Localism Bill (HL Bill 100)

Localism BillPage 250

(5) Subsection (2) does not apply if—

(a) the relevant partner authority is a health service body, and

(b) either—

(i) the relevant committee is a non-unitary district
5council committee, or

(ii) by virtue of section 244 of the National Health Service
Act 2006, the report was, or the recommendations
were, made to the health service body (as well as to
the authority or the executive).

(6) 10In subsection (5), “health service body” means—

(a) a National Health Service trust,

(b) an NHS foundation trust, or

(c) a Primary Care Trust.

(7) Subsections (2) and (3) are subject to section 9FG (confidential and
15exempt information).

(8) In this section—

  • “the authority”, in relation to a relevant committee, means—

    (a)

    in the case of an overview and scrutiny committee,
    the local authority by which it is established, and

    (b)

    20in the case of a sub-committee of an overview and
    scrutiny committee, the local authority by which the
    overview and scrutiny committee is established,

  • “the executive”, in relation to a relevant committee, means the
    executive of the authority,

  • 25“non-unitary district council committee” means—

    (a)

    an overview and scrutiny committee of a district
    council for a district in a county for which there is a
    county council, or

    (b)

    a sub-committee of such a committee,

  • 30“relevant committee” means an overview and scrutiny
    committee or a sub-committee of such a committee,

  • “relevant partner authority”, in relation to a relevant committee
    other than a non-unitary district council committee, means
    any person who is a partner authority in relation to the
    35authority for the purposes of Chapter 1 of Part 5 of the Local
    Government and Public Involvement in Health Act 2007,
    other than a chief officer of police, and

  • “relevant partner authority”, in relation to a relevant committee
    that is a non-unitary district council committee, means—

    (a)

    40the county council for the county concerned, or

    (b)

    any person (other than the district council concerned)
    who is a partner authority in relation to that county
    council for the purposes of Chapter 1 of Part 5 of the
    Local Government and Public Involvement in Health
    45Act 2007, other than a chief officer of police.

9FG Publication etc of reports, recommendations and responses:
confidential and exempt information

(1) This section applies to—

Localism BillPage 251

(a) the publication under section 9FE of any document
comprising—

(i) a report or recommendations of an overview and
scrutiny committee, or

(ii) 5a response of a local authority to any such report or
recommendations, and

(b) the provision of a copy of such a document—

(i) to a member of a local authority under section 9FD(4)
or section 9FE, or

(ii) 10to a relevant partner authority under section 9FF,

by an overview and scrutiny committee or a local authority.

(2) The overview and scrutiny committee or the local authority, in
publishing the document or providing a copy of the document to a
relevant partner authority—

(a) 15must exclude any confidential information, and

(b) may exclude any relevant exempt information.

(3) The overview and scrutiny committee or the local authority, in
providing a copy of the document to a member of the local authority,
may exclude any confidential information or relevant exempt
20information.

(4) Where information is excluded under subsection (2) or (3), the
overview and scrutiny committee or the local authority, in
publishing, or providing a copy of, the document—

(a) may replace so much of the document as discloses the
25information with a summary which does not disclose that
information, and

(b) must do so if, in consequence of excluding the information,
the document published, or copy provided, would be
misleading or not reasonably comprehensible.

(5) 30Subsection (6) applies if, by virtue of subsection (2), (3) or (4), an
overview and scrutiny committee, in publishing or providing a copy
of a report or recommendations—

(a) excludes information, or

(b) replaces part of the report or recommendations with a
35summary.

(6) The overview and scrutiny committee is nevertheless to be taken for
the purposes of section 9FE(3)(c) or (d) to have published or
provided a copy of the report or recommendations.

(7) In this section references to relevant exempt information are
40references to—

(a) in relation to a report or recommendations of an overview
and scrutiny committee, exempt information of a description
specified in a resolution of the overview and scrutiny
committee under section 100A(4) of the Local Government
45Act 1972 which applied to the proceedings, or part of the
proceedings, at any meeting of the overview and scrutiny
committee at which the report was, or recommendations
were, considered, and

Localism BillPage 252

(b) in relation to a response of the authority, exempt information
of a description specified in such a resolution of the authority
which applied to the proceedings, or part of the proceedings,
at any meeting of the authority at which the report or
5response was, or recommendations were, considered.

