Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
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Changing governance arrangements
After section 33 of the Local Government Act 2000 (c. 22) insert—
“Changing governance arrangements: general provisions
33A
Executive arrangements: different form of executive
A local authority in England which is operating executive
5
arrangements may—
(a)
vary the arrangements so that they provide for a different form
of executive, and
(b)
if it makes such a variation, vary the arrangements in such other
respects (if any) as it considers appropriate.
10
33B
Executive arrangements: other variation of arrangements
A local authority in England which is operating executive
arrangements may vary the arrangements so that they—
(a)
differ from the existing arrangements in any respect, but
(b)
still provide for the same form of executive.
15
33C
Alternative arrangements: move to executive arrangements
(1)
This section applies to a local authority in England which is operating
alternative arrangements.
(2)
An authority which is no longer eligible for alternative arrangements
must—
20
(a)
cease to operate alternative arrangements, and
(b)
start to operate executive arrangements.
(3)
Any other authority may—
(a)
cease to operate alternative arrangements, and
(b)
start to operate executive arrangements.
25
(4)
For the purposes of this section a local authority is no longer eligible for
alternative arrangements if the resident population of the authority’s
area on 30th June 1999 was 85,000 or more.
(5)
For that purpose the resident population of any area on 30th June 1999
is to be taken to be the Registrar General’s estimate of that population
30
on that date.
33D
Alternative arrangements: variation of arrangements
(1)
A local authority in England which is operating alternative
arrangements may vary the arrangements so that they differ from the
existing arrangements in any respect.
35
(2)
But this section does not apply to a local authority which is no longer
eligible for alternative arrangements (within the meaning of section
33C).
33E
Proposals by local authority
(1)
This section applies to a local authority which—
40
(a)
wishes to make a change in governance arrangements, or

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(b)
is required to make such a change by section 33C(2).
(2)
The local authority must draw up proposals for the change.
(3)
The proposals must include—
(a)
a timetable with respect to the implementation of the proposals,
and
5
(b)
details of any transitional arrangements which are necessary for
the implementation of the proposals.
(4)
The following subsections apply if the proposed change is of the kind
set out in—
(a)
section 33A (different form of executive), or
10
(b)
section 33C (move to executive arrangements).
(5)
Before drawing up its proposals, the local authority must take
reasonable steps to consult the local government electors for, and other
interested persons in, the authority’s area.
(6)
In drawing up the proposals, the local authority must consider the
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extent to which the proposals, if implemented, would be likely to assist
in securing continuous improvement in the way in which the local
authority’s functions are exercised, having regard to a combination of
economy, efficiency and effectiveness.
(7)
After drawing up the proposals, the local authority must—
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(a)
secure that copies of a document setting out the proposals are
available at their principal office for inspection by members of
the public at all reasonable times, and
(b)
publish in one or more newspapers circulating in its area a
notice which—
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(i)
states that the authority has drawn up the proposals,
(ii)
describes the main features of the proposals,
(iii)
states that copies of a document setting out the
proposals are available at their principal office for
inspection by members of the public at such times as
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may be specified in the notice, and
(iv)
specifies the address of their principal office.
33F
Resolution of local authority
(1)
A resolution of a local authority is required in order for the authority to
make a change in governance arrangements.
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(2)
Section 29(2) applies to a resolution under this section as it applied to a
resolution to operate executive arrangements.
33G
Implementation: new executive or move to executive arrangements
(1)
This section applies if a local authority passes a resolution which makes
a change in governance arrangements of the kind set out in—
40
(a)
section 33A (new form of executive), or
(b)
section 33C (move to executive arrangements).
(2)
On the third day after the relevant elections, the local authority must—
(a)
cease operating the old form of executive, or the alternative
arrangements, and
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(b)
start operating the form of executive which the change in
governance arrangements provides for.
(3)
Subject to subsection (2), the local authority must implement the
change in governance arrangements in accordance with the timetable
in the proposals.
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(4)
In this section “relevant elections” means, if the change in governance
arrangements provides for the local authority to operate—
(a)
a leader and cabinet executive (England): the first ordinary
elections of members or councillors of the local authority to take
place after the end of the permitted resolution period in which
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the authority passes the resolution;
(b)
a mayor and cabinet executive: the first election of the mayor;
(c)
an elected executive: the first elections of the elected executive.
33H
Implementation: other change in governance arrangements
(1)
This section applies if a local authority passes a resolution which makes
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a change in governance arrangements of the kind set out in—
(a)
section 33B (variation of executive arrangements), or
(b)
section 33D (variation of alternative arrangements).
(2)
The local authority must implement the change in governance
arrangements in accordance with the timetable in the proposals.
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33I
General
(1)
Except as provided for in sections 33A to 33D, a local authority which
is operating executive arrangements or alternative arrangements may
not vary, or cease to operate, those arrangements.
(2)
In making a change in governance arrangements, the local authority
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must comply with any directions given by the Secretary of State in
connection with the making of such a change.
(3)
Sections 33J to 33N contain further requirements which, in certain
cases, apply to proposals or resolutions.
Further requirements for certain changes
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33J
New form of executive or move to executive
(1)
This section applies to a change in governance arrangements of the
kind set out in—
(a)
section 33A (new form of executive), or
(b)
section 33C (move to executive arrangements).
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(2)
The proposals must state the extent to which the functions specified in
regulations under section 13(3)(b) are to be the responsibility of the
executive which will be operated if the proposals are implemented.
(3)
The proposals (particularly any provision about timetables and
transitional matters included in accordance with section 33E(3)) must
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be such as to ensure that the proposed change can take effect (so far as
required to) in accordance with section 33G(2).

