Office of Public Sector Information
PART I continued
(1) Nothing in section 7(1) above or in any enactment, standing order or rule of law by virtue of which it is unlawful for a relevant authority or any committee or sub-committee of such an authority to have regard to any person’s political activities or affiliations in determining whether he should be appointed to any paid office or employment under the authority shall apply to the appointment of a person in pursuance of this section.
(2) An appointment is an appointment in pursuance of this section if—
(a) the appointment is made for the purpose of providing assistance, in the discharge of any of their functions as members of a relevant authority, to the members of any political group to which members of the authority belong;
(b) the terms of the appointment comply with subsection (3) below;
(c) the appointment is to one of not more than three posts which a relevant authority have decided to create for the purposes of this section; and
(d) each of those posts falls, under the standing orders of the authority, to be filled from time to time in accordance with the wishes of a political group to which the post has been allocated under those standing orders.
(3) The terms on which any person is appointed to or holds any appointment in pursuance of this section must be such as secure that the annual rate of remuneration for the post is less than the relevant amount and that the appointment terminates at or before the end of—
(a) in the case of a post under an authority in England and Wales, the day in the appropriate year on which the authority hold the meeting which they are required to hold in pursuance of paragraph 1 of Part I of Schedule 12 to the [1972 c. 70.] Local Government Act 1972 (annual meeting of principal councils); and
(b) in the case of a post under an authority in Scotland, the first day after the appointment on which a meeting is held in pursuance of the requirement under paragraph 1 of Schedule 7 to the [1973 c. 65.] Local Government (Scotland) Act 1973 that a meeting is held within twenty-one days from the date of an election.
(4) For the purposes of subsection (3) above the annual rate of remuneration for a post under a relevant authority is less than the relevant amount if the annual rate of remuneration in respect of the post—
(a) is less than £13,500 or such higher amount as the Secretary of State may by order made by statutory instrument specify; and
(b) where that post is a part time post, would be less than that amount if it were a full time post and carried remuneration at the same rate;
and a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) The standing orders of a relevant authority the members of which are divided into different political groups shall, for the purposes of subsection (2)(d) above—
(a) prohibit the making of an appointment to any post allocated to a political group until the authority have allocated a post to each of the groups which qualify for one;
(b) prohibit the allocation of a post to a political group which does not qualify for one; and
(c) prohibit the allocation of more than one post to any one political group.
(6) Subject to subsection (7) below, where the members of a relevant authority are divided into different political groups, a group shall qualify for a post if—
(a) the membership of that group comprises at least one-tenth of the membership of the authority;
(b) the number of the other groups (if any) which are larger than that group does not exceed two; and
(c) where the number of the other groups which are the same size as or larger than that group exceeds two, the authority have determined that that group should be a group to which a post is allocated;
and it shall be the duty of a relevant authority, before making any allocation for the purposes of this section in a case in which there are groups which would qualify for posts if paragraph (c) above were disregarded, to make such determinations under that paragraph as secure that there are no more nor less than three groups which do qualify for a post.
(7) Where the members of a relevant authority are divided into political groups only one of which has a membership that comprises one-tenth or more of the membership of the authority—
(a) the groups qualifying for a post shall be that group and one other group; and
(b) the other group shall be the one with the next largest membership or, in a case in which there is more than one group with the next largest membership, such one of those groups as may be determined by the authority;
and, in such a case, it shall be the duty of the authority to determine which of the groups with the next largest membership is to qualify for a post before making any allocation for the purposes of this section to the group with the largest membership.
(8) Neither a relevant authority nor any committee or sub-committee of a relevant authority shall exercise any power under—
(a) section 101 of the [1972 c. 70.] Local Government Act 1972 (delegation); or
(b) section 56 of, or Schedule 10 or 20 to, the [1973 c. 65.] Local Government (Scotland) Act 1973 (which makes corresponding provision for Scotland),
so as to arrange for the discharge of any of the authority’s functions by any person who holds a post under the authority to which he was appointed in pursuance of this section.
(9) No person holding any office or employment under a relevant authority shall be required to work under the direction of a person holding a post to which he was appointed in pursuance of this section except for the purpose of providing that person, or the political group to which his post is allocated, with secretarial or clerical services.
