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Statutory Instrument 2001 No. 1299The Local Authorities (Alternative Arrangements) (England) Regulations 2001(The document as of February, 2008) STATUTORY INSTRUMENTS2001 No. 1299LOCAL GOVERNMENT, ENGLANDThe Local Authorities (Alternative Arrangements) (England) Regulations 2001
The Secretary of State, in exercise of the powers conferred upon him by sections 32 and 105 of the Local Government Act 2000[1] hereby makes the following Regulations, a draft of which has been laid before, and approved by resolution of, each House of Parliament: - Citation, commencement and application 1. - (1) These Regulations may be cited as the Local Authorities (Alternative Arrangements) (England) Regulations 2001 and shall come into force on the day after they are made. (2) These Regulations apply in relation to local authorities in England[2]. Interpretation 2.In these Regulations -
Alternative arrangements
(b) the approval or adoption of a plan or strategy for the control of the local authority's borrowing or capital expenditure; (c) the approval for the purpose of its submission to the Secretary of State or any Minister of the Crown for his approval, of any plan or strategy mentioned in sub-paragraphs (a) or (b), (whether or not in the form of a draft) of which any part is required to be so submitted; and (d) the authorisation of the making of an application -
(ii) for consent to that disposal under section 32 (power to dispose of land held for the purposes of part II) or section 43 (consent required for certain disposals not within section 32) of the Housing Act 1985[6]. (3) The function mentioned in this paragraph is the making of any scheme authorised or required by Regulations under section 18 (schemes for basic, attendance and special responsibility allowances for local authority members) of the Local Government and Housing Act 1989[7] or of amending, revoking or replacing any such scheme.
(ii) subsection (4) of section 5 (vice-chairman's expenses) of that Act; or (iii) subsection (4) of section 173 (financial loss allowance) of that Act[8]; (iv) section 175 (allowances for attending conferences and meetings) of that Act; (b) the rates at which payments are to be made under section 174 (travelling and subsistence allowances) of that Act; and (5) Subject to paragraph (6), section 101 of the 1972 Act shall not apply with respect to the discharge of the function of amending, modifying, varying or revoking any plan or strategy mentioned in paragraph (2)(a) or (b) (whether approved or adopted before or after the coming into force of these Regulations).
(b) is authorised by a determination made by the local authority -
(ii) at the time when the local authority approves or adopts the plan or strategy, as the case may be. Local authority committees and sub-committees
(b) to a committee or sub-committee of a local authority, which only discharges one or more of those functions mentioned under headings A, B, C, H or I in Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000[10] as amended from time to time. (4) Any reference in paragraph (3)(b) to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions[11].
(b) to make reports or recommendations to -
(ii) any committee or sub-committee of the local authority, or (iii) any joint committee on which the local authority is represented or any sub-committee of such a committee, with respect to the discharge of any functions of the local authority; and (c) to make reports or recommendations to -
(ii) any committee or sub-committee of the local authority, or (iii) any joint committee on which the local authority is represented or any sub-committee of such a committee, on matters which affect the authority's area or the inhabitants of that area.
(b) to arrange for its function under paragraph (2)(a), so far as it relates to the decision, to be exercised by the authority. (4) Subject to paragraph (5) an overview and scrutiny committee of a local authority may not discharge any functions other than its functions under this regulation.
(b) may arrange for the discharge of any of its functions by any such sub-committee. (7) A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it in accordance with paragraph (6)(b).
(b) any member of a sub-committee of an overview and scrutiny committee of the authority to ensure that any matter which is relevant to the functions of the sub-committee is included in the agenda for, and is discussed at, a meeting of the sub-committee. (9) An overview and scrutiny committee of a local authority, or any sub-committee of such a committee may include persons who are not members of the authority, but, subject to regulations 8 and 16, any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting.
(b) as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies[13]. (11) Subsections (2) and (5) of section 102 of the 1972 Act are to apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.
(b) may invite other persons to attend meetings of the committee. (13) It is the duty of any member or officer mentioned in paragraph (12)(a) to comply with any requirement so mentioned. Interpretation of Part II 7.In this Part -
(b) a person who is appointed as a parent governor by the governing body in accordance with regulations under the 1998 Act[15]; (c) a person who continues as a parent governor for the purposes of the reconstitution of the governing body on transition to the new schools framework by virtue of regulations under part II of the 1998 Act[16];
Church representatives
(b) which falls to be decided at the meeting. (6) The Secretary of State may by directions to a relevant local authority require any of the authority's education overview and scrutiny committees or sub-committees to which this regulation applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for the foundation or voluntary schools maintained by the authority which are not Church of England schools or Roman Catholic Church schools but which are specified in the directions.
