Localism Bill

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
215

Interpretation
9R
Interpretation of Part 1A
(1)
In this Part, unless the context otherwise requires—
“committee system” has the meaning given by section 9B,
“committee system local authority” has the meaning given by
5
section 9J(3),
“elected mayor” has the meaning given by section 9H,
“electoral area” has the meaning given by section 203(1) of the
Representation of the People Act 1983,
“enactment” includes an enactment contained in a local Act or
10
comprised in subordinate legislation (within the meaning of
the Interpretation Act 1978),
“executive”, in relation to a local authority, is to be construed in
accordance with section 9C,
“executive arrangements” has the meaning given by section 9B,
15
“executive leader” has the meaning given by section 9C(3)(a),
“first preference vote” has the meaning given by section 9HL,
“head of paid service” has the meaning given by section
9HA(5),
“leader and cabinet executive (England)” has the meaning given
20
by section 9C(3),
“local authority” means a county council in England, a district
council or a London borough council,
“local government elector” has the meaning given by section
270(1) of the Local Government Act 1972,
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“mayor and cabinet executive” has the meaning given by
section 9C(2),
“ordinary day of election”, in relation to a local authority, means
the day of ordinary elections of councillors of the authority,
“the political balance requirements” means the provisions made
30
by or under sections 15 to 17 of, and Schedule 1 to, the Local
Government and Housing Act 1989,
“prescribed arrangements” has the meaning give by section 9B,
“second preference vote” has the meaning given by section
9HL.
35
(2)
In this Part “relevant election years”, in relation to a local authority,
means the years specified in the second column of the following table
in relation to that type of authority.

Type of local authority
Relevant election years

Metropolitan district
2014 and every fourth year afterwards

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County
2013 and every fourth year afterwards

London borough
2014 and every fourth year afterwards

Non-metropolitan district
2011 and every fourth year afterwards

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 2 — New Schedule A1 to the Local Government Act 2000
216

(3)
Any reference in this Part to the chairman of a local authority—
(a)
is a reference to that person whether or not the person is
entitled to another style, and
(b)
in the case of a London borough, is a reference to the person
who (disregarding paragraphs 5B to 5I of Schedule 2 to the
5
Local Government Act 1972) is referred to in Part 1 of that
Schedule as the mayor of the borough.
(4)
Any reference in this Part to the vice-chairman of a local authority—
(a)
is a reference to that person whether or not the person is
entitled to another style, and
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(b)
in the case of a London borough, is a reference to the person
who (disregarding paragraphs 5B to 5I of Schedule 2 to the
Local Government Act 1972) is referred to in Part 1 of that
Schedule as the deputy mayor.
(5)
Any reference in this Part to the discharge of any functions includes
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a reference to the doing of anything which is calculated to facilitate,
or is conducive or incidental to, the discharge of those functions.
(6)
Section 101 of the Local Government Act 1972 does not apply to the
function of the passing of a resolution under any provision made by
or under this Part.
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(7)
Any functions conferred on a local authority by virtue of this Part are
not to be the responsibility of an executive of the authority under
executive arrangements.
(8)
Any directions given by the Secretary of State under any provision of
this Part—
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(a)
may be varied or revoked by subsequent directions given by
the Secretary of State under that provision, and
(b)
may make different provision for different cases, different
local authorities or different descriptions of local authority.”
Part 2
30
New Schedule A1 to the Local Government Act 2000
2
Before Schedule 1 to the Local Government Act 2000 (executive
arrangements: further provision) insert—
“Schedule A1
Section 9GB

Executive arrangements in England: further provision
35
Mayor and cabinet executives
1     (1)
This paragraph applies in relation to executive arrangements by a
local authority which provide for a mayor and cabinet executive.
      (2)
Subject to section 9C(5), the executive arrangements must include
provision which enables the elected mayor to determine the
40
number of councillors who may be appointed to the executive
under section 9C(2)(b).

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 2 — New Schedule A1 to the Local Government Act 2000
217