(10) Without prejudice to section 8 above, the Secretary of State may, for the purposes of this section and any standing orders relating to appointments in pursuance of this section, by regulations make provision—
(a) as to the circumstances in which the members of a relevant authority are to be treated as divided into different political groups;
(b) as to the persons who are to be treated as members of such a group and as to when a person is to be treated as having ceased to be a member of such a group;
(c) requiring the question whether a person is or is not a member of a political group to be determined in such manner as may be provided for by or under the regulations;
(d) requiring a relevant authority from time to time to review allocations made for the purposes of this section;
(e) specifying the manner in which, and times at which, the wishes of a political group are to be expressed and the consequences of a failure by such a group to express its wishes;
and regulations under this section may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate.
(11) In this section—
“appropriate year”, in relation to a post held by any person under a relevant authority, means—
(a) where the authority is one in relation to which provision for whole council elections has been made by virtue of section 7(4)(a) or 26(2)(a) of the [1972 c. 70.] Local Government Act 1972, the period of twelve months beginning with the first such election to be held after that person is appointed to that post; and
(b) in any other case, the period of twelve months beginning with the third anniversary of that person’s appointment to that post;
“membership”, in relation to a relevant authority, means the number of persons who are for the time being members of the authority;
“relevant authority”—
(a) in relation to England and Wales, means the council of any county, district or London borough; and
(b) in relation to Scotland, means a regional, islands or district council.
(1) Notwithstanding anything in subsection (4) of section 29 of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (conditions of time off for public duties), where—
(a) a local authority permit an employee of theirs to take time off for the purpose of performing the duties of a member of a relevant council; and
(b) those duties do not include the duties of chairman of the council,
it shall be unlawful for the authority to make any payment of remuneration or other payment to that employee in respect of so much (if any) of any time off for that purpose as is in excess of two hundred and eight hours in any one financial year and is time off to which the employee would not be entitled apart from his membership of that council.
(2) In this section—
“chairman”, in relation to a relevant council, includes any corresponding office the holder of which is referred to as mayor or Lord Mayor or by any other description;
“employee” has the same meaning as in the [1978 c. 44.] Employment Protection (Consolidation) Act 1978;
“financial year” means the twelve months ending with 31st March; and
“relevant council” means the council of any county, district or London borough, the Common Council of the City of London, a parish or community council or any council in Scotland which is a local authority for the purposes of subsection (1) of section 29 of that Act (time off for public duties);
and subsection (3) of that section (meaning of duties of a member of a body) shall apply for the purposes of this section as it applies for the purposes of that section.
(1) Nothing in section 17 of the [1982 c. 32.] Local Government Finance Act 1982 or section 79 of the [1985 c. 51.] Local Government Act 1985 (public inspection of accounts etc.) or in section 101 or 106 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (which makes corresponding provision for Scotland) shall entitle any person—
(a) to inspect so much of any document as contains personal information about a member of the relevant body’s staff; or
(b) to require any such information to be disclosed in answer to any question.
(2) Information shall be regarded as personal information about a member of the relevant body’s staff if it relates specifically to a particular individual and is available to that body for reasons connected with the fact—
(a) that that individual holds or has held any office or employment under that body; or
(b) that payments or other benefits in respect of any office or employment under any other person are or have been made or provided to that individual by that body.
(3) In this section—
“document” includes accounts, books, deeds, contracts, bills, vouchers and receipts; and
“relevant body” in relation to accounts which are required to be audited in accordance with Part III of the said Act of 1982 or Part VII of the said Act of 1973, means the body whose accounts are required to be audited or, as the case may be, the Common Council of the City of London;
and references in this section to a payment made or benefit provided to an individual in respect of any office or employment include references to a payment made or benefit provided to him in respect of his ceasing to hold the office or employment.
(4) This section shall have effect only in relation to—
(a) the inspection of, or of documents relating to, accounts for periods beginning on or after 1st April 1990; and
(b) the disclosure of information in answer to questions about such accounts.
(1) It shall be the duty of a local authority to secure that, so far as practicable, the interests of that authority in any negotiations with respect to the terms and conditions on which persons in local authority employment hold office or are employed are never represented, whether directly or indirectly by, or by persons who include—
(a) a person who is both a member of the authority and in such employment; or
(b) a person who is both a member of the authority and an official or employee of a trade union whose members include persons in local authority employment.
