Local Government (Experimental Arrangements) Bill

Local Government (Experimental Arrangements) Bill - continued	House of Commons

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S C H E D U L E

MODIFICATIONS OF ENACTMENTS WHICH MAY BE SPECIFIED IN AN ORDER UNDER SECTION 5 OR 8

Section 4 of the Local Authority Social Services Act 1970

1. - (1) Section 4 of the Local Authority Social Services Act 1970 (joint committees and sub-committees) shall be amended as follows.

(2) At the appropriate place there shall be inserted the following subsection-

"(2A) A social services committee of a single local authority may delegate to an elected mayor any of the functions of the committee."

(3) At the appropriate place there shall be inserted the following subsection-

"(2B) A social services committee of a single local authority may delegate to an ordinary member of the authority any of the functions of the committee."

(4) At the appropriate place there shall be inserted the following subsection-

"(2C) A social services committee of a single local authority may delegate to an officer of the authority any of the functions of the committee."

(5) At the appropriate place there shall be inserted the following subsection-

"(2D) A social services committee of a single local authority may delegate to another ordinary committee of the authority any of the functions of the committee."

(6) After subsection (3) there shall be inserted-

"(3A) Subsection (9) of section 1 of the Local Government (Experimental Arrangements) Act 1998 (interpretation) shall apply for the purposes of this section as it applies for the purposes of that section."

Section 3 of the Local Government Act 1972

2. - (1) Section 3 of the Local Government Act 1972 (chairman of principal council in England) shall be amended as follows.

(2) In subsection (4) (precedence of chairman of district council) for "chairman" there shall be substituted "mayor".

Section 6 of the Local Government Act 1972

3. - (1) Section 6 of the Local Government Act 1972 (election of councillors in England) shall be amended as follows.

(2) In subsection (2) after "For the purposes of the election of councillors" there shall be inserted "(other than an elected mayor)".

(3) After that subsection there shall be inserted-

"(2A) For the purposes of the election of an elected mayor there shall be a separate election for the whole of the principal area."

Section 22 of the Local Government Act 1972

4. - (1) Section 22 of the Local Government Act 1972 (chairman of principal council in Wales) shall be amended as follows.

(2) In subsection (4) (precedence of chairman of principal council) for "chairman" there shall be substituted "mayor".

Section 25 of the Local Government Act 1972

5. - (1) Section 25 of the Local Government Act 1972 (election of councillors in Wales) shall be amended as follows.

(2) In subsection (2) after "For the purposes of the election of councillors" there shall be inserted "(other than an elected mayor)".

(3) After subsection (3) there shall be inserted-

"(3A) For the purposes of the election of an elected mayor there shall be a separate election for the whole of the principal area."

Section 25A of the Local Government Act 1972

6. Section 25A of the Local Government Act 1972 (title of chairman or vice-chairman of county borough council) shall be omitted.

Section 94 of the Local Government Act 1972

7. - (1) Section 94 of the Local Government Act 1972 (disability of members of authorities for voting on account of interest in contracts etc) shall be amended as follows.

(2) After subsection (1) there shall be inserted-

	"(1A) Subsection (1B) below applies where-
	(a) arrangements are made under section 101 below or section 4 of the Local Authority Social Services Act 1970 for the discharge of any function of a local authority by a single member of the authority; and
	(b) it comes to the knowledge of the member that he has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter which relates in any way to the discharge of that function.
	(1B) Where this subsection applies-
	(a) the member shall as soon as practicable give notice in writing to the authority of the fact that he has such an interest as is mentioned in subsection (1A)(b) above;
	(b) he shall not discharge the function so far as it relates to the contract or other matter; and
	(c) he shall not, in his capacity as a member of the authority, take part in any consideration of, discussion about, or decision on, the contract or other matter."

(3) After subsection (2) there shall be inserted-

"(2A) If any person fails to comply with the provisions of subsection (1B) above he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale."

