THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

      The amendments have been marshalled in accordance with the Instruction of 2nd July 2007, as follows—

[Amendments marked * are new or have been altered]

Amendment
No.

2	"(4A)  The proposals may provide for the change in governance arrangements to be subject to approval in a referendum."

"(   )

The local authority shall publish any resolution required by this section on its website."

"(5)	For the purposes of subsection (4)(a), the "appropriate elections of councillors" are the elections determined in accordance with whichever of the following paragraphs is applicable—

(a)	if the local authority is currently operating—

(i)	a mayor and cabinet executive, or

(ii)	an elected 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 or elected executive was expected to be held when the resolution to make the change in governance arrangements was passed;

(b)	if the local authority—

(i)	is not currently operating a mayor and cabinet executive or elected executive, and

(ii)	is required to pass the resolution to make the change in governance arrangements during a permitted resolution period,

the "appropriate elections of councillors" are the first ordinary elections of councillors of the local authority to be held after the end of the permitted resolution period in which the resolution is passed;

(c)	if the local authority—

(i)	is not currently operating a mayor and cabinet executive or elected executive, and

(ii)	is not required to pass the resolution to make the change in governance arrangements during a permitted resolution period,

the "appropriate elections of councillors" are the first ordinary elections of councillors of the local authority to be held after the resolution is passed."

"(3A)

Any such resolution must be passed within the period of 28 days beginning with the day when the referendum is held.

(3B)	Any such resolution must be passed at a meeting specially convened for the purpose."

"33L	Change not subject to approval in a referendum: additional requirements

(1)	This section applies to a change of governance arrangements if—

(a)	the change is of the kind set out in section 33A (new form of executive) or section 33C (move to executive arrangements), and

(b)	the change is not subject to approval in a referendum.

(1A)	Any resolution to make the change in governance arrangements must be passed during a permitted resolution period.

(1B)	Subsection (2) applies if—

(a)	the local authority is operating a mayor and cabinet executive or an elected executive, and

(b)	the proposed new form of executive is a leader and cabinet executive (England).

(2)	In such a case—"

"(2A)

Subsection (3) applies if—

(a)	the local authority is operating a mayor and cabinet executive or an elected executive, and

(b)	the proposed new form of executive is a form prescribed in section 11(5).

(2B)	In such a case, the resolution to make the change in governance arrangements must be passed—

(a)	at a meeting specially convened for the purpose;

(b)	by a majority of at least two thirds of members voting on it."

"33LA

Cases in which change subject to approval in referendum

(1)	For the purposes of sections 33K and 33L a change in governance arrangements is subject to approval in a referendum in either of the following cases.

(2)	The first case is where the proposals for implementing the local authority's current form of executive were themselves approved in a referendum.

(3)	The second case is where the local authority's proposals under section 33E provide for the change in governance arrangements to be subject to approval in a referendum."

"(6)	The Secretary of State may by regulations make provision for the filling of vacancies in the offices of elected leader and elected executive member in any of the following ways—

(a)	a vacancy in the office of elected leader may be filled by holding a by-election;

(b)	a vacancy in the office of elected leader may be filled by the council for the remainder of the elected leader's term of office;

(c)	a vacancy or vacancies in the office of elected executive member may be filled by holding a by-election;

(d)	a vacancy or vacancies in the office of elected executive member may be filled by appointment by the elected leader for the remainder of the term of office;

(e)	a vacancy or vacancies in the office of elected executive member may be filled by the council for the remainder of the term of office;

(f)	a vacancy in the office of elected executive member may not be filled until the next ordinary elections.

(7)	If a vacancy for the office of elected leader is filled by an elected executive member that place shall be filled in accordance with the regulations made under subsection (6).

(8)	If a vacancy under subsection (6) is filled by a member of the council, a vacancy shall be declared in the office of councillor.

(9)	In the event of the elected leader and elected executive ceasing to hold office, the council shall appoint an acting leader and executive until replacements are elected."