Statutory Instrument 2001 No. 1299

      The Local Authorities (Alternative Arrangements) (England) Regulations 2001


      © Crown Copyright 2001

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STATUTORY INSTRUMENTS


2001 No. 1299

LOCAL GOVERNMENT, ENGLAND

The Local Authorities (Alternative Arrangements) (England) Regulations 2001

  Made 1st April 2001 
  Coming into force 2nd April 2001 


ARRANGEMENT OF REGULATIONS


Part I

General
1. Citation, commencement and application
2. Interpretation
3. Alternative arrangements
4. Functions which are to be the responsibility of the authority itself
5. Local authority committees and sub-committees
6. Overview and scrutiny committees

Part II

Education
7. Interpretation of Part II
8. Church representatives
9. Parent governor representatives
10. Election procedures
11. Eligibility to vote in elections
12. Qualifications for election as a parent governor representative
13. Disqualification from holding office as a parent governor representative
14. Term of office of parent governor representatives
15. Vacation of office by parent governor representatives
16. Voting rights of parent governor representatives
17. Transitional provision

The Secretary of State, in exercise of the powers conferred upon him by sections 32 and 105 of the Local Government Act 2000[
1] hereby makes the following Regulations, a draft of which has been laid before, and approved by resolution of, each House of Parliament: - 



Part I

General

Citation, commencement and application
     1.  - (1) These Regulations may be cited as the Local Authorities (Alternative Arrangements) (England) Regulations 2001 and shall come into force on the day after they are made.

    (2) These Regulations apply in relation to local authorities in England[
2].

Interpretation
     2. In these Regulations - 

    "the 2000 Act" means the Local Government Act 2000;

    "local authority", unless otherwise stated, means a local authority which is operating alternative arrangements; and

    "overview and scrutiny committee" has the meaning given by regulation 6(1).

Alternative arrangements
     3. The arrangements set out in these Regulations are specified as alternative arrangements for the purposes of Part II of the 2000 Act[4].

Functions which are to be the responsibility of the authority itself
     4.  - (1) Section 101 (arrangements for the discharge of functions by local authorities) of the 1972 Act shall not apply with respect to the discharge, by a local authority, of any function mentioned in paragraph (2), (3) or (4).

    (2) The functions mentioned in this paragraph are;

    (3) The function mentioned in this paragraph is the making of any scheme authorised or required by Regulations under section 18 (schemes for basic, attendance and special responsibility allowances for local authority members) of the Local Government and Housing Act 1989[7] or of amending, revoking or replacing any such scheme.

    (4) The functions mentioned in this paragraph are the functions of the determination of - 

    (a) the amount of any allowance payable under;

      (i) subsection (5) of section 3 (chairman's expenses) of the 1972 Act;

      (ii) subsection (4) of section 5 (vice-chairman's expenses) of that Act; or

      (iii) subsection (4) of section 173 (financial loss allowance) of that Act[8];

      (iv) section 175 (allowances for attending conferences and meetings) of that Act;

    (b) the rates at which payments are to be made under section 174 (travelling and subsistence allowances) of that Act; and

    (c) the amount of any allowance payable pursuant to a scheme under section 18 of the Local Government and Housing Act 1989, or the rates at which payments, by way of any such allowance are to be made.

    (5) Subject to paragraph (6), section 101 of the 1972 Act shall not apply with respect to the discharge of the function of amending, modifying, varying or revoking any plan or strategy mentioned in paragraph (2)(a) or (b) (whether approved or adopted before or after the coming into force of these Regulations).

    (6) Paragraph (5) does not apply to any amendment, modification, variation or revocation which - 

    (a) is required for giving effect to requirements of the Secretary of State or a Minister of the Crown in relation to a plan or strategy submitted for his approval, or to any part so submitted; or

    (b) is authorised by a determination made by the local authority - 

      (i) in pursuance of arrangements made for the discharge of functions under section 101 of the 1972 Act; and

      (ii) at the time when the local authority approves or adopts the plan or strategy, as the case may be.

Local authority committees and sub-committees
     5.  - (1) Subject to paragraph (3), where a local authority appoints a committee under section 102(1)(a) of the 1972 Act for the purpose of discharging any function in pursuance of arrangements made under section 101 of the 1972 Act, the number of members of that committee, who are members of the local authority, shall not exceed fifteen.

    (2) Subject to paragraph (3), where a committee, appointed under section 102(1)(a) of the 1972 Act, appoints a sub-committee for the purpose of discharging any function in pursuance of arrangements made under section 101 of the 1972 Act, the number of members of that sub-committee, who are members of the local authority, shall not exceed ten.

    (3) Paragraphs (1) and (2) shall not apply - 

    (4) Any reference in paragraph (3)(b) to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions[11].

Overview and Scrutiny committees
     6.  - (1) Alternative arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority, with the functions mentioned in paragraph (2), (referred to in these Regulations as overview and scrutiny committees).

    (2) Alternative arrangements by a local authority must ensure their overview and scrutiny committee has power (or that their overview and scrutiny committees have power between them) - 

 

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