# The Local Authorities (Exemption from Political Restrictions) (Designation) Regulations 2012

S.I. 2012/1644 · made 25 June 2012

Section 3A of the Local Government and Housing Act 1989 provides for the head of paid service of a local authority in England which is a relevant authority (as defined in section 49(6) of the Local Government Act 2000) to grant exemptions, in certain circumstances, from the political restrictions imposed on certain posts by the 1989 Act. Section 3A(7B) gives the Secretary of State power by regulations to make provision about the application of the section to a local authority that is not required to designate one of its officers as the head of its paid service. These Regulations make that provision.

Made under: Local Government and Housing Act 1989 (Section 3A, Section 190)

PDFs: Printed copy https://openlegislation.uk/local-authorities-exemption-from-political-restrictions-designation-regulations-2012/pdf/uksi_20121644_en.pdf; Explanatory Memorandum https://openlegislation.uk/local-authorities-exemption-from-political-restrictions-designation-regulations-2012/pdf/uksiem_20121644_en.pdf

## Introductory text

Local Government, England
Made 25th June 2012
Laid before Parliament 28th June 2012
Coming into force 26th July 2012
The Secretary of State for Communities and Local Government, in exercise of the powers conferred by section 3A(7B) and (7C) and 190 of the Local Government and Housing Act 1989, makes the following Regulations:

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Local Authorities (Exemption from Political Restrictions) (Designation) Regulations 2012 and shall come into force on 26th July 2012.
(2) In these Regulations—
“the 1989 Act” means the Local Government and Housing Act 1989;
“head of staff” means the most senior employee of the local authority concerned.

## 2 Application of section 3A of the 1989 Act

Section 3A of the 1989 Act shall apply to the local authorities listed in the first column in the Schedule to these Regulations as if the references to the person designated under section 4 of the 1989 Act as head of paid service, were references to the person listed in the second column of that Schedule.

## Signature

Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
25th June 2012

## 

Local authority
Designated person
Transport for London
The person who is head of staff.
A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.
The person who is head of staff.
An authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities).
The person who is head of staff.
An authority established under section 10 of the Local Government Act 1985 (waste disposal authorities).
The person who is head of staff.
A joint authority established under Part 4 of the Local Government Act 1985 (fire services, civil defence or transport).
The person who is head of staff.
The London Fire and Emergency Planning Authority.
The person who is head of staff.
A body established pursuant to an order under section 67 of the Local Government Act 1985 (successors to residuary bodies).
The person who is head of staff.
The Broads Authority.
The Chief Officer appointed under paragraph 6 of Schedule 1 to the Norfolk and Suffolk Broads Act 1988
A Joint Board the constituent members of which consist of any of the bodies specified in paragraphs (a) to (k) of section 21(1) of the 1989 Act.
Any person who is head of paid service or head of staff of any of the constituent members of the Joint Board.

## Explanatory note

(This note is not part of the Regulations)
Section 3A of the Local Government and Housing Act 1989 provides for the head of paid service of a local authority in England which is a relevant authority (as defined in section 49(6) of the Local Government Act 2000) to grant exemptions, in certain circumstances, from the political restrictions imposed on certain posts by the 1989 Act. Section 3A(7B) gives the Secretary of State power by regulations to make provision about the application of the section to a local authority that is not required to designate one of its officers as the head of its paid service. These Regulations make that provision.
No impact assessment has been prepared in relation to these Regulations as they do not have an impact on business or charities.

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Source: https://www.legislation.gov.uk/uksi/2012/1644 (the official version)
Page: https://openlegislation.uk/local-authorities-exemption-from-political-restrictions-designation-regulations-2012
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.