PART I GENERAL

Citation and commencement_I1

1. These Regulations may be cited as the Local Government (Committees and Political Groups) Regulations 1990 and shall come into force on 1st August 1990.

Interpretation_I2

2. In these Regulations—

“the 1972 Act” means the Local Government Act 1972 ( 2 );

“the 1989 Act” means the Local Government and Housing Act 1989 ;

“authority”, except in Part II and as provided in regulations 6(2) and 18, means a relevant authority as defined in relation to England and Wales in paragraph 4(1) of Schedule 1 to the 1989 Act; and

“financial year” means the period of twelve months ending on 31st March.

PART II VOTING RIGHTS OF MEMBERS

Interpretation of Part II_I3

3. In this Part references to an authority are references to a relevant authority within the meaning of section 13(9) of the 1989 Act other than a parish or community council.

Prescribed functions of authorities where all members of committees discharging those functions may have voting rights_I4

4.—(1) The following functions are prescribed for the purposes of section 13(4)(g) of the 1989 Act—

(a)the management of land owned or occupied by the authority, other than houses within the meaning of section 56 of the Housing Act 1985(3) which are provided under Part II of that Act;

(b)in the case of a local housing authority as defined in section 1 of the Housing Act 1985, its functions under section 21 to 26 of that Act in so far as they relate to not more that 1,500 houses, or one quarter of the total number of houses which are provided by the authority under Part II of that Act, whichever is less;

(c)in the case of a harbour authority as defined in section 57(1) of the Harbours Act 1964(4), its functions as such;

(d)any function under section 144 of the 1972 Act(5) or section 33 of the 1989 Act relating to the promotion of tourism;

(e)any function under section 145 of the 1972 Act relating to the management of a festival;

(f)in the case of a London borough council or the Common Council of the City of London in its capacity as a local authority, police authority or port health authority, the training of staff for the purposes of discharging any function under the Local Authority Social Services Act 1970(6);

(g)^F1,F1... any function under regulations made by virtue of section 7 of the Superannuation Act 1972(7); ...

[^F2 (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.^F2]

(2) There is prescribed for the purposes of section 13(4)(g) of the 1989 Act in relation to an authority in Wales [^F3any education functions (within the meaning of section 579(1) of the Education Act 1996)^F3] to the extent that they are discharged jointly by all such local education authorities.

(3) For the purposes of paragraph (1)(a) and (e) “management” does not include the determination of the total amount of money which may be expended in any financial year by the authority in respect of the land or festival, as the case may be; and in so far as the functions referred to in paragraph (1)(b) include the managment of houses, they shall be taken to exclude the making of any such determination.

Sub-committees where persons may have voting rights_I5

5.—(1) For the purposes of section 13(3)(b) of the 1989 Act the following cases are prescribed—

(a)a person appointed to a sub-committee of a committee which is appointed exclusively to discharge any of the functions [^F4mentioned or referred to in regulation 4^F4] ;

(b)a person appointed to a sub-committee of a National Parks Committee;

(c)a person appointed to a sub-committee prescribed in paragraph (2) [^F5(other than in paragraph (2)(b)(i))^F5] ; and

(d)without prejudice to sub-paragraph (b), a person appointed to a sub-committee of a committee falling within section 13(4) of the 1989 Act who is a member of the authority which appointed the committee.

(2) For the purposes of section 13(4)(h) of the 1989 Act the following sub-committees are prescribed—

(a)a sub-committee appointed by a social services committee under section 4(2) of the Local Authority Social Services Act 1970 and a joint sub-committee appointed under section 4(3) of that Act which is appointed solely to advise that committee or another sub-committee of that committee;

(b)a sub-committee appointed by an education committee, as defined in paragraph 4(1) of Schedule 1 to the 1989 Act, where either—

(i)no non-voting member of the education committee is appointed as a voting member of the sub-committee; or

(ii)the sub-committee is appointed solely to advise that committee or another sub-committee of that committee;

(c)a sub-committee appointed exclusively to discharge any function [^F6mentioned or referred to in regulation 4(1)^F6] ;

(d)the sub-committee referred to in section 25(1) of the Plymouth City Council Act 1987(8); and