(2) In this section—
“member”, in relation to a trade union, includes any person who is a member of that union within the meaning of the [1988 c. 19.] Employment Act 1988; and
“official” and “trade union” have the same meanings as in the [1974 c. 52.] Trade Union and Labour Relations Act 1974;
and a person shall be treated for the purposes of this section as in local authority employment if he holds any paid office or employment under a local authority or any such paid office or employment under any other person as, by virtue of section 80(1)(a) of the [1972 c. 70.] Local Government Act 1972 or section 31(1)(a) of the [1973 c. 65.] Local Government (Scotland) Act 1973, disqualifies him for membership of any authority.
(3) This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.
(1) Subject to the following provisions of this section, a person who—
(a) is a member of a committee appointed under a power to which this section applies by a relevant authority and is not a member of that authority;
(b) is a member of a joint committee appointed under such a power by two or more relevant authorities and is not a member of any of those authorities; or
(c) is a member of a sub-committee appointed under such a power by such a committee as is mentioned in paragraph (a) or (b) above and is not a member of the relevant authority, or one of the relevant authorities, which appointed that committee,
shall for all purposes be treated as a non-voting member of that committee, joint committee or, as the case may be, sub-committee.
(2) The powers to which this section applies are—
(a) the powers conferred on any relevant authority by subsection (1) of section 102 of the [1972 c. 70.] Local Government Act 1972 (ordinary committees, joint committees and sub-committees);
(b) the powers exercisable by any relevant authority in accordance with any arrangements approved under paragraph 1 of Part II of Schedule 1 to the [1944 c. 31.] Education Act 1944, by virtue of any order under paragraph 3 of that Part of that Schedule or by virtue of paragraph 10 of that Part of that Schedule (education committees, joint education committees and education sub-committees);
(c) the powers exercisable by any relevant authority for the purposes of section 2 of the [1970 c. 42.] Local Authority Social Services Act 1970 (social services committees) or by virtue of section 4 of that Act (joint social services committees and sub-committees).
(3) Nothing in subsection (1) above shall require a person to be treated as a non-voting member of a committee or sub-committee falling within subsection (4) below; but, except—
(a) in the case of a sub-committee appointed by a committee falling within paragraph (e) of that subsection; and
(b) in such cases as may be prescribed by regulations made by the Secretary of State,
a person who is a member of a sub-committee falling within that subsection shall for all purposes be treated as a non-voting member of that sub-committee unless he is a member of the committee which appointed the sub-committee.
(4) A committee or sub-committee falls within this subsection if it is—
(a) a committee appointed for the purposes of section 2 or 3(4) of the [1964 c. 48.] Police Act 1964 (constitution of a committee of a relevant authority as a police authority);
(b) a local fisheries committee for any sea fisheries district;
(c) a committee established in accordance with any regulations made by virtue of section 7 of the [1972 c. 11.] Superannuation Act 1972 (regulations making provision for the superannuation of persons employed in local government service etc.);
(d) a National Parks Committee;
(e) a committee appointed under section 102(4) of the Local Government Act 1972 (appointment of advisory committees by local authorities);
(f) a committee constituted in accordance with Part I of Schedule 2 to the [1980 c. 20.] Education Act 1980 (appeal committees for hearing school admissions appeals);
(g) a committee established exclusively for the purpose of discharging such functions of a relevant authority as may be prescribed by regulations made by the Secretary of State;
(h) a sub-committee appointed by a committee falling within any of paragraphs (a) to (g) above or such a sub-committee as is so prescribed.
(5) Nothing in this section shall prevent—
(a) any arrangements for the purposes of paragraph 1 of Part II of Schedule 1 to the [1944 c. 31.] Education Act 1944 (education committees);
(b) any order under paragraph 3 of that Part (joint education committees and sub-committees of joint education committees); or
(c) any order under paragraph 10 of that Part (sub-committees of education committees),
from providing for a person who is not a member of a local education authority to be appointed as a voting member of an education committee or joint education committee, or of a sub-committee of such a committee or joint committee, in accordance with such provisions of the arrangements or order as are approved or made by the Secretary of State for the purpose of securing the representation on that committee, joint committee or sub-committee of persons who appoint foundation governors of voluntary schools in the area of the authority or, as the case may be, in the area of any of the authorities which have appointed the joint education committee.
