Local Government (Experimental Arrangements) Bill

House of Commons

Session 1997-98
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Arrangement of Clauses (Contents)

Local Government (Experimental Arrangements) Bill

[NOTE: The words marked in bold type were inserted by the Lords to avoid questions of privilege.]

A
B I L L
INTITULED
An Act to enable local authorities to operate experimental arrangements with respect to the way in which they take decisions, including arrangements with respect to elected mayors and the discharge of functions by single members of authorities; to provide for periodic reviews by local authorities of their decision-making arrangements; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Experimental decision-making arrangements.     1. - (1) In this Act "experimental decision-making arrangements" means arrangements by a local authority for or in connection with the discharge of any of their functions, being arrangements-

(a) which, in the opinion of the authority, are likely to improve the decision-making process; and

(b) which, because they include any of the arrangements mentioned in subsection (2) below, would not be permitted apart from the provisions of this Act.

    (2) The arrangements referred to in subsection (1)(b) above are-

(a) arrangements with respect to an elected mayor;

(b) arrangements for the discharge of any of the functions of the authority by an elected mayor acting alone;

(c) arrangements for the discharge of any of the functions of the authority by one or more ordinary members of the authority acting alone;

(d) arrangements for the appointment of one or more ordinary committees of the authority-

(i) the membership of which is determined otherwise than in accordance with the political balance requirements but does not include the chairman of the authority; and

(ii) some or all of the members of which are able, acting alone, to discharge any of the functions of the authority;

(e) arrangements for the appointment of one or more ordinary committees of the authority, the membership of which is determined otherwise than in accordance with the political balance requirements; and

(f) arrangements for the appointment of one or more advisory committees of the authority, the membership of which is determined otherwise than in accordance with the political balance requirements.

    (3) Experimental decision-making arrangements may also include arrangements-

(a) enabling an executive elected mayor, or an executive ordinary member, to make arrangements for the discharge by an ordinary member acting alone, or by an ordinary committee or an officer of the authority, of any functions of the authority which the executive elected mayor or executive ordinary member is able, acting alone, to discharge;

(b) enabling an ordinary committee of the authority to make arrangements for the discharge by an elected mayor, or an ordinary member, acting alone, of any functions of the authority which the committee is able to discharge;

(c) enabling the social services committee of the authority to make arrangements for the discharge by another ordinary committee or an officer of the authority of any functions of the authority which the social services committee is able to discharge; and

(d) for an executive ordinary member of the authority to be the mayor of the authority if, but only if, the experimental decision-making arrangements do not include arrangements for an elected mayor.

    (4) Experimental decision-making arrangements may not include arrangements for the discharge by an ordinary member, or an elected mayor, of any functions of a local authority which, by virtue of any enactment, may be discharged only by the authority or by an officer of the authority.

    (5) Except where they include only such arrangements as are mentioned in subsection (2)(f) above, experimental decision-making arrangements must include arrangements-

(a) for the appointment of one or more scrutiny committees of a local authority to scrutinise the discharge of any functions of the authority to which the experimental decision-making arrangements relate; and

(b) enabling that or those scrutiny committees, in such cases or circumstances as the arrangements provide, to recommend that a proposed or future discharge of any such function be considered by the authority before the function is discharged.

    (6) Experimental decision-making arrangements may not include arrangements for the membership of any scrutiny committee of a local authority to be determined otherwise than in accordance with the political balance requirements.

    (7) In determining for the purposes of this Act whether arrangements by a local authority are likely to improve the decision-making process, regard shall be had, in particular, to the extent to which the arrangements-

(a) are likely to lead to decisions of the authority being taken in a more efficient, effective, open and accountable way;

(b) are likely to lead to decisions of the authority being taken with greater regard to the views of local government electors and other interested persons in the authority's area; and

(c) include provision for members of the authority to scrutinise the discharge of any functions to which the arrangements relate.

    (8) Any reference in this section to the discharge of any of the functions of a local authority includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

    (9) In this section-

"advisory committee", in relation to a local authority, means a committee appointed by the authority under section 102(4) of the Local Government Act 1972, and includes a reference to a sub-committee appointed by such a committee;

"elected mayor", in relation to a local authority, means an individual elected for the whole of the authority's area by the local government electors for that area;

"executive elected mayor", in relation to a local authority, means an elected mayor who under experimental decision-making arrangements is able, acting alone, to discharge any of the functions of the authority;

"executive ordinary member", in relation to a local authority, means an ordinary member of the authority who under experimental decision-making arrangements is able, acting alone, to discharge any of the functions of the authority;

"local government elector" has the meaning given by section 270(1) of the Local Government Act 1972;

"ordinary committee", in relation to a local authority, means the authority's social services committee or any committee appointed by the authority under section 102(1)(a) of the Local Government Act 1972, and includes a reference to a sub-committee appointed by such a committee;

"ordinary member", in relation to a local authority, means a member of the authority who is neither the chairman nor an elected mayor;

"the political balance requirements" means the provisions of sections 15 and 16 of the Local Government and Housing Act 1989;

"scrutiny committee", in relation to a local authority, means any ordinary committee of the authority which is appointed to scrutinise the discharge of any functions of the authority;

"social services committee", in relation to a local authority, means any committee established by the authority under section 2 of the Local Authority Social Services Act 1970.

