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LOCAL GOVERNMENT AND HOUSING ACT 1989

UK Public General Acts

Version 19/07/2003

1989 CHAPTER 42

Default Geographical Extent: E+W


  • Part I (E+W+S). Local Authority Members, Officers, Staff and Committees etc.
    • Political restriction of officers and staff (E+W+S)
    • Duties of particular officers (E+W+S)
    • Appointment and management etc. of staff (E+W+S)
    • Voting rights of members of certain committees (E+W+S)
    • Political balance on committees etc. (E+W+S)
    • Allowances (E+W+S)
    • Members’ interests (E+W+S)
    • Duty to adopt certain procedural standing orders (E+W+S)
    • Interpretation of Part I (E+W+S)
  • Part II (E+W+S). Local Government Administration
  • Part III (E+W+S). Economic Development and Discretionary Expenditure by Local Authorities
  • Part IV. Revenue Accounts and Capital Finance of Local Authorities
    • Introductory
    • Charge of expenditure to revenue accounts
    • Borrowing
    • Credit arrangements
    • Credit approvals
    • Capital receipts
    • Aggregate credit limit
    • Amounts set aside to meet credit liabilities
    • Supplementary
  • Part V. Companies in which Local Authorities have interests
  • Part VI. Housing Finance
    • Housing accounts
    • Housing subsidies
    • Supplementary
  • Part VII. Renewal Areas
  • Part VIII
    • Part IX (E+W+S). Miscellaneous and General
      • Local Government Finance Act 1988, local finance (Scotland) and block grants (E+W+S)
      • Charges by certain authorities (E+W+S)
      • Miscellaneous local government provisions (E+W+S)
      • Miscellaneous housing provisions (E+W+S)
      • Other provisions (E+W+S)
      • Supplementary (E+W+S)
  • Version 19/07/2003
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  • Version 01/02/1991

Introductory Text

Local Government and Housing Act 1989

1989 CHAPTER 42

An Act to make provision with respect to the members, officers and otherstaff and the procedure of local authorities; to amend Part III of the LocalGovernment Act 1974 and Part II of the Local Government (Scotland) Act 1975 and to provide for a national code of local government conduct; to makefurther provision about the finances and expenditure of local authorities(including provision with respect to housing subsidies) and about companiesin which local authorities have interests; to make provision for and inconnection with renewal areas, grants towards the cost of improvement andrepair of housing accommodation and the carrying out of works of maintenance,repair and improvement; to amend the Housing Act 1985 and Part III of theLocal Government Finance Act 1982; to make amendments of and consequentialupon Parts I, II and IV of the Housing Act 1988; to amend the Local GovernmentFinance Act 1988 and the Abolition of Domestic Rates Etc. (Scotland) Act 1987and certain enactments relating, as respects Scotland, to rating andvaluation, and to provide for the making of grants; to make provision withrespect to the imposition of charges by local authorities; to make furtherprovision about certain existing grants and about financial assistance to andplanning by local authorities in respect of emergencies; to amend sections 102and 211 of the Local Government (Scotland) Act 1973; to amend the Local LandCharges Act 1975; to enable local authorities in Wales to be known solely byWelsh language names; to provide for the transfer of new town housing stock;to amend certain of the provisions of the Housing (Scotland) Act 1987 relatingto a secure tenant’s right to purchase his house; to amend section 47 of theRace Relations Act 1976; to confer certain powers on the Housing Corporation,Housing for Wales and Scottish Homes; to make provision about security oftenure for certain tenants under long tenancies; to provide for the making ofgrants and giving of guarantees in respect of certain activities carried onin relation to the construction industry; to provide for the repeal of certainenactments relating to improvement notices, town development and educationsupport grants; to make, as respects Scotland, further provision in relationto the phasing of progression to registered rent for houses let by housingassociations or Scottish Homes and in relation to the circumstances in whichrent increases under assured tenancies may be secured; and for connectedpurposes.

[16th November 1989]

X1Be it enacted by the Queen’s most Excellent Majesty, by and with theadvice and consent of the Lords Spiritual and Temporal, and Commons, in thispresent Parliament assembled, and by the authority of the same, asfollows:—

Annotations:

Editorial Information

X1 The text of ss. 74–138, 157, 161–183,190–193, 194(1), 195, Schs. 4, 9, Sch. 11 paras. 31, 32, 42, 58,62–88, 93–95, 99, 100, 107, 110–112 was taken from S.I.F.Group 61 (Housing), ss. 187, 193, 195 from S.I.F. Group 64 (IndustrialDevelopment), ss. 149(6), 186, 190–193, 194(1), 195, Schs. 7, 10, Sch.11 paras. 8–13, 49–54, 60, 61, 89–91, 101–106, 108,109, 112 from S.I.F. Group 75:1 (Landlord and Tenant: General, E.&W.), ss.1(1)–(3)(5)–(8), 2–13, 15–22, 23(1), 24–26, 28,30(2), 31, 32(1), 33–35, 36(1)–(8), 37–73, 139,146–158, 160, 184, 188–195, Schs. 1–3, 5, 8, Sch. 11 paras.1–7, 14, 16–30, 37–41, 47, 48, 56, 57, 59, 92, 96–98,113, Sch. 11 paras. 1–7, 14, 16–30, 37–41, 47, 48, 56, 57,59, 92, 96–98, 113, Sch. 12 from S.I.F. Group 81:1 (Local Government:General, E.&W.), and ss. 1(1)(2)(4)–(8), 2–12, 14–21,23(2), 27, 29, 30(1), 31, 32(2), 36(9), 140–145, 150–153, 155,157, 159, 185, 190, 192, 194(1), 195, Schs. 1, 6, Sch. 11 paras. 15,33–36, 43–46, 55, 96, 97 from S.I.F. Group 81:2 (Local Government:General, S.).

