House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

8

(1A)
Any resolution to make the change in governance arrangements must be

passed during a permitted resolution period.

(1B)
Subsection (2) applies if—

(a)
the local authority is operating a mayor and cabinet executive, and

(b)
the proposed new form of executive is a leader and cabinet

executive (England).

(2)
In such a case—”
71
Page 39, leave out lines 4 to 9 and insert—

“(2A)
Subsection (3) applies if—

(a)
the local authority is operating a mayor and cabinet executive, and

(b)
the proposed new form of executive is a form prescribed in

regulations under section 11(5).

(2B)
In such a case, the 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;

(b)
by a majority of at least two thirds of members voting on it.

(2C)
In subsection (6) the reference to the members of the council includes in a

case where the council are operating a mayor and cabinet executive, the

elected mayor of the council.”
72
Page 39, line 9, at end insert—

“33LA
  Cases in which change subject to approval in referendum

(1)
For the purposes of sections 33K and 33L a change in governance

arrangements is subject to approval in a referendum in either of the

following cases.

(2)
The first case is where the proposals for implementing the local authority’s

current form of executive were themselves approved in a referendum.

(3)
The second case is where the local authority’s proposals under section 33E

provide for the change in governance arrangements to be subject to

approval in a referendum.”
73
Page 39, line 10, leave out from beginning to end of line 15
74
Page 39, line 16, leave out “or elected”
75
Page 39, line 20, leave out from “executive” to end of line 21
76
Page 39, line 24, leave out from “mayor” to end of line 25
77
Page 39, line 28, leave out from beginning to end of line 10 on page 40.
78
Page 40, leave out line 19
79
Page 40, line 34, leave out “1 October” and insert “the day after that council’s

annual meeting”
80
Page 40, line 39, leave out “1 October” and insert “the day after that council’s

annual meeting”
81
Page 41, line 5, leave out “1 October” and insert “the day after that council’s annual

9

meeting”
82
Page 41, line 10, leave out “1 October” and insert “the day after that council’s

annual meeting”
Clause 65
83
Page 41, line 17, leave out “as follows” and insert “in accordance with subsections

(2) to (4)”
84
Page 41, line 22, leave out from “England,” to end of line 24 and insert “an

executive which takes such form permitted by or under section 11 as may be

specified in the regulations;”
85
Page 41, line 26, at end insert—

“(4)
In subsection (3) after “33” insert “or of any of sections 33A to 33P”.

(5)
In section 35(3) of the Local Government Act 2000 (c. 22) (referendum

following direction) after “33” insert “or of any of sections 33A to 33P”.

(6)
In section 36(3) of the Local Government Act 2000 (c. 22) (referendum

following order) after “33” insert “or of any of sections 33A to 33P”.”
Clause 66
86
Page 41, line 30, leave out subsection (2)
87
Page 41, line 30, at end insert—

“( )
For subsection (5) substitute—

“(5A)
A reference in any enactment (whenever passed or made) to—

(a)
a member of a local authority, or

(b)
a councillor of a local authority,


does not include a reference to an elected mayor of the authority.

(5B)
But subsection (5A) is subject to—

(a)
regulations made by the Secretary of State under this

paragraph which provide that an elected mayor is to be

treated as member or councillor of a local authority for the

purposes of an enactment (whenever passed or made), and

(b)
any other contrary intention that appears in any enactment

(whenever passed or made).

(5C)
Sections 2(2A) and 21(1A) of, and paragraph 5C(1) of Schedule 2 to,

the Local Government Act 1972 are not to be taken to indicate any

contrary intention for the purposes of subsection (5B)(b).””
Clause 67
88
Leave out Clause 67
Clause 68
89
Leave out Clause 68

10

Clause 69
90
Leave out Clause 69
Clause 70
91
Leave out Clause 70
Clause 71
92
Leave out Clause 71
Clause 72
93
Page 48, line 12, at end insert—

“(za)
as to the dates on which and years in which executive leaders of

leader and cabinet executives (England) are to be elected by local

authorities,

(zb)
as to the intervals between elections of executive leaders of leader

and cabinet executives (England),”
After Clause 72
94
Insert the following new Clause—

“Power to make incidental, consequential provision etc

(1)
Section 47 of the Local Government Act 2000 (power to make incidental,

consequential provision etc) is amended as follows.

