Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
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Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
31

(3)
For subsection (6) substitute—
“(6)
Elections for the return of an elected mayor of a local authority are to
take place on the ordinary day of election in each of the relevant
election years.
(7)
The term of office of an elected mayor is to be four years.
5
(8)
This section is subject to regulations under section 41.”
44
Elected executives
After section 40 of the Local Government Act 2000 (c. 22) insert—
“Elected executives
40A
Elected executives
10
(1)
The leader and other members of the elected executive of a local
authority are to be elected by the local government electors for the
authority’s area in accordance with the provisions made by or under
this Part.
(2)
A member of the elected executive of a local authority is to be treated
15
as a member or councillor of the authority for the purposes of such
enactments (whenever passed or made) as may be specified in
regulations made by the Secretary of State under this subsection.
(3)
Elections for the return of the members of an elected executive of a local
authority are to take place on the ordinary day of election in each of the
20
relevant election years.
(4)
The term of office of the members of an elected executive is to be four
years.
(5)
But the term of office of all the members of an elected executive ends if
the elected leader ceases to hold office.
25
(6)
This section is subject to regulations under section 41.
40B
Proposed executives
(1)
Subject to regulations under section 41, a person may not become a
member of an elected executive unless the person is included in a
proposed executive which is returned in accordance with section 42A.
30
(2)
A proposed executive is a list of persons seeking to be returned together
as the elected executive.
(3)
A proposed executive must specify which of the listed persons is
seeking to be returned as the elected leader.
(4)
The number of persons included in a proposed executive must be equal
35
to the number of members of the executive which is to be elected.
40C
Election as member of elected executive and councillor
(1)
If a person who is returned at an election as a member of an elected
executive of a local authority is also returned at an election held at the
same time as a councillor of the authority, a vacancy shall arise in the
40
office of councillor.

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
32

(2)
If the person who is returned at an election (“the executive election”) as
a member of the elected executive of a local authority—
(a)
is a councillor of the authority, and
(b)
was returned as such a councillor at an election held at an earlier
time than the executive election,
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a vacancy shall arise in the office of councillor.
(3)
Subject to subsection (4), a person who is a member of the elected
executive of a local authority may not be a candidate in an election for
the return of a councillor or councillors of the authority.
(4)
A person who is a member of the elected executive of a local authority
10
may be a candidate in an election for the return of a councillor or
councillors of the authority if the election is held at the same time as an
election for the return of the elected executive of the authority.
(5)
But subsection (1) applies if he is a candidate in both such elections and
he is returned both as a member of the elected executive and as a
15
councillor.”
45
Other elected executive members
After section 40C of the Local Government Act 2000 (c. 22) insert—
“Other executive members who are elected
40D
Other executive members who are elected
20
(1)
This section applies to any elected member of a local authority
executive, other than—
(a)
an elected mayor, or
(b)
a member of an elected executive.
(2)
Subject to regulations under section 41, the term of office of the member
25
of the executive is to be four years.
(3)
The member of the executive is to be elected as such by the local
government electors for the authority’s area in accordance with the
provisions made by or under this Part.”
46
Meaning of “elected executive member”
30
After section 40D of the Local Government Act 2000 insert—
“Elections of mayors, elected executives etc
40E
Meaning of “elected executive member”
In this Part “elected executive member” means—
(a)
a member of an elected executive, or
35
(b)
a member of any other executive to whom section 40D applies.”
47
Time of elections etc
In section 41 of the Local Government Act 2000 (regulations about time of
elections etc)—