(ii) maintained schools in a particular area; and (b) where they have done so, restricting the electorate for each such category to parent governors of the same type of school or parent governors of schools in that area (but they need not do so). (3) Where a vacancy for a parent governor representative is required to be filled by election the relevant local authority shall announce that vacancy and at the time of that announcement shall -
(b) take such steps as are reasonably practicable to secure that every person who is known to them to be eligible to vote in the election of a parent governor representative is -
(ii) informed that he is entitled to vote in the election; (iii) informed of any arrangements made in respect of the election under regulation 10(2); (iv) informed of details of the electoral timetable and procedures; (v) informed of the qualifications which a person requires in order to be elected as a parent governor representative, and of the term of office of the parent governor representative; and (vi) provided with a description of the role of a parent governor representative. (4) Any election of a parent governor representative which is contested shall be held by secret ballot.
(b) provide for every person who is eligible to vote in the election to have an opportunity to do so by post; (c) secure that the results of the election are announced not more than one week after the date of the election, and not more than three months after the announcement of the vacancy. (7) Where a vacancy remains unfilled because no, or not enough, candidates seek election, the relevant local authority shall comply with the requirements of this regulation again, within one year after the date of the original vacancy having arisen and at six monthly intervals thereafter, calculated from the first anniversary of the original vacancy having arisen, until the vacancy is filled.
(b) where voting for a particular category of parent governor representative is restricted to parent governors of schools in a particular geographic area, he is a parent governor of a maintained school in that area. Qualifications for election as a parent governor representative
(b) he is the parent of a registered pupil who is educated at a maintained school which is maintained by the relevant local authority, or who is educated by the relevant local authority otherwise than at school; (c) where the vacancy is for a parent governor representative to represent a particular type of school, he is a parent governor at that type of school, and (d) where the vacancy is for a parent governor representative to represent schools in a particular area, he is a parent governor of a school in that area. (2) A person who is a member of a local authority shall be disqualified from being elected as a parent governor representative.
(b) he ceases to be a parent governor for any reason other than that -
(ii) he no longer holds office as a result of the discontinuance of the school at which he was a parent governor; or (iii) he no longer holds office as a result of a change in the constitution of the governing body of the school at which he was a parent governor. (2) A parent governor representative shall cease to be qualified to hold that office if he is elected as a member of a local authority.
(b) with the relevant local authority. (4) A parent governor representative shall not hold the office of parent governor representative on an education overview and scrutiny committee of more than one local authority at any one time.
(b) shall be of such duration as the authority shall determine, being a period not less than two years nor greater than four years. Vacation of office
(b) which falls to be considered at the meeting. Transitional Provision
(b) whose term of office, calculated in accordance with the 1999 Regulations, has not expired on the date on which that authority establishes an education overview and scrutiny committee. (2) Subject to paragraph (3), on the establishment of an education overview and scrutiny committee by a relevant local authority, a 1999 representative shall be treated as having been appointed to that education overview and scrutiny committee.
