Act 1972.
(5) Before making any regulations under this section, the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
(6) In this section—
“prescribed” means prescribed by regulations made by the Secretary of State,
“relevant authority” means—
a body specified in section 21(1) of the Local Government and Housing Act 1989,
a body on which a body falling within paragraph (a) is represented,
a parish council.
(7) In its application to Wales this section has effect as if—
(a) for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales,
(b) for any reference to a parish council there were substituted a reference to a community council.
101 Indemnification of members and officers of relevant authorities.
(1) The Secretary of State may by order make provision for or in connection with conferring power on relevant authorities in England ... to provide indemnities to some or all of their members and officers.
(2) The National Assembly for Wales may by order make provision for or in connection with conferring power on relevant authorities in Wales ... to provide indemnities to some or all of their members and officers.
(3) An order under this section may apply—
(a) to all relevant authorities, or
(b) to any particular description of relevant authority.
(4) Before making an order under this section, the Secretary of State or (as the case may be) the National Assembly for Wales must consult—
(a) such representatives of relevant authorities,
(b) such representatives of employees of relevant authorities, and
(c) such other persons,
as he or it considers appropriate.
(5) In this section—
“member”, in relation to a relevant authority, includes—
a member of any committee or sub-committee of the authority, or
a person who is a member of, and represents the authority on, any joint committee or sub-committee,
“relevant authority” has the same meaning as in Part III of this Act.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Section 6(5) of the Local Authority Social Services Act 1970 (social services director not to discharge non-social services functions without approval of Secretary of State) ceases to have effect.
(3) After section 1 of that Act there is inserted the following section—
Meaning of “social services functions”.
1A For the purposes of this Act the social services functions of a local authority are—
(a) their functions under the enactments specified in the first column of Schedule 1 to this Act (being the functions which are described in general terms in the second column of that Schedule), and
(b) such other of their functions as the Secretary of State may designate by an order made under this section.
103 Recoupment by local authorities of cost of providing day care.
(1) In subsection (3) of section 29 of the Children Act 1989 (recoupment of cost of providing services etc.), after “subsection (1)” there is inserted “ for a service provided under section 17 or section 18(1) or (5) ”.
(2) After that subsection there is inserted—
(3A) No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 or of an income-based jobseeker’s allowance.
(1) Any power to make an order or regulations under this Act is exercisable by statutory instrument.
(2) Any order or regulations under this Act—
(a) may contain such incidental, consequential, transitional or supplemental provision or savings as the Secretary of State considers necessary or expedient,
(b) may make different provision for different cases, authorities or descriptions of authority.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The provision which may be made under subsection (2) includes provision modifying any enactment (whenever passed or made).
(4) The power under subsection (3) to modify an enactment is a power—
(a) to apply that enactment with or without modifications,
(b) to extend, disapply or amend that enactment, or
(c) to repeal or revoke that enactment with or without savings.
(5) Subject to subsections (6) and (7), a statutory instrument which contains an order or regulations under this Act is to be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) Subject to subsection (6A), a statutory instrument which contains an order under section 3(3)..., 6, 9N ... or 101, or regulations under section 9BA, 9HE, 9HF(9), 9HG(11), 9MG or 44, is not to be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(6A) Subsection (6) does not apply to a statutory instrument which contains an order under section 3(3)... or 6 if the order is made only for the purpose of amending an earlier such order—
(a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
(b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.
(7) Subsection (5) does not apply to a statutory instrument which contains an order under section 108.
(7A) If a draft of a statutory instrument containing an order under section 9N would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.
(8) In this section “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
(1) In their application to Wales—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Part IV, and
(c) section 105(2),
have effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.
(2) Section 105(5) to (7) does not apply to an order or regulations under this Act which is made by the National Assembly for Wales.
(3) Any reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an Act which is amended by this Act is to be treated as referring to that Act as amended by this Act.
(4) Subsection (3) does not affect the power to make further Orders varying or omitting that reference.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A statutory instrument which contains an order made by the Welsh Ministers under section 21A(13)(b) or regulations made under section 11(9), section 53(11) or (subject to subsection (6A)) section 54(5) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(6A) Where a statutory instrument contains regulations made under section 54(5) which include provision adding to, replacing or omitting any part of the text of an Act of Parliament or a Measure or Act of the National Assembly for Wales, the instrument may not be made unless a draft of it has been laid before, and approved by a resolution of, the National Assembly for Wales.
(7) A statutory instrument which contains an order under section 21G or regulations under section 52A(3) or regulations under section 69F may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(1) This section and sections 105, 106 and 109 come into force on the day on which this Act is passed.
(2) The following provisions of this Act—
(a) Part IV,
(b) section 104, and
(c) in Schedule 6, the repeal of paragraph 63 of Schedule 37 to the Education Act 1996,
come into force at the end of the period of two months beginning with the day on which this Act is passed.
(3) The following provisions of this Act—
(a) section 90, 91, and 93 to 96,
(b) in Schedule 5, paragraphs 8, 12, 13, 15, 25, 26 and 34,
(c) in Schedule 6, the repeal—
(i) in section 80(1)(e) of the Local Government Act 1972,
(ii) of sections 94 to 98 and 105 of that Act,
(iii) in section 265A(1)(b) of that Act,
(iv) of the provisions of the Local Government Act 1974, the Local Government Act 1985, the Transport Act 1985 and the Financial Services Act 1986 specified in Schedule 6,
(v) of sections 19, 31 and 32(1) of the Local Government and Housing Act 1989,
(vi) in Schedule 11 to that Act,
(vii) of the provisions of the Local Government Finance Act 1992, the Local Government (Wales) Act 1994, the Police and Magistrates’ Courts Act 1994, the Environment Act 1995, the Police Act 1996, the Police Act 1997, the Audit Commission Act 1998 and the Greater London Authority Act 1999 specified in Schedule 6,
come into force on such day as the Secretary of State may by order appoint.
