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Local Government and Public Involvement in Health Bill


Local Government and Public Involvement in Health Bill
Schedule 3 — New arrangements for executives: further amendments

143

 

Schedule 3

Section 53

 

New arrangements for executives: further amendments

1          

The Local Government Act 2000 (c. 22) is amended in accordance with this

Part.

2          

In section 29 (operation of and publicity for executive arrangements), in

5

subsection (3) after “A local authority” insert “in Wales”.

3          

In section 30 (operation of different executive arrangements), in subsection

(1) after “a local authority” insert “in Wales”.

4          

In section 33 (operation of alternative arrangements), before subsection (1)

insert—

10

“(A1)   

In this section references to a local authority are references to a local

authority in Wales.”

5          

In section 83 (interpretation of Part 3)—

(a)   

in the definition of “elected mayor” and “elected executive member”,

for “and (4)” substitute “and section 40E”;

15

(b)   

in the definition of “executive leader”, for “section 11(3)(a)”

substitute “section 11(2A)(a) or (3)(a)”.

6          

In section 105 (orders and regulations), in subsection (6) after “32,” insert

“33J(5), 33Q(6),”.

7          

After paragraph 1 of Schedule 1 (executive arrangements: further provision)

20

insert—

“Leader and cabinet executives (England)

1A    (1)  

This paragraph applies in relation to executive arrangements by a

local authority which provide for a leader and cabinet executive

(England).

25

      (2)  

Subject to section 11(8), the executive arrangements must include

provision which enables the executive leader to determine the

number of councillors who may be appointed to the executive

under section 11(2A)(b).

      (3)  

The executive arrangements must include provision which

30

requires the executive leader to appoint one of the members of the

executive to be his deputy (referred to in this paragraph as the

deputy executive leader).

      (4)  

Subject to sub-paragraph (5), the deputy executive leader, unless

he resigns as deputy executive leader or ceases to be a member of

35

the authority, is to hold office until the end of the term of office of

the executive leader.

      (5)  

The executive leader may, if he thinks fit, remove the deputy

executive leader from office.

      (6)  

Where a vacancy occurs in the office of deputy executive leader,

40

the executive leader must appoint another person in his place.

 

 

Local Government and Public Involvement in Health Bill
Schedule 3 — New arrangements for executives: further amendments

144

 

      (7)  

If for any reason the executive leader is unable to act or the office

of executive leader is vacant, the deputy executive leader must act

in his place.

      (8)  

If for any reason—

(a)   

the executive leader is unable to act or the office of

5

executive leader is vacant, and

(b)   

the deputy executive leader is unable to act or the office of

deputy executive leader is vacant,

           

the executive must act in the executive leader’s place or must

arrange for a member of the executive to act in his place.”

10

8     (1)  

For the heading before paragraph 2 of Schedule 1 substitute—

Leader and cabinet executives (Wales)”.

      (2)  

Paragraph 2 is amended as follows.

      (3)  

In sub-paragraph (1) for “leader and cabinet executive” substitute “leader

and cabinet executive (Wales)”.

15

      (4)  

In sub-paragraph (4) for “sub-paragraph (2)(a)” substitute “sub-paragraph

(3)(a).”.

9          

After paragraph 2 of Schedule 1 insert—

“Elected executives

“2A   (1)  

This paragraph applies in relation to executive arrangements by a

20

local authority which provide for an elected executive.

      (2)  

Subject to section 11(8), the executive arrangements must include

provision specifying the number of members who are to be elected

to the executive under section 11(3A)(b).

      (3)  

The executive arrangements must include provision which

25

requires the elected leader to appoint one of the members of the

executive to be his deputy (referred to in this paragraph as the

deputy leader).

      (4)  

Subject to sub-paragraph (5), the deputy leader, unless he resigns

as deputy leader or ceases to be a member of the authority, is to

30

hold office until the end of the term of office of the executive

leader.

      (5)  

The executive leader may, if he thinks fit, remove the deputy

leader from office.

      (6)  

Where a vacancy occurs in the office of deputy leader, the

35

executive leader must appoint another person in his place.

      (7)  

If for any reason the executive leader is unable to act or the office

of executive leader is vacant, the deputy leader must act in his

place.

