Localism Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

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
211

9MF
Further provision with respect to referendums
(1)
If a local authority holds a referendum under this Chapter
(“Referendum A”) it may not hold, or be required to hold, another
referendum under this Chapter (“Referendum B”) within the period
of ten years beginning with the date of Referendum A, unless
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subsection (2) or (3) applies.
(2)
This subsection applies if—
(a)
Referendum A was held by the authority by virtue of an
order under section 9N (power by order to implement change
to mayor and cabinet executive), and
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(b)
the proposal for the authority to continue to operate a mayor
and cabinet executive was rejected in Referendum A.
(3)
This subsection applies if Referendum B is required to be held by
virtue of an order made under section 9N.
(4)
If the result of a referendum held by virtue of regulations, an order
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or a direction made under any provision of this Chapter is to
approve the proposals to which the referendum relates, the local
authority concerned must implement those proposals in accordance
with any provision made by the regulations, order or direction.
(5)
If the result of a referendum held by virtue of regulations, an order
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or a direction made under any provision of this Chapter is to reject
the proposals to which the referendum relates, the local authority
concerned may not implement those proposals but must instead
comply with any provision made by the regulations, order or
direction.
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(6)
Subsections (4) and (5) do not apply to a referendum held by virtue
of section 9N (but see section 9NB(2)(c)).
9MG
Voting in and conduct of referendums
(1)
The persons entitled to vote in a referendum held by a local authority
under this Chapter are those who on the day of the referendum—
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(a)
would be entitled to vote as electors at an election of
councillors for an electoral area which is situated within the
authority’s area, and
(b)
are registered in the register of local government electors at
an address within the authority’s area.
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(2)
The Secretary of State may by regulations make provision as to the
conduct of referendums under this Chapter.
(3)
The Secretary of State may by regulations make provision for the
combination of polls at referendums under this Chapter with polls at
any elections.
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(4)
Regulations under subsection (1) or (2) may apply or incorporate,
with or without modifications or exceptions, any provision of any
enactment (whenever passed or made) relating to elections or
referendums.
(5)
Regulations under subsection (1) may, in particular, include
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provision—

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
212

(a)
as to the question to be asked in a referendum,
(b)
as to the publicity to be given in connection with a
referendum (including the publicity to be given with respect
to the consequences of the referendum),
(c)
about the limitation of expenditure in connection with a
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referendum (and the creation of criminal offences in
connection with the limitation of such expenditure),
(d)
as to the conduct of the authority, members of the authority
and officers of the authority in relation to a referendum,
(e)
as to when, where and how voting in a referendum is to take
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place,
(f)
as to how the votes cast in a referendum are to be counted,
and
(g)
for disregarding alterations in a register of electors.
(6)
Before making any regulations under this section that include
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provision as to the question to be asked in a referendum, the
Secretary of State must consult the Electoral Commission.
Further provisions as to mayor and cabinet executive
9N
Power to implement change to mayor and cabinet executive
(1)
The Secretary of State may by order provide that, on the relevant
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date, a specified local authority—
(a)
ceases to operate its existing form of governance or form of
executive, and
(b)
starts to operate a mayor and cabinet executive.
(2)
If, before the relevant date, the specified local authority operates
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executive arrangements that provide for a leader and cabinet
executive (England), then on the relevant date—
(a)
in the case of an authority that has an executive leader, the
executive leader becomes the authority’s shadow mayor, and
(b)
in the case of an authority in relation to which the office of
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executive leader is vacant and a deputy executive leader is
acting in place of the executive leader in accordance with
paragraph 2 of Schedule A1, the deputy executive leader
becomes the authority’s shadow mayor.
(3)
Subsection (4) applies if, before the relevant date—
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(a)
the specified local authority operates executive arrangements
that provide for a leader and cabinet executive (England) and
neither case in paragraph (a) or (b) of subsection (2) applies,
or
(b)
the specified local authority does not operate executive
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arrangements.
(4)
On the relevant date, a councillor of the authority specified or
described in the order becomes the authority’s shadow mayor.
(5)
The Secretary of State may by order require a specified local
authority to take specified steps in preparation for operating a mayor
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and cabinet executive by virtue of an order under this section.

