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Local Government Bill


Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    66

 

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 113   Standards Board for England: delegation

In Schedule 4 to the Local Government Act 2000 (c. 22) (Standards Board for

England), after paragraph 9 there is inserted—

“Delegation

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        9A                The Standards Board may delegate any of its functions to—

                    (a)                   a committee or sub-committee established by the Board,

                    (b)                   an individual member of the Board, or

                    (c)                   an officer or servant of the Board.”

 114   Standards committees and monitoring officers: delegation

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     (1)    In Chapter 1 of Part 3 of the Local Government Act 2000 (conduct of local

government members), after section 54 there is inserted—

       “54A            Sub-committees of standards committees

           (1)           A standards committee of a relevant authority may appoint one or

more sub-committees for the purpose of discharging any of the

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committee’s functions, whether or not to the exclusion of the

committee.

           (2)           Subsection (1) does not apply to functions under section 55 or 56.

           (3)           A sub-committee under subsection (1) shall be appointed from among

the members of the standards committee by which it is appointed.

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           (4)           As regards sub-committees appointed under subsection (1) by a

standards committee of a relevant authority in England or of a police

authority in Wales—

                  (a)                 regulations under section 53(6)(a) and (c) to (g) may make

provision in relation to such sub-committees, and

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                  (b)                 sections 53(7), (8) and (10) and 54(4) and (6) apply in relation to

such sub-committees as they apply in relation to standards

committees.

           (5)           As regards sub-committees appointed under subsection (1) by a

standards committee of a relevant authority in Wales other than a

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police authority—

                  (a)                 regulations under section 53(11) may make provision in relation

to such sub-committees, and

                  (b)                 section 54(5) and (7) apply in relation to such sub-committees as

they apply in relation to standards committees.

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           (6)           Subject to any provision made by regulations under section 53(6)(a) or

(11)(a) (as applied by this section)—

                  (a)                 the number of members of a sub-committee under subsection

(1), and

                  (b)                 the term of office of those members,

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                         are to be fixed by the standards committee by which the sub-committee

is appointed.”

 

 

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Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

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     (2)    In Chapter 5 of that Part (conduct in local government: supplementary), after

section 82 there is inserted—

“Delegation by monitoring officers

       82A            Monitoring officers: delegation of functions under Part 3

           (1)           This section applies to functions of a monitoring officer of a relevant

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authority in relation to matters referred to him under section 60(2),

64(2), 70(4) or 71(2).

           (2)           Where the monitoring officer considers that in a particular case he

himself ought not to perform particular functions to which this section

applies, those particular functions shall in that case be performed

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personally by a person nominated for the purpose by the monitoring

officer.

           (3)           Where a deputy nominated by the monitoring officer under section 5(7)

of the Local Government and Housing Act 1989 (nomination of

member of monitoring officer’s staff to act as deputy when monitoring

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officer absent or ill) considers that in a particular case he himself ought

not to perform particular functions—

                  (a)                 to which this section applies, and

                  (b)                 which, by reason of the absence or illness of the monitoring

officer, would but for this subsection fall to be performed by the

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deputy,

                         those particular functions shall, while the monitoring officer continues

to be unable to act by reason of absence or illness, be performed in that

case personally by a person nominated for the purpose by the deputy.

           (4)           Where functions to which this section applies are to be performed by a

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person nominated under subsection (2) or (3) who is an officer of the

relevant authority, the authority shall provide the officer with such

staff, accommodation and other resources as are, in the officer’s

opinion, sufficient to allow those functions to be performed.

           (5)           Where functions to which this section applies are to be performed by a

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person nominated under subsection (2) or (3) who is not an officer of

the relevant authority, the authority shall—

                  (a)                 pay the person a reasonable fee for performing the functions,

                  (b)                 reimburse expenses properly incurred by the person in

performing the functions, but only to the extent that the amount

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of the expenses is reasonable, and

                  (c)                 provide the person with such staff, accommodation and other

resources as are reasonably necessary for the person’s

performance of the functions.”

