|
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| |
| | |
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| “5C(1) | The council shall consist of an elected mayor, a chairman and |
|
| |
| (2) | A reference in this Act to a member of the council is a reference |
|
| |
| (a) | the chairman of the council, |
|
| (b) | a councillor of the council, or |
|
| (c) | the elected mayor of the council.” |
|
| 12 (1) | Schedule 12 (meetings and proceedings of local authorities) is amended |
|
| |
| (2) | In paragraph 5(5) (who presides over meeting of council operating |
|
| mayoral executive) omit “or a mayor and council manager executive”. |
|
| Local Government Act 1974 (c. 7) |
|
| 13 | The Local Government Act 1974 is amended as follows. |
|
| 14 (1) | Section 30 (reports on investigation) is amended as follows. |
|
| (2) | In subsection (2AB) omit “or mayor and council manager executive”. |
|
| 15 (1) | Section 34 (Interpretation of Part 3) is amended as follows. |
|
| (2) | In the definition of “mayor and cabinet executive” and “mayor and |
|
| council manager executive” for “and “mayor and council manager |
|
| executive” have” substitute “has”. |
|
| Representation of the People Act 1983 (c. 2) |
|
| 16 | The Representation of the People Act 1983 is amended as follows. |
|
| 17 | In section 24 (returning officers: England and Wales) in subsection |
|
| (1)(dd) omit “or a mayor and council manager executive”. |
|
| Local Government Act 1985 (c. 51) |
|
| 18 | The Local Government Act 1985 is amended as follows. |
|
| 19 (1) | Section 35 (disqualification) is amended as follows. |
|
| (2) | In subsection (4) for ““executive leader” and “leader and cabinet |
|
| executive”” substitute “and executive leader”. |
|
| (3) | After subsection (4) insert— |
|
| “(5) | In this section “leader and cabinet executive” means— |
|
| (a) | in relation to England: a leader and cabinet executive |
|
| |
| (b) | in relation to Wales: a leader and cabinet executive |
|
| |
| | and for this purpose “leader and cabinet executive (England)” |
|
| and “leader and cabinet executive (Wales)” have the same |
|
| meanings as in Part 2 of the Local Government Act 2000.” |
|
| Local Government Finance Act 1988 (c. 41) |
|
| 20 | The Local Government Finance Act 1988 is amended as follows. |
|
|
|
| |
| | |
|
| 21 (1) | Section 111 (interpretation of Part 8) is amended as follows. |
|
| (2) | In subsection (3A) omit “leader and cabinet executive,”. |
|
| (3) | After subsection (3A) insert— |
|
| “(3B) | In this Part, “leader and cabinet executive” means— |
|
| (a) | in relation to England: a leader and cabinet executive |
|
| |
| (b) | in relation to Wales: a leader and cabinet executive |
|
| |
| | and for this purpose “leader and cabinet executive (England)” |
|
| and “leader and cabinet executive (Wales)” have the same |
|
| meanings as in Part 2 of the Local Government Act 2000.” |
|
221 | Page 178, line 16, leave out “in accordance with this Schedule” and insert “as |
|
| |
222 | Page 178, line 27, leave out paragraph (a) |
|
223 | Page 178, line 32, leave out “33J(5),” |
|
224 | Page 179, line 34, leave out paragraph 9 |
|
|
225 | Insert the following new Schedule— |
|
| “New arrangements for executives: transitional provision |
|
| |
| Old-style leader and cabinet executive |
|
| |
| 1 | This Part applies to a local authority in England if, at the relevant time, |
|
| the authority is operating an old-style leader and cabinet executive. |
|
| Continued operation of existing executive |
|
| 2 (1) | The coming into force of section 62(5) does not prevent the local |
|
| authority from continuing to operate the old-style leader and cabinet |
|
| executive until the end of the transitional period. |
|
| (2) | For as long as the local authority continues to operate the old-style leader |
|
| and cabinet executive, any enactment amended or repealed by this Part |
|
| of this Act continues to apply in relation to the local authority, and to the |
|
| executive and its operation, as if the amendment or repeal had not been |
|
| |
| Change in form of executive |
|
| 3 (1) | The local authority must make a change in governance arrangements of |
|
