C15Part VI Discharge of Functions
C17C18C19C20C21C22C23C24C25C26101 Arrangements for discharge of functions by local authorities. C16
1
Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions—
C27a
by a committee, a sub-committee or an officer of the authority; or
C28b
by any other local authority.
C29C302
Where by virtue of this section any functions of a local authority may be discharged by a committee of theirs, then, unless the local authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority and where by virtue of this section any functions of a local authority may be discharged by a sub-committee of the authority, then, unless the local authority or the committee otherwise direct, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.
3
Where arrangements are in force under this section for the discharge of any functions of a local authority by another local authority, then, subject to the terms of the arrangements, that other authority may arrange for the discharge of those functions by a committee, sub-committee or officer of theirs and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of that other authority.
4
Any arrangements made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangements are made from exercising those functions.
5
Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—
a
they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and
b
any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.
C316
A local authority’s functions with respect to levying, or issuing a precept for, a rate . . . F2 shall be discharged only by the authority.
7
A local authority shall not make arrangements under this section for the discharge of any of their functions under the M1Diseases of Animals Act 1950 by any other local authority.
8
Any enactment, except one mentioned in subsection (9) below, which contains any provision—
a
which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or
b
which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions, or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;
shall, to the extent that it makes any such provision, cease to have effect.
9
The following enactments, that is to say—
F3a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
c
sections 2 and 3 of the M2Police Act 1964 (police committees);
d
section 1 of the M3Sea Fisheries Regulation Act 1966;
e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
f
section 2 of the M4Local Authority Social Services Act 1970 (social services committees);
g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
h
Part I of Schedule 17 to this Act;
are exempted from subsection (8) above.
10
This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which by any enactment mentioned in subsection (9) above are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
12
References in this section and section 102 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.
C32C3313
In this Part of this Act “local authority” includes the Common Council, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, F8any joint authority except a police authority, . . . F9, a joint board on which a local authority within the meaning of this Act or any of the foregoing authorities are represented and, without prejudice to the foregoing, any port health authority.
14
Nothing in this section affects the operation of section 5 of the 1963 Act or the M5Local Authorities (Goods and Services) Act 1970.
C34C35102 Appointment of committees.
1
For the purpose of discharging any functions in pursuance of arrangements made under section 101 above F10orF11section 53 of the Children Act 1989—
a
a local authority may appoint a committee of the authority; or
C36b
two or more local authorities may appoint a joint committee of those authorities; or
C36c
any such committee may appoint one or more sub-committees.
C37C38C36C392
Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee
C38C363
A committee appointed under subsection (1) above, other than a committee for regulating and controlling the finance of the local authority or of their area, may, subject to section 104 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, . . . F12
4
A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities on any matter relating to the discharge of their functions, and any such committee—
a
may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and
b
may appoint one or more sub-committees to advise the committee with respect to any such matter.
C37C36C395
Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall upon ceasing to be a member of that authority also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.
C40103 Expenses of joint committees.
The expenses incurred by a joint committee of two or more local authorities whether appointed or established under this Part of this Act or any other enactment shall be defrayed by those authorities in such proportions as they may agree or in case of disagreement as may be determined—
a
in any case in which those authorities are the councils of parishes or communities or groups of parishes or communities situated in the same district, by the district council; and
b
in any other case, by a single arbitrator agreed on by the appointing authorities or, in default of agreement, appointed by the Secretary of State.
C41104 Disqualification for membership of committees and joint committees.
1
Subject to subsection (2) below, a person who is disqualified under Part V of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee (including a sub-committee) of the authority and another local authority, whether the committee or joint committee are appointed under this Part of this Act or under any other enactment.
2
A person shall not by reason of his being a teacher in, or being otherwise employed in, any school, . . . F13 or other educational institution maintained or assisted by a local education authority be disqualified for being a member of any committee of any local authority—
a
appointed F14wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities; or
b
appointed for purposes connected with the execution of the M6Public Libraries and Museums Act 1964;
or for being a representative of a local authority on a joint committee of the authority and another authority which has been appointed or established for any such purpose.