Section 100E of the Local Government Act 1972

8. - (1) Section 100E of the Local Government Act 1972 (application of sections 100A to 100D to committees and sub-committees) shall be amended as follows.

(2) At the beginning of subsection (1) there shall be inserted "Subject to the following provisions of this section,".

(3) After subsection (2) there shall be inserted-

	"(2A) Subsections (2B) to (2D) below shall apply to a committee or sub-committee the membership of which is determined otherwise than in accordance with the provisions of sections 15 and 16 of the Local Government and Housing Act 1989.
	(2B) Section 100A above shall have effect as if it also provided that the public shall be excluded from a meeting of a committee or sub-committee to which this subsection applies if the committee or sub-committee have resolved that the public be excluded from the meeting.
	(2C) Section 100B above shall not apply in relation to a meeting of a committee or sub-committee to which this subsection applies if-
	(a) the meeting is one with respect to which such a resolution as is mentioned in subsection (2B) above has been passed; and
	(b) the committee or sub-committee have resolved that section 100B above shall not apply in relation to the meeting.
	(2D) Section 100C above shall not apply in relation to a meeting of a committee or sub-committee to which this subsection applies if-
	(a) the committee or sub-committee is an advisory committee;
	(b) the meeting is one with respect to which such a resolution as is mentioned in subsection (2B) above has been passed; and
	(c) the committee or sub-committee have resolved that section 100C above shall not apply in relation to the meeting."

Section 100F of the Local Government Act 1972

9. - (1) Section 100F of the Local Government Act 1972 (additional rights of access to documents for members of principal councils) shall be amended as follows.

(2) In subsection (1) (documents relating to business transacted at meeting of principal council, committee or sub-committee open to inspection by any member of the council, subject to subsection (2)) for "shall, subject to subsection (2) below, be open to inspection by any member of the council." there shall be substituted"shall-

	(a) subject to subsection (2) below, be open to inspection by any member of the council; and
	(b) be open to inspection by any member (whether or not a member of the council) of a committee or sub-committee which is appointed to scrutinise the discharge of any functions of the authority."

(3) After subsection (1) there shall be inserted-

	"(1A) Any written record kept by a single member of a principal council under paragraph 45A of Schedule 12 to this Act shall-
	(a) subject to subsection (2) below, be open to inspection by any member of the council; and
	(b) be open to inspection by any member (whether or not a member of the council) of a committee or sub-committee of the council which is appointed to scrutinise the discharge of any functions of the council."

(4) In subsection (2) for "subsection (1) above" there shall be substituted "subsection (1)(a) or (1A)(a) above".

Section 100G of the Local Government Act 1972

10. - (1) Section 100G of the Local Government Act 1972 (principal councils to publish additional information) shall be amended as follows.

(2) After subsection (2) there shall be inserted-

"(2A) So much of any written record kept by a single member of a principal council under paragraph 45A of Schedule 12 to this Act as does not disclose exempt information shall be open to inspection by members of the public at the offices of the council until the expiration of the period of six years beginning with the date on which the function to which the record relates is discharged."

Section 100H of the Local Government Act 1972

11. - (1) Section 100H of the Local Government Act 1972 (supplemental provisions and offences) shall be amended as follows.

(2) In subsection (4) (offence in connection with document required by section 100B(1) or 100C(1) to be open to inspection by public) for "or 100C(1)" there shall be substituted "100C(1) or 100G(2A)".

Section 101 of the Local Government Act 1972

12. - (1) Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) shall be amended as follows.

(2) In subsection (1) (discharge of functions by committee, sub-committee, officer or other local authority) after "any of their functions- " there shall be inserted-

"(aa) by an elected mayor, or".

(3) In that subsection, before paragraph (a) there shall be inserted-

"(ab) by an ordinary member of the authority, or".

(4) After that subsection there shall be inserted-

"(1A) Where by virtue of this section any functions of a local authority may be discharged by an elected mayor, he may arrange for the discharge of any of those functions by an ordinary member, a committee, a sub-committee or an officer of the authority."