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
33

(a)
after “provision” insert “of one or more of the following kinds”;
(b)
in paragraph (c) omit “and”;
(c)
after paragraph (d) insert—
“(e)
as to the election of a new elected executive if vacancies
arise in the membership of the current elected
5
executive.”
48
Voting at elections of elected executives
(1)
After section 42 of the Local Government Act 2000 (c. 22) insert—
“42A
Voting at elections of elected executives
(1)
Each person entitled to vote as an elector at an election for the return of
10
an elected executive is to have the following vote or votes—
(a)
one vote (referred to in this Part as a first preference vote) which
may be given for the voter’s first preference from among the
proposed executives, and
(b)
if there are three or more proposed executives, one vote
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(referred to in this Part as a second preference vote) which may
be given for the voter’s second preference from among the
proposed executives.
(2)
The elected executive is to be returned under the simple majority
system, unless there are three or more proposed executives.
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(3)
If there are three or more proposed executives, the elected executive is
to be returned under the supplementary vote system in accordance
with Schedule 2.
(4)
If a proposed executive is returned in accordance with this section—
(a)
the proposed leader is returned as the elected leader;
25
(b)
the other persons included in the proposed executive are
returned as the other members of the executive.
(5)
The proposed leader is the person who is specified in the proposed
executive as seeking to be returned as the elected leader.”.
(2)
Schedule 2 (supplementary vote system: consequential amendments) has
30
effect.
49
Leader and cabinet executives (England)
After section 44 of the Local Government Act 2000 insert—
“Leader and cabinet executives (England)
44A
Election of leader: whole-council elections
35
(1)
This section applies to a local authority if it—
(a)
is subject to whole-council elections, and
(b)
is, on the day of a post-election annual meeting, operating a
leader and cabinet executive (England).
(2)
The executive leader is to be elected at the post-election annual
40
meeting.

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
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(3)
But if the council fails to elect the executive leader at the post-election
annual meeting, an executive leader is to be elected at a subsequent
meeting of the council.
(4)
For the purposes of this section and section 44D—
(a)
a local authority is subject to whole-council elections if, under
5
the scheme for the ordinary elections of its councillors, all of the
councillors are elected in each year in which the elections are
held;
(b)
“post-election annual meeting” means the first annual meeting
of a local authority to be held after ordinary elections take place.
10
44B
Election of leader: partial-council elections
(1)
This section applies to a local authority if it—
(a)
is subject to partial-council elections, and
(b)
is, on the day of a relevant annual meeting, operating a leader
and cabinet executive (England).
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(2)
The executive leader is to be elected at the relevant annual meeting.
(3)
But if the council fails to elect the executive leader at the relevant
annual meeting, the executive leader is to be elected at a subsequent
meeting of the council.
(4)
For the purposes of this section and section 44E—
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(a)
a local authority is subject to partial-council elections if, under
the scheme for the ordinary elections of its councillors, one-half
or one-third (or, in either case, as nearly as may be) of the
councillors are elected in each year in which the elections are
held;
25
(b)
“relevant annual meeting” means—
(i)
the first annual meeting to be held after the local
authority starts to operate the leader and cabinet
executive (England), or
(ii)
any subsequent annual meeting held on a day when an
30
executive leader’s term of office is to end by virtue of
section 44E(3).
44C
Removal of leader
(1)
Executive arrangements by a local authority which provide for a leader
and cabinet executive (England) may include provision for the council
35
to remove the executive leader by resolution.
(2)
If a council passes a resolution to remove the executive leader, a new
executive leader is to be elected—
(a)
at the meeting at which the leader is removed from office, or
(b)
at a subsequent meeting.
40
44D
Term of office of leader: whole-council elections
(1)
This section applies to the executive leader of a local authority which—
(a)
is operating a leader and cabinet executive (England), and
(b)
is subject to whole-council elections.

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
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(2)
The executive leader’s term of office starts on the day of his election as
leader.
(3)
The executive leader’s term of office ends on the day of the post-
election annual meeting which follows his election as leader.
(4)
But if the executive leader is removed from office in accordance with
5
section 44C, his term of office ends on the day of his removal.
44E
Term of office of leader: partial-council elections
(1)
This section applies to the executive leader of a local authority which—
(a)
is operating a leader and cabinet executive (England), and
(b)
is subject to partial-council elections.
10
(2)
The executive leader’s term of office starts on the day of his election.
(3)
The executive leader’s term of office ends on the day when the council
holds its first annual meeting after the leader’s normal day of
retirement as a councillor.
(4)
But that is subject to subsections (5) and (6).
15
(5)
If the executive leader is removed from office in accordance with
section 44C, his term of office ends on the day of his removal.
(6)
If the local authority becomes subject to whole-council elections, the
executive leader’s term of office ends on the day of the annual meeting
which follows the first whole-council elections.
20
(7)
For the purposes of this section an executive leader’s normal day of
retirement as a councillor is the day when the leader would next be
required to retire as a councillor of the council if section 44F were
disregarded.
44F
Leader to continue to hold office as councillor
25
(1)
The executive leader of a leader and cabinet executive (England)
remains a member of the council during his term of office as leader.
(2)
Accordingly, any enactment which provides for his earlier retirement
as a councillor does not apply.
(3)
This section does not affect anything by which the executive leader may
30
cease to be a councillor otherwise than by retirement (including
disqualification or resignation).
44G
No other means of electing or removing leader
(1)
This section applies to a local authority which operate a leader and
cabinet executive (England).
35
(2)
An executive leader may not be elected except in accordance with
section 44A, 44B or 44C or regulations under section 44H.
(3)
An executive leader may not be removed from office except in
accordance with section 44C or regulations under section 44H.
44H
Regulations
40
(1)
The Secretary of State may by regulations make provision—

