Session 2010 - 11
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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

199

 

9HJ     

Election as elected mayor and councillor

(1)   

If the person who is returned at an election as the elected mayor of a

local authority is also returned at an election held at the same time as

a councillor of the authority, a vacancy arises in the office of

councillor.

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(2)   

If the person who is returned at an election (“the mayoral election”)

as the elected mayor of a local authority—

(a)   

is a councillor of the authority, and

(b)   

was returned as such a councillor at an election held at an

earlier time than the mayoral election,

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a vacancy shall arise in the office of councillor.

(3)   

Subject to subsection (4), a person who is the elected mayor of a local

authority may not be a candidate in an election for the return of a

councillor or councillors of the authority.

(4)   

A person who is the elected mayor of a local authority may be a

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candidate in an election for the return of a councillor or councillors

of the authority if the election is held at the same time as an election

for the return of the elected mayor of the authority, but subsection (1)

applies if the person is a candidate in both such elections and is

returned both as the elected mayor and as a councillor.

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9HK     

Time of elections etc

The Secretary of State may by regulations make provision—

(a)   

as to the dates on which and years in which elections for the

return of elected mayors may or must take place,

(b)   

as to the intervals between elections for the return of elected

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mayors,

(c)   

as to the term of office of elected mayors, and

(d)   

as to the filling of vacancies in the office of elected mayor.

9HL     

Voting at elections of elected mayors

(1)   

Each person entitled to vote as an elector at an election for the return

30

of an elected mayor is to have the following vote or votes—

(a)   

one vote (referred to in this Part as a first preference vote)

which may be given for the voter’s first preference from

among the candidates to be the elected mayor, and

(b)   

if there are three or more candidates to be the elected mayor,

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one vote (referred to in this Part as a second preference vote)

which may be given for the voter’s second preference from

among those candidates

(2)   

The elected mayor is to be returned under the simple majority

system, unless there are three or more candidates.

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(3)   

If there are three or more candidates to be the elected mayor, the

elected mayor is to be returned under the supplementary vote

system in accordance with Schedule 2.

9HM     

Entitlement to vote

(1)   

The persons entitled to vote as electors at an election for the return of

45

an elected mayor are those who on the day of the poll—

 
 

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

200

 

(a)   

would be entitled to vote as electors at an election of

councillors for an electoral area which is situated within the

area of the local authority concerned, and

(b)   

are registered in the register of local government electors at

an address within the authority’s area.

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(2)   

A person is not entitled as an elector to cast more than one first

preference vote, or more than one second preference vote, at an

election for the return of an elected mayor.

9HN     

Power to make provision about elections

(1)   

The Secretary of State may by regulations make provision as to—

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(a)   

the conduct of elections for the return of elected mayors, and

(b)   

the questioning of elections for the return of elected mayors

and the consequences of irregularities.

(2)   

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

provision—

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(a)   

about the registration of electors,

(b)   

for disregarding alterations in a register of electors,

(c)   

about the limitation of election expenses (and the creation of

criminal offences in connection with the limitation of such

expenses), and

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(d)   

for the combination of polls at elections for the return of

elected mayors and other elections.

(3)   

Regulations under this section may—

(a)   

apply or incorporate, with or without modifications or

exceptions, any provision of, or made under, the

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Representation of the People Acts or any provision of any

other enactment (whenever passed or made) relating to

parliamentary elections or local government elections,

(b)   

modify any form contained in, or in regulations or rules

made under, the Representation of the People Acts so far as

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may be necessary to enable it to be used both for the original

purpose and in relation to elections for the return of elected

mayors, and

(c)   

so far as may be necessary in consequence of any provision

made by or under this Part or any regulations under this

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section, amend any provision of any enactment (whenever

passed or made) relating to the registration of parliamentary

electors or local government electors.

(4)   

Before making any regulations under this section, the Secretary of

State must consult the Electoral Commission.

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(5)   

In addition, the power of the Secretary of State to make regulations

under this section so far as relating to matters mentioned in

subsection (2)(c) is exercisable only on, and in accordance with, a

recommendation of the Electoral Commission, except where the

Secretary of State considers that it is expedient to exercise that power

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in consequence of changes in the value of money.

(6)   

No return of an elected mayor at an election is to be questioned

except by an election petition under the provisions of Part 3 of the

 
 

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

201

 

Representation of the People Act 1983 as applied by or incorporated

in regulations under this section.

