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35

 
 

“5C(1)  

The council shall consist of an elected mayor, a chairman and

 

councillors.

 

      (2)  

A reference in this Act to a member of the council is a reference

 

to—

 

(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

 

as follows.

 

      (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

 

(England);

 

(b)    

in relation to Wales: a leader and cabinet executive

 

(Wales);

 

    

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.


 
 

36

 
 

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

 

(England);

 

(b)    

in relation to Wales: a leader and cabinet executive

 

(Wales);

 

    

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

 

follows”

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

After Schedule 4

225

Insert the following new Schedule—

 

“New arrangements for executives: transitional provision

 

Part 1

 

Old-style leader and cabinet executive

 

Application of Part

 

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

 

made.

 

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).


 
 

37

 
 

      (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

 

passed—

 

(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.

 

Type of local authority

Permitted resolution period

 
 

Metropolitan district

The period ending with 31 December 2009

 
 

County

The period ending with 31 December 2008

 
 

London borough

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

 

executive (England).

 

      (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

 

transitional period.

 

      (5)  

Arrangements which the Secretary of State specifies under sub-

 

paragraph (3) are to be treated as having been made by the local

 

authority itself.

 

      (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—

 

(a)    

section 29(2)(a);


 
 

38

 
 

(b)    

section 29(2)(b)(ii) to (v).

 

Interpretation

 

5    (1)  

In this Part—

 

“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

 

3(4)(b));

 

“relevant time” means the time immediately before section 62(5)

 

comes into force;

 

“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

 

elections.

 

      (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.

 

Part 2

 

Mayor and council manager executive

 

Application of Part

 

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

 

executive.

 

      (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

 

been made.

 

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.


 
 

39

 
 

      (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

 

passed —

 

(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

 

authority must—

 

(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.

 

      (8)  

But—

 

(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

 

manager executive.

 

      (9)  

Subject to sub-paragraph (6), the local authority must implement the

 

change in governance arrangements in accordance with the timetable in

 

the proposals.

 

    (10)  

Any arrangements (including any enactment or subordinate legislation)

 

which apply to the election of the mayor of the mayor and council

 

manager executive—

 

(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

 

executive.

 

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

 

(England).

 

      (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;


 
 

40

 
 

(b)    

31 December 2008, or such later date as the Secretary of State may

 

by order provide.

 

      (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-

 

paragraph (2).

 

      (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

 

authority must—

 

(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

 

the proposals.

 

      (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

 

form of executive.

 

    (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

 

cabinet executive.

 

      (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

 

executive.

 

      (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

 

transitional period.

 

      (5)  

Arrangements which the Secretary of State specifies under sub-

 

paragraph (3) are to be treated as having been made by the local

 

authority itself.

 

      (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


 
 

41

 
 

authority must comply with the duties set out in the following

 

provisions of the LGA 2000—

 

(a)    

section 29(2)(a);

 

(b)    

section 29(2)(b)(ii) to (v).

 

Interpretation

 

12  (1)  

In this Part—

 

“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

 

up;

 

“relevant time” means the time immediately before section 62(6)

 

comes into force;

 

“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.

 

Part 3

 

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

 

Act.

 

      (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

 

executive;

 

(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).”


 
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