Localism Bill (HL Bill 71)

(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 order, to take that
action.

(3) 5Provision 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) In this section “specified” means specified in an order made by the
Secretary of State under section 9N.

9NC 10Effect of section 9N change

(1) Subject as follows, the provisions of this Chapter listed in subsection
(2) do not apply to a local authority in relation to whom an order
under section 9N has been made (and has not been revoked) unless
the proposal for the authority to continue to operate a mayor and
15cabinet executive has been rejected in the referendum held under the
order.

(2) Those provisions are—

(a) section 9K (changing from one form of governance to
another);

(b) 20section 9KA (executive arrangements: different form of
executive);

(c) section 9MC (referendum following petition);

(d) section 9MD (referendum following direction);

(e) section 9ME (referendum following order).

9ND 25Variation of mayoral executive

(1) This section applies to a change in governance arrangements of the
kind set out in section 9KB (variation of executive arrangements) if
the local authority is operating a mayor and cabinet executive.

(2) The local authority may not resolve to make a change in governance
30arrangements unless the elected mayor has given written consent to
the proposed change.

Miscellaneous

9O General

(1) A local authority may not—

(a) 35cease to operate a form of governance, or

(b) vary executive arrangements,

other than in accordance with this Chapter.

(2) In making a change in governance arrangements, the local authority
must comply with any directions given by the Secretary of State in
40connection with the making of such a change.

9OA Interpretation

(1) This section applies for the purposes of this Chapter.

(2) References to a change in governance arrangements are references to
any change of a kind set out in sections 9K to 9KB.

(3) References to a relevant type of governance arrangement are
references to—

(a) 5a leader and cabinet executive (England);

(b) a mayor and cabinet executive;

(c) a committee system;

(d) any prescribed arrangements.

(4) References to a form of governance are references to—

(a) 10executive arrangements;

(b) a committee system;

(c) any prescribed arrangements.

CHAPTER 5 Supplementary

Local authority constitution

9P 15Local authority constitution

(1) A local authority must prepare and keep up to date a document
(referred to in this section as its constitution) which contains—

(a) a copy of the authority’s standing orders for the time being,

(b) a copy of the authority’s code of conduct (if any) for the time
20being under section 17 of the Localism Act 2011,

(c) such information as the Secretary of State may direct, and

(d) such other information (if any) as the authority considers
appropriate.

(2) In the case of a committee system local authority, the authority’s
25constitution must also contain a statement as to whether the
authority has resolved to have an overview and scrutiny committee
under section 9JA.

(3) A local authority must ensure that copies of its constitution are
available at its principal office for inspection by members of the
30public at all reasonable hours.

(4) A local authority must supply a copy of its constitution to any person
who requests a copy and who pays to the authority such reasonable
fee as the authority may determine.

Guidance

9Q 35Guidance

(1) A local authority must have regard to any guidance for the time
being issued by the Secretary of State for the purposes of this Part.

(2) Guidance under this section may make different provision for
different cases or descriptions of local authority.

Interpretation

9R Interpretation of Part 1A

(1) In this Part, unless the context otherwise requires—

• “committee system” has the meaning given by section 9B,

• 5“committee system local authority” has the meaning given by
  section 9J(3),

• “elected mayor” has the meaning given by section 9H,

• “electoral area” has the meaning given by section 203(1) of the
  Representation of the People Act 1983,

• 10“enactment” includes an enactment contained in a local Act or
  comprised in subordinate legislation (within the meaning of
  the Interpretation Act 1978),

• “executive”, in relation to a local authority, is to be construed in
  accordance with section 9C,

• 15“executive arrangements” has the meaning given by section 9B,

• “executive leader” has the meaning given by section 9C(3)(a),

• “first preference vote” has the meaning given by section 9HL,

• “head of paid service” has the meaning given by section
  9HA(5),

• 20“leader and cabinet executive (England)” has the meaning given
  by section 9C(3),