(6) The Secretary of State may, if it appears to him appropriate to do so in consequence of the preceding provisions of this section, withdraw any approval given before the coming into force of this section in relation to any arrangements for the purposes of paragraph 1 of Part II of Schedule 1 to the said Act of 1944.
(7) Where a person is treated by virtue of this section as a non-voting member of any committee, joint committee or sub-committee, he shall not be entitled to vote at any meeting of the committee, joint committee or sub-committee on any question which falls to be decided at that meeting; and the reference in subsection (5) above to a voting member, in relation to any education committee or sub-committee of an education committee, is a reference to a person who is entitled to vote at any meeting of that committee or sub-committee on any question which falls to be decided at that meeting.
(8) In subsection (3) of section 102 of the [1972 c. 70.] Local Government Act 1972, the words from “but at least” onwards (which require at least two-thirds of certain committees to be members of the appointing authority or authorities) shall be omitted.
(9) In this section—
“foundation governors” has the same meaning as in the Education Act 1944; and
“relevant authority” means a local authority of any of the descriptions specified in paragraphs (a) to (j) of section 21(1) below or any parish or community council;
and references in this section to voting include references to making use of a casting vote.
(1) Subject to the following provisions of this section, a person who—
(a) is a member of a committee appointed under subsection (1) of section 57 of the [1973 c. 65.] Local Government (Scotland) Act 1973 by a relevant authority and is not a member of that authority;
(b) is a member of a joint committee appointed under that subsection by two or more relevant authorities and is not a member of any of those authorities; or
(c) is a member of a sub-committee appointed under that subsection by such a committee as is mentioned in paragraph (a) or (b) above and is not a member of the relevant authority, or one of the relevant authorities, which appointed that committee,
shall for all purposes be treated as a non-voting member of that committee, joint committee or, as the case may be, sub-committee.
(2) Subject to the following provisions of this section, a person who—
(a) is a member of an education committee appointed under section 124 of the Local Government (Scotland) Act 1973 by an education authority and is not a member of that authority;
(b) is a member of a joint committee appointed under paragraph 7 of Schedule 10 to that Act by two or more education authorities and is not a member of any of these authorities; or
(c) is a member of a sub-committee appointed under paragraph 8 of that Schedule by an education committee or such a joint committee and is not a member of the education committee or, as the case may be, one of the education authorities which appointed the joint committee,
shall for all purposes be treated as a non-voting member of that committee, joint committee or, as the case may be, sub-committee.
(3) Subject to the following provisions of this section, a person who—
(a) is a member of a social work committee appointed under section 2 of the [1968 c. 49.] Social Work (Scotland) Act 1968 by a local authority for the purposes of that Act and is not a member of that authority;
(b) is a member of a joint committee appointed under paragraph 6 of Schedule 20 to the Local Government (Scotland) Act 1973 by two or more such authorities and is not a member of any of those authorities; or
(c) is a member of a sub-committee appointed under paragraph 7 of that Schedule by a social work committee or such a joint committee and is not a member of the social work committee or, as the case may be, one of the local authorities which appointed the joint committee,
shall for all purposes be treated as a non-voting member of that committee, joint committee or, as the case may be, sub-committee.
(4) Nothing in subsections (1) to (3) above shall require a person to be treated as a non-voting member of a committee or sub-committee falling within subsection (5) below; but, except—
(a) in the case of a sub-committee appointed by a committee falling within paragraph (b) of that subsection; and
(b) in such cases as may be prescribed by regulations made by the Secretary of State,
a person who is a member of a sub-committee falling within that subsection shall for all purposes be treated as a non-voting member of that sub-committee unless he is a member of the committee which appointed the sub-committee.
