Localism Bill (HL Bill 71)

(5) In this section—

• “action” in relation to any function includes any action (of
  whatever nature and whether or not separately identified by
  any enactment) involving—

  (a)

  5the taking of any step in the course of, or otherwise for
  the purposes of or in connection with, the discharge
  of the function,

  (b)

  the doing of anything incidental or conducive to the
  discharge of the function, or

  (c)

  10the doing of anything expedient in connection with
  the discharge of the function or any action within
  paragraph (a) or (b);

• “function” means a function of any nature, whether conferred
  or otherwise arising before, on or after this section comes into
  15force.

9JA Overview and scrutiny committee

(1) A committee system local authority may by resolution appoint one
or more committees as the authority’s overview and scrutiny
committee or, as the case may be, committees.

(2) 20The Secretary of State may by regulations make provision about—

(a) the functions, composition and procedure of a committee
that has been appointed as an overview and scrutiny
committee under this section, and

(b) the appointment by committee system local authorities of
25joint committees and sub-committees as overview and
scrutiny committees.

(3) Provision under subsection (2) may, in particular, include provision
which applies or reproduces (with or without modifications) any
provision of, or made under, sections 9F to 9FJ or paragraphs 6 to 13
30of Schedule A1.

9JB Overview and scrutiny: flood risk management

(1) A committee system local authority that is a lead local flood
authority must review and scrutinise the exercise by risk
management authorities of—

(a) 35flood risk management functions, or

(b) coastal erosion risk management functions,

which may affect the local authority’s area.

(2) A local authority may issue such reports and recommendations as it
considers appropriate in the course of exercising the function in
40subsection (1).

(3) A risk management authority must comply with a request made by
a local authority in the course of exercising the function in subsection
(1) for—

(a) information;

(b) 45a response to a report.

(4) The Secretary of State may make regulations about the duty under
subsection (3) which may, in particular, include provision—

(a) about the procedure to be followed in relation to requests and
compliance with them,

(b) about notices to be served in relation to requests,

(c) for exemptions from the duty,

(d) 5requiring persons to attend to give information orally,

(e) about the nature of the information and responses that may
be requested, and

(f) about the publication of requests, information and responses.

(5) A risk management authority must have regard to any reports or
10recommendations mentioned in subsection (2) that relate to it.

(6) Expressions used in this section have the same meaning as in Part 1
of the Flood and Water Management Act 2010.

CHAPTER 4 Changing governance arrangements

Changes to governance arrangements by local authorities: general provision

9K 15Changing from one form of governance to another

(1) A local authority may—

(a) cease to operate its existing form of governance, and

(b) start to operate a different form of governance.

(2) This section is subject to section 9NC (effect of order requiring
20change to mayor and cabinet executive).

9KA Executive arrangements: different form of executive

(1) A local authority which operates executive arrangements may—

(a) vary the arrangements so that they provide for a different
form of executive, and

(b) 25if it makes such a variation, vary the arrangements in such
other respects (if any) as it considers appropriate.

(2) This section is subject to section 9NC (effect of order requiring
change to mayor and cabinet executive).

9KB Executive arrangements: other variation of arrangements

30A local authority which operates executive arrangements may vary
those arrangements so that they—

(a) differ from the existing arrangements in any respect, but

(b) still provide for the same form of executive.

9KC Resolution of local authority

(1) 35A resolution of a local authority is required in order for the authority
to make a change in governance arrangements.

(2) As soon as practicable after passing such a resolution a local
authority must—

(a) secure that copies of a document setting out the provisions of
the arrangements that are to have effect following the
resolution are available at its principal office for inspection by
members of the public, and

(b) 5publish in one or more newspapers circulating in its area a
notice which—

(i) states that the authority has resolved to make a
change in its governance arrangements,

(ii) states the date on which the change is to have effect,

(iii) 10describes the main features of the change,

(iv) states that copies of a document setting out the
provisions of the arrangements that are to have effect
following the resolution are available at the
authority’s principal office for inspection by members
15of the public, and

(v) specifies the address of the authority’s principal
office.

(3) Subsection (4) applies if a local authority passes a resolution in
accordance with this section (“Resolution A”) which makes a change
20in governance arrangements of the kind set out in—

(a) section 9K (change from one form of governance to another),
or

(b) section 9KA (change to a different form of executive).

(4) The local authority may not pass another resolution that makes a
25change in governance arrangements of a kind mentioned in
subsection (3) (“Resolution B”) before the end of the period of 5 years
beginning with the date Resolution A is passed, unless Resolution B
is approved in a referendum held in accordance with this Chapter.