(4) Subject to subsections (5) and (6), the remaining provisions of this Act come into force at the end of the period of 12 months beginning with the day on which this Act is passed.
(5) The Secretary of State may by order provide—
(a) for paragraphs 17 and 18 of Schedule 4 to come into force before the time appointed by subsection (4),
(b) for paragraph 28 of Schedule 5 to come into force before the time appointed by that subsection,
(c) for any of the provisions of Part III of this Act so far as they relate to police authorities in Wales to come into force before the time appointed by that subsection, or
(d) for any of the other provisions mentioned in that subsection to come into force in relation to England before the time appointed by that subsection.
(6) The National Assembly for Wales may by order provide—
(a) for paragraph 28 of Schedule 5 to come into force before the time appointed by subsection (4), or
(b) for any of the other provisions mentioned in that subsection to come into force in relation to Wales before the time appointed by that subsection.
(7) An order under subsection (3), (5) or (6) may appoint different days for different purposes.
(1) This Act may be cited as the Local Government Act 2000.
(2) Subject to subsections (3) and (4), this Act extends to England and Wales only.
(3) Sections 94 to 96, 105 and 108 extend also to Scotland.
(4) This section, paragraphs 17 and 18 of Schedule 4 and paragraph 28 of Schedule 5 extend also to Scotland and Northern Ireland.
SCHEDULE A1 Executive arrangements in England: further provision
Section 9GB
Mayor and cabinet executives
1 (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and cabinet executive.
(2) Subject to section 9C(5), the executive arrangements must include provision which enables the elected mayor to determine the number of councillors who may be appointed to the executive under section 9C(2)(b).
(3) The executive arrangements must include provision which requires the elected mayor to appoint one of the members of the executive to be the elected mayor's deputy (referred to in this paragraph as the deputy mayor).
(4) Subject to sub-paragraph (5), the person who is appointed deputy mayor, unless the person resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
(5) The elected mayor may, if the elected mayor thinks fit, remove the deputy mayor from office.
(6) Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person to be deputy mayor.
(7) If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in the elected mayor's place.
(8) If for any reason—
(a) the elected mayor is unable to act or the office of elected mayor is vacant, and
(b) the deputy mayor is unable to act or the office of deputy mayor is vacant,
the executive must act in the elected mayor's place or must arrange for a member of the executive to act in the elected mayor's place.
Leader and cabinet executives (England)
2 (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a leader and cabinet executive (England).
(2) Subject to section 9C(5), the executive arrangements must include provision which enables the executive leader to determine the number of councillors who may be appointed to the executive under section 9C(3)(b).
(3) The executive arrangements must include provision which requires the executive leader to appoint one of the members of the executive to be the executive leader's deputy (referred to in this paragraph as the deputy executive leader).
(4) Subject to sub-paragraph (5), the person who is appointed deputy executive leader, unless the person resigns as deputy executive leader or ceases to be a member of the authority, is to hold office until the end of any term of office of the executive leader (where the executive arrangements provide for such a term).
(5) The executive leader may, if the executive leader thinks fit, remove the deputy executive leader from office.
(6) Where a vacancy occurs in the office of deputy executive leader, the executive leader must appoint another person to be deputy executive leader.
(7) If for any reason the executive leader is unable to act or the office of executive leader is vacant, the deputy executive leader must act in the executive leader's place.
(8) If for any reason—
(a) the executive leader is unable to act or the office of executive leader is vacant, and
(b) the deputy executive leader is unable to act or the office of deputy executive leader is vacant,
the executive must act in the executive leader's place or must arrange for a member of the executive to act in the executive leader's place.
Procedure
3 Executive arrangements by a local authority may include provision with respect to—
(a) the quorum, proceedings and location of meetings of the executive,
(b) the appointment of committees of the executive, and
(c) the quorum, proceedings and location of meetings of committees of the executive.
Meetings of executives and executive committees
4 A member of a local authority who is not a member of the authority's executive is entitled to attend, and speak at, a meeting of the executive, or of a committee of the executive, which is held in private only if invited to do so.
Attendance of police and crime commissioner at meetings
4A (1) A relevant police and crime commissioner may attend, speak at and vote at—
(a) a meeting of an executive of a local authority which is a fire and rescue authority, or
(b) a meeting of a committee of such an executive.
(2) Sub-paragraph (1) applies—
(a) only if and to the extent that the business of the meeting relates to the functions of the authority as a fire and rescue authority, and
(b) only if the executive has consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so.
(3) If a request under sub-paragraph (2)(b) is made to an executive of a local authority, the executive must—
(a) consider the request,
(b) give reasons for its decision to agree to or refuse the request, and
(c) publish those reasons in such manner as it thinks appropriate.
(4) In this paragraph “relevant police and crime commissioner” means a police and crime commissioner—
(a) whose area is the same as, or contains all of, the area of the local authority, or
(b) all or part of whose area falls within the area of the local authority.
Mayor's assistant
5 (1) The Secretary of State may by regulations make provision for or in connection with the appointment of a person (an “assistant”) to provide assistance to an elected mayor.
