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

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

(c) 5section 9MC (referendum following petition);

(d) section 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
10kind set out in section 9KB (variation of executive arrangements) if
the local authority is operating a mayor and cabinet executive.

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

15Miscellaneous
9O General

(1) A local authority may not—

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

(b) vary executive arrangements,

20other 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) 25This 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) 30a 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) 35executive arrangements;

(b) a committee system;

(c) any prescribed arrangements.

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CHAPTER 5 Supplementary
Local authority constitution
9P Local authority constitution

(1) A local authority must prepare and keep up to date a document
5(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
being under section 28 of the Localism Act 2011,

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

(d) 10such other information (if any) as the authority considers
appropriate.

(2) In the case of a committee system local authority, the authority’s
constitution must also contain a statement as to whether the
authority has resolved to have an overview and scrutiny committee
15under 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
public at all reasonable hours.

(4) A local authority must supply a copy of its constitution to any person
20who 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
25being issued by the Secretary of State for the purposes of this Part.

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

Interpretation
9R Interpretation of Part 1A

(1) 30In this Part, unless the context otherwise requires—

  • “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,

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

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

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

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

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

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

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

  • 10“local government elector” has the meaning given by section
    270(1) of the Local Government Act 1972,

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

  • “ordinary day of election”, in relation to a local authority, means
    15the day of ordinary elections of councillors of the authority,

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

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

  • 20“second preference vote” has the meaning given by section
    9HC.

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

Type of local authority 25Relevant election years
Metropolitan district 2014 and every fourth year afterwards
County 2013 and every fourth year afterwards
London borough 2014 and every fourth year afterwards
Non-metropolitan district 2011 and every fourth year afterwards

(3) 30Any 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
who (disregarding paragraphs 5B to 5I of Schedule 2 to the
35Local 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
entitled to another style, and

(b) 40in 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.

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(5) Any reference in this Part to the discharge of any functions includes
a reference to the doing of anything which is calculated to facilitate,
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
5function of the passing of a resolution under any provision made by
or under this Part.

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

(8) 10Any directions given by the Secretary of State under any provision of
this 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
15local authorities or different descriptions of local authority.

Part 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

20Mayor 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
local authority which provide for a mayor and cabinet executive.

(2) Subject to section 9C(5), the executive arrangements must include
25provision which enables the elected mayor to determine the
number of councillors who may be appointed to the executive
under section 9C(2)(b).

(3) The executive arrangements must include provision which
requires the elected mayor to appoint one of the members of the
30executive 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
mayor, unless the person resigns as deputy mayor or ceases to be
a member of the authority, is to hold office until the end of the
35term of office of the elected mayor.

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

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

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(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) If for any reason—

(a) 5the 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,

the executive must act in the elected mayor’s place or must
10arrange 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
(England).

(2) 15Subject 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) The executive arrangements must include provision which
20requires 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
25leader 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) 30Where 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
35in 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
40deputy 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
45provision 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
50committees 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) 55The 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
60of 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
659F 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
70any 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
75least 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) 80In 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.

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

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

(a) which relates to any education functions which are the
10responsibility of the authority concerned’s executive, and

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

(6) The Secretary of State may by directions to a relevant authority
require any of the authority’s overview and scrutiny committees
or sub-committees to which this paragraph applies to include
15persons who are appointed, in accordance with the directions, as
representatives of the persons who appoint foundation governors
for the foundation or voluntary schools maintained by the
authority which are not Church of England schools or Roman
Catholic Church schools but which are specified in the directions.

(7) 20Directions under sub-paragraph (6) may make provision with
respect to the voting rights of persons appointed in accordance
with such directions.

8 (1) The Secretary of State may by regulations require an overview and
scrutiny committee or sub-committee to which this paragraph
25applies to include one or more persons elected, in accordance with
the regulations, as representatives of parent governors at
maintained schools which are maintained by the relevant
authority concerned.

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

(a) 30the number of persons who are to be elected in the case of
any relevant authority,

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

(c) 35the circumstances in which persons are qualified or
disqualified for being so elected or for holding office once
elected,

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

(e) 40the application to any such committee or sub-committee,
with or without any modification, of any enactment
(whenever passed or made) relating to committees or (as
the case may be) sub-committees of a local authority,

(f) such other matters connected with such elections or
45persons so elected as the Secretary of State considers
appropriate.

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

(a) enabling the Secretary of State to determine, where the
Secretary of State considers it expedient to do so in view of
50the small number of maintained schools which are

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maintained by a relevant authority, that the requirement
imposed on the committee or sub-committee by virtue of
sub-paragraph (1) is to have effect as if it referred to
representatives of parents of registered pupils (rather than
5representatives of parent governors) at those schools,

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

9 10The following provisions of the Education Act 1996, namely—

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

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

15are to apply to the performance of any duty imposed on a local
authority by virtue of paragraphs 6 to 8 as they apply to the
performance by a local education authority of a duty imposed by
that Act.