(5) Before subsection (2) there shall be inserted-

"(1B) Where by virtue of this section any functions of a local authority may be discharged by an ordinary member of the authority, he may arrange for the discharge of any of those functions by another ordinary member, a committee, a sub-committee or an officer of the authority."

(6) In subsection (2) (committee may arrange for discharge of functions by a sub-committee or officer) after "functions by", in the first place where it occurs, there shall be inserted "an elected mayor,".

(7) In subsection (2) before "a sub-committee", in the first place where it occurs, there shall be inserted "an ordinary member,".

(8) In subsection (4) (arrangements by authority or committee for discharge of any functions by a committee, sub-committee etc shall not prevent authority or committee from exercising functions) for "by a committee" there shall be substituted "by an ordinary member or by a committee,".

(9) After subsection (4) there shall be inserted-

"(4A) Any arrangements made by an elected mayor under this section for the discharge of any functions by an ordinary member, a committee, a sub-committee or an officer of the authority shall not prevent the elected mayor from exercising those functions."

(10) Before subsection (5) there shall be inserted-

"(4B) Any arrangements made by an ordinary member of a local authority under this section for the discharge of any functions by another ordinary member, a committee, a sub-committee or an officer of the authority shall not prevent the ordinary member from exercising those functions."

(11) After subsection (6) there shall be inserted-

	"(6A) A local authority shall not make arrangements under this section for the discharge-
	(a) by a single member of the authority, or
	(b) by a committee or sub-committee of the authority the membership of which is determined otherwise than in accordance with the provisions of sections 15 and 16 of the Local Government and Housing Act 1989,
	of any of the authority's functions with respect to the allowances payable to members of the authority."

(12) In subsection (10) (section shall not authorise local authority to arrange for discharge by any committee, sub-committee or local authority of any functions required to be discharged by specified committee), after "discharge by any" there shall be inserted "elected mayor,".

(13) In subsection (10), before "committee, sub-committee" there shall be inserted "ordinary member,".

Section 245 of the Local Government Act 1972

13. - (1) Section 245 of the Local Government Act 1972 (status of certain districts, parishes and communities) shall be amended as follows.

(2) In subsection (1), paragraph (b) (chairman and vice-chairman of borough council respectively entitled to style of mayor and deputy mayor) shall be omitted.

(3) In subsection (4), paragraph (b) (style of chairman and vice-chairman of district council) shall be omitted.

Section 270 of the Local Government Act 1972

14. - (1) Section 270 of the Local Government Act 1972 (general provision as to interpretation) shall be amended as follows.

(2) In subsection (1)-

(a) after the definition of "Easter Break" there shall be inserted-

""elected mayor" has the meaning given by section 1 of the Local Government (Experimental Arrangements) Act 1998;";

(b) after the definition of "local statutory provision" there shall be inserted-

""mayor", in relation to a local authority, means the person who by virtue of an order under the Local Government (Experimental Arrangements) Act 1998 is the mayor of the authority;";

""ordinary member" has the meaning given by section 1 of the Local Government (Experimental Arrangements) Act 1998;".

(3) In subsection (4)-

(a) paragraph (a) (reference to chairman to be construed as reference to mayor) shall be omitted; and

(b) in paragraph (b), for "deputy mayor" there shall be substituted "deputy chairman".

Schedule 2 to the Local Government Act 1972

15. - (1) Schedule 2 to the Local Government Act 1972 (constitution and membership of London borough councils) shall be amended as follows.

(2) In paragraphs 1(2), 2(1) to (4), 3(1) and 5(1) to (4) (which contain references to the mayor and deputy mayor) for "mayor", in each place where it occurs, there shall be substituted "chairman".

(3) In paragraph 2(5) (precedence of mayor) for "mayor" there shall be substituted "chairman".

(4) In paragraph 7 (electoral divisions and wards) after sub-paragraph (2) there shall be inserted-

"(2A) For the purposes of the election of an elected mayor there shall be a separate election for the whole of the London borough."