• “local authority” means a county council in England, a district
  council or a London borough council,

• “local government elector” has the meaning given by section
  25270(1) of the Local Government Act 1972,

• “mayor and cabinet executive” has the meaning given by
  section 9C(2),

• “ordinary day of election”, in relation to a local authority, means
  the day of ordinary elections of councillors of the authority,

• 30“the political balance requirements” means the provisions made
  by or under sections 15 to 17 of, and Schedule 1 to, the Local
  Government and Housing Act 1989,

• “prescribed arrangements” has the meaning give by section 9B,

• “second preference vote” has the meaning given by section
  359HL.

(2) In this Part “relevant election years”, in relation to a local authority,
means the years specified in the second column of the following table
in relation to that type of authority.

(3) Any reference in this Part to the chairman of a local authority—

(a) 45is a reference to that person whether or not the person is
entitled to another style, and

(b) in the case of a London borough, is a reference to the person
who (disregarding paragraphs 5B to 5I of Schedule 2 to the
Local Government Act 1972) is referred to in Part 1 of that
50Schedule as the mayor of the borough.

(4) Any reference in this Part to the vice-chairman of a local authority—

(a) is a reference to that person whether or not the person is
entitled to another style, and

(b) in the case of a London borough, is a reference to the person
55who (disregarding paragraphs 5B to 5I of Schedule 2 to the
Local Government Act 1972) is referred to in Part 1 of that
Schedule as the deputy mayor.

(5) Any reference in this Part to the discharge of any functions includes
a reference to the doing of anything which is calculated to facilitate,
60or is conducive or incidental to, the discharge of those functions.

(6) Section 101 of the Local Government Act 1972 does not apply to the
function of the passing of a resolution under any provision made by
or under this Part.

(7) Any functions conferred on a local authority by virtue of this Part are
65not to be the responsibility of an executive of the authority under
executive arrangements.

(8) Any directions given by the Secretary of State under any provision of
this Part—

(a) may be varied or revoked by subsequent directions given by
70the Secretary of State under that provision, and

(b) may make different provision for different cases, different
local authorities or different descriptions of local authority.”

Part 2 New Schedule A1 to the Local Government Act 2000

2 75Before Schedule 1 to the Local Government Act 2000 (executive
arrangements: further provision) insert—

Section 9GB

“Mayor and cabinet executivesLeader and cabinet executives (England)ProcedureMeetings of executives and executive committeesMayor’s assistantOverview and scrutiny committees: education functionsOverview and scrutiny committees: voting rights of co-opted members Executive arrangements in England: further provision

1 (1) This paragraph applies in relation to executive arrangements by a
80local authority which provide for a mayor and cabinet executive.

(2) Subject to section 9C(5), the executive arrangements must include
provision which enables the elected mayor to determine the
number of councillors who may be appointed to the executive
under section 9C(2)(b).

(3) The executive arrangements must include provision which
requires the elected mayor to appoint one of the members of the
executive to be his deputy (referred to in this paragraph as the
deputy mayor).

(4) 5Subject to sub-paragraph (5), the person who is appointed deputy
mayor, unless the person resigns as deputy mayor or ceases to be
a member of the authority, is to hold office until the end of the
term of office of the elected mayor.

(5) The elected mayor may, if the elected mayor thinks fit, remove the
10deputy mayor from office.

(6) Where a vacancy occurs in the office of deputy mayor, the elected
mayor must appoint another person to be deputy mayor.

(7) If for any reason the elected mayor is unable to act or the office of
elected mayor is vacant, the deputy mayor must act in the elected
15mayor’s place.

(8) If for any reason—

(a) the elected mayor is unable to act or the office of elected
mayor is vacant, and

(b) the deputy mayor is unable to act or the office of deputy
20mayor is vacant,

the executive must act in the elected mayor’s place or must
arrange for a member of the executive to act in the elected mayor’s
place.