(2) Regulations under this paragraph may, in particular, include provision with respect to the terms and conditions of appointment of an assistant.
Overview and scrutiny committees: education functions
6 (1) In paragraphs 7 and 8 “relevant authority” means a local authority which has education functions.
(2) Paragraphs 7 and 8 apply to an overview and scrutiny committee of a relevant authority if the committee's functions under section 9F relate wholly or partly to any education functions which are the responsibility of the authority's executive.
(3) Paragraph 7 and 8 also apply to a sub-committee of an overview and scrutiny committee of a relevant authority if the sub-committee's functions under section 9FA relate wholly or partly to any education functions which are the responsibility of the authority's executive.
7 (1) In the case of a relevant authority that maintains one or more Church of England schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.
(2) A person is a qualifying person for the purposes of sub-paragraph (1) if the person is nominated by the Diocesan Board of Education for any Church of England diocese which falls wholly or partly in the authority concerned's area.
(3) In the case of a relevant authority that maintains one or more Roman Catholic Church schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.
(4) A person is a qualifying person for the purposes of sub-paragraph (3) if the person is nominated by the bishop of any Roman Catholic diocese which falls wholly or partly in the authority concerned's area.
(5) A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (1) or (3) is to be entitled to vote at a meeting of the committee or sub-committee on any question—
(a) which relates to any education functions which are the responsibility of the authority concerned's executive, and
(b) which falls to be decided at the meeting.
(6) The Secretary of State may by directions to a relevant authority require any of the authority's overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for the foundation or voluntary schools maintained by the authority which are not Church of England schools or Roman Catholic Church schools but which are specified in the directions.
(7) Directions under sub-paragraph (6) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
8 (1) The Secretary of State may by regulations require an overview and scrutiny committee or sub-committee to which this paragraph applies to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools which are maintained by the relevant authority concerned.
(2) Regulations under this paragraph may make provision for—
(a) the number of persons who are to be elected in the case of any relevant authority,
(b) the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election,
(c) the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected,
(d) the term of office of persons so elected and their voting rights,
(e) the application to any such committee or sub-committee, with or without any modification, of any enactment (whenever passed or made) relating to committees or (as the case may be) sub-committees of a local authority,
(f) such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.
(3) Regulations under this paragraph may also make provision—
(a) enabling the Secretary of State to determine, where the Secretary of State considers it expedient to do so in view of the small number of maintained schools which are maintained by a relevant authority, that the requirement imposed on the committee or sub-committee by virtue of sub-paragraph (1) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools,
(b) for any regulations under this paragraph to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.
9 The following provisions of the Education Act 1996, namely—
(a) section 496 (powers of Secretary of State to require duties under that Act to be exercised reasonably), and
(b) section 497 (powers of Secretary of State where local authorities etc are in default),
are to apply to the performance of any duty imposed on a local authority by virtue of paragraphs 6 to 8 as they apply to the performance by a local authority of a duty imposed by that Act.
10 (1) Except for the expression “local authority”, expressions used in paragraphs 6 to 9 and the School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act.
(2) In paragraphs 6 and 7 “education functions” has the meaning given by section 579(1) of the Education Act 1996.
Overview and scrutiny committees: voting rights of co-opted members
11 (1) A local authority may permit a co-opted member of an overview and scrutiny committee of the authority to vote at meetings of the committee.
(2) Permission under sub-paragraph (1) may only be given in accordance with a scheme made by the local authority.
(3) A scheme for the purposes of this paragraph may include—
(a) provision for a maximum or minimum in relation to the number of co-opted members of an overview and scrutiny committee entitled to vote at meetings of the committee, and
(b) provision for giving effect to any maximum or minimum established under paragraph (a).
(4) The power to make a scheme for the purposes of this paragraph includes power to vary or revoke such a scheme.
(5) In this paragraph, references to a co-opted member, in relation to an overview and scrutiny committee of a local authority, are to a member of the committee who is not a member of the authority.
12 (1) The Secretary of State may by regulations make provision about the exercise of the powers under paragraph 11.
(2) Regulations under sub-paragraph (1) may, in particular, require schemes for the purposes of paragraph 11 (“voting rights schemes”)—
(a) to provide for permission to be given only by means of approving a proposal by the committee concerned;
(b) to provide for a proposal for the purposes of the scheme (“a scheme proposal”) to specify—
(i) the person to whom the proposal relates,
(ii) the questions on which it is proposed the person should be entitled to vote, and
(iii) the proposed duration of the person's entitlement to vote,
and to include such other provision about the form and content of such a proposal as the regulations may provide;
(c) to provide for a scheme proposal to be made only in accordance with a published statement of the policy of the committee concerned about the making of such proposals;
(d) to include such provision about the procedure to be followed in relation to the approval of scheme proposals as the regulations may provide.
(3) Regulations under sub-paragraph (1) may include provision for the notification to the Secretary of State by local authorities of the making, variation or revocation of voting rights schemes.
(4) The Secretary of State may by direction require a local authority to vary a voting rights scheme.
13 (1) A local authority which makes a scheme for the purposes of paragraph 11 must, while the scheme is in force, make copies of it available at its principal office at all reasonable hours for inspection by members of the public.
(2) If a local authority makes a scheme for the purposes of paragraph 11, or varies or revokes such a scheme, it must as soon as reasonably practicable after doing so publish in one or more newspapers circulating in its area a notice which complies with this paragraph.