Schedule 12 to the Local Government Act 1972

16. - (1) Schedule 12 to the Local Government Act 1972 (meetings and proceedings of local authorities) shall be amended as follows.

(2) In paragraph 5 (person presiding at meetings)-

(a) in sub-paragraph (2)(c), for "deputy mayor" there shall be substituted "deputy chairman"; and

(b) in sub-paragraph (3)(c)-

(i) for "mayor and deputy mayor" there shall be substituted "chairman and deputy chairman"; and

(ii) for "deputy mayor", in the second place where it occurs, there shall be substituted "deputy chairman".

(3) After paragraph 45 there shall be inserted-

{d2}" 45A. In a case where arrangements are made under section 101 above or section 4 of the Local Authority Social Services Act 1970 for the discharge of any functions of a local authority by a single member of the authority, he shall keep a written record of the way in which he has discharged those functions."

Section 36 of the Representation of the People Act 1983

17. - (1) Section 36 of the Representation of the People Act 1983 (local elections in England and Wales) shall be amended as follows.

(2) After subsection (3AC) there shall be inserted-

	"(3AD) Where the polls at-
	(a) the ordinary election of councillors for any electoral area falling within paragraph (b) of the definition of "electoral area" in section 203(1) below, or an election to fill a casual vacancy occurring in the office of such a councillor, and
	(b) the ordinary election of an elected mayor for any electoral area falling within paragraph (a) of that definition, or an election to fill a casual vacancy occurring in the office of such an elected mayor,
	are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together."

Section 203 of the Representation of the People Act 1983

18. - (1) Section 203 of the Representation of the People Act 1983 (local government provisions as to England and Wales) shall be amended as follows.

(2) In subsection (1) (definitions) for the definition of "electoral area" there shall be substituted-

	""electoral area" means-
	(a) in the case of the election of an elected mayor, the local government area for which the election is held under the local government Act; or
	(b) in any other case, any electoral division or ward or, in the case of a parish or community in which there are no wards, the parish or community, for which the election of councillors is held under the local government Act;".

(3) In subsection (1), the following definition shall be inserted at the appropriate place-

""elected mayor" has the meaning given by section 1 of the Local Government (Experimental Arrangements) Act 1998;".

Section 9 of the Local Government and Housing Act 1989

19. - (1) Section 9 of the Local Government and Housing Act 1989 (assistants for political groups) shall be amended as follows.

(2) In subsection (2) (meaning of appointment in pursuance of section) in paragraph (c) (appointment must be to one of not more than three posts created for purposes of section) for "section" there shall be substituted "subsection".

(3) After that subsection there shall be inserted-

	"(2A) An appointment is also an appointment in pursuance of this section if-
	(a) the appointment is made for the purpose of providing assistance, in the discharge of any of his functions, to the mayor of a relevant authority;
	(b) the appointment is to one post which the authority have decided to create for the purposes of this subsection;
	(c) the terms of the appointment are such as to secure that the annual rate of remuneration for the post is less than the relevant amount; and
	(d) the appointment terminates at or before the end of the earlier of-
	(i) the day mentioned in subsection (3) below; or
	(ii) in a case where the mayor is an elected mayor, the last day of the term of office of the elected mayor."

(4) In subsection (4) (relevant amount of remuneration) for "subsection (3)" there shall be substituted "subsection (2A)(c) or (3)".

(5) In subsection (11), after the definition of "appropriate year" there shall be inserted-

	""elected mayor" has the meaning given by section 1 of the Local Government (Experimental Arrangements) Act 1998;
	"mayor", in relation to a relevant authority, means the person who by virtue of an order under the Local Government (Experimental Arrangements) Act 1998 is the mayor of the authority;".

Section 15 of the Local Government and Housing Act 1989

20. Section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) shall be omitted.

Section 16 of the Local Government and Housing Act 1989

21. Section 16 of the Local Government and Housing Act 1989 (duty to give effect to allocations) shall be omitted.

Prepared 20 February 1998