(5) This section does not apply to a change in governance arrangements
30effected by an order under section 9N (power by order to implement
change to mayor and cabinet executive).

Implementation of certain changes to governance arrangements

9L Implementation: change in form of governance or change in form of
executive

(1) 35This section applies if a local authority passes a resolution which
makes a change in governance arrangements of the kind set out in—

(a) section 9K (change from one form of governance to another),
or

(b) section 9KA (change to a different form of executive).

(2) 40On the third day after the relevant elections, the local authority
must—

(a) cease operating the old form of governance or (as the case
may be) old form of executive, and

(b) start operating the form of governance or (as the case may be)
45form of executive which the change in governance
arrangements provides for.

(3) In this section “relevant elections” means, if the change in
governance arrangements provides for the local authority to
operate—

(a) a leader and cabinet executive (England): the appropriate
5elections of councillors;

(b) a mayor and cabinet executive: the first election of the mayor;

(c) a committee system: the appropriate elections of councillors;

(d) prescribed arrangements: the appropriate elections of
councillors.

(4) 10For the purposes of subsection (3)—

(a) if the local authority is currently operating a mayor and
cabinet executive, the “appropriate elections of councillors”
are the ordinary elections of councillors of the local authority
held on the day on which the next ordinary election of a
15mayor was expected to be held when the resolution to make
the change in governance arrangements was passed;

(b) if the local authority is not currently operating a mayor and
cabinet executive, the “appropriate elections of councillors”
are the first ordinary elections of councillors of the local
20authority to be held after the resolution is passed.

Referendums

9M Cases in which change is subject to approval in a referendum in
accordance with sections 9MA and 9MB

(1) A change in governance arrangements which a local authority
25proposes to make by resolution is subject to approval in a
referendum in either of the following cases.

(2) The first case is where—

(a) the proposed change in governance arrangements is of a kind
set out in—

(i) 30section 9K (change from one form of governance to
another), or

(ii) section 9KA (change to a different form of executive),
and

(b) the implementation of the local authority’s existing form of
35governance or existing form of executive was approved in a
referendum under this Chapter.

(3) The second case is where the local authority resolves that a proposed
change in governance arrangements is to be subject to approval in a
referendum.

9MA 40Referendum: proposals by local authority

(1) This section applies to a local authority which wishes to make a
change in governance arrangements that is subject to approval in a
referendum under section 9M.

(2) The local authority must draw up proposals for the change.

(3) 45The proposals must include—

(a) a timetable with respect to the implementation of the
proposals,

(b) details of any transitional arrangements which are necessary
for the implementation of the proposals, and

(c) 5a statement that the change in government arrangements is to
be subject to approval in a referendum.

(4) Subsections (5) and (6) apply where the proposed change in
governance arrangements is of the kind set out in—

(a) section 9K (change from one form of governance to another),
10or

(b) section 9KA (change to a different form of executive).

(5) If the proposed change in governance arrangements would result in
the local authority having executive arrangements, the proposals
must state the extent to which the functions specified in regulations
15under section 9D(3)(b) are to be the responsibility of the executive
which will be operated if the proposals are implemented.

(6) The proposals (particularly any provision about timetables and
transitional matters included in accordance with subsection (3))
must be such as to ensure that the proposed change can take effect
20(so far as required to) in accordance with section 9L(2).

(7) After drawing up the proposals, the local authority must—

(a) secure that copies of a document setting out the proposals are
available at its principal office for inspection by members of
the public at all reasonable times, and

(b) 25publish in one or more newspapers circulating in its area a
notice which—

(i) states that the authority has drawn up the proposals,

(ii) describes the main features of the proposals,

(iii) states that copies of a document setting out the
30proposals are available at the authority’s principal
office for inspection by members of the public at such
times as may be specified in the notice, and

(iv) specifies the address of the authority’s principal
office.

9MB 35Requirement to hold and give effect to referendum

(1) This section applies to a local authority which wishes to make a
change in governance arrangements that is subject to approval in a
referendum under section 9M.

(2) The local authority must, after complying with section 9MA(7), hold
40a referendum on its proposals before taking any steps to implement
them.

(3) The local authority may not pass a resolution which makes the
proposed change unless the result of the referendum is to approve
the proposals.

(4) 45Any such resolution must be passed within the period of 28 days
beginning with the day when the referendum is held.

(5) Any such resolution must be passed at a meeting which is specially
convened for the purpose of deciding the resolution with notice of
the object.

9MC Referendum following petition

(1) 5The Secretary of State may by regulations make provision for or in
connection with requiring a local authority which receives a petition
which complies with the provisions of the regulations to hold a
referendum, in such circumstances as may be prescribed in the
regulations, on whether the authority should have a relevant type of
10governance arrangement.