     (3)    In section 5 of the Local Government and Housing Act 1989 (c. 42) (designation

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etc. of monitoring officers), after subsection (7) there is inserted—

           “(7A)              Subsection (7) above shall have effect subject to section 82A of the Local

Government Act 2000 (monitoring officers: delegation of functions

under Part 3 of that Act).”

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    68

 

 115   Paid time off for councillors not to be political donation

     (1)    In paragraph 4(1) of Schedule 7 to the Political Parties, Elections and

Referendums Act 2000 (c. 41) (matters that are not donations), after paragraph

(a) there is inserted—

                    “(aa)                      remuneration allowed to an employee by his employer if the

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employee is a member of a local authority and the

remuneration is in respect of time the employer permits the

employee to take off during the employee’s working hours

for qualifying business—

                           (i)                          of the authority,

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                           (ii)                         of any body to which the employee is appointed by,

or is appointed following nomination by, the

authority or a group of bodies that includes the

authority, or

                           (iii)                        of any other body if it is a public body;”.

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     (2)    In paragraph 4 of that Schedule, after sub-paragraph (3) there is inserted—

                       “(4)                In sub-paragraph (1)(aa)—

                      “employee” and “employer”—

                            (a)                           in relation to England and Wales, and Scotland, have

the same meaning as in the Employment Rights Act

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1996, and

                            (b)                           in relation to Northern Ireland, have the same

meaning as in the Employment Rights (Northern

Ireland) Order 1996;

                     “local authority” means a local authority in any part of the

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United Kingdom, including the Common Council of the

City of London but excluding a parish or community

council;

                     “working hours” of an employee—

                            (a)                           in relation to England and Wales, and Scotland, has

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the same meaning as in section 50 of the

Employment Rights Act 1996, and

                            (b)                           in relation to Northern Ireland, has the same

meaning as in Article 78 of the Employment Rights

(Northern Ireland) Order 1996;

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                     “qualifying business”, in relation to a body, means—

                            (a)                           the doing of anything for the purpose of the

discharge of the functions of the body or of any of its

committees or sub-committees, and

                            (b)                           where the body is a local authority operating

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executive arrangements within the meaning of Part

2 of the Local Government Act 2000 and

arrangements exist for functions of any other body

to be discharged by the authority’s executive or any

committee or member of the executive, the doing of

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anything for the purpose of the discharge of those

functions.”

     (3)    Subsections (1) and (2) shall be deemed to have come into force on 16th

February 2001.

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

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     (4)    The Electoral Commission shall remove from the register kept by it under

section 69 of the Political Parties, Elections and Referendums Act 2000 (c. 41)

any entry that they would not have been required to make had subsections (1)

and (2) actually been in force throughout the period beginning with 16th

February 2001 and ending with the passing of this Act.

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 116   Overview and scrutiny committees: voting rights of co-opted members

In Schedule 1 to the Local Government Act 2000 (c. 22) (further provision about

executive arrangements), after paragraph 11 there is inserted—

“Overview and scrutiny committees: voting rights of co-opted members

        12               (1)                A local authority in England may permit a co-opted member of an

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overview and scrutiny committee of the authority to vote at meetings

of the committee.

                       (2)                Permission under sub-paragraph (1) may only be given in

accordance with a scheme made by the local authority.

                       (3)                A scheme for the purposes of this paragraph may include—

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                    (a)                   provision for a maximum or minimum in relation to the

number of co-opted members of an overview and scrutiny

committee entitled to vote at meetings of the committee, and

                    (b)                   provision for giving effect to any maximum or minimum

established under paragraph (a).

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                       (4)                The power to make a scheme for the purposes of this paragraph

includes power to vary or revoke such a scheme.

