Localism Bill (HL Bill 71)

Elected mayors etc

9H Elected mayors etc

(1) In this Part “elected mayor”, in relation to a local authority, means an
individual elected as mayor of the authority by the local government
5electors for the authority’s area in accordance with the provisions
made by or under this Part.

(2) An elected mayor is to be entitled to the style of “mayor”.

(3) A reference in any enactment (whenever passed or made) to—

(a) a member of a local authority, or

(b) 10a councillor of a local authority,

does not include a reference to an elected mayor of the authority.

(4) But subsection (3) is subject to—

(a) regulations made by the Secretary of State under this
paragraph which provide that an elected mayor is to be
15treated as a member or councillor of a local authority for the
purposes of an enactment (whenever passed or made), and

(b) any other contrary intention that appears in any enactment
(whenever passed or made).

(5) Section 2(2A) of, and paragraph 5C(1) of Schedule 2 to, the Local
20Government Act 1972 are not to be taken to indicate any contrary
intention for the purposes of subsection (4)(b).

(6) Elections for the return of an elected mayor are to take place on the
ordinary day of election in each of the relevant election years.

(7) The term of office of an elected mayor of a local authority is to be four
25years.

(8) This section is subject to regulations under section 9HK or 9HN.

9HA Mayoral management arrangements: mayor to be chief executive
officer etc

(1) An elected mayor of a local authority may propose to the authority—

(a) 30that the authority should make the arrangements specified in
subsection (2), and

(b) that the mayor should be able to issue reports under this
section setting out the mayor’s plans in respect of one or
more of the matters in subsection (3).

(2) 35The arrangements are—

(a) that the elected mayor is the most senior officer of the local
authority,

(b) that the authority’s head of paid service reports to the elected
mayor, and

(c) 40that the elected mayor holds office on such reasonable terms
and conditions, including conditions as to remuneration, as
the local authority thinks fit.

(3) The matters are—

(a) the manner in which the discharge by the local authority of
45its different functions is co-ordinated,

(b) the number and grades of staff required by the authority for
the discharge of its functions,

(c) the organisation of the authority’s staff, and

(d) the appointment and proper management of the authority’s
5staff.

(4) An elected mayor is not an employee of a local authority, regardless
of any terms and conditions upon which the mayor may be an officer
of the authority under arrangements of the kind mentioned in
section 9HA(2)(c).

(5) 10In this Part “head of paid service” means a person designated as a
head of paid service under section 4 of the Local Government and
Housing Act 1989.

9HB Mayoral management arrangements: adoption of mayor’s proposal etc

(1) If a local authority receives a proposal from its elected mayor under
15section 9HA(1), the proposal must be considered at a meeting of the
authority.

(2) Unless the authority passes a resolution at the meeting that the
mayor’s proposal should not be adopted by a two thirds majority of
the members of the authority present at the meeting and voting—

(a) 20the arrangements specified in section 9HA(2) must be made,
and

(b) the mayor may issue reports under section 9HA in relation to
the matters mentioned in subsection (3) of that section that
are specified in the proposal.

(3) 25A local authority must set out all of the arrangements that it makes
by virtue of this section in its standing orders.

(4) Section 101 of the Local Government Act 1972 (arrangements for
discharge of functions by local authorities) does not apply to the
function of considering a proposal under subsection (1).

9HC 30Mayoral management arrangements: duty of certain authorities to
adopt etc

(1) This section applies in relation to a local authority—

(a) that is operating a mayor and cabinet executive as the result
of a referendum held by virtue of an order under section 9N,

(b) 35that has not already made the arrangements specified in
section 9HA(2), and

(c) whose elected mayor may not issue reports under section
9HA.

(2) The elected mayor must, by notice to the local authority, specify the
40matters in section 9HA(3) in relation to which the mayor is to be able
to issue reports under that section setting out the mayor’s plans.

(3) The authority must then make the arrangements specified in section
9HA(2)—

(a) within a reasonable period after the first election for the
45return of an elected mayor that takes place after the
referendum, and

(b) in any event, within the first term of office of the mayor
elected at that election.

(4) From the time the arrangements specified in section 9HA(2) are
made, the elected mayor may issue reports under that section setting
5out the mayor’s plans in relation to the matters specified in the notice
under subsection (2) of this section.

(5) A local authority must set out all of the arrangements that it makes
by virtue of this section in its standing orders.

9HD Further provision relating to reports under section 9HA

(1) 10If an elected mayor issues a report under section 9HA, the elected
mayor must, as soon as practicable, arrange for a copy of it to be sent
to each member of the local authority.

(2) The local authority must consider a report of the elected mayor
issued under section 9HA at a meeting held not more than three
15months after copies of it have been sent to all the members of the
authority.