Modifications etc. (not altering text)

C1 Act: (except ss. 43(2), 53(1) and 54(1) so far as they relate to a fire authority or police authority, and except s. 43(3)) transfer of functions (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1


Part I (E+W+S)
Local Authority Members, Officers, Staff and Committees etc.



Annotations:

Modifications etc. (not altering text)

C2 Pt. I (ss. 1-21) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

Pt. I (ss. 1-21): power conferred to make provisions about matters of the kind dealt with in this part (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (j)(i); S.I. 1997/1930, art. 2(1)(2)(m) (subject to art. 2(3))

Pt. I (ss. 1-21): extended (E.W.) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 23, 108(4), Sch. 1 para. 3(13); S.I. 2000/2849, art. 2(c)

C3 Pt. I (ss. 1-21): extended (E.) (6.5.2002) by The Local Authorities (Elected Mayor and Mayor's Assistant) (England) Regulations 2002 (S.I. 2002/975), regs. 1(2), 3(6)


Political restriction of officers and staff (E+W+S)


1 Disqualification and political restriction of certain officers and staff. (E+W+S)

(1) A person shall be disqualified from becoming (whether by election orotherwise) or remaining a member of a local authority if he holds apolitically restricted post under that local authority or any other localauthority in Great Britain.

(2) In the M1 House of Commons Disqualification Act 1975, in Part III of Schedule 1 (other disqualifying offices) there shall be inserted at the appropriate place—

“Person holding a politically restricted post, within the meaning of Part I of the Local Government and Housing Act 1989, under a local authority, within the meaning of that Part.”
(3) In section 80 of the M2 Local Government Act 1972 (disqualification for election and holding office as member of local authority) —

(a) in subsection (1) (a) (paid office holders and employees) , the words “joint board, joint authority or” shall be omitted; and
(b) in subsection (6) (extension of meaning of “local authority”) , after the word “includes” there shall be inserted “ a joint board and ”.
(4) In section 31 of the M3 Local Government (Scotland) Act 1973 (which makes corresponding provision for Scotland) —

(a) in subsection (1) (a) (ii) , the words “or joint board” shall be omitted; and
(b) after subsection (1) there shall be inserted the following subsection—
“(1A) A person is disqualified for being a member of a joint board if he or a partner of his holds any paid office or employment (other than the office of chairman or vice-chairman of the board) or other place of profit in the gift or disposal of the board.”
(5) The terms of appointment or conditions of employment of every person holding a politically restricted post under a local authority (including persons appointed to such posts before the coming into force of this section) shall be deemed to incorporate such requirements for restricting his political activities as may be prescribed for the purposes of this subsection by regulations made by the Secretary of State.

(6) Regulations under subsection (5) above may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate and, without prejudice to section 190(1) below, may contain such exceptions for persons appointed in pursuance of section 9 below as he thinks fit.

(7) So far as it has effect in relation to disqualification for election, this section has effect with respect to any election occurring not less than two months after the coming into force of this section and, so far as it relates to becoming in any other way a member of a local authority, this section has effect with respect to any action which, apart from this section, would result in a person becoming a member of the authority not less than two months after the coming into force of this section.

(8) If, immediately before the expiry of the period of two months referred to in subsection (7) above, a person who is a member of a local authority holds a politically restricted post under that or any other local authority, nothing in this section shall apply to him until the expiry of the period for which he was elected or for which he otherwise became a member of the authority.

Annotations:

Modifications etc. (not altering text)

C4 S. 1 applied (S.) (temp. 6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. entry 11

S. 1 extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 7(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 1 extended (8.5.2000) by 1999 c. 29, ss. 68, 70 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

Marginal Citations

M1 1975 c. 24.

M2 1972 c. 70.

M3 1973 c. 65.


2 Politically restricted posts. (E+W+S)

(1) The following persons are to be regarded for the purposes of this Part as holding politically restricted posts under a local authority—

(a) the person designated under section 4 below as the head of the authority’s paid service;
(b) the statutory chief officers;
(c) a non-statutory chief officer;
(d) a deputy chief officer;
(e) the monitoring officer designated under section 5 below;
(f) any person holding a post to which he was appointed in pursuance of section 9 below; and
(g) any person not falling within paragraphs (a) to (f) above whose post is for the time being specified by the authority in a list maintained in accordance with subsection (2) below and any directions under section 3 below or with section 100G(2) of the M4 Local Government Act 1972 or section 50G(2) of the M5 Local Government (Scotland) Act 1973 (list of officers to whom powers are delegated).
(2) It shall be the duty of every local authority to prepare and maintain a list of such of the following posts under the authority, namely—

(a) the full time posts the annual rate of remuneration in respect of which is or exceeds £19,500 or such higher amount as may be specified in or determined under regulations made by the Secretary of State;
(b) the part time posts the annual rate of remuneration in respect of which would be or exceed that amount if they were full time posts in respect of which remuneration were paid at the same rate as for the part time post; and
(c) posts not falling within paragraph (a) or (b) above the duties of which appear to the authority to fall within subsection (3) below,
as are not posts for the time being exempted under section 3 below, posts for the time being listed under section 100G(2) of the M6 Local Government Act 1972 or section 50G(2) of the M7 Local Government (Scotland) Act 1973 or posts of a description specified in regulations made by the Secretary of State for the purposes of this subsection.
(3) The duties of a post under a local authority fall within this subsection if they consist in or involve one or both of the following, that is to say—

(a) giving advice on a regular basis to the authority themselves, to any committee or sub-committee of the authority or to any joint committee on which the authority are represented[F1 or, where the authority are operating executive arrangements, to the executive of the authority, to any committee of that executive, or to any member of that executive who is also a member of the authority] ;
(b) speaking on behalf of the authority on a regular basis to journalists or broadcasters.
(4) It shall be the duty of every local authority to deposit the first list prepared under subsection (2) above with their proper officer before the expiry of the period of two months beginning with the coming into force of this section; and it shall also be their duty, on subsequently making any modifications of that list, to deposit a revised list with that officer.

