|
| |
| |
(5) | The Secretary of State may by regulations make provision for or in |
| |
connection with requiring prescribed information about prescribed |
| |
decisions made in connection with the discharge of functions which |
| |
are the responsibility of a local authority executive to be made |
| |
available to members of the public or members of the authority. |
| 5 |
(6) | The provision which may be made under subsection (5) includes |
| |
| |
(a) | requiring prescribed information to be made available in |
| |
advance of the prescribed decisions mentioned in that |
| |
| 10 |
(b) | as to the way or form in which prescribed information is to be |
| |
| |
(7) | The Secretary of State may by regulations make provision which, in |
| |
| |
(a) | local authority executives or committees of such executives, |
| 15 |
| |
(b) | joint committees, or sub-committees of such committees, |
| |
falling within subsection (3)(a), |
| |
| applies or reproduces (with or without modifications) any |
| |
provisions of Part 5A of the Local Government Act 1972. |
| 20 |
(8) | The Secretary of State may by regulations make provision, in relation |
| |
| |
(a) | the publication by executives of local authorities under |
| |
section 9FE, or under any provision of regulations under |
| |
section 9FH which applies or reproduces (with or without |
| 25 |
modifications) any provision of section 9FE, of responses to |
| |
reports or recommendations of overview and scrutiny |
| |
committees and sub-committees of such committees, or |
| |
(b) | the provision by such executives under that section of copies |
| |
| 30 |
| which applies or reproduces (with or without modifications) any |
| |
provisions of section 9FG (confidential and exempt information). |
| |
| |
“joint committee” means a joint committee falling within |
| |
section 101(5)(a) of the Local Government Act 1972, |
| 35 |
“prescribed” means prescribed by regulations made by the |
| |
| |
| |
| Schedule A1 (which makes further provision in relation to executive |
| |
arrangements under this Part) has effect. |
| 40 |
9GC | Absence of requirement for political balance |
| |
| |
(a) | a local authority executive, nor |
| |
(b) | a committee of a local authority executive, |
| |
| is to be regarded as a body to which section 15 of the Local |
| 45 |
Government and Housing Act 1989 (duty to allocate seats to political |
| |
| |
| |
| |
|
| |
| |
| |
| |
(1) | In this Part “elected mayor”, in relation to a local authority, means an |
| |
individual elected as mayor of the authority by the local government |
| |
electors for the authority’s area in accordance with the provisions |
| 5 |
made by or under this Part. |
| |
(2) | An elected mayor is to be entitled to the style of “mayor”. |
| |
(3) | 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, |
| 10 |
| does not include a reference to an elected mayor of the authority. |
| |
(4) | But subsection (3) 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 a member or councillor of a local authority for the |
| 15 |
purposes of an enactment (whenever passed or made), and |
| |
(b) | any other contrary intention that appears in any enactment |
| |
(whenever passed or made). |
| |
(5) | Section 2(2A) of, and paragraph 5C(1) of Schedule 2 to, the Local |
| |
Government Act 1972 are not to be taken to indicate any contrary |
| 20 |
intention for the purposes of subsection (4)(b). |
| |
(6) | Elections for the return of an elected mayor are to take place on the |
| |
ordinary day of election in each of the relevant election years. |
| |
(7) | The term of office of an elected mayor of a local authority is to be four |
| |
| 25 |
(8) | This section is subject to regulations under section 9HK or 9HN. |
| |
9HA | Mayoral management arrangements: mayor to be chief executive |
| |
| |
(1) | An elected mayor of a local authority may propose to the authority— |
| |
(a) | that the authority should make the arrangements specified in |
| 30 |
| |
(b) | that the mayor should be able to issue reports under this |
| |
section setting out the mayor’s plans in respect of one or |
| |
more of the matters in subsection (3). |
| |
(2) | The arrangements are— |
| 35 |
(a) | that the elected mayor is the most senior officer of the local |
| |
| |
(b) | that the authority’s head of paid service reports to the elected |
| |
| |
(c) | that the elected mayor holds office on such reasonable terms |
| 40 |
and conditions, including conditions as to remuneration, as |
| |
the local authority thinks fit. |
| |
| |