9HO     

Elected mayors: restricted posts

(1)   

A person is disqualified from becoming, or remaining, an elected

mayor of a local authority if the person holds any of the posts

5

mentioned in subsection (2).

(2)   

The posts are—

(a)   

the authority’s head of paid service;

(b)   

the authority’s monitoring officer designated under section 5

of the Local Government and Housing Act 1989;

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(c)   

the officer having responsibility for the administration of the

authority’s financial affairs for the purposes of section 151 of

the Local Government Act 1972;

(d)   

the authority’s director of children’s services appointed

under section 18 of the Children Act 2004;

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(e)   

the authority’s director of adult social services appointed

under section 6(A1) of the Local Authority Social Services Act

1970;

(f)   

such other posts as may be specified or described in

regulations made by the Secretary of State under this section.

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Leader and cabinet executives (England)

9I      

Election and term of office of leader

Executive arrangements by a local authority which provide for a

leader and cabinet executive (England)—

(a)   

must include provision with respect to the election of the

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executive leader, including provision for an election where

there is a vacancy in the office of executive leader, and

(b)   

may include provision with respect to the term of office of the

executive leader.

9IA     

Removal of leader

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(1)   

Executive arrangements by a local authority which provide for a

leader and cabinet executive (England) must include provision for

the council to remove the executive leader by resolution.

(2)   

If a council passes a resolution to remove the executive leader, a new

executive leader is to be elected—

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(a)   

at the meeting at which the leader is removed from office, or

(b)   

at a subsequent meeting.

9IB     

Leader to continue to hold office as councillor

(1)   

A person who is the executive leader of a leader and cabinet

executive (England) remains a member of the council during the

40

period that the person is the executive leader.

(2)   

Accordingly, any enactment which provides for the person’s earlier

retirement as a councillor does not apply.

 
 

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

202

 

(3)   

This section does not affect anything by which the executive leader

may cease to be a councillor otherwise than by retirement (including

disqualification or resignation).

9IC     

No other means of removing leader

(1)   

This section applies to a local authority which operates a leader and

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cabinet executive (England).

(2)   

An executive leader may not be removed from office except in

accordance with section 9IA or regulations under section 9ID.

9ID     

Regulations

(1)   

The Secretary of State may by regulations make provision—

10

(a)   

as to the election and removal from office of executive leaders

of leader and cabinet executives (England),

(b)   

as to the term of office of an executive leader of a leader and

cabinet executive (England), and

(c)   

as to the filling of vacancies in the office of executive leader of

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a leader and cabinet executive (England).

(2)   

Sections 9I to 9IC are subject to regulations under this section.

Chapter 3

The committee system

9J      

Secretary of State power to prohibit delegation of functions etc

20

(1)   

The Secretary of State may by regulations—

(a)   

specify or describe any function of a committee system local

authority that is to be a non-delegable function;

(b)   

specify or describe cases or circumstances in which any

specified or described function of a committee system local

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authority is to be a non-delegable function;

(c)   

specify or describe any action in connection with the

discharge of a function of a committee system local authority

that is to be a non-delegable action;

(d)   

specify or describe cases or circumstances in which any

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specified or described action in connection with the

discharge of a function of a committee system local authority

is to be a non-delegable action.

(2)   

If a function or action is non-delegable—

(a)   

it must be carried out by the local authority, and

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(b)   

such provisions of section 101 of the Local Government Act

1972 as may be specified in regulations under this section do

not apply to it.

(3)   

In this Part “committee system local authority” means a local

authority that operates a committee system.

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(4)   

For the purposes of this section something is specified or described

if it is specified or described in regulations made by the Secretary of

State 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

203

 

(5)   

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

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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

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the discharge of the function or any action within

paragraph (a) or (b);

“function” means a function of any nature, whether conferred

or otherwise arising before, on or after this section comes into

force.

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9JA     

Overview and scrutiny committee

(1)   

A committee system local authority may by resolution appoint one

or more committees as the authority’s overview and scrutiny

committee or, as the case may be, committees.

(2)   

The Secretary of State may by regulations make provision about—

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(a)   

the functions, composition and procedure of a committee

that has been appointed as an overview and scrutiny

committee under this section, and

(b)   

the appointment by committee system local authorities of

joint committees and sub-committees as overview and

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scrutiny committees.