      (3)
The executive arrangements must include provision which
requires the elected mayor to appoint one of the members of the
executive to be his deputy (referred to in this paragraph as the
deputy mayor).
      (4)
Subject to sub-paragraph (5), the person who is appointed deputy
5
mayor, unless the person resigns as deputy mayor or ceases to be
a member of the authority, is to hold office until the end of the
term of office of the elected mayor.
      (5)
The elected mayor may, if the elected mayor thinks fit, remove the
deputy mayor from office.
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      (6)
Where a vacancy occurs in the office of deputy mayor, the elected
mayor must appoint another person to be deputy mayor.
      (7)
If for any reason the elected mayor is unable to act or the office of
elected mayor is vacant, the deputy mayor must act in the elected
mayor’s place.
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      (8)
If for any reason—
(a)
the elected mayor is unable to act or the office of elected
mayor is vacant, and
(b)
the deputy mayor is unable to act or the office of deputy
mayor is vacant,
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the executive must act in the elected mayor’s place or must
arrange for a member of the executive to act in the elected mayor’s
place.
2     (1)
This paragraph applies in relation to executive arrangements by a
local authority which provide for a leader and cabinet executive
25
(England).
      (2)
Subject to section 9C(5), the executive arrangements must include
provision which enables the executive leader to determine the
number of councillors who may be appointed to the executive
under section 9C(3)(b).
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      (3)
The executive arrangements must include provision which
requires the executive leader to appoint one of the members of the
executive to be the executive leader’s deputy (referred to in this
paragraph as the deputy executive leader).
      (4)
Subject to sub-paragraph (5), the person who is appointed deputy
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executive leader, unless the person resigns as deputy executive
leader or ceases to be a member of the authority, is to hold office
until the end of any term of office of the executive leader (where
the executive arrangements provide for such a term).
      (5)
The executive leader may, if the executive leader thinks fit, remove
40
the deputy executive leader from office.
      (6)
Where a vacancy occurs in the office of deputy executive leader,
the executive leader must appoint another person to be deputy
executive leader.
      (7)
If for any reason the executive leader is unable to act or the office
45
of executive leader is vacant, the deputy executive leader must act
in the executive leader’s place.

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 2 — New Schedule A1 to the Local Government Act 2000
218

      (8)
If for any reason—
(a)
the executive leader is unable to act or the office of
executive leader is vacant, and
(b)
the deputy executive leader is unable to act or the office of
deputy executive leader is vacant,
5

the executive must act in the executive leader’s place or must
arrange for a member of the executive to act in the executive
leader’s place.
Leader and cabinet executives (England)
Procedure
10
3
Executive arrangements by a local authority may include
provision with respect to—
(a)
the quorum, proceedings and location of meetings of the
executive,
(b)
the appointment of committees of the executive, and
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(c)
the quorum, proceedings and location of meetings of
committees of the executive.
Meetings of executives and executive committees
4
A member of a local authority who is not a member of the
authority’s executive is entitled to attend, and speak at, a meeting
20
of the executive, or of a committee of the executive, which is held
in private only if invited to do so.
Mayor’s assistant
5     (1)
The Secretary of State may by regulations make provision for or in
connection with the appointment of a person (an “assistant”) to
25
provide assistance to an elected mayor.
      (2)
Regulations under this paragraph may, in particular, include
provision with respect to the terms and conditions of appointment
of an assistant.
Overview and scrutiny committees: education functions
30
6     (1)
In paragraphs 7 and 8 “relevant authority” means a local authority
which is a local education authority.
      (2)
Paragraphs 7 and 8 apply to an overview and scrutiny committee
of a relevant authority if the committee’s functions under section
9F relate wholly or partly to any education functions which are the
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responsibility of the authority’s executive.
      (3)
Paragraph 7 and 8 also apply to a sub-committee of an overview
and scrutiny committee of a relevant authority if the sub-
committee’s functions under section 9FA relate wholly or partly to
any education functions which are the responsibility of the
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authority’s executive.
7     (1)
In the case of a relevant authority that maintains one or more
Church of England schools, an overview and scrutiny committee

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 2 — New Schedule A1 to the Local Government Act 2000
219

or sub-committee to which this paragraph applies must include at
least one qualifying person.
      (2)
A person is a qualifying person for the purposes of sub-paragraph
(1) if the person is nominated by the Diocesan Board of Education
for any Church of England diocese which falls wholly or partly in
5
the authority concerned’s area.
      (3)
In the case of a relevant authority that maintains one or more
Roman Catholic Church schools, an overview and scrutiny
committee or sub-committee to which this paragraph applies
must include at least one qualifying person.
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      (4)
A person is a qualifying person for the purposes of sub-paragraph
(3) if the person is nominated by the bishop of any Roman Catholic
diocese which falls wholly or partly in the authority concerned’s
area.
      (5)
A member of an overview and scrutiny committee or sub-
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committee appointed by virtue of sub-paragraph (1) or (3) is to be
entitled to vote at a meeting of the committee or sub-committee on
any question—
(a)
which relates to any education functions which are the
responsibility of the authority concerned’s executive, and
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(b)
which falls to be decided at the meeting.
      (6)
The Secretary of State may by directions to a relevant authority
require any of the authority’s overview and scrutiny committees
or sub-committees to which this paragraph applies to include
persons who are appointed, in accordance with the directions, as
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representatives of the persons who appoint foundation governors
for the foundation or voluntary schools maintained by the
authority which are not Church of England schools or Roman
Catholic Church schools but which are specified in the directions.
      (7)
Directions under sub-paragraph (6) may make provision with
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respect to the voting rights of persons appointed in accordance
with such directions.
8     (1)
The Secretary of State may by regulations require an overview and
scrutiny committee or sub-committee to which this paragraph
applies to include one or more persons elected, in accordance with
35
the regulations, as representatives of parent governors at
maintained schools which are maintained by the relevant
authority concerned.
      (2)
Regulations under this paragraph may make provision for—
(a)
the number of persons who are to be elected in the case of
40
any relevant authority,
(b)
the procedure to be followed in connection with the
election of such persons and the persons who are entitled
to vote at such an election,
(c)
the circumstances in which persons are qualified or
45
disqualified for being so elected or for holding office once
elected,
(d)
the term of office of persons so elected and their voting
rights,

