Local Government Act 1972, section 102

Appointment of committees

Part VI Discharge of Functions

(1)For the purpose of discharging any functions in pursuance of arrangements made under section 101 above [F578orF578][F579 section 53 of the Children Act 1989F579] —

(a)a local authority may appoint a committee of the authority; or

(b)two or more local authorities may appoint a joint committee of those authorities; or

(c)any such committee may appoint one or more sub-committees.

[F580 (1A)For the purpose of discharging any function in pursuance of arrangements made under [F581 section 9E(2)(b)(iv), (3)(b), (4)(a) or (5)(a)F581] of the Local Government Act 2000 [F582 or under regulations made under section 18 of that ActF582] (discharge of functions by area committees)—

(a)a local authority may appoint a committee of the authority; or

(b)any such committee may appoint one or more sub-committees.F580]

(2)Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) [F583or (1A)F583] above, their term of office, and the area (if restricted) within which the committee are to exercise their authority shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.

(3)F584A committee appointed under subsection (1) [F583or (1A)F583] above, other than a committee for regulating and controlling the finance of the local authority or of their area, may, subject to section 104 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, . . .

(4)A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities[F585 , or, where the appointing authority or each of the authorities operate executive arrangements, any executive of that or those authorities, or a committee or member of that executive,F585] on any matter relating to the discharge of their functions, and any such committee—

(a)may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and

(b)may appoint one or more sub-committees to advise the committee with respect to any such matter.

(5)Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall upon ceasing to be a member of that authority also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

[F586 (6)Subsection (7) applies in relation to—

(a)a committee or sub-committee appointed by a local authority in England wholly or partly for the purposes of discharging functions of a fire and rescue authority,

(b)a joint committee appointed by two or more local authorities in England wholly or partly for the purposes of discharging such functions, or

(c)a sub-committee appointed by any such committee or joint committee wholly or partly for the purposes of discharging such functions.

(7)A relevant police and crime commissioner may only be appointed to a committee or sub-committee to which this subsection applies in response to a request made by the commissioner to the appointing authority or authorities or, in the case of a sub-committee, to the appointing committee.

(8)If a request under subsection (7) is made to an appointing authority or authorities or an appointing committee, they must—

(a)consider the request,

(b)give reasons for their decision to agree to or refuse the request, and

(c)publish those reasons in such manner as they think appropriate.

(9)A relevant police and crime commissioner may attend, speak at and vote at a meeting of a committee [F587 described in subsection (6)F587] only if and to the extent that the business of the meeting relates to the functions of a fire and rescue authority.

(10) Subsection (11) defines “relevant police and crime commissioner” for the purposes of this section in relation to—

(a)a committee or sub-committee appointed by a local authority,

(b)a joint committee appointed by two or more local authorities, or

(c)a sub-committee appointed by a committee of a local authority or a joint committee of two or more local authorities.

(11) For those purposes “relevant police and crime commissioner” means a police and crime commissioner—

(a)whose area is the same as, or contains all of, the area of that local authority or (as the case may be) one or more of those local authorities, or

(b)all or part of whose area falls within the area of that local authority or (as the case may be) one or more of those local authorities.F586]

Definitions used in section 102 5

local authority

46 In this Part of this Schedule “local authority” includes a joint authority .... . . . . . and in relation to any such authority the reference in paragraph 43 above to election shall include a reference to appointment.

Defined in Sch.12 para.46 · see it in the full Act

(13) In this Part of this Act “local authority” includes the Common Council, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, ... any joint authority ..., an economic prosperity board, a combined authority, a combined county authority, a sub-national transport body, ... ..., a joint board on which a local authority within the meaning of this Act or any of the foregoing authorities are represented and, without prejudice to the foregoing, any port health authority.

Defined in s.101(13) · see it in the full Act

“local authority” means a county council, . . . a district council, a London borough council or a parish council but, in relation to Wales, means a county council, county borough council or community council;

Defined in s.270(1) · see it in the full Act
the authority

(2) Any reference in Parts 4 and 5 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —

(a) in the case of a principal council, to any committee or sub-committee of the council; and

(b) in the case of a committee, to —

(i) any constituent principal council;

(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c) in the case of a sub-committee, to —

(i) the committee, or any of the committees, of which it is a sub-committee; and

(ii) any principal council which falls within paragraph (b) above in relation to that committee.

