The Local Government (Committees and Political Groups) (Amendment) Regulations 1998

• Citation: S.I. 1998/1918
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Local Government (Committees and Political Groups) (Amendment) Regulations 1998 and shall come into force on 2nd September 1998.

Section 2 Amendment of Regulations

The Local Government (Committees and Political Groups) Regulations 1990 shall be amended in accordance with the following provisions of these Regulations.

Section 3 Prescribed functions of authorities where all members of committees discharging those functions may have voting rights

(1) In regulation 4(1)—

(a) in sub-paragraph (g), delete “in the case of a metropolitan district council” and the word“and” at the end; and

(b) for sub-paragraph (h) substitute—

(h) in the case of the council of a county in England, any function of that council mentioned in the Schedule to these Regulations to the extent that it is discharged by a committee the members of which consist solely of members of that council and of members of the council of any district in the county or (as the case may be) a district which has ceased to be in the county pursuant to an order made under section 17 of the Local Government Act 1992 giving effect to a structural change (within the meaning of that Act); and

(i) in the case of the council of a district, any function of that council mentioned in that Schedule to the extent that it is discharged by a committee the members of which consist solely of members of that council and of members of the council of the county in which the district is situated.

(2) For the Schedule (provisions conferring prescribed functions) substitute the Schedule contained in the Schedule to these Regulations.

Section 4 Exception to application of section 15 of 1989 Act

(1) In regulation 16A (area committees and sub-committees) , number the existing words as paragraph (1) and for paragraph (1)(b) substitute—

(b) all the voting members of the committee or sub-committee who are members of the council or, in either of the cases falling within paragraph (2) below, of another council have been elected for electoral divisions or wards which are wholly or partly within that part;

(2) At the end of regulation 16A add—

(2) The cases mentioned in paragraph (1)(b) above are—

(a) a committee or sub-committee of a county council established in respect of a part of the county comprising the whole or part of one or more districts within the county and whose members include members of the council of the district or, as the case may be, districts; or

(b) a committee or sub-committee of a district council whose members include members of the council of the county in which the district is situated.

(3) After regulation 16A, add—

Joint area committees of county and district councils

(16B)

(1) Section 15 of the 1989 Act shall not apply to a joint committee where—

(a) the relevant authorities appointing the joint committee are the councils of a county in England and of one or more districts in the county;

(b) the joint committee is established exclusively to discharge functions in respect of an area comprising the whole or part of one or more such districts;

(c) at least one member elected for each electoral division or ward which is wholly or partly within that area is appointed a voting member of the joint committee by each relevant authority; and

(d) not more than two of the voting members of the joint committee appointed by each relevant authority have been elected for electoral divisions or wards which are outside that area.

(2) In this regulation, “joint committee” means a body described in paragraph 2(1)(h) of Schedule 1 to the 1989 Act.