(3) The head of paid service of a local authority operating a mayor and
cabinet executive may issue reports setting out the head of paid
service’s suggestions in respect of any of the matters set out in
20section 9HA(3) in relation to which the authority’s elected mayor is
not able to issue reports under that section.

(4) If a local authority’s head of paid service issues a report under
subsection (3), subsections (1) and (2) apply in relation to that report
as if references in those subsections to the elected mayor were
25references to the head of paid service.

(5) Section 101 of the Local Government Act 1972 (arrangements for
discharge of functions by local authorities) does not apply to the
function of considering a report under subsection (2).

9HE Mayoral management arrangements: advice etc for members

(1) 30This section applies when a local authority makes the arrangements
mentioned in section 9HA(2).

(2) The local authority must designate one of its officers to provide
guidance and support to members of the authority.

(3) A local authority may not designate its elected mayor under this
35section.

(4) A local authority must provide the officer designated under this
section with such staff, accommodation and other resources as are, in
the officer’s opinion, sufficient to allow the officer to perform the
function in subsection (2) adequately.

9HF 40Power to transfer functions relating to public services to elected
mayors

(1) The Secretary of State may by order make provision—

(a) enabling or requiring a specified local authority operating a
mayor and cabinet executive to confer a local public service
45function of any person or body on its elected mayor;

(b) in relation to a specified local authority operating a mayor
and cabinet executive, transferring a local public service
function from any person or body to the authority’s elected
mayor;

(c) 5about the discharge of local public service functions that are
conferred on, or transferred to, elected mayors by virtue of
this section (including provision enabling the discharge of
those functions to be delegated).

(2) An order under this section may modify any enactment (whenever
10passed or made) for the purpose of making the provision mentioned
in subsection (1).

(3) The power to modify an enactment in subsection (2) is a power—

(a) to apply that enactment with or without modifications,

(b) to extend, disapply or amend that enactment, or

(c) 15to repeal or revoke that enactment with or without savings.

(4) An order under this section may disapply, or modify the application
of, Chapter 4 in relation to a local authority by whose elected mayor
a function is made exercisable by virtue of the order.

(5) An order under this section may make provision for and in
20connection with the transfer of property, rights and liabilities from
the person who, or body which, would have a local public service
function but for the order (“the transferor”) to the local authority by
whose elected mayor the function is made exercisable by virtue of
the order.

(6) 25The things that may be transferred by virtue of provision made
under subsection (5) include—

(a) property, rights and liabilities that could not otherwise be
transferred;

(b) property acquired, and rights and liabilities arising, after the
30making of the order.

(7) Provision which may be made under subsection (5) includes, in
particular, provision—

(a) for the creation of rights, or the imposition of liabilities, in
relation to property or rights transferred;

(b) 35about the continuing effect of things done by the transferor in
respect of anything transferred;

(c) about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or
in relation to the transferor in respect of anything transferred;

(d) 40for references to the transferor in an instrument or other
document relating to anything transferred to be treated as
references to the local authority;

(e) for the shared ownership or use of property;

(f) that has the same or similar effect to the TUPE regulations (so
45far as those regulations do not apply in relation to the
transfer);

(g) for the transferor and local authority to be able to modify
other provision made in relation to the transfer by agreement;

(h) for any modifications under paragraph (g) to have effect from
the date when the transfer had effect under the order.

(8) For the purposes of this section—

(a) an individual who holds employment in the civil service is to
5be treated as employed by virtue of a contract of
employment, and

(b) the terms of the individual’s employment in the civil service
are to be regarded as constituting the terms of the contract of
employment.

(9) 10In this section—

• “civil service” means the civil service of the State;

• “local public service function”, in relation to a local authority,
  means a function of a public nature in so far as it relates to the
  provision of a public service—

  (a)

  15in the local authority’s area, or

  (b)

  to the inhabitants of that area;

• “public service” means a service provided to the public or a
  section of the public, whether on payment or not, that—

  (a)

  is provided in the exercise of functions of a public
  20nature or under statutory authority, or

  (b)

  is wholly or partly funded by grants, subsidies or
  other financial assistance from central or local
  government funds;

• “service” includes the provision of goods or facilities of any
  25description;

• “specified” means specified or described in an order made by
  the Secretary of State under this section;

• “TUPE regulations” means the Transfer of Undertakings
  (Protection of Employment) Regulations 2006 (SI 2006/246SI 2006/246);

• 30references to rights and liabilities include rights and liabilities
  relating to a contract of employment;

• references to the transfer of property include the grant of a
  lease.

