Local Government and Housing Act 1989

Voting rights of members of certain committeesE+W+S

13 Voting rights of members of certain committees: England and Wales.E+W+S

(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 M1Local Government Act 1972 (ordinary committees, joint committees and sub-committees);

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the powers exercisable by any relevant authority for the purposes of section 2 of the M2Local 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—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 M3Superannuation 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 M4Education 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 [F3paragraphs (b) to (g)] above or such a sub-committee as is so prescribed.

[F4(5)Nothing in this section shall prevent the appointment of a person who is not a member of a local education authority as a voting member of—

(a)any committee or sub-committee appointed by the local authority wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as a local education authority,

(b)any joint committee appointed by two or more local authorities wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities, or

(c)any sub-committee appointed by any such committee or joint committee wholly or partly for the purpose of discharging any of that committee’s functions with respect to education,

where that appointment is required by directions given by the Secretary of State under section 297 of the Education Act 1993 (power of Secretary of State to direct appointment of members of committees).]

[F5(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 [F6committee, joint committee or sub-committee appointed for the purpose mentioned in that subsection] , 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 M5Local 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 [F7paragraphs (a) to (f) or (h) 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.

14 Voting rights of members of certain committees: Scotland.E+W+S

(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 M6Local 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.

F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Nothing in [F9subsection (1)] 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 M7Superannuation 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 M8Local Government (Scotland) Act 1973 (appointment of advisory committees by local authorities);

(c)a committee constituted in accordance with Schedule A1 to the M9Education (Scotland) Act 1980 (appeal committees for hearing placing and other appeals);

(d)a Children’s Panel Advisory Committee formed under paragraph 3 [F10, or a joint advisory committee formed under paragraph 5B] of Schedule 3 to the M10Social 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.

[F11(6)Nothing in this section shall prevent the appointment as a voting member of—

(a)a committee such as is mentioned in subsection (1) of section 124 of the M11Local Government (Scotland) Act 1973 (committees appointed by education authority); or

(b)a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or

(c)any sub-committee of such a committee or joint committee,

of a person such as is mentioned in subsection (4) of the said section 124.]

(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);

[F12(aa)section 124(5);]

[F13(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 [F14council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]; and references in this section to voting include references to making use of a casting vote.