(8) In this section—

  • “confidential information” has the meaning given by section
    100A(3) of the Local Government Act 1972 (admission to
    meetings of principal councils),

  • 10“exempt information” has the meaning given by section 100I of
    that Act, and, in relation to—

    (a)

    any report or recommendations of an overview and
    scrutiny committee which has functions under
    section 9F(2)(f) (national health service functions), or

    (b)

    15any response to such a report or recommendations,

    also includes information which is exempt information under
    section 246 of the National Health Service Act 2006, and

  • “relevant partner authority”, in relation to an overview and
    scrutiny committee which is a relevant committee within the
    20meaning of section 9FF, has the same meaning as in that
    section.

(9) In this section, references to an overview and scrutiny committee
include references to a sub-committee of such a committee.

9FH Overview and scrutiny committees: flood risk management

(1) 25This section applies to a local authority that operates executive
arrangements and that is a lead local flood authority.

(2) The arrangements required under section 9F(2) include
arrangements to review and scrutinise the exercise by risk
management authorities of flood risk management functions or
30coastal erosion risk management functions which may affect the
local authority’s area.

(3) A risk management authority must comply with a request made by
an overview and scrutiny committee, in the course of arrangements
under subsection (2), for—

(a) 35information;

(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) about the procedure to be followed in relation to requests and
40compliance 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) about the nature of the information and responses that may
45be requested, and

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

Localism BillPage 253

(5) A risk management authority must have regard to reports and
recommendations of an overview and scrutiny committee in the
course of arrangements under subsection (2).

(6) Regulations under section 123 of the Local Government and Public
5Involvement in Health Act 2007 may make provision about the
application of this section in relation to joint overview and scrutiny
committees.

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

9FI 10Overview and scrutiny committees: provision of information etc by
certain partner authorities

(1) The Secretary of State may by regulations make provision, in relation
to a relevant committee—

(a) as to information which relevant partner authorities must
15provide to the relevant committee, and

(b) as to information which may not be disclosed by a relevant
partner authority to the relevant committee.

(2) In subsection (1), references to information do not include
information in respect of which provision may be made in exercise
20of the power conferred by—

(a) section 20(5)(c) or (d) of the Police and Justice Act 2006
(guidance and regulations regarding crime and disorder
matters), or

(b) section 244(2)(d) or (e) of the National Health Service Act
252006 (functions of overview and scrutiny committees).

(3) For the purposes of subsection (1), “relevant committee” and
“relevant partner authority” have the meanings given by section 9FF.

(4) Regulations under this section may make different provision in
relation to different persons or committees or descriptions of person
30or committee.

(5) The power conferred by subsection (4) does not affect the power
conferred by section 105(2)(b).

Further provision in relation to executives
9G Meetings and access to information etc

(1) 35Meetings of a local authority executive, or a committee of such an
executive, are to be open to the public or held in private.

(2) Subject to regulations under section 9GA(4), it is for a local authority
executive to decide which of its meetings, and which of the meetings
of any committee of the executive, are to be open to the public and
40which of those meetings are to be held in private.

(3) A written record must be kept of prescribed decisions made at
meetings of local authority executives, or committees of such
executives, which are held in private.

Localism BillPage 254

(4) A written record must be kept of prescribed decisions made by
individual members of local authority executives.

(5) Written records under subsection (3) or (4) must include reasons for
the decisions to which they relate.

(6) 5In this section “prescribed” means prescribed by regulations made
by the Secretary of State.

9GA Meetings and access to information etc: further provision and
regulations

(1) Written records under section 9G(3) and (4), together with such
10reports, background papers or other documents as may be
prescribed, must be made available to members of the public in
accordance with regulations made by the Secretary of State.

(2) Regulations under subsection (1) may make provision for or in
connection with preventing the whole or part of any record or
15document containing prescribed information from being made
available to members of the public.