(5) A committee or sub-committee falls within this subsection if it is—
(a) a committee established in accordance with any regulations made by virtue of section 7 of the [1972 c. 11.] Superannuation Act 1972 (regulations making provision for the superannuation of persons employed in local government service etc.);
(b) a committee appointed under section 57(4) of the [1973 c. 65.] Local Government (Scotland) Act 1973 (appointment of advisory committees by local authorities);
(c) a committee constituted in accordance with Schedule A1 to the [1980 c. 44.] Education (Scotland) Act 1980 (appeal committees for hearing placing and other appeals);
(d) a Children’s Panel Advisory Committee formed under paragraph 3 of Schedule 3 to the [1968 c. 49.] Social Work (Scotland) Act 1968;
(e) a committee established exclusively for the purpose of discharging such functions of a relevant authority as may be prescribed by regulations made by the Secretary of State;
(f) a sub-committee appointed by a committee falling within any of paragraphs (a) to (e) above or such a sub-committee as is so prescribed.
(6) Nothing in this section shall prevent the appointment as a voting member of—
(a) an education committee; or
(b) a joint committee appointed under paragraph 7 of Schedule 10 to the Local Government (Scotland) Act 1973; or
(c) a sub-committee appointed under paragraph 8 of that Schedule,
of a person appointed to the education committee under paragraph (a) of subsection (3) of section 124 of that Act (appointment of certain persons to education committees).
(7) Where a person is treated by virtue of this section as a non-voting member of any committee, joint committee or sub-committee, he shall not be entitled to vote at any meeting of the committee, joint committee or sub-committee on any question which falls to be decided at that meeting; and the reference in subsection (6) above to a voting member, in relation to any such committee, joint committee or sub-committee as is mentioned in that subsection, is a reference to a person who is entitled to vote at any meeting of that committee, joint committee or sub-committee on any question which falls to be decided at that meeting.
(8) In the Local Government (Scotland) Act 1973—
(a) in section 57(3), the words from “but at least” onwards (which require at least two-thirds of certain committees to be members of the appointing authority or authorities);
(b) in section 161(6), the words from “but at least” onwards (which make corresponding provision in relation to a social work committee);
(c) in Schedule 10, paragraph 11 (which requires at least half of a joint education committee to be members of the appointing authorities);
(d) in Schedule 20, paragraph 10 (which requires at least two-thirds of a joint social work committee to be members of the appointing authorities),
shall be omitted.
(9) In this section “relevant authority” means a regional, islands or district council; and references in this section to voting include references to making use of a casting vote.
(1) It shall be the duty of a relevant authority having power from time to time to make appointments to a body to which this section applies to review the representation of different political groups on that body—
(a) where the members of the authority are divided into different political groups at the time when this section comes into force, as soon as practicable after that time;
(b) where the authority hold annual meetings in pursuance of paragraph 1 of Part I of Schedule 12 to the [1972 c. 70.] Local Government Act 1972 (annual meeting of principal councils) and the members of the authority are divided into different political groups at the time of any such meeting, at or as soon as practicable after the meeting;
(c) where, at the time of the meeting required by paragraph 1 of Schedule 7 to the [1973 c. 65.] Local Government (Scotland) Act 1973 to be held in an election year within twenty-one days of the election, the members of the authority are divided into different political groups, at or as soon as practicable after the meeting;
(d) as soon as practicable after any such division as is mentioned in paragraphs (a) to (c) above occurs; and
(e) at such other times as may be prescribed by regulations made by the Secretary of State.
(2) Except in such cases as may be prescribed by regulations made by the Secretary of State, it shall be the duty of every committee of a relevant authority which is a committee having power from time to time to make appointments to a body to which this section applies to review the representation of different political groups on that body—
(a) where the members of the authority are divided into different political groups at the time when this section comes into force, as soon as practicable after that time; and
(b) as soon as practicable after any occasion on which the members of the committee are changed in consequence of a determination under this section.
(3) Where at any time the representation of different political groups on a body to which this section applies falls to be reviewed under this section by any relevant authority or committee of a relevant authority, it shall be the duty of that authority or committee, as soon as practicable after the review, to determine the allocation to the different political groups into which the members of the authority are divided of all the seats which fall to be filled by appointments made from time to time by that authority or committee.
(4) Subject to subsection (6) below, it shall be the duty of a relevant authority or committee of a relevant authority—
(a) in performing their duty under subsection (3) above; and
(b) in exercising their power, at times not mentioned in subsection (3) above, to determine the allocation to different political groups of seats on a body to which this section applies,
to make only such determinations as give effect, so far as reasonably practicable, to the principles specified in subsection (5) below.