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

(a) as to the form and content of petitions (including provision
for petitions in electronic form),

(b) 15as to the minimum number of local government electors for a
local authority’s area who must support any petition
presented to the authority during any period specified in the
regulations,

(c) for or in connection with requiring an officer of a local
20authority to publish the number of local government electors
for the authority’s area who must support any petition
presented to the authority,

(d) as to the way in which local government electors for a local
authority’s area are to support a petition (including
25provision enabling local government electors to support
petitions by telephone or by electronic means),

(e) as to the action which may, may not or must be taken by a
local authority in connection with any petition,

(f) as to the manner in which a petition is to be presented to a
30local authority,

(g) as to the verification of any petition,

(h) as to the date on which, or the time by which, a referendum
must be held,

(i) as to the action which may, may not or must be taken by a
35local authority before or in connection with a referendum,

(j) as to the action which may, may not or must be taken by a
local authority after a referendum, and

(k) for or in connection with enabling the Secretary of State, in
the event of any failure by a local authority to take any action
40permitted or required by virtue of the regulations, to take
that action.

(3) Provision made by virtue of subsection (2) may, in particular, apply
or reproduce (with or without modifications) any provisions of, or
made under, this Chapter.

(4) 45The number of local government electors mentioned in subsection
(2)(b) is to be calculated at such times as may be provided by
regulations under this section and (unless such regulations
otherwise provide) is to be 5 per cent of the number of local
government electors at each of those times.

(5) This section is subject to section 9NC (effect of order requiring
change to mayor and cabinet executive).

9MD Referendum following direction

(1) The Secretary of State may by regulations make provision for or in
5connection with enabling the Secretary of State, in such
circumstances as may be prescribed in the regulations, to direct a
local authority to hold a referendum on whether it should have a
relevant type of governance arrangements specified in the direction.

(2) Regulations under this section may, in particular, include
10provision—

(a) as to the date on which, or the time by which, a referendum
must be held,

(b) as to the action which may, may not or must be taken by a
local authority before or in connection with a referendum,

(c) 15as to the action which may, may not or must be taken by a
local authority after a referendum, and

(d) for or in connection with enabling the Secretary of State, in
the event of any failure by a local authority to take any action
permitted or required by virtue of the regulations, to take
20that action.

(3) Provision made by virtue of subsection (2) may, in particular, apply
or reproduce (with or without modifications) any provisions of, or
made under, this Chapter.

(4) This section is subject to section 9NC (effect of order requiring
25change to mayor and cabinet executive).

9ME Referendum following order

(1) The Secretary of State may by order make provision requiring every
local authority, or every local authority falling within a description
of authority specified in the order, to hold a referendum on whether
30they should have a relevant type of governance arrangements
specified in the order.

(2) An order under this section may, in particular, include provision—

(a) as to the date on which, or the time by which, a referendum
must be held,

(b) 35as to the action which may, may not or must be taken by a
local authority before or in connection with a referendum,

(c) as to the action which may, may not or must be taken by a
local authority after a referendum,

(d) for or in connection with enabling the Secretary of State, in
40the event of any failure by a local authority to take any action
permitted or required by virtue of the order, to take that
action.

(3) Provision made by virtue of subsection (2) may, in particular, apply
or reproduce (with or without modifications) any provisions of, or
45made under, this Chapter.

(4) This section is subject to section 9NC (effect of order requiring
change to mayor and cabinet executive).

9MF Further provision with respect to referendums

(1) If a local authority holds a referendum under this Chapter
(“Referendum A”) it may not hold, or be required to hold, another
referendum under this Chapter (“Referendum B”) within the period
5of ten years beginning with the date of Referendum A, unless
subsection (2) or (3) applies.

(2) This subsection applies if—

(a) Referendum A was held by the authority by virtue of an
order under section 9N (power by order to implement change
10to mayor and cabinet executive), and

(b) the proposal for the authority to continue to operate a mayor
and cabinet executive was rejected in Referendum A.

(3) This subsection applies if Referendum B is required to be held by
virtue of an order made under section 9N.

(4) 15If the result of a referendum held by virtue of regulations, an order
or a direction made under any provision of this Chapter is to
approve the proposals to which the referendum relates, the local
authority concerned must implement those proposals in accordance
with any provision made by the regulations, order or direction.

(5) 20If the result of a referendum held by virtue of regulations, an order
or a direction made under any provision of this Chapter is to reject
the proposals to which the referendum relates, the local authority
concerned may not implement those proposals but must instead
comply with any provision made by the regulations, order or
25direction.

