Local Government Bill [H.L.]

Local Government Bill [H.L.] - continued	House of Commons

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	PART II
	ARRANGEMENTS WITH RESPECT TO EXECUTIVES
	Executive arrangements
Executive arrangements.	9. - (1) In this Part "executive arrangements" means arrangements by a local authority-
	(a) for and in connection with the creation and operation of an executive of the authority, and
	(b) under which certain functions of the authority are the responsibility of the executive.
	(2) Executive arrangements by a local authority must conform with any provisions made by or under this Part which relate to such arrangements.
	Local authority executives
Local authority executives.	10. - (1) The executive of a local authority must take one of the forms specified in subsections (2) to (5).
	(2) It may consist of-
	(a) an elected mayor of the authority, and
	(b) two or more councillors of the authority appointed to the executive by the elected mayor.
	Such an executive is referred to in this Part as a mayor and cabinet executive.
	(3) It may consist of-
	(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
	(b) two or more councillors of the authority appointed to the executive by one of the following-
	(i) the executive leader, or
	(ii) the authority.
	Such an executive is referred to in this Part as a leader and cabinet executive.
	(4) It may consist of-
	(a) an elected mayor of the authority, and
	(b) an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority.
	Such an executive is referred to in this Part as a mayor and council manager executive.
	(5) It may take any such form as may be prescribed in regulations made by the Secretary of State.
	(6) Regulations under subsection (5) may, in particular, provide for-
	(a) a form of executive some or all of the members of which are elected by the local government electors for the authority's area to a specified post in the executive associated with the discharge of particular functions,
	(b) a form of executive some or all of the members of which are elected by those electors but not to any such post,
	(c) the system of voting that will be used for elections under paragraph (a) or (b).
	(7) A local authority executive may not include the chairman or vice-chairman of the authority.
	(8) The number of members of a mayor and cabinet executive or a leader and cabinet executive may not exceed 10.
	(9) The Secretary of State may by regulations amend subsection (8) 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.
	(10) 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).
Additional forms of executive.	11. - (1) In deciding whether to make regulations under section 10(5) prescribing a particular form of executive, or which provision to make under section 16 in relation to that form of executive, the Secretary of State must have regard to-
	(a) any proposals made to him under subsection (2),
	(b) the extent to which he considers that the operation by a local authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way,
	(c) the extent to which that form of executive differs from the forms of executive for the time being permitted by or under section 10,
	(d) the number and description of authorities for which he considers that that form of executive, if prescribed in regulations made under section 10(5), would be an appropriate form of executive to consider.
	(2) For the purposes of subsection (1), a local authority may propose to the Secretary of State a form of executive in relation to which the authority consider that the conditions mentioned in subsection (3) are satisfied.
	(3) Those conditions are-
	(a) that the operation by the authority of executive arrangements involving that form of executive would be an improvement on the arrangements which the authority have in place for the discharge of their functions at the time that the proposal is made to the Secretary of State,
	(b) that the operation by the authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way, and
	(c) that that form of executive, if prescribed in regulations made under section 10(5), would be an appropriate form of executive for all local authorities, or for any particular description of local authority, to consider.
	(4) A proposal under subsection (2)-
	(a) must describe the form of executive to which it relates,
	(b) must describe the provision which the authority consider should be made under section 16 in relation to that form of executive, and
	(c) must explain why the authority consider that the conditions mentioned in subsection (3) are satisfied in relation to that form of executive.
	Executive functions
Functions which are the responsibility of an executive.	12. - (1) This section has effect for the purposes of determining the functions of a local authority which are the responsibility of an executive of the authority under executive arrangements.
	(2) Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of a local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.
	(3) The Secretary of State may by regulations make provision for any function of a local authority specified in the regulations-
	(a) to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,
	(b) to be a function which may be the responsibility of such an executive under such arrangements, or
	(c) to be a function which-
	(i) to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and
	(ii) to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.
	(4) Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)-
	(a) to be a function which is to be the responsibility of an executive of the authority,
	(b) to be a function which is not to be the responsibility of such an executive, or
	(c) to be a function which-
	(i) to the extent provided by the arrangements is to be the responsibility of such an executive, and
	(ii) to the extent provided by the arrangements is not to be the responsibility of such an executive.
	(5) The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority-
	(a) to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and
	(b) to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.
	(6) The Secretary of State may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.
	(7) A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the Local Government Act 1972, or any provision of that section, does not apply to that function.
	(8) Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of this section, the responsibility of the executive under such arrangements.
	(9) Any function which is the responsibility of an executive of a local authority under executive arrangements-
	(a) is to be regarded as exercisable by the executive on behalf of the authority, and