(3) In the case of the making of a scheme, the notice under sub-paragraph (2) must—
(a) record the making of the scheme,
(b) describe what it does,
(c) state that copies of it are available for inspection at the principal office of the local authority, and
(d) specify—
(i) the address of that office, and
(ii) the times when the scheme is available for inspection there.
(4) In the case of the variation of a scheme, the notice under sub-paragraph (2) must—
(a) record the variation,
(b) describe what it does,
(c) state that copies of the scheme as varied are available for inspection at the principal office of the local authority, and
(d) specify—
(i) the address of that office, and
(ii) the times when the scheme is available for inspection there.
(5) In the case of the revocation of a scheme, the notice under sub-paragraph (2) must record the revocation.
SCHEDULE 1 Executive arrangements in Wales: further provision
Section 23.
Mayor and cabinet executives
1 (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and cabinet executive.
(2) Subject to section 11(8) and (8ZA), the executive arrangements must include provision which enables the elected mayor to determine the number of councillors who may be appointed to the executive under section 11(2)(b).
(3) The executive arrangements must include provision which requires the elected mayor to appoint one of the members of the executive to be his deputy (referred to in this paragraph as the deputy mayor).
(4) Subject to sub-paragraph (5), the deputy mayor, unless he resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
(5) The elected mayor may, if he thinks fit, remove the deputy mayor from office.
(6) Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person in his place.
(7) If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in his place.
(8) If for any reason—
(a) the elected mayor is unable to act or the office of elected mayor is vacant, and
(b) the deputy mayor is unable to act or the office of deputy mayor is vacant,
the executive must act in the elected mayor’s place or must arrange for a member of the executive to act in his place.
(9) The deputy mayor is entitled to the style of “dirprwy faer”.
...
1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Leader and cabinet executives (Wales)
2 (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a leader and cabinet executive (Wales).
(2) The executive arrangements may include provision with respect to—
(a) the election and term of office of the executive leader, and
(b) the appointment and term of office of members of the executive appointed under section 11(3)(b)(ii).
(2A) The executive arrangements must include provision under which two or more councillors may be elected by the authority to share office as executive leader; and references in any enactment to an executive leader include executive leaders elected by virtue of that provision.
(3) Subject to section 11(8) and (8ZA), the executive arrangements must include provision which either—
(a) enables the authority to determine the number of councillors who may be appointed to the executive under section 11(3)(b), or
(b) enables the executive leader to determine the number of councillors who may be so appointed.
(4) Section 101 of the Local Government Act 1972 does not apply to the function of determining the number of councillors under sub-paragraph (3)(a).
Appointment of councillors to executive to share the same position
2A Executive arrangements by a local authority must include provision under which two or more councillors may be appointed to the executive to share office.
Voting and quorum where members of executive share their position
2B (1) This paragraph applies where two or more councillors of a local authority are—
(a) appointed to a mayor and cabinet executive to share office,
(b) appointed to a leader and cabinet executive (Wales) to share office, or
(c) elected to share office as executive leader of a leader and cabinet executive (Wales).
(2) The members of the executive who share the same office have between them one vote in respect of any matter on which they have a right to vote because they are a member of the executive.
(3) Where any meeting is attended by more than one of the members who share the same office and those members are attending in their capacity as a member of the executive, they together count only as one person for the purpose of determining whether the meeting is quorate.
Mayor and council manager executives
3 (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and council manager executive.
(2) The executive arrangements may include provision with respect to the appointment and term of office of the council manager.
(3) The executive arrangements must include provision which requires the elected mayor to appoint a member of the authority to be his deputy (referred to in this paragraph as the deputy mayor).
(4) The deputy mayor may not be—
(a) the chairman or vice-chairman of the authority, nor
(b) a member of an overview and scrutiny committee of the authority.
(5) Subject to sub-paragraph (6), the deputy mayor, unless he resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
(6) The elected mayor may, if he thinks fit, remove the deputy mayor from office.
(7) Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person in his place.
(8) If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in his place.
(9) If for any reason—
(a) the elected mayor is unable to act or the office of elected mayor is vacant, and
(b) the deputy mayor is unable to act or the office of deputy mayor is vacant,
the council manager must act in the elected mayor’s place.
(10) Subject to sub-paragraphs (11) and (12A), the council manager—
(a) is entitled to attend, and speak at, meetings of the authority or any committee or sub-committee of the authority, but
(b) is not entitled to vote at such meetings.
(11) The council manager is entitled to attend, and speak at, meetings of an overview and scrutiny committee or sub-committee of the authority only if invited or required to do so by the committee or sub-committee.
(12) The reference in sub-paragraph (10) to a committee or sub-committee of the authority includes a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.
(12A) The council manager of a local authority is entitled to vote at a meeting of a joint committee, or sub-committee of such a committee, if—
(a) that joint committee or sub-committee has been appointed for the purpose of discharging functions which, as respects that local authority, are the responsibility of the executive of the local authority; and
(b) the council manager is a member of that joint committee or sub-committee.
(13) The council manager—
(a) is to be regarded for the purposes of Part I of the Local Government and Housing Act 1989 as holding a politically restricted post under the authority,
(b) may not also be the person who under section 151 of the Local Government Act 1972 has responsibility for the administration of the financial affairs of the authority, and
(c) may not also be the person who is responsible for performing the duties of the authority’s monitoring officer under section 5 of the Local Government and Housing Act 1989.
