PART VI

Committees and Joint Committees of Local Authorities

36. —In this Part, except where the context otherwise requires,

“local authority” does not include a committee or joint committee.

37. —(1) (a) A local authority may, if it considers it appropriate to do so, by resolution, establish—

(i) a committee to consider matters connected with the functions of the authority referred to it by the authority and to advise the authority on those matters, or

(ii) a committee to perform functions of the authority delegated to it under this section,

and references in this Part to a committee are, unless the context otherwise requires, references to a committee established under this paragraph.

(b) A local authority may establish more than one committee.

(c) A local authority shall not establish a committee to consider matters connected with, or to perform, the functions generally of the authority in respect of a particular local electoral area.

(2) (a) A local authority may, by resolution, delegate with or without restrictions to a committee established under subsection (1) (a) (ii) any of its functions that may be performed by resolution except the power to adopt the estimate of expenses of the authority or to make a rate or borrow money or any other prescribed functions.

(b) Without prejudice to any other relevant requirements, it shall be necessary for the passing of a resolution under paragraph (a) that the number of members of the local authority concerned voting in favour of the resolution exceeds one-half of the total number of members of the authority.

(3) A local authority may, by resolution, dissolve a committee established by it but the dissolution shall be without prejudice to anything previously done by the committee.

(4) Save as provided for by this section or section 18 or 38 or otherwise by law, it shall not be lawful for a local authority to establish a committee or to delegate any of its functions to a committee.

(5) Notwithstanding the repeal under section 4 or the cesser under section 40 of an enactment by or under which a committee of a local authority stood established immediately before such repeal or cesser, the committee shall continue to stand established after such repeal or cesser as if it was established under this section and this Part shall apply and have effect accordingly in relation to it.

38. —(1) Two or more local authorities may, if they consider it appropriate to do so, by resolution of each of the authorities, jointly establish—

(a) a joint committee of those authorities to consider matters connected with the functions of the authorities specified in the resolution and to advise the authorities on those matters,

(b) a joint committee of those authorities to perform functions of those authorities delegated to it by them under subsection (5),

and references in this Part to a joint committee are, unless the context otherwise requires, references to a joint committee established under this subsection.

(2) A local authority may join in the establishment of more than one joint committee.

(3) More than one joint committee may be established by the same local authorities.

(4) Where the resolutions under subsection (1) relating to a joint committee, with the consent of the Minister, so provide—

(a) the joint committee shall be a body corporate with perpetual succession and shall be known by such name as may be specified in the resolutions or determined by the joint committee,

(b) the joint committee may sue and be sued in its corporate name,

(c) the joint committee shall have power to acquire, hold and dispose of land or an interest in land,

(d) the joint committee shall have a common seal which shall be authenticated by the signature of the chairman, or some other member, of the joint committee authorised by the joint committee in that behalf or by the signature of an officer of the joint committee authorised by the joint committee in that behalf,

(e) judicial notice shall be taken of the seal of the joint committee and every document purporting to be an order or other instrument made by it and to be sealed with its seal (purporting to be authenticated in accordance with paragraph (d)) shall be received in evidence and be deemed to be that order or instrument without further proof unless the contrary is shown.

(5) (a) Subject to the provisions of this subsection, a local authority may, by resolution, with the consent of the other authorities concerned, delegate with or without restrictions to a joint committee established under subsection (1) (b) any of its functions that may be performed by resolution.

(b) Paragraph (a) does not apply to the powers of a local authority to adopt the estimate of expenses of the authority or to make a rate or any other prescribed functions.

(c) Without prejudice to any other relevant requirements, it shall be necessary for the passing of a resolution under paragraph (a) that the number of members of the local authority concerned voting in favour of the resolution exceeds one-half of the total number of the members of the authority.

(6) The Minister may direct a local authority to establish under subsection (1), upon and subject to such terms and conditions as may be specified in the direction, with such one or more other local authorities as may be specified in the direction a joint committee and to delegate to the committee, subject to such (if any) conditions or restrictions as may be specified in the direction, such of the functions of the authority as may be specified in the direction.

(7) A joint committee may be dissolved by resolution of any one of the local authorities by which it was established with (in the case of a joint committee established pursuant to a direction under subsection (6)) the consent of the Minister but the dissolution shall be without prejudice to anything previously done by the committee.

(8) (a) Notwithstanding the repeal under section 4 or the cesser under section 40 of an enactment by or under which a joint committee of a local authority stood established immediately before such repeal or cesser, the committee shall continue to stand established after such repeal or cesser and be deemed to have been established under this section and this Part shall apply and have effect accordingly in relation to it.

(b) Save as provided for by this section or otherwise by law, it shall not be lawful for local authorities to establish a joint committee or to delegate any of their functions to a joint committee.

(9) In this section “local authority” includes such other (if any) persons as may be prescribed.

39. —(1) (a) The members of a committee shall be appointed by resolution of the local authority by which it was established.

(b) A committee shall consist of such number of persons (not being less than 3) as the local authority by which it was established considers appropriate and may, subject to paragraphs (c) and (d), at the discretion of the local authority by which it was established, consist either wholly of persons who are members of that authority or partly of persons who are, and partly of persons who are not, such members.

(c) A person who is not a member of the local authority concerned shall not be appointed to be a member of a committee unless, in the opinion of the authority, he is a person having knowledge, qualifications or experience relevant to the functions of the committee.

(d) Not less than one-third of the persons appointed to be members of a committee shall be persons who are members of the local authority by which it was established.

(2) (a) The members of a joint committee shall be appointed by the local authorities by which it was established in the following manner, that is to say, each such authority shall appoint such number of persons to be members of the joint committee as may be agreed upon by those authorities.

(b) A joint committee shall consist of such number of persons (not being less than 6) as shall be agreed upon by the local authorities by which it was established and may, subject to paragraphs (c) and (d), at the discretion of those authorities, be composed either wholly of persons who are members of those authorities or partly of persons who are, and partly of persons who are not, such members.

(c) A person who is not a member of one of the local authorities concerned shall not be appointed to be a member of a joint committee unless, in the opinion of the authority by which he is so appointed, he possesses knowledge, qualifications or experience relevant to the functions of the joint committee.

(d) Not less than one-third of the persons appointed by any local authority to be members of a joint committee shall be persons who are members of that authority.

(3) A person who is a member of a committee or a joint committee shall not be entitled to vote in respect of the performance of a function of a local authority that has been delegated to the committee or joint committee unless he is a member of the local authority by which he was appointed to be a member of the committee or joint committee.

40. —(1) The Minister may make regulations—

(a) as respects the area of jurisdiction of a committee or joint committee,

(b) as respects the dissolution of a committee or joint committee,

(c) specifying conditions, restrictions or other provisions which shall apply in relation to the delegation of functions to, or the revocation of a delegation of functions to, a committee or joint committee,

(d) as respects the procedures, general administration and general finances of committees and joint committees,

(e) as respects such other matters relating to committees and joint committees as the Minister considers appropriate.

(2) Upon the commencement of this Part and of regulations under this section, the matters to which this Part relates and with respect to which the regulations were made shall, as respects any local authority concerned, be governed by the provisions of this Part and the regulations, and such previous provisions (whether made by or under statute) as may be specified in the regulations applying to that authority and relating to those matters shall cease to have effect as respects that authority.