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44E | Term of office of leader: partial-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 partial-council elections. |
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(2) | The executive leader’s term of office starts on the day of his election. |
| 5 |
(3) | The executive leader’s term of office ends on the day when the council |
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holds its first annual meeting after the leader’s normal day of |
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retirement as a councillor. |
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(4) | But that is subject to subsections (5) and (6). |
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(5) | 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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(6) | If the local authority becomes subject to whole-council elections, the |
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executive leader’s term of office ends on the day of the annual meeting |
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which follows the first whole-council elections. |
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(7) | For the purposes of this section an executive leader’s normal day of |
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retirement as a councillor is the day when the leader would next be |
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required to retire as a councillor of the council if section 44F were |
| |
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44F | Leader to continue to hold office as councillor |
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(1) | The executive leader of a leader and cabinet executive (England) |
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remains a member of the council during his term of office as leader. |
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(2) | Accordingly, any enactment which provides for his earlier retirement |
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as a councillor does not apply. |
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(3) | This section does not affect anything by which the executive leader may |
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cease to be a councillor otherwise than by retirement (including |
| 25 |
disqualification or resignation). |
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44G | No other means of electing or removing leader |
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(1) | This section applies to a local authority which operate a leader and |
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cabinet executive (England). |
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(2) | An executive leader may not be elected except in accordance with |
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section 44A, 44B or 44C or regulations under section 44H. |
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(3) | An executive leader may not be removed from office except in |
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accordance with section 44C or regulations under section 44H. |
| |
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(1) | The Secretary of State may by regulations make provision— |
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(a) | as to the term of office of an executive leader of a leader and |
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cabinet executive (England), and |
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(b) | as to the filling of vacancies in the office of executive leader of a |
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leader and cabinet executive (England). |
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(2) | Sections 44A to 44E are subject to regulations under this section.” |
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|
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51 | Time limit for holding further referendum |
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(1) | For section 45(1) of the Local Government Act 2000 (c. 22) (period within which |
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more than one referendum may not be held)— |
| |
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(a) | in England may not hold more than one referendum in any |
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(b) | in Wales may not hold more than one referendum in any period |
| |
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(2) | Section 45 as amended by subsection (1) applies to referendums held before, |
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and referendums held after, this section comes into force. |
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(1) | Section 48 of the Local Government Act 2000 is amended as follows. |
| |
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(a) | in the definition of “elected executive member”, for “section 39(4)” |
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substitute “section 40E”; |
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(b) | in the definition of “executive leader”, for “section 11(3)(a)” substitute |
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“section 11(2A)(a) or (3)(a)”; |
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(c) | in the definition of “first preference vote”, after “section 42(1)(a)” insert |
| |
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(d) | in the definition of “second preference vote”, After “section 42(1)(b)” |
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insert “or section 42A(1)(b)”. |
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(3) | In subsection (1) insert the following definitions at the appropriate places— |
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““elected leader” means the leader of an elected executive,”; |
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““ordinary day of election”, in relation to a local authority, means |
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the day of ordinary elections of members or councillors of the |
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““proposed executive” is to be read in accordance with section |
| |
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(4) | After subsection (1) insert— |
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“(1A) | In this Part “relevant election years”, in relation to a local authority, |