	(b) is to be discharged in accordance with any provisions made by or under this Part which relate to the discharge of any such function.
	(10) Any function which is the responsibility of an executive of a local authority under executive arrangements-
	(a) may not be discharged by the authority,
	(b) is not to be a function to which section 101(1) of the Local Government Act 1972 applies, and
	(c) may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 19.
	(11) Subject to any provision made under subsection (12), any function which, under executive arrangements, is not the responsibility of an executive of a local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.
	(12) The Secretary of State may by regulations make provision with respect to the discharge of any function which, under executive arrangements, is not the responsibility of an executive of a local authority (including provision disapplying section 101 of the Local Government Act 1972 or any provision of that section).
	(13) Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.
	(14) In this section-
	"action" in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving-
	(a) the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
	(b) the doing of anything incidental or conducive to the discharge of the function, or
	(c) the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b),
	"function" means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.
	Provisions with respect to executive arrangements
Discharge of functions: mayor and cabinet executive.	13. - (1) Subject to any provision made under section 17, 18 or 19, any functions which, under executive arrangements, are the responsibility of a mayor and cabinet executive are to be discharged in accordance with this section.
	(2) The elected mayor-
	(a) may discharge any of those functions, or
	(b) may arrange for the discharge of any of those functions-
	(i) by the executive,
	(ii) by another member of the executive,
	(iii) by a committee of the executive, or
	(iv) by an officer of the authority.
	(3) Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the elected mayor otherwise directs, the executive may arrange for the discharge of any of those functions-
	(a) by a committee of the executive, or
	(b) by an officer of the authority.
	(4) Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the elected mayor otherwise directs, that member may arrange for the discharge of any of those functions by an officer of the authority.
	(5) Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the elected mayor otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.
	(6) Any arrangements made by virtue of this section by an elected mayor, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the elected mayor, executive, member or committee by whom the arrangements are made from exercising those functions.
Discharge of functions: leader and cabinet executive.	14. - (1) Subject to any provision made under section 17, 18 or 19, any functions which, under executive arrangements, are the responsibility of a leader and cabinet executive are to be discharged in accordance with this section.
	(2) The executive arrangements may make provision with respect to the allocation of any functions which are the responsibility of the executive among the following persons-
	(a) the executive,
	(b) any members of the executive,
	(c) any committees of the executive, and
	(d) any officers of the authority.
	(3) If the executive arrangements make such provision as is mentioned in subsection (2), any person to whom a function is allocated in accordance with that provision may discharge the function.
	(4) If or to the extent that the functions which are the responsibility of the executive are not allocated in accordance with such provision as is mentioned in subsection (2), the executive leader-
	(a) may discharge any of those functions, or
	(b) may arrange for the discharge of any of those functions-
	(i) by the executive,
	(ii) by another member of the executive,
	(iii) by a committee of the executive, or
	(iv) by an officer of the authority.
	(5) Where by virtue of this section any functions may be discharged by a local authority executive, the executive may arrange for the discharge of any of those functions-
	(a) by a committee of the executive, or
	(b) by an officer of the authority.
	(6) Where by virtue of this section any functions may be discharged by a member of a local authority executive, that member may arrange for the discharge of any of those functions by an officer of the authority.
	(7) Where by virtue of this section any functions may be discharged by a committee of a local authority executive, the committee may arrange for the discharge of any of those functions by an officer of the authority.
	(8) Where the executive leader makes any arrangements under subsection (4)(b)(i), (ii) or (iii), he may direct, at that or any subsequent time, that subsection (5), (6) or (7) (as the case may be) is not to apply to any of the functions which are the subject of those arrangements or is not to apply to any of those functions in such cases or circumstances as he may direct.
	(9) Any arrangements made by virtue of this section by an executive leader, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the executive leader, executive, member or committee by whom the arrangements are made from exercising those functions.
	(10) The reference in subsection (2)(b) to the members of the executive includes a reference to the executive leader, and subsection (6) in its application for the purposes of subsection (2)(b) is to be construed accordingly.
Discharge of functions: mayor and council manager executive.	15. - (1) Subject to any provision made under section 17, 18 or 19, the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.
	(2) The council manager-
	(a) may discharge any of those functions, or
	(b) may arrange for the discharge of any of those functions-
	(i) by the executive, or
	(ii) by an officer of the authority.
	(3) In deciding-
	(a) whether or how to exercise any functions, or
	(b) whether to arrange for any functions to be discharged by the executive or an officer of the authority,
	the council manager must have regard to any advice given by the elected mayor.
	(4) Where by virtue of this section any functions may be discharged by the executive of a local authority, the executive may arrange for the discharge of any of those functions by an officer of the authority.
	(5) Any arrangements made by virtue of this section by a council manager or executive for the discharge of any functions by an executive or officer are not to prevent the council manager or executive by whom the arrangements are made from exercising those functions.

Prepared 21 June 2000