Localism Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill
Schedule 3 — Amendments consequential upon new arrangements for local authority governance in England
223

(ii)
the times when the scheme is available for
inspection there.
      (4)
In the case of the variation of a scheme, the notice under sub-
paragraph (2) must—
(a)
record the variation,
5
(b)
describe what it does,
(c)
state that copies of the scheme as varied are available for
inspection at the principal office of the local authority, and
(d)
specify—
(i)
the address of that office, and
10
(ii)
the times when the scheme is available for
inspection there.
      (5)
In the case of the revocation of a scheme, the notice under sub-
paragraph (2) must record the revocation.”
Schedule 3
15
Section 11

Amendments consequential upon new arrangements for local authority
governance in England
Local Government Act 1972 (c. 70)
1
The Local Government Act 1972 is amended as follows.
2
In section 2 (constitution of principal councils in England) in subsection (2A)
20
omit “or a mayor and council manager executive”.
3     (1)
Section 101 (arrangements for discharge of functions by local authorities) is
amended as follows.
      (2)
In subsection (1C) after “section” insert “9EB or”.
      (3)
In subsection (5B) after “section” insert “9EC or”.
25
4
In section 102 (appointment of committees) in subsection (1A) after “section”
insert “9EA or”.
5
In section 245 (status of certain districts, parishes and communities) in
subsections (1A) and (4A)(a) omit “or a mayor and council manager
executive”.
30
6     (1)
Section 270(1) (general provisions as to interpretation) is amended as
follows.
      (2)
In the definition of “elected mayor” after “has” insert “—
(a)
in relation to England, the same meaning as in Part 1A of the
Local Government Act 2000, and
35
(b)
in relation to Wales,”.
      (3)
In the definition of “executive”, “executive arrangements” and “executive
leader” after “have” insert “—
(a)
in relation to England, the same meaning as in Part 1A of the
Local Government Act 2000, and
40

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Schedule 3 — Amendments consequential upon new arrangements for local authority governance in England
224

(b)
in relation to Wales,”.
      (4)
In the definition of “leader and cabinet executive: England” for “Part 2”
substitute “Part 1A”.
      (5)
In the definition of “mayor and cabinet executive” and “mayor and council
manager executive” for “and “mayor and council manager executive” have”
5
substitute “has—
(a)
in relation to England, the same meaning as in Part 1A of the
Local Government Act 2000, and
(b)
in relation to Wales,”.
      (6)
After the definition mentioned in sub-paragraph (5) insert—
10
““mayor and council manager executive” has the same meaning
as in Part 2 of the Local Government Act 2000;”.
Local Government Finance Act 1988 (c. 41)
7
The Local Government Finance Act 1988 is amended as follows.
8
In section 114 (functions of responsible officer as regards reports) in
15
subsection (3A)(a) for “the person” substitute “any person other than the
chief finance officer”.
9
In section 114A (functions of responsible officer as regards reports — local
authorities operating executive arrangements) in subsection (3)(a) for “the
person” substitute “any person other than the chief finance officer”.
20
Local Government and Housing Act 1989 (c. 42)
10
The Local Government and Housing Act 1989 is amended as follows.
11
In section 4 (designation and reports of head of paid service) after subsection
(1) insert—
“(1A)
Subsections (2) to (5) do not apply in relation to a relevant authority
25
in England that operates a mayor and cabinet executive (within the
meaning of Part 1A of the Local Government Act 2000).”
12
In section 5 (designation and reports of monitoring officer) in subsection (1B)
after paragraph (f) insert “,

but subsection (1A) does not apply in relation to a relevant authority
30
that has made the arrangements set out in section 9HA(2) of the
Local Government Act 2000 (mayoral management arrangements:
mayor to be chief executive).”
Social Security Administration Act 1992 (c. 5)
13
In section 110A of the Social Security Administration Act 1992
35
(authorisations by local authorities ) in subsection (6)—
(a)
for “must” substitute “may”,
(b)
omit “either”, and
(c)
at the end of paragraph (b) insert “; or
(c)
in the case of an authority that has made the
40
arrangements specified in section 9HA(2) of the Local
Government Act 2000 (mayoral management

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Schedule 3 — Amendments consequential upon new arrangements for local authority governance in England
225