(2)
After subsection (3) insert—

“(4)
The provision which may be made under subsection (1) includes

provision relating to changes in local authority governance

arrangements (including changes of the kinds set out in sections

33A to 33D).

(5)
That includes—

(a)
provision relating to the old governance arrangements, the

new governance arrangements, or both kinds of governance

arrangements,

(b)
provision as to the dates on which and years in which

relevant elections may or must be held,

(c)
provision as to the intervals between relevant elections, and

(d)
provision as to the term of office of any member of any form

of executive.

(6)
In subsection (5) “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).

(7)
Nothing in subsection (2), (3), (4) or (5) affects the generality of the

power in subsection (1).””

11

Clause 73
95
Page 48, line 18, at end insert—

“(A1)
Section 45 of the Local Government Act 2000 (c. 22) (provision with respect

to referendums) is amended as follows.”
96
Page 48, leave out lines 19 and 20 and insert “For subsection (1) substitute—”
97
Page 48, line 25, at end insert—

“(1A)
In subsection (9) after “section 27” insert “or 33K”.”
Clause 74
98
Page 48, line 31, leave out paragraph (a)
99
Page 48, line 35, leave out paragraphs (c) and (d)
100
Page 48, leave out line 40
101
Page 49, leave out lines 1 and 2
After Clause 74
102
Insert the following new Clause—

“Larger authorities to cease operating alterative arrangements

(1)
This section applies to a local authority if—

(a)
the authority is operating alternative arrangements, and

(b)
the resident population of the authority’s area on 30th June 1999

was 85,000 or more.

(2)
The local authority must draw up proposals for—

(a)
ceasing to operate alternative arrangements, and

(b)
starting to operate executive arrangements which provide for a

leader and cabinet executive (England).

(3)
The proposals must include all of the following—

(a)
a statement of the extent to which the functions specified in

regulations under section 13(3)(b) of the Local Government Act

2000 are to be the responsibility of the leader and cabinet executive

(England);

(b)
a timetable with respect to the implementation of the proposals;

(c)
details of any transitional arrangements which are necessary for the

implementation of the proposals.

(4)
The timetable must be such as to ensure that the local authority will make

the proposed move to executive arrangements no later than the day of the

authority’s annual meeting in 2009.

(5)
After drawing up the proposals, the local authority must—

(a)
secure that copies of a document setting out the proposals are

available at the authority’s principal office for inspection by

members of the public at all reasonable times, and

(b)
publish in one or more newspapers circulating in its area a notice

which—

12

(i)
states that the authority has drawn up the proposals,

(ii)
describes the main features of the proposals,

(iii)
states that copies of a document setting out the proposals

are available at their principal office for inspection by

members of the public at such times as may be specified in

the notice, and

(iv)
specifies the address of the principal office.

(6)
A resolution of the local authority is required in order for the authority to

adopt the proposed leader and cabinet executive (England).

(7)
Section 29(2) of the Local Government Act 2000 applies to a resolution

under subsection (6) as it applied to a resolution to operate executive

arrangements.

(8)
If the local authority passes the resolution under subsection (6), the

authority must make the move to the proposed leader and cabinet

executive (England) in accordance with the timetable in the proposals.

(9)
Executive arrangements which come into operation in accordance with this

section are to be treated as being operated after the passing of a resolution

of the local authority under section 33F of the Local Government Act 2000.

(10)
In complying with this section, the local authority must comply with any

directions given by the Secretary of State in connection with this section.

(11)
For the purposes of this section the resident population of any area on 30th

June 1999 is to be taken to be the Registrar General’s estimate of that

population on that date.”
103
Insert the following new Clause—

“Failure to cease operating alternative arrangements

(1)
This section applies if—

(a)
section (Larger authorities to cease operating alternative arrangements)

applies to a local authority, and

(b)
it appears to the Secretary of State that the local authority will fail

to start to operate a leader and cabinet executive (England) by the

day of the authority’s annual meeting in 2009.

(2)
The Secretary of State may by order specify executive arrangements for the

local authority which provide for a leader and cabinet executive (England).

(3)
The leader and cabinet executive (England) which is provided for under

subsection (2) shall come into operation on the day of the local authority’s

annual meeting in 2009.