(e)without prejudice to regulation 4(1)(a) or sub-paragraph (c) above, in so far as it relates to the management of land under regulation 4(1)(a), the sub-committee established—

(i)pursuant to an agreement dated 13th February 1905 between the Mayor, Aldermen and Burgesses of the Borough of Hastings and George Godfrey Gray, Arthur Henry Lucy and William Vandeleur Crake relating to the management of the Hastings and Saint Leonards Museum;

(ii)pursuant to an agreement dated 30th December 1960 between the Yorkshire Philosophical Society and the Corporation of the City of York relating to the management of the Yorkshire Museum and Gardens; and

(iii)as provided in an agreement dated 21st April 1975 between South Lakeland District Council, Windermere Parish Council and Lakes Parish Council relating to Lake Windermere.

PART III POLITICAL BALANCE AND POLITICAL ASSISTANTS

Interpretation of Part III_I6

6.—(1) Unless otherwise stated, regulations 7 to 13 and 15 apply for the purposes of sections 9, 15 and 16 of the 1989 Act.

(2) In the application of regulations 7 to 13 and 15 for the purposes of section 9 of the 1989 Act, “authority” means a relevant authority as defined in section 9(11) in relation to England and Wales.

Political groups_I7

7. The members of an authority are to be treated as divided into different political groups when there is at least one political group in existence constituted in accordance with regulation 8.

Constitution of political groups_I8

8.—(1) A political group shall be treated as constituted when there is delivered to the proper officer a notice in writing which—

(a)is signed by two or more members of the authority who wish to be treated as a political group; and

(b)complies with the provisions of paragraph (3).

(2) A political group shall cease to be constituted if the number of persons who are to be treated as members of that group is less that two.

(3) A notice under paragraph (1) shall state—

(a)that the members of the authority who have signed it wish to be treated as a political group;

(b)the name of the group; and

(c)the name of one member of the group who has signed the notice and who is to act as its leader.

(4) A notice under paragraph (1) may specify the name of one other member of the group who has signed the notice and who is authorised to act in the place of the leader [^F7 in relation to these Regulations (“the representative”) ^F7] .

(5) The name of the group or the name of the person who is the leader or [^F8representative^F8] may be changed by a further notice in writing delivered to the proper officer and signed—

(a)in the case of a change in the name of the group or the [^F8representative^F8] , by the leader of the group or a majority of the members of the group;

(b)in the case of a change of the leader of the group, by a majority of the members of the group.

Membership of political groups_I9

9. Subject to regulations 11 and 12, a member of the authority is to be treated as a member of a political group if—

(a)he has signed a notice in accordance with regulation 8; or

(b)he has delivered to the proper officer a notice in writing which is signed by him and by the leader or [^F9representative^F9] of the group or by a majority of the members of the group, stating that he wishes to join the group.

Cessation of membership_I10

10. A person is to be treated as having ceased to be a member of a political group when—

(a)he has ceased to be a member of the authority;

(b)he has notified the proper officer in writing that he no longer wishes to be treated as a member of the group;

(c)there is delivered to the proper officer a notice under regulation 8 or 9(b) signed by the person whereby a new political group is constituted or he joins another political group; or

(d)there is delivered to the proper officer a notice in writing signed by the majority of the members of the group stating that they no longer wish him to be treated as a member of it.

Restriction on membership_I11

11. No person shall be treated as a member of more than one political group at any given time and, accordingly, if a person changes the political group of which he is a member by a notice under regulation 8 or 9 he shall from the date of delivery of that notice be treated—

(a)in the case of a notice under regulation 8, as a member only of the new political group which is constituted in accordance with that regulation; and

(b)in the case of a notice under regulation 9(b), as a member only of the group named in the notice.

Same political group_I12

12. The members of two or more political groups constituted in accordance with regulation 8 shall be treated as members of the same political group for the purposes of applying the provisions in section 9 and the principle in section 15(5)(a) of the 1989 Act where more than half of the members of one of those political groups are described in the papers by which they are nominated for election, as belonging to a political group which is described in substantially the same terms in the nomination papers of more than half of the members of another political group.