                       (5)                In this paragraph, references to a co-opted member, in relation to an

overview and scrutiny committee of a local authority, are to a

member of the committee who is not a member of the authority.

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        13               (1)                The Secretary of State may by regulations make provision about the

exercise of the powers under paragraph 12.

                       (2)                Regulations under sub-paragraph (1) may, in particular, require

schemes for the purposes of paragraph 12 (“voting rights

schemes”)—

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                    (a)                   to provide for permission to be given only by means of

approving a proposal by the committee concerned;

                    (b)                   to provide for a proposal for the purposes of the scheme (“a

scheme proposal”) to specify—

                           (i)                          the person to whom the proposal relates,

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                           (ii)                         the questions on which it is proposed he should be

entitled to vote, and

                           (iii)                        the proposed duration of his entitlement to vote,

                                          and to include such other provision about the form and

content of such a proposal as the regulations may provide;

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                    (c)                   to provide for a scheme proposal to be made only in

accordance with a published statement of the policy of the

committee concerned about the making of such proposals;

                    (d)                   to include such provision about the procedure to be followed

in relation to the approval of scheme proposals as the

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regulations may provide.

 

 

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Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

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                       (3)                Regulations under sub-paragraph (1) may include provision for the

notification to the Secretary of State by local authorities of the

making, variation or revocation of voting rights schemes.

                       (4)                The Secretary of State may by direction require a local authority to

vary a voting rights scheme.

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        14               (1)                A local authority which makes a scheme for the purposes of

paragraph 12 shall, while the scheme is in force, make copies of it

available at its principal office at all reasonable hours for inspection

by members of the public.

                       (2)                                If a local authority makes a scheme for the purposes of paragraph 12,

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or varies or revokes such a scheme, it must as soon as reasonably

practicable after doing so publish in one or more newspapers

circulating in its area a notice which complies with this paragraph.

                       (3)                In the case of the making of a scheme, the notice under sub-

paragraph (2) shall—

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                    (a)                   record the making of the scheme,

                    (b)                   describe what it does,

                    (c)                   state that copies of it are available for inspection at the

principal office of the local authority, and

                    (d)                   specify—

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                           (i)                          the address of that office, and

                           (ii)                         the times when the scheme is available for inspection

there.

                       (4)                In the case of the variation of a scheme, the notice under sub-

paragraph (2) shall—

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                    (a)                   record the variation,

                    (b)                   describe what it does,

                    (c)                   state that copies of the scheme as varied are available for

inspection at the principal office of the local authority, and

                    (d)                   specify—

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                           (i)                          the address of that office, and

                           (ii)                         the times when the scheme is available for inspection

there.

                       (5)                In the case of the revocation of a scheme, the notice under sub-

paragraph (2) shall record the revocation.”

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 117   Local polls

     (1)    A local authority may conduct a poll to ascertain the views of those polled

about—

           (a)           any matter relating to—

                  (i)                 services provided in pursuance of the authority’s functions, or

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                  (ii)                the authority’s expenditure on such services, or

           (b)           any other matter if it is one relating to the authority’s power under

section 2 of the Local Government Act 2000 (c. 22) (authority’s power

to promote well-being of its area).

     (2)    It shall be for the local authority concerned to decide—

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           (a)           who is to be polled, and

           (b)           how the poll is to be conducted.

 

 

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Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

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     (3)    This section is without prejudice to any powers of a local authority exercisable

otherwise than by virtue of this section.

     (4)    In this section, “local authority” means—

           (a)           in relation to England—

                  (i)                 a county council;

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                  (ii)                a district council;

                  (iii)               a London borough council;

                  (iv)                the Greater London Authority;

                  (v)                 the Common Council of the City of London in its capacity as a

local authority;

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                  (vi)                the Council of the Isles of Scilly, and

           (b)           in relation to Wales, a county council or a county borough council.