Defined in Sch.12A para.22(2) · see it in the full Act

(2) Any reference in Parts 1 and 2 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a) in the case of a principal council, to any committee or sub-committee of the council; and

(b) in the case of a committee, to—

(i) any constituent principal council;

(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c) in the case of a sub-committee, to—

(i) the committee, or any of the committees, of which it is a sub-committee; and

(ii) any principal council which falls within paragraph (b) above in relation to that committee.

Defined in Sch.12A para.11(2) · see it in the full Act

(2E) In subsection (2D) above, “the authority” has the meaning given in paragraph 22(2) of Schedule 12A to this Act.

Defined in s.100F(2E) · see it in the full Act

(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

Defined in s.100F(2B) · see it in the full Act

(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

Defined in s.100F(2B) · see it in the full Act
executive arrangements

“executive”, “executive arrangements” and “executive leader” have —

(a)

in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and

(b)

in relation to Wales, the same meaning as in Part II of the Local Government Act 2000;

Defined in s.270(1) · see it in the full Act
executive

“executive”, “executive arrangements” and “executive leader” have —

(a)

in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and

(b)

in relation to Wales, the same meaning as in Part II of the Local Government Act 2000;

Defined in s.270(1) · see it in the full Act
England

In this Act “Wales” means the combined area of the preserved counties and “England” does not include any area which is included in any of the preserved counties.

Defined in s.269 · see it in the full Act

Cases considering section 102 6

The Spitalfields Historic Building Trust, R (on the application of) v London Borough of Tower Hamlets

[2023] EWCA Civ 917 · 28 July 2023

Confirms that a local authority may appoint committees and that a committee may appoint sub-committees for the discharge of functions under section 101. The provision formed part of the respondents’ alternative committee-composition and sub-delegation arguments, which were not decided. (see paras [13]; [86]) Confirms that the number of committee members, their term of office and any restricted area of authority are fixed by the appointing authority, or for a sub-committee by the appointing committee. The provision framed an alternative argument that was not decided. (see para [13])

Barry, R (on the application of) v Liverpool City Council

[2001] EWCA Civ 384 · 21 March 2001

The court accepted that the council could establish an appeal panel which included persons who were not members of the authority.

Grantchester Parish Council, R (on the application of) v Greater Cambridge Partnership

[2025] EWHC 923 (Admin) · 14 April 2025Defines

The judgment identifies the Executive Board as a joint committee established under the provision to discharge functions relating to the City Deal. The provision is used to explain the Board’s institutional context and why an individual member could not bind it. (see paras [6]-[7]; [92]-[94])

What each judgment says about section 102 is in the case-law panel in the full Act.

Amendments and notes

38 notes from legislation.gov.uk

Amendments

  1. F578Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29, Sch. 9 Pt. I para. 16
  2. F579Words in s. 102(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 31(1); S. I. 1991/828, art. 3(2)
  3. F580S. 102(1A) inserted (E.) (18.5.2001) by S.I. 2001/1517, art. 4(a) and (W.) (1.4.2002) by S.I. 2002/803, art. 4(a)
  4. F581Words in s. 102(1A) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 4(a); S.I. 2012/1008, art. 4(b)
  5. F582Words in s. 102(1A) inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 4(b); S.I. 2012/1008, art. 4(b)
  6. F583Words in s. 102(2)(3) inserted (E.) (18.5.2001) by S.I. 2001/1517, art. 4(b) and (W.) (1.4.2002) by S.I. 2002/803, art. 4(b)
  7. F584Words repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4 otherwise 1.8.1990 and 1.1.1991 as provided by S.I. 1990/1552, art. 3, Sch.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 13(8), 194(4), Sch. 12 Pt. II
  8. F585Words in s. 102(4) inserted (E.) (18.5.2001) by S.I. 2001/1517, art. 4(c) and (W.) (1.4.2002) by S.I. 2002/803, art 4(c)
  9. F586S. 102(6)-(11) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 7(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 3
  10. F587Words in s. 102(9) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 74, 255(2)(l) (with s. 247)