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 2 — New Schedule A1 to the Local Government Act 2000
220

(e)
the application to any such committee or sub-committee,
with or without any modification, of any enactment
(whenever passed or made) relating to committees or (as
the case may be) sub-committees of a local authority,
(f)
such other matters connected with such elections or
5
persons so elected as the Secretary of State considers
appropriate.
      (3)
Regulations under this paragraph may also make provision—
(a)
enabling the Secretary of State to determine, where the
Secretary of State considers it expedient to do so in view of
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the small number of maintained schools which are
maintained by a relevant authority, that the requirement
imposed on the committee or sub-committee by virtue of
sub-paragraph (1) is to have effect as if it referred to
representatives of parents of registered pupils (rather than
15
representatives of parent governors) at those schools,
(b)
for any regulations under this paragraph to have effect,
where the Secretary of State makes any such
determination, with such modifications as may be
prescribed.
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9
The following provisions of the Education Act 1996, namely—
(a)
section 496 (powers of Secretary of State to require duties
under that Act to be exercised reasonably), and
(b)
section 497 (powers of Secretary of State where local
education authorities etc are in default),
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are to apply to the performance of any duty imposed on a local
authority by virtue of paragraphs 6 to 8 as they apply to the
performance by a local education authority of a duty imposed by
that Act.
10
Except for the expression “local authority”, expressions used in
30
paragraphs 6 to 9 and the School Standards and Framework Act
1998 have the same meaning in those paragraphs as in that Act.
Overview and scrutiny committees: voting rights of co-opted members
11    (1)
A local authority may permit a co-opted member of an overview
and scrutiny committee of the authority to vote at meetings of the
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committee.
      (2)
Permission under sub-paragraph (1) may only be given in
accordance with a scheme made by the local authority.
      (3)
A scheme for the purposes of this paragraph may include—
(a)
provision for a maximum or minimum in relation to the
40
number of co-opted members of an overview and scrutiny
committee entitled to vote at meetings of the committee,
and
(b)
provision for giving effect to any maximum or minimum
established under paragraph (a).
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      (4)
The power to make a scheme for the purposes of this paragraph
includes power to vary or revoke such a scheme.

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 2 — New Schedule A1 to the Local Government Act 2000
221

      (5)
In this paragraph, references to a co-opted member, in relation to
an overview and scrutiny committee of a local authority, are to a
member of the committee who is not a member of the authority.
12    (1)
The Secretary of State may by regulations make provision about
the exercise of the powers under paragraph 11.
5
      (2)
Regulations under sub-paragraph (1) may, in particular, require
schemes for the purposes of paragraph 11 (“voting rights
schemes”)—
(a)
to provide for permission to be given only by means of
approving a proposal by the committee concerned;
10
(b)
to provide for a proposal for the purposes of the scheme
(“a scheme proposal”) to specify—
(i)
the person to whom the proposal relates,
(ii)
the questions on which it is proposed the person
should be entitled to vote, and
15
(iii)
the proposed duration of the person’s entitlement
to vote,

and to include such other provision about the form and
content of such a proposal as the regulations may provide;
(c)
to provide for a scheme proposal to be made only in
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accordance with a published statement of the policy of the
committee concerned about the making of such proposals;
(d)
to include such provision about the procedure to be
followed in relation to the approval of scheme proposals as
the regulations may provide.
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      (3)
Regulations under sub-paragraph (1) may include provision for
the notification to the Secretary of State by local authorities of the
making, variation or revocation of voting rights schemes.
      (4)
The Secretary of State may by direction require a local authority to
vary a voting rights scheme.
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13    (1)
A local authority which makes a scheme for the purposes of
paragraph 11 must, while the scheme is in force, make copies of it
available at its principal office at all reasonable hours for
inspection by members of the public.
      (2)
If a local authority makes a scheme for the purposes of paragraph
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11, or varies or revokes such a scheme, it must as soon as
reasonably practicable after doing so publish in one or more
newspapers circulating in its area a notice which complies with
this paragraph.
      (3)
In the case of the making of a scheme, the notice under sub-
40
paragraph (2) must—
(a)
record the making of the scheme,
(b)
describe what it does,
(c)
state that copies of it are available for inspection at the
principal office of the local authority, and
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(d)
specify—
(i)
the address of that office, and