3
Section 92 above shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee of a local authority or a joint committee of two or more local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.
4
In the application of this section to the Common Council for the reference to Part V of this Act there shall be substituted a reference to the enactments for the time being in force relating to disqualification for membership of the Common Council.
C1C2C3C4C5C6C7105 Disability for voting on account of interest in contracts, etc.
Sections 94 to 98 above shall apply as respects members of a committee of a local authority or of a joint committee of two or more local authorities (including in either case a sub-committee), whether the committee or joint committee are appointed or established under this Part of this Act or under any other enactment, as they apply in respect of members of local authorities, subject to the following modifications—
a
references to meetings of any such committee shall be substituted for references to meetings of the local authority; and
b
in the case of members of a committee of a local authority of any sub-committee the right of persons who are members of the committee or sub-committee but not members of the local authority to inspect the book kept under section 96(2) above shall be limited to an inspection of the entries in the book relating to the members of the committee or sub-committee.
C8C9C10C11C12C13C14106 Standing orders.
Standing orders may be made as respects any committee of a local authority by that authority or as respects a joint committee of two or more local authorities, whether appointed or established under this Part of this Act or any other enactment, by those authorities with respect to the quorum, proceedings and place of meeting of the committee or joint committee (including any sub-committee) but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.
107 Application of foregoing provisions to police authorities.
1
Subject to the following provisions of this section—
a
sections 101 to 103 and 106 above shall apply to a police authority other than the Secretary of State as they apply to a local authority;
b
sections 104 and 105 above shall apply both to a police authority and a committee of any such authority or authorities as they apply to a committee of a local authority or authorities;
and in their application to the Common Council as police authority those sections shall have effect subject to those provisions.
2
A police authority may not arrange for the discharge of their functions by another police authority, and section 101(1)(b) and (3) above shall not apply to a police authority.
3
The officers who may discharge the functions of a police authority in pursuance of arrangements under section 101(1), (2) or (5) above shall include the chief officer of police, his deputy while performing his duties and any civilian officer employed for the purposes of the police authority or one of the police authorities.
4
A police authority may not arrange under section 101 above for the discharge of their functions by a committee or officer as respects part only of their area.
5
Section 101(10) above shall not apply to a police authority.
6
Any committee appointed under section 102 above for discharging the functions of one or more police authorities (including any sub-committee) shall consist only of members of the appointing authority or authorities and section 102(3) above shall not apply to committees of police authorities.
7
Section 103 above, in its application to a joint committee of police authorities, shall have effect as if for paragraphs (a) and (b) there were substituted the words “by the Secretary of State”.
8
A person shall not be disqualified by virtue of section 104 above for being a member of a police authority or the committee (or any sub-committee) of any such authority or authorities by virtue of his holding any office or employment, except employment for the purposes of the police authority or one of the police authorities.
9
Section 106 above shall not authorise any county council to make standing orders with respect to the quorum, proceedings or place of meeting of a police authority.
10
For the purposes of this section the following persons shall be treated as employed for the purposes of a police authority, that is to say—
a
any person employed under section 10 of the M7Police Act 1964 for police purposes of the police authority’s area; and also
b
in the case of a combined police authority, any person whose services are made available for the use of that authority in pursuance of section 4(5) of that Act.
108 Committees of parish meetings.
In a parish not having a separate parish council the parish meeting may, subject to any provisons made by a grouping order and subject to such conditions as the meeting may impose, arrange for the discharge of any of their functions by a committee of local government electors for the parish, but any such arrangement shall not prevent the meeting from exercising those functions.
109 Conferring functions of parish council on parish meeting.
1
On the application of the parish meeting of a parish not having a separate parish council, the district council may, subject to the provisions of the grouping order if the parish is grouped with any other parish, by order confer on the parish meeting any functions of a parish council.
2
Two copies of every order made under this section shall be sent by the district council to the Secretary of State.
Pt. VI (ss. 101-110): power conferred to make provisions about matters of the kind dealt with in this part (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(iv); S.I. 1997/1930, art. 2(1)(2)(m)