2 (1) This paragraph applies in relation to executive arrangements by a
25local authority which provide for a leader and cabinet executive
(England).

(2) Subject to section 9C(5), the executive arrangements must include
provision which enables the executive leader to determine the
number of councillors who may be appointed to the executive
30under section 9C(3)(b).

(3) The executive arrangements must include provision which
requires the executive leader to appoint one of the members of the
executive to be the executive leader’s deputy (referred to in this
paragraph as the deputy executive leader).

(4) 35Subject to sub-paragraph (5), the person who is appointed deputy
executive leader, unless the person resigns as deputy executive
leader or ceases to be a member of the authority, is to hold office
until the end of any term of office of the executive leader (where
the executive arrangements provide for such a term).

(5) 40The executive leader may, if the executive leader thinks fit, remove
the deputy executive leader from office.

(6) Where a vacancy occurs in the office of deputy executive leader,
the executive leader must appoint another person to be deputy
executive leader.

(7) 45If for any reason the executive leader is unable to act or the office
of executive leader is vacant, the deputy executive leader must act
in the executive leader’s place.

(8) If for any reason—

(a) the executive leader is unable to act or the office of
executive leader is vacant, and

(b) the deputy executive leader is unable to act or the office of
5deputy executive leader is vacant,

the executive must act in the executive leader’s place or must
arrange for a member of the executive to act in the executive
leader’s place.

3 Executive arrangements by a local authority may include
10provision with respect to—

(a) the quorum, proceedings and location of meetings of the
executive,

(b) the appointment of committees of the executive, and

(c) the quorum, proceedings and location of meetings of
15committees of the executive.

4 A member of a local authority who is not a member of the
authority’s executive is entitled to attend, and speak at, a meeting
of the executive, or of a committee of the executive, which is held
in private only if invited to do so.

5 (1) 20The Secretary of State may by regulations make provision for or in
connection with the appointment of a person (an “assistant”) to
provide assistance to an elected mayor.

(2) Regulations under this paragraph may, in particular, include
provision with respect to the terms and conditions of appointment
25of an assistant.

6 (1) In paragraphs 7 and 8 “relevant authority” means a local authority
which is a local education authority.

(2) Paragraphs 7 and 8 apply to an overview and scrutiny committee
of a relevant authority if the committee’s functions under section
309F relate wholly or partly to any education functions which are the
responsibility of the authority’s executive.

(3) Paragraph 7 and 8 also apply to a sub-committee of an overview
and scrutiny committee of a relevant authority if the sub-
committee’s functions under section 9FA relate wholly or partly to
35any education functions which are the responsibility of the
authority’s executive.

7 (1) In the case of a relevant authority that maintains one or more
Church of England schools, an overview and scrutiny committee

or sub-committee to which this paragraph applies must include at
least one qualifying person.

(2) A person is a qualifying person for the purposes of sub-paragraph
(1) if the person is nominated by the Diocesan Board of Education
5for any Church of England diocese which falls wholly or partly in
the authority concerned’s area.

(3) In the case of a relevant authority that maintains one or more
Roman Catholic Church schools, an overview and scrutiny
committee or sub-committee to which this paragraph applies
10must include at least one qualifying person.

(4) A person is a qualifying person for the purposes of sub-paragraph
(3) if the person is nominated by the bishop of any Roman Catholic
diocese which falls wholly or partly in the authority concerned’s
area.

(5) 15A member of an overview and scrutiny committee or sub-
committee appointed by virtue of sub-paragraph (1) or (3) is to be
entitled to vote at a meeting of the committee or sub-committee on
any question—

(a) which relates to any education functions which are the
20responsibility of the authority concerned’s executive, and

(b) which falls to be decided at the meeting.