(a) | the manner in which the discharge by the local authority of |
| |
its different functions is co-ordinated, |
| 45 |
| |
| |
|
| |
| |
(b) | the number and grades of staff required by the authority for |
| |
the discharge of its functions, |
| |
(c) | the organisation of the authority’s staff, and |
| |
(d) | the appointment and proper management of the authority’s |
| |
| 5 |
(4) | An elected mayor is not an employee of a local authority, regardless |
| |
of any terms and conditions upon which the mayor may be an officer |
| |
of the authority under arrangements of the kind mentioned in |
| |
| |
(5) | In this Part “head of paid service” means a person designated as a |
| 10 |
head of paid service under section 4 of the Local Government and |
| |
| |
9HB | Mayoral management arrangements: adoption of mayor’s proposal etc |
| |
(1) | If a local authority receives a proposal from its elected mayor under |
| |
section 9HA(1), the proposal must be considered at a meeting of the |
| 15 |
| |
(2) | Unless the authority passes a resolution at the meeting that the |
| |
mayor’s proposal should not be adopted by a two thirds majority of |
| |
the members of the authority present at the meeting and voting— |
| |
(a) | the arrangements specified in section 9HA(2) must be made, |
| 20 |
| |
(b) | the mayor may issue reports under section 9HA in relation to |
| |
the matters mentioned in subsection (3) of that section that |
| |
are specified in the proposal. |
| |
(3) | A local authority must set out all of the arrangements that it makes |
| 25 |
by virtue of this section in its standing orders. |
| |
(4) | Section 101 of the Local Government Act 1972 (arrangements for |
| |
discharge of functions by local authorities) does not apply to the |
| |
function of considering a proposal under subsection (1). |
| |
9HC | Mayoral management arrangements: duty of certain authorities to |
| 30 |
| |
(1) | This section applies in relation to a local authority— |
| |
(a) | that is operating a mayor and cabinet executive as the result |
| |
of a referendum held by virtue of an order under section 9N, |
| |
(b) | that has not already made the arrangements specified in |
| 35 |
| |
(c) | whose elected mayor may not issue reports under section |
| |
| |
(2) | The elected mayor must, by notice to the local authority, specify the |
| |
matters in section 9HA(3) in relation to which the mayor is to be able |
| 40 |
to issue reports under that section setting out the mayor’s plans. |
| |
(3) | The authority must then make the arrangements specified in section |
| |
| |
(a) | within a reasonable period after the first election for the |
| |
return of an elected mayor that takes place after the |
| 45 |
| |
| |
| |
|
| |
| |
(b) | in any event, within the first term of office of the mayor |
| |
elected at that election. |
| |
(4) | From the time the arrangements specified in section 9HA(2) are |
| |
made, the elected mayor may issue reports under that section setting |
| |
out the mayor’s plans in relation to the matters specified in the notice |
| 5 |
under subsection (2) of this section. |
| |
(5) | A local authority must set out all of the arrangements that it makes |
| |
by virtue of this section in its standing orders. |
| |
9HD | Further provision relating to reports under section 9HA |
| |
(1) | If an elected mayor issues a report under section 9HA, the elected |
| 10 |
mayor must, as soon as practicable, arrange for a copy of it to be sent |
| |
to each member of the local authority. |
| |
(2) | The local authority must consider a report of the elected mayor |
| |
issued under section 9HA at a meeting held not more than three |
| |
months after copies of it have been sent to all the members of the |
| 15 |
| |
(3) | The head of paid service of a local authority operating a mayor and |
| |
cabinet executive may issue reports setting out the head of paid |
| |
service’s suggestions in respect of any of the matters set out in |
| |
section 9HA(3) in relation to which the authority’s elected mayor is |
| 20 |
not able to issue reports under that section. |
| |
(4) | If a local authority’s head of paid service issues a report under |
| |
subsection (3), subsections (1) and (2) apply in relation to that report |
| |
as if references in those subsections to the elected mayor were |
| |
references to the head of paid service. |
| 25 |
(5) | Section 101 of the Local Government Act 1972 (arrangements for |
| |
discharge of functions by local authorities) does not apply to the |
| |