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(4)
Any resolution to make the change in governance arrangements must
be passed during a permitted resolution period.
(5)
But if the local authority is under the duty in section 33C(2) to move to
executive arrangements, the resolution must be passed in the period
ending with—
5
(a)
31 December 2007, or
(b)
such later day as may be specified by the Secretary of State by
order;

and that period shall be treated as a permitted resolution period for the
purposes of this Part.
10
33K
Move from mayoral executive approved by referendum
(1)
This section applies to a change in governance arrangements of the
kind set out in section 33A (new form of executive) if—
(a)
the local authority is operating a mayor and cabinet executive,
and
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(b)
the proposals for implementing that form of executive were
approved in a referendum.
(2)
The local authority must hold a referendum on its proposals before
taking any steps to implement them.
(3)
The local authority may not pass a resolution which makes the
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proposed change unless the result of the referendum is to approve the
proposals.
(4)
If the result of the referendum is not to approve the proposals, the local
authority must publish in one or more newspapers circulating it its area
a notice which—
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(a)
summarises the proposals,
(b)
states that the referendum did not approve the proposals,
(c)
summarises the authority’s existing executive arrangements,
and
(d)
states that the authority will be continuing to operate those
30
arrangements.
33L
Move from mayoral executive (no referendum) or elected executive
(1)
This section applies to a change in governance arrangements of the
kind set out in section 33A (new form of executive) if the local authority
is operating—
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(a)
an elected executive, or
(b)
a mayor and cabinet executive, in a case where the authority
were not required to hold a referendum on the proposals for
implementing that form of executive.
(2)
If the proposed new form of executive is a leader and cabinet executive
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(England)—
(a)
the consultation required by section 33E(5) must last for at least
12 weeks; and
(b)
the local authority’s proposals must include statements of the
following things—
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(i)
the arguments in favour of making the proposed
change;

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(ii)
any arguments against making the proposed change;
(iii)
the local authority’s reasons for wishing to make the
proposed change.
(3)
If the proposed new form of executive is a form prescribed in
regulations under section 11(5), the resolution to make the change in
5
governance arrangements must be passed—
(a)
at a meeting which is specially convened for the purpose of
deciding the resolution with notice of the object;
(b)
by a two-thirds majority of the votes cast on the resolution.
33M
Variation of size of elected executive
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(1)
This section applies to a change in governance arrangements of the
kind set out in section 33B (variation of executive arrangements) which
provides for the variation of the size of an elected executive.
(2)
The proposed change may not apply in relation to any executive which
has already been elected.
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33N
Variation of mayoral or elected executive
(1)
This section applies to a change in governance arrangements of the
kind set out in section 33B (variation of executive arrangements) if the
local authority is operating—
(a)
a mayor and cabinet executive, or
20
(b)
an elected executive.
(2)
The local authority may not make any proposals for the change in
governance arrangements unless—
(a)
the elected mayor, or
(b)
the elected leader,
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has given written consent to the proposed change.
Miscellaneous
33O
Pre-commencement consultation etc
(1)
If, for the purposes of section 33E, a local authority—
(a)
drew up a proposal,
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(b)
carried out consultation,
(c)
considered any matter,
(d)
made a document available, or
(e)
published a notice,

