Local Government and Housing Act 1989 (c. 42)

SCHEDULES

SCHEDULE 1 E+W+S Political Balance on Local Authority Committees etc.

Modifications etc. (not altering text)

C1 Sch. 1 applied (with modifications) (8.5.2000) by 1999 c. 29, s. 57 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

C2 Sch. 1 excluded (E.W.) (1.4.2013) by The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 (S.I. 2013/218), regs. 1(2), 7(c)

C3 Sch. 1: power to apply (with or without modifications) conferred (E.W.) (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, s. 107D(4)(f) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), ss. 4(1), 25(2))

C4 Sch. 1: power to exclude conferred (E.W.) (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, s. 107E(4) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), ss. 4(1), 25(2))

C5 Sch. 1: power to exclude conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 32(4), 255(2)(c) (with s. 247)

Commencement Information

I1 Sch. 1 partly in force; Sch. 1 not in force at Royal Assent see s. 195(2); Sch. 1 in force for certain purposes at 16.1.1990 by S.I. 1989/2445, art. 4; Sch. 1 in force at 1.8.1990 as it applies in relation to England and Wales and in so far as it is not already in force by S.I. 1990/1552, art. 3.

Construction of sections 15 to 17 E+W+S

4 (1) In sections 15 to 17 of this Act and this Schedule— E+W+S

• “advisory committee”, in relation to a relevant authority,means a committee appointed by the authority under section 102(4) of the M1 Local Government Act 1972 or section 57(4) of the M2 Local Government (Scotland) Act 1973 (advisory committees);

• F1 . . .

• “membership”, in relation to a relevant authority, means the number of persons who are for the time being members of the authority, disregarding any person who is treated as continuing to be a member of the authority by virtue of section 3(3) of the Local Government Act 1972 (chairman to continue as a member until replaced);

• “ordinary committee”—

  (a)

  in relation to any relevant authority in England and Wales, means [F2 any committee] of the authority appointed under section 102(1)(a) of the Local Government Act 1972, not being a body to which section 15 of this Act applies by virtue of paragraph 2 above; and

  (b)

  in relation to any relevant authority in Scotland, means F3 . . . any committee of the authority appointed under section 57(1)(a) of the Local Government (Scotland) Act 1973;

• “relevant authority”—

  (a)

  in relation to England and Wales, means a local authority of any of the descriptions specified in [F4 paragraphs (a) to (c), (f) or (h) to [F5 (jba)]] of section 21(1)of this Act; and

  (b)

  in relation to Scotland, means a local authority;

  and

• “seat”, in relation to a body to which section 15 of this Act applies, means such a position as a member of that body as—

  (a)

  entitles the person holding the position to vote at meetings of the body on any question which falls to be decided at such a meeting; and

  (b)

  in the case of a position as member of an advisory committee or of a sub-committee appointed by an advisory committee, is not a position which the authority or committee have determined must be filled by the appointment of a person who is not a member of the authority.

(2) In this Schedule—

• “ordinary sub-committee”—

  (a)

  in relation to any relevant authority in England and Wales, means any sub-committee of the authority’s F6 . . . social services committee or any other sub-committee of that authority appointed under section102(1)(c) of the M3 Local Government Act 1972 by an ordinary committee of that authority; and

  (b)

  in relation to any relevant authority in Scotland, means any sub-committee of an ordinary committee;

• F7 ...

• F8 . . ..

(3) References in this paragraph to voting include references to making use of a casting vote.

Textual Amendments

F1 Sch. 1 para. 4(1): definition of “education committee” repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 157(a)(ii), Sch. 21 Pt. 2; S.I. 1994/507, art. 4 Sch. 2

F2 Words in Sch. 1 para. 4(1) substituted (E.W.) (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 55(4), 67(7)(e); S.I. 2005/394, art. 2(2)(f); S.I. 2006/885, art. 2(e)

F3 Sch. 1 para. 4(1): words in definition of “ordinary committee” repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14 (with s. 128(8)); S.I. 1996/323, art. 4(1)(d), Sch. 2

F4 Sch. 1 para. 4(1): words in definition of “relevant authority” substituted (1.10.1994 for certain purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. 1 para. 44(b); S.I. 1994/2025, art. 6(1)(2)(g); S.I. 1994/3262, art. 4, Sch. (subject to transitional provision in art. 5)

F5 Word in Sch. 1 para. 4(1) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 105(3) (with s. 247)

F6 Sch. 1 para. 4(2): words in definition of “ordinary sub-committee” repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 157(b), Sch. 21 Pt. 2; S.I. 1994/507, art. 4 Sch. 2

F7 Words in Sch. 1 para. 4(2) repealed (E.W.) (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(h)

F8 Sch. 1 para. 4(2): definition of “social work committee” and the word “and” immediately preceding it repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14 (with s. 128(8)); S.I. 1996/323, art. 4(1)(d), Sch. 2

Marginal Citations

M1 1972 c. 70.

M2 1973 c. 65.

M3 1972 c. 70.