http://www.legislation.gov.uk/id/uksi/2008/2867

http://www.legislation.gov.uk/uksi/2008/2867/regulation/16/made

The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

Local government

Council policies and plans

Legislation

Local government committees

County councils

King's Printer of Acts of Parliament

2016-04-22

LOCAL GOVERNMENT, ENGLAND

Part 1 of the Local Government and Public Involvement in Health Act 2007 (the “2007 Act”) provides for the establishment of a single tier of local government for areas in England. There is a single tier of local government for an area if there is either a county council and no district councils for that area, or a district council and no county council for that area (section 1(2) of the 2007 Act). Where the Secretary of State has received a proposal or a recommendation that there should be a single tier of local government for an area, he may make an order to implement the proposal or recommendation with or without modification. These Regulations make incidental, consequential, transitional and supplementary provision of general application in relation to the exercise of functions by local authorities during the transitional period (defined in regulation 2) for the purposes of, and in consequence of, orders made by the Secretary of State under section 7 of the 2007 Act (“section 7 orders”).

The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

reg. 9(12)

The Local Government (Structural Changes) (General) (Amendment) Regulations 2018

reg. 5(2)(c)

reg. 1

The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

reg. 12(1)(a)(v)

(vi)

The Local Government (Structural Changes) (General) (Amendment) Regulations 2018

reg. 5(4)(b)(iii)

reg. 1

The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

reg. 12(10)

The Local Government (Structural Changes) (General) (Amendment) Regulations 2018

reg. 5(4)(j)

reg. 1

The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

reg. 19(4)-(7)

The Local Government (Structural Changes) (General) (Amendment) Regulations 2018

reg. 5(6)(b)

reg. 1

The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

reg. 32(4)

The Local Government (Structural Changes) (General) (Amendment) Regulations 2018

reg. 5(10)(d)

reg. 1

The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

reg. 26(3)

The Local Government (Structural and Boundary Changes) (Amendment) Regulations 2018

reg. 15(2)(d)

reg. 1

The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

reg. 12(5A)

(5B)

The Local Government (Structural Changes) (Coronavirus) (Amendment) Regulations 2020

reg. 2(2)(c)

reg. 1

PART 5MEMBERSHIP OF CERTAIN LICENSING AND PLANNING COMMITTEES

Temporary co-opted membership of committees discharging licensing or planning functions16

1

Subject to paragraph (6), where the Implementation Executive of a 2009-electing council so resolves, a person specified in the resolution who—

a

immediately before the passing of the resolution is a member of the Implementation Executive; and

b

is not a member of the related preparing council,

shall, for the duration of the pre-election period, be a co-opted member of such one or more relevant committees of the 2009-electing council as the Implementation Executive shall specify in the resolution.

2

Subject to paragraph (6), where the Implementation Executive of a preparing council which on the reorganisation date will be a 2009-electing council so resolves before the reorganisation date—

a

a member of the Implementation Executive specified in the resolution who, immediately before the passing of the resolution, is not a member of the related preparing council; or

b

a person specified in the resolution who is a member for the time being of a committee referred to in paragraph (3),

shall, for the duration of the pre-election period, be a co-opted member of such one or more relevant committees as exercise licensing functions as the Implementation Executive shall specify in the resolution.

3

The committee mentioned in paragraph (2) is a committee that discharges licensing functions of a predecessor council that is related to the preparing council concerned.

4

Subject to paragraph (6), where the Implementation Executive of a preparing council which on the reorganisation date will be a 2009-electing council so resolves before the reorganisation date—

a

a member of the Implementation Executive specified in the resolution who, immediately before the passing of the resolution, is not a member of the related preparing council; or

b

a person specified in the resolution who is a member for the time being of a committee referred to in paragraph (5),

shall, for the duration of the pre-election period, be a co-opted member of such one or more relevant committees as exercise planning functions as the Implementation Executive shall specify in the resolution.

5

The committee mentioned in paragraph (4) is a committee that discharges planning functions of a predecessor council that is related to the preparing council concerned.

6

Paragraphs (1), (2) and (4) do not apply where the preparing council is a district council.

7

For the purposes of paragraphs (1), (2) and (4) it is immaterial that a person, who before the reorganisation date is a member of a predecessor council, ceases on that date to be a member of it.

8

Section 102(2) of the 1972 Act shall not apply in relation to a person who is a co-opted member of a relevant committee of a description specified in paragraph (b) or (c) of the definition of “relevant committee”; and the term of office of any such person shall be the pre-election period.

9

Subsection (1) of section 13 of the 1989 Act (voting rights of members of certain committees: England and Wales), shall not apply to a person who is a co-opted member of a relevant committee by virtue of a resolution under paragraph (2) or (4).

10

Nothing in paragraph (1), (2), (4) or (8) shall prevent the Implementation Executive of a 2009-electing council from resolving on or after the reorganisation date—

a

that a person in respect of whom a resolution had been passed under this regulation before that date should from such date as may be specified in the resolution cease to be a co-opted member of a relevant committee; or

b

that a member of the Implementation Executive who was not a member of the 2009-electing council’s related preparing council should be a co-opted member of a relevant committee.