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| | Local Government Finance Act 1988 (c. 41) |
| | 18 The Local Government Finance Act 1988 is amended as follows. |
| | 19 (1) Section 111 (interpretation of Part 8) is amended as follows. |
| (a) | after "council manager," insert "elected executive, elected leader,"; |
| (b) | omit "leader and cabinet executive,". |
| (3) | After subsection (3A) insert— |
| "(3B) | In this Part, "leader and cabinet executive" means— |
| (a) | in relation to England: a leader and cabinet executive (England); |
| (b) | in relation to Wales: a leader and cabinet executive (Wales); |
| | and for this purpose "leader and cabinet executive (England)" and "leader and cabinet executive (Wales)" have the same meanings as in Part 2 of the Local Government Act 2000." |
| | 20 (1) Section 116 (information about meetings) is amended as follows. |
| (2) | In subsection (1A), after paragraph (a) insert— |
| "(aa) | where the authority has an elected executive, the elected leader;". |
| (3) | In subsection (2A), after paragraph (a) insert— |
| "(aa) | where the authority has an elected executive, the elected leader;". |
| 255B | Page 178, line 16, leave out "in accordance with this Schedule" and insert "as follows" |
| 255C | Page 178, line 25, at end insert— |
| | "4A (1) Section 53 (standards committees) is amended as follows. |
| (2) | In subsection (5)(a), after "executive leader" insert "or any member of an elected executive"." |
| 256 | Page 180, line 44, leave out "executive" and insert "elected" |
| 257 | Page 181, line 2, leave out "executive" and insert "elected" |
| 258 | Page 181, line 3, leave out "executive" and insert "elected" |
| 259 | Page 181, line 4, leave out "executive" and insert "elected" |
| 260 | Page 181, line 7, leave out "executive" and insert "elected" |
| 261 | Page 181, line 8, leave out "executive" and insert "elected" |
| 262 | Page 181, line 11, leave out second "executive" and insert "elected" |
| 262A | Page 181, line 12, at end insert— |
| | "Political Parties, Elections and Referendums Act 2000 (c. 41) |
| | 10 The Political Parties, Elections and Referendums Act 2000 is amended as follows. |
| | 11 (1) Section 160 (general interpretation) is amended as follows. |
| (2) | In subsection (1), in the definition of "local government election" after "elected mayor" insert "or elected executive". |
| | 12 (1) Schedule 7 (control of donations to individuals and members associations) is amended as follows. |
| (2) | In paragraph 1 (operation and interpretation of Schedule), for sub-paragraph (8)(g) and "or" preceding it substitute— |
| (h) | elected mayor, or member of an elected executive, within the meaning of Part 2 of the Local Government Act 2000."" |
| 263 | Page 181, line 35, leave out from beginning to second "period" in line 1 on page 182 and insert— |
| "(3) | In the application of section 33G by virtue of this paragraph, "relevant elections" has the meaning given in paragraph 5. |
| (3A) | Any resolution to make the change in governance arrangements must be passed during the permitted resolution" |
| 264 | Page 183, line 29, leave out sub-paragraph (3) |
| 265 | Page 183, line 38, at end insert— |
| "(3A) | Any resolution to make the change in governance arrangements must be passed on or before— |
| (b) | such later date as the Secretary of State may by order provide." |
| 265A | Page 184, line 17, after "executive" insert "— |
| 266 | Page 184, line 19, at end insert ", and |
| (b) | subject to any order under Part 3, apply in the same way to subsequent elections of the mayor of the mayor and cabinet executive." |
| 267 | Page 184, line 24, leave out sub-paragraph (2) and insert— |
| "(2) | Section 33K(2), (3), (3B) and (4) of the LGA 2000 apply to the change as they would if the change were, by virtue of section 33LA of the LGA 2000, subject to approval in a referendum. |
| (2A) | Any resolution to make the change in governance arrangements must be passed on or before the earlier of these days— |
| (a) | the last day of the period of 28 days that begins with the day when the referendum is held; |
| (b) | 31 December 2008, or such later date as the Secretary of State may by order provide." |
| 268 | Page 184, line 26, leave out "45" and insert "45(1)" |
| 269 | Page 184, line 41, at end insert— |
| "(8) | If the local authority— |
| (a) | changes to a leader and cabinet executive (England), and |
| (b) | has held its annual meeting in 2009 before changing to that form of executive, |
| | the authority must hold a meeting within the 21 days following the day on which it changes to that form of executive. |
| (9) | For the purposes of section 44B of the LGA 2000, that meeting is to be treated as a relevant annual meeting. |
| (10) | If the local authority adopts an elected executive, an election for the return of an elected executive (rather than an elected mayor) is to be held on the relevant election day." |
| 270 | Page 185, leave out lines 23 and 24 and insert— |
| | ""relevant election day" means the day in 2009 on which an ordinary election of a mayor would take place if the local authority continued to operate a mayor and council manager executive;" |
| 271 | Page 185, line 31, leave out "day of the relevant elections" and insert "relevant election day" |
| 272 | Page 185, line 33, at end insert— |
| | OTHER TRANSITIONAL PROVISION |
| | "13 (1) The Secretary of State may by order make transitional, saving or transitory provision for the purposes of— |
