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Localism Bill


Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000

207

 

(3)   

In this section “relevant elections” means, if the change in

governance arrangements provides for the local authority to

operate—

(a)   

a leader and cabinet executive (England): the appropriate

elections of councillors;

5

(b)   

a mayor and cabinet executive: the first election of the mayor;

(c)   

a committee system: the appropriate elections of councillors;

(d)   

prescribed arrangements: the appropriate elections of

councillors.

(4)   

For the purposes of subsection (3)—

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(a)   

if the local authority is currently operating a mayor and

cabinet executive, the “appropriate elections of councillors”

are the ordinary elections of councillors of the local authority

held on the day on which the next ordinary election of a

mayor was expected to be held when the resolution to make

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the change in governance arrangements was passed;

(b)   

if the local authority is not currently operating a mayor and

cabinet executive, the “appropriate elections of councillors”

are the first ordinary elections of councillors of the local

authority to be held after the resolution is passed.

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Referendums

9M      

Cases in which change is subject to approval in a referendum in

accordance with sections 9MA and 9MB

(1)   

A change in governance arrangements which a local authority

proposes to make by resolution is subject to approval in a

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referendum in either of the following cases.

(2)   

The first case is where—

(a)   

the proposed change in governance arrangements is of a kind

set out in—

(i)   

section 9K (change from one form of governance to

30

another), or

(ii)   

section 9KA (change to a different form of executive),

and

(b)   

the implementation of the local authority’s existing form of

governance or existing form of executive was approved in a

35

referendum under this Chapter.

(3)   

The second case is where the local authority resolves that a proposed

change in governance arrangements is to be subject to approval in a

referendum.

9MA     

Referendum: proposals by local authority

40

(1)   

This section applies to a local authority which wishes to make a

change in governance arrangements that is subject to approval in a

referendum under section 9M.

(2)   

The local authority must draw up proposals for the change.

(3)   

The proposals must include—

45

 
 

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000

208

 

(a)   

a timetable with respect to the implementation of the

proposals,

(b)   

details of any transitional arrangements which are necessary

for the implementation of the proposals, and

(c)   

a statement that the change in government arrangements is to

5

be subject to approval in a referendum.

(4)   

Subsections (5) and (6) apply where the proposed change in

governance arrangements is of the kind set out in—

(a)   

section 9K (change from one form of governance to another),

or

10

(b)   

section 9KA (change to a different form of executive).

(5)   

If the proposed change in governance arrangements would result in

the local authority having executive arrangements, the proposals

must state the extent to which the functions specified in regulations

under section 9D(3)(b) are to be the responsibility of the executive

15

which will be operated if the proposals are implemented.

(6)   

The proposals (particularly any provision about timetables and

transitional matters included in accordance with subsection (3))

must be such as to ensure that the proposed change can take effect

(so far as required to) in accordance with section 9L(2).

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(7)   

After drawing up the proposals, the local authority must—

(a)   

secure that copies of a document setting out the proposals are

available at its 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

25

notice which—

(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 the authority’s principal

30

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 authority’s principal

office.

9MB     

Requirement to hold and give effect to referendum

35

(1)   

This section applies to a local authority which wishes to make a

change in governance arrangements that is subject to approval in a

referendum under section 9M.

(2)   

The local authority must, after complying with section 9MA(7), hold

a referendum on its proposals before taking any steps to implement

40

them.

(3)   

The local authority may not pass a resolution which makes the

proposed change unless the result of the referendum is to approve

the proposals.

(4)   

Any such resolution must be passed within the period of 28 days

45

beginning with the day when the referendum is held.

 
 

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000

209

 

(5)   

Any such resolution must be passed at a meeting which is specially

convened for the purpose of deciding the resolution with notice of

the object.

9MC     

Referendum following petition

(1)   

The Secretary of State may by regulations make provision for or in

5

connection with requiring a local authority which receives a petition

which complies with the provisions of the regulations to hold a

referendum, in such circumstances as may be prescribed in the

regulations, on whether the authority should have a relevant type of

governance arrangement.

10

(2)   

Regulations under subsection (1) may, in particular, include

provision—

(a)   

as to the form and content of petitions (including provision

for petitions in electronic form),

(b)   

as to the minimum number of local government electors for a

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local authority’s area who must support any petition

presented to the authority during any period specified in the

regulations,

(c)   

for or in connection with requiring an officer of a local

authority to publish the number of local government electors

20

for the authority’s area who must support any petition

presented to the authority,

(d)   

as to the way in which local government electors for a local

authority’s area are to support a petition (including

provision enabling local government electors to support

25

petitions by telephone or by electronic means),

(e)   

as to the action which may, may not or must be taken by a

local authority in connection with any petition,

(f)   

as to the manner in which a petition is to be presented to a

local authority,

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(g)   

as to the verification of any petition,

(h)   

as to the date on which, or the time by which, a referendum

must be held,

(i)   

as to the action which may, may not or must be taken by a

local authority before or in connection with a referendum,

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(j)   

as to the action which may, may not or must be taken by a

local authority after a referendum, and

(k)   

for or in connection with enabling the Secretary of State, in

the event of any failure by a local authority to take any action

permitted or required by virtue of the regulations, to take

40

that action.

(3)   

Provision made by virtue of subsection (2) may, in particular, apply

or reproduce (with or without modifications) any provisions of, or

made under, this Chapter.

(4)   

The number of local government electors mentioned in subsection

45

(2)(b) is to be calculated at such times as may be provided by

regulations under this section and (unless such regulations

otherwise provide) is to be 5 per cent of the number of local

government electors at each of those times.

 
 

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000

210

 

(5)   

This section is subject to section 9NC (effect of order requiring

change to mayor and cabinet executive).

9MD     

Referendum following direction

(1)   

The Secretary of State may by regulations make provision for or in

connection with enabling the Secretary of State, in such

5

circumstances as may be prescribed in the regulations, to direct a

local authority to hold a referendum on whether it should have a

relevant type of governance arrangements specified in the direction.

(2)   

Regulations under this section may, in particular, include

provision—

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(a)   

as to the date on which, or the time by which, a referendum

must be held,

(b)   

as to the action which may, may not or must be taken by a

local authority before or in connection with a referendum,

(c)   

as to the action which may, may not or must be taken by a

15

local authority after a referendum, and

(d)   

for or in connection with enabling the Secretary of State, in

the event of any failure by a local authority to take any action

permitted or required by virtue of the regulations, to take

that action.

20

(3)   

Provision made by virtue of subsection (2) may, in particular, apply

or reproduce (with or without modifications) any provisions of, or

made under, this Chapter.

(4)   

This section is subject to section 9NC (effect of order requiring

change to mayor and cabinet executive).

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9ME     

Referendum following order

(1)   

The Secretary of State may by order make provision requiring every

local authority, or every local authority falling within a description

of authority specified in the order, to hold a referendum on whether

they should have a relevant type of governance arrangements

30

specified in the order.

(2)   

An order under this section may, in particular, include provision—

(a)   

as to the date on which, or the time by which, a referendum

must be held,

(b)   

as to the action which may, may not or must be taken by a

35

local authority before or in connection with a referendum,

(c)   

as to the action which may, may not or must be taken by a

local authority after a referendum,

(d)   

for or in connection with enabling the Secretary of State, in

the event of any failure by a local authority to take any action

40

permitted or required by virtue of the order, to take that

action.

(3)   

Provision made by virtue of subsection (2) may, in particular, apply

or reproduce (with or without modifications) any provisions of, or

made under, this Chapter.

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(4)   

This section is subject to section 9NC (effect of order requiring

change to mayor and cabinet executive).

 
 

 
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