|
| |
|
9HJ | Election as elected mayor and councillor |
| |
(1) | If the person who is returned at an election as the elected mayor of a |
| |
local authority is also returned at an election held at the same time as |
| |
a councillor of the authority, a vacancy arises in the office of |
| |
| 5 |
(2) | If the person who is returned at an election (“the mayoral election”) |
| |
as the elected mayor of a local authority— |
| |
(a) | is a councillor of the authority, and |
| |
(b) | was returned as such a councillor at an election held at an |
| |
earlier time than the mayoral election, |
| 10 |
| a vacancy shall arise in the office of councillor. |
| |
(3) | Subject to subsection (4), a person who is the elected mayor of a local |
| |
authority may not be a candidate in an election for the return of a |
| |
councillor or councillors of the authority. |
| |
(4) | A person who is the elected mayor of a local authority may be a |
| 15 |
candidate in an election for the return of a councillor or councillors |
| |
of the authority if the election is held at the same time as an election |
| |
for the return of the elected mayor of the authority, but subsection (1) |
| |
applies if the person is a candidate in both such elections and is |
| |
returned both as the elected mayor and as a councillor. |
| 20 |
9HK | Time of elections etc |
| |
| The Secretary of State may by regulations make provision— |
| |
(a) | as to the dates on which and years in which elections for the |
| |
return of elected mayors may or must take place, |
| |
(b) | as to the intervals between elections for the return of elected |
| 25 |
| |
(c) | as to the term of office of elected mayors, and |
| |
(d) | as to the filling of vacancies in the office of elected mayor. |
| |
9HL | Voting at elections of elected mayors |
| |
(1) | Each person entitled to vote as an elector at an election for the return |
| 30 |
of an elected mayor is to have the following vote or votes— |
| |
(a) | one vote (referred to in this Part as a first preference vote) |
| |
which may be given for the voter’s first preference from |
| |
among the candidates to be the elected mayor, and |
| |
(b) | if there are three or more candidates to be the elected mayor, |
| 35 |
one vote (referred to in this Part as a second preference vote) |
| |
which may be given for the voter’s second preference from |
| |
| |
(2) | The elected mayor is to be returned under the simple majority |
| |
system, unless there are three or more candidates. |
| 40 |
(3) | If there are three or more candidates to be the elected mayor, the |
| |
elected mayor is to be returned under the supplementary vote |
| |
system in accordance with Schedule 2. |
| |
| |
(1) | The persons entitled to vote as electors at an election for the return of |
| 45 |
an elected mayor are those who on the day of the poll— |
| |
|
| |
|
| |
|
(a) | would be entitled to vote as electors at an election of |
| |
councillors for an electoral area which is situated within the |
| |
area of the local authority concerned, and |
| |
(b) | are registered in the register of local government electors at |
| |
an address within the authority’s area. |
| 5 |
(2) | A person is not entitled as an elector to cast more than one first |
| |
preference vote, or more than one second preference vote, at an |
| |
election for the return of an elected mayor. |
| |
9HN | Power to make provision about elections |
| |
(1) | The Secretary of State may by regulations make provision as to— |
| 10 |
(a) | the conduct of elections for the return of elected mayors, and |
| |
(b) | the questioning of elections for the return of elected mayors |
| |
and the consequences of irregularities. |
| |
(2) | Regulations made under subsection (1)(a) may, in particular, include |
| |
| 15 |
(a) | about the registration of electors, |
| |
(b) | for disregarding alterations in a register of electors, |
| |
(c) | about the limitation of election expenses (and the creation of |
| |
criminal offences in connection with the limitation of such |
| |
| 20 |
(d) | for the combination of polls at elections for the return of |
| |
elected mayors and other elections. |
| |
(3) | Regulations under this section may— |
| |
(a) | apply or incorporate, with or without modifications or |
| |
exceptions, any provision of, or made under, the |
| 25 |
Representation of the People Acts or any provision of any |
| |
other enactment (whenever passed or made) relating to |
| |
parliamentary elections or local government elections, |
