Localism Bill

House of Commons

Session 2010 - 11
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Localism Bill

172
Localism Bill (Volume II)
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000

Schedules
Schedule 1
Section 1

General power of competence: consequential amendments
Local Government Act 1972 (c. 70)
1
In section 137(9)(a) (“local authority” means a parish council which is not an
eligible parish council for the purposes of Part 1 of the Local Government
Act 2000) for “Part 1 of the Local Government Act 2000” substitute “Chapter
1 of Part 1 of the Localism Act 2011 (general power of competence)”.
Local Government Act 2000 (c. 22)
2
The Local Government Act 2000 is amended as follows.
3
In section 2(1) (power to promote well-being) after “Every local authority”
insert “in Wales”.
4
In section 3(3) to (6) (limits on power of well-being) for “Secretary of State”
substitute “Welsh Ministers”.
Schedule 2
Section 10

New arrangements with respect to governance of English local authorities
Part 1
New Part 1A of the Local Government Act 2000
1
After Part 1 of the Local Government Act 2000 insert—
“Part 1A
Arrangements with respect to local authority governance in
England
Chapter 1
Permitted forms of governance
9B
Permitted forms of governance for local authorities in England
(1)
A local authority must operate—
(a)
executive arrangements,

Localism Bill (Volume II)
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000
173

(b)
a committee system, or
(c)
prescribed arrangements.
(2)
Executive arrangements must conform with any provisions made by
or under this Part which relate to such arrangements (see, in
particular, Chapter 2).
(3)
A committee system must conform with any provisions made by or
under this Part which relate to such a system (see, in particular,
Chapter 3).
(4)
In this Part—
“a committee system” means the arrangements made by a local
authority, which does not operate executive arrangements or
prescribed arrangements, for or in connection with the
discharge of its functions in accordance with—
(a)
Part 6 of the Local Government Act 1972, and
(b)
this Part;
“executive arrangements” means arrangements by a local
authority—
(a)
for and in connection with the creation and operation
of an executive of the authority, and
(b)
under which certain functions of the authority are the
responsibility of the executive;
“prescribed arrangements” means such arrangements as may
be prescribed in regulations made by the Secretary of State
under section 9BA.
9BA
Power of Secretary of State to prescribe additional permitted
governance arrangements
(1)
The Secretary of State may by regulations make provision
prescribing arrangements that local authorities may operate for and
in connection with the discharge of their functions.
(2)
In particular, the regulations—
(a)
must include provision about how, and by whom, the
functions of a local authority are to be discharged, and
(b)
may include provision enabling functions to be delegated.
(3)
Regulations under this section may, in particular, include provision
which applies or reproduces (with or without modifications) any
provisions of, or any provision made under, Chapters 2 to 4 of this
Part.
(4)
In considering whether or how to exercise the power in this section,
the Secretary of State must have regard to any proposals made under
subsection (5).
(5)
A local authority may propose to the Secretary of State that the
Secretary of State make regulations prescribing arrangements
specified in the proposal if the authority considers that the
conditions in subsection (6) are met.
(6)
The conditions are—
(a)
that the operation by the authority of the proposed
arrangements would be an improvement on the

Localism Bill (Volume II)
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000
174

arrangements which the authority has in place for the
discharge of its functions at the time that the proposal is
made to the Secretary of State,
(b)
that the operation by the authority of the proposed
arrangements would be likely to ensure that the decisions of
the authority are taken in an efficient, transparent and
accountable way, and
(c)
that the arrangements, if prescribed under this section,
would be appropriate for all local authorities, or for any
particular description of local authority, to consider.
(7)
A proposal under subsection (5)—
(a)
must describe the provision which the authority considers
should be made under subsection (2) in relation to the
proposed arrangements, and
(b)
explain why the conditions in subsection (6) are met in
relation to the proposed arrangements.
Chapter 2
Executive arrangements
Local authority executives
9C
Local authority executives
(1)
The executive of a local authority must take a form specified in
subsection (2) or (3).
(2)
The executive may consist of—
(a)
an elected mayor of the authority, and
(b)
two or more councillors of the authority appointed to the
executive by the elected mayor.

