{
  "url": "https://openlegislation.uk/local-government-structural-changes-transitional-arrangements-no2-regulations-2008/regulation-16",
  "json_url": "https://openlegislation.uk/local-government-structural-changes-transitional-arrangements-no2-regulations-2008/regulation-16.json",
  "legislation": "uksi/2008/2867",
  "legislation_title": "The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/local-government-structural-changes-transitional-arrangements-no2-regulations-2008",
  "path": "regulation/16",
  "kind": "regulation",
  "number": "16",
  "heading": "Temporary co-opted membership of committees discharging licensing or planning functions",
  "text": "(1) Subject to paragraph (6), where the Implementation Executive of a 2009-electing council so resolves, a person specified in the resolution who—\n(a) immediately before the passing of the resolution is a member of the Implementation Executive; and\n(b) is not a member of the related preparing council,\nshall, for the duration of the pre-election period, be a co-opted member of such one or more relevant committees of the 2009-electing council as the Implementation Executive shall specify in the resolution.\n(2) Subject to paragraph (6), where the Implementation Executive of a preparing council which on the reorganisation date will be a 2009-electing council so resolves before the reorganisation date—\n(a) a member of the Implementation Executive specified in the resolution who, immediately before the passing of the resolution, is not a member of the related preparing council; or\n(b) a person specified in the resolution who is a member for the time being of a committee referred to in paragraph (3),\nshall, for the duration of the pre-election period, be a co-opted member of such one or more relevant committees as exercise licensing functions as the Implementation Executive shall specify in the resolution.\n(3) The committee mentioned in paragraph (2) is a committee that discharges licensing functions of a predecessor council that is related to the preparing council concerned.\n(4) Subject to paragraph (6), where the Implementation Executive of a preparing council which on the reorganisation date will be a 2009-electing council so resolves before the reorganisation date—\n(a) a member of the Implementation Executive specified in the resolution who, immediately before the passing of the resolution, is not a member of the related preparing council; or\n(b) a person specified in the resolution who is a member for the time being of a committee referred to in paragraph (5),\nshall, for the duration of the pre-election period, be a co-opted member of such one or more relevant committees as exercise planning functions as the Implementation Executive shall specify in the resolution.\n(5) The committee mentioned in paragraph (4) is a committee that discharges planning functions of a predecessor council that is related to the preparing council concerned.\n(6) Paragraphs (1), (2) and (4) do not apply where the preparing council is a district council.\n(7) For the purposes of paragraphs (1), (2) and (4) it is immaterial that a person, who before the reorganisation date is a member of a predecessor council, ceases on that date to be a member of it.\n(8) Section 102(2) of the 1972 Act shall not apply in relation to a person who is a co-opted member of a relevant committee of a description specified in paragraph (b) or (c) of the definition of “relevant committee”; and the term of office of any such person shall be the pre-election period.\n(9) Subsection (1) of section 13 of the 1989 Act (voting rights of members of certain committees: England and Wales), shall not apply to a person who is a co-opted member of a relevant committee by virtue of a resolution under paragraph (2) or (4).\n(10) Nothing in paragraph (1), (2), (4) or (8) shall prevent the Implementation Executive of a 2009-electing council from resolving on or after the reorganisation date—\n(a) that a person in respect of whom a resolution had been passed under this regulation before that date should from such date as may be specified in the resolution cease to be a co-opted member of a relevant committee; or\n(b) that a member of the Implementation Executive who was not a member of the 2009-electing council’s related preparing council should be a co-opted member of a relevant committee.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 16 in force at 28.11.2008, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/2867/regulation/16",
    "retrieved_at": "2026-10-29T03:22:21.760937+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}