(14) The executive arrangements may include provision for the appointment by the elected mayor of one or more committees to advise the executive.
(15) The membership of any such committee as is mentioned in sub-paragraph (14) need not be determined in accordance with the political balance requirements.
(16) In the case of a local authority in Wales, the deputy mayor is entitled to the style of “dirprwy faer”.
Assistants to the executive
3A (1) Executive arrangements by a local authority may make provision for councillors of the authority to be appointed to assist the executive in discharging functions which are the responsibility of the executive.
(2) Such a councillor is referred to in this Schedule as an assistant to the executive of the authority.
(3) Assistants to the executive of an authority are to be appointed—
(a) in the case of an authority operating a mayor and cabinet executive, by the elected mayor;
(b) in the case of an authority operating a leader and cabinet executive (Wales), by the executive leader or the authority.
(4) Executive arrangements which make provision for the appointment of assistants to an executive may include provision about—
(a) the number of assistants that may be appointed,
(b) their term of office, and
(c) their responsibilities.
(5) The assistants to the executive of a local authority may not include—
(a) the chairman and vice-chairman of the authority;
(b) the presiding member and deputy presiding member of the authority (if the authority has a presiding member).
(6) An assistant to the executive of an authority is not a member of the executive of the authority.
(7) Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to a local authority's function of making appointments under sub-paragraph (3)(b).
Procedure
4 Executive arrangements by a local authority may include provision with respect to—
(a) the quorum, proceedings and location of meetings of the executive,
(b) the appointment of committees of the executive, and
(c) the quorum, proceedings and location of meetings of committees of the executive.
Meetings of executives and executive committees
5 (1) An assistant to the executive of a local authority is entitled to attend, and speak at, any meeting of the executive or of a committee of the executive.
(2) A member of a local authority who is neither a member of the authority's executive nor an assistant to the executive is entitled to attend, and speak at, a meeting of the executive, or of a committee of the executive, which is held in private only if invited to do so.
Mayor’s assistant
6 (1) The Welsh Ministers may by regulations make provision for or in connection with the appointment of a person (an “assistant”) to provide assistance to an elected mayor.
(2) Regulations under this paragraph may include provision with respect to the terms and conditions of appointment of an assistant.
(3) Nothing in sub-paragraph (2) affects the generality of the power under sub-paragraph (1).
Overview and scrutiny committees: education functions
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 (1) In this paragraph “relevant ... authority” means a local authority ... which has education functions.
(2) This paragraph applies to an overview and scrutiny committee of a relevant ... authority if the committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
(3) This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant ... authority if the sub-committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
(4) An overview and scrutiny committee or sub-committee to which this paragraph applies must include one or more persons appointed as representatives of the persons who appoint foundation governors for the maintained schools which are maintained by the authority concerned and which are specified in directions made by the Welsh Ministers as schools which have a character connected with a particular religion, or particular religious denomination, specified in the directions.
(5) Sub-paragraph (4) does not apply if there are no maintained schools which are maintained by the authority concerned and which are specified in directions under that sub-paragraph.
(6) A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (4) is to be entitled to vote at a meeting of the committee or sub-committee on any question—
(a) which relates to any education functions which are the responsibility of the authority concerned’s executive, and
(b) which falls to be decided at the meeting.
(7) The Welsh Ministers may by directions to a relevant ... authority require any of the authority’s overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for such of the maintained schools which are maintained by the authority concerned and which are not specified in directions under sub-paragraph (4) as may be specified in directions under this sub-paragraph.
(8) Directions under sub-paragraph (7) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
9 (1) In this paragraph “relevant authority” means a local authority which has education functions.
(2) This paragraph applies to an overview and scrutiny committee of a relevant authority if the committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
(3) This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant authority if the sub-committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
(4) The Welsh Ministers may by regulations require an overview and scrutiny committee or sub-committee to which this paragraph applies to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools which are maintained by the relevant authority concerned.
(5) Regulations under this paragraph may make provision for—
(a) the number of persons who are to be elected in the case of any relevant authority,
(b) the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election,
(c) the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected,
(d) the term of office of persons so elected and their voting rights,
(e) the application to any such committee or sub-committee, with or without any modification, of any enactment (whenever passed or made) relating to committees or (as the case may be) sub-committees of a local authority,
(f) such other matters connected with such elections or persons so elected as the Welsh Ministers consider appropriate.
(6) Regulations under this paragraph may also make provision—
(a) enabling the Welsh Ministers to determine, where they consider it expedient to do so in view of the small number of maintained schools which are maintained by a relevant authority, that the requirement imposed on the committee or sub-committee by virtue of sub-paragraph (4) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools,
(b) for any regulations under this paragraph to have effect, where the Welsh Ministers make any such determination, with such modifications as may be prescribed.
10 Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) applies to the performance of any duty imposed on a local authority by virtue of paragraph 8 or 9 as it applies to the performance by a local authority of a duty that is an education function but as if—
(a) the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act; an
(b) sections 24 to 27 of that Act did not apply.
11 Except for the expression “local authority”, expressions used in paragraphs 8 to 10 and the School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act.
11A. In paragraphs 8 and 10 “education functions” has the meaning given by section 579(1) of the Education Act 1996.
...
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Section 42.
Application
1 This Schedule applies where there are three or more candidates to be an elected mayor of a local authority in Wales.
Candidate with overall majority of first preference votes
2 If one of the candidates to be the elected mayor receives more than half of all the first preference votes given in the election that candidate is to be returned as the elected mayor.
