|
| |
|
36 | Amendment of existing provisions about schemes for ordinary elections |
| |
(1) | In section 7 of the Local Government Act 1972 (c. 70) (elections of |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 in England |
| 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 |
| |
| 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; |
| |
|
| |
|
| |
|
(c) | by an order under section 14 of the Local Government and |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 council, the district council (if any) |
| 20 |
within whose area the electoral area lies; |
| |
(f) | if the local authority is a district council, the county council (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. |
| |
| |
“electoral area”, in relation to a local authority, means any area for which |
| |
councillors are elected to the authority; |
| |
| 35 |
(a) | a county council in England; |
| |
(b) | a district council in England; or |
| |
(c) | a London borough council. |
| |
| |
39 | Power to change date of local elections to date of European Parliamentary |
| 40 |
| |
(1) | In section 37 of the Representation of the People Act 1983 (c. 2) (ordinary days |
| |
|
| |
|
| |
|
of local elections in England and Wales), after subsection (2) insert— |
| |
“(2A) | Subsection (1) is subject to any order under— |
| |
(a) | section 37A (local government areas in England), or |
| |
(b) | section 37B (local government areas in Wales).” |
| |
(2) | After that section insert— |
| 5 |
“37A | Power to change date of local elections to date of European |
| |
Parliamentary general election: England |
| |
(1) | The Secretary of State may by order provide that in a year in which a |
| |
European Parliamentary general election is to be held— |
| |
(a) | the ordinary day of election of councillors for counties in |
| 10 |
England, districts and London boroughs, |
| |
(b) | the ordinary day of election of councillors for parishes, and |
| |
(c) | as respects Authority elections, the day on which the poll is to |
| |
be held at an ordinary election, |
| |
| shall be changed so as to be the same as the date of the poll at the |
| 15 |
European Parliamentary general election. |
| |
(2) | An order under subsection (1) may make provision under all of |
| |
paragraphs (a) to (c) or under one or more of those paragraphs. |
| |
(3) | The power under subsection (1) may only be exercised, on each |
| |
occasion, in relation to a single year. |
| 20 |
(4) | Before making an order under this section, the Secretary of State must |
| |
| |
(a) | the Electoral Commission, and |
| |
(b) | such other persons or bodies as he considers appropriate. |
| |
(5) | An order under subsection (1) may make incidental, supplementary or |
| 25 |
consequential provision or savings. |
| |
(6) | Where the Welsh Ministers make an order under section 37B, the |
| |
Secretary of State may by order make such consequential provision in |
| |
relation to elections in England as he thinks fit. |
| |
(7) | The powers under subsections (5) and (6) include power to make— |
| 30 |
(a) | different provision for different purposes; |
| |
(b) | provision disapplying or modifying the application of an |
| |
enactment or an instrument made under an enactment. |
| |
(8) | An order under this section must be made by statutory instrument. |
| |
(9) | A statutory instrument containing an order made under this section |
| 35 |
may not be made unless a draft of the instrument has been laid before |
| |
and approved by a resolution of each House of Parliament. |
| |
37B | Power to change date of local elections to date of European |
| |
Parliamentary general election: Wales |
| |
(1) | The Welsh Ministers may by order provide that, in a year in which a |
| 40 |
European Parliamentary general election is to be held, the ordinary day |
| |
of election of councillors for— |
| |
(a) | counties in Wales and county boroughs, and |
| |
| |
|
| |
|
| |
|
| shall be changed so as to be the same as the date of the poll at the |
| |
European Parliamentary general election. |
| |
(2) | An order under subsection (1) may make provision under paragraphs |
| |
(a) and (b) or under one of those paragraphs. |
| |
(3) | The power under subsection (1) may only be exercised, on each |
| 5 |
occasion, in relation to a single year. |
| |
(4) | Before making an order under this section, the Welsh Ministers must |
| |
| |
(a) | the Electoral Commission, and |
| |
(b) | such other persons or bodies as they consider appropriate. |
| 10 |
(5) | An order under subsection (1) may make incidental, supplementary or |
| |
consequential provision or savings. |
| |
(6) | Where the Secretary of State makes an order under section 37A, the |
| |
Welsh Ministers may by order make such consequential provision in |
| |
relation to elections in Wales as they think fit. |
| 15 |
(7) | The powers under subsections (5) and (6) include power to make— |
| |
(a) | different provision for different purposes; |
| |
(b) | provision disapplying or modifying the application of an |
| |
enactment or an instrument made under an enactment. |
| |
(8) | An order under this section must be made by statutory instrument. |
| 20 |
(9) | A statutory instrument containing an order made under this section |
| |
may not be made unless a draft of the instrument has been laid before |
| |
and approved by a resolution of the National Assembly for Wales.” |
| |
(3) | In section 3 of the Greater London Authority Act 1999 (c. 29) (time of ordinary |
| |
elections), in subsection (3), after “section 37(2)” insert “or 37A”. |
| 25 |
| |
Executive arrangements for England |
| |
40 | Executive arrangements for England |