(5) It shall be the duty of every local authority in performing their duties under this section to have regard to such general advice as may be given by virtue of subsection (1) (b) of section 3 below by a person appointed under that subsection.

(6) In this section “the statutory chief officers” means—

(a) the chief education officer [F2 or director of education] appointed under [F3 section 532 of the Education Act 1996] [F2 or section 78 of the M8 Education (Scotland) Act 1980] ;
(b) the chief officer of a fire brigade maintained under the M9 Fire Services Act 1947 and appointed under regulations made under section 18(1) (a) of that Act;
(c) the director of social services or [F4 chief social work officer] appointed under section 6 of the M10 Local Authority Social Services Act 1970 or section 3 of the M11 Social Work (Scotland) Act 1968; and
(d) the officer having responsibility, for the purposes of section 151 of the Local Government Act 1972, section 73 of the M12 Local Government Act 1985, section 112 of the M13 Local Government Finance Act 1988 or section 6 below or for the purposes of section 95 of the M14 Local Government (Scotland) Act 1973, for the administration of the authority’s financial affairs.
(7) In this section “non-statutory chief officer” means, subject to the following provisions of this section—

(a) a person for whom the head of the authority’s paid service is directly responsible;
(b) a person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to the head of the authority’s paid service; and
(c) any person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to the local authority themselves or any committee or sub-committee of the authority.
(8) In this section “deputy chief officer” means, subject to the following provisions of this section, a person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to one or more of the statutory or non-statutory chief officers.

(9) A person whose duties are solely secretarial or clerical or are otherwise in the nature of support services shall not be regarded as a non-statutory chief officer or a deputy chief officer for the purposes of this Part.

(10) Nothing in this section shall have the effect of requiring any person to be regarded as holding a politically restricted post by reason of his holding—

(a) the post of head teacher or principal of a school, college or other educational institution or establishment which, in England and Wales, is maintained or assisted by a local education authority or, in Scotland, is under the management of or is assisted by an education authority; or
(b) any other post as a teacher or lecturer in any such school, college, institution or establishment,
or of requiring any such post to be included in any list prepared and maintained under this section.
(11) Regulations under this section may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate.

Annotations:

Amendments (Textual)

F1 Words in s. 2(3)(a) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, arts. 1(2), 22; S.I. 2002/808, arts. 1(2), 21

F2 Words in s. 2(6)(a) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 161(1)(2)(a), Sch. 14 (with s. 128(8)); S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F3 Words in s. 2(6)(a) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 para. 95 (with s. 1(4), Sch. 39 paras. 30, 39)

F4 Words in s. 2(6)(c) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 161(1)(2)(b) (with s. 128(8)); S.I. 1996/323, art. 4(1)(c)

Modifications etc. (not altering text)

C5 S. 2 extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 7(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Marginal Citations

M4 1972 c. 70.

M5 1973 c. 65.

M6 1972 c.70.

M7 1973 c.65.

M8 1980 c. 44.

M9 1947 c.41.

M10 1970 c. 42.

M11 1968 c. 49.

M12 1985 c. 51.

M13 1988 c. 41.

M14 1973 c. 65.


3 Grant and supervision of exemptions from political restriction. (E+W+S)

(1) It shall be the duty of the Secretary of State to appoint a person—

(a) to carry out the functions in relation to political restriction which are conferred by subsections (2) to (7) below; and
(b) to give such general advice with respect to the determination of questions arising by virtue of section 2(3) above as that person considers appropriate after consulting such representatives of local government and such organisations appearing to him to represent employees in local government as he considers appropriate.
(2) A person appointed under subsection (1) above—

(a) shall consider any application for exemption from political restrictionwhich is made to him, in respect of any post under a local authority, by the holder for the time being of that post; and
(b) may, on the application of any person or otherwise, give directions to a local authority requiring it to include a post in the list maintained by the authority under section 2(2) above.
(3) An application shall not be made by virtue of subsection (2) (a) above in respect of a post under a local authority except where—

(a) the authority have specified or are proposing to specify the post in the list maintained by the authority under subsection (2) of section 2 above; and
(b) in the case of a post falling within paragraph (a) or (b) of that subsection, the authority have certified whether or not, in their opinion, the duties of the post fall within subsection (3) of that section;
and it shall be the duty of a local authority to give a certificate forthe purposes of paragraph (b) above in relation to any post if they are requested to do so by the holder of that post.
(4) If, on an application made by virtue of subsection (2) (a) above in respect of any post under a local authority, the person to whom the application is made is satisfied that the duties of the post do not fall within section 2(3) above, that person shall direct—

(a) that, for so long as the direction has effect in accordance with its terms, the post is not to be regarded as a politically restricted post; and
(b) that, accordingly, the post is not to be specified in the list maintained by that authority under section 2(2) above or, as the case may be, is to be removed from that list.
(5) A person appointed under subsection (1) above shall not give a directionunder subsection (2) (b) above in respect of any post under a local authority except where he is satisfied that the post—

(a) is a post the duties of which fall within section 2(3) above; and
(b) is neither included in any list maintained by the authority in accordance with section 2(2) above, section 100G(2) of the M15 Local Government Act 1972 or section 50G(2) of the M16 Local Government (Scotland) Act 1973 nor of a description specified in any regulations under section 2(2) above.
(6) It shall be the duty of a local authority—

(a) to give a person appointed under subsection (1) above all such information as that person may reasonably require for the purpose of carrying out his functions under this section;
(b) to comply with any direction under this section with respect to the list maintained by the authority; and
(c) on being given a direction by virtue of subsection (2) (b) above, to notify the terms of the direction to the holder for the time being of the post to which the direction relates.
(7) It shall be the duty of a person appointed under subsection (1) above, in carrying out his functions under this section, to give priority, according to the time available before the election, to any application made by virtue of subsection (2) (a) above by a person who certifies that it is made for the purpose of enabling him to be a candidate in a forthcoming election.