Wishes of political groups_I13

13.—(1) The wishes of a political group are to be taken as those expressed to the proper officer—

(a)orally or in writing by the leader or [^F10representative^F10] of the group; or

(b)in a written statement signed by a majority of the members of the group.

(2) In the event that different wishes of a political group are notified in accordance with paragraph (1), the wishes notified in accordance with paragraph (1)(b) shall prevail.

Notifications_I14

14. For the purpose of enabling a political group to express its wishes in accordance with section 16 of the 1989 Act, the proper officer shall notify in writing the leader or, in his absence, the [^F11representative^F11] of a political group as soon as praticable after—

(a)the allocation by the authority or committee to that group of a seat on a body to which section 15 of the 1989 Act applies; or

(b)the vacation of a seat on such a body allocated by the authority or committee to that group.

Appointments where political group fails to express wishes_I15

15. Where a political group has failed to express its wishes in relation to the appointment to such a seat as is mentioned in regulation 14 within the period of three weeks beginning with the date on which notice was given under that regulation, the authority or committee may make such appointment to that seat as they think fit.

Modification of sections 15 and 16 of the 1989 Act_I16

16.—(1) In relation to any such case as is described in paragraph 3(2) of Schedule 1 to the 1989 Act, the provisions of sections 15 and 16 of the 1989 Act shall be modified as mentioned in paragraphs (2) and (3).

(2) Section 15(3) of the 1989 Act shall have effect as if for the words from “to determine” to the end there were substituted the words “to determine the allocation to each of those groups of such of the seats which fall to be filled by appointments made from time to time by that authority or committee as bear to the total of all of those seats the same proportion as is borne by the number of members of that group to the membership of the authority.”.

(3) Section 16 of the 1989 Act shall have effect as if, after subsection (2), there were inserted the following subsection—

“(2A) Where appointments fall to be made to seats on a body to which section 15 applies otherwise than in accordance with a determination under that section, it shall be the duty of the authority or the committee, as the case may be, so to exercise their power to make appointments as to secure that the persons appointed to those seats are not members of any political group.”.

PART IV REVIEWS AND ALLOCATIONS OF SEATS

[^F12Area committees and sub-committees [^F13in England^F13]

16A.—(1) Section 15 of the 1989 Act shall not apply to any ordinary committee or advisory committee of an authority [^F15 in England^F15] which is a county, district or London borough council or to a sub-committee of any such ordinary or advisory committee, where–

(a)that committee or sub-committee was established exclusively–

(i)to discharge functions of the authority, or

(ii)to advise the authority or any committee of the authority,

in respect of part of the area of the authority;

[^F16 (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;^F16]

(c)either–

(i)the area of that part does not exceed two-fifths of the total area of the authority, or

(ii)the population of that part, as estimated by the authority, does not exceed two-fifths of the total population of the area of the authority as so estimated.

[^F17 (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.^F17,F12]]

[^F18Area committees and sub-committees in Wales

16AA.—(1) Section 15 of the 1989 Act does not apply to any ordinary committee or advisory committee of an authority in Wales which is a county council or a county borough council, or to a sub-committee of any such ordinary or advisory committee, where—

(a)the committee or sub-committee was established exclusively—

(i)to discharge functions of the authority, or

(ii)to advise the authority or any committee of the authority,

in respect of part of the area of the authority;

(b)that part consists of the whole of one or more electoral divisions of the authority;

(c)all the members of the authority who are elected for that electoral division, or those electoral divisions, are entitled to be members of the committee or sub-committee;

(d)no members of the authority, other than those mentioned in subparagraph (c), may be members of the committee or sub-committee; and

(e)either or both of the conditions in paragraph (2) are satisfied in relation to that part.