(3)   

Provision under subsection (2) may, in particular, include provision

which applies or reproduces (with or without modifications) any

provision of, or made under, sections 9F to 9FJ or paragraphs 6 to 13

of Schedule A1.

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9JB     

Overview and scrutiny: flood risk management

(1)   

A committee system local authority that is a lead local flood

authority must review and scrutinise the exercise by risk

management authorities of—

(a)   

flood risk management functions, or

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(b)   

coastal erosion risk management functions,

   

which may affect the local authority’s area.

(2)   

A local authority may issue such reports and recommendations as it

considers appropriate in the course of exercising the function in

subsection (1).

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(3)   

A risk management authority must comply with a request made by

a local authority in the course of exercising the function in subsection

(1) for—

(a)   

information;

(b)   

a response to a report.

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(4)   

The Secretary of State may make regulations about the duty under

subsection (3) which may, in particular, include 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

204

 

(a)   

about the procedure to be followed in relation to requests and

compliance with them,

(b)   

about notices to be served in relation to requests,

(c)   

for exemptions from the duty,

(d)   

requiring persons to attend to give information orally,

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(e)   

about the nature of the information and responses that may

be requested, and

(f)   

about the publication of requests, information and responses.

(5)   

A risk management authority must have regard to any reports or

recommendations mentioned in subsection (2) that relate to it.

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(6)   

Expressions used in this section have the same meaning as in Part 1

of the Flood and Water Management Act 2010.

Chapter 4

Changing governance arrangements

Changes to governance arrangements by local authorities: general provision

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9K      

Changing from one form of governance to another

(1)   

A local authority may—

(a)   

cease to operate its existing form of governance, and

(b)   

start to operate a different form of governance.

(2)   

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

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change to mayor and cabinet executive).

9KA     

Executive arrangements: different form of executive

(1)   

A local authority which operates executive arrangements may—

(a)   

vary the arrangements so that they provide for a different

form of executive, and

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(b)   

if it makes such a variation, vary the arrangements in such

other respects (if any) as it considers appropriate.

(2)   

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

change to mayor and cabinet executive).

9KB     

Executive arrangements: other variation of arrangements

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A local authority which operates executive arrangements may vary

those arrangements so that they—

(a)   

differ from the existing arrangements in any respect, but

(b)   

still provide for the same form of executive.

9KC     

Resolution of local authority

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(1)   

A resolution of a local authority is required in order for the authority

to make a change in governance arrangements.

(2)   

As soon as practicable after passing such a resolution a local

authority must—

 
 

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

205

 

(a)   

secure that copies of a document setting out the provisions of

the arrangements that are to have effect following the

resolution are available at its principal office for inspection by

members of the public, and

(b)   

publish in one or more newspapers circulating in its area a

5

notice which—

(i)   

states that the authority has resolved to make a

change in its governance arrangements,

(ii)   

states the date on which the change is to have effect,

(iii)   

describes the main features of the change,

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(iv)   

states that copies of a document setting out the

provisions of the arrangements that are to have effect

following the resolution are available at the

authority’s principal office for inspection by members

of the public, and

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(v)   

specifies the address of the authority’s principal

office.

(3)   

Subsection (4) applies if a local authority passes a resolution in

accordance with this section (“Resolution A”) which makes a change

in governance arrangements of the kind set out in—

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(a)   

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

or

(b)   

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

(4)   

The local authority may not pass another resolution that makes a

change in governance arrangements of a kind mentioned in

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subsection (3) (“Resolution B”) before the end of the period of 5 years

beginning with the date Resolution A is passed, unless Resolution B

is approved in a referendum held in accordance with this Chapter.

(5)   

This section does not apply to a change in governance arrangements

effected by an order under section 9N (power by order to implement

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change to mayor and cabinet executive).

Implementation of certain changes to governance arrangements

9L      

Implementation: change in form of governance or change in form of

executive

(1)   

This section applies if a local authority passes a resolution which

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makes a change in governance arrangements of the kind set out in—

(a)   

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

or

(b)   

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

(2)   

On the third day after the relevant elections, the local authority

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must—

(a)   

cease operating the old form of governance or (as the case

may be) old form of executive, and

(b)   

start operating the form of governance or (as the case may be)

form of executive which the change in governance

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arrangements provides for.

 
 

 
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Revised 11 March 2011