(6) The Secretary of State may by directions to a relevant authority
require any of the authority’s overview and scrutiny committees
or sub-committees to which this paragraph applies to include
25persons who are appointed, in accordance with the directions, as
representatives of the persons who appoint foundation governors
for the foundation or voluntary schools maintained by the
authority which are not Church of England schools or Roman
Catholic Church schools but which are specified in the directions.

(7) 30Directions under sub-paragraph (6) may make provision with
respect to the voting rights of persons appointed in accordance
with such directions.

8 (1) The Secretary of State may by regulations require an overview and
scrutiny committee or sub-committee to which this paragraph
35applies to include one or more persons elected, in accordance with
the regulations, as representatives of parent governors at
maintained schools which are maintained by the relevant
authority concerned.

(2) Regulations under this paragraph may make provision for—

(a) 40the number of persons who are to be elected in the case of
any relevant authority,

(b) the procedure to be followed in connection with the
election of such persons and the persons who are entitled
to vote at such an election,

(c) 45the circumstances in which persons are qualified or
disqualified for being so elected or for holding office once
elected,

(d) the term of office of persons so elected and their voting
rights,

(e) the application to any such committee or sub-committee,
with or without any modification, of any enactment
(whenever passed or made) relating to committees or (as
the case may be) sub-committees of a local authority,

(f) 5such other matters connected with such elections or
persons so elected as the Secretary of State considers
appropriate.

(3) Regulations under this paragraph may also make provision—

(a) enabling the Secretary of State to determine, where the
10Secretary of State considers it expedient to do so in view of
the small number of maintained schools which are
maintained by a relevant authority, that the requirement
imposed on the committee or sub-committee by virtue of
sub-paragraph (1) is to have effect as if it referred to
15representatives of parents of registered pupils (rather than
representatives of parent governors) at those schools,

(b) for any regulations under this paragraph to have effect,
where the Secretary of State makes any such
determination, with such modifications as may be
20prescribed.

9 The following provisions of the Education Act 1996, namely—

(a) section 496 (powers of Secretary of State to require duties
under that Act to be exercised reasonably), and

(b) section 497 (powers of Secretary of State where local
25education authorities etc are in default),

are to apply to the performance of any duty imposed on a local
authority by virtue of paragraphs 6 to 8 as they apply to the
performance by a local education authority of a duty imposed by
that Act.

10 30Except for the expression “local authority”, expressions used in
paragraphs 6 to 9 and the School Standards and Framework Act
1998 have the same meaning in those paragraphs as in that Act.

11 (1) A local authority may permit a co-opted member of an overview
and scrutiny committee of the authority to vote at meetings of the
35committee.

(2) Permission under sub-paragraph (1) may only be given in
accordance with a scheme made by the local authority.

(3) A scheme for the purposes of this paragraph may include—

(a) provision for a maximum or minimum in relation to the
40number of co-opted members of an overview and scrutiny
committee entitled to vote at meetings of the committee,
and

(b) provision for giving effect to any maximum or minimum
established under paragraph (a).

(4) 45The power to make a scheme for the purposes of this paragraph
includes power to vary or revoke such a scheme.

(5) In this paragraph, references to a co-opted member, in relation to
an overview and scrutiny committee of a local authority, are to a
member of the committee who is not a member of the authority.

12 (1) The Secretary of State may by regulations make provision about
5the exercise of the powers under paragraph 11.

(2) Regulations under sub-paragraph (1) may, in particular, require
schemes for the purposes of paragraph 11 (“voting rights
schemes”)—

(a) to provide for permission to be given only by means of
10approving a proposal by the committee concerned;

(b) to provide for a proposal for the purposes of the scheme
(“a scheme proposal”) to specify—

(i) the person to whom the proposal relates,

(ii) the questions on which it is proposed the person
15should be entitled to vote, and

(iii) the proposed duration of the person’s entitlement
to vote,

and to include such other provision about the form and
content of such a proposal as the regulations may provide;

(c) 20to provide for a scheme proposal to be made only in
accordance with a published statement of the policy of the
committee concerned about the making of such proposals;

(d) to include such provision about the procedure to be
followed in relation to the approval of scheme proposals as
25the regulations may provide.