10 Except for the expression “local authority”, expressions used in
20paragraphs 6 to 9 and the School Standards and Framework Act
1998 have the same meaning in those paragraphs as in that Act.

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

(2) 25Permission under sub-paragraph (1) may only be given in
accordance with a scheme made by the local authority.

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

(a) provision for a maximum or minimum in relation to the
number of co-opted members of an overview and scrutiny
30committee entitled to vote at meetings of the committee,
and

(b) provision 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
35includes power to vary or revoke such a scheme.

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

12 (1) The Secretary of State may by regulations make provision about
40the exercise of the powers under paragraph 11.

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

(a) to provide for permission to be given only by means of
45approving a proposal by the committee concerned;

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

(i) the person to whom the proposal relates,

(ii) the questions on which it is proposed the person
5should be entitled to vote, and

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

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

(c) 10to provide for a scheme proposal to be made only in
accordance with a published statement of the policy of the
committee concerned about the making of such proposals;

(d) to include such provision about the procedure to be
followed in relation to the approval of scheme proposals as
15the regulations may provide.

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

(4) The Secretary of State may by direction require a local authority to
20vary a voting rights scheme.

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

(2) 25If a local authority makes a scheme for the purposes of paragraph
11, or varies or revokes such a scheme, it must as soon as
reasonably practicable after doing so publish in one or more
newspapers circulating in its area a notice which complies with
this paragraph.

(3) 30In the case of the making of a scheme, the notice under sub-
paragraph (2) must—

(a) record the making of the scheme,

(b) describe what it does,

(c) state that copies of it are available for inspection at the
35principal office of the local authority, and

(d) specify—

(i) the address of that office, and

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

(4) 40In the case of the variation of a scheme, the notice under sub-
paragraph (2) must—

(a) record the variation,

(b) describe what it does,

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

(d) specify—

(i) the address of that office, and

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(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 22

5SCHEDULE 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 10In 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) 15In subsection (5B) after “section” insert “9EC or”.

4 In section 102 (appointment of committees) in subsection (1A)—

(a) for “regulations made under section 18” substitute “section
9E(2)(b)(iv), (3)(b), (4)(a) or (5)(a)”, and

(b) after “Act 2000” insert “or under regulations made under section 18
20of that Act”.

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

6 (1) Section 270(1) (general provisions as to interpretation) is amended as
25follows.

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

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

(b) in relation to Wales,.

(3) 30In the definition of “executive”, “executive arrangements” and “executive
leader” after “have” insert

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

(b) in relation to Wales,.

(4) 35In the definition of “leader and cabinet executive (England)” for “Part 2”
substitute “Part 1A”.

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

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

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(b) in relation to Wales,.

Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

7 In section 5 of the Crime and Disorder Act 1998 (authorities responsible for
crime and disorder strategies etc) in subsection (1D) in paragraph (d) of the
5definition of “the relevant provisions” after “section” insert “9F, 9FA or”.

Local Government Act 2000 (c. 22)Local Government Act 2000 (c. 22)

8 The Local Government Act 2000 is amended as follows.

9 In the heading of Part 2 (arrangements with respect to executives etc) for
Arrangements” substitute “Local authorities in Wales:
10arrangements
”.

10 In section 10 (executive arrangements) after “local authority” (in both places)
insert “in Wales”.

11 (1) Section 11 (forms of local authority executives) is amended as follows.

(2) In subsection (2) for “In the case of any local authority in England or Wales,
15the” substitute “The”.

(3) Omit subsection (2A).

(4) In subsection (3) for “In the case of any local authority in Wales, the”
substitute “The”.

(5) In subsection (5)—

(a) 20for “In the case of a local authority in England or Wales, the”
substitute “The”, and

(b) for “Secretary of State” substitute “Welsh Ministers”.

(6) In subsection (8) after “leader and cabinet executive” insert “(Wales)”.

(7) In subsection (9)—

(a) 25for “Secretary of State” substitute “Welsh Ministers”, and

(b) omit “in relation to Wales”.

(8) Omit subsection (9A).

(9) In subsection (10) omit “(2A)(a) or”.

12 (1) Section 12 (additional forms of executive) is amended as follows.

(2) 30In subsection (1)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) in paragraph (a) for “him” substitute “them”, and

(c) in paragraphs (b) and (d) for “he considers” substitute “they
consider”.

(3) 35In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (3)(a) for “Secretary of State” substitute “Welsh Ministers”.

13 (1) Section 13 (functions which are the responsibility of an executive) is
amended as follows.

(2) In subsection (3) for “Secretary of State” substitute “Welsh Ministers”.