| |
(b) | modify any form contained in, or in regulations or rules |
| |
made under, the Representation of the People Acts so far as |
| 30 |
may be necessary to enable it to be used both for the original |
| |
purpose and in relation to elections for the return of elected |
| |
| |
(c) | so far as may be necessary in consequence of any provision |
| |
made by or under this Part or any regulations under this |
| 35 |
section, amend any provision of any enactment (whenever |
| |
passed or made) relating to the registration of parliamentary |
| |
electors or local government electors. |
| |
(4) | Before making any regulations under this section, the Secretary of |
| |
State must consult the Electoral Commission. |
| 40 |
(5) | In addition, the power of the Secretary of State to make regulations |
| |
under this section so far as relating to matters mentioned in |
| |
subsection (2)(c) is exercisable only on, and in accordance with, a |
| |
recommendation of the Electoral Commission, except where the |
| |
Secretary of State considers that it is expedient to exercise that power |
| 45 |
in consequence of changes in the value of money. |
| |
(6) | No return of an elected mayor at an election is to be questioned |
| |
except by an election petition under the provisions of Part 3 of the |
| |
|
| |
|
| |
|
Representation of the People Act 1983 as applied by or incorporated |
| |
in regulations under this section. |
| |
9HO | Elected mayors: restricted posts |
| |
(1) | A person is disqualified from becoming, or remaining, an elected |
| |
mayor of a local authority if the person holds any of the posts |
| 5 |
mentioned in subsection (2). |
| |
| |
(a) | the authority’s head of paid service; |
| |
(b) | the authority’s monitoring officer designated under section 5 |
| |
of the Local Government and Housing Act 1989; |
| 10 |
(c) | the officer having responsibility for the administration of the |
| |
authority’s financial affairs for the purposes of section 151 of |
| |
the Local Government Act 1972; |
| |
(d) | the authority’s director of children’s services appointed |
| |
under section 18 of the Children Act 2004; |
| 15 |
(e) | the authority’s director of adult social services appointed |
| |
under section 6(A1) of the Local Authority Social Services Act |
| |
| |
(f) | such other posts as may be specified or described in |
| |
regulations made by the Secretary of State under this section. |
| 20 |
Leader and cabinet executives (England) |
| |
9I | Election and term of office of leader |
| |
| Executive arrangements by a local authority which provide for a |
| |
leader and cabinet executive (England)— |
| |
(a) | must include provision with respect to the election of the |
| 25 |
executive leader, including provision for an election where |
| |
there is a vacancy in the office of executive leader, and |
| |
(b) | may include provision with respect to the term of office of the |
| |
| |
| 30 |
(1) | Executive arrangements by a local authority which provide for a |
| |
leader and cabinet executive (England) must include provision for |
| |
the council to remove the executive leader by resolution. |
| |
(2) | If a council passes a resolution to remove the executive leader, a new |
| |
executive leader is to be elected— |
| 35 |
(a) | at the meeting at which the leader is removed from office, or |
| |
(b) | at a subsequent meeting. |
| |
9IB | Leader to continue to hold office as councillor |
| |
(1) | A person who is the executive leader of a leader and cabinet |
| |
executive (England) remains a member of the council during the |
| 40 |
period that the person is the executive leader. |
| |
(2) | Accordingly, any enactment which provides for the person’s earlier |
| |
retirement as a councillor does not apply. |
| |
|
| |
|
| |
|
(3) | This section does not affect anything by which the executive leader |
| |
may cease to be a councillor otherwise than by retirement (including |
| |
disqualification or resignation). |
| |
9IC | No other means of removing leader |
| |
(1) | This section applies to a local authority which operates a leader and |
| 5 |
cabinet executive (England). |
| |
(2) | An executive leader may not be removed from office except in |
| |
accordance with section 9IA or regulations under section 9ID. |
| |
| |
(1) | The Secretary of State may by regulations make provision— |
| 10 |
(a) | as to the election and removal from office of executive leaders |
| |
of leader and cabinet executives (England), |
| |
