Localism Bill (HL Bill 90)

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
5they 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) 10as 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
15the 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
20made under, this Chapter.

(4) This section is subject to section 9NA (effect of order requiring, and
giving effect to, referendum on change to mayor and cabinet
executive).

9MF Further provision with respect to referendums

(1) 25If 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
of ten years beginning with the date of Referendum A, unless
subsection (2) or (3) applies.

(2) 30This subsection applies if—

(a) Referendum A was held by the authority by virtue of an
order under section 9N (power by order to require, and give
effect to, referendum on change to mayor and cabinet
executive), and

(b) 35the proposal for the authority 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) If the result of a referendum held by virtue of regulations, an order
40or 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) If the result of a referendum held by virtue of regulations, an order
45or 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
direction.

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

9MG 5Voting in and conduct of referendums

(1) The persons entitled to vote in a referendum held by a local authority
under 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
10authority’s area, and

(b) are registered in the register of local government electors at
an 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) 15The Secretary of State may by regulations make provision for the
combination of polls at referendums under this Chapter with polls at
any elections.

(4) Regulations under subsection (1) or (2) may apply or incorporate,
with or without modifications or exceptions, any provision of any
20enactment (whenever passed or made) relating to elections or
referendums.

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

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

(b) 25as 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) about the limitation of expenditure in connection with a
referendum (and the creation of criminal offences in
30connection 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) as to when, where and how voting in a referendum is to take
place,

(f) 35as to how the votes cast in a referendum are to be counted,
and

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

(6) Before making any regulations under this section that include
provision as to the question to be asked in a referendum, the
40Secretary of State must consult the Electoral Commission.

Further provisions as to mayor and cabinet executive

9N Requiring referendum on change to mayor and cabinet executive

(1) The Secretary of State may by order require a specified local
authority to hold a referendum on whether the authority should
45operate a mayor and cabinet executive.

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

(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
5local authority before or in connection with a referendum,

(c) as to the effect of a referendum and 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
10the 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
15made under, this Chapter.

(4) In this section “specified” means specified in an order made by the
Secretary of State under this section.

9NA Effect of section 9N order

(1) Subject as follows, the provisions of this Chapter listed in subsection
20(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 operate a mayor and cabinet
executive has been rejected in the referendum held under the order.

(2) Those provisions are—

(a) 25section 9K (changing from one form of governance to
another);

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

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

(d) 30section 9MD (referendum following direction);

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

9NB Variation 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
35the local authority is operating a mayor and cabinet executive.

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

Miscellaneous

9O 40General

(1) A local authority may not—

(a) cease 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
connection with the making of such a change.

9OA Interpretation

(1) 5This 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) 10a 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) 15executive arrangements;

(b) a committee system;

(c) any prescribed arrangements.

CHAPTER 5 Supplementary

Local authority constitution

9P 20Local 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
25being 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
30constitution 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
35public 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 Guidance

(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) 5Guidance 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—

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

• “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
  15Representation of the People Act 1983,

• “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
  20accordance with section 9C,

• “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 9HE,

• “leader and cabinet executive (England)” has the meaning given
  25by 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
  270(1) of the Local Government Act 1972,

• 30“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,

• “the political balance requirements” means the provisions made
  35by 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
  9HE.

(2) 40In 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) 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
10who (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 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
15entitled 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
Schedule as the deputy mayor.

(5) 20Any reference in this Part to the discharge of any functions includes
a reference to the doing of anything which is calculated to facilitate,
or 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
25or under this Part.

(7) Any functions conferred on a local authority by virtue of this Part are
not 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
30this Part—

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

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

35Part 2 New Schedule A1 to the Local Government Act 2000

2 Before 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
5local 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) 10The 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) Subject to sub-paragraph (5), the person who is appointed deputy
15mayor, 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
deputy mayor from office.

(6) 20Where 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
mayor’s place.