No candidate with overall majority of first preference votes
3 (1) If none of the candidates to be the elected mayor receives more than half of all the first preference votes given in the election the following provisions of this paragraph are to have effect.
(2) The two candidates who received the greatest number of first preference votes given in the election remain in the contest.
(3) If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (2), all of them remain in the contest.
(4) The other candidates are eliminated from the contest.
(5) The number of second preference votes given in the election for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates is to be ascertained.
(6) That number is to be added to the number of first preference votes given for that candidate, to give his total number of preference votes.
(7) The person who is to be returned as the elected mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.
(8) If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the returning officer is to decide by lots which of them is to be returned as the elected mayor.
Section 46.
1 (1) Section 2 of the Local Government Act 1972 (constitution of principal councils in England) is amended as follows.
(2) After subsection (2) there is inserted—
(2A) Where a council mentioned in subsection (1) or (2) above are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors.
2 (1) Section 3 of that Act (chairman of principal council in England) is amended as follows.
(2) After subsection (1) there is inserted—
(1A) A member of the executive of a principal council may not be elected as the chairman of the council.
(3) After subsection (4) there is inserted—
(4A) Subsection (4) above shall have effect in relation to a district council which are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive as if it provided for the elected mayor of the council to have precedence in the district, but this subsection shall not apply if the executive arrangements provide for it not to apply.
3 (1) Section 5 of that Act (vice-chairman of principal council in England) is amended as follows.
(2) After subsection (1) there is inserted—
(1A) A member of the executive of a principal council may not be appointed as the vice-chairman of the council.
4 (1) Section 21 of that Act (constitution of principal councils in Wales) is amended as follows.
(2) After subsection (1) there is inserted—
(1A) Where a council falling within subsection (1) are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors.
5 (1) Section 22 of that Act (chairman of principal council in Wales) is amended as follows.
(2) After subsection (1) there is inserted—
(1A) A member of the executive of a principal council may not be elected as the chairman of the council.
(3) After subsection (4) there is inserted—
(4A) Subsection (4) above shall have effect in relation to a principal council which are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive as if it provided for the elected mayor of the council to have precedence in the area of that council, but this subsection shall not apply if the executive arrangements provide for it not to apply.
6 (1) Section 24 of that Act (vice-chairman of principal council in Wales) is amended as follows.
(2) After subsection (1) there is inserted—
(1A) A member of the executive of a principal council may not be appointed as the vice-chairman of the council.
7 (1) Section 25A of that Act (title of chairman or vice-chairman of county borough council) is amended as follows.
(2) After subsection (2) there is inserted—
(3) This section does not apply where a county borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive.
8 (1) Section 80 of that Act (disqualifications for election and holding office as member of local authority) is amended as follows.
(2) In subsection (1)(a) after “or deputy chairman” there is inserted “ or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive ”.
9 (1) Section 83 of that Act (declaration of acceptance of office) is amended as follows.
(2) In subsection (1), after “councillor” there is inserted “ or elected mayor ”.
(3) In subsection (3), after paragraph (a) there is inserted—
(aa) an elected mayor of the council to which the declarant is elected; or
.
10 (1) Section 84 of that Act (resignation) is amended as follows.
(2) In subsection (1), after “Act” there is inserted “ or elected as an elected mayor ”.
11 (1) Section 245 of that Act (status of certain districts, parishes and communities) is amended as follows.
(2) After subsection (1) there is inserted—
(1A) Subsection (1)(b) above does not apply where the council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive.
12 (1) Section 270 of that Act (general provisions as to interpretation) is amended as follows.
(2) In subsection (1), after the definition of “Easter break” there is inserted—
“elected mayor” has the same meaning as in Part II of the Local Government Act 2000;
.
(3) In subsection (1), after the definition of “electoral area” there is inserted—
“executive”, “executive arrangements” and “executive leader” have the same meaning as in Part II of the Local Government Act 2000;
.
(4) In subsection (1), after the definition of “land” there is inserted—
“leader and cabinet executive” has the same meaning as in Part II of the Local Government Act 2000;
.
(5) In subsection (1), after the definition of “local statutory provision” there is inserted—
“mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000;
.
(6) After subsection (4) there is inserted—
(4A) Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, subsection (4) above shall have effect with the omission of paragraphs (a) and (b).
13 (1) Schedule 2 to that Act (constitution and membership of London borough councils) is amended as follows.
(2) After paragraph 5 there is inserted—
Modifications of preceding provisions
5A Where a London borough council are operating executive arrangements which involve a leader and cabinet executive—
(a) paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
(1A) A member of the executive of a London borough council may not be elected as the mayor of the borough.
,
(b) paragraph 5 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
(1A) A member of the executive of a London borough council may not be appointed as the deputy mayor.
5B Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the preceding provisions of this Schedule shall have effect with the modifications specified in paragraphs 5C to 5I below.
5C The council shall consist of an elected mayor, a chairman and councillors.
5D Paragraphs 2(1) and 2(5) above shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough council”.
5E Paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—
(1A) A member of the executive of a London borough council may not be elected as the chairman of the council.
5F Paragraphs 2(2) to (4) and 3 above shall have effect as if for any reference to “mayor” there were substituted “chairman”.
5G Paragraph 2(5) above shall have effect as if it provided for the elected mayor to have precedence in the borough, but this paragraph shall not apply if the executive arrangements provide for it not to apply.
