Local Government Bill [H.L.]

Local Government Bill [H.L.] - continued	House of Commons
PART II, ARRANGEMENTS WITH RESPECT TO EXECUTIVES - continued
Different and alternative arrangements - continued

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Alternative arrangements.	30. - (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, transparent 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.	31. - (1) A local authority may not operate alternative arrangements unless required to do so by virtue of any provision made by or under this Part.
	(2) A resolution of a local authority is required in order for the authority to operate alternative arrangements.
	(3) Subsection (2) of section 28 is to apply for the purposes of this section as it applies for the purposes of that section.
	(4) 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 (6) or section 32, 33 or 34, the authority operate executive arrangements in place of those arrangements.
	(5) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating alternative arrangements to alter those arrangements in such ways as may be permitted by the regulations.
	(6) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating alternative arrangements to operate executive arrangements in place of the alternative arrangements.
	(7) The provision which may be made by virtue of subsection (6) includes provision which applies or reproduces (with or without modifications) any provisions of section 24, 25, 26, 27 or 28.
	(8) Nothing in subsection (7) affects the generality of the power under subsection (6).
	Referendums
Referendum following petition.	32. - (1) The Secretary of State may by regulations make provision for or in connection with requiring a local authority which receive a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should operate executive arrangements involving a form of executive for which a referendum is required.
	(2) The provision which may be made by regulations under subsection (1) includes provision-
	(a) as to the form and content of petitions (including provision for petitions in electronic form),
	(b) as to the minimum number of local government electors for a local authority's area who must support any petition presented to the authority during any period specified in the regulations,
	(c) for or in connection with requiring the proper officer of a local authority to publish the number of local government electors for the authority's area who must support any petition presented to the authority,
	(d) as to the way in which local government electors for a local authority's area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),
	(e) as to the action which may, may not or must be taken by a local authority in connection with any petition,
	(f) as to the manner in which a petition is to be presented to a local authority,
	(g) as to the verification of any petition,
	(h) as to the date on which, or the time by which, a referendum must be held,
	(i) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
	(j) as to the action which may, may not or must be taken by a local authority after a referendum, and
	(k) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
	(3) The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of sections 24, 26, 27, 28 or 31.
	(4) The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent. of the number of local government electors at each of those times.
	(5) Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
Referendum following direction.	33. - (1) The Secretary of State may by regulations make provision for or in connection with enabling him, in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 10 as may be specified in the direction.
	(2) The provision which may be made by regulations under this section includes provision-
	(a) as to the date on which, or the time by which, a referendum must be held,
	(b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
	(c) as to the action which may, may not or must be taken by a local authority after a referendum, and
	(d) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
	(3) The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 24, 26, 27, 28 or 31.
	(4) Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
Power to require referendum.	34. - (1) The Secretary of State may by order make provision requiring every local authority, or every local authority falling within any description of authority specified in the order, to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 10 as may be specified in the order.
	(2) The provision which may be made by an order under this section includes provision-
	(a) as to the date on which, or the time by which, a referendum must be held,
	(b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
	(c) as to the action which may, may not or must be taken by a local authority after a referendum,
	(d) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
	(3) The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of sections 24, 26, 27, 28 or 31.
	(4) Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
	Local authority constitution
Information with respect to discharge of functions etc.	35. - (1) A local authority which are operating executive arrangements or alternative arrangements must prepare and keep up to date a document (referred to in this section as their constitution) which contains-
	(a) such information with respect to the discharge of their functions as the Secretary of State may direct,
	(b) a copy of the authority's standing orders for the time being,
	(c) a copy of the authority's code of conduct for the time being under section 48, and
	(d) such other information (if any) as the authority consider appropriate.
	(2) A local authority must ensure that copies of their constitution are available at their principal office for inspection by members of the public at all reasonable hours.
	(3) A local authority must supply a copy of their constitution to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.

Prepared 21 June 2000