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Local Government Bill [H.L.] - continued        House of Commons
PART II, ARRANGEMENTS WITH RESPECT TO EXECUTIVES - continued
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Procedure with respect to operation of executive arrangements
Proposals.     24. - (1) Every local authority must-
 
 
    (a) draw up proposals for the operation of executive arrangements, and
 
    (b) send a copy of the proposals to the Secretary of State.
      (2) In drawing up proposals under this section, a local authority must decide-
 
 
    (a) which form the executive is to take, and
 
    (b) which of the functions specified in regulations under section 12(2)(b) are to be the responsibility of the executive.
      (3) In drawing up proposals under this section, a local authority-
 
 
    (a) must take reasonable steps to consult local government electors, and other interested persons, in the authority's area,
 
    (b) must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority's functions are exercised, having regard to a combination of economy, efficiency and effectiveness, and
 
    (c) must comply with any directions given by the Secretary of State.
      (4) Proposals under this section must include-
 
 
    (a) such details of the executive arrangements as the Secretary of State may direct,
 
    (b) a timetable with respect to the implementation of the proposals, and
 
    (c) details of any transitional arrangements which are necessary for the implementation of the proposals.
      (5) A copy of proposals under this section which is sent to the Secretary of State must be accompanied by a statement which describes-
 
 
    (a) the steps which the authority took to consult local government electors, and other interested persons, in the authority's area, and
 
    (b) the outcome of that consultation and the extent to which that outcome is reflected in the proposals.
      (6) The Secretary of State may by order specify a date by which every local authority, or every local authority falling within any description of authority specified in the order, must comply with this section.
 
Proposals not requiring referendum.     25. - (1) Where a local authority's proposals under section 24 do not involve a form of executive for which a referendum is required, the authority must implement the proposals in accordance with the timetable included in the proposals.
 
      (2) Any reference in this Part to a form of executive for which a referendum is required is a reference to-
 
 
    (a) a mayor and cabinet executive,
 
    (b) a mayor and council manager executive, or
 
    (c) a form of executive prescribed in regulations under section 11(6) which is expressed in those regulations to be a form of executive for which a referendum is required.
Referendum in case of proposals involving elected mayor.     26. - (1) Where a local authority's proposals under section 24 involve a form of executive for which a referendum is required, the authority-
 
 
    (a) must hold a referendum on their proposals before taking any steps to implement them, and
 
    (b) must draw up and send to the Secretary of State an outline of the fall-back proposals (referred to in this section as outline fall-back proposals) that they intend to implement if the proposals under section 24 are rejected in a referendum.
      (2) Fall-back proposals are proposals-
 
 
    (a) for the operation of executive arrangements which do not involve a form of executive for which a referendum is required, or
 
    (b) for the operation of alternative arrangements (within the meaning of section 29).
      (3) In drawing up outline fall-back proposals, a local authority must take reasonable steps to consult local government electors, and other interested persons, in the authority's area.
 
      (4) Outline fall-back proposals must include a timetable with respect to the implementation of detailed fall-back proposals which are based on the outline fall-back proposals in the event that the proposals under section 24 are rejected in a referendum.
 
      (5) A local authority must send a copy of their outline fall-back proposals to the Secretary of State at the same time that a copy of the proposals under section 24 is sent to him.
 
      (6) A local authority may not hold a referendum under this section before the end of the period of two months beginning with the date on which a copy of the proposals under section 24 is sent to the Secretary of State.
 
      (7) If the result of a referendum under subsection (1) is to approve a local authority's proposals under section 24, the authority must implement the proposals in accordance with the timetable included in the proposals.
 
      (8) If the result of a referendum under subsection (1) is to reject a local authority's proposals under section 24, the authority-
 
 
    (a) may not implement those proposals,
 
    (b) must draw up detailed fall-back proposals which are based on the outline fall-back proposals, and
 
    (c) must send a copy of the detailed fall-back proposals to the Secretary of State.
      (9) In drawing up outline fall-back proposals or detailed fall-back proposals under this section, a local authority must comply with any directions given by the Secretary of State.
 