(8) The Secretary of State may—

(a) appoint different persons under subsection (1) above for England and for Wales;
(b) provide for the appointment of such numbers of staff to assist any person appointed under that subsection, and to act on that person’s behalf, as the Secretary of State may with the consent of the Treasury determine;
(c) pay to or in respect of a person appointed under that subsection andmembers of such a person’s staff such remuneration and such other sums by way of, or towards, the payment of pensions, allowances and gratuities as the Secretary of State may so determine; and
(d) provide for a person appointed under that subsection and such a person’s staff to hold office on such other terms as the Secretary of State may so determine.
Annotations:

Modifications etc. (not altering text)

C6 S. 3 applied (S.) (temp. 6.4.1995 to 31.3.1996) by S.I. 1995/789, art. 2, Sch. entry 11

S. 3 extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 7(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 3 extended (8.5.2000) by 1999 c. 29, ss. 68, 70 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

Marginal Citations

M15 1972 c. 70.

M16 1973 c. 65.


Duties of particular officers (E+W+S)


4 Designation and reports of head of paid service. (E+W+S)

(1) It shall be the duty of every relevant authority—

(a) to designate one of their officers as the head of their paid service; and
(b) to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow his duties under this section to be performed.
(2) It shall be the duty of the head of a relevant authority’s paid service,where he considers it appropriate to do so in respect of any proposals of his with respect to any of the matters specified in subsection (3) below, to prepare a report to the authority setting out his proposals.

(3) Those matters are—

(a) the manner in which the discharge by the authority of their different functions is co-ordinated;
(b) the number and grades of staff required by the authority for the discharge of their functions;
(c) the organisation of the authority’s staff; and
(d) the appointment and proper management of the authority’s staff.
(4) It shall be the duty of the head of a relevant authority’s paid service,as soon as practicable after he has prepared a report under this section, to arrange for a copy of it to be sent to each member of the authority.

(5) It shall be the duty of a relevant authority to consider any report under this section by the head of their paid service at a meeting held not more than three months after copies of the report are first sent to members of the authority; and nothing in section 101 of the M17 Local Government Act 1972 or in section 56 of [F5 , or Schedule 10 or 20 to,] the M18 Local Government (Scotland) Act 1973 (delegation) shall apply to the duty imposed by virtue of this subsection.

(6) In this section “relevant authority”—

(a) in relation to England and Wales, means a local authority of any of thedescriptions specified in paragraphs (a) to (e) of section 21(1) below; and
(b) in relation to Scotland, [F6 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] .
(7) This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.

Annotations:

Amendments (Textual)

F5 Words in s. 4(5) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 161(1)(3)(a), Sch. 14 (with s. 128(8)); S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F6 Words in s. 4(6)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 161(1)(3)(b) (with s. 128(8)); S.I. 1996/323, art. 4(1)(c)

Modifications etc. (not altering text)

C7 S. 4 extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(7)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 4 applied (with modifications) (8.5.2000) by 1999 c. 29, s. 72(1) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

Marginal Citations

M17 1972 c. 70.

M18 1973c. 65.


5 Designation and reports of monitoring officer. (E+W+S)

(1) It shall be the duty of every relevant authority—

(a) to designate one of their officers (to be known as “the monitoring officer”) as the officer responsible for performing the duties imposed by this section [F7 and, where relevant, section 5A below] ; and
(b) to provide that officer with such staff, accommodation and other resourcesas are, in his opinion, sufficient to allow those duties [F8 and, where relevant, the duties under section 5A below] to be performed;
and [F9 subject to subsection (1A) below] the officer so designated may be the head of the authority’s paid service [F10 (or, in the case of a police authority established under [F11 section 3 of the Police Act 1996] [F12 or the Metropolitan Police Authority] , the clerk to the authority) ] but shall not be their chief finance officer.
[F13 (1A) The officer designated under subsection (1) above by a relevant authority to which this subsection applies may not be the head of that authority’s paid service.]

[F13 (1B) Subsection (1A) above applies to the following relevant authorities in England and Wales—

(a) a county council,
(b) a county borough council,
(c) a district council,
(d) a London borough council,
(e) the Greater London Authority, and
(f) the Common Council of the City of London in its capacity as a local authority, police authority or port health authority.]
(2) [F14 Subject to subsection (2B) ,] it shall be the duty of a relevant authority’s monitoring officer, if it at any time appears to him that any proposal, decision or omission by the authority, by any committee, [F15 or sub-committee of the authority, by any person holding any office or employment under the authority] or by any joint committee on which the authority are represented constitutes, has given rise to or is likely to or would give rise to—

(a) a contravention by the authority, by any committee, [F15 or sub-committee of the authority, by any person holding any office or employment under the authority] or by any such joint committee of any enactment or rule of law [F16 or of any code of practice made or approved by or under any enactment] ; or
(b) any such maladministration or injustice as is mentioned in Part III of the M19 Local Government Act 1974 (Local Commissioners) or Part IIof the M20 Local Government (Scotland) Act 1975 (which makes corresponding provision for Scotland) ,
to prepare a report to the authority with respect to that proposal, decision or omission.
[F17 (2A) No duty shall arise by virtue of subsection (2) (b) above unless a Local Commissioner (within the meaning of the M21 Local Government Act 1974) has conducted an investigation under Part III of that Act in relation to the proposal, decision or omission concerned.]

