Localism Bill (HL Bill 100)

CHAPTER 3 The committee system

9J Secretary 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
5authority 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
10discharge 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
15is 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
20not 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
25State 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)

  30the 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)

  35the 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
  40force.

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) 45The 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
5joint 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 9FI or paragraphs 6 to 13
10of Schedule A1.

9JB Overview and scrutiny: flood risk management

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

(a) 15flood risk management functions, or

(b) coastal erosion risk management functions,

which may affect the local authority’s area.

(2) A local authority may issue such reports and recommendations as it
considers appropriate in the course of exercising the function in
20subsection (1).

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

(a) information;

(b) 25a response to a report.

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

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

(b) 30about 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
be requested, and

(f) 35about 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) Expressions used in this section have the same meaning as in Part 1
of the Flood and Water Management Act 2010.

CHAPTER 4 Changing governance arrangements

Changes to governance arrangements by local authorities: general provision

9K Changing from one form of governance to another

(1) A local authority may—

(a) 5cease 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
executive).

9KA 10Executive 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) if it makes such a variation, vary the arrangements in such
15other 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 Executive arrangements: other variation of arrangements

20A local authority which operates executive arrangements may vary
those arrangements so that they—

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

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

9KC Resolution of local authority

(1) 25A resolution of a local authority is required in order for the authority
to make a change in governance arrangements.

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

(a) secure that copies of a document setting out the provisions of
30the 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
notice which—

(i) 35states 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) states that copies of a document setting out the
40provisions 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) specifies the address of the authority’s principal
office.

(3) 5Subsection (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) section 9K (change from one form of governance to another),
or

(b) 10section 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
subsection (3) (“Resolution B”) before the end of the period of 5 years
beginning with the date Resolution A is passed, unless Resolution B
15is 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).

20Implementation 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) 25section 9K (change from one form of governance to another),
or

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

(2) At a relevant change time, the local authority must—

(a) cease operating the old form of governance or (as the case
30may 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) Subject to subsection (2) and section 9MB(2), the local authority may
35take steps for the purposes of preparing for the change or
implementing it (including steps relating to transitional
arrangements).

(4) If the local authority is not currently operating a mayor and cabinet
executive and the change does not provide for the local authority to
40operate a mayor and cabinet executive, a “relevant change time” for
the purposes of subsection (2) is a time during—

(a) the first annual meeting of the local authority to be held after
the resolution to make the change in governance
arrangements is passed, or

(b) 45a later annual meeting of the local authority specified in that
resolution.

(5) If the local authority is not currently operating a mayor and cabinet
executive and the change provides for the local authority to operate
a mayor and cabinet executive, a “relevant change time” for the
purposes of subsection (2) is—

(a) 5a time during the third day after the day of the declaration of
the result of the poll at the first election of the mayor, or

(b) if a person is returned as the mayor at that first election
without a poll being taken, a time during the third day after
the day on which a poll would have been taken.

(6) 10If the local authority is currently operating a mayor and cabinet
executive and the change provides for the local authority to cease to
operate a mayor and cabinet executive, a “relevant change time” for
the purposes of subsection (2) is a time during the third day after the
day on which the next ordinary election of a mayor was expected to
15be held when the resolution to make the change in governance
arrangements was passed.

Referendums

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

(1) 20A change in governance arrangements which a local authority
proposes to make by resolution is subject to approval in a
referendum in either of the following cases.

(2) The first case is where—

(a) the proposed change in governance arrangements is of a kind
25set out in—

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

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

(b) 30the implementation of the local authority’s existing form of
governance or existing form of executive was approved in a
referendum under this Chapter.

(3) The second case is where the local authority resolves that a proposed
change in governance arrangements is to be subject to approval in a
35referendum.

9MA Referendum: proposals by local authority

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

(2) 40The local authority must draw up proposals for the change.

(3) The proposals must include—

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

(b) details of any transitional arrangements which are necessary
45for the implementation of the proposals, and

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

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

(a) 5section 9K (change from one form of governance to another),
or

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

(5) If the proposed change in governance arrangements would result in
the local authority having executive arrangements, the proposals
10must state the extent to which the functions specified in regulations
under section 9D(3)(b) are to be the responsibility of the executive
which will be operated if the proposals are implemented.

(6) The proposals (particularly any provision about timetables and
transitional matters included in accordance with subsection (3))
15must be such as to ensure that the proposed change can take effect
(so far as required to) in accordance with section 9L(2).

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

(a) secure that copies of a document setting out the proposals are
available at its principal office for inspection by members of
20the public at all reasonable times, and

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

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

(ii) describes the main features of the proposals,

(iii) 25states 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) specifies the address of the authority’s principal
30office.

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
referendum under section 9M.

(2) 35The 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
proposed change unless the result of the referendum is to approve
40the 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
convened for the purpose of deciding the resolution with notice of
45the 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
which complies with the provisions of the regulations to hold a
5referendum, 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
provision—

(a) 10as 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
presented to the authority during any period specified in the
15regulations,

(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
presented to the authority,

(d) 20as 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) as to the action which may, may not or must be taken by a
25local 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
30must be held,

(i) as to the action which may, may not or must be taken by a
local 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) 35for 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
that action.

(3) Provision made by virtue of subsection (2) may, in particular, apply
40or reproduce (with or without modifications) any provisions of, or
made under, this Chapter.

(4) The 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
45otherwise provide) is to be 5 per cent of the number of local
government electors at each of those times.

(5) This section is subject to section 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
connection with enabling the Secretary of State, in such
circumstances as may be prescribed in the regulations, to direct a
5local 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
provision—

(a) as to the date on which, or the time by which, a referendum
10must 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) as to the action which may, may not or must be taken by a
local authority after a referendum, and

(d) 15for 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
that action.

(3) Provision made by virtue of subsection (2) may, in particular, apply
20or 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
giving effect to, referendum on change to mayor and cabinet
executive).

9ME 25Referendum 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
they should have a relevant type of governance arrangements
30specified 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) as to the action which may, may not or must be taken by a
35local 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
the event of any failure by a local authority to take any action
40permitted 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
made under, this Chapter.

(4) 45This 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) If a local authority holds a referendum under this Chapter
(“Referendum A”) it may not hold, or be required to hold, another
referendum under this Chapter (“Referendum B”) within the period
5of ten years beginning with the date of Referendum A, unless
subsection (2) or (3) applies.

(2) This subsection applies if—

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

(b) the 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
15virtue of an order made under section 9N.

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

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

(6) Subsections (4) and (5) do not apply to a referendum held by virtue
25of section 9N (but see section 9N(2)(c)).

9MG Voting 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
30councillors for an electoral area which is situated within the
authority’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
35conduct of referendums under this Chapter.

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

(4) Regulations under subsection (1) or (2) may apply or incorporate,
40with or without modifications or exceptions, any provision of any
enactment (whenever passed or made) relating to elections or
referendums.

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

(a) 45as to the question to be asked in a referendum,

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

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

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

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

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

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

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

Further provisions as to mayor and cabinet executive

9N Requiring referendum on change to mayor and cabinet executive

(1) The Secretary of State may by order require a specified local
20authority to hold a referendum on whether the authority should
operate 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) 25as 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 effect of a referendum and the action which may,
may not or must be taken by a local authority after a
referendum,

(d) 30for 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) Provision made by virtue of subsection (2) may, in particular, apply
35or 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 this section.

9NA Effect of section 9N order

(1) 40Subject 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 operate a mayor and cabinet
executive has been rejected in the referendum held under the order.

(2) 45Those provisions are—