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1. In this Part—
“the 2000 Act” means the Local Government Act 2000(1);
“council manager” has the same meaning as in section 11(4)(b) of the 2000 Act;
“disciplinary action” has the same meaning as in the Local Authorities (Standing Orders) (England) Regulations 2001; and
“member of staff” means a person appointed to or holding a paid office or employment under the authority.
2. Subject to paragraphs 3 and 4, the function of appointment and dismissal of, and taking disciplinary action against, a member of staff of the authority must be discharged, on behalf of the authority, by the council manager or by an officer nominated by him.
3. Paragraph 2 shall not apply to the appointment or dismissal of, or disciplinary action against—
(a)the council manager(2);
(b)a person appointed in pursuance of section 9 of the Local Government and Housing 1989 Act(3) (assistants for political groups); or
(c)a person appointed in pursuance of regulations under paragraph 6 of Schedule 1 to the 2000 Act (mayor’s assistant).
4. Nothing in paragraph 2 shall prevent a person from serving as a member of any committee or sub-committee established by the authority to consider an appeal—
(a)by another person against any decision relating to the appointment of that other person as a member of staff of the authority; or
(b)a member of staff of the authority against any decision relating to the dismissal of, or taking disciplinary action against, that member of staff.
The council manager is appointed to the executive by the authority: see section 11(4)(b) and (10) of the 2000 Act.
1989 c. 42. There are amendments to section 9 which are not relevant to these Regulations.
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