arrangements: elected mayor to be chief executive),
the elected mayor of the authority (within the
meaning of that Act);”.
Crime and Disorder Act 1998 (c. 37)
14
In section 5 of the Crime and Disorder Act 1998 (authorities responsible for
5
crime and disorder strategies etc) in subsection (1D) in paragraph (d) of the
definition of “the relevant provisions” after “section” insert “9F, 9FA or”.
Local Government Act 2000 (c. 22)
15
The Local Government Act 2000 is amended as follows.
16
In the heading of Part 2 (arrangements with respect to executives etc) for
10
“Arrangements” substitute “Local authorities in Wales:
arrangements”.
17
In section 10 (executive arrangements) after “local authority” (in both places)
insert “in Wales”.
18    (1)
Section 11 (forms of local authority executives) is amended as follows.
15
      (2)
In subsection (2) for “In the case of any local authority in England or Wales,
the” substitute “The”.
      (3)
Omit subsection (2A).
      (4)
In subsection (3) for “In the case of any local authority in Wales, the”
substitute “The”.
20
      (5)
In subsection (4) for “In the case of any local authority in Wales, the”
substitute “The”.
      (6)
In subsection (5)—
(a)
for “In the case of a local authority in England or Wales, the”
substitute “The”, and
25
(b)
for “Secretary of State” substitute “Welsh Ministers”.
      (7)
In subsection (8) after “leader and cabinet executive” insert “(Wales)”.
      (8)
In subsection (9)—
(a)
for “Secretary of State” substitute “Welsh Ministers”, and
(b)
omit “in relation to Wales”.
30
      (9)
Omit subsection (9A).
     (10)
In subsection (10) omit “(2A)(a) or”.
19    (1)
Section 12 (additional forms of executive) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Secretary of State” substitute “Welsh Ministers”,
35
(b)
in paragraph (a) for “him” substitute “them”, and
(c)
in paragraphs (b) and (d) for “he considers” substitute “they
consider”.
      (3)
In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.

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Schedule 3 — Amendments consequential upon new arrangements for local authority governance in England
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      (4)
In subsection (3)(a) for “Secretary of State” substitute “Welsh Ministers”.
20    (1)
Section 13 (functions which are the responsibility of an executive) is
amended as follows.
      (2)
In subsection (3) for “Secretary of State” substitute “Welsh Ministers”.
      (3)
In subsection (6) for “Secretary of State” substitute “Welsh Ministers”.
5
      (4)
In subsection (9)(b) omit the words from “or section 236” to “England)”.
      (5)
In subsection (12) for “Secretary of State” substitute “Welsh Ministers”.
21    (1)
Section 14 (discharge of functions: general) is amended as follows.
      (2)
In the heading for “general” substitute “mayor and cabinet executive”.
      (3)
In subsection (1) for the words from “of” to the end substitute “of a mayor
10
and cabinet executive are to be discharged in accordance with this section”.
      (4)
In subsections (2) to (5) for “senior executive member” (in each place that it
appears) substitute “elected mayor”.
      (5)
In subsection (6)—
(a)
for “a senior executive member” substitute “an elected mayor”, and
15
(b)
for “the senior executive member” substitute “the elected mayor”.
      (6)
Omit subsection (7).
22
In section 17 (discharge of functions: section 11(5) executive) in subsection
(1) for “Secretary of State” substitute “Welsh Ministers”.
23
In section 18 (discharge of functions by area committees) in subsection (1) for
20
“Secretary of State” substitute “Welsh Ministers”.
24    (1)
Section 19 (discharge of functions of and by another local authority) is
amended as follows.
      (2)
In subsection (1)—
(a)
for “Secretary of State” substitute “Welsh Ministers”,
25
(b)
omit the words “(within the meaning of this Part)” in the first place
they appear,
(c)
for paragraph (a) substitute—
“(a)
by a relevant authority (other than the local
authority), or”, and
30
(d)
in paragraph (b) for “an executive of another local authority (within
the meaning of this Part)” substitute “a relevant executive (other than
an executive of the local authority)”.
      (3)
In subsection (2)—
(a)
for “Secretary of State” substitute “Welsh Ministers”, and
35
(b)
for “local authority (within the meaning of section 101 of that Act)”
substitute “relevant authority in Wales”, and
(c)
for “an executive of another local authority (within the meaning of
this Part)” substitute “a relevant executive (other than an executive
of the relevant authority)”.
40
      (4)
In subsection (3) for “local authority” substitute “relevant authority in
Wales”.

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Schedule 3 — Amendments consequential upon new arrangements for local authority governance in England
227

      (5)
In subsection (4)—
(a)
in paragraph (a)—
(i)
for “an executive of a local authority” substitute “a relevant
executive”, and
(ii)
after “the authority” insert “of which the executive is part”,
5
(b)
in paragraph (b) for “local authority” substitute “relevant authority”,
and
(c)
in paragraph (c) for “an executive of a local authority” substitute “a
relevant executive”.
      (6)
In subsection (8) for ““specified”” substitute “—
10
“relevant authority” means a local authority within the
meaning of section 101 of the Local Government Act 1972;
“relevant executive” means an executive of a local authority
under either this Part or Part 1A;
“specified””.
15
25
In section 20 (joint exercise of functions) in subsection (1) for “Secretary of
State” substitute “Welsh Ministers”.
26    (1)
Section 21 (overview and scrutiny committees) is amended as follows.
      (2)
In subsection (2)(f)—
(a)
omit “section 244 of the National Health Service Act 2006 or”,
20
(b)
for “either of those sections” substitute “that section”, and
(c)
for “the Act concerned, and as extended by the section concerned”
substitute “that Act, as extended by that section”.
      (3)
In subsection (2A)—
(a)
omit paragraphs (a), (b) and (e), and
25
(b)
at the end of paragraph (c) insert “or”.
      (4)
In subsection (4)—
(a)
for “sections 21A to 21C” substitute “section 21A”, and
(b)
omit the words from “or any functions” to the end.
      (5)
In subsection (10)—
30
(a)
for “paragraphs 7 to” substitute “paragraph 8 or”, and
(b)
omit “, unless permitted to do so under paragraph 12 of that
Schedule”.
      (6)
In subsection (13) omit paragraph (aa).
      (7)
In subsection (14) omit “or (aa)”.
35
      (8)
In subsection (16)—
(a)
omit paragraph (a), and
(b)
in paragraph (b) omit “in Wales”.
27
Omit section 21ZA (scrutiny officers).
28    (1)
Section 21A (reference of matters to overview and scrutiny committees) is
40
amended as follows.
      (2)
In subsection (1)—
(a)
at the end of paragraph (a) insert “and”, and

