|
| |
|
(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 |
| |
| |
(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— |
| |
| |
(b) | section 29(2)(b)(ii) to (v). |
| |
| |
| 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 |
| |
| |
“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. |
| |
| |
Mayor and council manager executive |
| 30 |
| |
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manager executive, any enactment amended or repealed by this Part of this |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 |
|
| |
|
| |
|
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 |
| |
| |
(5) | On the day specified in accordance with sub-paragraph (2), the local |
| |
| 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. |
| |
| 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 |
| |
| |
(8) | Subject to sub-paragraph (5), the local authority must implement the change |
| 30 |
in governance arrangements in accordance with the timetable in the |
| |
| |
(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 |
| |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
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 |
| |
| |
(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 |
| |
| |
(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— |
| |
| |
(b) | section 29(2)(b)(ii) to (v). |
| |
| |
| 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; |
| |
|
| |
|
| |
|
“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 |
| |
| |
“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. |
| |
| 10 |
| |
Parishes: further amendments |
| |
| |
Amendments relating to Chapter 1 of Part 4 |
| |
1 | The Local Government Act 1972 (c. 70) is amended in accordance with this |
| |
| 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 |
| |
| |
(b) | the number of councillors to be elected to the council by each |
| |
| |
(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”. |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| 15 |
5 (1) | Section 245 (status of certain districts, parishes and communities) is |
| |
| |
(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 |
| |
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 |
| |
(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), |
| |
| |
(b) | a community council”. |
| 35 |
| |
Amendments relating to Chapter 3 of Part 4 |
| |
7 | The Local Government Act 1972 is amended in accordance with paragraphs |
| |
| |
8 (1) | Section 10 (power to dissolve parish councils in small parishes) is amended |
| 40 |
| |
(2) | In subsection (1) after “district council” in each place insert or “London |
| |
| |
|
| |
|
| |
|
9 (1) | Section 11 (orders for grouping parishes, dissolving groups and separating |
| |
parishes from groups) is amended as follows. |
| |
| |
(a) | after “district council” in each place insert “or London borough |
| |
| 5 |
(b) | after “same district” insert “or London borough”. |
| |
(3) | In subsection (4) after “district council” in each place insert or “London |
| |
| |
10 (1) | Section 12 (provision supplementary to sections 9 to 11) is amended as |
| |
| 10 |
| |
(a) | after “district councils” in the first place insert “or by a London |
| |
| |
(b) | after “district councils” in the second place insert “or the London |
| |
| 15 |
11 (1) | The Local Government and Rating Act 1997 (c. 29) is amended as follows. |
| |
| |
| |
| |
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 |
| |
| |
Public Health Act 1936 (c. 49) |
| |
2 | In section 231(1) of the Public Health Act 1936 (byelaws with respect to |
| 25 |
| |
(a) | in paragraph (b), omit “bathing-machines may be stationed, or”, |
| |
(b) | in paragraph (c), omit “bathing-machines,”, |
| |
| |
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 |
| |
| |
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)”. |
| |
|
| |
|
| |
|
(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 |
| |
| |
| |
| |
Amendments consequential on removing parish councils etc from best value |
| 5 |
| |
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— |
| |
| 10 |
(bb) | a parish meeting of a parish which does not have a separate |
| |
| |
(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 |
| |
(b) | in subsections (1)(c) and (4), for “best value authority” substitute |
| |
| |
(c) | after subsection (4) insert— |
| |
“(5) | In this section, “relevant authority” means— |
| 25 |
(a) | a best value authority, |
| |
| |
(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 |
| |
| |
|
| |
|