|
| |
|
(ii) | the times when the scheme is available for |
| |
| |
(4) | In the case of the variation of a scheme, the notice under sub- |
| |
| |
(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 |
| |
| |
(i) | the address of that office, and |
| 10 |
(ii) | the times when the scheme is available for |
| |
| |
(5) | In the case of the revocation of a scheme, the notice under sub- |
| |
paragraph (2) must record the revocation.” |
| |
| 15 |
| |
Amendments consequential upon new arrangements for local authority |
| |
| |
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 |
| |
| |
(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” |
| |
| |
5 | In section 245 (status of certain districts, parishes and communities) in |
| |
subsections (1A) and (4A)(a) omit “or a mayor and council manager |
| |
| 30 |
6 (1) | Section 270(1) (general provisions as to interpretation) is amended as |
| |
| |
(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 |
|
| |
|
| |
|
(b) | in relation to Wales,”. |
| |
(4) | In the definition of “leader and cabinet executive: England” for “Part 2” |
| |
| |
(5) | In the definition of “mayor and cabinet executive” and “mayor and council |
| |
manager executive” for “and “mayor and council manager executive” have” |
| 5 |
| |
(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 |
| |
| |
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 |
| |
| |
“(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”, |
| |
| |
(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 |
| |
|
| |
|
| |
|
arrangements: elected mayor to be chief executive), |
| |
the elected mayor of the authority (within the |
| |
| |
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: |
| |
| |
17 | In section 10 (executive arrangements) after “local authority” (in both places) |
| |
| |
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, |
| |
| |
(3) | Omit subsection (2A). |
| |
(4) | In subsection (3) for “In the case of any local authority in Wales, the” |
| |
| 20 |
(5) | In subsection (4) for “In the case of any local authority in Wales, the” |
| |
| |
| |
(a) | for “In the case of a local authority in England or Wales, the” |
| |
| 25 |
(b) | for “Secretary of State” substitute “Welsh Ministers”. |
| |
(7) | In subsection (8) after “leader and cabinet executive” insert “(Wales)”. |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
(3) | In subsection (2) for “Secretary of State” substitute “Welsh Ministers”. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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”. |
| |
| |
(a) | for “a senior executive member” substitute “an elected mayor”, and |
| 15 |
(b) | for “the senior executive member” substitute “the elected mayor”. |
| |
| |
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 |
| |
| |
| |
(a) | for “Secretary of State” substitute “Welsh Ministers”, |
| 25 |
(b) | omit the words “(within the meaning of this Part)” in the first place |
| |
| |
(c) | for paragraph (a) substitute— |
| |
“(a) | by a relevant authority (other than the local |
| |
| 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)”. |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
| |
| |
(i) | for “an executive of a local authority” substitute “a relevant |
| |
| |
(ii) | after “the authority” insert “of which the executive is part”, |
| 5 |
(b) | in paragraph (b) for “local authority” substitute “relevant authority”, |
| |
| |
(c) | in paragraph (c) for “an executive of a local authority” substitute “a |
| |
| |
(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; |
| |
| 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”. |
| |
| |
(a) | omit paragraphs (a), (b) and (e), and |
| 25 |
(b) | at the end of paragraph (c) insert “or”. |
| |
| |
(a) | for “sections 21A to 21C” substitute “section 21A”, and |
| |
(b) | omit the words from “or any functions” to the end. |
| |
| 30 |
(a) | for “paragraphs 7 to” substitute “paragraph 8 or”, and |
| |
(b) | omit “, unless permitted to do so under paragraph 12 of that |
| |
| |
(6) | In subsection (13) omit paragraph (aa). |
| |
(7) | In subsection (14) omit “or (aa)”. |
| 35 |
| |
(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 |
| |
| |
(a) | at the end of paragraph (a) insert “and”, and |
| |
|
| |
|
| |
|
| |
(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 |
| |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(3) | In subsection (3) for “Secretary of State approves” substitute “Welsh |
| |
| 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 |
| |
| |
(a) | for “Secretary of State” substitute “Welsh Ministers”, and |
| 35 |
| |
41 (1) | Section 31 (alternative arrangements) is amended as follows. |
| |
| |
(a) | omit paragraph (a), and |
| |
|
| |
|
| |
|
(b) | in paragraph (b) for “Secretary of State” substitute “Welsh |
| |
| |
(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 |
| |
(a) | in the opening words for “Secretary of State” substitute “Welsh |
| |
| |
(b) | in paragraph (c) for “Secretary of State considers” substitute “Welsh |
| |
| 10 |
| |
(a) | omit paragraph (a), and |
| |
(b) | in paragraph (b) omit “in the case of regulations made by the Welsh |
| |
| |
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 |
| |
| |
44 | Omit section 33A (executive arrangements) and the italic heading |
| |
immediately before it (changing governance arrangements: general |
| 20 |
| |
45 | Omit section 33B (executive arrangements: other variations of |
| |
| |
46 | Omit section 33C (alternative arrangements: move to executive |
| |
| 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 |
| |
| 30 |
51 | Omit section 33H (implementation: other change in governance |
| |
| |
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 |
| |
| |
55 | Omit section 33L (change not subject to approval in a referendum: |
| |
additional requirements). |
| 40 |
|
| |
|