| the kind set out in section 33A of the LGA 2000 (new form of executive). |
|
|
|
| |
| | |
|
| (2) | Sections 33E, 33F, 33G, 33I(2) and 33J of the LGA 2000 apply to a change |
|
| in governance arrangements required by this paragraph as they apply to |
|
| a change made under section 33A. |
|
| (3) | In the application of section 33G by virtue of this paragraph, “relevant |
|
| elections” has the meaning given in paragraph 5. |
|
| (4) | Any resolution to make the change in governance arrangements must be |
|
| |
| (a) | at a meeting which is specially convened for the purpose of |
|
| deciding the resolution with notice of the object, and |
|
| (b) | during the permitted resolution period specified in the second |
|
| column of the following table in relation to the authority. |
|
| | Permitted resolution period |
| | | | | The period ending with 31 December 2009 |
| | | | | The period ending with 31 December 2008 |
| | | | | The period ending with 31 December 2009 |
| | | | Non-metropolitan district |
| The period ending with 31 December 2010 |
| | |
|
| (5) | The Secretary of State may by order provide that a permitted resolution |
|
| period is to end later than the last day of the period specified in the table. |
|
| Failure to change form of executive: automatic change |
|
| 4 (1) | This paragraph applies if the local authority does not make a change in |
|
| governance arrangements in accordance with paragraph 3. |
|
| (2) | Before the end of the transitional period, the local authority must draw |
|
| up and adopt executive arrangements which provide for a leader and |
|
| cabinet executive (England). |
|
| (3) | But if it appears to the Secretary of State that the authority will fail to |
|
| comply with sub-paragraph (2), the Secretary of State may by order |
|
| specify executive arrangements which provide for a leader and cabinet |
|
| |
| (4) | The leader and cabinet executive (England) which is provided for under |
|
| sub-paragraph (2) or (3) shall come into operation on the last day of the |
|
| |
| (5) | Arrangements which the Secretary of State specifies under sub- |
|
| paragraph (3) are to be treated as having been made by the local |
|
| |
| (6) | Arrangements which come into operation in accordance with sub- |
|
| paragraph (4) are to be treated as being operated after the passing of a |
|
| resolution of the authority under section 33F of the LGA 2000. |
|
| (7) | As soon as practicable after executive arrangements are adopted under |
|
| sub-paragraph (2), or specified under sub-paragraph (3), the local |
|
| authority must comply with the duties set out in the following |
|
| provisions of the LGA 2000— |
|
| |
|
|
| |
| | |
|
| (b) | section 29(2)(b)(ii) to (v). |
|
| |
| |
| “LGA 2000” means the Local Government Act 2000 (c. 22); |
|
| “old-style leader and cabinet executive” means a leader and cabinet |
|
| executive of the form specified in section 11(3) of the LGA 2000; |
|
| “relevant elections” means the first ordinary elections of councillors |
|
| of the local authority which take place after the end of the |
|
| permitted resolution period (within the meaning of paragraph |
|
| |
| “relevant time” means the time immediately before section 62(5) |
|
| |
| “transitional period” means the period that— |
|
| (a) | starts when section 62(5) comes into force, and |
|
| (b) | ends with the third day after the day of the relevant |
|
| |
| (2) | Expressions used in this Part of this Schedule and in Part 2 of the LGA |
|
| 2000 have the same meaning in this Part as in that Part. |
|
| |
| Mayor and council manager executive |
|
| |
| 6 | This Part applies to a local authority in England if, at the relevant time, |
|
| the authority is operating a mayor and council manager executive. |
|
| Continued operation of existing executive |
|
| 7 (1) | The coming into force of section 62(6) does not prevent the local |
|
| authority from continuing to operate the mayor and council manager |
|
| |
| (2) | For as long as the local authority continues to operate the mayor and |
|
| council manager executive, any enactment amended or repealed by this |
|
| Part of this Act continues to apply in relation to the local authority, and |
|