(This note is not part of the Regulations) Section 32 of the Local Government Act 2000 provides for the Secretary of State to make Regulations setting out a regime which is an alternative to the three forms of executive detailed in the Act. Section 31 of the 2000 Act sets out the first type of authority which is able to adopt alternative arrangements; where the resident population of the authority's area is less than 85,000 people and where it is a district council within an area for which there is a county council. Section 27(2) of the 2000 Act sets out the second type of authority able to adopt alternative arrangements; a local authority which has a referendum on the option of a directly elected Mayor may include alternative arrangements as a fall back option. Part I of the Regulations sets out the main features of alternative arrangements. Part II deals with church and parent governor representation on education overview and scrutiny committees within alternative arrangements. Regulation 4 sets out which functions must be carried out by the authority. The functions referred to in this regulation are not capable of being delegated to any officer, committee or sub-committee of the authority, except to the extent specifically mentioned in the regulation. Regulation 5 makes provision for the appointment of committees by an authority which are operating alternative arrangements for the purpose of discharging the authority's functions. Such a committee must contain no more than fifteen members and any sub-committee of such a committee no more than ten members. The limitation on the number of members of a committee or a sub-committee does not apply to an area committee or to any committee which is responsible for carrying out certain regulatory functions of the Authority. Regulation 6 provides for overview and scrutiny within alternative arrangements. This regulation largely reflects the position under section 21 of the Local Government Act 2000 which applies to executive arrangements. Regulation 7 defines the terms used in part II of the Regulations. Regulation 8 provides for the representation of church nominees on education overview and scrutiny committees. The regulation deals specifically with representation of the Church of England and Roman Catholic dioceses and allows the Secretary of State to direct for example that other faiths should be represented. This regulation replicates for alternative arrangements paragraph 7 of Schedule 1 to the Local Government Act 2000 (which applies to executive arrangements). Regulation 9 provides for the representation of parent governors on education overview and scrutiny committees. Regulation 10 sets out the election procedures for election as a parent governor representative. Broadly any person who is a parent governor and is the parent of a child being educated by the authority can be elected. If the vacancy is to represent a particular type of school, only parent governors at the relevant type of school can be elected. Regulation 11 deals with the eligibility for voting in elections. In the majority of cases, any parent governor can vote, unless the vacancy is either for a parent governor representative to represent a particular type of school, and eligibility to vote is restricted to parent governors of the same type of school, or to represent a particular type of school only parent governors of the relevant type of school can be elected. Regulations 12 and 13 set out circumstances which may disqualify a person from being elected as, or continuing to act as a parent governor. Regulation 14 provides the term of office of a parent governor representative to be between two and four years, unless the office is vacated mid-term. Regulation 15 sets out what happens when the office is vacated, and, in particular, provides for the term of office of a representatives successor. Regulation 16 deals with the voting rights of a parent governor representative. Broadly he or she can vote on any matter relating to the authority's education functions. Regulation 17 is a transitional provision. It provides that an existing parent governor representative is automatically appointed to an education overview and scrutiny committee where his or her term of office has not ended. Notes: [1] 2000 c. 22.back [2] For the application of section 32 of the Local Government Act 2000 to Wales, see section 106 of that Act.back [3] 1972 c. 70.back [4] See, in particular section 31 (Alternative arrangements in case of certain authorities) and section 27(2) Referendum in case of proposals involving elected mayor).back [5] 1993 c. 28, to which there are amendments not relevant to these Regulations.back [6] Relevant amendments, in subsection (3) of section 32 and subsection (1)(a) of section 43, were made by paragraph 3(a), (d) and (c) of the Schedule to S.I. 1997/74.back [7] 1989 c. 42. Section 18 is amended by section 99(3) to (9) of the Local Government Act 2000.back [8] Section 173(4) was inserted by the Local Government and Housing Act 1989 (c. 42), Schedule 11 paragraph 26. A relevant saving was made by article 3(2) of the Local Government and Housing Act 1989 (Commencement No. 11 and Savings) Order 1991 (S.I. 1991/344).back [9] S.I. 1990/1553. This regulation was inserted by the Local Government (Committees and Political Groups) (Amendment) Regulations 1991 (S.I. 1998 No. 1398). Sub-paragraphs 16A(1)(b) and (2) were substituted and added by the Local Government (Committees and Political Groups) (Amendment) Regulations 1998 (S.I. 1998 No. 1918), regulation 4.back [10] S.I. 2000/2853.back [11] See section 111 of the Local Government Act 1972 (Subsidiary powers of local authorities).back [12] 1999 c. 27.back [13] 1989 c. 42.back [14] 1998 c. 31.back [15] See regulations 9 and 12 of, and Schedules 2, 4 and 5 to, the Education (School Government) (England) Regulations 1999 (S.I. 1999/2163).back [16] See regulations 13 and 20 of the Education (School Government) (Transition to New Framework) Regulations 1998 (S.I. 1998/2763).back [17] S.I. 1991/1494 was revoked by the Parent Governor Representatives (England) Regulations 2001. (S.I. 2001/478).back [18] See, the Local Government (Best Value) Performance Plans and Reviews Order 1999 (S.I. 1999/3251). Relevant guidance issued under section 6(4) of the Local Government Act 1999 may be found in Department of the Environment Transport and the Regions Circular 10/99.back [19] Paragraph 1A was inserted by the Children Act (Amendment) (Children's Services Planning) Order 1996 (S.I. 1996/785).back [20] Relevant amendments are made by the Planning and Compensation Act 1991 (c. 34), Schedule 4, paragraph 29.back ISBN 0 11 029221 9 -- Back --
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