| (a) | supplementing or giving full effect to Part 3 of this Act; or |
| (b) | making provision consequential on the passing of Part 3 of this Act. |
| (2) | An order under sub-paragraph (1) may, in particular, make— |
| (a) | provision as to the dates on which and years in which relevant elections may or must be held; |
| (b) | provision as to the intervals between relevant elections; |
| (c) | provision as to the term of office of any member of any form of executive; |
| (d) | provision as to when sections 33A to 33D of the LGA 2000 are to begin to apply in relation to a local authority; |
| (e) | provision as to when section 39(6) and (7) of the LGA 2000 are to begin to apply in relation to a local authority. |
| (3) | An order under sub-paragraph (1) may, in particular, make provision to supplement any provision made in Part 1 or 2 of this Schedule. |
| (4) | An order under sub-paragraph (1) may not make provision of the kind that may be made under section 242. |
| (5) | In this paragraph "relevant election" means— |
| (a) | an election for the return of an elected mayor; |
| (b) | an election for the return of elected executive members; |
| (c) | the election by a local authority of the executive leader of a leader and cabinet executive (England)." |
| 273 | Page 206, line 11, at end insert— |
| (a) | for "a complaint" substitute "a matter"; |
| (i) | for "the complaint has" substitute "the matter has"; |
| (ii) | for "the person aggrieved" substitute "the person affected"; |
| (iii) | for "the complaint relates" substitute "it relates"; |
| (iv) | for "to investigate, and reply to, the complaint" substitute "to investigate the matter and to respond"; |
| (i) | for "the complaint to be" substitute "the matter to be"; |
| (ii) | for "to investigate, and reply to, the complaint" substitute "to investigate the matter and to respond"." |
| 274 | Page 208, line 13, at end insert— |
| "( ) | In subsection (1)(ba), for "any officer of the Commission," substitute "any person discharging or assisting in the discharge of a function of a Local Commissioner"." |
| 275 | Page 209, line 8, at end insert— |
| | "8A (1) Section 33ZA (collaborative working between Local Commissioners and other Commissioners) is amended as follows. |
| (2) | In subsection (1), for "the complaint relates partly to" substitute "the matters which are the subject of the investigation include". |
| (a) | for "the person aggrieved" substitute "the person affected"; |
| (b) | for "any person acting on his behalf in accordance with subsection (2) of section 27 of this Act" substitute "the complainant (if any)". |
| (4) | In subsection (4), omit "of a complaint"." |
| 276 | Page 209, line 32, leave out "sub-paragraph (5)" and insert "sub-paragraphs (5) and (6)" |
| 277 | Page 209, line 36, at end insert— |
| | "Parliamentary Commissioner Act 1967 (c. 13) |
| | 11A (1) The Parliamentary Commissioner Act 1967 is amended as follows. |
| (2) | In section 3(2A) (administrative provisions) for "any officer or member of staff of the Commission for Local Administration in England" substitute "any person discharging or assisting in the discharge of a function of a Local Commissioner, but only if the person is". |
| (3) | In section 11 (provision for secrecy of information), in subsection (2)(aa) for "a complaint" substitute "a matter". |
| (4) | In section 11ZAA (collaborative working between Parliamentary Commissioner and other Commissioners)— |
| (i) | for "a complaint which is being investigated" substitute "matters which are the subject of an investigation"; |
| (ii) | for "relates partly to" substitute "include"; |
| (iii) | after "investigation" insert "of that matter"; |
| (i) | for "a complaint" substitute "a matter"; |
| (ii) | for "the complaint" substitute "a complaint about the matter"; |
| (c) | in subsection (5), omit "of a complaint"." |
| 278 | Page 209, line 39, leave out from "officer)," to end of line 40 and insert "in subsection (2)— |
| (a) | after paragraph (a) insert— |
| "(aa) | any such maladministration or failure as is mentioned in Part 3 of the Local Government Act 1974 (Local Commissioners), or"; |
| (b) | in paragraph (b), omit "Part III of the Local Government Act 1974 (Local Commissioners) or"." |
| 279 | Page 209, line 43, at end insert— |
| | "Health Service Commissioners Act 1993 (c. 46) |
| | 12A (1) The Health Service Commissioners Act 1993 is amended as follows. |
| (2) | In section 15 (confidentiality of information), in subsection (1)(aa) for "a complaint" substitute "a matter". |
| (3) | In section 18ZA (collaborative working between the Commissioner and other Commissioners)— |
| (i) | for "a complaint which is being investigated" substitute "matters which are the subject of an investigation"; |
| (ii) | for "relates partly to" substitute "include"; |
| (iii) | after "investigation" insert "of that matter"; |
| (b) | in subsection (4), omit "of a complaint"; |
| (c) | in subsection (5), for "the interests of the complainant and of persons other than the complainant" substitute "the interests of the complainant (if any) and of other persons". |
| (4) | In Schedule 1 (the English Commissioner), in paragraph 12A— |
| (a) | after "performed by" insert "— |
| (b) | for "the Commission for Local Administration in England" substitute— |
| "(b) | any person discharging or assisting in the discharge of a function of a Local Commissioner, |
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