[F18 (2B) Where a relevant authority are operating executive arrangements, the monitoring officer of the relevant authority shall not make a report under subsection (2) in respect of any proposal, decision or omission unless it is a proposal, decision or omission made otherwise than by or on behalf of the relevant authority’s executive.]

(3) It shall be the duty of a relevant authority’s monitoring officer—

(a) in preparing a report under this section to consult so far as practicable with the [F19 person who is for the time being designated as the head of the authority’s paid service under section 4 above] and with their chief finance officer; and
(b) as soon as practicable after such a report has been prepared by him or his deputy, to arrange for a copy of it to be sent to each member of the authority [F20 and, in a case where the relevant authority have a mayor and council manager executive, to the council manager of the authority] .
(4) The references in subsection (2) above, in relation to a relevant authority in England and Wales, to a committee or sub-committee of the authority and to a joint committee on which they are represented shall be taken to include references to any of the following, that is to say—

[F21 (a) any police committee the members of which include persons appointed by the authority;]
(b) any local fisheries committee the members of which include persons so appointed;
F22 (c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) any sub-committee appointed by a committee falling within paragraphs (a) to (c) above;
but in relation to any such committee or sub-committee the reference insubsection (3) (b) above to each member of the authority shall have effect as a reference to each member of the committee or, as the case may be, of the committee which appointed the sub-committee.
(5) It shall be the duty of a relevant authority and of any such committee as is mentioned in subsection (4) above—

(a) to consider any report under this section by a monitoring officer or his deputy at a meeting held not more than twenty-one days after copies of the report are first sent to members of the authority or committee; and
(b) without prejudice to any duty imposed by virtue of section 115 of the M22 Local Government Finance Act 1988 (duties in respect of conduct involving contraventions of financial obligations) or otherwise, to ensure that no step is taken for giving effect to any proposal or decision to which such a report relates at any time while the implementation of the proposal or decision is suspended in consequence of the report;
and nothing in section 101 of the M23 Local Government Act 1972 or in section 56 of [F23 , or Schedule 10 or 20 to,] the M24 Local Government (Scotland) Act 1973 (delegation) shall apply to the duty imposed by virtue of paragraph (a) above.
(6) For the purposes of paragraph (b) of subsection (5) above the implementation of a proposal or decision to which a report under this section relates shall be suspended in consequence of the report until the end of the first business day after the day on which consideration of that report under paragraph (a) of that subsection is concluded.

(7) The duties of a relevant authority’s monitoring officer under this section shall be performed by him personally or, where he is unable to act owing to absence or illness, personally by such member of his staff as he has for the time being nominated as his deputy for the purposes of this section.

(8) In this section [F24 and in section 5A]“business day”, in relation to a relevant authority, means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or any day which is a bank holiday under the M25 Banking and Financial Dealings Act 1971 in the part of Great Britain where the area of the authority is situated; “chief finance officer”, in relation to a relevant authority, means the officer having responsibility, for the purposes of section 151 of the Local Government Act 1972, section 73 of the M26 LocalGovernment Act 1985, section 112 of the Local Government Finance Act 1988 [F25 , section 127(2) of the Greater London Authority Act 1999] or section 6 below or for the purposes of section 95 of the Local Government (Scotland) Act 1973, for the administration of the authority’s financial affairs; and “relevant authority”—

(a) in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to [F26 (k) ] of section 21(1) below; and
(b) in relation to Scotland, means a local authority.
[F27 (8A) Any reference in this section to the duties of a monitoring officer imposed by this section, or to the duties of a monitoring officer under this section, shall include a reference to the functions which are conferred on a monitoring officer by virtue of Part III of the Local Government Act 2000.]

(9) This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.

Annotations:

Amendments (Textual)

F7 Words in s. 5(1)(a) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, arts. 1(2), 23(1)(a); S.I. 2002/808, arts. 1(2), 22(1)(a)

F8 Words in s. 5(1)(b) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, arts. 1(2), 23(1)(b); S.I. 2002/808, arts. 1(2), 22(1)(b)

F9 Words in s. 5(1) inserted (E.W.) (28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 24(1)(2)

F10 Words in s. 5(1)(b) inserted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 35(a); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch. (subject to art. 5)

F11 Words in s. 5(1) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. I para. 1(1)(2)(zd)

F12 Words in s. 5(1) inserted (for certain purposes on the “operative date" (as defined in art. 1(2)(c) of S.I. 2000/1095) and on 3.7.2000 for all other purposes) by 1999 c. 29, s. 325, Sch. 27 para. 62 (with Sch. 12 para. 9(1)); S.I. 2000/1095, art. 4(2)(c)

F13 S. 5(1A)(1B) inserted (E.W.) (28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 24(1)(3)

F14 Words in s. 5(2) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, arts. 1(2), 23(1)(c); S.I. 2002/808, arts. 1(2), 22(1)(c)

F15 Words in s. 5(2) substituted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 35(b); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch. (subject to art. 5)

F16 Words in s. 5(2)(a) repealed (E.W.) (28.7.2001) by 2000 c. 22, ss. 107(1)(2), 108(4), Sch. 5 para. 24(1)(4), Sch. 6

F17 S. 5(2A) inserted (E.W.) (28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 24(1)(6)

F18 S. 5(2B) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, arts. 1(2), 23(1)(d); S.I. 2002/808, arts. 1(2), 22(1)(d)

F19 Words in s. 5(3)(a) substituted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 35(c); S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch. (subject to art. 5)

F20 Words in s. 5(3)(b) added (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, arts. 1(2), 23(1)(e); S.I. 2002/808, arts. 1(2), 22(1)(e)

F21 S. 5(4)(a) repealed (1.4.1995 (E.W.) otherwiseprosp.) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch. (subject to art. 5)

