Section 37 Local authority constitution.I1

England and Wales

(1)

A local authority which are operating executive arrangements or alternative arrangements must prepare and keep up to date a document (referred to in this section as their constitution) which contains—

(a)

such information as the F1Welsh Ministers may direct,

(b)

a copy of the authority’s standing orders for the time being,

(c)

a copy of the authority’s code of conduct for the time being under section 51, and

(d)

such other information (if any) as the authority consider appropriate.

F2(1A)

A local authority must prepare and keep up to date a document (referred to in this section as their constitution guide) which explains, in ordinary language, the content of their constitution.

(2)

A local authority must F3—

(a)

publish their constitution and their constitution guide electronically and in such other manner as they consider appropriate, and

F4(b)

ensure that copies of their constitution F5and their constitution guide are available at their principal office for inspection by members of the public at all reasonable hours.

(3)

A local authority must supply a copy of their constitution F6or, as the case may be, their constitution guide to any person F7on request, either free of charge or at a charge representing no more than the cost of providing the copy.

F8(4)

In relation to an authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1)(c) to the authority's code of conduct for the time being under section 51 is to the mandatory provisions which for the time being apply to the members and co-opted members of the authority.

F9(5)

This section applies to a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 as it applies to a local authority which are operating executive arrangements and in that application—

(a)

references to a “local authority” or “authority” are to be read as references to a corporate joint committee;

(b)

subsection (2) is to be treated as if it were omitted;

(c)

the references in subsection (4) to “members and co-opted members” are to be read as references to members of a corporate joint committee.

Annotations

Textual amendments

F1: Words in s. 37(1)(a) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 54; S.I. 2012/1008, art. 4(b)
F2: S. 37(1A) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 45(2), 175(7); S.I. 2021/231, art. 6(e)
F3: S. 37(2)(a) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 45(3)(a), 175(7); S.I. 2021/231, art. 6(e)
F4: Words in s. 37(2) renumbered as s. 37(2)(b) (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 45(3)(a), 175(7); S.I. 2021/231, art. 6(e)
F5: Words in s. 37(2)(b) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 45(3)(b), 175(7); S.I. 2021/231, art. 6(e)
F6: Words in s. 37(3) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 45(4)(a), 175(7); S.I. 2021/231, art. 6(e)
F7: Words in s. 37(3) substituted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 45(4)(b), 175(7); S.I. 2021/231, art. 6(e)
F8: S. 37(4) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 184(1), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(i)
F9: S. 37(5) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 44

Commencement

I1: S. 37 wholly in force at 28.7.2001; s. 37 not in force at Royal Assent see s. 108; s. 37 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 37 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 37(1)(a) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 37 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Notes on Part II

Textual amendments

F1: Words in Pt. II heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 9; S.I. 2012/1008, art. 4(b)

Modifications

C1: Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)
C2: Pt. II extended (1.9.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), ss. 183(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II
C3: Pt. II modified (21.6.2004) by Isles of Scilly (Functions) (Review and Scrutiny of Health Services) Order 2004 (S.I. 2004/1412), arts. 1, 2
C4: Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)
C5: Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)
C6: Pt. II modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 10