Local Government Act 2000

Standards committees ... for parish councils.

Information, documents, evidence and facilities

Law of defamation: absolute privilege

54A

• (1) A standards committee of a relevant authority may appoint one or more sub-committees for the purpose of discharging any of the committee’s functions, whether or not to the exclusion of the committee.

• (1A) Subsection (1) does not apply to a standards committee established by a corporate joint committee.

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

• (3) A sub-committee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed ....

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) As regards sub-committees appointed under subsection (1) by a standards committee of a relevant 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.

• (6) Subject to ... any provision made by regulations under section 53(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,

are to be fixed by the standards committee by which the sub-committee is appointed.

Delegation by monitoring officers

82A

• (1) This section applies to functions of a monitoring officer of a relevant authority in relation to matters referred to him under section ... 70(4) or (5) or 71(2) or (4) .

• (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 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 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 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 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 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 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.

...

12

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

13

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

14

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Delegation

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Reports etc.

Public Services Ombudsman for Wales .

Monitoring officers: delegation of functions under Part 3

Leader to continue to hold office as councillor

Interpretation of Part III.

Surcharge etc.

Background papers.

Power to make provision about allowances.

Additional forms of executive.

Discharge of functions: mayor and cabinet executive

Election of leader: partial-council elections

Background papers.

Prohibition on promoting homosexuality: bullying.

Scrutiny officers

9A

• (1) Before the Welsh Ministers make an order under section ... 7 they must consult—

• (a) such local authorities in Wales,

• (b) such representatives of local government in Wales, and

• (c) such other persons (if any),

as appear to them to be likely to be affected by their proposals.

• (2) If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section ... 7 they must lay before the National Assembly for Wales a document which—

• (a) explains their proposals,

• (b) sets them out in the form of a draft order, and

• (c) gives details of consultation under subsection (1).

• (3) Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section ... 7 to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales in accordance with section ... 7(10) until after the expiry of the period of sixty days beginning with the day on which the document was laid.

• (4) In calculating the period mentioned in subsection (3) no account is to be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.

• (5) In preparing a draft order under section ... 7 the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).

• (6) A draft order under section ... 7 which is laid before the National Assembly for Wales must be accompanied by a statement of the Welsh Ministers giving details of—

• (a) any representations considered in accordance with subsection (5), and

• (b) any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2).

• (7) Nothing in this section applies to an order under section ... 7 which is made only for the purpose of amending an earlier order under that section—

• (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

• (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.

Referendum in case of proposals involving elected mayor.

Changing governance arrangements: general provisions

33A

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33B

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33C

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33D

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33E

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33F

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33G

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33H

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33I

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...

33J

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33K

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33L

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33M

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33N

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...

33O

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...

44A

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44B

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44C

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44D

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44E

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44F

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44G

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44H

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Surcharge etc.

Power to make provision about allowances.

Wales.

Wales.

...

1A

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56A

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Written allegations

57A

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57B

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57C

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57D

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65A

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66A

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Prohibition on promoting homosexuality: bullying.

78A

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78B

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Prohibition on promoting homosexuality: bullying.

Minor and consequential amendments and repeals.

Orders and regulations.

Minor and consequential amendments and repeals.

Background papers.

Disclosure and registration of members’ interests etc.

Consultation with ombudsmen

Orders and regulations.

Wales.

Minor and consequential amendments and repeals.

Monitoring officers: delegation of functions under Part 3

Meaning of “local authority” and “principal council” in Part IV.

Advisory notices.

Information to be provided to Standards Board by relevant authority

66B

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66C

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Disclosure and registration of members’ interests etc.

Meaning of “local authority” and “principal council” in Part IV.

21A

• (1) Executive arrangements by a local authority must include provision which—

• (a) enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee,

• (b) enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and

• (c) ... enables any member of the authority to refer to an overview and scrutiny committee of the authority of which he is not a member any local government matter which is relevant to the functions of the committee.

• (2) For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.

• (3) In considering whether to exercise the power which he has by virtue of subsection (1)(c) in any case, a member of an authority must have regard to any guidance for the time being issued ... by the Welsh Ministers.

• (4) Guidance under subsection (3) may make different provision for different cases.

• (5) Subsections (6) to (8) apply where a local government matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to subsection (1)(c).

• (6) In considering whether or not to exercise any of its powers under section 21(2) in relation to the matter, the committee may have regard to—

• (a) any powers which the member may exercise in relation to the matter by virtue of ... section 56 of the Local Government (Wales) Measure 2011 (exercise of functions by local councillors ...), and

• (b) any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 21(2) in relation to the matter.

• (7) If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—

• (a) its decision, and

• (b) the reasons for it.

• (8) The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 21(2) in relation to the matter.

• (9) Subsection (8) is subject to section 21D.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) In this section “local government matter”, in relation to a member of a local authority ..., means a matter which is not an excluded matter and which—

• (a) relates to the discharge of any function of the authority, or

• (b) affects all or part of the electoral area for which the member is elected or any person who lives or works in that area.

• (13) In subsection (12) “excluded matter” means any matter which is—

• (a) a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

• (b) a matter of any description specified in an order made by the Welsh Ministers for the purposes of this section.

Meetings and documents: notice etc.

Meetings and documents: notice etc.

Indemnification of members and officers of relevant authorities.

Minor and consequential amendments and repeals.

Minor and consequential amendments and repeals.

4A

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21B

• (1) This section applies where an overview and scrutiny committee of a local authority ... makes a report or recommendations to the authority or the executive, otherwise than—

• (a) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

• (b) by virtue of subsection (3)(a) of that section.

• (1A) A report or recommendation to a public services board by virtue of section 35(1)(c) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) is not to be regarded for the purposes of this section as a report or recommendation to the local authority that is a member of the board.

• (2) The overview and scrutiny committee may publish the report or recommendations.

• (3) The overview and scrutiny committee must by notice in writing require the authority or executive—

• (a) to consider the report or recommendations,

• (b) to respond to the overview and scrutiny committee indicating what (if any) action the authority propose, or the executive proposes, to take,

• (c) if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response,

• (d) if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 21A(8), to provide the member with a copy of the response,

and to do so within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice.

• (4) It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.

• (5) Subsections (2) and (4) are subject to section 21D and to any provision made under section 22(12A).

• (6) In this section—

• (a) references to an overview and scrutiny committee include references to a sub-committee of such a committee; and

• (b) references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority.

21C

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21D

• (1) This section applies to—

• (a) the publication under section 21B of any document comprising—

• (i) a report or recommendations of an overview and scrutiny committee, or

• (ii) a response of a local authority to any such report or recommendations, and

• (b) the provision of a copy of such a document—

• (i) to a member of a local authority under section 21A(8) or section 21B, or