(8) 25If 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
mayor is vacant,

30the 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
local authority which provide for a leader and cabinet executive
35(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
under section 9C(3)(b).

(3) 40The 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) Subject to sub-paragraph (5), the person who is appointed deputy
executive leader, unless the person resigns as deputy executive
5leader 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) The executive leader may, if the executive leader thinks fit, remove
the deputy executive leader from office.

(6) 10Where a vacancy occurs in the office of deputy executive leader,
the executive leader must appoint another person to be deputy
executive leader.

(7) If for any reason the executive leader is unable to act or the office
of executive leader is vacant, the deputy executive leader must act
15in 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
20deputy 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
25provision 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
30committees 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) 35The 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
40of 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
459F 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
50any 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
55least 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
for any Church of England diocese which falls wholly or partly in
the authority concerned’s area.

(3) 60In 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
must include at least one qualifying person.

(4) A person is a qualifying person for the purposes of sub-paragraph
65(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) A member of an overview and scrutiny committee or sub-
committee appointed by virtue of sub-paragraph (1) or (3) is to be
70entitled to vote at a meeting of the committee or sub-committee on
any question—

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

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

(6) 75The 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
persons who are appointed, in accordance with the directions, as
representatives of the persons who appoint foundation governors
80for 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) Directions under sub-paragraph (6) may make provision with
respect to the voting rights of persons appointed in accordance
85with such directions.

8 (1) The Secretary of State may by regulations require an overview and
scrutiny committee or sub-committee to which this paragraph
applies to include one or more persons elected, in accordance with
the regulations, as representatives of parent governors at
5maintained schools which are maintained by the relevant
authority concerned.

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

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

(b) 10the 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) the circumstances in which persons are qualified or
disqualified for being so elected or for holding office once
15elected,

(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
20(whenever passed or made) relating to committees or (as
the case may be) sub-committees of a local authority,

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

(3) 25Regulations under this paragraph may also make provision—

(a) enabling the Secretary of State to determine, where the
Secretary 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
30imposed on the committee or sub-committee by virtue of
sub-paragraph (1) is to have effect as if it referred to
representatives of parents of registered pupils (rather than
representatives of parent governors) at those schools,

(b) for any regulations under this paragraph to have effect,
35where the Secretary of State makes any such
determination, with such modifications as may be
prescribed.

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

(a) section 496 (powers of Secretary of State to require duties
40under that Act to be exercised reasonably), and

(b) section 497 (powers of Secretary of State where local
education 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
45performance by a local education authority of a duty imposed by
that Act.

10 Except 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) 50A local authority may permit a co-opted member of an overview
and scrutiny committee of the authority to vote at meetings of the
committee.

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

(3) 55A scheme for the purposes of this paragraph may include—

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

(b) 60provision for giving effect to any maximum or minimum
established under paragraph (a).

(4) The 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
65an 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
the exercise of the powers under paragraph 11.

(2) Regulations under sub-paragraph (1) may, in particular, require
70schemes for the purposes of paragraph 11 (“voting rights
schemes”)—

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

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

(i) the person to whom the proposal relates,

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

(iii) the proposed duration of the person’s entitlement
80to vote,

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

(c) to provide for a scheme proposal to be made only in
accordance with a published statement of the policy of the
85committee 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
the regulations may provide.

(3) Regulations under sub-paragraph (1) may include provision for
90the 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
vary a voting rights scheme.

13 (1) A local authority which makes a scheme for the purposes of
95paragraph 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) If a local authority makes a scheme for the purposes of paragraph
11, or varies or revokes such a scheme, it must as soon as
5reasonably practicable after doing so publish in one or more
newspapers circulating in its area a notice which complies with
this paragraph.

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

(a) 10record the making of the scheme,

(b) describe what it does,

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

(d) specify—

(i) 15the 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) 20record 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) 25the 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

30SCHEDULE 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 35In 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) 40In subsection (5B) after “section” insert “9EC or”.