Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 14 — Final provisions
125

(6)
For the purposes of subsection (1) a council which must cease to operate
alternative governance arrangements is a council which is subject to section
33C(2) of the Local Government Act 2000 (c. 22) (inserted by section 41).
176
Short title
This Act may be cited as the Local Government and Public Involvement in
5
Health Act 2007.

126
Local Government and Public Involvement in Health Bill
Schedule 1 — Structural and boundary change: consequential amendments
Part 1 — Amendments of Local Government Act 1992

Schedules
Schedule 1
Section 22

Structural and boundary change: consequential amendments
Part 1
Amendments of Local Government Act 1992
5
1
The Local Government Act 1992 (c. 19) is amended in accordance with this
Part of this Schedule.
2
In section 13 (reviews and recommendations), omit the following—
(a)
subsections (1) and (2);
(b)
subsection (7)(a).
10
3
In section 14 (changes that may be recommended), omit the following—
(a)
in subsection (1)—
(i)
paragraphs (a) and (b);
(ii)
in paragraph (c), the words from “whether” to the end of the
paragraph;
15
(iii)
the words after paragraph (c);
(b)
subsections (2), (3), (5), (6) and (7).
4
In section 15 (procedure on a review), omit the following—
(a)
in subsection (3)(c), the words “or police authority”;
(b)
in subsection (4)(c), the words “or police authority”;
20
(c)
subsection (7A)(a).
5
Omit section 16.
6
In section 17 (implementation of recommendations by order), omit the
following—
(a)
subsection (1);
25
(b)
subsection (2)(a);
(c)
in subsection (3)—
(i)
the words “Subject to subsection (3A) below,”;
(ii)
the words “Electoral Commission or of the”;
(iii)
paragraphs (a), (b), (c), (ea), (g) and (h);
30
(iv)
in paragraph (f), the words from the beginning to “district
councillors,” and the words “for any parish situated in the
district”;
(d)
subsections (3A) and (3B);
(e)
in subsection (4), the words “or in an agreement under section 20
35
below”;

Local Government and Public Involvement in Health Bill
Schedule 2 — Supplementary vote system: consequential amendments
127

(f)
subsections (5) and (6).
7
Omit section 18.
8
In section 19 (regulations for supplementing orders), omit subsection (2).
9
Omit sections 20 to 22.
10
In section 26 (orders, regulations and directions), omit the following—
5
(a)
in subsection (1)—
(i)
paragraphs (a) and (b);
(ii)
in paragraph (c), the words “or relates only to parishes”;
(b)
subsection (2);
(c)
in subsection (3), the words “orders or” in the first place where they
10
occur;
(d)
in subsection (4) the words “order or”;
(e)
subsection (5);
(f)
in subsection (6)—
(i)
the words “the Secretary of State is or”
15
(ii)
the words “he or”;
(iii)
the words “he thinks or”.
Part 2
Other amendments
Local Government Act 1972 (c. 70)
20
11
In section 6(2)(a) of the Local Government Act 1972 (electoral divisions of
non-metropolitan county), after “1992” insert “and section 12(4) of the Local
Government and Public Involvement in Health Act 2007”.
Schedule 2
Section 48

Supplementary vote system: consequential amendments
25
1
Schedule 2 to the Local Government Act 2000 (c. 22) is amended in
accordance with this Schedule.
2
For the title to the Schedule substitute—
“Supplementary vote system”.
3
For paragraph 1 substitute—
30
“1A   (1)
This Schedule applies in relation to the election of the elected
mayor of a local authority if there are three more candidates to be
mayor.
      (2)
The Schedule applies in relation to the election of the elected
executive of a local authority if there are three or more proposed
35
executives.
      (3)
In this Schedule “participant” means—

Local Government and Public Involvement in Health Bill
Schedule 3 — New arrangements for executives: further amendments
128

(a)
in relation the election of an elected mayor: a candidate to
be the elected mayor;
(b)
in relation to the election of an elected executive: a
proposed executive.”.
4
In paragraph 2—
5
(a)
for “candidates to be the elected mayor” substitute “participants”;
(b)
for “candidate” substitute “participant”;
(c)
after “as the elected mayor” insert “or elected executive”.
5     (1)
Paragraph 3 is amended as follows.
      (2)
In sub-paragraph (1) for “candidates to be the elected mayor” substitute
10
“participants”.
      (3)
In sub-paragraphs (2) to (5) for “candidates” in each place substitute
“participants”.
      (4)
In sub-paragraph (6) for “candidate, to give his” substitute “participant, to
give that participant’s”.
15
      (5)
In sub-paragraph (7)—
(a)
for “person” substitute “participant”;
(b)
after “as the elected mayor” insert “or elected executive”;
(c)
for “candidates” substitute “participants”.
      (6)
In sub-paragraph (8)—
20
(a)
for “candidates” substitute “participants”;
(b)
after “as the elected mayor” insert “or elected executive”.
Schedule 3
Section 52

New arrangements for executives: further amendments
1
The Local Government Act 2000 (c. 22) is amended in accordance with this
25
Part.
2
In section 29 (operation of and publicity for executive arrangements), in
subsection (3) after “A local authority” insert “in Wales”.
3
In section 30 (operation of different executive arrangements), in subsection
(1) after “a local authority” insert “in Wales”.
30
4
In section 33 (operation of alternative arrangements), before subsection (1)
insert—
“(A1)
In this section references to a local authority are references to a local
authority in Wales.”
5
In section 83 (interpretation of Part 3)—
35
(a)
in the definition of “elected mayor” and “elected executive member”,
for “and (4)” substitute “and section 40E”;
(b)
in the definition of “executive leader”, for “section 11(3)(a)”
substitute “section 11(2A)(a) or (3)(a)”.

