Made | 1st April 2001 | ||
Coming into force | 2nd April 2001 |
1. | Citation, commencement and application |
2. | Interpretation |
3. | Alternative arrangements |
4. | Functions which are to be the responsibility of the authority itself |
5. | Local authority committees and sub-committees |
6. | Overview and scrutiny committees |
7. | Interpretation of Part II |
8. | Church representatives |
9. | Parent governor representatives |
10. | Election procedures |
11. | Eligibility to vote in elections |
12. | Qualifications for election as a parent governor representative |
13. | Disqualification from holding office as a parent governor representative |
14. | Term of office of parent governor representatives |
15. | Vacation of office by parent governor representatives |
16. | Voting rights of parent governor representatives |
17. | Transitional provision |
Alternative arrangements
3.
The arrangements set out in these Regulations are specified as alternative arrangements for the purposes of Part II of the 2000 Act[4].
Functions which are to be the responsibility of the authority itself
4.
- (1) Section 101 (arrangements for the discharge of functions by local authorities) of the 1972 Act shall not apply with respect to the discharge, by a local authority, of any function mentioned in paragraph (2), (3) or (4).
(2) The functions mentioned in this paragraph are;
(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.
(4) The functions mentioned in this paragraph are the functions of the determination of -
(b) the rates at which payments are to be made under section 174 (travelling and subsistence allowances) of that Act; and
(c) the amount of any allowance payable pursuant to a scheme under section 18 of the Local Government and Housing Act 1989, or the rates at which payments, by way of any such allowance are to be made.
(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).
(6) Paragraph (5) does not apply to any amendment, modification, variation or revocation which -
Local authority committees and sub-committees
5.
- (1) Subject to paragraph (3), where a local authority appoints a committee under section 102(1)(a) of the 1972 Act for the purpose of discharging any function in pursuance of arrangements made under section 101 of the 1972 Act, the number of members of that committee, who are members of the local authority, shall not exceed fifteen.
(2) Subject to paragraph (3), where a committee, appointed under section 102(1)(a) of the 1972 Act, appoints a sub-committee for the purpose of discharging any function in pursuance of arrangements made under section 101 of the 1972 Act, the number of members of that sub-committee, who are members of the local authority, shall not exceed ten.
(3) Paragraphs (1) and (2) shall not apply -
(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].
Overview and Scrutiny committees
6.
- (1) Alternative arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority, with the functions mentioned in paragraph (2), (referred to in these Regulations as overview and scrutiny committees).
(2) Alternative arrangements by a local authority must ensure their overview and scrutiny committee has power (or that their overview and scrutiny committees have power between them) -
(c) to make reports or recommendations to -
on matters which affect the authority's area or the inhabitants of that area.
(3) The power of an overview and scrutiny committee under paragraph (2)(a) to review or scrutinise a decision made but not yet implemented includes power -
(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.
(5) A local authority may arrange for the function of the conducting of a best value review under section 5 of the Local Government Act 1999 (best value reviews)[12] to be discharged by an overview and scrutiny committee.
(6) An overview and scrutiny committee of a local authority -
(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).
(8) Alternative arrangements by a local authority must include provision which enables -
(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.
(10) An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated;
(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.
(12) An overview and scrutiny committee of a local authority or a sub-committee of such a committee -
(13) It is the duty of any member or officer mentioned in paragraph (12)(a) to comply with any requirement so mentioned.
(14) A person is not obliged by paragraph (13) to answer any question which he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.
Church representatives
8.
- (1) In the case of a relevant local authority which maintain one or more Church of England schools, an education overview and scrutiny committee or sub-committee of an education overview and scrutiny committee must include at least one qualifying person.
(2) A person is a qualifying person for the purposes of paragraph (1) if he is nominated by the Diocesan Board of Education for any Church of England diocese which falls wholly or partly in the authority concerned's area.
(3) In the case of a relevant local authority which maintain one or more Roman Catholic Church schools, an education overview and scrutiny committee or sub-committee of an education overview and scrutiny committee must include at least one qualifying person.
(4) A person is a qualifying person for the purposes of paragraph (3) if he is nominated by the bishop of any Roman Catholic diocese which falls wholly or partly in the authority concerned's area.
(5) A member of an education overview and scrutiny committee or a sub-committee appointed by virtue of paragraph (1) or (3) is to be entitled to vote at a meeting of the committee or sub-committee on any question -
(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.
(7) Directions under paragraph (6) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
Parent governor representatives
9.
A relevant local authority shall appoint at least two but not more than five parent governor representatives, elected in accordance with regulations 10 to 13, to each of their education overview and scrutiny committees and sub-committees.
Election procedures for parent governor representatives
10.
- (1) A relevant local authority shall make all the necessary arrangements for, and determine all other matters relating to, the holding of an election of a parent governor representative but nothing in this regulation shall prevent the authority from appointing another body to conduct or oversee that election.