(6) Subsections (4) and (5) do not apply to a referendum held by virtue
of section 9N (but see section 9NB(2)(c)).

9MG Voting in and conduct of referendums

(1) The persons entitled to vote in a referendum held by a local authority
30under this Chapter are those who on the day of the referendum—

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

(b) are registered in the register of local government electors at
35an address within the authority’s area.

(2) The Secretary of State may by regulations make provision as to the
conduct of referendums under this Chapter.

(3) The Secretary of State may by regulations make provision for the
combination of polls at referendums under this Chapter with polls at
40any elections.

(4) Regulations under subsection (1) or (2) may apply or incorporate,
with or without modifications or exceptions, any provision of any
enactment (whenever passed or made) relating to elections or
referendums.

(5) 45Regulations under subsection (1) may, in particular, include
provision—

(a) as to the question to be asked in a referendum,

(b) as to the publicity to be given in connection with a
referendum (including the publicity to be given with respect
to the consequences of the referendum),

(c) 5about the limitation of expenditure in connection with a
referendum (and the creation of criminal offences in
connection with the limitation of such expenditure),

(d) as to the conduct of the authority, members of the authority
and officers of the authority in relation to a referendum,

(e) 10as to when, where and how voting in a referendum is to take
place,

(f) as to how the votes cast in a referendum are to be counted,
and

(g) for disregarding alterations in a register of electors.

(6) 15Before making any regulations under this section that include
provision as to the question to be asked in a referendum, the
Secretary of State must consult the Electoral Commission.

Further provisions as to mayor and cabinet executive

9N Power to implement change to mayor and cabinet executive

(1) 20The Secretary of State may by order provide that, on the relevant
date, a specified local authority—

(a) ceases to operate its existing form of governance or form of
executive, and

(b) starts to operate a mayor and cabinet executive.

(2) 25If, before the relevant date, the specified local authority operates
executive arrangements that provide for a leader and cabinet
executive (England), then on the relevant date—

(a) in the case of an authority that has an executive leader, the
executive leader becomes the authority’s shadow mayor, and

(b) 30in the case of an authority in relation to which the office of
executive leader is vacant and a deputy executive leader is
acting in place of the executive leader in accordance with
paragraph 2 of Schedule A1, the deputy executive leader
becomes the authority’s shadow mayor.

(3) 35Subsection (4) applies if, before the relevant date—

(a) the specified local authority operates executive arrangements
that provide for a leader and cabinet executive (England) and
neither case in paragraph (a) or (b) of subsection (2) applies,
or

(b) 40the specified local authority does not operate executive
arrangements.

(4) On the relevant date, a councillor of the authority specified or
described in the order becomes the authority’s shadow mayor.

(5) The Secretary of State may by order require a specified local
45authority to take specified steps in preparation for operating a mayor
and cabinet executive by virtue of an order under this section.

(6) In this section—

• “relevant date” means the date specified;

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

9NA 5Provisions applying to shadow mayors

(1) Subject as follows, a local authority’s shadow mayor is to be treated
as the authority’s elected mayor for the purposes of this Part and any
other enactment.

(2) The shadow mayor is not to be treated as the authority’s elected
10mayor for the purposes of section 9HC (provision requiring certain
authorities to adopt mayoral management arrangements).

(3) The shadow mayor may not submit a proposal to the authority
under section 9HA(1) (proposal that the mayor be the authority’s
chief executive) unless subsection (4) applies.

(4) 15This subsection applies if—

(a) the authority has held a referendum on whether it should
continue to operate a mayor and cabinet executive by virtue
of an order under section 9N, and

(b) the proposal for the authority to continue to operate a mayor
20and cabinet executive has been approved in that referendum.

(5) A local authority’s shadow mayor ceases to be the authority’s
shadow mayor only—

(a) on the return of an elected mayor at the first election that
takes place after the referendum held by virtue of an order
25under section 9N (if the proposal for the authority to continue
to operate a mayor and cabinet executive is approved in that
referendum), or

(b) in accordance with provision made under section 9NB(2)(c)
(if the proposal for the authority to continue to operate a
30mayor and cabinet executive is rejected in that referendum).

(6) A shadow mayor of a specified local authority does not cease to be a
councillor of the authority by reason only of becoming shadow
mayor.

9NB Requirement to provide for referendum on section 9N change

(1) 35An order under section 9N relating to a specified local authority
must make provision requiring the authority to hold a referendum
on whether the authority should continue to operate a mayor and
cabinet executive.

(2) An order under that section may include provision—

(a) 40as to the date on which, or the time by which, a referendum
must be held,

(b) as to the action which may, may not or must be taken by a
local authority before or in connection with a referendum,