5H Paragraph 5 above shall have effect as if for sub-paragraphs (1) to (3) there were substituted—
(1) A London borough council shall appoint a member of the council to be vice-chairman of the council.
(1A) A member of the executive of a London borough council may not be appointed as the vice-chairman of the council.
(2) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.
(3) Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.”
5I Paragraphs 5(4) above shall have effect as if for the expression “ deputy mayor” there were substituted “vice-chairman”.
14 (1) Schedule 12 to that Act (meetings and proceedings of local authorities) is amended as follows.
(2) In paragraph 5, after sub-paragraph (3) there is inserted—
(4) A member of an executive of a principal council may not be chosen to preside under sub-paragraph (3) above.
(5) Sub-paragraphs (2)(c) and (3)(c) above do not apply where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive. ”
Section 107.
Children and Young Persons Act 1933 (c. 12)
1 In section 34A of the Children and Young Persons Act 1933 (attendance at court of parent or guardian), in subsection (2)(b) for the words “stand referred to their social services committee under” there is substituted “are social services functions within the meaning of”.
2 In section 55 of that Act (power to order parent or guardian to pay fine etc), in subsection (5)(b) for the words “stand referred to their social services committee under” there is substituted “ are social services functions within the meaning of ”.
Local Authority Social Services Act 1970 (c. 42)
3 In section 2 of the Local Authority Social Services Act 1970 (local authority to establish social services committees)—
(a) in subsection (1), for paragraphs (a) and (b) there is substituted “their social services functions”,
(b) subsection (2) is omitted.
4 In section 3 of that Act (business of social services committee), in subsection (1), the words “ (hereafter in this Act referred to as “social services functions”)” are omitted.
5 In section 13 of that Act (orders and regulations), in subsection (3), for “ 2(2)” there is substituted “ 1A ”.
6 In section 15 of that Act (citation, interpretation etc), in subsection (2), for “3” there is substituted “ 1A ”.
7 In Schedule 1 to that Act (enactments conferring functions assigned to social services committees) after the entry relating to the Housing Act 1985 there is inserted—
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
Sections 1 to 5, 7 and 8 except in so far as they assign functions to a local authority in their capacity as a local education authority. | Representation and assessment of disabled persons.
Local Government Act 1972 (c. 70)
8 In section 80 of the Local Government Act 1972 (disqualifications for election and holding office as member of local authority), in subsection (1)(e) the words “or under the Audit Commission Act 1998” are omitted.
9 In section 85 of that Act (vacation of office by failure to attend meetings), after subsection (3) there is inserted—
(3A) Any period during which a member of a local authority is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1) above (and, accordingly, a period during which a member fails to attend meetings of the authority that falls immediately before, and another such period that falls immediately after, a period of suspension or partial suspension shall be treated as consecutive).
10 In section 86 of that Act (declaration by local authority of vacancy in office in certain cases), in subsection (1)(b) after “1998” there is inserted “ or section 79 of the Local Government Act 2000 ”.
11 In section 87(1) of that Act (date of casual vacancies)—
(a) after paragraph (e) there is inserted—
(ee) in the case of a disqualification under section 79 of the Local Government Act 2000, on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant decision under that section or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;
,
(b) in paragraph (f), for “(e)” there is substituted “ (ee) ”.
12 Sections 94 to 98 of that Act (restrictions on voting) cease to have effect.
13 Section 105 of that Act (disability for voting on account of interest in contracts etc) ceases to have effect.
Local Government Act 1974 (c. 7)
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 In section 30 of that Act (reports on investigation by Local Commissioner)—
(a) in subsection (3), the words “except where subsection (3A) below applies” are omitted,
(b) subsection (3A) is omitted.
Adoption Act 1976 (c. 36)
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
National Health Service Act 1977 (c. 49)
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registered Homes Act 1984 (c. 23)
18 In its application to a registration authority which are operating executive arrangements (within the meaning of Part II of this Act), section 13 of the Registered Homes Act 1984 (right to make representations) shall have effect as if for subsection (5) there were substituted—
(5) If he informs the registration authority that he desires to make oral representations, they shall make arrangements to enable him to make such representations.
Children Act 1989 (c. 41)
19 In section 22 of the Children Act 1989 (general duty of local authority in relation to children looked after by them), in subsection (1)(b) for the words “stand referred to their social services committee under” there is substituted “ are social services functions within the meaning of ”.
20 In section 42 of that Act (right of guardian ad litem to have access to local authority records), in subsection (1)(b) for the words “stand referred to their social services committee under” there is substituted “ are social services functions within the meaning of ”.
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 In section 105 of that Act (interpretation), in subsection (5) for the words “which stand referred to the social services committee of that or any other local authority under” there is substituted “ of that or any other local authority which are social services functions within the meaning of ”.
23 In its application to a local authority (within the meaning of Schedule 6 to that Act) which are operating executive arrangements (within the meaning of Part II of this Act), paragraph 6 of that Schedule (right to make representations) shall have effect as if for subsection (5) there were substituted—
(5) If he informs the local authority that he desires to make oral representations, they shall make arrangements to enable him to make such representations.
Local Government and Housing 1989 (c. 42)
24 (1) Section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer) is amended as follows.
(2) In subsection (1), before “the officer so” there is inserted “ subject to subsection (1A) below ”.
(3) After that subsection there is inserted—
(1A) The officer designated under subsection (1) above by a relevant authority to which this subsection applies may not be the head of that authority’s paid service.