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means the years specified in the second column of the following table |
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in relation to that type of authority. |
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| | | | | | | | | 2008 and every fourth year afterwards |
| | | | | | 2009 and every fourth year afterwards |
| | 35 | | | | 2010 and every fourth year afterwards |
| | | | | Non-metropolitan district |
| 2011 and every fourth year afterwards” |
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|
53 | Further amendments & transitional provision |
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(1) | Schedule 3 (new arrangements for executives: further amendments) has effect. |
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|
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(2) | Schedule 4 (new arrangements for executives: transitional provision) has |
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54 | Supplementary provision |
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The provision that may be made under section 192 or 194(5)(b) includes— |
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(a) | provision for the dates and years of elections for the return of an elected |
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mayor or elected executive members to be varied; |
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(b) | if provision is made under paragraph (a), provision for the term of |
| |
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(i) | the elected mayor and any other member of his executive, or |
| |
(ii) | the elected executive members, |
| 10 |
| to end earlier, or later, than it would otherwise do. |
| |
| |
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55 | Parishes: alternative styles |
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(1) | The Local Government Act 1972 (c. 70) is amended as follows. |
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(2) | After section 11 insert— |
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“11A | Grouping: alternative styles |
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(1) | An order under section 11(1) which forms a new group may make the |
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provision set out in subsection (3). |
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(2) | But the order must make that provision in either of these cases— |
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(a) | if at least one of the parishes which is to be grouped does not |
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have an alternative style, and at least one of them does have an |
| |
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(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 |
| |
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(3) | The provision referred to in subsections (1) and (2) is— |
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(a) | provision that each of the parishes in the group shall have an |
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(b) | provision that each of the parishes in the group which has an |
| |
alternative style shall cease to have an alternative style. |
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(4) | Provision made by virtue of subsection (3)(a)— |
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(a) | must provide for each of the parishes to have the same |
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(b) | may provide for each of the parishes to have an alternative style |
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which any of them already has; |
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(c) | has the effect that each parish in the new group shall cease to |
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have any different alternative style which it had before the |
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|
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(5) | An order under section 11(1) which adds one or more parishes to an |
| |
existing group must make the provision set out in subsection (6) if— |
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(a) | the parishes in the group do not have an alternative style, and |
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(b) | at least one of the parishes which is to be added has an |
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(6) | The provision referred to in subsection (5) is provision that each added |
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parish which has an alternative style shall cease to have an alternative |
| |
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(7) | An order under section 11(1) which adds one or more parishes to an |
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existing group must make the provision set out in subsection (8) if— |
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(a) | the parishes in the group have an alternative style, and |
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(b) | at least one of the parishes which is to be added— |
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(i) | has a different alternative style, or |
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(ii) | does not have any of the alternative styles. |
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(8) | The provision referred to in subsection (7) is provision that each added |
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parish shall (if it does not already have the style) have the same |
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alternative style as the parishes already in the group. |
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(9) | If an order makes provision under subsection (1) or (2) for parishes to |
| |
have an alternative style, the group shall have the appropriate one of |
| |
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(a) | “group of communities”; |
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(b) | “group of neighbourhoods”; |
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(10) | As soon as practicable after making an order which includes any |
| |
provision under this section, the council which makes the order must |
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give notice of the change of style to all of the following— |
| |