(2) Those conditions are—

(a)that the area of that part does not exceed one-half of the total area of the authority;

(b)that the population of that part, as estimated by the authority, does not exceed one-half of the total population of the area of the authority as so estimated.^F18]

[^F19Joint 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;

[^F20 (c)at least one member elected for each county electoral division which is wholly or partly within that area is appointed a voting member of the joint committee by the county council which is a relevant authority for the purposes of appointments to that committee;

(d)each district council which is a relevant authority for those purposes appoints as voting members at least the same number of members of the district council as has been appointed by the county council in accordance with sub-paragraph (c); but–

(i)no district council member may be so appointed unless he is elected for a district ward which is wholly or partly within the area in respect of which the joint committee’s functions are discharged; and

(ii)nothing in this sub-paragraph shall require the appointment of any district council member who is not so elected;

(e)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.^F20]

(2) In this regulation, “joint committee” means a body described in paragraph 2(1)(h) of Schedule 1 to the 1989 Act. ^F19]

Review of allocation of seats to political groups_I17

17. The duty under section 15 to review the representation of different political groups shall be performed at the following times which are prescribed for the purposes of section 15(1)(e)—

(a)at, or as soon as practicable after, the first meeting of the authority after 31st May in each financial year commencing with the financial year beginning 1st April 1991, where—

(i)the authority does not hold annual meetings in accordance with paragraph 1 of Schedule 12 to the 1972 Act(9) (annual meetings of principal councils); and

(ii)the members of the authority are divided into different political groups at the time of that meeting;

(b)as soon as practicable after there is delivered to the proper officer a notice under regulation 8, where such delivery is more than one month after the last review carried out in accordance with section 15(1)(b) of the 1989 Act or, as the case may be, paragraph (a) above;

(c)as soon as practicable after there is delivered to the proper officer a notice under paragraph (b) of regulation 9 which—

(i)is accompanied by a further notice signed as mentioned in that paragraph and requesting a review under section 15 of the 1989 Act; and

(ii)is received by him more than one month after the last such review;

(d)as soon as practicable after there is delivered to the proper officer a notice under regulation 9(b) which is accompanied by such a notice as is mentioned in paragraph (c)(i) and each such notice—

(i)is signed by a member elected to the authority pursuant to section 89 of the 1972 Act(10); and

(ii)is received by the proper officer not more than one month after the date of the member’s election.

Reviews — political assistants_I18

18. Where a relevant authority as defined in section 9(11) of the 1989 Act in relation to England and Wales makes an appointment to a post for the purposes of section 9 of the 1989 Act the authority shall from time to time review allocations made for the purposes of that section.

Exceptions to requirements for committees to review arrangements for allocations of seats_I19

19. For the purposes of section 15(2) of the 1989 Act the following cases are prescribed as cases where a committee of an authority shall not be under a duty to review the representation of different political groups on bodies to which the section applies to which it has power from time to time to make appointments—

(a)where the committee has undertaken such a review in relation to that body following the date of the last meeting of the authority of which it is a committee; and for this purpose an extraordinary meeting, within the meaning of paragraph 3 of Part 1 of Schedule 12 to the 1972 Act, of an authority to which that Part applies shall not be treated as a meeting of that authority;

(b)where the committee may only make the appointment by virtue of arrangements made under section 101 of the 1972 Act and the authority of which it is a committee is not required to undertake a review;

^F21(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure for alternative arrangements for review_I20

20.—(1) For the purposes of section 17(1) of the 1989 Act alternative arrangements for appointments to a body shall be approved in the manner prescribed in paragraph (2).

(2) Notice of the proposal to adopt such arrangements shall be given to each member of the authority or committee, as the case may be, in accordance with the provisions of paragraph 4(2)(b) and (3) of Part I of Schedule 12 to the 1972 Act as if that notice were a summons to attend a meeting of a principal council within the meaning of section 270 of that Act(11) and as if the authority or committee were such a council.

(3) It shall be sufficient compliance with paragraph (2) if an agenda indicating that the approval of alternative arrangements for appointments is to be considered by the authority or committee is sent to every member of the authority or committee, as the case may be.

(4) Any appointment made by an authority or committee in accordance with alternative arrangements shall not be invalidated by reason only that a member has not received such notice or agenda as is mentioned in paragraph (2) or (3).