(1B) Subsection (1A) above applies to the following relevant authorities in England and Wales—
(a) a county council,
(b) a county borough council,
(c) a district council,
(d) a London borough council,
(e) the Greater London Authority, and
(f) the Common Council of the City of London in its capacity as a local authority, police authority or port health authority.
(4) In subsection (2), the words “or of any code of practice made or approved by or under any enactment” are omitted.
(5) In subsection (2), as substituted in relation to the Greater London Authority by section 73(6) of the Greater London Authority Act 1999, in paragraph (a) the words “or of any code of practice made or approved by or under any enactment” are omitted.
(6) After that subsection there is inserted—
(2A) No duty shall arise by virtue of subsection (2)(b) above unless a Local Commissioner (within the meaning of the Local Government Act 1974) has conducted an investigation under Part III of that Act in relation to the proposal, decision or omission concerned.
(7) In subsection (8), in paragraph (a) of the definition of “relevant authority”, for “(j)” there is substituted “ (k) ”.
(8) After that subsection there is inserted—
(8A) Any reference in this section to the duties of a monitoring officer imposed by this section, or to the duties of a monitoring officer under this section, shall include a reference to the functions which are conferred on a monitoring officer by virtue of Part III of the Local Government Act 2000.
25 Section 19 of that Act (members’ interests) ceases to have effect.
26 Sections 31 and 32(1) of that Act (National Code of Local Government Conduct) are omitted.
27 Sections 33 to 35 of that Act (economic development and discretionary expenditure by local authorities) cease to have effect.
Tribunals and Inquiries Act 1992 (c. 53)
28 In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Council on Tribunals), at the end of paragraph 27 there is inserted—
Local authorities, conduct of members | 27A. A case tribunal or interim case tribunal appointed under section 76 of the Local Government Act 2000.
Audit Commission Act 1998 (c. 18)
29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Greater London Authority Act 1999 (c. 29)
31 In section 6 of the Greater London Authority Act 1999 (failure to attend meeting of the Assembly), after subsection (4) there is inserted—
(5) Any period during which an Assembly member is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1).
32 Section 13 of that Act (failure of Mayor to attend meetings) is to become subsection (1) of that section and after that subsection there is inserted—
(2) Any meeting of the Assembly which the Mayor is unable to attend because he is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purposes of subsection (1) above.
33 In section 31 of that Act (limits of the general power), in subsection (5), for paragraphs (a) and (b) there is substituted “ any social services function within the meaning of the Local Authority Social Services Act 1970 ”.
34 Section 66 of that Act (the Secretary of State’s guidance on ethical standards) ceases to have effect.
Section 107.
Chapter | Short title | Extent of repeal
1970 c. 42. | Local Authority Social Services Act 1970. | Section 2(2).
In section 3(1), the words “(hereafter in this Act referred to as “social services functions”)”.
Section 6(5).
1972 c. 70. | Local Government Act 1972. | In section 80(1)(e), the words “or under the Audit Commission Act 1998”.
Sections 94 to 98.
In section 100D(2), “of the list, or”.
Section 105.
In section 265A(1)(b), “94 to 98”.
1974 c. 7. | Local Government Act 1974. | In section 30, in subsection (3), “except where subsection (3A) below applies” and subsection (3A).
1976 c. 57. | Local Government (Miscellaneous Provisions) Act 1976. | In section 25(8), the words from “Without prejudice” to “inhabitants of its area)”.
1978 c. 50. | Inner Urban Areas Act 1978. | In section 13, the words “section 137(1) of the Local Government Act 1972 or”.
1985 c. 51. | Local Government Act 1985. | In Schedule 14, paragraph 13.
1985 c. 67. | Transport Act 1985. | In section 74(12), “section 94 of the 1972 Act or”.
1985 c. 68. | Housing Act 1985. | Section 11A(4).
1986 c. 60. | Financial Services Act 1986. | In Schedule 16, paragraph 8(a).
1989 c. 42. | Local Government and Housing Act 1989. | In section 5(2)(a), and in section 5(2)(a) as substituted by section 73(6) of the Greater London Authority Act 1999, the words “or of any code of practice made or approved by or under any enactment”.
Sections 19, 31, 32(1) and 33 to 35.
In Schedule 11, paragraphs 22 and 23.
1992 c. 14. | Local Government Finance Act 1992. | In Schedule 13, paragraph 32.
1994 c. 19. | Local Government (Wales) Act 1994. | In Schedule 15, paragraph 25.
1994 c. 29. | Police and Magistrates’ Courts Act 1994. | In Schedule 4, paragraph 7.
1995 c. 25. | Environment Act 1995. | In Schedule 7, paragraphs 9 and 10.
1996 c. 16. | Police Act 1996. | In Schedule 7, in paragraph 1(2)(h), “98(1A)” and paragraph 21.
1996 c. 56. | Education Act 1996. | In Schedule 37, paragraph 63.
1997 c. 50. | Police Act 1997. | In Schedule 6, paragraphs 1 and 2.
1998 c. 18. | Audit Commission Act 1998. | In section 16(1)(a), “or 18”.
In section 17, subsection (1)(b) and “and” preceding it; in subsection (2), “subject to subsection (3)”, paragraphs (a)and (b) and “and”following paragraph (b); subsections (3), (5)(b), (7) and (8).
Section 18.
Sections 20 to 23.
In Schedule 3, paragraph 3(1).
1999 c. 29. | Greater London Authority Act 1999. | Section 66.
In Schedule 8, paragraphs 6 and 7.