| to the executive and its operation, as if the amendment or repeal had not |
|
| |
| Change in form of executive |
|
| 8 (1) | The local authority must make a change in governance arrangements of |
|
| the kind set out in section 33A of the LGA 2000 (new form of executive). |
|
| (2) | Sections 33E, 33F, 33I(2) and 33J of the LGA 2000 apply to a change in |
|
| governance arrangements required by this paragraph as they apply to a |
|
| change made under section 33A. |
|
| 9 (1) | This paragraph applies if the proposals drawn up in accordance with |
|
| section 33E provide for a change to a mayor and cabinet executive. |
|
|
|
| |
| | |
|
| (2) | The proposals must specify the day on which the authority is to cease |
|
| operating the mayor and council manager executive and start operating |
|
| the mayor and cabinet executive. |
|
| (3) | The day specified in accordance with sub-paragraph (2) must fall before |
|
| the day which is expected to be the last day of the relevant mayoral term. |
|
| (4) | Any resolution to make the change in governance arrangements must be |
|
| |
| (a) | at a meeting which is specially convened for the purpose of |
|
| deciding the resolution with notice of the object, and |
|
| (b) | on or before 31 December 2008 or such later date as the Secretary |
|
| of State may by order provide. |
|
| (5) | The following sub-paragraphs apply if the local authority adopt the |
|
| mayor and cabinet executive. |
|
| (6) | On the day specified in accordance with sub-paragraph (2), the local |
|
| |
| (a) | cease operating the mayor and council manager executive, and |
|
| (b) | start operating the mayor and cabinet executive. |
|
| (7) | The council manager ceases to hold office when the local authority |
|
| ceases to operate the mayor and council manager executive. |
|
| |
| (a) | the mayor does not cease to hold office, and |
|
| (b) | his term of office is not affected, |
|
| | by virtue of the local authority ceasing to operate the mayor and council |
|
| |
| (9) | Subject to sub-paragraph (6), the local authority must implement the |
|
| change in governance arrangements in accordance with the timetable in |
|
| |
| (10) | Any arrangements (including any enactment or subordinate legislation) |
|
| which apply to the election of the mayor of the mayor and council |
|
| |
| (a) | apply to the first election of the mayor of the mayor and cabinet |
|
| executive as if it were the election of the mayor of the mayor and |
|
| council manager executive, and |
|
| (b) | subject to any order under Part 3, apply in the same way to |
|
| subsequent elections of the mayor of the mayor and cabinet |
|
| |
| 10 (1) | This paragraph applies if the proposals drawn up in accordance with |
|
| section 33E provide for a change to a leader and cabinet executive |
|
| |
| (2) | Section 33K(2), (3), (5) and (6) of the LGA 2000 apply to the change as |
|
| they would if the change were, by virtue of section 33M of the LGA 2000, |
|
| subject to approval in a referendum. |
|
| (3) | Any resolution to make the change in governance arrangements must be |
|
| passed on or before the earlier of these days— |
|
| (a) | the last day of the period of 28 days that begins with the day |
|
| when the referendum is held; |
|
|
|
| |
| | |
|
| (b) | 31 December 2008, or such later date as the Secretary of State may |
|
| |
| (4) | Section 45(1) of the LGA 2000 does not prevent a referendum from being |
|
| held in accordance with section 33K of the LGA 2000 as applied by sub- |
|
| |
| (5) | The proposals must provide for the local authority to cease operating the |
|
| mayor and council manager executive and start operating the leader and |
|
| cabinet executive (England) on the day which is expected to be the last |
|
| day of the relevant mayoral term. |
|
| (6) | The following sub-paragraphs apply if the local authority adopt the |
|
| leader and cabinet executive (England). |
|
| (7) | On the day specified in accordance with sub-paragraph (5), the local |
|
| |
| (a) | cease operating the mayor and council leader executive, and |
|
| (b) | start operating the leader and cabinet executive (England). |
|
| (8) | Subject to sub-paragraph (7), the local authority must implement the |