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
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(a)
as to the term of office of an executive leader of a leader and
cabinet executive (England), and
(b)
as to the filling of vacancies in the office of executive leader of a
leader and cabinet executive (England).
(2)
Sections 44A to 44E are subject to regulations under this section.”
5
50
Time limit for holding further referendum
(1)
For section 45(1) of the Local Government Act 2000 (c. 22) (period within which
more than one referendum may not be held)—
“(1)
A local authority—
(a)
in England may not hold more than one referendum in any
10
period of ten years;
(b)
in Wales may not hold more than one referendum in any period
of five years.”
(2)
Section 45 as amended by subsection (1) applies to referendums held before,
and referendums held after, this section comes into force.
15
51
Interpretation
(1)
Section 48 of the Local Government Act 2000 is amended as follows.
(2)
In subsection (1)—
(a)
in the definition of “elected executive member”, for “section 39(4)”
substitute “section 40E”;
20
(b)
in the definition of “executive leader”, for “section 11(3)(a)” substitute
“section 11(2A)(a) or (3)(a)”;
(c)
in the definition of “first preference vote”, after “section 42(1)(a)” insert
“or section 42A(1)(a)”;
(d)
in the definition of “second preference vote”, After “section 42(1)(b)”
25
insert “or section 42A(1)(b)”.
(3)
In subsection (1) insert the following definitions at the appropriate places—
““elected leader” means the leader of an elected executive,”;
““ordinary day of election”, in relation to a local authority, means
the day of ordinary elections of members or councillors of the
30
authority,”;
““proposed executive” is to be read in accordance with section
40B,”.
(4)
After subsection (1) insert—
“(1A)
In this Part “relevant election years”, in relation to a local authority,
35
means the years specified in the second column of the following table
in relation to that type of authority.

Type of local authority
Relevant election years

Metropolitan district
2008 and every fourth year afterwards

County
2009 and every fourth year afterwards

40

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 1 — Parishes
37

Type of local authority
Relevant election years

London borough
2010 and every fourth year afterwards

Non-metropolitan district
2011 and every fourth year afterwards”

52
Further amendments & transitional provision
(1)
Schedule 3 (new arrangements for executives: further amendments) has effect.
5
(2)
Schedule 4 (new arrangements for executives: transitional provision) has
effect.
53
Supplementary provision
The provision that may be made under section 173 or 175(5)(b) includes—
(a)
provision for the dates and years of elections for the return of an elected
10
mayor or elected executive members to be varied;
(b)
if provision is made under paragraph (a), provision for the term of
office of—
(i)
the elected mayor and any other member of his executive, or
(ii)
the elected executive members,
15

to end earlier, or later, than it would otherwise do.
Part 4
Parishes
Chapter 1
Parishes
20
54
Parishes: alternative styles
(1)
The Local Government Act 1972 (c. 70) is amended as follows.
(2)
After section 11 insert—
“11A
Grouping: alternative styles
(1)
An order under section 11(1) which forms a new group may make the
25
provision set out in subsection (3).
(2)
But the order must make that provision in either of these cases—
(a)
if at least one of the parishes which is to be grouped does not
have an alternative style, and at least one of them does have an
alternative style;
30
(b)
if at least one of the parishes which is to be grouped has an
alternative style, and at least one of them has a different
alternative style.
(3)
The provision referred to in subsections (1) and (2) is—
(a)
provision that each of the parishes in the group shall have an
35
alternative style, or