Archived decisions

Contact: Kevin Gardner, Head of Legal Practice, ext 7381

1. Summary

The following decisions are sought:

1.1 That the changes in appointed representatives to Joint Committees set out in the Appendix to the report be confirmed.

1.2 That approval be given, further to Section 20 of the Local Government Act 2000, to the continuation of the joint arrangements for the discharge of functions established under Section 101 Local Government Act 1972, as set out in Part II of the Appendix to this report, with effect from the date the County Council began operating Executive arrangements.

2. Reason

Certain changes to the County Council's appointed representatives to Joint Committees exercising Executive arrangements are necessary in order to comply with the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000, as amended. In respect of the arrangements referred to in Part II of the Appendix, technically these ceased to have effect upon the County Council commencing operation of Executive arrangements, due to the provisions of the Local Authorities (Executive Arrangements) (Modification of Enactments and Further Provisions) (England) Order 2001. It is necessary therefore for the County Council's Executive to consider whether these arrangements should continue in effect further to the Council's new powers under Section 20 Local Government Act 2000. Approval has already been given, on 18^th October 2001, to the continuation of arrangements set out in Part I of the Appendix.

3. Other Options considered and rejected:

In respect of membership of the Joint Committees referred to, there is no real alternative to making the changes proposed, as this is necessary to comply with legislation. In respect of the continuation of arrangements in Part II of the Appendix, it should be noted that this question is only having to be considered at this stage as a result of the requirements of the current legislation. There is no reason for these not to be continued.

4. Conflicts of Interest declared by the decision maker or a member or officer consulted

- none

5. Dispensation granted by the Standards Committee - not applicable

6. Reason(s) for the matter being dealt with if urgent - not applicable

Approved by: Date:

Cllr T.K. Thornber C.B.E.

Section 100 D - Local Government Act 1972 - background papers.

The following documents disclose facts or matters on which this reports, 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 disclose exempt or confidential information as defined in the Act.

TITLE: LOCATION:

Existing Legal Agreements governing the Chief Executive's Department, arrangements referred to in the Appendix. The Castle, Winchester.

7. Background - Member Appointments

7.1 This report advises of some changes to Membership of Joint Committees that need to be made in order to comply with regulations under the Local Government Act 2000 ("the Act").

7.2 Under the Act, arrangements between local authorities for the joint discharge of executive functions must comply with the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000 ("the Regulations"). Certain amendments to the Regulations took effect earlier this year, introducing added flexibility in certain circumstances regarding Member appointment to Joint Committees. Subject to these, however, it is clear that, unless one of the specified exceptions applies, persons appointed to a Joint Committee exercising executive functions shall be members of the appointing authority's Executive.

7.3 The general principle underlying these provisions is consistent with the approach generally under the Act to new Constitutional arrangements, namely that where decisions are being taken on executive functions, it is the members of the authority's Executive who shall be accountable for those decisions.

7.4 Although the Regulations contain a number of exceptions, setting out circumstances where Councillors other than members of the Executive can serve on Joint Committees with executive functions, many of these are not relevant for our present purposes. The position as it affects the County Council can be summarised as follows:-

7.4.1 Where the Joint Committee has executive functions in respect of part only of the County Council's area, and the area of that part does not exceed two fifths of the County Council's administrative area or, alternatively, the population of that part, as estimated by the County Council, does not exceed two fifths of the total population of the County Council's administrative area, then the County Council may appoint to the Joint Committee any members of the County Council who have been elected for electoral divisions which are wholly or partly within that part of the County Council's area. Political balance requirements would not apply to the appointments.

7.4.2 Where the Joint Committee is established under arrangements made between the County Council and a single District Council for the discharge of executive functions, the representatives of the County Council may include any members of the County Council who have been elected for electoral divisions wholly or partly within the area of the District Council. Again, political balance requirements would not apply to those appointments.

7.5 The present position on County Council appointments to Joint Committees exercising executive functions within the Recreation and Heritage portfolio, is set out in the Appendix. Those situations where it would appear to be necessary to make a change to an appointment, in order to comply with the Regulations, are shown by underlining.

8. Background - Continuation of Joint Arrangements

8.1 The Joint Arrangements referred to in the Appendix have been entered into under Section 101 Local Government Act 1972. The Local Authorities (Executive Arrangements) (Modification of Enactments and Further Provisions) (England) Order 2001 made certain changes to Section 101 of the 1972 Act. The effect of these changes 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 Executive to consider whether the arrangements referred to should be continued, in the exercise of powers under Section 20 Local Government Act 2000.

8.2 Approval was given to the continuation of the arrangements set out in Part I of the Appendix on 18^th October 2001. At that stage, the Joint Arrangements referred to in Part II of the Appendix had not been identified as ones which were subject to the relevant change in legislation. However, it has since been clarified that these are similarly affected, and approval is sought to the continuation of these arrangements, backdated to take effect from the date the County Council commenced operation of executive arrangements.

9. Miscellaneous issues

9.1 Proposed revised arrangements in respect of the Sir George Staunton County Park Joint Management Committee will be the subject of a separate report.

9.2 In respect of the Pitt Street Regional Gymnastic Centre Joint Management Committee, and the Red House Museum, the Committee has functions outside of the administrative area of Hampshire, and there is therefore no "local" County Councillor for the area in question who could sit on the Committee in place of a member of the Executive. In these cases, discussions regarding the amendment of the relevant constitution are being pursued with the other parties concerned. Any proposed amendment will be reported back for approval at the relevant time.

9.3 Confirmation has been sought from the other parties to the various Joint Arrangements referred to, that they have similarly addressed the legislative requirements referred to in this report.