(a) | the Secretary of State; |
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(b) | the Electoral Commission; |
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(c) | the Office of National Statistics; |
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(d) | the Director General of the Ordnance Survey; |
| 30 |
(e) | any district council or county council within whose area the |
| |
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(3) | After section 12 insert— |
| |
“12A | Parishes: alternative styles |
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(1) | This section applies to a parish which is not grouped with any other |
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| |
(2) | The appropriate parish authority may resolve that the parish shall have |
| |
one of the alternative styles. |
| |
(3) | If the parish has an alternative style, the appropriate parish authority |
| |
may resolve that the parish shall cease to have that style. |
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(4) | A single resolution may provide for a parish— |
| |
(a) | to cease to have an alternative style, and |
| |
(b) | to have another of the alternative styles instead. |
| |
| |
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|
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(5) | As soon as practicable after passing a resolution under this section, the |
| |
appropriate parish authority must give notice of the change of style to |
| |
| |
(a) | the Secretary of State; |
| |
(b) | the Electoral Commission; |
| 5 |
(c) | the Office of National Statistics; |
| |
(d) | the Director General of the Ordnance Survey; |
| |
(e) | any district council, county council or London borough council |
| |
within whose area the parish lies. |
| |
(6) | In this section “appropriate parish authority” means— |
| 10 |
(a) | the parish council, or |
| |
(b) | if the parish does not have a parish council, the parish meeting.” |
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(4) | In section 13 (constitution of parish meeting etc) after subsection (5) insert— |
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“(5A) | If the parish has the style of community— |
| |
(a) | the parish meeting shall have the style of “community |
| 15 |
| |
(b) | the parish trustees shall be known by the name of “The |
| |
Community Trustees” with the addition of the name of the |
| |
| |
(5B) | If the parish has the style of neighbourhood— |
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(a) | the parish meeting shall have the style of “neighbourhood |
| |
| |
(b) | the parish trustees shall be known by the name of “The |
| |
Neighbourhood Trustees” with the addition of the name of the |
| |
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(5C) | If the parish has the style of village— |
| |
(a) | the parish meeting shall have the style of “village meeting”; |
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(b) | the parish trustees shall be known by the name of “The Village |
| |
Trustees” with the addition of the name of the village.” |
| |
(5) | In section 14 (constitution and powers of parish council), after subsection (2) |
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“(2A) | If the parish has the style of community, the council shall be known by |
| |
the name “The Community Council” with the addition of the name of |
| |
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(2B) | If the parish has the style of neighbourhood, the council shall be known |
| 35 |
by the name “The Neighbourhood Council” with the addition of the |
| |
name of the neighbourhood. |
| |
(2C) | If the parish has the style of village, the council shall be known by the |
| |
name “The Village Council” with the addition of the name of the |
| |
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(6) | In section 15 (chairman and vice-chairman of parish council or meeting), after |
| |
| |
“(11) | If the parish has the style of community, the chairman and vice- |
| |
chairman shall (respectively) have the style— |
| |
(a) | “chairman of the community council”; |
| 45 |
| |
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|
| |
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(b) | “vice-chairman of the community council”. |
| |
(12) | If the parish has the style of neighbourhood, the chairman and vice- |
| |
chairman shall (respectively) have the style— |
| |
(a) | “chairman of the neighbourhood council”; |
| |
(b) | “vice-chairman of the neighbourhood council”. |
| 5 |
(13) | If the parish has the style of village, the chairman and vice-chairman |
| |
shall (respectively) have the style— |
| |
(a) | “chairman of the village council”; |
| |
(b) | “vice-chairman of the village council”.” |
| |
(7) | In section 16 (parish councillors), after subsection (5) insert— |
| 10 |
“(6) | If the parish has the style of community, the councillors shall have the |
| |
style of “councillors of the community council”. |
| |
(7) | If the parish has the style of neighbourhood, the councillors shall have |
| |
the style of “councillors of the neighbourhood council”. |
| |
(8) | If the parish has the style of village, the councillors shall have the style |
| 15 |
of “councillors of the village council”.” |
| |
(8) | Before section 18 (and the cross-heading preceding it) insert— |
| |
“17A | Alternative styles: supplementary |
| |
(1) | This section applies for the purposes of sections 9 to 16A. |
| |
(2) | “Alternative style” means one of the following styles— |
| 20 |
| |
| |
| |
(3) | References to a parish having an alternative style, or a particular |
| |
alternative style, are references to the parish having that style by virtue |
| 25 |
| |
| |
(b) | a resolution under section 12A. |
| |
(4) | The provisions of a relevant order which provide for a parish to have, |
| |
or to cease to have, an alternative style are subject to any resolution |
| 30 |
under section 12A relating to that parish. |
| |
(5) | A resolution under section 12A relating to a parish is subject to any |
| |
provisions of a relevant order which provide for a parish to have, or to |
| |
cease to have, an alternative style. |
| |
(6) | A parish shall cease to have an alternative style if the parish begins to |
| 35 |
have the status of a town by virtue of section 245(6). |
| |
(7) | In this section “relevant order” means an order under— |
| |
(a) | section 11 of this Act, or |
| |
(b) | section 62 of the Local Government and Public Involvement in |
| |
| 40 |
| |
| |
|