(4)
Arrangements which the Secretary of State specifies under sub-paragraph

(2) are to be treated as having been made by the local authority itself.

(5)
Arrangements which come into operation in accordance with sub-

paragraph (3) are to be treated as being operated after the passing of a

resolution of the authority under section 33F of the Local Government Act

2000.

(6)
As soon as practicable after executive arrangements are specified under

sub-paragraph (2), the local authority must comply with the following

provisions of the Local Government Act 2000—

13

(a)
section 29(2)(a);

(b)
section 29(2)(b)(ii) to (v).”
104
Insert the following new Clause—

“Sections (Larger authorities to cease operating alterative arrangements) and

(Failure to cease operating alternative arrangements): supplementary

(1)
Section 33C of the Local Government Act 2000 does not apply to a local

authority to which section (Larger authorities to cease operating alternative

arrangements) applies.

(2)
Section 33I(1) of the Local Government Act 2000 is subject to sections

(Larger authorities to cease operating alternative arrangements) and (Failure to

cease operating alternative arrangements).

(3)
Subsection (4) applies to a local authority which—

(a)
starts to operate a leader and cabinet executive (England) in

accordance with section (Larger authorities to cease operating

alternative arrangements) or (Failure to cease operating alternative

arrangements), and

(b)
draws up proposals for a change in those governance arrangements

of the kind set out in section 33A of the Local Government Act 2000

(new form of executive).

(4)
For the purposes of section 33L of the Local Government Act 2000, the first

permitted resolution period is to be the period which—

(a)
starts with 1 October 2010, and

(b)
ends with 31 December 2010;


(rather than the other period ending with 31 December 2010 that is

specified in the table in section 33P(5) of the Local Government Act 2000).

(5)
Expressions used in section (Larger authorities to cease operating alternative

arrangements) or (Failure to cease operating alternative arrangements) that are

also used in Part 2 of the Local Government Act 2000 have the same

meanings in that section as in that Part.”
Clause 75
105
Page 49, line 14, leave out “Schedule 5” and insert “Schedule (New arrangements for

executives: transitional provision)”
Clause 76
106
Leave out Clause 76
Clause 77
107
Page 51, line 5, at end insert—

“11B
De-grouping: alternative styles

(1)
This section applies if—

(a)
the parishes in a group of parishes have an alternative style,

and

(b)
an order under section 11(4) dissolves the group or

separates one or more parishes from the group.

14

(2)
The order under section 11(4) must provide for each de-grouped

parish to continue to have the alternative style.

(3)
In subsection (2) “de-grouped parish” means—

(a)
in the case of dissolution of the group, each parish in the

group;

(b)
in the case of separation of one or more parishes from the

group, each parish that is separated.””
108
Page 51, line 28, at end insert—

“12B
Groups of parishes: alternative styles

(1)
This section applies to a group of parishes.

(2)
The common parish council of the group may resolve that each of

the grouped parishes shall have the same alternative style.

(3)
If each of the grouped parishes has an alternative style, the common

parish council of the group may resolve that each of the grouped

parishes shall cease to have that style.

(4)
A single resolution may provide for each of the grouped parishes—

(a)
to cease to have an alternative style, and

(b)
to have the same one of the other alternative styles instead.

(5)
If the common parish council passes a resolution under this section

for each of the grouped parishes to have an alternative style, the

group of parishes shall have the appropriate one of the following

styles—

(a)
“group of communities”;

(b)
“group of neighbourhoods”;

(c)
“group of villages”.

(6)
As soon as practicable after passing a resolution under this section,

the common parish council of a group must give notice of the

change of style to all of the following—

(a)
the Secretary of State;

(b)
the Electoral Commission;

(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 group lies.””
109
Page 52, line 13, at end insert—

“(2D)
If parishes are grouped under a common parish council—

(a)
subsection (2), (2A), (2B) or (2C) (as appropriate) applies to

that council as the subsection would apply in the case of the

council of an individual parish; but

(b)
the names of all of the parishes, communities,

neighbourhoods or villages in the group are to be included

in the name of the common council.””
110
Page 52, line 27, at end insert—

“(14)
If parishes which have an alternative style are grouped under a

common parish council, subsection (11), (12) or (13) (as