|
| change in governance arrangements in accordance with the timetable in |
|
| |
| (9) | If the local authority has held its annual meeting in 2009 before changing |
|
| to the leader and cabinet executive (England), the authority must hold a |
|
| meeting within the 21 days following the day on which it changes to that |
|
| |
| (10) | For the purposes of section 44B of the LGA 2000, that meeting is to be |
|
| treated as a relevant annual meeting. |
|
| Failure to change form of executive: automatic change |
|
| 11 (1) | This paragraph applies if the local authority does not make a change in |
|
| its executive arrangements in accordance with paragraph 8. |
|
| (2) | Before the end of the transitional period, the local authority must draw |
|
| up and adopt executive arrangements which provide for a mayor and |
|
| |
| (3) | But if it appears to the Secretary of State that the authority will fail to |
|
| comply with sub-paragraph (2), the Secretary of State may by order |
|
| specify executive arrangements which provide for a mayor and cabinet |
|
| |
| (4) | The mayor and cabinet executive which is provided for under sub- |
|
| paragraph (2) or (3) shall come into operation on the last day of the |
|
| |
| (5) | Arrangements which the Secretary of State specifies under sub- |
|
| paragraph (3) are to be treated as having been made by the local |
|
| |
| (6) | Arrangements which come into operation in accordance with sub- |
|
| paragraph (4) are to be treated as being operated after the passing of a |
|
| resolution of the authority under section 33F of the LGA 2000. |
|
| (7) | As soon as practicable after executive arrangements are adopted under |
|
| sub-paragraph (2), or specified under sub-paragraph (3), the local |
|
|
|
| |
| | |
|
| authority must comply with the duties set out in the following |
|
| provisions of the LGA 2000— |
|
| |
| (b) | section 29(2)(b)(ii) to (v). |
|
| |
| |
| “LGA 2000” means the Local Government Act 2000 (c. 22); |
|
| “relevant election day” means the day in 2009 on which an ordinary |
|
| election of a mayor would take place if the local authority |
|
| continued to operate a mayor and council manager executive; |
|
| “relevant mayoral term”, in relation to proposals, means the term of |
|
| office of the person who is mayor when the proposals are drawn |
|
| |
| “relevant time” means the time immediately before section 62(6) |
|
| |
| “transitional period” means the period that— |
|
| (a) | starts when section 62(6) comes into force, and |
|
| (b) | ends with the third day after the relevant election day. |
|
| (2) | Expressions used in this Part of this Schedule and in Part 2 of the LGA |
|
| 2000 have the same meaning in this Part as in that Part. |
|
| |
| Other transitional provision |
|
| 13 (1) | The Secretary of State may by order make transitional, saving or |
|
| transitory provision for the purposes of— |
|
| (a) | supplementing or giving full effect to Part 3 of this Act; or |
|
| (b) | making provision consequential on the passing of Part 3 of this |
|
| |
| (2) | An order under sub-paragraph (1) may, in particular, make— |
|
| (a) | provision as to the dates on which and years in which relevant |
|
| elections may or must be held; |
|
| (b) | provision as to the intervals between relevant elections; |
|
| (c) | provision as to the term of office of any member of any form of |
|
| |
| (d) | provision as to when sections 33A to 33D of the LGA 2000 are to |
|
| begin to apply in relation to a local authority; |
|
| (e) | provision as to when section 39(6) and (7) of the LGA 2000 are to |
|
| begin to apply in relation to a local authority. |
|
| (3) | An order under sub-paragraph (1) may, in particular, make provision to |
|
| supplement any provision made in Part 1 or 2 of this Schedule. |
|
| (4) | An order under sub-paragraph (1) may not make provision of the kind |
|
| that may be made under section 242. |
|
| (5) | In this paragraph “relevant election” means— |
|
| (a) | an election for the return of an elected mayor; |
|
| (b) | the election by a local authority of the executive leader of a leader |
|
| and cabinet executive (England).” |
|
|