Modifications

  1. C365Ss. 101-106 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
  2. C383Ss. 101-103 applied (with modifications) (1.4.2015) by The Dorset and Wiltshire Fire and Rescue Authority (Combination Scheme) Order 2015 (S.I. 2015/435), art. 1(2), Sch. para. 17
  3. C389Ss. 101, 102 modified by 1990 c. 8, s. 319ZC (as inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 39(1), 58(2)(b)(4)(b); S.I. 2017/546, art. 3(a))
  4. C392Ss. 101-102 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1
  5. C393Ss. 101-103 applied (with modifications) (1.4.2020) by The Hampshire and Isle of Wight Fire and Rescue Authority (Combination Scheme) Order 2020 (S.I. 2020/186), art. 1(2), Sch. para. 17
  6. C435S. 102 applied (7.8.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1
  7. C436S. 102: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 1
  8. C437Ss. 101-106 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
  9. C438S. 102 modified (3.7.2000) by 1984 c. 27, s. 55(8) (as added (3.7.2000) by 1999 c. 29, s. 282(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
  10. C439Ss. 101-104 applied (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 17(1)
  11. C440S. 102 applied (with modifications) (1.4.2013) by The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 (S.I. 2013/218), regs. 1(2), 4
  12. C441S. 102(1)(b)(c)(2)(3)(5) modified (8.5.2000) by 1999 c. 29, s. 154(4), Sch. 10 para. 9(1)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
  13. C442S. 102(2) excluded (28.11.2008) by The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), reg. 16(8)
  14. C443S. 102(2)(5) applied (E.) (2.4.2001) by S.I. 2001/1299, reg. 6(11)
  15. C444S. 102(2)(3) excluded (3.4.1995) by 1994 c. 19, ss. 30(11)(13), 31(9)(11); S.I. 1995/852, art. 5
  16. C445S. 102(2)(5) applied (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 21(12), 108(4); S.I. 2000/2849, art. 2(a)
  17. C446S. 102(2) applied (with modifications) (30.4.2009 for E. and 1.10.2009 for W.) by Police and Justice Act 2006 (c. 48), ss. 19, 53, Sch. 8 para. 9; S.I. 2009/936, art. 2; S.I. 2009/2540, art. 2
  18. C447S. 102(2) applied (W.) (16.2.2007) by The Local Authorities (Alternative Arrangements) (Wales) Regulations 2007 (S.I. 2007/397), reg. 9(7)
  19. C448S. 102(2) applied by 2000 c. 22, s. 9FA(7) (as inserted (3.12.2011 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/1008, art. 4(b))
  20. C449S. 102(2) applied (4.5.2012) by The Local Authorities (Committee System) (England) Regulations 2012 (S.I. 2012/1020), regs. 1, 5(4)
  21. C450S. 102(2)-(5) applied by 1972 c. 70, Sch. 5A para. 2(5) (as inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 3)
  22. C451S. 102(2)-(5) applied (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 1 para. 2(5) (with s. 247)
  23. C452S. 102(5) applied (with modifications) (30.4.2009 for E. and 1.10.2009 for W.) by Police and Justice Act 2006 (c. 48), ss. 19, 53, Sch. 8 para. 9; S.I. 2009/936, art. 2; S.I. 2009/2540, art. 2
  24. C453S. 102(5) applied (W.) (16.2.2007) by The Local Authorities (Alternative Arrangements) (Wales) Regulations 2007 (S.I. 2007/397), reg. 9(7)
  25. C454S. 102(5) applied by 2000 c. 22, s. 9FA(7) (as inserted (3.12.2011 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/1008, art. 4(b))
  26. C455S. 102(5) applied (4.5.2012) by The Local Authorities (Committee System) (England) Regulations 2012 (S.I. 2012/1020), regs. 1, 5(4)
  27. C456S. 102(6)-(11) excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 2(a)
  28. C457S. 102(6)-(11) excluded (29.6.2026) by 2011 c. 13, Sch. 10A para. 42 (as inserted by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(5), Sch. 24 (with s. 102))