(3) Regulations under sub-paragraph (1) may include provision for
the notification to the Secretary of State by local authorities of the
making, variation or revocation of voting rights schemes.

(4) The Secretary of State may by direction require a local authority to
30vary a voting rights scheme.

13 (1) A local authority which makes a scheme for the purposes of
paragraph 11 must, while the scheme is in force, make copies of it
available at its principal office at all reasonable hours for
inspection by members of the public.

(2) 35If a local authority makes a scheme for the purposes of paragraph
11, or varies or revokes such a scheme, it must as soon as
reasonably practicable after doing so publish in one or more
newspapers circulating in its area a notice which complies with
this paragraph.

(3) 40In the case of the making of a scheme, the notice under sub-
paragraph (2) must—

(a) record the making of the scheme,

(b) describe what it does,

(c) state that copies of it are available for inspection at the
45principal office of the local authority, and

(d) specify—

(i) the address of that office, and

(ii) the times when the scheme is available for
inspection there.

(4) In the case of the variation of a scheme, the notice under sub-
paragraph (2) must—

(a) 5record the variation,

(b) describe what it does,

(c) state that copies of the scheme as varied are available for
inspection at the principal office of the local authority, and

(d) specify—

(i) 10the address of that office, and

(ii) the times when the scheme is available for
inspection there.

(5) In the case of the revocation of a scheme, the notice under sub-
paragraph (2) must record the revocation.”

Section 12

15SCHEDULE 3 Minor and consequential amendments relating to local authority
governance in England

Local Government Act 1972 (c. 70)Local Government Act 1972 (c. 70)

1 The Local Government Act 1972 is amended as follows.

2 20In section 2 (constitution of principal councils in England) in subsection (2A)
omit “or a mayor and council manager executive”.

3 (1) Section 101 (arrangements for discharge of functions by local authorities) is
amended as follows.

(2) In subsection (1C) after “section” insert “9EB or”.

(3) 25In subsection (5B) after “section” insert “9EC or”.

4 In section 102 (appointment of committees) in subsection (1A) after “section”
insert “9EA or”.

5 In section 245 (status of certain districts, parishes and communities) in
subsections (1A) and (4A)(a) omit “or a mayor and council manager
30executive”.

6 (1) Section 270(1) (general provisions as to interpretation) is amended as
follows.

(2) In the definition of “elected mayor” after “has” insert “—

(a) in relation to England, the same meaning as in Part 1A of the
35Local Government Act 2000, and

(b) in relation to Wales,”.

(3) In the definition of “executive”, “executive arrangements” and “executive
leader” after “have” insert “—

(a) in relation to England, the same meaning as in Part 1A of the
40Local Government Act 2000, and

(b) in relation to Wales,”.

(4) In the definition of “leader and cabinet executive (England)” for “Part 2”
substitute “Part 1A”.

(5) In the definition of “mayor and cabinet executive” for “have” substitute
5“has—

“(a) in relation to England, the same meaning as in Part 1A of the
Local Government Act 2000, and

(b) in relation to Wales,”.

Local Government Finance Act 1988 (c. 41)Local Government Finance Act 1988 (c. 41)

7 10The Local Government Finance Act 1988 is amended as follows.

8 In section 114 (functions of responsible officer as regards reports) in
subsection (3A)(a) for “the person” substitute “any person other than the
chief finance officer”.

9 In section 114A (functions of responsible officer as regards reports — local
15authorities operating executive arrangements) in subsection (3)(a) for “the
person” substitute “any person other than the chief finance officer”.

Local Government and Housing Act 1989 (c. 42)Local Government and Housing Act 1989 (c. 42)

10 The Local Government and Housing Act 1989 is amended as follows.