F22 S. 5(4)(c) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F23 Words in s. 5(5) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 161(1)(4), Sch. 14 (with s. 128(8)); S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F24 Words in s. 5(8) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, arts. 1(2), 23(1)(f); S.I. 2002/808, arts. 1(2), 22(1)(f)

F25 S. 5(8): words in the definition of

“chief finance officer”



inserted (8.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 132(1)(2) (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4

F26 S. 5(8): words in para. (a) of the definition of

“relevant authority”



substituted (E.W.) (28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 24(1)(7)

F27 S. 5(8A) inserted (E.W.) (28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 24(1)(8)

Modifications etc. (not altering text)

C8 S. 5 extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(7)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 5 applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 19(1), Sch. 6 para. 7(3)

S. 5 applied (with modifications) (8.5.2000) by 1999 c. 29, s. 73 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2 (as amended (27.5.2000) by S.I. 2000/1435, art. 2, Sch. 1 Pt. I para. 5 and amended (E.W.) (28.7.2001) by 2000 c. 22, ss. 107, 108(4), Sch. 5 para. 24(5), Sch. 6)

S. 5 extended (with modifications) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 15 (with s. 32); S.S.I. 2000/312, art. 2

C9 S. 5(1) applied (10.5.2000) by S.I. 2000/1095, art. 6(5)(a)

Marginal Citations

M19 1974 c. 7.

M20 1975 c. 30.

M21 1974 c. 7.

M22 1988 c. 41.

M23 1972 c. 70.

M24 1973 c.65.

M25 1971 c. 80.

M26 1985 c. 51.


[F28 5A Reports of monitoring officer—local authorities operating executive arrangements

(1) Where a relevant authority are operating executive arrangements, the monitoring officer of that authority shall be responsible for performing the duties imposed by this section.

(2) It shall be the duty of the monitoring officer of a relevant authority that is referred to in subsection (1) above, if at any time it appears to him that any proposal, decision or omission, in the course of the discharge of functions of the relevant authority, by or on behalf of the relevant authority’s executive, constitutes, has given rise to or is likely to or would give rise to any of the events referred to in subsection (3) , to prepare a report to the executive of the authority with respect to that proposal, decision or omission.

(3) The events referred to for the purposes of subsection (2) are—

(a) a contravention, by the relevant authority’s executive or any person on behalf of the executive, of any enactment or rule of law; or
(b) any such maladministration or injustice as is mentioned in Part III of the Local Government Act 1974 F29 (Local Commissioners).
(4) No duty shall arise by virtue of subsection (3) (b) above unless a Local Commissioner (within the meaning of the Local Government Act 1974) has conducted an investigation under Part III of that Act in relation to the proposal, decision or omission concerned.

(5) It shall be the duty of an authority’s monitoring officer—

(a) in preparing a report under subsection (2) to consult so far as practicable with the person who is for the time being designated as the head of the authority’s paid service under section 4 above and with their chief finance officer; and
(b) as soon as practicable after such a report has been prepared by him or his deputy, to arrange for a copy of it to be sent to each member of the authority and, where the authority has a mayor and council manager executive, the council manager.
(6) It shall be the duty of the authority’s executive—

(a) to consider any report under this section by a monitoring officer or his deputy at a meeting held not more than twenty-one days after copies of the report are first sent to members of the executive; and
(b) without prejudice to any duty imposed by virtue of section 115B of the Local Government Finance Act 1988 (duties of executive as regards reports) or otherwise, to ensure that no step is taken for giving effect to any proposal or decision to which such a report relates at any time while the implementation of the proposal or decision is suspended in consequence of the report.
(7) For the purposes of paragraph (b) of subsection (6) above the implementation of a proposal or decision to which a report under this section, by a monitoring officer or his deputy, relates shall be suspended in consequence of the report until the end of the first business day after the day on which consideration of that report under paragraph (a) of that subsection is concluded.

(8) As soon as practicable after the executive has concluded its consideration of the report of the monitoring officer or his deputy, the executive shall prepare a report which specifies—

(a) what action (if any) the executive has taken in response to the report of the monitoring officer or his deputy;
(b) what action (if any) the executive proposes to take in response to that report and when it proposes to take that action; and
(c) the reasons for taking the action specified in the executive’s report or, as the case may be, for taking no action.
(9) As soon as practicable after the executive has prepared a report under subsection (8) , the executive shall arrange for a copy of it to be sent to each member of the authority and the authority’s monitoring officer.

(10) The duties of an authority’s monitoring officer under this section shall be performed by him personally or, where he is unable to act owing to absence or illness, personally by such member of his staff as he has for the time being nominated as his deputy for the purposes of this section.]

Annotations:

Amendments (Textual)

F28 S. 5A inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/3327, arts. 1(2), 23(2); S.I. 2002/808, arts. 1(2), 22(2)

F29 1974 c.7.


6 Officer responsible for financial administration of certain authorities. (E+W+S)

(1) On and after the commencement day the Common Council shall—

(a) make arrangements for the proper administration of such of its financial affairs as relate to it in its capacity as a local authority, police authority or port health authority, and
(b) secure that one of its officers has responsibility for the administration of those affairs.
(2) Section 17 of the M27 City of London Sewers Act 1897 (functions of the chamberlain of the City of London as regards financial affairs) shall cease to have effect on the commencement day.