Such an executive is referred to in this Part as a mayor and cabinet
executive.
(3)
The executive may consist of—
(a)
a councillor of the authority (referred to in this Part as the
executive leader) elected as leader of the executive by the
authority, and
(b)
two or more councillors of the authority appointed to the
executive by the executive leader.

Such an executive is referred to in this Part as a leader and cabinet
executive (England).
(4)
A local authority executive may not include the chairman or vice-
chairman of the authority.
(5)
The number of members of a local authority executive may not
exceed 10 or such other number as may be specified in regulations
made by the Secretary of State.
(6)
Section 101 of the Local Government Act 1972 (arrangements for
discharge of functions by local authorities) does not apply to the
function of electing a leader under subsection (3)(a).

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Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000
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Executive functions
9D
Functions which are the responsibility of an executive
(1)
This section has effect for the purposes of determining which of the
functions of a local authority that operates executive arrangements
are the responsibility of an executive of the authority under those
arrangements.
(2)
Subject to any provision made by this Act or by any enactment which
is passed or made after the day on which this Act is passed, any
function of the local authority which is not specified in regulations
under subsection (3) is to be the responsibility of an executive of the
authority under executive arrangements.
(3)
The Secretary of State may by regulations make provision for any
function of a local authority specified in the regulations—
(a)
to be a function which is not to be the responsibility of an
executive of the authority under executive arrangements,
(b)
to be a function which may be the responsibility of such an
executive under such arrangements, or
(c)
to be a function which—
(i)
to the extent provided by the regulations, is to be the
responsibility of such an executive under such
arrangements, and
(ii)
to the extent provided by the regulations, is not to be
the responsibility of such an executive under such
arrangements.
(4)
Executive arrangements must make provision for any function of a
local authority falling within subsection (3)(b)—
(a)
to be a function which is to be the responsibility of an
executive of the authority,
(b)
to be a function which is not to be the responsibility of such
an executive, or
(c)
to be a function which—
(i)
to the extent provided by the arrangements, is to be
the responsibility of such an executive, and
(ii)
to the extent provided by the arrangements, is not to
be the responsibility of such executive.
(5)
The power under subsection (3)(c) or (4)(c) includes power in
relation to any function of a local authority that operates executive
arrangements—
(a)
to designate any action in connection with the discharge of
that function which is to be the responsibility of an executive
of the local authority, and
(b)
to designate any action in connection with the discharge of
that function which is not to be the responsibility of such an
executive.
(6)
The Secretary of State may by regulations specify cases or
circumstances in which any function of a local authority which, by
virtue of the preceding provisions of this section, would otherwise be
the responsibility of an executive of the authority to any extent is not

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Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000
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to be the responsibility of such an executive to that or any particular
extent.
(7)
A function of a local authority may, by virtue of this section, be the
responsibility of an executive of the authority to any extent
notwithstanding that section 101 of the Local Government Act 1972,
or any provision of that section, does not apply to that function.
(8)
Any reference in this section to a function specified in regulations
includes a reference to a function of a description specified in
regulations.
(9)
In 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
the purposes of or in connection with, the discharge
of the function,
(b)
the doing of anything incidental or conducive to the
discharge of the function, or
(c)
the doing of anything expedient in connection with
the discharge of the function or any action falling
within paragraph (a) or (b),
“function” means a function of any nature, whether conferred
or otherwise arising before, on or after the passing of this Act.
9DA
Functions of an executive: further provision
(1)
Any reference in the following provisions of this Chapter to any
functions which are, or are not, the responsibility of an executive of
a local authority under executive arrangements is a reference to the
functions of the authority to the extent to which they are or (as the
case may be) are not, by virtue of section 9D, the responsibility of the
executive under such arrangements.
(2)
Any function which is the responsibility of an executive of a local
authority under executive arrangements—
(a)
is to be regarded as exercisable by the executive on behalf of
the authority, and
(b)
may be discharged only in accordance with any provisions
made by or under this Part or section 236 of the Local
Government and Public Involvement in Health Act 2007
(exercise of functions by local councillors in England) which
apply to the discharge of any such function by that form of
executive.
(3)
Accordingly, any function which is the responsibility of an executive
of a local authority under executive arrangements—
(a)
may not be discharged by the authority,
(b)
is not to be a function to which section 101(1) of the Local
Government Act 1972 applies, and
(c)
may be the subject of arrangements made under section
101(5) of that Act only if permitted by any provision made
under section 9EC.

