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After section 40 of the Local Government Act 2000 (c. 22) insert— |
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(1) | The leader and other members of the elected executive of a local |
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authority are to be elected by the local government electors for the |
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authority’s area in accordance with the provisions made by or under |
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(2) | A member of the elected executive of a local authority is to be treated |
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as a member or councillor of the authority for the purposes of such |
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enactments (whenever passed or made) as may be specified in |
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regulations made by the Secretary of State under this subsection. |
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(3) | Elections for the return of the members of an elected executive of a local |
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authority are to take place on the ordinary day of election in each of the |
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(4) | The term of office of the members of an elected executive is to be four |
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(5) | But the term of office of all the members of an elected executive ends if |
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the elected leader ceases to hold office. |
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(6) | This section is subject to regulations under section 41. |
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(1) | Subject to regulations under section 41, a person may not become a |
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member of an elected executive unless the person is included in a |
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proposed executive which is returned in accordance with section 42A. |
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(2) | A proposed executive is a list of persons seeking to be returned together |
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as the elected executive. |
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(3) | A proposed executive must specify which of the listed persons is |
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seeking to be returned as the elected leader. |
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(4) | The number of persons included in a proposed executive must be equal |
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to the number of members of the executive which is to be elected. |
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40C | Election as member of elected executive and councillor |
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(1) | If a person who is returned at an election as a member of an elected |
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executive of a local authority is also returned at an election held at the |
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same time as a councillor of the authority, a vacancy shall arise in the |
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(2) | If the person who is returned at an election (“the executive election”) as |
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a member of the elected executive of a local authority— |
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(a) | is a councillor of the authority, and |
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(b) | was returned as such a councillor at an election held at an earlier |
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time than the executive election, |
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| a vacancy shall arise in the office of councillor. |
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(3) | Subject to subsection (4), a person who is a member of the elected |
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executive of a local authority may not be a candidate in an election for |
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the return of a councillor or councillors of the authority. |
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(4) | A person who is a member of the elected executive of a local authority |
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may be a candidate in an election for the return of a councillor or |
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councillors of the authority if the election is held at the same time as an |
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election for the return of the elected executive of the authority. |
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(5) | But subsection (1) applies if he is a candidate in both such elections and |
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he is returned both as a member of the elected executive and as a |
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46 | Other elected executive members |
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After section 40C of the Local Government Act 2000 (c. 22) insert— |
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“Other executive members who are elected |
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40D | Other executive members who are elected |
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(1) | This section applies to any elected member of a local authority |
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(b) | a member of an elected executive. |
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(2) | Subject to regulations under section 41, the term of office of the member |
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of the executive is to be four years. |
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(3) | The member of the executive is to be elected as such by the local |
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government electors for the authority’s area in accordance with the |
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provisions made by or under this Part.” |
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47 | Meaning of “elected executive member” |
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After section 40D of the Local Government Act 2000 insert— |
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“Elections of mayors, elected executives etc |
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40E | Meaning of “elected executive member” |
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In this Part “elected executive member” means— |
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(a) | a member of an elected executive, or |
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(b) | a member of any other executive to whom section 40D applies.” |
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In section 41 of the Local Government Act 2000 (regulations about time of |
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(a) | after “provision” insert “of one or more of the following kinds”; |
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(b) | in paragraph (c) omit “and”; |
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(c) | after paragraph (d) insert— |
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“(e) | as to the election of a new elected executive if vacancies |
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arise in the membership of the current elected |
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49 | Voting at elections of elected executives |
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(1) | After section 42 of the Local Government Act 2000 (c. 22) insert— |
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“42A | Voting at elections of elected executives |
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(1) | Each person entitled to vote as an elector at an election for the return of |
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an elected executive is to have the following vote or votes— |
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(a) | one vote (referred to in this Part as a first preference vote) which |
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may be given for the voter’s first preference from among the |
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(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 |
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be given for the voter’s second preference from among the |
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(2) | The elected executive is to be returned under the simple majority |
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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 |
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to be returned under the supplementary vote system in accordance |
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(4) | If a proposed executive is returned in accordance with this section— |
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(a) | the proposed leader is returned as the elected leader; |
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(b) | the other persons included in the proposed executive are |
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returned as the other members of the executive. |
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(5) | The proposed leader is the person who is specified in the proposed |
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executive as seeking to be returned as the elected leader.”. |
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(2) | Schedule 2 (supplementary vote system: consequential amendments) has |
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50 | Leader and cabinet executives (England) |
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After section 44 of the Local Government Act 2000 insert— |
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“Leader and cabinet executives (England) |
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44A | Election of leader: whole-council elections |
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(1) | This section applies to a local authority if it— |
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(a) | is subject to whole-council elections, and |
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(b) | is, on the day of a post-election annual meeting, operating a |
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leader and cabinet executive (England). |
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(2) | The executive leader is to be elected at the post-election annual |
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(3) | But if the council fails to elect the executive leader at the post-election |
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annual meeting, an executive leader is to be elected at a subsequent |
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(4) | For the purposes of this section and section 44D— |
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(a) | a local authority is subject to whole-council elections if, under |
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the scheme for the ordinary elections of its councillors, all of the |
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councillors are elected in each year in which the elections are |
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(b) | “post-election annual meeting” means the first annual meeting |
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of a local authority to be held after ordinary elections take place. |
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44B | Election of leader: partial-council elections |
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(1) | This section applies to a local authority if it— |
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(a) | is subject to partial-council elections, and |
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(b) | is, on the day of a relevant annual meeting, operating a leader |
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and cabinet executive (England). |
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(2) | The executive leader is to be elected at the relevant annual meeting. |
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(3) | But if the council fails to elect the executive leader at the relevant |
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annual meeting, the executive leader is to be elected at a subsequent |
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(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 |
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the scheme for the ordinary elections of its councillors, one-half |
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or one-third (or, in either case, as nearly as may be) of the |
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councillors are elected in each year in which the elections are |
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(b) | “relevant annual meeting” means— |
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(i) | the first annual meeting to be held after the local |
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authority starts to operate the leader and cabinet |
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(ii) | any subsequent annual meeting held on a day when an |
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executive leader’s term of office is to end by virtue of |
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(1) | Executive arrangements by a local authority which provide for a leader |
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and cabinet executive (England) may include provision for the council |
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to remove the executive leader by resolution. |
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(2) | If a council passes a resolution to remove the executive leader, a new |
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executive leader is to be elected— |
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(a) | at the meeting at which the leader is removed from office, or |
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(b) | at a subsequent meeting. |
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44D | Term of office of leader: whole-council elections |
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(1) | This section applies to the executive leader of a local authority which— |
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(a) | is operating a leader and cabinet executive (England), and |
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(b) | is subject to whole-council elections. |
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(2) | The executive leader’s term of office starts on the day of his election as |
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(3) | The executive leader’s term of office ends on the day of the post- |
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election annual meeting which follows his election as leader. |
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(4) | But if the executive leader is removed from office in accordance with |
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section 44C, his term of office ends on the day of his removal. |
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