OpenLegislation

Paragraph 5 Local Government and Housing Act 1989I1

England and Wales

In section 13 of LGHA 1989 (voting rights of members of certain committees: England and Wales), before subsection (6) insert—

“(5B)

Nothing in this section prevents the appointment of any of the following as a voting member of a committee or sub-committee of a combined authority or combined county authority—

(a)

a person who is a member of a constituent council of that authority;

(b)

a person who is a non-constituent member of that authority, if that authority has resolved that that person is to be a voting member of that committee or sub-committee.

(5C)

In subsection (5B)—

  • “combined authority” has the same meaning as in section 21(1)(jb);

  • “combined county authority” has the same meaning as in section 21(1)(jba);

  • “constituent council” means—

    1. (a)

      in relation to a combined authority—

      1. (i)

        a county council the whole or any part of whose area is within the area of the authority, or

      2. (ii)

        a district council whose area is within the area of the authority;

    2. (b)

      in relation to a combined county authority—

      1. (i)

        a county council for an area within the area of the authority, or

      2. (ii)

        a unitary district council for an area within the area of the authority;

      and here “unitary district council” means a district council whose area does not form part of the area of a county council;

  • “non-constituent member” has the same meaning—

    1. (a)

      as in section 104A of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority;

    2. (b)

      as in section 11 of the Levelling-up and Regeneration Act 2023 in relation to a combined county authority;

  • “resolved” means—

    1. (a)

      in relation to a combined authority, resolved under section 104A(4) of the Local Democracy, Economic Development and Construction Act 2009;

    2. (b)

      in relation to a combined county authority, resolved under section 11(4) of the Levelling-up and Regeneration Act 2023.”

Annotations

Commencement

I1

Sch. 2 para. 5 in force at Royal Assent, see s. 108(1)(3)