      (8)  

If for any reason—

40

(a)   

the executive leader is unable to act or the office of

executive leader is vacant, and

 

 

Local Government and Public Involvement in Health Bill
Schedule 4 — New arrangements for executives: transitional provision
Part 1 — Old-style leader and cabinet executive

145

 

(b)   

the deputy leader is unable to act or the office of deputy

leader is vacant,

           

the executive must act in the executive leader’s place or must

arrange for a member of the executive to act in his place.”.

Schedule 4

5

Section 53

 

New arrangements for executives: transitional provision

Part 1

Old-style leader and cabinet executive

Application of Part

1          

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

10

authority is operating an old-style leader and cabinet executive.

Continued operation of existing executive

2     (1)  

The coming into force of section 40(5) does not prevent the local authority

from continuing to operate the old-style leader and cabinet executive until

the end of the transitional period.

15

      (2)  

For as long as the local authority continues to operate the old-style leader

and cabinet 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.

20

Change in form of executive

3     (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, 33G 33I(2) and 33J of the LGA 2000 apply to a change in

governance arrangements required by this paragraph as they apply to a

25

change made under section 33A.

      (3)  

In their application by virtue of this paragraph—

(a)   

in section 33G “relevant elections” has the meaning given in

paragraph 5;

(b)   

in section 33J(4) “permitted resolution period” means the period

30

specified in the second column of the following table in relation to

the authority.

 

Type of local authority

Permitted resolution period

 
 

Metropolitan district

The period ending with 31 December 2007

 
 

County

The period ending with 31 December 2008

 

35

 

London borough

The period ending with 31 December 2009

 
 

 

Local Government and Public Involvement in Health Bill
Schedule 4 — New arrangements for executives: transitional provision
Part 1 — Old-style leader and cabinet executive

146

 
 

Type of local authority

Permitted resolution period

 
 

Non-metropolitan district

The period ending with 31 December 2010

 
 

      (4)  

The Secretary of State may by order provide that a permitted resolution

period is to end later than the last day of the period specified in the table.

Failure to change form of executive: automatic change

5

4     (1)  

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

governance arrangements in accordance with paragraph 3.

      (2)  

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

and adopt executive arrangements which provide for a leader and cabinet

executive (England).

10

      (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 leader and cabinet executive

(England).

      (4)  

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

15

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.

      (6)  

Arrangements which come into operation in accordance with sub-

20

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

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

25

(a)   

section 29(2)(a);

(b)   

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

Interpretation

5     (1)  

In this Part—

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

30

“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

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

35

“relevant time” means the time immediately before section 40(5) comes

into force;

“transitional period” means the period that—

(a)   

starts when section 40(5) comes into force, and

(b)   

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

40

      (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.

 

 

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

147

 

Part 2

Mayor and council manager executive

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.

5

Continued operation of existing executive

7     (1)  

The coming into force of section 40(7) does not prevent the local authority

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

10

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.

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).

15

      (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

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

20

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

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

25

mayor and cabinet executive.

      (3)  

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

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.

30

      (5)  

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

authority must—

(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

35

operate the mayor and council manager executive.

      (7)  

But—

(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

40

manager executive.

 

 

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

148

 

      (8)  

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

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

5

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

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—

10

(a)   

a leader and cabinet executive (England), or

(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

15

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

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

20

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

authority must—

25

(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

proposals.

30

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

and adopt executive arrangements which provide for a mayor and cabinet

35

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.

      (4)  

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

40

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.

 

 

Local Government and Public Involvement in Health Bill
Schedule 5 — Parishes: further amendments  1  —

149

 

      (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

5

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—

10

“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;

15

“relevant time” means the time immediately before section 40(7) comes

into force;

“transitional period” means the period that—

(a)   

starts when section 40(7) comes into force, and

(b)   

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

20

      (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

Section 77

 

Parishes: further amendments

1          

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

25

paragraphs 2 to 8.

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 62 of the Local Government and Public

Involvement in Health Act 2007”.

30

      (3)  

In subsection (6)—

(a)   

for “section 16 of the Local Government and Rating Act 1997”

substitute “section 62 of the Local Government and Public

Involvement in Health Act 2007”;

(b)   

for “section 16 of the Act of 1997” substitute “section 62 of the 2007

35

Act”.

3     (1)  

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

as follows.

      (2)  

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

borough council”.

40

4     (1)  

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

 

 

 
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