(b) | as to the term of office of an executive leader of a leader and |
| |
cabinet executive (England), and |
| |
(c) | as to the filling of vacancies in the office of executive leader of |
| 15 |
a leader and cabinet executive (England). |
| |
(2) | Sections 9I to 9IC are subject to regulations under this section. |
| |
| |
| |
9J | Secretary of State power to prohibit delegation of functions etc |
| 20 |
(1) | The Secretary of State may by regulations— |
| |
(a) | specify or describe any function of a committee system local |
| |
authority that is to be a non-delegable function; |
| |
(b) | specify or describe cases or circumstances in which any |
| |
specified or described function of a committee system local |
| 25 |
authority is to be a non-delegable function; |
| |
(c) | specify or describe any action in connection with the |
| |
discharge of a function of a committee system local authority |
| |
that is to be a non-delegable action; |
| |
(d) | specify or describe cases or circumstances in which any |
| 30 |
specified or described action in connection with the |
| |
discharge of a function of a committee system local authority |
| |
is to be a non-delegable action. |
| |
(2) | If a function or action is non-delegable— |
| |
(a) | it must be carried out by the local authority, and |
| 35 |
(b) | such provisions of section 101 of the Local Government Act |
| |
1972 as may be specified in regulations under this section do |
| |
| |
(3) | In this Part “committee system local authority” means a local |
| |
authority that operates a committee system. |
| 40 |
(4) | For the purposes of this section something is specified or described |
| |
if it is specified or described in regulations made by the Secretary of |
| |
State under this section. |
| |
|
| |
|
| |
|
| |
“action” in relation to any function includes any action (of |
| |
whatever nature and whether or not separately identified by |
| |
any enactment) involving— |
| |
(a) | the taking of any step in the course of, or otherwise for |
| 5 |
the purposes of or in connection with, the discharge |
| |
| |
(b) | the doing of anything incidental or conducive to the |
| |
discharge of the function, or |
| |
(c) | the doing of anything expedient in connection with |
| 10 |
the discharge of the function or any action within |
| |
| |
“function” means a function of any nature, whether conferred |
| |
or otherwise arising before, on or after this section comes into |
| |
| 15 |
9JA | Overview and scrutiny committee |
| |
(1) | A committee system local authority may by resolution appoint one |
| |
or more committees as the authority’s overview and scrutiny |
| |
committee or, as the case may be, committees. |
| |
(2) | The Secretary of State may by regulations make provision about— |
| 20 |
(a) | the functions, composition and procedure of a committee |
| |
that has been appointed as an overview and scrutiny |
| |
committee under this section, and |
| |
(b) | the appointment by committee system local authorities of |
| |
joint committees and sub-committees as overview and |
| 25 |
| |
(3) | Provision under subsection (2) may, in particular, include provision |
| |
which applies or reproduces (with or without modifications) any |
| |
provision of, or made under, sections 9F to 9FJ or paragraphs 6 to 13 |
| |
| 30 |
9JB | Overview and scrutiny: flood risk management |
| |
(1) | A committee system local authority that is a lead local flood |
| |
authority must review and scrutinise the exercise by risk |
| |
management authorities of— |
| |
(a) | flood risk management functions, or |
| 35 |
(b) | coastal erosion risk management functions, |
| |
| which may affect the local authority’s area. |
| |
(2) | A local authority may issue such reports and recommendations as it |
| |
considers appropriate in the course of exercising the function in |
| |
| 40 |
(3) | A risk management authority must comply with a request made by |
| |
a local authority in the course of exercising the function in subsection |
| |
| |
| |
(b) | a response to a report. |
| 45 |
(4) | The Secretary of State may make regulations about the duty under |
| |
subsection (3) which may, in particular, include provision— |
| |
|
| |
|
| |
|
(a) | about the procedure to be followed in relation to requests and |
| |
| |
(b) | about notices to be served in relation to requests, |
| |
(c) | for exemptions from the duty, |
| |
(d) | requiring persons to attend to give information orally, |
| 5 |
(e) | about the nature of the information and responses that may |
