Regulation 8 Application of local authority enactments to auditor panels: disqualificationI1

England and Wales

(1)

This regulation applies where a relevant authority to which this regulation applies has an auditor panel which is—

(a)

a panel appointed as an auditor panel by the authority,

(b)

a panel appointed as an auditor panel by the authority and one or more other relevant authorities, or

(c)

a committee of the authority.

(2)

Section 104(1) of the 1972 Act^f1 (disqualification for membership of committees) applies in relation to an auditor panel within paragraph (1)(a) or (c) as if a member of that panel other than an independent member were a member of a committee of the authority.

(3)

Section 104(1) of the 1972 Act applies in relation to an auditor panel within paragraph (1)(b) as if a member of that panel appointed by the authority other than as an independent member were a representative of the authority on a joint committee of the authority and another local authority within the meaning of that section.

(4)

The relevant authorities to which this regulation applies are—

(a)

county councils in England;

(b)

district councils;

(c)

London borough councils;

(d)

parish councils;

C1(e)

joint authorities under Part 4 of the Local Government Act 1985;

F1(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)

the London Waste and Recycling Board;

(h)

the Common Council;

(i)

the Council of the Isles of Scilly;

(j)

port health authorities in England;

(k)

the Broads Authority;

(l)

National Park authorities in England;

(m)

conservation boards;

(n)

joint waste authorities;

(o)

internal drainage boards in England;

(p)

economic prosperity boards; F2...

(q)

combined authorities F3, and

(r)

combined county authorities.

Annotations

Textual amendments

F1: Reg. 8(4)(f) omitted (1.4.2018) by virtue of The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018 (S.I. 2018/269), reg. 1(2), Sch. para. 17(2)
F2: Word in reg. 8(4) omitted (17.4.2024) by virtue of The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (England) Regulations 2024 (S.I. 2024/418), regs. 1(2), 3(2)(a)
F3: Reg. 8(4)(r) and word inserted (17.4.2024) by The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (England) Regulations 2024 (S.I. 2024/418), regs. 1(2), 3(2)(b)

Modifications

C1: Reg. 8(4)(e) modified (5.10.2026) by The Surrey (Structural Changes) (Pensions etc.) Order 2026 (S.I. 2026/1011), art. 1(2), Sch. para. 7(z) (with Sch. para. 10)

Commencement

I1: Reg. 8 in force at 1.4.2015, see reg. 1(1)

Footnotes

f1: Section 104 is applied, with modifications, by section 104(4) and (5) of the Local Government Act 1972; section 265A of that Act; the Environment Act 1995 (c.25), Schedule 7, paragraph 13(1) and S.I. 1978/1844.