(2) A relevant local authority may make arrangements -
(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 -
(4) Any election of a parent governor representative which is contested shall be held by secret ballot.
(5) No ballot paper in such an election shall contain any indication of an affiliation with a political party.
(6) Where a vacancy for a parent governor representative arises, the relevant local authority shall -
(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.
(8) Nothing in these Regulations shall require a ballot to be held if the number of vacancies to be filled is equal to or exceeds the number of candidates for election.
Eligibility to vote in elections
11.
A person shall be eligible to vote in the election of a parent governor representative if at the date of the election he is a parent governor at a maintained school maintained by the relevant local authority, and either -
Qualifications for election as a parent governor representative
12.
- (1) Subject to paragraphs (2) and (4), a person shall, unless disqualified under any enactment, be qualified to be elected as a parent governor representative in an election held by a relevant local authority if on the date of the election -
(2) A person who is a member of a local authority shall be disqualified from being elected as a parent governor representative.
(3) A person who is a teacher at, or is otherwise employed in, a school maintained by the relevant local authority shall be disqualified from being elected as a parent governor representative.
(4) A person who is employed by the relevant local authority shall be disqualified from being elected as a parent governor representative.
(5) For the purposes of paragraph (2) "local authority" has the meaning given in section 48 of the 2000 Act.
Disqualification from holding office as a parent governor representative
13.
- (1) A parent governor representative who is qualified for election under these Regulations shall cease to be qualified to hold that office if -
(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.
(3) A parent governor representative shall cease to be qualified to hold that office if he takes up employment -
(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.
(5) A parent governor representative who has failed to attend the meetings of an education overview and scrutiny committee of which he is a member for a continuous period of six months beginning with the date of a meeting, shall, on the expiry of that period, cease to be qualified to hold that office.
(6) For the purposes of paragraph (5), a parent governor representative shall not be taken to have failed to attend a meeting of an education overview and scrutiny committee if he has tendered an apology for his absence and his apology has been accepted by the committee.
(7) For the purposes of paragraphs (2) and (4) "local authority" has the meaning given in section 48 of the 2000 Act.
Term of office of parent governor representatives
14.
The term of office of a parent governor representative on an education overview and scrutiny committee -
Vacation of office
15.
- (1) Where a parent governor representative completes his term of office or that office becomes vacant for any other reason, the relevant local authority shall ensure that an election is held to fill the vacancy and that the date of the election falls in time for the vacancy to be filled not later than six months after the date on which the vacancy occurred.
(2) Where a parent governor representative does not complete his term of office, the authority concerned may decide whether his successor should be appointed for a full term of office determined in accordance with regulation 14(b), for the unexpired portion of the previous term of office or for the aggregate of the unexpired portion of that term and a further full term, provided that such aggregate period does not exceed four years.
Voting rights of parent governor representatives
16.
A parent governor representative shall be entitled to vote at a meeting of an education overview and scrutiny committee of which he is a member on any question -
Transitional Provision
17.
In this regulation "a 1999 Representative" means a representative of parent governors -
(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.
(3) A 1999 Representative who is treated as having been appointed to an education overview and scrutiny committee in accordance with paragraph (2) shall continue in office until the expiry of his original term of office.
(4) Nothing in paragraph (3) shall prevent a 1999 Representative from being disqualified, by virtue of a provision of these Regulations, from continuing to hold office.
Signed by authority of the Secretary of State for the Environment Transport and the Regions
Hilary Armstrong
Minister of State, Department of the Environment, Transport and the Regions
1st April 2001
Plans and strategies | Reference |
(1) | (2) |
Annual Library Plan | Section 1(2) of the Public Libraries and Museums Act 1964 (c.75). |
Best Value Performance Plan | Section 6(1) of the Local Government Act 1999 (c. 27)[18]. |
Children's Services Plan | Paragraph 1A of Schedule 2 to the Children Act 1989 (c. 41)[19]. |
Community Care Plan | Section 46 of the National Health Service and Community Care Act 1990 (c. 19). |
Community Strategy | Section 4 of the Local Government Act 2000 (c. 22). |
Crime and Disorder Reduction Strategy | Sections 5 and 6 of the Crime and Disorder Act 1998 (c. 37). |
Education Development Plan | Section 6 of the School Standards and Framework Act 1998. |
Early Years Development Plan | Section 120 of the School Standards and Framework Act 1998. |
Local Transport Plan | Section 108(3) of the Transport Act 2000 (c. 38). |
Plans and alterations which together comprise the Development Plan |
(a) for Greater London and the metropolitan counties, section 27 of the Town and Country Planning Act 1990 (c. 8)[20]; (b) for districts outside Greater London and the Metropolitan counties, section 54 of that Act. |
Youth Justice Plan | Section 40 of the Crime and Disorder Act 1998 (c. 37). |
[2] For the application of section 32 of the Local Government Act 2000 to Wales, see section 106 of that Act.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
[11] See section 111 of the Local Government Act 1972 (Subsidiary powers of local authorities).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