Localism Bill (Volume II)
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000
177

(4)
Subject to any provision made under subsection (5), any function of
a local authority that operates executive arrangements which, under
those arrangements, is not the responsibility of the executive of the
local authority is to be discharged in any way which would be
permitted or required apart from the provisions made by or under
this Chapter.
(5)
The Secretary of State may by regulations make provision with
respect to the discharge of any function of a local authority that
operates executive arrangements which, under those arrangements,
is not the responsibility of the executive of the local authority
(including provision disapplying section 101 of the Local
Government Act 1972 or any provision of that section).
(6)
In this section “function” has the same meaning as in section 9D.
Discharge of functions
9E
Discharge of functions: general
(1)
Subject to any provision made under section 9EA, 9EB or 9EC, any
functions which, under executive arrangements, are the
responsibility of—
(a)
a mayor and cabinet executive, or
(b)
a leader and cabinet executive (England),

are to be discharged in accordance with this section.
(2)
The senior executive member—
(a)
may discharge any of those functions, or
(b)
may arrange for the discharge of any of those functions—
(i)
by the executive,
(ii)
by another member of the executive,
(iii)
by a committee of the executive, or
(iv)
by an officer of the authority.
(3)
Where by virtue of this section any functions may be discharged by
a local authority executive, then, unless the senior executive member
otherwise directs, the executive may arrange for the discharge of any
of those functions—
(a)
by a committee of the executive, or
(b)
by an officer of the authority.
(4)
Where by virtue of this section any functions may be discharged by
a member of a local authority executive, then, unless the senior
executive member otherwise directs, the member who may
discharge the functions may arrange for the discharge of any of those
functions by an officer of the authority.
(5)
Where by virtue of this section any functions may be discharged by
a committee of a local authority executive, then, unless the senior
executive member otherwise directs, the committee may arrange for
the discharge of any of those functions by an officer of the authority.
(6)
Any arrangements made by virtue of this section by a senior
executive member, executive, member or committee for the
discharge of any functions by an executive, member, committee or

Localism Bill (Volume II)
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000
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officer are not to prevent the senior executive member, executive,
member or committee by whom the arrangements are made from
exercising those functions.
(7)
In this section “senior executive member” means—
(a)
in the case of a mayor and cabinet executive, the elected
mayor;
(b)
in the case of a leader and cabinet executive (England), the
executive leader.
9EA
Discharge of functions by area committees
(1)
The Secretary of State may by regulations make provision for or in
connection with enabling an executive of a local authority, or a
committee or specified member of such an executive, to arrange for
the discharge of any functions which, under executive arrangements,
are the responsibility of the executive by an area committee of that
authority.
(2)
Regulations under this section may impose limitations or restrictions
on the arrangements which may be made by virtue of the regulations
(including limitations or restrictions on the functions which may be
the subject of such arrangements).
(3)
In this section—
“area committee”, in relation to a local authority, means a
committee or sub-committee of the authority which satisfies
the conditions in subsection (4);
“specified” means specified in regulations under this section.
(4)
A committee or sub-committee of a local authority satisfies the
conditions in this subsection if—
(a)
the committee or sub-committee is established to discharge
functions in respect of part of the area of the authority,
(b)
the members of the committee or sub-committee who are
members of the authority are elected for electoral divisions or
wards which fall wholly or partly within that part, and
(c)
either or both of the conditions in subsection (5) are satisfied
in relation to that part.
(5)
The conditions are—
(a)
that the area of that part does not exceed two-fifths of the
total area of the authority, and
(b)
that the population of that part, as estimated by the authority,
does not exceed two-fifths of the total population of the area
of the authority as so estimated.
9EB
Discharge of functions of and by another local authority
(1)
The Secretary of State may by regulations make provision for or in
connection with enabling an executive of a local authority, or a
committee or specified member of such an executive, to arrange for
the discharge of any functions which, under executive arrangements,
are the responsibility of the executive—
(a)
by a relevant authority (other than the local authority), or