Localism Bill

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
206

(3)
In this section “relevant elections” means, if the change in
governance arrangements provides for the local authority to
operate—
(a)
a leader and cabinet executive (England): the appropriate
elections of councillors;
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(b)
a mayor and cabinet executive: the first election of the mayor;
(c)
a committee system: the appropriate elections of councillors;
(d)
prescribed arrangements: the appropriate elections of
councillors.
(4)
For the purposes of subsection (3)—
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(a)
if the local authority is currently operating a mayor and
cabinet executive, the “appropriate elections of councillors”
are the ordinary elections of councillors of the local authority
held on the day on which the next ordinary election of a
mayor was expected to be held when the resolution to make
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the change in governance arrangements was passed;
(b)
if the local authority is not currently operating a mayor and
cabinet executive, the “appropriate elections of councillors”
are the first ordinary elections of councillors of the local
authority to be held after the resolution is passed.
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Referendums
9M
Cases in which change is subject to approval in a referendum in
accordance with sections 9MA and 9MB
(1)
A change in governance arrangements which a local authority
proposes to make by resolution is subject to approval in a
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referendum in either of the following cases.
(2)
The first case is where—
(a)
the proposed change in governance arrangements is of a kind
set out in—
(i)
section 9K (change from one form of governance to
30
another), or
(ii)
section 9KA (change to a different form of executive),
and
(b)
the implementation of the local authority’s existing form of
governance or existing form of executive was approved in a
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referendum under this Chapter.
(3)
The second case is where the local authority resolves that a proposed
change in governance arrangements is to be subject to approval in a
referendum.
9MA
Referendum: proposals by local authority
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(1)
This section applies to a local authority which wishes to make a
change in governance arrangements that is subject to approval in a
referendum under section 9M.
(2)
The local authority must draw up proposals for the change.
(3)
The proposals must include—
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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
207

(a)
a timetable with respect to the implementation of the
proposals,
(b)
details of any transitional arrangements which are necessary
for the implementation of the proposals, and
(c)
a statement that the change in government arrangements is to
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be subject to approval in a referendum.
(4)
Subsections (5) and (6) apply where the proposed change in
governance arrangements is of the kind set out in—
(a)
section 9K (change from one form of governance to another),
or
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(b)
section 9KA (change to a different form of executive).
(5)
If the proposed change in governance arrangements would result in
the local authority having executive arrangements, the proposals
must state the extent to which the functions specified in regulations
under section 9D(3)(b) are to be the responsibility of the executive
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which will be operated if the proposals are implemented.
(6)
The proposals (particularly any provision about timetables and
transitional matters included in accordance with subsection (3))
must be such as to ensure that the proposed change can take effect
(so far as required to) in accordance with section 9L(2).
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(7)
After drawing up the proposals, the local authority must—
(a)
secure that copies of a document setting out the proposals are
available at its principal office for inspection by members of
the public at all reasonable times, and
(b)
publish in one or more newspapers circulating in its area a
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notice which—
(i)
states that the authority has drawn up the proposals,
(ii)
describes the main features of the proposals,
(iii)
states that copies of a document setting out the
proposals are available at the authority’s principal
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office for inspection by members of the public at such
times as may be specified in the notice, and
(iv)
specifies the address of the authority’s principal
office.
9MB
Requirement to hold and give effect to referendum
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(1)
This section applies to a local authority which wishes to make a
change in governance arrangements that is subject to approval in a
referendum under section 9M.
(2)
The local authority must, after complying with section 9MA(7), hold
a referendum on its proposals before taking any steps to implement
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them.
(3)
The local authority may not pass a resolution which makes the
proposed change unless the result of the referendum is to approve
the proposals.
(4)
Any such resolution must be passed within the period of 28 days
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beginning with the day when the referendum is held.

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
208

(5)
Any such resolution must be passed at a meeting which is specially
convened for the purpose of deciding the resolution with notice of
the object.
9MC
Referendum following petition
(1)
The Secretary of State may by regulations make provision for or in
5
connection with requiring a local authority which receives a petition
which complies with the provisions of the regulations to hold a
referendum, in such circumstances as may be prescribed in the
regulations, on whether the authority should have a relevant type of
governance arrangement.
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(2)
Regulations under subsection (1) may, in particular, include
provision—
(a)
as to the form and content of petitions (including provision
for petitions in electronic form),
(b)
as to the minimum number of local government electors for a
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local authority’s area who must support any petition
presented to the authority during any period specified in the
regulations,
(c)
for or in connection with requiring an officer of a local
authority to publish the number of local government electors
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for the authority’s area who must support any petition
presented to the authority,
(d)
as to the way in which local government electors for a local
authority’s area are to support a petition (including
provision enabling local government electors to support
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petitions by telephone or by electronic means),
(e)
as to the action which may, may not or must be taken by a
local authority in connection with any petition,
(f)
as to the manner in which a petition is to be presented to a
local authority,
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(g)
as to the verification of any petition,
(h)
as to the date on which, or the time by which, a referendum
must be held,
(i)
as to the action which may, may not or must be taken by a
local authority before or in connection with a referendum,
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(j)
as to the action which may, may not or must be taken by a
local authority after a referendum, and
(k)
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 regulations, to take
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that action.
(3)
Provision made by virtue of subsection (2) may, in particular, apply
or reproduce (with or without modifications) any provisions of, or
made under, this Chapter.
(4)
The number of local government electors mentioned in subsection
45
(2)(b) is to be calculated at such times as may be provided by
regulations under this section and (unless such regulations
otherwise provide) is to be 5 per cent of the number of local
government electors at each of those times.

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
209

(5)
This section is subject to section 9NC (effect of order requiring
change to mayor and cabinet executive).
9MD
Referendum following direction
(1)
The Secretary of State may by regulations make provision for or in
connection with enabling the Secretary of State, in such
5
circumstances as may be prescribed in the regulations, to direct a
local authority to hold a referendum on whether it should have a
relevant type of governance arrangements specified in the direction.
(2)
Regulations under this section may, in particular, include
provision—
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(a)
as to the date on which, or the time by which, a referendum
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 action which may, may not or must be taken by a
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local authority after a referendum, and
(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 regulations, to take
that action.
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(3)
Provision made by virtue of subsection (2) may, in particular, apply
or reproduce (with or without modifications) any provisions of, or
made under, this Chapter.
(4)
This section is subject to section 9NC (effect of order requiring
change to mayor and cabinet executive).
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9ME
Referendum following order
(1)
The Secretary of State may by order make provision requiring every
local authority, or every local authority falling within a description
of authority specified in the order, to hold a referendum on whether
they should have a relevant type of governance arrangements
30
specified in the order.
(2)
An order under this section may, in particular, include provision—
(a)
as to the date on which, or the time by which, a referendum
must be held,
(b)
as to the action which may, may not or must be taken by a
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local authority before or in connection with a referendum,
(c)
as to the action which may, may not or must be taken by a
local authority after a referendum,
(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
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permitted or required by virtue of the order, to take that
action.
(3)
Provision made by virtue of subsection (2) may, in particular, apply
or reproduce (with or without modifications) any provisions of, or
made under, this Chapter.
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(4)
This section is subject to section 9NC (effect of order requiring
change to mayor and cabinet executive).