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 2 — Elections in England
20

36
Amendment of existing provisions about schemes for ordinary elections
(1)
In section 7 of the Local Government Act 1972 (c. 70) (elections of
councillors)—
(a)
omit subsections (4) to (6);
(b)
after subsection (9) insert—
5
“(10)
So far as this section, or any order made under it, applies to a
council which passes a resolution for the purposes of section 32
of the Local Government and Public Involvement in Health Act
2007, this section, or the order, has effect subject to section 32 of
the 2007 Act.”.
10
(2)
In section 8 of the Local Government Act 1972 (constitution and membership
of London borough councils), omit subsection (2)(c).
(3)
In section 13 of the Local Government Act 1992 (c. 19) (reviews and
recommendations), in subsection (5)(d) at the end insert “or having effect by
virtue of section 32 of the Local Government and Public Involvement in Health
15
Act 2007 (change to whole-council elections)”.
(4)
In section 86 of the Local Government Act 2000 (c. 22) (power to specify scheme
for elections)—
(a)
before subsection (1) insert—
“(A1)
The Secretary of State may by order make provision to secure
20
that the scheme for the ordinary elections of councillors of any
specified council in England is the scheme under the first option
set out in section 85(2).”;
(b)
in subsection (1) after “specified council” insert “in Wales”;
(c)
after subsection (7) insert—
25
“(8)
So far as an order made under this section applies to a council
which passes a resolution for the purposes of section 32 of the
Local Government and Public Involvement in Health Act 2007,
the order has effect subject to section 32 of the 2007 Act.”
Electoral areas
30
37
Metropolitan districts: councillors per ward
(1)
Section 6 of the Local Government Act 1972 (term of office and retirement of
councillors) is amended as follows.
(2)
For subsection (2)(b) substitute—
“(b)
every metropolitan district shall be divided into wards, each
35
returning such number of councillors as may be provided as
mentioned in subsection (3) below;”.
(3)
For subsection (3) substitute—
“(3)
The number of councillors referred to in subsection (2)(b) or (c) above
may be provided—
40
(a)
under or by virtue of the provisions of section 7 below;
(b)
by an order under Part 2 of the Local Government Act 1992;

Local Government and Public Involvement in Health Bill
Part 2 — Elections in England
21

(c)
by an order under section 14 of the Local Government and
Rating Act 1997 (c. 29);
(d)
by an order under Part 1 of the Local Government and Public
Involvement in Health Act 2007.
38
Change of name of electoral area
5
(1)
A local authority may, by resolution, change the name of any of the authority’s
electoral areas.
(2)
A resolution to change the name of an electoral area must be passed at a
meeting which is specially convened for the purpose of deciding the resolution
with notice of the object.
10
(3)
If the name of an electoral area is protected, a resolution to change the name
may not be passed unless the Electoral Commission has first agreed to the
proposed change.
(4)
As soon as practicable after a resolution is passed, the local authority must give
notice of the change of name to all of the following—
15
(a)
the Electoral Commission;
(b)
the Boundary Commission for England;
(c)
the Office of National Statistics;
(d)
the Director General of the Ordnance Survey;
(e)
if the local authority is a county, the district (if any) within whose area
20
the electoral area lies;
(f)
if the local authority is a district, the county (if any) within whose area
the electoral area lies.
(5)
The change of name does not take effect until the Electoral Commission have
been given notice of the change.
25
(6)
For the purposes of this section the name of an electoral area is “protected” if—
(a)
the name was given to the electoral area by or in pursuance of an order
under section 17 of the Local Government Act 1992 (c. 19) or section 14
of the Local Government and Rating Act 1997, and
(b)
that order was made during the period of five years ending with the
30
day on which a resolution to change the name is to be passed.
(7)
In this section—
“electoral area”, in relation to a local authority, means any area for which
councillors are elected to the authority;
“local authority” means—
35
(a)
a county council in England;
(b)
a district council in England; or
(c)
a London borough.

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
22

Part 3
Executive arrangements for England
39
Executive arrangements for England
(1)
Section 11 of the Local Government Act 2000 (c. 22) is amended in accordance
with this section.
5
(2)
For subsection (1) substitute—
“(1)
The executive of a local authority must take a form specified in
subsections (2) to (5) that is applicable to the authority.”
(3)
In subsection (2) for the words before paragraph (a) substitute—
“(2)
In the case of any local authority in England or Wales, the executive
10
may consist of—”.
(4)
After subsection (2) insert—
“(2A)
In the case of any local authority in England, the executive may consist
of—
(a)
a councillor of the authority (referred to in this Part as the
15
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 the executive leader.

Such an executive is referred to in this Part as a leader and cabinet
20
executive (England).”
(5)
In subsection (3)—
(a)
for the words before paragraph (a) substitute—
“(3)
In the case of any local authority in Wales, the executive may
consist of—”;
25
(b)
in the words after paragraph (b)(ii), for “leader and cabinet executive”
substitute “leader and cabinet executive (Wales)”.
(6)
After subsection (3) insert—
“(3A)
In the case of any local authority in England, the executive may consist
of—
30
(a)
an elected leader, and
(b)
two or more other persons elected to the executive.

Such an executive is referred to in this Part as an elected executive.”
(7)
In subsection (4) for the words before paragraph (a) substitute—
“(4)
In the case of any local authority in Wales, the executive may consist
35
of—”.
(8)
In subsection (5) for “It” substitute “In the case of a local authority in England
or Wales, the executive”.
(9)
In subsection (8) after “leader and cabinet executive” insert “or an elected
executive”.
40
(10)
In subsection (9)—

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
23

(a)
for “amend subsection (8) so as to provide for” substitute “specify”;
(b)
for “that subsection” substitute “subsection (8)”;
(c)
after “exercised” insert “in relation to Wales”.
(11)
After subsection (9) insert—
“(9A)
In this Part, a reference to a leader and cabinet executive is a reference
5
to either or both of the following, as appropriate in the context—
(a)
a leader and cabinet executive (England);
(b)
a leader and cabinet executive (Wales).”
(12)
In subsection (10) for “subsection (3)(a)” substitute “subsection (2A)(a) or
(3)(a)”.
10
40
Discharge of functions
(1)
The Local Government Act 2000 (c. 22) is amended as follows.
(2)
For the title of section 14 substitute “Discharge of functions: general”.
(3)
For section 14(1) substitute—
“(1)
Subject to any provision made under section 18, 19 or 20, any functions
15
which, under executive arrangements, are the responsibility of—
(a)
a mayor and cabinet executive,
(b)
a leader and cabinet executive (England), or
(c)
an elected executive,

are to be discharged in accordance with this section.”
20
(4)
In section 14(2) and (3) for “elected mayor” substitute “senior executive
member”.
(5)
In section 14(4)—
(a)
for “elected mayor” substitute “senior executive member”;
(b)
for “that member” substitute “the member who may discharge the
25
function”.
(6)
In section 14(5) for “elected mayor” substitute “senior executive member”.
(7)
In section 14(6)—
(a)
for “an elected mayor” substitute “a senior executive member”;
(b)
for “the elected mayor” substitute “the senior executive member”.
30
(8)
After section 14(6) insert—
“(7)
In this section “senior executive member” means—
(a)
in the case of a mayor and cabinet executive: the elected mayor;
(b)
in the case of a leader and cabinet executive (England): the
executive leader;
35
(c)
in the case of an elected executive: the elected leader.”.
(9)
In section 15—
(a)
for the title substitute “Discharge of functions: leader and cabinet
executive (Wales)”;
(b)
in subsection (1) for “leader and cabinet executive” substitute “leader
40
and cabinet executive (Wales)”.