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—
- (a)
in relation to a combined authority—
- (i)
a county council the whole or any part of whose area is within the area of the authority, or
- (ii)
a district council whose area is within the area of the authority;
- (b)
in relation to a combined county authority—
- (i)
a county council for an area within the area of the authority, or
- (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—
- (a)
as in section 104A of the Local Democracy, Economic Development and Construction Act 2009 in relation to a combined authority;
- (b)
as in section 11 of the Levelling-up and Regeneration Act 2023 in relation to a combined county authority;
“resolved” means—
- (a)
in relation to a combined authority, resolved under section 104A(4) of the Local Democracy, Economic Development and Construction Act 2009;
- (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)