before the commencement of that section in relation to that authority, it
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is immaterial that the local authority did that thing before rather than
after commencement.
(2)
If the Secretary of State gave guidance for the purposes of any provision
of sections 33A to 33Q before the commencement of that provision, it is
immaterial that the guidance was given before rather than after
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commencement.
33P
Failure to move from alternative arrangements
(1)
This section applies to a local authority which—

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(a)
is required by section 33C(2) to make a change in governance
arrangements, but
(b)
fails to pass the required resolution within the period specified
in section 33J(5).
(2)
Before the local authority’s annual meeting in 2008, the local authority
5
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 with subsection (2), the Secretary of State may by order specify
executive arrangements which provide for a leader and cabinet
10
executive (England).
(4)
The leader and cabinet executive (England) which is provided for
under subsection (2) or (3) shall come into operation on the day of the
local authority’s annual meeting in 2008.
(5)
Arrangements which the Secretary of State specifies under subsection
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(3) are to be treated as having been made by the local authority itself.
(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.
(7)
As soon as practicable after executive arrangements are adopted under
20
subsection (2), or specified under subsection (3), the local authority
must comply with the duties set out in the following provisions—
(a)
section 29(2)(a);
(b)
section 29(2)(b)(ii) to (v).
33Q
Interpretation
25
(1)
This section applies for the purposes of sections 33A to 33P.
(2)
References to a change in governance arrangements are references to
any change of a kind set out in sections 33A to 33D.
(3)
References to a different form of executive are references to any of the
following kinds of executive that a local authority is not operating—
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(a)
a leader and cabinet executive (England);
(b)
a mayor and cabinet executive;
(c)
an elected executive;
(d)
a form of executive prescribed under section 11(5).
(4)
In sections 33A to 33P—
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“permitted resolution period”, in relation to a local authority,
means a period specified in the second column of the following
table in relation to that type of authority;
“proposals” means proposals under section 33E;
“proposed change” means the change in governance
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arrangements which is proposed in proposals.
(5)
This is the table referred to in the definition of “permitted resolution
period”—

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Type of local authority
Permitted resolution periods

Metropolitan district
(1)  The period ending with 31 December 2007.

(2)  The period in 2011, or in any fourth year

afterwards, which—

(a)
starts with 1 October, and

5

(b)
ends with 31 December.

County
(1)  The period ending with 31 December 2008.

(2)  The period in 2012, or in any fourth year

afterwards, which—

(a)
starts with 1 October, and

10

(b)
ends with 31 December.

London borough
(1)  The period ending with 31 December 2009.

(2)  The period in 2013, or in any fourth year

afterwards, which—

(a)
starts with 1 October, and

15

(b)
ends with 31 December.

Non-metropolitan
(1)  The period ending with 31 December 2010.

district
(2)  The period in 2014, or in any fourth year

afterwards, which—

(a)
starts with 1 October, and

20

(b)
ends with 31 December.

(6)
The Secretary of State may by order provide that a permitted resolution
period is to end later than the last day of that period specified in the
table.”
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Referendum following petition
25
(1)
Section 34 of the Local Government Act 2000 (c. 22) (referendum following
petition) is amended as follows.
(2)
In subsection (1) for the words from “operate” to the end substitute “operate a
relevant form of executive”.
(3)
After subsection (1) insert—
30
“(1A)
In this section “relevant form of executive” means—
(a)
in relation to England, a mayor and cabinet executive, an
elected executive, or an executive of a form prescribed in
regulations under section 11(5);
(b)
in relation to Wales, executive arrangements involving a form
35
of executive for which a referendum is required.”
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Elected mayors
(1)
Section 39 of the Local Government Act 2000 (elected mayors etc) is amended
as follows.
(2)
Omit subsection (4).
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