    (10) In relation to a London borough, any reference in this section to the chairman shall be taken as a reference to the person referred to in Part I of Schedule 2 to the Local Government Act 1972 as the mayor.

Review of decision-making arrangements.     2. - (1) Every local authority shall not less than once every four years after the commencement of this Act conduct a review of the efficiency, effectiveness, openness and accountability of their decision-making arrangements.

    (2) In conducting a review under this section, a local authority shall take reasonable steps to consult local government electors, and other interested persons, in the authority's area.

    (3) A local authority shall within six months of the completion of a review under this section-

(a) prepare a report on that review; and

(b) consider that report.

    (4) A local authority's function with respect to the consideration of any report under this section shall be discharged only by the authority.

Guidance.     3. - (1) In formulating experimental decision-making arrangements, a local authority shall have regard to any guidance from time to time issued by the Secretary of State.

    (2) Guidance under this section shall (in particular) include provision with respect to-

(a) freedom of information;

(b) access to information;

(c) the functions of scrutiny committees;

(d) the cases or circumstances in which scrutiny committees may make recommendations as mentioned in section 1(5)(b) above.

Applications for approval of experimental decision-making arrangements.     4. - (1) If a local authority resolve to do so, they may apply to the Secretary of State for his approval to their operation of experimental decision-making arrangements for a period not exceeding eight years.

    (2) Before passing such a resolution as is referred to in subsection (1) above in respect of experimental decision-making arrangements, a local authority shall take reasonable steps to inform and consult local government electors, and other interested persons, in the authority's area about the main features of the arrangements.

    (3) An application by a local authority for the approval of experimental decision-making arrangements-

(a) must be made in writing;

(b) must be accompanied by a copy of the resolution referred to in subsection (1) above;

(c) must describe the arrangements;

(d) must be accompanied by a copy of a report which describes the steps that the authority took under subsection (2) above and which summarises the views that were expressed to the authority about the arrangements;

(e) must specify the length of the period for which it is proposed to operate the arrangements;

(f) must specify the date from which the authority propose to operate the arrangements;

(g) must be accompanied by a draft of the standing orders of the authority which are necessary or expedient for or in connection with the operation of the arrangements;

(h) must indicate the modifications of enactments which the authority think are necessary or expedient for or in connection with the operation of the arrangements;

(i) must explain why the authority think that the arrangements are likely to improve the decision-making process; and

(j) must contain such other information, and be accompanied by such other documents, as are relevant to the application.

    (4) A local authority-

(a) in describing the arrangements which are the subject of an application under this section, or

(b) in determining which information and documents are relevant to such an application,

shall have regard to any guidance from time to time issued by the Secretary of State.

    (5) The Secretary of State's refusal of an application by a local authority under this section shall not prevent the local authority from making a further application under this section.

Approval of applications under section 4.     5. - (1) The Secretary of State shall not approve an application under section 4 above unless-

(a) he is satisfied that the application complies with the requirements of that section; and

(b) he has consulted-

(i) the Audit Commission, and

(ii) the Local Government Association or such other representatives of local government as appear to him to be appropriate.

    (2) In deciding whether or not to approve an application under section 4 above, the Secretary of State shall have regard-

(a) to the likelihood that the experimental decision-making arrangements will improve the decision-making process; and

(b) to the extent to which the experimental decision-making arrangements have been formulated in accordance with any guidance for the time being issued under section 3 above.

    (3) Where the Secretary of State approves an application under section 4 above-

(a) he shall make an order which permits the local authority to operate the experimental decision-making arrangements; and

(b) he shall not approve any other application by the authority under that section.

    (4) An order under this section-

(a) shall specify the period for which the local authority may operate the arrangements ("the experimental period"), which must not exceed eight years;

(b) shall specify the date on which the experimental period is to begin;

(c) may specify and give effect to such of the modifications of enactments set out in the Schedule to this Act as the Secretary of State thinks necessary or expedient for or in connection with the operation of the arrangements;

(d) may make such other modifications of those or any other enactments as the Secretary of State, after consultation with the local authority, thinks necessary or expedient for or in connection with the operation of the arrangements;

(e) shall provide that any modifications of enactments specified or included in the order are to have effect only in relation to the authority;

(f) shall describe the period for which any modifications of enactments specified or included in the order are to have effect;

(g) may provide for such member of the authority as may be described by the order to be the mayor of the authority;

(h) shall specify the conditions (if any) subject to which the local authority may operate the arrangements; and

(i) may make such supplemental, incidental, consequential or transitional provision (including provision modifying enactments) as the Secretary of State thinks necessary or expedient.

    (5) Without prejudice to subsection (4)(e) and (f) above, an order under this section may provide for any modifications of enactments specified or included in the order to have effect only to the extent specified in the order.