| |
(1) | Section 11 of the Local Government Act 2000 (c. 22) is amended in accordance |
| |
| 30 |
(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 |
| 35 |
| |
(4) | After subsection (2) insert— |
| |
“(2A) | In the case of any local authority in England, the executive may consist |
| |
| |
|
| |
|
| |
|
(a) | a councillor of the authority (referred to in this Part as the |
| |
executive leader) elected as leader of the executive by the |
| |
| |
(b) | two or more councillors of the authority appointed to the |
| |
executive by the executive leader. |
| 5 |
| Such an executive is referred to in this Part as a leader and cabinet |
| |
| |
| |
(a) | for the words before paragraph (a) substitute— |
| |
“(3) | In the case of any local authority in Wales, the executive may |
| 10 |
| |
(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 |
| 15 |
| |
(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— |
| 20 |
“(4) | In the case of any local authority in Wales, the executive may consist |
| |
| |
(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 |
| 25 |
| |
| |
(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”. |
| 30 |
(11) | After subsection (9) insert— |
| |
“(9A) | In this Part, a reference to a leader and cabinet executive is a reference |
| |
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).” |
| 35 |
(12) | In subsection (10) for “subsection (3)(a)” substitute “subsection (2A)(a) or |
| |
| |
41 | 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”. |
| 40 |
|
| |
|
| |
|
(3) | For section 14(1) substitute— |
| |
“(1) | Subject to any provision made under section 18, 19 or 20, any functions |
| |
which, under executive arrangements, are the responsibility of— |
| |
(a) | a mayor and cabinet executive, |
| |
(b) | a leader and cabinet executive (England), or |
| 5 |
(c) | an elected executive, |
| |
| are to be discharged in accordance with this section.” |
| |
(4) | In section 14(2) and (3) for “elected mayor” substitute “senior executive |
| |
| |
| 10 |
(a) | for “elected mayor” substitute “senior executive member”; |
| |
(b) | for “that member” substitute “the member who may discharge the |
| |
| |
(6) | In section 14(5) for “elected mayor” substitute “senior executive member”. |
| |
| 15 |
(a) | for “an elected mayor” substitute “a senior executive member”; |
| |
(b) | for “the elected mayor” substitute “the senior executive member”. |
| |
(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; |
| 20 |
(b) | in the case of a leader and cabinet executive (England): the |
| |
| |
(c) | in the case of an elected executive: the elected leader.”. |
| |
| |
(a) | for the title substitute “Discharge of functions: leader and cabinet |
| 25 |
| |
(b) | in subsection (1) for “leader and cabinet executive” substitute “leader |
| |
and cabinet executive (Wales)”. |
| |
42 | Changing governance arrangements |
| |
After section 33 of the Local Government Act 2000 (c. 22) insert— |
| 30 |
“Changing governance arrangements: general provisions |
| |
33A | Executive arrangements: different form of executive |
| |
A local authority in England which is operating executive |
| |
| |
(a) | vary the arrangements so that they provide for a different form |
| 35 |
| |
(b) | if it makes such a variation, vary the arrangements in such other |
| |
respects (if any) as it considers appropriate. |
| |
33B | Executive arrangements: other variation of arrangements |
| |
A local authority in England which is operating executive |
| 40 |
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. |
| |
33C | Alternative arrangements: move to executive arrangements |
| |
(1) | This section applies to a local authority in England which is operating |
| |
alternative arrangements. |
| 5 |
(2) | An authority which is no longer eligible for alternative arrangements |
| |
| |
(a) | cease to operate alternative arrangements, and |
| |
(b) | start to operate executive arrangements. |
| |
(3) | Any other authority may— |
| 10 |
(a) | cease to operate alternative arrangements, and |
| |
(b) | start to operate executive arrangements. |
| |
(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. |
| 15 |
(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 |
| |
| |
33D | Alternative arrangements: variation of arrangements |
| |
(1) | A local authority in England which is operating alternative |
| 20 |
arrangements may vary the arrangements so that they differ from the |
| |
existing arrangements in any respect. |
| |
(2) | But this section does not apply to a local authority which is no longer |
| |
eligible for alternative arrangements (within the meaning of section |
| |
| 25 |
33E | Proposals by local authority |
| |
(1) | This section applies to a local authority which— |
| |
(a) | wishes to make a change in governance arrangements, or |
| |
(b) | is required to make such a change by section 33C(2). |
| |
(2) | The local authority must draw up proposals for the change. |
| 30 |
(3) | The proposals must include— |
| |
(a) | a timetable with respect to the implementation of the proposals, |
| |
| |
(b) | details of any transitional arrangements which are necessary for |
| |
the implementation of the proposals. |
| 35 |
(4) | The following subsections apply if the proposed change is of the kind |
| |
| |
(a) | section 33A (different form of executive), or |
| |
(b) | section 33C (move to executive arrangements). |
| |
(5) | Before drawing up its proposals, the local authority must take |
| 40 |
reasonable steps to consult the local government electors for, and other |
| |
interested persons in, the authority’s area. |
| |
|
| |
|