      (10) Outline fall-back proposals and detailed fall-back proposals must include such details of the executive arrangements or alternative arrangements to which they relate as the Secretary of State may direct.
 
      (11) Subsections (2)(b), (3)(a) and (b) and (4)(c) of section 24 are to apply to detailed fall-back proposals involving executive arrangements as they apply to proposals under that section.
 
      (12) Subsections (3)(a) and (b) and (4)(c) of that section are to apply to detailed fall-back proposals involving alternative arrangements as they apply to proposals under that section.
 
      (13) A local authority must implement detailed fall-back proposals in accordance with the timetable mentioned in subsection (4).
 
Operation of, and publicity for, executive arrangements.     27. - (1) A resolution of a local authority is required in order for the authority to operate executive 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 the arrangements are available at their principal office for inspection by members of the public at all reasonable hours, and
 
    (b) publish in one or more newspapers circulating in their area a notice which-
 
      (i) states that they have resolved to operate the arrangements,
 
      (ii) states the date on which they are to begin operating the arrangements,
 
      (iii) describes the main features of the arrangements,
 
      (iv) states that copies 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
 
      (v) specifies the address of their principal office.
      (3) A local authority which pass a resolution under this section may not at any subsequent time cease to operate executive arrangements.
 
 
Different and alternative arrangements
Operation of different executive arrangements.     28. - (1) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating executive arrangements ("the existing arrangements") to operate executive arrangements ("the different arrangements") which differ from the existing arrangements in any respect.
 
      (2) The provision which may be made by virtue of subsection (1) includes provision-
 
 
    (a) which applies or reproduces (with or without modifications) any provisions of section 24, 25, 26 or 27,
 
    (b) for or in connection with requiring the consent of an elected mayor under the existing arrangements to the operation of the different arrangements,
 
    (c) with respect to changes to the existing arrangements as a result of changes to the functions which are the responsibility of an executive.
      (3) Nothing in subsection (2) affects the generality of the power under subsection (1).
 
Alternative arrangements.     29. - (1) The Secretary of State may by regulations specify arrangements by a local authority with respect to the discharge of their functions (referred to in this Part as alternative arrangements) which are arrangements of a type-
 
 
    (a) which the Secretary of State considers are likely to ensure that decisions of the authority are taken in an efficient and accountable way, and
 
    (b) which are not permitted by or under section 101 of the Local Government Act 1972 or sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989.
      (2) The arrangements which may be specified by regulations under this section include-
 
 
    (a) arrangements for the discharge of functions of a local authority by individual members of the authority or by individual members of any committee or sub-committee of the authority,
 
    (b) arrangements for the appointment of committees or sub-committees of a local authority the membership of which is determined otherwise than in accordance with the political balance requirements,
 
    (c) arrangements for the appointment of committees or sub-committees of a local authority to review or scrutinise decisions made, or other action taken, in connection with the discharge of functions of the authority.
      (3) Regulations under this section may make provision for the purpose of determining the functions of a local authority which may, may not or must be the subject of alternative arrangements of any particular type.
 
      (4) Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
 
Operation of alternative arrangements.     30. - (1) A resolution of a local authority is required in order for the authority to operate alternative arrangements.
 
      (2) Subsection (2) of section 27 is to apply for the purposes of this section as it applies for the purposes of that section.
 
      (3) A local authority which pass a resolution under this section to operate alternative arrangements may not at any subsequent time cease to operate those arrangements unless, by virtue of any provision made under subsection (5) or section 31, 32 or 33, the authority operate executive arrangements in place of those arrangements.
 
      (4) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which is operating alternative arrangements to alter those arrangements in such ways as may be permitted by the regulations.
 
      (5) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which is operating alternative arrangements to operate executive arrangements in place of the alternative arrangements.
 
      (6) The provision which may be made by virtue of subsection (5) includes provision which applies or reproduces (with or without modifications) any provisions of section 24, 25, 26 or 27.
 
      (7) Nothing in subsection (6) affects the generality of the power under subsection (5).
 
 
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