function of considering a report under subsection (2). |
| |
9HE | Mayoral management arrangements: advice etc for members |
| |
(1) | This section applies when a local authority makes the arrangements |
| 30 |
mentioned in section 9HA(2). |
| |
(2) | The local authority must designate one of its officers to provide |
| |
guidance and support to members of the authority. |
| |
(3) | A local authority may not designate its elected mayor under this |
| |
| 35 |
(4) | A local authority must provide the officer designated under this |
| |
section with such staff, accommodation and other resources as are, in |
| |
the officer’s opinion, sufficient to allow the officer to perform the |
| |
function in subsection (2) adequately. |
| |
9HF | Power to transfer functions relating to public services to elected |
| 40 |
| |
(1) | The Secretary of State may by order make provision— |
| |
(a) | enabling or requiring a specified local authority operating a |
| |
mayor and cabinet executive to confer a local public service |
| |
function of any person or body on its elected mayor; |
| 45 |
| |
| |
|
| |
| |
(b) | in relation to a specified local authority operating a mayor |
| |
and cabinet executive, transferring a local public service |
| |
function from any person or body to the authority’s elected |
| |
| |
(c) | about the discharge of local public service functions that are |
| 5 |
conferred on, or transferred to, elected mayors by virtue of |
| |
this section (including provision enabling the discharge of |
| |
those functions to be delegated). |
| |
(2) | An order under this section may modify any enactment (whenever |
| |
passed or made) for the purpose of making the provision mentioned |
| 10 |
| |
(3) | The power to modify an enactment in subsection (2) is a power— |
| |
(a) | to apply that enactment with or without modifications, |
| |
(b) | to extend, disapply or amend that enactment, or |
| |
(c) | to repeal or revoke that enactment with or without savings. |
| 15 |
(4) | An order under this section may disapply, or modify the application |
| |
of, Chapter 4 in relation to a local authority by whose elected mayor |
| |
a function is made exercisable by virtue of the order. |
| |
(5) | An order under this section may make provision for and in |
| |
connection with the transfer of property, rights and liabilities from |
| 20 |
the person who, or body which, would have a local public service |
| |
function but for the order (“the transferor”) to the local authority by |
| |
whose elected mayor the function is made exercisable by virtue of |
| |
| |
(6) | The things that may be transferred by virtue of provision made |
| 25 |
under subsection (5) include— |
| |
(a) | property, rights and liabilities that could not otherwise be |
| |
| |
(b) | property acquired, and rights and liabilities arising, after the |
| |
| 30 |
(7) | Provision which may be made under subsection (5) includes, in |
| |
| |
(a) | for the creation of rights, or the imposition of liabilities, in |
| |
relation to property or rights transferred; |
| |
(b) | about the continuing effect of things done by the transferor in |
| 35 |
respect of anything transferred; |
| |
(c) | about the continuation of things (including legal |
| |
proceedings) in the process of being done by, on behalf of or |
| |
in relation to the transferor in respect of anything transferred; |
| |
(d) | for references to the transferor in an instrument or other |
| 40 |
document relating to anything transferred to be treated as |
| |
references to the local authority; |
| |
(e) | for the shared ownership or use of property; |
| |
(f) | that has the same or similar effect to the TUPE regulations (so |
| |
far as those regulations do not apply in relation to the |
| 45 |
| |
(g) | for the transferor and local authority to be able to modify |
| |
other provision made in relation to the transfer by agreement; |
| |
| |
| |
|
| |
| |
(h) | for any modifications under paragraph (g) to have effect from |
| |
the date when the transfer had effect under the order. |
| |
(8) | For the purposes of this section— |
| |
(a) | an individual who holds employment in the civil service is to |
| |
be treated as employed by virtue of a contract of |
| 5 |
| |
(b) | the terms of the individual’s employment in the civil service |
| |
are to be regarded as constituting the terms of the contract of |
| |
| |
| 10 |
“civil service” means the civil service of the State; |
| |
“local public service function”, in relation to a local authority, |
| |
means a function of a public nature in so far as it relates to the |
