d. Committees

Section 101, Local Government Act 1972, permits a council to arrange for the discharge of its functions to a committee, a sub-committee or an officer.  Additionally, it may do so to another local authority. 

A committee system has several advantages and can improve the effectiveness and efficiency of a council. Committees can help spread workloads and, as they are more focussed, develop competence and expertise. Councillors’ knowledge and experience may be utilised to the benefit of the council, for example an HR practitioner might be an asset to a staffing committee.

The specific responsibilities of a committee are confirmed by its terms of reference, which should include whether they may perform functions and make decisions on the council’s behalf or are instead advisory only.  

Responsibility for matters delegated to a committee remain with the council. The council can still carry out the work, but will be subject to previous decisions made by the committee (or sub-committee).

Certain statutory functions cannot be delegated and must be discharged by the council itself. 

These include:-

• levying or issuing a precept 

• borrowing money

• approving annual accounts

• considering auditor's report made in the public interest

• resolving the Council meets eligibility criteria to use the general power of competence

• adopting or revising a Code of Conduct

   
Advisory committees do not make decisions relating to the statutory functions and powers of a council. Their role is to research or investigate, consider and report to the council.

A committee may appoint a sub-committee, comprising of members of the committee. A sub-committee cannot exceed the responsibilities conferred on it by the parent committee.

The Council must appoint the members of committees and set their term of office.  The council must also appoint the Chair of a standing committee, but other committees can be appointed by the committee at their first meeting.

Non-councillors may be appointed as members of a committee or sub-committee, other than one regulating and controlling the council’s finance.  Non-councillors will only have voting rights on advisory committees, or otherwise in four specific areas - management of land, harbours, tourism and festivals.

Under s.27, Localism Act 2011, non-councillors with voting rights are known as ‘co-opted members’ and are obliged to comply with Part 7 of the Act, which relates to standards. This means they will have to register interests and comply with the Council's Code of Conduct.

Unless the council determines otherwise, ALL of the members of an advisory committee, or sub-committee of an advisory committee, to be non-councillors.

While there is no legal reason why a committee cannot consist of each member of the Council, legal advice says that ‘there is no cogent argument’ for doing so and it is not recommended. 

 
See also SALC quick reference to committee requirements re public notice, minutes etc.

Working groups

Working groups/parties are legitimate to, say, undertake a piece of research or to plan an event. They cannot make decisions on behalf of the Council. 

If the purpose is to undertake a ‘function’ of the Council (such as planning, finance or management of resources), then they should be set up as committees, or sub-committees of a committee.  If given terms of reference by the Council, they will in reality be a committee or sub-committee.  

Chapter 6 of the NALC publication Local Councils Explained contains useful guidance on this subject area.