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Local Government and Public Involvement in Health Bill


Local Government and Public Involvement in Health Bill
Schedule 4 — New arrangements for executives: transitional provision
Part 2 — Mayor and council manager executive

132

 

      (4)  

The leader and cabinet executive (England) which is provided for under

sub-paragraph (2) or (3) shall come into operation on the last day of the

transitional period.

      (5)  

Arrangements which the Secretary of State specifies under sub-paragraph

(3) are to be treated as having been made by the local authority itself.

5

      (6)  

Arrangements which come into operation in accordance with sub-

paragraph (4) are to be treated as being operated after the passing of a

resolution of the authority under section 33F of the LGA 2000.

      (7)  

As soon as practicable after executive arrangements are adopted under sub-

paragraph (2), or specified under sub-paragraph (3), the local authority must

10

comply with the duties set out in the following provisions of the LGA 2000—

(a)   

section 29(2)(a);

(b)   

section 29(2)(b)(ii) to (v).

Interpretation

5     (1)  

In this Part—

15

“LGA 2000” means the Local Government Act 2000 (c. 22);

“old-style leader and cabinet executive” means a leader and cabinet

executive of the form specified in section 11(3) of the LGA 2000;

“relevant elections” means the first ordinary elections of councillors of

the local authority which take place after the end of the permitted

20

resolution period (within the meaning of paragraph 3(3)(b));

“relevant time” means the time immediately before section 39(5) comes

into force;

“transitional period” means the period that—

(a)   

starts when section 39(5) comes into force, and

25

(b)   

ends with the third day after the day of the relevant elections.

      (2)  

Expressions used in this Part of this Schedule and in Part 2 of the LGA 2000

have the same meaning in this Part as in that Part.

Part 2

Mayor and council manager executive

30

Application of Part

6          

This Part applies to a local authority in England if, at the relevant time, the

authority is operating a mayor and council manager executive.

Continued operation of existing executive

7     (1)  

The coming into force of section 39(7) does not prevent the local authority

35

from continuing to operate the mayor and council manager executive.

      (2)  

For as long as the local authority continues to operate the mayor and council

manager 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.

40

 

 

Local Government and Public Involvement in Health Bill
Schedule 4 — New arrangements for executives: transitional provision
Part 2 — Mayor and council manager executive

133

 

Change in form of executive

8     (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, 33I(2) and 33J of the LGA 2000 apply to a change in

governance arrangements required by this paragraph as they apply to a

5

change made under section 33A.

      (3)  

In the application of section 33J(4) by virtue of this paragraph, “permitted

resolution period” means the period ending with 31 December 2008, or with

such later date as the Secretary of State may by order provide.

9     (1)  

This paragraph applies if the proposals drawn up in accordance with section

10

33E provide for a change to a mayor and cabinet executive.

      (2)  

The proposals must specify the day on which the authority is to cease

operating the mayor and council manager executive and start operating the

mayor and cabinet executive.

      (3)  

The day specified in accordance with sub-paragraph (2) must fall before the

15

day which is expected to be the last day of the relevant mayoral term.

      (4)  

The following sub-paragraphs apply if the local authority adopt the mayor

and cabinet executive.

      (5)  

On the day specified in accordance with sub-paragraph (2), the local

authority must—

20

(a)   

cease operating the mayor and council leader executive, and

(b)   

start operating the mayor and cabinet executive.

      (6)  

The council manager ceases to hold office when the local authority ceases to

operate the mayor and council manager executive.

      (7)  

But—

25

(a)   

the mayor does not cease to hold office, and

(b)   

his term of office is not affected,

           

by virtue of the local authority ceasing to operate the mayor and council

manager executive.

      (8)  

Subject to sub-paragraph (5), the local authority must implement the change

30

in governance arrangements in accordance with the timetable in the

proposals.

      (9)  

Any arrangements (including any enactment or subordinate legislation)

which apply to the election of the mayor of the mayor and council manager

executive apply to the first election of the mayor of the mayor and cabinet

35

executive as if it were the election of the mayor of the mayor and council

manager executive.

10    (1)  

This paragraph applies if the proposals drawn up in accordance with section

33E provide for a change to—

(a)   

a leader and cabinet executive (England), or

40

(b)   

an elected executive.

      (2)  

Section 33K of the LGA 2000 applies to the change as it would apply to a

change made under section 33A from a mayor and cabinet executive.

 

 

Local Government and Public Involvement in Health Bill
Schedule 4 — New arrangements for executives: transitional provision
Part 2 — Mayor and council manager executive

134

 

      (3)  

Section 45 of the LGA 2000 does not prevent a referendum from being held

in accordance with section 33K of the LGA 2000 as applied by sub-paragraph

(2).

      (4)  

The proposals must provide for the local authority to cease operating the

mayor and council manager executive and start operating the proposed kind

5

of executive on the day which is expected to be the last day of the relevant

mayoral term.

      (5)  

The following sub-paragraphs apply if the local authority adopt the

proposed form of executive.