(3) On and after the commencement day the person having responsibility for the administration of certain of the financial affairs of the Common Council under subsection (1) above shall—

(a) be a member of one or more of the bodies specified in subsection (5) below; or
(b) be the person who immediately before that day was the chamberlain of the City of London; or
(c) be a person who qualifies by virtue of section 113(2) (b) of the M28 Local Government Finance Act 1988 (existing office holders) as a person who may be given responsibility for the financial affairs of an authority mentioned in section 111(2) (a) to (k) of that Act; or
(d) fulfil two or more of those conditions.
(4) On and after the commencement day the person having responsibility for the administration of the financial affairs of a new successor body under section 73 of the M29 Local Government Act 1985 shall—

(a) be a member of one or more of the bodies specified in subsection (5) below; or
(b) be the person who immediately before that day had responsibility for the administration of the financial affairs of the body concerned under the said section 73; or
(c) be a person who qualifies by virtue of section 113(2) (b) of the Local Government Finance Act 1988 (existing office holders) as a person who may be given responsibility for the financial affairs of an authority mentioned insection 111(2) (a) to (k) of that Act; or
(d) fulfil two or more of those conditions.
(5) The bodies referred to in subsections (3) (a) and (4) (a) above are—

(a) the Institute of Chartered Accountants in England and Wales;
(b) the Institute of Chartered Accountants of Scotland;
(c) the Chartered Association of Certified Accountants;
(d) the Chartered Institute of Public Finance and Accountancy;
(e) the Institute of Chartered Accountants in Ireland;
(f) the Chartered Institute of Management Accountants;
(g) any other body of accountants established in the United Kingdom and forthe time being approved by the Secretary of State for the purposes of this section.
(6) The Secretary of State may make regulations containing, as regards the Common Council and any new successor body to which section 73 of the M30 Local Government Act 1985 applies, provisions equivalent to sections 114 to 116 of the M31 Local Government Finance Act 1988 (reports etc.) subject to—

(a) modifications to confine the provisions to the Common Council in its capacity as a local authority, police authority or port health authority; and
(b) any other modifications the Secretary of State thinks fit;
and any such regulations may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate.
(7) In this section— “the commencement day” means the day on which this section comes into force; “the Common Council” means the Common Council of the City of London; “new successor body” means a body corporate established at any time by an order under section 67(3) of the Local Government Act 1985 (new body succeeding to residuary body’s functions).

(8) This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.

Annotations:

Marginal Citations

M27 1897 c. cxxxiii.

M28 1988c. 41.

M29 1985 c. 51.

M30 1985c. 51.

M31 1988 c. 41.


Appointment and management etc. of staff (E+W+S)


7 All staff to be appointed on merit. (E+W+S)

(1) Every appointment of a person to a paid office or employment under—

(a) a local authority or parish or community council in England and Wales, or
(b) a local authority in Scotland,
shall be made on merit.
(2) Subsection (1) above applies to all appointments made by, or by any committee of, a local authority or parish or community council, whether made under section 112 of the M32 Local Government Act 1972 or section 64 of the M33 Local Government (Scotland) Act 1973 (appointment of staff) or otherwise, but has effect subject to—

F30 (a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) section 18 of the M34 Fire Services Act 1947 (regulations as to appointment etc. of chief officers and fire brigades) ;
(c) section 7 of the M35 Sex Discrimination Act 1975 (discrimination permitted in relation to employment where sex of employee is a genuine occupational qualification) ;
(d) section 5 of the M36 Race Relations Act 1976 (discrimination permitted in relation to employment where being of a particular racial group is a genuine occupational qualification) ; F31 . . .
(e) section 113 of the M37 Local Government Finance Act 1988 and section 6 above (qualifications of officers responsible for administration of financial affairs of certain authorities) [F32 ; and.
F32 (f) sections 5 and 6 of the Disability Discrimination Act 1995 (meaning of discrimination and duty to make adjustments).]
(3) This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.

Annotations:

Amendments (Textual)

F30 S. 7(2)(a) omitted (2.12.1996) by virtue of 1995 c. 50, s. 70(4), Sch. 6 para. 5(a) (with ss. 59, 64, 65); S.I. 1996/1474, art. 2(3), Sch. Pt. III (and repealed (prosp.) by 1995 c. 50, s. 70(3)(5), Sch. 7 (with ss. 59, 64, 65))

F31 Word in s. 7(2)(d) omitted (2.12.1996) by virtue of 1995 c. 50, s. 70(4), Sch. 6 para. 5(b) (with ss. 59, 64, 65); S.I. 1996/1474, art. 2(3), Sch. Pt. III (and repealed (prosp.) by 1995 c. 50, s. 70(3)(5), Sch. 7 (with ss. 59, 64, 65)

F32 S. 7(2)(f) and preceding “; and" inserted (2.12.1996) by 1995 c. 50, s. 70(4), Sch. 6 para. 5(c) (with ss. 59, 64, 65); S.I. 1996/1474, art. 2(3), Sch. Pt. III

Modifications etc. (not altering text)

C10 S. 7 extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(7) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 7 applied (8.5.2000) by 1999 c. 29, s. 67(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

Marginal Citations

M32 1972 c. 70.

M33 1973 c. 65.

M34 1947 c. 41.

M35 1975 c. 65.

M36 1976 c. 74.

M37 1988 c. 41.


8 Duty to adopt standing orders with respect to staff.

(1) The Secretary of State may by regulations require relevant authorities, subject to such variations as may be authorised by the regulations—

(a) to incorporate such provision as may be prescribed by the regulations instanding orders relating to their staff; and
(b) to make or refrain from making such other modifications of any such standing orders as may be so prescribed.
(2) For the purposes of this section standing orders relate to the staff of a relevant authority if they make provision for regulating—

(a) the appointment of persons to paid office or employment under the authority; or
(b) the dismissal of persons holding such office or employment and the taking of other disciplinary action against such persons.
(3) Without prejudice to the generality of subsection (1) above, regulations under this section may require a relevant authority’s standing orders—

