LOCAL GOVERNMENT, ENGLAND AND WALES Citation, commencement and application 1 1 These Regulations may be cited as the Relevant Authorities (Standards Committee) (Dispensations) Regulations 2002 and shall come into force on 18th March 2002. 2 These Regulations apply in relation to standards committees of relevant authorities in England , and police authorities in Wales , and references to “authority” shall be construed accordingly. Interpretation 2 In these Regulations— “ the Act ” means the Local Government Act 2000; “dispensation” shall be construed in accordance with section 81(4) of the Act ; “mandatory provisions” means the mandatory provisions of a model code of conduct which for the time being applies to the authority ; and “member” means a member or co-opted member of an authority. Circumstances in which dispensations may be granted 3 1 The authority’s standards committee may, subject to paragraph (2) below, grant a dispensation to a member in the following circumstances— a the transaction of business of the authority would, on each occasion on which the dispensation would apply, otherwise be impeded by, or as a result of, the mandatory provisions because— i the number of members of the authority that are prohibited from participating in the business of the authority exceeds 50% of those members that are entitled or required to so participate; or ii the authority is not able to comply with any duty which applies to it under section 15(4) of the Local Government and Housing Act 1989 ; b the member has submitted to the standards committee a written request for a dispensation explaining why it is desirable; and c the standards committee concludes that having regard to the matters mentioned in paragraph (a) above, the content of the application made pursuant to paragraph (b) above, and to all the other circumstances of the case, it is appropriate to grant the dispensation. 2 Nothing in sub-paragraph (1) above shall permit a dispensation to be granted— a in respect of participation in business of the authority conducted more than four years after the date on which the dispensation is granted; or b where the effect of the mandatory provisions from which a dispensation is sought is that— i a member is prohibited from participating in the consideration of a matter at a meeting of an overview and scrutiny committee of the authority, or sub-committee of that committee, where that consideration relates to any decision made or action taken by any other of the authority’s committees, sub-committees, joint committees, or joint sub-committees of which he may also be a member; or ii a member of the authority’s executive is prohibited from exercising functions which are the responsibility of the executive of the authority and which would otherwise be discharged by him solely. Records of dispensations 4 The authority’s standards committee must ensure that— a the existence, duration and nature of any dispensation is recorded in writing; and b that such record is kept with the register of interests established and maintained under section 81(1) of the Act. Signed by authority of the Secretary of State for Transport, Local Government and the Regions Alan Whitehead Parliamentary Under Secretary of State, Department for Transport, Local Government and the Regions 18th February 2002