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Regulation 2 Amendments relating to recording votes for budget meetings

Original text. Later amendments are not shown.

(1)

The 2001 Regulations are amended as follows—

(2)

In regulation 4f1 (alternative arrangements – standing orders relating to staff)—

(a)

for the heading substitute “Committee system – standing orders relating to staff, proceedings and business”;

(b)

after paragraph (a) insert—

“(aa)

incorporate in standing orders the provisions set out in Part 3 of Schedule 2 or provisions to the like effect;”;

(c)

in paragraph (b) after “(a)” insert “or (aa)”.

(3)

In Schedule 2 (provisions to be incorporated in standing orders regulating proceedings and business)—

(a)

after paragraph 14 of Part 1 insert—

“15.

Immediately after any vote is taken at a budget decision meeting of an authority there must be recorded in the minutes of the proceedings of that meeting the names of the persons who cast a vote for the decision or against the decision or who abstained from voting.

16.

In paragraph 15—

(a)

“budget decision meeting” means a meeting of the relevant body at which it—

(i)

makes a calculation (whether originally or by way of substitute) in accordance with any of sections 31A, 31B, 34 to 36A, 42A, 42B, 45 to 49, 52ZF, 52ZJ of the Local Government Finance Act 1992f2; or

(ii)

issues a precept under Chapter 4 of Part 1 of that Act,

and includes a meeting where making the calculation or issuing the precept as the case may be was included as an item of business on the agenda for that meeting;

(b)

references to a vote are references to a vote on any decision related to the making of the calculation or the issuing of the precept as the case may be.”;

(b)

after paragraph 10 of Part 2 insert—

“11.

Immediately after any vote is taken at a budget decision meeting of an authority there must be recorded in the minutes of the proceedings of that meeting the names of the persons who cast a vote for the decision or against the decision or who abstained from voting.

12.

In paragraph 11—

(a)

“budget decision” means a meeting of the relevant body at which it—

(i)

makes a calculation (whether originally or by way of substitute) in accordance with any of sections 31A, 31B, 34 to 36A, 42A, 42B, 45 to 49, 52ZF, 52ZJ of the Local Government Finance Act 1992f3; or

(ii)

issues a precept under Chapter 4 of Part 1 of that Act,

and includes a meeting where making the calculation or issuing the precept as the case may be was included as an item of business on the agenda for that meeting;

(b)

references to a vote are references to a vote on any decision related to the making of the calculation or the issuing of the precept as the case may be.”;

(c)

after Part 2 insert—

“PART 3

Authority operating committee system

1.

Immediately after any vote is taken at a budget decision meeting of an authority there must be recorded in the minutes of the proceedings of that meeting the names of the persons who cast a vote for the decision or against the decision or who abstained from voting.

2.

In paragraph 1—

(a)

“budget decision” means a meeting of the authority at which it—

(i)

makes a calculation (whether originally or by way of substitute) in accordance with any of sections 31A, 31B, 34 to 36A, 42A, 42B, 45 to 49, 52ZF, 52ZJ of the Local Government Finance Act 1992f4; or

(ii)

issues a precept under Chapter 4 of Part 1 of that Act,

and includes a meeting where making the calculation or issuing the precept as the case may be was included as an item of business on the agenda for that meeting;

(b)

references to a vote are references to a vote on any decision related to the making of the calculation or the issuing of the precept as the case may be.”.

Annotations

Footnotes

f1

See regulation 3(4) of these Regulations for a further amendment to regulation 4 of the 2001 Regulations.

f2

1992 c. 14. Relevant amendments were made by the Localism Act 2011 (c. 20), sections 72, 74, 75 and 79 and Schedules 6 and 7.

f3

1992 c. 14. Relevant amendments were made by the Localism Act 2011 (c. 20), sections 72, 74, 75 and 79 and Schedules 6 and 7.

f4

1992 c. 14. Relevant amendments were made by the Localism Act 2011 (c. 20), sections 72, 74, 75 and 79 and Schedules 6 and 7.