Section 12 Conflict of interest in staff negotiations.C4 C1 C2 C3

England, Wales and Scotland

(1)

It shall be the duty of a local authority to secure that, so far as practicable, the interests of that authority in any negotiations with respect to the terms and conditions on which persons in local authority employment hold office or are employed are never represented, whether directly or indirectly by, or by persons who include—

(a)

a person who is both a member of the authority and in such employment; or

(b)

a person who is both a member of the authority and an official or employeeof a trade union whose members include persons in local authority employment.

(2)

In this section—

F1“local authority” includes a corporate joint committee;
F2 “member”, in relation to a trade union consisting wholly or partly of, or of representatives of, constituent or affiliated organisations, includes a member of any of its constituent or affiliated trade unions;
“official” and “trade union” have the same meanings as in M1F3the Trade Union and Labour Relations (Consolidation) Act 1992

and a person shall be treated for the purposes of this section as in local authority employment if he holds any paid office or employment under a local authority or any such paid office or employment under any other person as, by virtue of section 80(1)(a) F4or section 80C(1) of the M2Local Government Act 1972 or section 31(1)(a) of the M3Local Government (Scotland) Act 1973, disqualifies him for membership of any authority.

(3)

This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.

Annotations

Textual amendments

F1: Words in s. 12(2) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 38
F2: Definition of 'member' in s. 12(2) substituted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 39(2)
F3: Words in s. 12(2) substituted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 39(3)
F4: Words in s. 12(2) inserted (W.) (17.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 2 para. 5; S.I. 2021/1249, art. 2(b)

Marginal citations

M1: 1974 c.52.
M2: 1972 c. 70.
M3: 1973 c. 65.

Modifications

C1

S. 12 applied (S.) (temp. 6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. entry 11

S. 12 extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 13(8) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 12 applied (with modifications) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

C2

S. 12 applied (E.W.) (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 17(7)(e)

C3

S. 12 applied (E.W.) (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 17(7)

C4

Pt. I modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 5(4)

Notes on Part I

Modifications

C1

Pt. 1 (ss. 1-21) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

Pt. 1 (ss. 1-21): power conferred to make provisions about matters of the kind dealt with in this part (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (j)(i); S.I. 1997/1930, art. 2(1)(2)(m) (subject to art. 2(3))

Pt. 1 (ss. 1-21): extended (E.W.) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 23, 108(4), Sch. 1 para. 3(13); S.I. 2000/2849, art. 2(c)

C2