(a) so to restrict the manner of exercising the power to take steps for or towards the selection of candidates for interview, or for appointment, as to make it exercisable only by the authority themselves, by a committee orsub-committee of the authority or by particular officers of the authority;
(b) to restrict the power of the authority or any of their committees or sub-committees—
(i) to give directions to persons making appointments on their behalf as to the identity of the individuals to be appointed; or
(ii) otherwise to interfere with the making of appointments by such persons;
(c) to require the monitoring officer of the authority to prepare a report tothe authority in respect of every proposed appointment of a person to a politically restricted post;
(d) to require every such report to state whether, in the opinion of the monitoring officer, the proposed appointment can be made—
(i) without any contravention of any provision made by or under this Part; and
(ii) without any matter being taken into account which could not properly be taken into account;
and, if in his opinion it cannot be so made, his reasons; and
(e) to prohibit the authority or any committee, sub-committee or other person acting on their behalf from dismissing or taking other disciplinary action against a person holding office or employment under the authority except in accordance with recommendations contained in a report made to the authority by an independent person of such a description as is prescribed by the regulations.
(4) Regulations under this section may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate; and that provision may include—

(a) provision which, for the purposes of any such restriction as is mentioned in subsection (3) above, makes modifications of any enactment with respect to the delegation of a relevant authority’s functions;
(b) provision which (with or without modifications) applies provisions of section 5 above in relation to any report prepared in consequence of regulations made by virtue of subsection (3) (c) above;
(c) provision specifying the consequences—
(i) in relation to any appointment or contract of employment;
(ii) in relation to any proceedings on a complaint to an [F33 employment tribunal] ; and
(iii) in relation to any expenditure incurred by the authority,
of any contravention of standing orders made in pursuance of the regulations; and
[F34 (d) without prejudice to section 191(1) below, special provision in relation to the appointment of persons—
(i) in pursuance of section 9 below;
(ii) for the purposes of functions exercised by joint committees on which relevant authorities are represented; and
(iii) in pursuance of regulations made under paragraph 6 of Schedule 1 to the Local Government Act 2000 (mayor’s assistant).]
(5) In this section “relevant authority”—

(a) in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to (e) of section 21(1) below; and
(b) in relation to Scotland, means a regional, islands or district council.
Annotations:

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F33 Words in s. 8(4)(c)(ii) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F34 S. 8(4)(d) substituted (E.) (18.5.2001) by The Local Authorities (Executive Arrangements) (Modification of Enactments and Further Provisions) (England) Order 2001 (S.I. 2001/1517), art. 5

S. 8(4)(d) substituted (W.) (1.4.2002) by The Local Authorities (Executive Arrangements) (Modification of Enactments and Further Provisions) (Wales) Order 2002 (S.I. 2002/803), art. 5

Modifications etc. (not altering text)

C11 S. 8 with the omission of subsection (4)(c) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(7) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 8 applied (8.5.2000) by 1999 c. 29, s. 67(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2


8 Duty to adopt standing orders with respect to staff. (S)

(1) The Secretary of State may by regulations require relevant authorities, subject to such variations as may be authorised by the regulations—

(a) to incorporate such provision as may be prescribed by the regulations in standing orders relating to their staff; and
(b) to make or refrain from making such other modifications of any such standing orders as may be so prescribed.
(2) For the purposes of this section standing orders relate to the staff of a relevant authority if they make provision for regulating—

(a) the appointment of persons to paid office or employment under the authority; or
(b) the dismissal of persons holding such office or employment and the taking of other disciplinary action against such persons.
(3) Without prejudice to the generality of subsection (1) above, regulations under this section may require a relevant authority’s standing orders—

(a) so to restrict the manner of exercising the power to take steps for or towards the selection of candidates for interview, or for appointment, as to make it exercisable only by the authority themselves, by a committee or sub-committee of the authority or by particular officers of the authority;
(b) to restrict the power of the authority or any of their committees or sub-committees—
(i) to give directions to persons making appointments on their behalf as to the identity of the individuals to be appointed; or
(ii) otherwise to interfere with the making of appointments by such persons;
(c) to require the monitoring officer of the authority to prepare a report to the authority in respect of every proposed appointment of a person to a politically restricted post;
(d) to require every such report to state whether, in the opinion of the monitoring officer, the proposed appointment can be made—
(i) without any contravention of any provision made by or under this Part; and
(ii) without any matter being taken into account which could not properly be taken into account;
and, if in his opinion it cannot be so made, his reasons; and
(e) to prohibit the authority or any committee, sub-committee or other person acting on their behalf from dismissing or taking other disciplinary action against a person holding office or employment under the authority except in accordance with recommendations contained in a report made to the authority by an independent person of such a description as is prescribed by the regulations.
(4) Regulations under this section may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate; and that provision may include—

(a) provision which, for the purposes of any such restriction as is mentioned in subsection (3) above, makes modifications of any enactment with respect to the delegation of a relevant authority’s functions;
(b) provision which (with or without modifications) applies provisions of section 5 above in relation to any report prepared in consequence of regulations made by virtue of subsection (3) (c) above;
(c) provision specifying the consequences—
(i) in relation to any appointment or contract of employment;
(ii) in relation to any proceedings on a complaint to an [F351 employment tribunal] ; and
(iii) in relation to any expenditure incurred by the authority,
of any contravention of standing orders made in pursuance of the regulations; and
(d) without prejudice to section 190(1) below, special provision in relation to the appointment of persons in pursuance of section 9 below and in relation to the appointment of persons for the purposes of functions exercised by joint committees on which relevant authorities are represented.
(5) In this section “relevant authority”—

(a) in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to (e) of section 21(1) below; and
(b) in relation to Scotland, means a [F352 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] .
Annotations:

Extent Information

E3 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F351 Words in s. 8(4)(c)(ii) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F352 Words in s. 8(5)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 161(1)(5); S.I. 1996/323, art. 4(1)(c)

Modifications etc. (not altering text)

C114 S. 8 applied (8.5.2000) by 1999 c. 29, s. 67(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2