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
213

(6)
In this section—
“relevant date” means the date specified;
“specified” means specified in an order made by the Secretary
of State under this section.
9NA
Provisions applying to shadow mayors
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(1)
Subject as follows, a local authority’s shadow mayor is to be treated
as the authority’s elected mayor for the purposes of this Part and any
other enactment.
(2)
The shadow mayor is not to be treated as the authority’s elected
mayor for the purposes of section 9HC (provision requiring certain
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authorities to adopt mayoral management arrangements).
(3)
The shadow mayor may not submit a proposal to the authority
under section 9HA(1) (proposal that the mayor be the authority’s
chief executive) unless subsection (4) applies.
(4)
This subsection applies if—
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(a)
the authority has held a referendum on whether it should
continue to operate a mayor and cabinet executive by virtue
of an order under section 9N, and
(b)
the proposal for the authority to continue to operate a mayor
and cabinet executive has been approved in that referendum.
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(5)
A local authority’s shadow mayor ceases to be the authority’s
shadow mayor only—
(a)
on the return of an elected mayor at the first election that
takes place after the referendum held by virtue of an order
under section 9N (if the proposal for the authority to continue
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to operate a mayor and cabinet executive is approved in that
referendum), or
(b)
in accordance with provision made under section 9NB(2)(c)
(if the proposal for the authority to continue to operate a
mayor and cabinet executive is rejected in that referendum).
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(6)
A shadow mayor of a specified local authority does not cease to be a
councillor of the authority by reason only of becoming shadow
mayor.
9NB
Requirement to provide for referendum on section 9N change
(1)
An order under section 9N relating to a specified local authority
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must make provision requiring the authority to hold a referendum
on whether the authority should continue to operate a mayor and
cabinet executive.
(2)
An order under that section may include provision—
(a)
as to the date on which, or the time by which, a referendum
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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 effect of a referendum and the action which may,
may not or must be taken by a local authority after a
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referendum,

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
214

(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 order, to take that
action.
(3)
Provision made by virtue of subsection (2) may, in particular, apply
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or reproduce (with or without modifications) any provisions of, or
made under, this Chapter.
(4)
In this section “specified” means specified in an order made by the
Secretary of State under section 9N.
9NC
Effect of section 9N change
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(1)
Subject as follows, the provisions of this Chapter listed in subsection
(2) do not apply to a local authority in relation to whom an order
under section 9N has been made (and has not been revoked) unless
the proposal for the authority to continue to operate a mayor and
cabinet executive has been rejected in the referendum held under the
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order.
(2)
Those provisions are—
(a)
section 9K (changing from one form of governance to
another);
(b)
section 9KA (executive arrangements: different form of
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executive);
(c)
section 9MC (referendum following petition);
(d)
section 9MD (referendum following direction);
(e)
section 9ME (referendum following order).
9ND
Variation of mayoral executive
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(1)
This section applies to a change in governance arrangements of the
kind set out in section 9KB (variation of executive arrangements) if
the local authority is operating a mayor and cabinet executive.
(2)
The local authority may not resolve to make a change in governance
arrangements unless the elected mayor has given written consent to
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the proposed change.
Miscellaneous
9O
General
(1)
A local authority may not—
(a)
cease to operate a form of governance, or
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(b)
vary executive arrangements,

other than in accordance with this Chapter.
(2)
In making a change in governance arrangements, the local authority
must comply with any directions given by the Secretary of State in
connection with the making of such a change.
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9OA
Interpretation
(1)
This section applies for the purposes of this Chapter.

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
215

(2)
References to a change in governance arrangements are references to
any change of a kind set out in sections 9K to 9KB.
(3)
References to a relevant type of governance arrangement are
references to—
(a)
a leader and cabinet executive (England);
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(b)
a mayor and cabinet executive;
(c)
a committee system;
(d)
any prescribed arrangements.
(4)
References to a form of governance are references to—
(a)
executive arrangements;
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(b)
a committee system;
(c)
any prescribed arrangements.
Chapter 5
Supplementary
Local authority constitution
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9P
Local authority constitution
(1)
A local authority must prepare and keep up to date a document
(referred to in this section as its constitution) which contains—
(a)
a copy of the authority’s standing orders for the time being,
(b)
a copy of the authority’s code of conduct (if any) for the time
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being under section 16 of the Localism Act 2011,
(c)
such information as the Secretary of State may direct, and
(d)
such other information (if any) as the authority considers
appropriate.
(2)
In the case of a committee system local authority, the authority’s
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constitution must also contain a statement as to whether the
authority has resolved to have an overview and scrutiny committee
under section 9JA.
(3)
A local authority must ensure that copies of its constitution are
available at its principal office for inspection by members of the
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public at all reasonable hours.
(4)
A local authority must supply a copy of its constitution to any person
who requests a copy and who pays to the authority such reasonable
fee as the authority may determine.
Guidance
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9Q
Guidance
(1)
A local authority must have regard to any guidance for the time
being issued by the Secretary of State for the purposes of this Part.
(2)
Guidance under this section may make different provision for
different cases or descriptions of local authority.
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