Local Government and Public Involvement in Health Bill
Schedule 3 — New arrangements for executives: further amendments
129

6
In section 105 (orders and regulations), in subsection (6) after “32,” insert
“33J(5), 33Q(6),”.
7
After paragraph 1 of Schedule 1 (executive arrangements: further provision)
insert—
“Leader and cabinet executives (England)
5
1A    (1)
This paragraph applies in relation to executive arrangements by a
local authority which provide for a leader and cabinet executive
(England).
      (2)
Subject to section 11(8), the executive arrangements must include
provision which enables the executive leader to determine the
10
number of councillors who may be appointed to the executive
under section 11(2A)(b).
      (3)
The executive arrangements must include provision which
requires the executive leader to appoint one of the members of the
executive to be his deputy (referred to in this paragraph as the
15
deputy executive leader).
      (4)
Subject to sub-paragraph (5), the deputy executive leader, unless
he resigns as deputy executive leader or ceases to be a member of
the authority, is to hold office until the end of the term of office of
the executive leader.
20
      (5)
The executive leader may, if he thinks fit, remove the deputy
executive leader from office.
      (6)
Where a vacancy occurs in the office of deputy executive leader,
the executive leader must appoint another person in his place.
      (7)
If for any reason the executive leader is unable to act or the office
25
of executive leader is vacant, the deputy executive leader must act
in his place.
      (8)
If for any reason—
(a)
the executive leader is unable to act or the office of
executive leader is vacant, and
30
(b)
the deputy executive leader is unable to act or the office of
deputy executive leader is vacant,

the executive must act in the executive leader’s place or must
arrange for a member of the executive to act in his place.”
8     (1)
For the heading before paragraph 2 of Schedule 1 substitute—
35
“Leader and cabinet executives (Wales)”.
      (2)
Paragraph 2 is amended as follows.
      (3)
In sub-paragraph (1) for “leader and cabinet executive” substitute “leader
and cabinet executive (Wales)”.
      (4)
In sub-paragraph (4) for “sub-paragraph (2)(a)” substitute “sub-paragraph
40
(3)(a).”.

Local Government and Public Involvement in Health Bill
Schedule 4 — New arrangements for executives: transitional provision
Part 1 — Old-style leader and cabinet executive
130

9
After paragraph 2 of Schedule 1 insert—
“Elected executives
“2A   (1)
This paragraph applies in relation to executive arrangements by a
local authority which provide for an elected executive.
      (2)
Subject to section 11(8), the executive arrangements must include
5
provision specifying the number of members who are to be elected
to the executive under section 11(3A)(b).
      (3)
The executive arrangements must include provision which
requires the elected leader to appoint one of the members of the
executive to be his deputy (referred to in this paragraph as the
10
deputy leader).
      (4)
Subject to sub-paragraph (5), the deputy leader, unless he resigns
as deputy leader or ceases to be a member of the authority, is to
hold office until the end of the term of office of the executive
leader.
15
      (5)
The executive leader may, if he thinks fit, remove the deputy
leader from office.
      (6)
Where a vacancy occurs in the office of deputy leader, the
executive leader must appoint another person in his place.
      (7)
If for any reason the executive leader is unable to act or the office
20
of executive leader is vacant, the deputy leader must act in his
place.
      (8)
If for any reason—
(a)
the executive leader is unable to act or the office of
executive leader is vacant, and
25
(b)
the deputy leader is unable to act or the office of deputy
leader is vacant,

the executive must act in the executive leader’s place or must
arrange for a member of the executive to act in his place.”.
Schedule 4
30
Section 52

New arrangements for executives: transitional provision
Part 1
Old-style leader and cabinet executive
Application of Part
1
This Part applies to a local authority in England if, at the relevant time, the
35
authority is operating an old-style leader and cabinet executive.

Local Government and Public Involvement in Health Bill
Schedule 4 — New arrangements for executives: transitional provision
Part 1 — Old-style leader and cabinet executive
131

Continued operation of existing executive
2     (1)
The coming into force of section 39(5) does not prevent the local authority
from continuing to operate the old-style leader and cabinet executive until
the end of the transitional period.
      (2)
For as long as the local authority continues to operate the old-style leader
5
and cabinet executive, any enactment amended or repealed by this Part of
this Act continues to apply in relation to the local authority, and to the
executive and its operation, as if the amendment or repeal had not been
made.
Change in form of executive
10
3     (1)
The local authority must make a change in governance arrangements of the
kind set out in section 33A of the LGA 2000 (new form of executive).
      (2)
Sections 33E, 33F, 33G 33I(2) and 33J of the LGA 2000 apply to a change in
governance arrangements required by this paragraph as they apply to a
change made under section 33A.
15
      (3)
In their application by virtue of this paragraph—
(a)
in section 33G “relevant elections” has the meaning given in
paragraph 5;
(b)
in section 33J(4) “permitted resolution period” means the period
specified in the second column of the following table in relation to
20
the authority.

Type of local authority
Permitted resolution period

Metropolitan district
The period ending with 31 December 2007

County
The period ending with 31 December 2008

London borough
The period ending with 31 December 2009

25

Non-metropolitan district
The period ending with 31 December 2010

      (4)
The Secretary of State may by order provide that a permitted resolution
period is to end later than the last day of the period specified in the table.
Failure to change form of executive: automatic change
4     (1)
This paragraph applies if the local authority does not make a change in
30
governance arrangements in accordance with paragraph 3.
      (2)
Before the end of the transitional period, the local authority must draw up
and adopt executive arrangements which provide for a leader and cabinet
executive (England).
      (3)
But if it appears to the Secretary of State that the authority will fail to comply
35
with sub-paragraph (2), the Secretary of State may by order specify
executive arrangements which provide for a leader and cabinet executive
(England).