9HG Secretary of State to consider certain proposals as to the exercise of
35powers under section 9HF

(1) If the Secretary of State receives a relevant proposal from an elected
mayor, the Secretary of State must—

(a) consider the proposal, and

(b) notify the elected mayor of what action, if any, the Secretary
40of State is to take in relation to the proposal.

(2) For the purposes of subsection (1) a “relevant proposal” is a
proposal—

(a) as to how the Secretary of State should exercise the powers in
section 9HF in relation to the local authority for which the
45person making the proposal is the elected mayor,

(b) that is made within the period of one year beginning with
date of the election at which that person was returned as the
elected mayor, and

(c) that is accompanied by such information and evidence as the
Secretary of State may specify in regulations made under this
section.

9HH Power to amend enactments for the purpose of enabling head of paid
5service functions to be conferred on elected mayors

(1) The Secretary of State may by order amend any enactment passed or
made before this section comes into force, for the purposes specified
in subsection (2).

(2) The purposes are—

(a) 10to make provision enabling relevant local authorities to
confer by resolution a head of paid service function on their
elected mayor, and

(b) to make provision about the discharge of a function that has
been so conferred (including provision enabling the
15discharge of the function to be delegated).

(3) In this section—

• “confer”, in relation to a head of paid service function, means to
  make the function exercisable by the elected mayor rather
  than the authority’s head of paid service;

• 20“head of paid service function” means a function that is
  exercisable by the authority’s head of paid service (whether
  or not it is also exercisable by any other person);

• “relevant local authority” means a local authority that has made
  the arrangements specified in section 9HA(2) (mayoral
  25management arrangements: mayor to be chief executive etc).

9HI Mayoral management arrangements: failing councils

(1) This section applies to a local authority—

(a) that operates a mayor and cabinet executive, and

(b) in relation to which a direction of the Secretary of State under
30section 15(6) of the Local Government Act 1999 has effect
(direction that Secretary of State is to exercise specified
function of authority that fails to comply with the
requirements of Part 1 of that Act on best value etc).

(2) In the case of an authority that has made the arrangements specified
35in subsection (2) of section 9HA, the authority may not continue to
operate the arrangements specified in paragraphs (a) and (b) of that
subsection without the consent of the Secretary of State.

(3) If the Secretary of State refuses to give consent under subsection (2)
in relation to an arrangement, the Secretary of State may by direction
40require the authority to make such alternative arrangements as the
Secretary of State considers appropriate.

(4) In the case of an authority that has not made the arrangements in
subsection (2) of section 9HA, the authority may not make any of the
arrangements in that subsection without the consent of the Secretary
45of State.

9HJ Election as elected mayor and councillor

(1) If the person who is returned at an election as the elected mayor of a
local authority is also returned at an election held at the same time as
a councillor of the authority, a vacancy arises in the office of
5councillor.

(2) If the person who is returned at an election (“the mayoral election”)
as the elected mayor of a local authority—

(a) is a councillor of the authority, and

(b) was returned as such a councillor at an election held at an
10earlier time than the mayoral election,

a vacancy shall arise in the office of councillor.

(3) Subject to subsection (4), a person who is the elected mayor of a local
authority may not be a candidate in an election for the return of a
councillor or councillors of the authority.

(4) 15A person who is the elected mayor of a local authority may be a
candidate in an election for the return of a councillor or councillors
of the authority if the election is held at the same time as an election
for the return of the elected mayor of the authority, but subsection (1)
applies if the person is a candidate in both such elections and is
20returned both as the elected mayor and as a councillor.

9HK Time of elections etc

The Secretary of State may by regulations make provision—

(a) as to the dates on which and years in which elections for the
return of elected mayors may or must take place,

(b) 25as to the intervals between elections for the return of elected
mayors,

(c) as to the term of office of elected mayors, and

(d) as to the filling of vacancies in the office of elected mayor.

9HL Voting at elections of elected mayors

(1) 30Each person entitled to vote as an elector at an election for the return
of an elected mayor is to have the following vote or votes—

(a) one vote (referred to in this Part as a first preference vote)
which may be given for the voter’s first preference from
among the candidates to be the elected mayor, and

(b) 35if there are three or more candidates to be the elected mayor,
one vote (referred to in this Part as a second preference vote)
which may be given for the voter’s second preference from
among those candidates

(2) The elected mayor is to be returned under the simple majority
40system, unless there are three or more candidates.

(3) If there are three or more candidates to be the elected mayor, the
elected mayor is to be returned under the supplementary vote
system in accordance with Schedule 2.

9HM Entitlement to vote

(1) 45The persons entitled to vote as electors at an election for the return of
an elected mayor are those who on the day of the poll—

(a) would be entitled to vote as electors at an election of
councillors for an electoral area which is situated within the
area of the local authority concerned, and

(b) are registered in the register of local government electors at
5an address within the authority’s area.