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

(a) with respect to the access of the public to meetings of joint
committees, or sub-committees of such committees, at which
20decisions are made in connection with the discharge of
functions which are the responsibility of executives
(including provision enabling such meetings to be held in
private),

(b) for or in connection with requiring written records to be kept
25of decisions made at meetings which by virtue of paragraph
(a) are held in private,

(c) for or in connection with requiring written records falling
within paragraph (b) to include reasons,

(d) for or in connection with requiring any such written records
30to be made available to members of the public,

(e) for or in connection with requiring documents connected
with decisions to which any such written records relate to be
made available to members of the public.

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

(a) 35as to the circumstances in which meetings mentioned in
section 9G(2), or particular proceedings at such meetings,
must be open to the public,

(b) as to the circumstances in which meetings mentioned in
section 9G(2), or particular proceedings at such meetings,
40must be held in private,

(c) with respect to the information which is to be included in
written records kept by virtue of this section or section 9G,

(d) with respect to the reasons which are to be included in any
such written records,

(e) 45with respect to the persons who are to produce, keep or make
available any such written records,

(f) for or in connection with requiring any such written records
to be made available to members of local authorities or to
overview and scrutiny committees or sub-committees,

Localism BillPage 255

(g) for or in connection with requiring documents connected
with decisions to which any such written records relate to be
made available to members of local authorities or to
overview and scrutiny committees or sub-committees,

(h) 5for or in connection with requiring information to be made
available by electronic means,

(i) for or in connection with conferring rights on members of the
public or members of local authorities, overview and scrutiny
committees or sub-committees in relation to records or
10documents,

(j) for or in connection with the creation of offences in respect of
any rights or requirements conferred or imposed by virtue of
this section or section 9G.

(5) The Secretary of State may by regulations make provision for or in
15connection with requiring prescribed information about prescribed
decisions made in connection with the discharge of functions which
are the responsibility of a local authority executive to be made
available to members of the public or members of the authority.

(6) The provision which may be made under subsection (5) includes
20provision—

(a) requiring prescribed information to be made available in
advance of the prescribed decisions mentioned in that
subsection,

(b) as to the way or form in which prescribed information is to be
25made available.

(7) The Secretary of State may by regulations make provision which, in
relation to meetings of—

(a) local authority executives or committees of such executives,
or

(b) 30joint committees, or sub-committees of such committees,
falling within subsection (3)(a),

applies or reproduces (with or without modifications) any
provisions of Part 5A of the Local Government Act 1972.

(8) The Secretary of State may by regulations make provision, in relation
35to—

(a) the publication by executives of local authorities under
section 9FE of responses to reports or recommendations of
overview and scrutiny committees and sub-committees of
such committees, or

(b) 40the provision by such executives under that section of copies
of such responses,

which applies or reproduces (with or without modifications) any
provisions of section 9FG (confidential and exempt information).

(9) In this section—

  • 45“joint committee” means a joint committee falling within
    section 101(5)(a) of the Local Government Act 1972,

  • “prescribed” means prescribed by regulations made by the
    Secretary of State.

Localism BillPage 256

9GB Further provision

Schedule A1 (which makes further provision in relation to executive
arrangements under this Part) has effect.

9GC Absence of requirement for political balance

5Neither—

(a) a local authority executive, nor

(b) a committee of a local authority executive,

is to be regarded as a body to which section 15 of the Local
Government and Housing Act 1989 (duty to allocate seats to political
10groups) applies.

Elected mayors etc
9H Elected mayors etc

(1) In this Part “elected mayor”, in relation to a local authority, means an
individual elected as mayor of the authority by the local government
15electors for the authority’s area in accordance with the provisions
made by or under this Part.

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

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

(a) a member of a local authority, or

(b) 20a councillor of a local authority,

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

(4) But subsection (3) is subject to—

(a) regulations made by the Secretary of State under this
paragraph which provide that an elected mayor is to be
25treated as a member or councillor of a local authority for the
purposes of an enactment (whenever passed or made), and

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

(5) Section 2(2A) of, and paragraph 5C(1) of Schedule 2 to, the Local
30Government Act 1972 are not to be taken to indicate any contrary
intention for the purposes of subsection (4)(b).