      (6)  

On the day specified in accordance with sub-paragraph (4), the local

10

authority must—

(a)   

cease operating the mayor and council leader executive, and

(b)   

start operating the proposed kind of executive.

      (7)  

Subject to sub-paragraph (6), the local authority must implement the change

in governance arrangements in accordance with the timetable in the

15

proposals.

Failure to change form of executive: automatic change

11    (1)  

This paragraph applies if the local authority does not make a change in its

executive arrangements in accordance with paragraph 8.

      (2)  

Before the end of the transitional period, the local authority must draw up

20

and adopt executive arrangements which provide for a mayor and cabinet

executive.

      (3)  

But if it appears to the Secretary of State that the authority will fail to comply

with sub-paragraph (2), the Secretary of State may by order specify

executive arrangements which provide for a mayor and cabinet executive.

25

      (4)  

The mayor and cabinet executive which is provided for under sub-

paragraph (2) or (3) shall come into operation on the last day of the

transitional period.

      (5)  

Arrangements which the Secretary of State specifies under sub-paragraph

(3) are to be treated as having been made by the local authority itself.

30

      (6)  

Arrangements which come into operation in accordance with sub-

paragraph (4) are to be treated as being operated after the passing of a

resolution of the authority under section 33F of the LGA 2000.

      (7)  

As soon as practicable after executive arrangements are adopted under sub-

paragraph (2), or specified under sub-paragraph (3), the local authority must

35

comply with the duties set out in the following provisions of the LGA 2000—

(a)   

section 29(2)(a);

(b)   

section 29(2)(b)(ii) to (v).

Interpretation

12    (1)  

In this Part—

40

“LGA 2000” means the Local Government Act 2000 (c. 22);

“relevant elections” means the ordinary elections of councillors of the

local authority which take place in 2009;

 

 

Local Government and Public Involvement in Health Bill
Schedule 5 — Parishes: further amendments
Part 1 — Amendments relating to Chapter 1 of Part 4

135

 

“relevant mayoral term”, in relation to proposals, means the term of

office of the person who is mayor when the proposals are drawn up;

“relevant time” means the time immediately before section 39(7) comes

into force;

“transitional period” means the period that—

5

(a)   

starts when section 39(7) comes into force, and

(b)   

ends with the third day after the day of the relevant elections.

      (2)  

Expressions used in this Part of this Schedule and in Part 2 of the LGA 2000

have the same meaning in this Part as in that Part.

Schedule 5

10

Section 76

 

Parishes: further amendments

Part 1

Amendments relating to Chapter 1 of Part 4

1          

The Local Government Act 1972 (c. 70) is amended in accordance with this

Part.

15

2     (1)  

Section 9 (parish meetings and councils) is amended as follows.

      (2)  

In subsection (4) for “section 14 of the Local Government and Rating Act

1997” substitute “section 61 of the Local Government and Public

Involvement in Health Act 2007”.

3     (1)  

Section 11 (orders for grouping parishes etc) is amended as follows.

20

      (2)  

In subsection (3), for paragraph (b) substitute—

“(b)   

the electoral arrangements that are to apply to the council;”.

      (3)  

After subsection (3) insert—

“(3A)   

In this section “electoral arrangements”, in relation to a council,

means all of the following—

25

(a)   

the year in which ordinary elections of councillors are to be

held;

(b)   

the number of councillors to be elected to the council by each

parish;

(c)   

the division (or not) of any of the parishes, into wards for the

30

purpose of electing councillors;

(d)   

the number and boundaries of any such wards;

(e)   

the number of councillors to be elected for any such ward;

(f)   

the name of any such ward.”

      (4)  

In subsection (5)(a) for “section 14 of the Local Government and Rating Act

35

1997” substitute “section 61 of the Local Government and Public

Involvement in Health Act 2007”.

4     (1)  

Section 16 (parish councillors) is amended as follows.

      (2)  

In subsection (2), at the end insert “and relevant electoral arrangements”.

 

 

Local Government and Public Involvement in Health Bill
Schedule 5 — Parishes: further amendments
Part 3 — Amendments relating to Chapter 3 of Part 4

136

 

      (3)  

After subsection (2) insert—

“(2A)   

In their application to the election of parish councillors, this Act and

Part 1 of the Representation of the People Act 1983 (c. 2) are subject

to the relevant electoral arrangements that apply to the election.

(2B)   

For the purposes of this section “relevant electoral arrangements”

5

means—

(a)   

any arrangements about the election of councillors that are

made in, or applicable by virtue of, provision made by virtue

of section 175(6)(b) of the Local Government and Public

Involvement in Health Act 2007 (transitional, saving or

10

transitory provision), and

(b)   

any electoral arrangements applicable to the council by

virtue of an order under section 11 or an order under section

61 of the Local Government and Public Involvement in

Health Act 2007.”

15

5     (1)  

Section 245 (status of certain districts, parishes and communities) is

amended as follows.

      (2)  

After subsection (7) insert—

“(7A)   

A resolution under subsection (6) shall cease to have effect if the

parish has an alternative style (within the meaning of section 17A) by

20

virtue of any of the following—

(a)   

an order under section 11;

(b)   

a resolution under section 12A;

(c)   

an order under section 61 of the Local Government and

Public Involvement in Health Act 2007.”

