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| | | (2) | Where no recognised group has overall control, it shall be competent for the |
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| | | council to implement other arrangements as it may determine.’. |
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| | Page 26 [Clause 42], leave out lines 4 to 10 and insert—
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| | ‘A local authority in England which is operating alternative arrangements may—’. |
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| | Page 26 [Clause 42], leave out lines 13 to 18. |
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| | Page 26 [Clause 42], leave out lines 23 to 25. |
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| | Page 26, line 28 [Clause 42], leave out from ‘arrangements’ to end of line 29. |
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| | Page 27, line 40 [Clause 42], leave out ‘members or’. |
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| | Page 27 [Clause 42], leave out line 44. |
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| | Page 28, line 9 [Clause 42], leave out ‘33A’ and insert ‘33ZA’. |
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| | Page 28, line 35 [Clause 42], leave out ‘2007’ and insert ‘2008’. |
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| | Page 29, line 19 [Clause 42], leave out ‘or elected executive’. |
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| | Page 29 [Clause 42], leave out line 23. |
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| | Page 29 [Clause 42], leave out from beginning of line 44 to end of line 2 on page 30. |
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| | Page 30, line 3 [Clause 42], leave out ‘or elected’. |
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| | Page 30, line 7 [Clause 42], leave out from ‘executive’ to end of line 8. |
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| | Page 30, line 11 [Clause 42], leave out from ‘mayor’ to end of line 12. |
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| | Page 30 [Clause 42], leave out lines 15 to 28. |
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| | Page 30, line 35 [Clause 42], leave out ‘2008’ and insert ‘2009’. |
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| | Page 31 [Clause 42], leave out line 19. |
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| | Page 31, line 31 [Clause 42], column 2, leave out ‘2007’ and insert ‘2009’. |
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| | Page 31, line 32 [Clause 42], column 2, leave out ‘2011’ and insert ‘2013’. |
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| | Page 32, line 22 [Clause 43], leave out ‘an elected executive,’. |
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| | Page 32, line 32 [Clause 44], after ‘authority’ insert ‘in England’. |
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| | Page 32, line 35 [Clause 44], after ‘mayor’ insert ‘of a local authority’. |
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| | Page 33, line 1, leave out Clause 45. |
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| | Page 33 [Clause 45], leave out lines 29 and 30 and insert— |
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| | | ‘(4) | The number of persons included in a proposed executive must comply with the |
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| | | requirements in the second column of the following table that apply to the local |
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| | | | The requirements that apply to the local authority are those in the row that sets |
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| | | out the kind of executive arrangements operated by the local authority. |
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| | Kind of executive arrangements |
| | | | | | The local authority’s executive |
| The number of persons included in a |
| | | | | arrangements include provision |
| proposed executive must be the same as the |
| | | | | under paragraph 2A(2) of Schedule 1 |
| | | | | | (specified membership of executive). |
| | | | | | The local authority’s executive |
| The number of persons included in a |
| | | | | arrangements include provision |
| | | | | | under paragraph 2A(2D) of Schedule |
| (a) | must be the same as, or greater than, |
| | | | | 1 (specified minimum and maximum |
| the specified minimum membership, |
| | | | | membership of executive). |
| | | | | | | (b) | must not be greater than the specified |
| | | | | | | | | | | The local authority’s executive |
| The number of persons included in a |
| | | | | arrangements do not include |
| | | | | | provision under paragraph 2A(2) or |
| (a) | must be 3 or more, but |
| | | | | | (b) | must not be greater than the |
| | | | | | maximum number of members of the |
| | | | | | elected executive (as determined |
| | | | | | under section 11(8) or regulations |
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| | Page 34, line 17 [Clause 46], leave out from ‘mayor’ to end of line 18. |
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| | Page 34 [Clause 47], leave out line 29. |
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| | Page 34, line 30 [Clause 47], leave out ‘other’. |
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| | Page 34 [Clause 48], leave out lines 32 and 33 and insert— |
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| | | ‘(1) | Section 41 of the Local Government Act 2000 (regulations about time of |
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| | | elections etc) is amended as follows. |
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| | | (2) | The provision of section 41 becomes subsection (1) of that section. |
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| | Page 34, line 39 [Clause 48], at end insert— |
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| | | ‘(4) | After subsection (1) insert— |
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| | | “(2) | Regulations under this section may not provide for an elected executive |
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| | | by-election to be held if the number of remaining members of the |
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| | | executive is the same as, or greater than, the minimum effective |
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| | | (3) | But subsection (2) does not prevent the regulations from providing that, |
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| | | in those circumstances, an elected executive by-election may be held at |
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| | | the direction of the elected leader of the executive. |
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| | | “elected executive by-election” means— |
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| | | (a) | an election to fill a vacancy in the membership of an |
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| | | (b) | an election of a new elected executive because of |
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| | | vacancies in the membership of the current executive; |
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| | | but it does not include any election to be held because of a |
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| | | vacancy in the office of elected leader; |
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| | | “minimum effective membership” means, in relation to a local |
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| | | (a) | 3 members of the authority’s executive, or |
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| | | (b) | if the authority’s executive arrangements include |
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| | | provision under paragraph 2A(2B) or (2G) of Schedule |
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| | | 1, the number of members of the authority’s executive |
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| | | specified in that provision.’. |
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| | Page 35, line 2 [Clause 49], leave out subsection (1). |
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| | Page 38, line 1, leave out Clause 51. |
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| | Page 38, line 25 [Clause 52], leave out ‘members or’. |
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| | Page 38, line 34 [Clause 52], column 2, leave out ‘2008’ and insert ‘2010’. |
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| | Page 43, line 25 [Clause 56], leave out subsection (4) and insert— |
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| | | ‘(4) | In exercising a function under or by virtue of this section a parish council must |
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| | | have regard to any guidance issued by the Secretary of State about the exercise of |
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| | Page 43, line 37 [Clause 57], leave out ‘an eligible’ and insert ‘a’. |
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| | Page 44, line 1 [Clause 57], leave out subsection (4). |
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| | Page 44, line 8 [Clause 58], leave out ‘an eligible’ and insert ‘a’. |
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