Local Government, England
The Local Authorities (Committee System) (England) Regulations 2012
Made30th March 2012
Laid before Parliament10th April 2012
Coming into force4th May 2012
The Secretary of State for Communities and Local Government, in exercise of the powers conferred by sections 9J, 9JA and 105 of the Local Government Act 20001 makes the following Regulations.
PART 1 General¶
1 Citation and commencement¶
These Regulations may be cited as the Local Authorities (Committee System) (England) Regulations 2012 and come into force on 4th May 2012.2 Interpretation¶
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“the 1972 Act” means the Local Government Act 19722;
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“the 1989 Act” means the Local Government and Housing Act 19893;
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“the 2000 Act” means the Local Government Act 2000;
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“the 2006 Act” means the Police and Justice Act 20064;
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“the 2007 Act” means the Local Government and Public Involvement in Health Act 20075;
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“local authority” means a committee system local authority;
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“non-unitary district council committee” has the same meaning as in section 9FF of the 2000 Act6; and
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“relevant partner authority” has the same meaning as in section 9FF of the 2000 Act.
PART 2 Discharge of functions¶
3 Functions to be discharged by the local authority¶
PART 3 Overview and scrutiny: general provisions¶
4 Overview and scrutiny committees¶
5 Overview and scrutiny committees: supplementary provision¶
6 Reference of matters to overview and scrutiny committees¶
7 Duty of local authority to respond to overview and scrutiny committee¶
8 Confidential and exempt information¶
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“confidential information” has the meaning given by section 100A(3) of the 1972 Act 16(admission to meetings of principal councils);
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“exempt information” has the meaning given by section 100I of that Act17; and
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“relevant exempt information” means—
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in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the 1972 Act which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered; and
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in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered.
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9 Relevant partner authorities: reports and recommendations¶
10 Scrutiny officers¶
PART 4 Overview and scrutiny committees: voting rights of co-opted members¶
11 Voting rights of co-opted members¶
12 Voting rights of co-opted members: publication of schemes¶
PART 5 Overview and scrutiny: education functions¶
13 Church representatives¶
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“education functions” has the meaning given by section 579(1) of the Education Act 199623;
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“education overview and scrutiny committee” means an overview and scrutiny committee or sub-committee of a relevant local authority, appointed under regulation 4 or 5, the functions of which relate wholly or partly to any education functions which are the responsibility of the authority;
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“parent governor representative” means a person elected in accordance with regulations 4 to 6 of the Parent Governor Representatives (England) Regulations 200124 or treated as so elected in accordance with regulation 13 of those Regulations; and
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“relevant local authority” means a local authority which has education functions.
14 Parent governor representatives¶
Regulations 2 to 10 of the Parent Governor Representatives (England) Regulations 200125 apply to a local authority which has appointed an education overview and scrutiny committee.PART 6 Revocation¶
15 Revocation¶
The Local Authorities (Alternative Arrangements) (England) Regulations 200126 are revoked.SCHEDULE ¶
Plans and strategies specified for the purposes of regulation 3
Regulation 3
Description of plan or strategy
(1)
| Provision of Act under which plan or strategy is prepared
(2)
|
|---|---|
| Annual library plan | Section 1(2) of the Public Libraries and Museums Act 196427 |
| Crime and disorder reduction strategy | Sections 5 and 6 of the Crime and Disorder Act 199828 |
| Development plan documents | Section 15 of the Planning and Compulsory Purchase Act 200429 |
| Licensing authority policy statement | Section 349 of the Gambling Act 200530 |
| Local transport plan | Section 108(3) of the Transport Act 200031 |
| Plans and alterations which together comprise the Development Plan | Part 2 of, and Schedule 8 to, the Planning and Compulsory Purchase Act 200432 |
| Sustainable community strategy | Section 4 of the 2000 Act33 |
| Youth justice plan | Section 40 of the Crime and Disorder Act 199834 |
Footnotes
- 1
2000 c.22. Sections 9J and 9JA were inserted into the Local Government Act 2000 by section 21 of, and Schedule 2 to, the Localism Act 2011 (c.20). Schedule 2 to the 2011 Act inserted a new Part 1A, applying to England only, into the 2000 Act. Section 105 was amended by section 100(3) of, and Schedule 3 to, the Local Government Act 2003 (c.26), and by section 191(5) of the Local Government and Public Involvement in Health Act 2007 (c.28); and paragraph 70 of Schedule 3 to the Localism Act 2011.
- 2
1972 c.70.
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1989 c.42.
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2006 c.48.
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2007 c.28.
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Section 9FF was inserted into the 2000 Act by section 21 of, and Schedule 2 to, the Localism Act 2011.