25

Part 2

Amendments relating to Chapter 2 of Part 4

6     (1)  

Section 137 of the Local Government Act 1972 (c. 70) (power of local

authorities to incur expenditure for certain purposes) is amended as follows.

      (2)  

In subsection (9) for “means a parish or community council” substitute

30

“means—

(a)   

a parish council which is not an eligible parish council for the

purposes of Part 1 of the Local Government Act 2000 (c. 22),

or

(b)   

a community council”.

35

Part 3

Amendments relating to Chapter 3 of Part 4

7          

The Local Government Act 1972 is amended in accordance with paragraphs

8 to 10.

8     (1)  

Section 10 (power to dissolve parish councils in small parishes) is amended

40

as follows.

      (2)  

In subsection (1) after “district council” in each place insert or “London

borough council”.

 

 

Local Government and Public Involvement in Health Bill
Schedule 6 — Byelaws: further amendments

137

 

9     (1)  

Section 11 (orders for grouping parishes, dissolving groups and separating

parishes from groups) is amended as follows.

      (2)  

In subsection (1)—

(a)   

after “district council” in each place insert “or London borough

council”;

5

(b)   

after “same district” insert “or London borough”.

      (3)  

In subsection (4) after “district council” in each place insert or “London

borough council”.

10    (1)  

Section 12 (provision supplementary to sections 9 to 11) is amended as

follows.

10

      (2)  

In subsection (1)—

(a)   

after “district councils” in the first place insert “or by a London

borough council”;

(b)   

after “district councils” in the second place insert “or the London

borough council”.

15

11    (1)  

The Local Government and Rating Act 1997 (c. 29) is amended as follows.

      (2)  

Omit Part 2.

Schedule 6

Section 97

 

Byelaws: further amendments

Public Health Acts Amendment Act 1907 (c. 53)

20

1          

In subsection (4) of section 82 of the Public Health Acts Amendment Act

1907 (byelaws relating to the seashore), omit from “Provided” to the end of

the subsection.

Public Health Act 1936 (c. 49)

2          

In section 231(1) of the Public Health Act 1936 (byelaws with respect to

25

public bathing)—

(a)   

in paragraph (b), omit “bathing-machines may be stationed, or”,

(b)   

in paragraph (c), omit “bathing-machines,”,

(c)   

omit paragraph (d).

Public Health (Control of Disease) Act 1984 (c. 22)

30

3          

Omit subsections (2) and (3) of section 56 of the Public Health (Control of

Disease) Act 1984 (byelaws for preventing disease by the occupants or users

of tents, vans, etc).

Police Reform Act 2002 (c. 30)

4     (1)  

In paragraph 1(3)(a) of Schedule 4 to the Police Reform Act 2002 (definition

35

of “relevant fixed penalty offence”) for “sub-paragraph 1(2)(a) to (d)”

substitute “sub-paragraph (2)(a) to (e)”.

 

 

Local Government and Public Involvement in Health Bill
Schedule 7 — Amendments consequential on removing parish councils etc from best value duties

138

 

      (2)  

In paragraph 1(3)(a) of Schedule 5 to that Act (definition of “relevant fixed

penalty offence”) for “sub-paragraph (2)(a) to (c)” substitute “sub-paragraph

(2)(a) to (d)”.

Schedule 7

Section 104

 

Amendments consequential on removing parish councils etc from best value

5

duties

Local Government, Planning and Land Act 1980 (c. 65)

1          

In section 2(1) of the Local Government, Planning and Land Act 1980 (duty

of authorities to publish information) after paragraph (b) insert—

“(ba)   

a parish council;

10

(bb)   

a parish meeting of a parish which does not have a separate

parish council;

(bc)   

a community council;”.

Local Government Act 1999 (c. 27)

2     (1)  

The Local Government Act 1999 is amended as follows.

15

      (2)  

Before section 19 insert—

“Exclusion of non-commercial considerations”.

      (3)  

In section 19 (exclusion of non-commercial considerations for the purposes

of section 17 of the Local Government Act 1988)—

(a)   

in subsection (1)(a) and (b), for “best value authorities” substitute

20

“relevant authorities”;

(b)   

in subsections (1)(c) and (4), for “best value authority” substitute

“relevant authority”;

(c)   

after subsection (4) insert—

“(5)   

In this section, “relevant authority” means—

25

(a)   

a best value authority,

(b)   

a parish council, or

(c)   

a community council.”

      (4)  

After section 19 insert—

“Publication of information”.

30

      (5)  

In section 26(2)(a) (guidance), omit “best value”.

Local Government Act 2003 (c. 26)

3     (1)  

The Local Government Act 2003 is amended as follows.

      (2)  

Omit sections 34 and 35 (best value grants to parishes and communities).

      (3)  

In section 93 (power to charge for discretionary services)—

35

(a)   

in subsections (1), (5) and (6), for “best value authority” substitute

“relevant authority”;

 

 

 
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