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

(7) The term of office of an elected mayor of a local authority is to be four
35years.

(8) This section is subject to regulations under section 9HB or 9HE.

9HA Election as elected mayor and councillor

(1) If the person who is returned at an election as the elected mayor of a
local authority is also returned at an election held at the same time as
40a councillor of the authority, a vacancy arises in the office of
councillor.

Localism BillPage 257

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

(a) is a councillor of the authority, and

(b) was returned as such a councillor at an election held at an
5earlier time than the mayoral election,

a vacancy shall arise in the office of councillor.

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

(4) 10A person who is the elected mayor of a local authority may be a
candidate in an election for the return of a councillor or councillors
of the authority if the election is held at the same time as an election
for the return of the elected mayor of the authority, but subsection (1)
applies if the person is a candidate in both such elections and is
15returned both as the elected mayor and as a councillor.

9HB Time of elections etc

The Secretary of State may by regulations make provision—

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

(b) 20as to the intervals between elections for the return of elected
mayors,

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

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

9HC Voting at elections of elected mayors

(1) 25Each person entitled to vote as an elector at an election for the return
of an elected mayor is to have the following vote or votes—

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

(b) 30if there are three or more candidates to be the elected mayor,
one vote (referred to in this Part as a second preference vote)
which may be given for the voter’s second preference from
among those candidates

(2) The elected mayor is to be returned under the simple majority
35system, unless there are three or more candidates.

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

9HD Entitlement to vote

(1) 40The persons entitled to vote as electors at an election for the return of
an elected mayor are those who on the day of the poll—

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

(b) 45are registered in the register of local government electors at
an address within the authority’s area.

Localism BillPage 258

(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.

9HE Power to make provision about elections

(1) 5The 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
10provision—

(a) about the registration of electors,

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

(c) about the limitation of election expenses (and the creation of
criminal offences in connection with the limitation of such
15expenses), and

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

(3) Regulations under this section may—

(a) apply or incorporate, with or without modifications or
20exceptions, any provision of, or made under, the
Representation of the People Acts or any provision of any
other enactment (whenever passed or made) relating to
parliamentary elections or local government elections,

(b) modify any form contained in, or in regulations or rules
25made under, the Representation of the People Acts so far as
may be necessary to enable it to be used both for the original
purpose and in relation to elections for the return of elected
mayors, and

(c) so far as may be necessary in consequence of any provision
30made by or under this Part or any regulations under this
section, amend any provision of any enactment (whenever
passed or made) relating to the registration of parliamentary
electors or local government electors.

(4) Before making any regulations under this section, the Secretary of
35State must consult the Electoral Commission.

(5) In addition, the power of the Secretary of State to make regulations
under this section so far as relating to matters mentioned in
subsection (2)(c) is exercisable only on, and in accordance with, a
recommendation of the Electoral Commission, except where the
40Secretary of State considers that it is expedient to exercise that power
in consequence of changes in the value of money.

(6) No return of an elected mayor at an election is to be questioned
except by an election petition under the provisions of Part 3 of the
Representation of the People Act 1983 as applied by or incorporated
45in regulations under this section.

Localism BillPage 259

Leader and cabinet executives (England)
9I Election and term of office of leader

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

(a) 5must include provision with respect to the election of the
executive leader, including provision for an election where
there is a vacancy in the office of executive leader, and

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

9IA 10Removal of leader

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

(2) If a council passes a resolution to remove the executive leader, a new
15executive leader is to be elected—

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

(b) at a subsequent meeting.

9IB Leader to continue to hold office as councillor

(1) A person who is the executive leader of a leader and cabinet
20executive (England) remains a member of the council during the
period that the person is the executive leader.

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

(3) This section does not affect anything by which the executive leader
25may cease to be a councillor otherwise than by retirement (including
disqualification or resignation).

9IC No other means of removing leader

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

(2) 30An executive leader may not be removed from office except in
accordance with section 9IA or regulations under section 9ID.

9ID Regulations

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

(a) as to the election and removal from office of executive leaders
35of leader and cabinet executives (England),

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

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

(2) 40Sections 9I to 9IC are subject to regulations under this section.