| |
| |
(f) | about the publication of requests, information and responses. |
| |
(5) | A risk management authority must have regard to any reports or |
| |
recommendations mentioned in subsection (2) that relate to it. |
| 10 |
(6) | Expressions used in this section have the same meaning as in Part 1 |
| |
of the Flood and Water Management Act 2010. |
| |
| |
Changing governance arrangements |
| |
Changes to governance arrangements by local authorities: general provision |
| 15 |
9K | Changing from one form of governance to another |
| |
(1) | A local authority may— |
| |
(a) | cease to operate its existing form of governance, and |
| |
(b) | start to operate a different form of governance. |
| |
(2) | This section is subject to section 9NC (effect of order requiring |
| 20 |
change to mayor and cabinet executive). |
| |
9KA | Executive arrangements: different form of executive |
| |
(1) | A local authority which operates executive arrangements may— |
| |
(a) | vary the arrangements so that they provide for a different |
| |
| 25 |
(b) | if it makes such a variation, vary the arrangements in such |
| |
other respects (if any) as it considers appropriate. |
| |
(2) | This section is subject to section 9NC (effect of order requiring |
| |
change to mayor and cabinet executive). |
| |
9KB | Executive arrangements: other variation of arrangements |
| 30 |
| A local authority which operates executive arrangements may vary |
| |
those arrangements so that they— |
| |
(a) | differ from the existing arrangements in any respect, but |
| |
(b) | still provide for the same form of executive. |
| |
9KC | Resolution of local authority |
| 35 |
(1) | A resolution of a local authority is required in order for the authority |
| |
to make a change in governance arrangements. |
| |
(2) | As soon as practicable after passing such a resolution a local |
| |
| |
|
| |
|
| |
|
(a) | secure that copies of a document setting out the provisions of |
| |
the arrangements that are to have effect following the |
| |
resolution are available at its principal office for inspection by |
| |
members of the public, and |
| |
(b) | publish in one or more newspapers circulating in its area a |
| 5 |
| |
(i) | states that the authority has resolved to make a |
| |
change in its governance arrangements, |
| |
(ii) | states the date on which the change is to have effect, |
| |
(iii) | describes the main features of the change, |
| 10 |
(iv) | states that copies of a document setting out the |
| |
provisions of the arrangements that are to have effect |
| |
following the resolution are available at the |
| |
authority’s principal office for inspection by members |
| |
| 15 |
(v) | specifies the address of the authority’s principal |
| |
| |
(3) | Subsection (4) applies if a local authority passes a resolution in |
| |
accordance with this section (“Resolution A”) which makes a change |
| |
in governance arrangements of the kind set out in— |
| 20 |
(a) | section 9K (change from one form of governance to another), |
| |
| |
(b) | section 9KA (change to a different form of executive). |
| |
(4) | The local authority may not pass another resolution that makes a |
| |
change in governance arrangements of a kind mentioned in |
| 25 |
subsection (3) (“Resolution B”) before the end of the period of 5 years |
| |
beginning with the date Resolution A is passed, unless Resolution B |
| |
is approved in a referendum held in accordance with this Chapter. |
| |
(5) | This section does not apply to a change in governance arrangements |
| |
effected by an order under section 9N (power by order to implement |
| 30 |
change to mayor and cabinet executive). |
| |
Implementation of certain changes to governance arrangements |
| |
9L | Implementation: change in form of governance or change in form of |
| |
| |
(1) | This section applies if a local authority passes a resolution which |
| 35 |
makes a change in governance arrangements of the kind set out in— |
| |
(a) | section 9K (change from one form of governance to another), |
| |
| |
(b) | section 9KA (change to a different form of executive). |
| |
(2) | On the third day after the relevant elections, the local authority |
| 40 |
| |
(a) | cease operating the old form of governance or (as the case |
| |
may be) old form of executive, and |
| |
(b) | start operating the form of governance or (as the case may be) |
| |
form of executive which the change in governance |
| 45 |
arrangements provides for. |
| |
|
| |
|