Localism Bill
Schedule 3 — Amendments consequential upon new arrangements for local authority governance in England
228

(b)
omit paragraph (c).
      (3)
Omit subsections (3) to (11).
29
Omit section 21B (duty of authority or executive in England to respond to
overview and scrutiny committee).
30
Omit section 21C (reports and recommendations of overview and scrutiny
5
committees: duties of certain partner authorities).
31
Omit section 21D (publication etc of reports, recommendations and
responses: confidential and exempt information).
32
Omit section 21E (overview and scrutiny committees of certain district
councils: functions with respect to partner authorities).
10
33
Omit section 21F (overview and scrutiny committees: flood risk
management).
34    (1)
Section 22 (access to information) is amended as follows.
      (2)
In subsections (6), (8) to (10), (12) and (13) for “Secretary of State” substitute
“Welsh Ministers”.
15
      (3)
Omit subsection (12A).
35
Omit section 22A (overview and scrutiny committees of certain authorities
in England: provision of information etc by certain partner authorities).
36
In section 25 (proposals) in subsections (1)(b), (5), (6)(a), (7) and (8) for
“Secretary of State” substitute “Welsh Ministers”.
20
37    (1)
Section 27 (referendum in case of proposals involving elected mayor) is
amended as follows.
      (2)
In subsections (1)(b), (5), (6), (8)(c), (9) and (10) for “Secretary of State”
substitute “Welsh Ministers”.
      (3)
In subsection (5) for “him” substitute “them”.
25
38    (1)
Section 28 (approval of outline fall-back proposals) is amended as follows.
      (2)
In subsections (1) and (2) for “Secretary of State” substitute “Welsh
Ministers”.
      (3)
In subsection (3) for “Secretary of State approves” substitute “Welsh
Ministers approve”.
30
39
In section 29 (operation of, and publicity for, executive arrangements) in
subsection (3) omit “in Wales”.
40
In section 30 (operation of different executive arrangements) in subsection
(1)—
(a)
for “Secretary of State” substitute “Welsh Ministers”, and
35
(b)
omit “in Wales”.
41    (1)
Section 31 (alternative arrangements) is amended as follows.
      (2)
In subsection (1)—
(a)
omit paragraph (a), and

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Schedule 3 — Amendments consequential upon new arrangements for local authority governance in England
229

(b)
in paragraph (b) for “Secretary of State” substitute “Welsh
Ministers”.
      (3)
Omit subsections (2) and (3).
      (4)
In subsection (7) for “Secretary of State” substitute “Welsh Ministers”.
42    (1)
Section 32 (alternative arrangements) is amended as follows.
5
      (2)
In subsection (1)—
(a)
in the opening words for “Secretary of State” substitute “Welsh
Ministers”, and
(b)
in paragraph (c) for “Secretary of State considers” substitute “Welsh
Ministers consider”.
10
      (3)
In subsection (3)—
(a)
omit paragraph (a), and
(b)
in paragraph (b) omit “in the case of regulations made by the Welsh
Ministers,”.
43    (1)
Section 33 (operation of alternative arrangements) is amended as follows.
15
      (2)
Omit subsection (A1).
      (3)
In subsections (5), (7) and (9) for “Secretary of State” substitute “Welsh
Ministers”.
44
Omit section 33A (executive arrangements) and the italic heading
immediately before it (changing governance arrangements: general
20
provisions).
45
Omit section 33B (executive arrangements: other variations of
arrangements).
46
Omit section 33C (alternative arrangements: move to executive
arrangements).
25
47
Omit section 33D (alternative arrangements: variation of arrangements).
48
Omit section 33E (proposals by local authority).
49
Omit section 33F (resolution of local authority).
50
Omit section 33G (implementation: new executive or move to executive
arrangements).
30
51
Omit section 33H (implementation: other change in governance
arrangements).
52
Omit section 33I (general).
53
Omit section 33J (new form of executive or move to executive: general
requirements) and the italic heading immediately before it (further
35
requirements for certain changes).
54
Omit section 33K (changes subject to approval in referendum: additional
requirements).
55
Omit section 33L (change not subject to approval in a referendum:
additional requirements).
40