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Local Government and Public Involvement in Health Bill


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

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 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

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

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 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.

(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 council.

Election dates

39      

Power to change date of local elections to date of European Parliamentary

40

general election

(1)   

In section 37 of the Representation of the People Act 1983 (c. 2) (ordinary days

 
 

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

22

 

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

consult—

(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

(b)   

communities,

 
 

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

23

 

   

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

consult—

(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

Part 3

Executive arrangements for England

40      

Executive arrangements for England

(1)   

Section 11 of the Local Government Act 2000 (c. 22) is amended in accordance

with this section.

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

may consist of—”.

(4)   

After subsection (2) insert—

“(2A)   

In the case of any local authority in England, the executive may consist

of—

 
 

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

24

 

(a)   

a councillor of the authority (referred to in this Part as the

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.

5

   

Such an executive is referred to in this Part as a leader and cabinet

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

10

consist of—”;

(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

of—

(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

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

25

executive”.

(10)   

In subsection (9)—

(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

(3)(a)”.

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

 
 

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

25

 

(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

member”.

(5)   

In section 14(4)—

10

(a)   

for “elected mayor” substitute “senior executive member”;

(b)   

for “that member” substitute “the member who may discharge the

function”.

(6)   

In section 14(5) for “elected mayor” substitute “senior executive member”.

(7)   

In section 14(6)—

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

executive leader;

(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

25

executive (Wales)”;

(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

arrangements may—

(a)   

vary the arrangements so that they provide for a different form

35

of executive, and

(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—

 
 

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

26

 

(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

must—

(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

on that date.

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

33C).

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,

and

(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

set out in—

(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.

 
 

 
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