(5) The principles mentioned in subsection (4) above, in relation to the seats on any body which fall to be filled by appointments made by any relevant authority or committee of a relevant authority, are—
(a) that not all the seats on the body are allocated to the same political group;
(b) that the majority of the seats on the body is allocated to a particular political group if the number of persons belonging to that group is a majority of the authority’s membership;
(c) subject to paragraphs (a) and (b) above, that the number of seats on the ordinary committees of a relevant authority which are allocated to each political group bears the same proportion to the total of all the seats on the ordinary committees of that authority as is borne by the number of members of that group to the membership of the authority; and
(d) subject to paragraphs (a) to (c) above, that the number of the seats on the body which are allocated to each political group bears the same proportion to the number of all the seats on that body as is borne by the number of members of that group to the membership of the authority.
(6) Where any relevant authority or committee of a relevant authority are required, in determining the allocation to different political groups of seats on a body to which this section applies, to give effect to the principles specified in subsection (5) above—
(a) any seats which, in accordance—
(i) with provision made by virtue of subsection (5) of section 13 above; or
(ii) with subsection (6) of section 14 above,
are to be or may be filled by the appointment of persons who are not members of the authority shall be taken into account for the purpose of determining how many seats constitute a majority of the seats on a body mentioned in either of those subsections; but
(b) that authority or committee shall, in making that determination, disregard for all other purposes any seats which, in accordance with any such provision, the said subsection (6) or otherwise, are to be or may be so filled;
and for the purposes of this subsection a seat on an advisory committee of a relevant authority or on a sub-committee appointed by such an advisory committee shall not be treated as one which may be so filled unless the authority have determined that it must be so filled.
(7) Schedule 1 to this Act shall have effect for determining the bodies to which this section applies and for the construction of this section and sections 16 and 17 below.
(1) Where any relevant authority or any committee of a relevant authority have determined the allocation to different political groups of the seats on a body to which section 15 above applies, it shall be the duty of that authority or committee so to exercise their power to make appointments to that body as to give effect—
(a) as soon as practicable after the determination; and
(b) if a vacancy subsequently occurs on that body, as soon as practicable after the occurrence of the vacancy,
to such wishes about who is to be appointed to the seats on that body which are allocated to a particular political group as are expressed by that group.
(2) Where—
(a) any person has been appointed, otherwise than for a fixed term, to a body to which section 15 above applies; and
(b) that appointment was made, in pursuance of subsection (1) above, in accordance with the wishes of a political group,
then, so long as that person’s seat continues to be allocated to that group, the authority or committee which made the appointment shall act in accordance with the wishes of that group in determining whether and when to terminate the appointment.
(3) The proceedings of a body to which section 15 above applies shall not be invalidated by any defect by virtue of this section or that section in the appointment of any person to that body.
(4) This section applies in relation to an allocation of seats to different political groups whether or not that allocation is made in pursuance of any duty under section 15 above.
(1) Subject to subsection (2) below, sections 15 and 16 above shall not apply in relation to appointments by a relevant authority or committee of a relevant authority to any body in so far as different provision is made by arrangements approved by the authority or committee—
(a) in such manner as may be prescribed by regulations made by the Secretary of State; and
(b) without any member of the authority or committee voting against them.
(2) Arrangements approved under subsection (1) above in relation to any body shall not affect any duty imposed by virtue of section 15(1)(c), (d) or (e) or (2) above on a relevant authority or committee to review the representation of different political groups on that body; and, accordingly, such arrangements shall cease to have effect when any such duty arises.
(3) The Secretary of State may, for the purpose of securing what appears to him to be the appropriate representation of different political groups on any sub-committee falling within subsection (4) below, by regulations make such provision as he thinks fit.
(4) The sub-committees that fall within this subsection are those to which appointments may be made by bodies to which section 15 above applies but which are not themselves such bodies.
(5) Without prejudice to the generality of subsection (3) above, regulations under that subsection may contain provision applying, with or without modifications, any provision made by or under section 15 or 16 above, subsections (1) and (2) above or Schedule 1 to this Act.
Local Government and Housing Act 1989 (C. 42)