(2) A person is not entitled as an elector to cast more than one first
preference vote, or more than one second preference vote, at an
election for the return of an elected mayor.

9HN Power to make provision about elections

(1) 10The Secretary of State may by regulations make provision as to—

(a) the conduct of elections for the return of elected mayors, and

(b) the questioning of elections for the return of elected mayors
and the consequences of irregularities.

(2) Regulations made under subsection (1)(a) may, in particular, include
15provision—

(a) about the registration of electors,

(b) for disregarding alterations in a register of electors,

(c) about the limitation of election expenses (and the creation of
criminal offences in connection with the limitation of such
20expenses), and

(d) for the combination of polls at elections for the return of
elected mayors and other elections.

(3) Regulations under this section may—

(a) apply or incorporate, with or without modifications or
25exceptions, any provision of, or made under, the
Representation of the People Acts or any provision of any
other enactment (whenever passed or made) relating to
parliamentary elections or local government elections,

(b) modify any form contained in, or in regulations or rules
30made under, the Representation of the People Acts so far as
may be necessary to enable it to be used both for the original
purpose and in relation to elections for the return of elected
mayors, and

(c) so far as may be necessary in consequence of any provision
35made by or under this Part or any regulations under this
section, amend any provision of any enactment (whenever
passed or made) relating to the registration of parliamentary
electors or local government electors.

(4) Before making any regulations under this section, the Secretary of
40State must consult the Electoral Commission.

(5) In addition, the power of the Secretary of State to make regulations
under this section so far as relating to matters mentioned in
subsection (2)(c) is exercisable only on, and in accordance with, a
recommendation of the Electoral Commission, except where the
45Secretary of State considers that it is expedient to exercise that power
in consequence of changes in the value of money.

(6) No return of an elected mayor at an election is to be questioned
except by an election petition under the provisions of Part 3 of the

Representation of the People Act 1983 as applied by or incorporated
in regulations under this section.

9HO Elected mayors: restricted posts

(1) A person is disqualified from becoming, or remaining, an elected
5mayor of a local authority if the person holds any of the posts
mentioned in subsection (2).

(2) The posts are—

(a) the authority’s head of paid service;

(b) the authority’s monitoring officer designated under section 5
10of the Local Government and Housing Act 1989;

(c) the officer having responsibility for the administration of the
authority’s financial affairs for the purposes of section 151 of
the Local Government Act 1972;

(d) the authority’s director of children’s services appointed
15under section 18 of the Children Act 2004;

(e) the authority’s director of adult social services appointed
under section 6(A1) of the Local Authority Social Services Act
1970;

(f) such other posts as may be specified or described in
20regulations made by the Secretary of State under this section.

Leader and cabinet executives (England)

9I Election and term of office of leader

Executive arrangements by a local authority which provide for a
leader and cabinet executive (England)—

(a) 25must include provision with respect to the election of the
executive leader, including provision for an election where
there is a vacancy in the office of executive leader, and

(b) may include provision with respect to the term of office of the
executive leader.

9IA 30Removal of leader

(1) Executive arrangements by a local authority which provide for a
leader and cabinet executive (England) must include provision for
the council to remove the executive leader by resolution.

(2) If a council passes a resolution to remove the executive leader, a new
35executive leader is to be elected—

(a) at the meeting at which the leader is removed from office, or

(b) at a subsequent meeting.

9IB Leader to continue to hold office as councillor

(1) A person who is the executive leader of a leader and cabinet
40executive (England) remains a member of the council during the
period that the person is the executive leader.

(2) Accordingly, any enactment which provides for the person’s earlier
retirement as a councillor does not apply.

(3) This section does not affect anything by which the executive leader
may cease to be a councillor otherwise than by retirement (including
disqualification or resignation).

9IC No other means of removing leader

(1) 5This section applies to a local authority which operates a leader and
cabinet executive (England).

(2) An executive leader may not be removed from office except in
accordance with section 9IA or regulations under section 9ID.

9ID Regulations

(1) 10The Secretary of State may by regulations make provision—

(a) as to the election and removal from office of executive leaders
of leader and cabinet executives (England),

(b) as to the term of office of an executive leader of a leader and
cabinet executive (England), and

(c) 15as to the filling of vacancies in the office of executive leader of
a leader and cabinet executive (England).

(2) Sections 9I to 9IC are subject to regulations under this section.

CHAPTER 3 The committee system

9J Secretary of State power to prohibit delegation of functions etc

(1) 20The Secretary of State may by regulations—

(a) specify or describe any function of a committee system local
authority that is to be a non-delegable function;

(b) specify or describe cases or circumstances in which any
specified or described function of a committee system local
25authority is to be a non-delegable function;