    (6) The provision which may be included in an order under this section includes provision enabling the election of an elected mayor before the beginning of the experimental period but only so as to permit the elected mayor to take office on or after the date on which the experimental period begins.

    (7) Different provision may be made under subsections (4)(f) and (5) above in relation to different modifications of enactments.

    (8) The references in subsections (4)(d) to (f), (5) and (7) above to modifications of enactments, and the reference in subsection (4)(i) above to provision modifying enactments, include a reference to provision applying enactments with or without modifications.

    (9) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Operation of, and publicity for, experimental decision-making arrangements.     6. - (1) This section applies where an order is made under section 5 above which permits a local authority to operate experimental decision-making arrangements.

    (2) The local authority may resolve to operate the arrangements for the experimental period or for such lesser period, ending with the end of the experimental period, as may be specified in the resolution.

    (3) Subject to the following provisions of this Act, where the local authority pass such a resolution-

(a) they shall operate the arrangements for the experimental period or, as the case may be, for the lesser period specified in the resolution; and

(b) they may not vary the arrangements.

    (4) As soon as practicable after passing such a resolution the local authority shall comply with subsections (5) and (6) below.

    (5) They shall secure that copies of the order, and of a document setting out the provisions of the arrangements, are available at their principal office for inspection by members of the public at all reasonable hours.

    (6) They shall publish in one or more newspapers circulating in their area a notice-

(a) stating that they have resolved to operate the arrangements;

(b) specifying the period for which the arrangements are to be operated;

(c) describing the main features of the arrangements;

(d) stating that copies of the order, and of a document setting out the provisions of the arrangements, are available at their principal office for inspection by members of the public at such times as may be specified in the notice; and

(e) specifying the address of their principal office.

    (7) In this section "the experimental period" has the meaning given by section 5(4)(a) above.

Applications for extension or variation of experimental decision-making arrangements.     7. - (1) This section applies where a local authority are, in accordance with the provisions of this Act, operating experimental decision-making arrangements ("the existing arrangements").

    (2) If the local authority resolve to do so, they may apply to the Secretary of State for his approval-

(a) to an extension of the experimental period by a period not exceeding four years;

(b) to their operation of experimental decision-making arrangements ("varied arrangements") which differ to any extent from the existing arrangements; or

(c) to an extension of the experimental period by a period not exceeding four years and to their operation of varied arrangements.

    (3) Before passing such a resolution as is referred to in subsection (2) above in respect of an application under paragraph (b) or (c) of that subsection, a local authority shall take reasonable steps to inform and consult local government electors, and other interested persons, in the authority's area about the main features of the varied arrangements.

    (4) Where the existing order includes such provision as is mentioned in section 5(4)(g) above, the local authority may not pass such a resolution as is referred to in subsection (2) above without the written consent of the person who, by virtue of such provision, is the mayor of the authority.

    (5) An application under this section-

(a) must be made in writing;

(b) must be accompanied by a copy of-

(i) the resolution referred to in subsection (2) above;

(ii) any written consent required by subsection (4) above;

(iii) the application made under this Act by virtue of which the authority are operating the existing arrangements; and

(iv) any reports relating to the authority under section 12 below; and

(c) must comply with such of subsections (6) to (8) below as are applicable.

    (6) An application under subsection (2)(a) above must describe the advantages which have resulted from the operation of the existing arrangements.

    (7) An application under subsection (2)(a) or (c) above must specify the period by which the experimental period is to be extended.

    (8) An application under subsection (2)(b) or (c) above-

(a) must explain why the authority wish to operate the varied arrangements in place of the existing arrangements;

(b) must describe the varied arrangements;

(c) must be accompanied by a copy of a report which describes the steps that the authority took under subsection (3) above and which summarises the views that were expressed to the authority about the varied arrangements;

(d) must explain the difference between the existing arrangements and the varied arrangements;

(e) must specify the date from which the authority propose to operate the varied arrangements;

(f) must be accompanied by a draft of the standing orders of the authority which are necessary or expedient for or in connection with the operation of the varied arrangements;

(g) must indicate the modifications of enactments which the authority think are necessary or expedient for or in connection with the operation of the varied arrangements; and

(h) must contain such other information, and be accompanied by such other documents, as are relevant to the application.

    (9) A local authority-

(a) in describing the arrangements which are the subject of an application under subsection (2)(b) or (c) above, or

(b) in determining which information and documents are relevant to such an application,

shall have regard to any guidance from time to time issued by the Secretary of State.

    (10) The Secretary of State's refusal of an application by a local authority under this section shall not prevent the local authority from making a further application under this section.

    (11) In subsection (1) above the reference to experimental decision-making arrangements which a local authority are operating in accordance with the provisions of this Act includes a reference to experimental decision-making arrangements which the authority are so operating as a result of a resolution passed by the authority under section 10 or 11 below.

    (12) In this section-

"existing order", in relation to a local authority, means the order under this Act which permits the authority to operate the existing arrangements;

"the experimental period" has the meaning given by section 5(4)(a) above.

© Parliamentary copyright 1998
Prepared 20 February 1998