PART V POLITICAL BALANCE FOR SUB-COMMITTEES OTHER THAN ORDINARY SUB-COMMITTEES

Representation of political groups on sub-committees which are not ordinary sub-committees_I21

[^F22 21. For the purposes of securing the appropriate representation of different political groups on sub-committees falling within section 17(4) of the 1989 Act–

(a)subject to regulation 22, sections 15, 16, 17(1) and (2) of the 1989 Act, Part III of these Regulations and regulation 20 shall apply to a body described in paragraph 2(1)(h) of Schedule 1 to that Act (certain joint committees) as if the body were a relevant authority and as if its sub-committees were ordinary committees of that authority; and

(b)subject to regulation 23, those provisions (other than section 15(1) and (6)) shall apply to a body described in paragraph 2(1)(c) of that Schedule (county police authorities) as if the body were an ordinary committee of the council.^F22]

Arrangements for review by joint committees_I22

22.—(1) Where a joint committee has power to make appointments to a sub-committee falling within section 17(4) of the 1989 Act it shall not be under a duty to review the representation of different political groups on that sub-committee at the times mentioned in section 15(1) of the 1989 Act but shall carry out such a review—

(a)as soon as practicable after its members are divided into different political groups; and

(b)as soon as practicable after any change in its membership pursuant to a review under section 15(1) of the 1989 Act.

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

[^F23Modifications for county police authorities

23. –

(1) In their application in accordance with regulation 21 to a body described in paragraph 2(1)(c) of Schedule 1 to the 1989 Act (county police authorities), section 15(2), (3) and (5) of the 1989 Act and Part III of these Regulations shall be modified in accordance with the following provisions of this regulation.

(2) In addition to any political group constituted of members of the county council, any two or more members of the police authority who are not members of the council may constitute a separate political group; and in relation to such members of the authority and such a political group regulations 8 to 15 shall apply as they apply in relation to members of the county council and political groups constituted by them.

(3) Section 15(2) shall apply as if for paragraphs (a) and (b) there were substituted–

“(a)where the county council of which the police authority described in paragraph 2(1)(c) of Schedule 1 to this Act is a committee is divided into different political groups on 8th July 1991, at (or as soon as practicable after) the first meeting of the police authority after that date;

(b)where that county council is divided into different political groups, at, or as soon as practicable after, the first meeting of the police authority after the annual meeting of the council held in pursuance of paragraph 1 of Part I of Schedule 12 to the Local Government Act 1972;

(c)as soon as practicable after the division of that county council into political groups occurs;

(d)as soon as practicable after any occasion on which members of the police authority who are members of the county council are changed as a result of a review under this section; and

(e)as soon as practicable after any change in the number of political groups into which the police authority is divided.”.

(4) Section 15(3) shall apply as if the reference to the groups into which the members of the relevant authority are divided included any additional group constituted in accordance with paragraph (2).

(5) Section 15(5)(b) shall apply as if “police” were inserted before “authority's”.

(6) Section 15(5)(d) shall apply as if for “to the membership of the authority” there were substituted “with seats on the police authority to the total of all the seats on the police authority.” ^F23] .

Regulation 4(1)(h) and (i)

[^F24SCHEDULE PRESCRIBED FUNCTIONS

PART I

• Functions of a county council in its capacity as a highway authority under any enactment.

• Functions of a district council under the Highways Act 1980.

• Functions of a county or (as the case may be) district council under any of the enactments listed in Part II of this Schedule.

PART II

• Sections 37 to 68 of the Town Police Clauses Act 1847 (hackney carriages)

• Sections 17 to 19 of the Public Health Act 1925 (street naming)

• Sections 4 to 7 of the Local Government (Miscellaneous) Provisions Act 1953 (bus shelters)

• Public Libraries and Museums Act 1964

• Countryside Act 1968

• Transport Act 1968

• Local Authority Social Services Act 1970

• Part II of the Land Compensation Act 1973 (mitigation of injurious effect of public works)

• Sections 22 and 23 (street cleaning) of the Control of Pollution Act 1974

• Sections 23 to 26 (dangerous trees and excavations), and Part II (hackney carriages and private hire vehicles), of the Local Government (Miscellaneous Provisions) Act 1976

• Public Passenger Vehicles Act 1981

• Part III of the Wildlife and Countryside Act 1981 (public rights of way)

• Road Traffic Regulation Act 1984

• Transport Act 1985

• Road Traffic Act 1988

• Chapter II of Part VI (interests affected by planning proposals: blight) and Part X (highways) of the Town and Country Planning Act 1990

• Environmental Protection Act 1990

• Road Traffic Act 1991

• Environment Act 1995^F24]