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PART II |
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ARRANGEMENTS WITH RESPECT TO EXECUTIVES |
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Executive arrangements |
| Local authority to decide whether to introduce executive arrangements. |
9. - (1) A local authority may make executive arrangements for the discharge of certain of its functions.
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(2) Nothing in this Part shall have effect in respect of a local authority not making executive arrangements.
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| Executive arrangements. |
10. - (1) In this Part "executive arrangements" means arrangements by a local authority which determines to adopt executive arrangements-
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(a) for and in connection with the creation and operation of an executive of the authority, and |
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(b) under which certain functions of the authority are the responsibility of the executive. |
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(2) Executive arrangements by a local authority must conform with any provisions made by or under this Part which relate to such arrangements.
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Local authority executives |
| Local authority executives. |
11. - (1) An executive of a local authority may take one of the forms specified in subsections (2) to (6).
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(2) It may consist of-
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(a) an elected mayor of the authority, and |
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(b) two or more councillors of the authority appointed to the executive by the elected mayor. |
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Such an executive is referred to in this Part as a mayor and cabinet executive.
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(3) It may consist of-
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(a) a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and |
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(b) two or more councillors of the authority appointed to the executive by one of the following- |
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(i) the executive leader, or
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Such an executive is referred to in this Part as a leader and cabinet executive.
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(4) It may consist of-
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(a) an elected mayor of the authority, and |
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(b) an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority. |
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Such an executive is referred to in this Part as a mayor and council manager executive.
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(5) It may take such form as the local authority considers, after it has taken reasonable steps to consult local government electors and other interested persons in the authority's area, will-
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(a) enhance decision-making, |
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(b) meet the principles of transparency, accountability and efficiency, and |
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(c) be appropriate to local circumstances. |
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(6) It may take any such form as may be prescribed in regulations made by the Secretary of State.
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(7) Regulations under subsection (6) may, in particular, provide for-
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(a) a form of executive each member of which is elected by the local government electors of the authority's area to a specified post in the executive associated with the discharge of particular functions, |
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(b) a form of executive some or all of the members of which are elected by those electors but not to any such post, |
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(c) the system of voting that will be used for elections under paragraph (a) or (b). |
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(8) A local authority executive may not include the chairman or vice-chairman of the authority.
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(9) The number of members of a mayor and cabinet executive or a leader and cabinet executive may not exceed 10.
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(10) The Secretary of State may by regulations amend subsection (9) so as to provide for a different maximum number of members of an executive to which that subsection applies, but the power under this subsection may not be exercised so as to provide for a maximum number which exceeds 10.
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(11) Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under subsection (3)(a) or appointing councillors or an officer to the executive under subsection (3)(b)(ii) or (4)(b).
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