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Section 101 was amended by section 30 of, and Schedule 10 to, the Health and Social Services and Social Security Adjudications Act 1983 (c.41); sections 84 and 102 of, and Schedules 14 and 17 to, the Local Government Act 1985 (c.51); the Statute Law (Repeals) Act 1986 (c.12); section 237 of, and Schedule 13 to, the Education Reform Act 1988 (c.40); sections 45(5) and 194 of, and Schedule 12 to, the 1989 Act; section 307 of, and Schedules 19 and 21 to, the Education Act 1993 (c.35); section 93 of, and Schedule 9 to, the Police and Magistrates’ Courts Act 1994 (c.29); section 66(5) of, and Schedule 15 to, the Local Government (Wales) Act 1994 (c.19); section 120 of, and Schedule 24 to, the Environment Act 1995 (c.25); section 332(1) of the Greater London Authority Act 1999 (c.29); section 198 of, and Schedule 6 to, the Licensing Act 2003 (c.17); section 64 of, and Schedule 5 to, the Children Act 2004 (c.31); section 209 of, and Schedule 6 to the Local Government and Public Involvement in Health Act 2007 (c.28); section 224 of the Planning Act 2008 (c.29); section 119 of, and Schedule 6 to, the Local Democracy, Economic Development and Construction Act 2009 (c.20); section 321 of, and Schedule 22 to, the Marine and Coastal Access Act 2009 (c.23); section 99 of, and Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c.13); section 22 of, and Schedule 3 to, the Localism Act 2011 (c.20); (in relation to England) S.I. 2001/1517; and S.I. 2009/1375.
- 8
Section 18 was amended by section 43 of, and Schedule 4 to, the Police and Magistrates’ Courts Act 1994; section 582(1) of, and Schedule 37 to, the Education Act 1996 (c.56); section 99 of the Local Government Act 2000.
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2009 c.20. Section 57 was amended by section 24 of the Localism Act 2011.
- 10
Section 86 was amended by section 67(1) of, and Schedule 4 to, the Local Democracy, Economic Development and Construction Act 2009 (c.20).
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2006 c. 41. Section 245 was amended by section 127 of the 2007 Act; section 22 of, and Schedule 3 to, the Localism Act 2011.
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Section 123 was substituted by section 32(1) of the Local Democracy, Economic Development and Construction Act 2009.
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Section 19 was amended by section 126 of the 2007 Act.
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Section 15 is modified by the Local Government (Committees and Political Groups) Regulations 1990 (S.I. 1990/1553), Regulation 16.
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Section 102(2) was amended (in relation to England) by S.I. 2001/1517; section 194 (1) of, and Schedule 11 to, the 1989 Act.
- 16
Section 100A was inserted by section 1(1) of the Local Government (Access to Information) Act 1985 (c.43) and subsequently amended by S.I. 2002/715.
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Section 100I was inserted by section 1(1) of the Local Government (Access to Information) Act 1985, and subsequently amended by S.I. 2006/88.
- 18
Section 244 was amended by section 121(4) of the Local Government and Public Involvement in Health Act 2007 (c.28); section 22 of, and Schedule 3 to, the Localism Act 2011.
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1998 c.29.
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Section 4 was amended by section 119 of, and Schedule 6 to, the Local Democracy, Economic Development and Construction Act 2009.
- 21
Section 5 was amended by section S.I. 2001/2237 (in relation to England); section 107 of, and Schedule 5 to, the 2000 Act; section 52 of, and Schedule 14 to, the Police and Justice Act 2006.
- 22
Section 5(8) was amended by S.I. 2001/2237; section 132 of the Greater London Authority Act 1999 (c.29); section 321 of, and Schedule 22 to, the Marine and Coastal Access Act 2009 (c.23).
- 23
1996 c.56. The definition of “education functions” in section 579(1) was inserted by S.I. 2010/1158.
- 24
S.I. 2001/478. Regulations 4 to 6 were amended by S.I. 2010/1172.
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Regulation 2 was amended by S.I. 2010/1172 and S.I. 2003/2045. Regulations 3 to 9 inclusive were amended by S.I. 2010/1172.
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S.I. 2001/1299.
- 27
1964 c.75.
- 28
1998 c.37. Section 5 was amended by sections 97 and 107 of, and Schedule 8 to, the Police Reform Act 2002 (c.30); section 32 of, and Schedule 2 to, the Civil Contingencies Act 2004 (c.36); section 53 of, and Schedule 1 to, the Fire and Rescue Service Act 2004 (c.21); sections 21 and 22 of, and Schedule 9 to, the Police and Justice Act 2006 (c.48); S.I. 2007/961, and S.I. 2008/912. Section 6 was substituted by section 22 of, and Schedule 9 to, the Police and Justice Act 2006 and was amended by section 108 of the Policing and Crime Act 2009 (c.26).
- 29
2004 c.4. Section 15 was amended by section 30 of the Greater London Authority Act 2007 (c.24); section 180 of, and Schedule 13 to, the Planning Act 2008 (c.29) and by sections 111 and 237 of, and Schedule 25 to, the Localism Act 2011 (c.20).
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2005 c.19.
- 31
2000 c.38. Section 108(3) was substituted by section 9 of the Local Transport Act 2008 (c.26).
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Part 2 was amended by section 7 of the Sustainable Communities Act 2007 (c.23); section 56 of, and Schedule 8 to, the Housing and Regeneration Act 2008 (c.17); section 180 of the Planning Act 2008 (c.29); sections 85, 142 and 146 of, and Schedule 5 to, the Local Democracy, Economic Development and Construction Act 2009 (c.20).
- 33
Section 4 was amended by sections 114 and 115 of the 2007 Act; section 7 of the Sustainable Communities Act 2007 (c.23); section 51 of, and Schedule 2 to, the Local Government (Wales) Measure 2009 (2009 No. 2); section 24 of the Child Poverty Act 2010 (c.9).
- 34
1998 c.37. Subsection (1) is disapplied in part in relation to England by S.I. 2005/157.