 118   Appropriate sum under section 137(4) of the Local Government Act 1972

     (1)    In section 137 of the Local Government Act 1972 (c. 70) (which enables local

authorities to incur expenditure for certain purposes not otherwise

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authorised), in subsection (4)(a) (which makes provision in connection with the

calculation of the maximum amount of such expenditure in any financial year),

for “subsection (4AA) below” there is substituted “Schedule 12B to this Act”.

     (2)    After Schedule 12A to that Act there is inserted—

“Schedule 12B

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Section 137(4)(a)

 

Appropriate sum under section 137(4)

        1               This Schedule has effect to determine for the purposes of section

137(4)(a) above the sum that is for the time being appropriate to a

local authority.

        2               The sum appropriate to the local authority for the financial year in

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which section 118 of the Local Government Act 2003 comes into force

is £5.00.

        3              (1)             For each subsequent financial year, the sum appropriate to the local

authority is the greater of the sum appropriate to the authority for

the financial year preceding the year concerned and the sum

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produced by the following formula—equation: over[(*n*)cross[char[A],char[B]],char[C]]

                       (2)             A is the sum appropriate to the local authority for the financial year

preceding the year concerned.

                       (3)             B is the retail prices index for September of the financial year

preceding the year concerned.

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                       (4)             C is the retail prices index for September of the financial year which

precedes that preceding the year concerned except where sub-

paragraph (5) below applies.

                       (5)             Where the base month for the retail prices index for September of the

financial year mentioned in sub-paragraph (4) above (the first year)

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Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

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                       (5)             differs from that for the index for September of the financial year

mentioned in sub-paragraph (3) above (the second year), C is the

figure which the Secretary of State calculates would have been the

retail prices index for September of the first year if the base month for

that index had been the same as the base month for the index for

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September of the second year.

                       (6)             References in sub-paragraphs (3) to (5) above to the retail prices

index are to the general index of retail prices (for all items) published

by the Office for National Statistics.

                       (7)             If that index is not published for a month for which it is relevant for

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the purposes of any of those sub-paragraphs, the sub-paragraph

shall be taken to refer to any substituted index or index figures

published by that Office.

                       (8)             For the purposes of sub-paragraph (5) above, the base month for the

retail prices index for September of a particular year is the month—

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                    (a)                   for which the retail prices index is taken to be 100, and

                    (b)                   by reference to which the index for the September in question

is calculated.

                       (9)             In calculating the sum produced by the formula in sub-paragraph (1)

above a part of a whole (if any) shall be calculated to two decimal

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places only—

                    (a)                   adding one hundredth where (apart from this sub-

paragraph) there would be five, or more than five, one-

thousandths, and

                    (b)                   ignoring the one-thousandths where (apart from this sub-

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paragraph) there would be less than five one-thousandths.

        4               Before the beginning of a financial year, the appropriate person may

by order provide for a different sum to have effect as the sum

appropriate to a local authority for the year in place of the sum

calculated for the year in accordance with paragraph 3 above.

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        5               In paragraph 4 above “the appropriate person” means—

                    (a)                   as respects England, the Secretary of State;

                    (b)                   as respects Wales, the National Assembly for Wales.

        6               An order under paragraph 4 above may make different provision in

relation to local authorities of different descriptions.

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        7               An order under paragraph 4 above made by the Secretary of State

shall be subject to annulment in pursuance of a resolution of either

House of Parliament.”

 119   Use of fixed penalties paid for litter and dog-fouling offences

     (1)    Section 88(6)(a) of the Environmental Protection Act 1990 (c. 43) (which

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requires authorities to pay any receipts from fixed penalties for litter offences

to the Secretary of State or the National Assembly for Wales and applies also to

fixed penalties for dog-fouling offences by virtue of section 4(2) of the Dogs

(Fouling of Land) Act 1996) ceases to have effect.

     (2)    An authority in England and Wales to which fixed penalties are payable in

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pursuance of notices under—

 

 

 
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