| |
provision of a public service— |
| |
(a) | in the local authority’s area, or |
| 15 |
(b) | to the inhabitants of that area; |
| |
“public service” means a service provided to the public or a |
| |
section of the public, whether on payment or not, that— |
| |
(a) | is provided in the exercise of functions of a public |
| |
nature or under statutory authority, or |
| 20 |
(b) | is wholly or partly funded by grants, subsidies or |
| |
other financial assistance from central or local |
| |
| |
“service” includes the provision of goods or facilities of any |
| |
| 25 |
“specified” means specified or described in an order made by |
| |
the Secretary of State under this section; |
| |
“TUPE regulations” means the Transfer of Undertakings |
| |
(Protection of Employment) Regulations 2006 (SI 2006/246); |
| |
references to rights and liabilities include rights and liabilities |
| 30 |
relating to a contract of employment; |
| |
references to the transfer of property include the grant of a |
| |
| |
9HG | Secretary of State to consider certain proposals as to the exercise of |
| |
| 35 |
(1) | If the Secretary of State receives a relevant proposal from an elected |
| |
mayor, the Secretary of State must— |
| |
(a) | consider the proposal, and |
| |
(b) | notify the elected mayor of what action, if any, the Secretary |
| |
of State is to take in relation to the proposal. |
| 40 |
(2) | For the purposes of subsection (1) a “relevant proposal” is a |
| |
| |
(a) | as to how the Secretary of State should exercise the powers in |
| |
section 9HF in relation to the local authority for which the |
| |
person making the proposal is the elected mayor, |
| 45 |
(b) | that is made within the period of one year beginning with |
| |
date of the election at which that person was returned as the |
| |
| |
| |
| |
|
| |
| |
(c) | that is accompanied by such information and evidence as the |
| |
Secretary of State may specify in regulations made under this |
| |
| |
9HH | Power to amend enactments for the purpose of enabling head of paid |
| |
service functions to be conferred on elected mayors |
| 5 |
(1) | The Secretary of State may by order amend any enactment passed or |
| |
made before this section comes into force, for the purposes specified |
| |
| |
| |
(a) | to make provision enabling relevant local authorities to |
| 10 |
confer by resolution a head of paid service function on their |
| |
| |
(b) | to make provision about the discharge of a function that has |
| |
been so conferred (including provision enabling the |
| |
discharge of the function to be delegated). |
| 15 |
| |
“confer”, in relation to a head of paid service function, means to |
| |
make the function exercisable by the elected mayor rather |
| |
than the authority’s head of paid service; |
| |
“head of paid service function” means a function that is |
| 20 |
exercisable by the authority’s head of paid service (whether |
| |
or not it is also exercisable by any other person); |
| |
“relevant local authority” means a local authority that has made |
| |
the arrangements specified in section 9HA(2) (mayoral |
| |
management arrangements: mayor to be chief executive etc). |
| 25 |
9HI | Mayoral management arrangements: failing councils |
| |
(1) | This section applies to a local authority— |
| |
(a) | that operates a mayor and cabinet executive, and |
| |
(b) | in relation to which a direction of the Secretary of State under |
| |
section 15(6) of the Local Government Act 1999 has effect |
| 30 |
(direction that Secretary of State is to exercise specified |
| |
function of authority that fails to comply with the |
| |
requirements of Part 1 of that Act on best value etc). |
| |
(2) | In the case of an authority that has made the arrangements specified |
| |
in subsection (2) of section 9HA, the authority may not continue to |
| 35 |
operate the arrangements specified in paragraphs (a) and (b) of that |
| |
subsection without the consent of the Secretary of State. |
| |
(3) | If the Secretary of State refuses to give consent under subsection (2) |
| |
in relation to an arrangement, the Secretary of State may by direction |
| |
require the authority to make such alternative arrangements as the |
| 40 |
Secretary of State considers appropriate. |
| |
(4) | In the case of an authority that has not made the arrangements in |
| |
subsection (2) of section 9HA, the authority may not make any of the |
| |
arrangements in that subsection without the consent of the Secretary |
| |
| 45 |
| |
| |
|
