Localism Bill (HL Bill 90)

(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) A person who is the elected mayor of a local authority may be a
5candidate 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
returned both as the elected mayor and as a councillor.

9HD 10Time 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) as to the intervals between elections for the return of elected
15mayors,

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

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

9HE Voting at elections of elected mayors

(1) Each person entitled to vote as an elector at an election for the return
20of 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) if there are three or more candidates to be the elected mayor,
25one 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
system, unless there are three or more candidates.

(3) 30If 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.

9HF Entitlement to vote

(1) The persons entitled to vote as electors at an election for the return of
35an 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
40an 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.

9HG Power to make provision about elections

(1) 45The 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
provision—

(a) 5about 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
expenses), and

(d) 10for 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
exceptions, any provision of, or made under, the
15Representation 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
made under, the Representation of the People Acts so far as
20may 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
made by or under this Part or any regulations under this
25section, 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
State must consult the Electoral Commission.

(5) 30In 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
Secretary of State considers that it is expedient to exercise that power
35in 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.

40Leader 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) must include provision with respect to the election of the
45executive 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 Removal of leader

(1) Executive arrangements by a local authority which provide for a
5leader 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
executive leader is to be elected—

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

(b) 10at 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
executive (England) remains a member of the council during the
period that the person is the executive leader.

(2) 15Accordingly, 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 20No other means of removing leader

(1) This 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 25Regulations

(1) The 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
30cabinet executive (England), and

(c) as 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 35Secretary of State power to prohibit delegation of functions etc

(1) The 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
authority is to be a non-delegable function;

(c) specify or describe any action in connection with the
5discharge of a function of a committee system local authority
that is to be a non-delegable action;

(d) specify or describe cases or circumstances in which any
specified or described action in connection with the
discharge of a function of a committee system local authority
10is to be a non-delegable action.

(2) If a function or action is non-delegable—

(a) it must be carried out by the local authority, and

(b) such provisions of section 101 of the Local Government Act
1972 as may be specified in regulations under this section do
15not apply to it.

(3) In this Part “committee system local authority” means a local
authority that operates a committee system.

(4) For the purposes of this section something is specified or described
if it is specified or described in regulations made by the Secretary of
20State under this section.

(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)

  25the 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)

  30the 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
  35force.

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) 40The 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
45joint 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
of Schedule A1.

9JB Overview and scrutiny: flood risk management

(1) A committee system local authority that is a lead local flood
5authority must review and scrutinise the exercise by risk
management authorities of—

(a) flood risk management functions, or

(b) coastal erosion risk management functions,

which may affect the local authority’s area.

(2) 10A local authority may issue such reports and recommendations as it
considers appropriate in the course of exercising the function in
subsection (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
15(1) for—

(a) information;

(b) a 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) 20about 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) requiring persons to attend to give information orally,

(e) 25about 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
recommendations mentioned in subsection (2) that relate to it.

(6) 30Expressions 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 Changing from one form of governance to another

(1) 35A 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 9NA (effect of order requiring, and
giving effect to, referendum on change to mayor and cabinet
40executive).

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) 5if 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 9NA (effect of order requiring, and
giving effect to, referendum on change to mayor and cabinet
executive).

9KB 10Executive arrangements: other variation of arrangements

A 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 15Resolution of local authority

(1) A 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) 20secure 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) publish in one or more newspapers circulating in its area a
25notice 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) describes the main features of the change,

(iv) 30states 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
of the public, and

(v) 35specifies 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
in governance arrangements of the kind set out in—

(a) 40section 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
change in governance arrangements of a kind mentioned in
45subsection (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
effected by an order under section 9N (power by order to require,
and give effect to, referendum on change to mayor and cabinet
executive).

5Implementation of certain changes to governance arrangements

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

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

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

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

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

(a) 15cease 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)
form of executive which the change in governance
arrangements provides for.

(3) 20In 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
elections of councillors;

(b) 25a 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) For the purposes of subsection (3)—

(a) 30if 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
mayor was expected to be held when the resolution to make
35the 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
authority to be held after the resolution is passed.

40Referendums

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
proposes to make by resolution is subject to approval in a
45referendum 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) section 9K (change from one form of governance to
5another), or

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

(b) the implementation of the local authority’s existing form of
governance or existing form of executive was approved in a
10referendum 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 Referendum: proposals by local authority

(1) 15This 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) The proposals must include—

(a) 20a 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) a statement that the change in governance arrangements is to
25be 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),
or

(b) 30section 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
under section 9D(3)(b) are to be the responsibility of the executive
35which 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
(so far as required to) in accordance with section 9L(2).

(7) 40After 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) publish in one or more newspapers circulating in its area a
45notice 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
proposals 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) 5specifies the address of the authority’s principal
office.

9MB Requirement 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
10referendum under section 9M.

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

(3) The local authority may not pass a resolution which makes the
15proposed change unless the result of the referendum is to approve
the proposals.

(4) Any 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
20convened for the purpose of deciding the resolution with notice of
the object.

9MC Referendum following petition

(1) The Secretary of State may by regulations make provision for or in
connection with requiring a local authority which receives a petition
25which 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
governance arrangement.

(2) Regulations under subsection (1) may, in particular, include
30provision—

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

(b) as to the minimum number of local government electors for a
local authority’s area who must support any petition
35presented to the authority during any period specified in the
regulations,

(c) for or in connection with requiring an officer of a local
authority to publish the number of local government electors
for the authority’s area who must support any petition
40presented 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
provision enabling local government electors to support
petitions by telephone or by electronic means),

(e) 45as 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
local 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
5local 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
10permitted 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) 15The 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) 20This section is subject to section 9NA (effect of order requiring, and
giving effect to, referendum on change to mayor and cabinet
executive).

9MD Referendum following direction

(1) The Secretary of State may by regulations make provision for or in
25connection 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
30provision—

(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) 35as 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
40that 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 9NA (effect of order requiring, and
45giving effect to, referendum on change to mayor and cabinet
executive).