Hampshire County Council

Executive Member - Recreation and Heritage

18 October, 2001

Joint Arrangements with other Local Authorities

Report of the Chief Executive

Contact: Kevin Gardner. Ext: 7381

1. Summary

It is recommended that approval is given to enter into agreements under Section 20 of the Local Government Act 2000 to continue the joint arrangements for the discharge of functions established under Section 101 of the Local Government Act 1972, as set out in the Appendix to this report.

2. Reason

Joint arrangements entered into further to Section 101 Local Government Act 1972 ceased to have effect upon the County Council commencing operation of executive arrangements, due to the effect of the Local Authorities (Executive Arrangements) (Modification of Enactment and Further Provisions) (England) Order 2001. It is necessary therefore for the County Council's executive to consider whether these arrangements should be continued.

3. Other Options Considered and Rejected

The joint arrangements referred to have provided a basis for the successful development of services in partnership with other local authorities. It is not considered that it would be in the interests of the service to allow the arrangements referred to to come to an end. It should be noted that the question of whether joint arrangements should continue or not is only being considered at this stage as a result of the requirements of the current legislation, that this issue be "re-visited" by an authority once executive arrangements are adopted.

4. Conflicts of Interest Declared by the Decision Maker or a Member or Officer Consulted

Not applicable.

5. Dispensation granted by the Standards Committee

Not applicable.

6. Reasons for the matter being dealt with if urgent

Not applicable.

Approved by:

Date:

Councillor J. Waddington

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1 Published works.

2 Documents which disclosure exempt or confidential information as defined in the Act.

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7. Background

7.1. In previous years, the County Council has entered into numerous arrangements with other local authorities for the joint exercise of functions. This has been particularly so in respect of the management of local museum services, where arrangements have been made between the County Council and local District Council. These arrangements have enabled the funds invested in the service by the Local Authorities concerned to be applied in a co-ordinated way, overseen by a joint management committee comprising representatives of each authority. The arrangements are underpinned by a legal agreement between the parties, the existence of which is a requirement of museum registration under the scheme administered by the Council for Museums, Libraries and Archives.

7.2. The joint arrangements referred to have been entered into under Section 101(5) Local Government Act 1972. The Local Authorities (Executive Arrangements) (Modification of Enactment and Further Provisions) (England) Order 2001 has made certain changes to Section 101 of the 1972 Act. The effect of this is that the joint arrangements referred to ceased to have effect upon the County Council commencing operation of executive arrangements. It is necessary therefore for the County Council's executives to consider whether the arrangements referred to should be continued.

7.3. Appendix A sets out the details of joint arrangements previously entered into. Both County Council and District Councils have statutory powers to provide museums and to make contributions towards expenses incurred by any person in providing or maintaining a museum. Whilst it would be possible for County and District Councils to exercise their powers separately, the exercise of these powers jointly enables the resources of both authorities to be combined to develop and maintain high quality services. It is not considered that it would be in the interest of these services to allow these arrangements to come to an end at this point.

8. Member Representation on Joint Committees

8.1. The arrangements referred to in Appendix A require the appointment of representatives to joint management committees. In this respect, some consideration needs to be given to Regulation 12 of the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000. The effect of this provision is that, where a joint management committee has functions in respect of part only of the County Council's area, political balance requirements do not apply, and the representatives shall be members elected for electoral divisions wholly or partly within that part of the Authority's area. Where a joint management committee had delegated responsibility for the management of a service in respect of that part of the County in which the particular facility was situated, the County Council's appointed representatives would need to be Councillors from that area.

8.2. However, it is considered more appropriate to see each over the jointly provided facilities as services provided, at the very least, for the people of Hampshire as a whole, as component parts of the Countywide Museums Service. In some cases, such as Milestones, the facility though provided in only part of Hampshire, is of regional significance. If this interpretation of the position is adopted, it is unnecessary to make changes to the list of appointed representatives to the Joint Management Committees.

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APPENDIX A

Joint Arrangements with other local authorities under S.101 Local Government Act 1972

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