The Local Authorities (Standing Orders) (England) Regulations 2001

PART IVAUTHORITY OPERATING ALTERNATIVE ARRANGEMENTS

1.  In this Part—

“the 1989 Act” means the Local Government and Housing Act 1989(1);

“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 5, 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 officer designated under section 4(1) of the 1989 Act (designation and reports of head of paid service) as the head of the authority’s paid service 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 officer designated as the head of the authority’s paid service;

(b)a statutory chief officer within the meaning of section 2(6) of the 1989 Act(2) (politically restricted posts);

(c)a non-statutory chief officer within the meaning of section 2(7) of the 1989 Act;

(d)a deputy chief officer within the meaning of section 2(8) of the 1989 Act; or

(e)a person appointed in pursuance of section 9 of the 1989 Act(3) (assistants for political groups).

4.  Where a committee, sub-committee or officer is discharging, on behalf of the authority, the function of the appointment or dismissal of an officer designated as the head of the authority’s paid service, the authority must approve that appointment before an offer of appointment is made to him or, as the case may be, must approve that dismissal before notice of dismissal is given to him.

5.  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 by—

(a)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.