Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
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Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Schedule 3 — Supplementary vote system: consequential amendments
183

Schedule 2
Section 61

Electoral arrangements: consequential amendments
Local Government and Housing Act 1989 (c. 42)
1     (1)
Section 9 of the Local Government and Housing Act 1989 (assistants for
political groups) is amended as follows.
5
      (2)
In subsection (11), in paragraph (a) of the definition of “appropriate year”,
for “one in relation to which provision for whole council elections has been
made by virtue of section 7(4)(a) or 26(2)(a) of the Local Government Act
1972” substitute “subject to whole council elections by virtue of Chapter 1 of
Part 2 of the Local Government and Public Involvement in Health Act 2007”.
10
Schedule 3
Section 71

Supplementary vote system: consequential amendments
1
Schedule 2 to the Local Government Act 2000 (c. 22) is amended in
accordance with this Schedule.
2
For the title to the Schedule substitute—
15
“Supplementary vote system”.
3
For paragraph 1 substitute—
“1A   (1)
This Schedule applies in relation to the election of the elected
mayor of a local authority if there are three more candidates to be
mayor.
20
      (2)
The Schedule applies in relation to the election of the elected
executive of a local authority if there are three or more proposed
executives.
      (3)
In this Schedule “participant” means—
(a)
in relation the election of an elected mayor: a candidate to
25
be the elected mayor;
(b)
in relation to the election of an elected executive: a
proposed executive.”.
4
In paragraph 2—
(a)
for “candidates to be the elected mayor” substitute “participants”;
30
(b)
for “candidate” substitute “participant”;
(c)
after “as the elected mayor” insert “or elected executive”.
5     (1)
Paragraph 3 is amended as follows.
      (2)
In sub-paragraph (1) for “candidates to be the elected mayor” substitute
“participants”.
35
      (3)
In sub-paragraphs (2) to (5) for “candidates” in each place substitute
“participants”.

Local Government and Public Involvement in Health Bill
Schedule 4 — Executives: further amendments
184

      (4)
In sub-paragraph (6) for “candidate, to give his” substitute “participant, to
give that participant’s”.
      (5)
In sub-paragraph (7)—
(a)
for “person” substitute “participant”;
(b)
after “as the elected mayor” insert “or elected executive”;
5
(c)
for “candidates” substitute “participants”.
      (6)
In sub-paragraph (8)—
(a)
for “candidates” substitute “participants”;
(b)
after “as the elected mayor” insert “or elected executive”.
Schedule 4
10
Section 79

Executives: further amendments
Local Government Act 1972 (c. 70)
1
The Local Government Act 1972 is amended as follows.
2     (1)
Section 3 (chairman) is amended as follows.
      (2)
For subsection (4A) substitute—
15
“(4A)
In relation to a district council which are operating relevant
executive arrangements, subsection (4) shall have effect as if it
provided for the senior executive member to have precedence in the
district; but this subsection shall not apply if the relevant executive
arrangements provide for it not to apply.
20
(4B)
In subsection (4A)—
“relevant executive arrangements” means arrangements which
involve—
(a)
a mayor and cabinet executive, or
(b)
an elected executive;
25
“senior executive member” means—
(a)
in the case of a mayor and cabinet executive: the
elected mayor;
(b)
in the case of an elected executive: the elected leader.”
3     (1)
Section 70 (restriction on promotion of Bills) is amended as follows.
30
      (2)
In subsection (3) after “elected mayor” insert “or elected executive”.
4     (1)
Section 79 (qualifications for election and holding office) is amended as
follows.
      (2)
In subsection (1) after “elected mayor” insert “or a member of an elected
executive”.
35
5     (1)
Section 80 (disqualification for election and holding office) is amended as
follows.
      (2)
In subsection (1) after “elected mayor” insert “or a member of an elected
executive”.

Local Government and Public Involvement in Health Bill
Schedule 4 — Executives: further amendments
185

6     (1)
Section 82 (validity of acts done by unqualified persons) is amended as
follows.
      (2)
In subsection (1) after “executive leader” insert “or as a member of an elected
executive”.
7     (1)
Section 83 (declaration of acceptance of office) is amended as follows.
5
      (2)
In subsection (1) for “or elected mayor” substitute “, elected mayor or
member of the elected executive”.
8     (1)
Section 84 (resignation) is amended as follows.
      (2)
In subsection (1) after “elected mayor” insert “or as a member of an elected
executive”.
10
9     (1)
Section 85 (vacation of office by failure to attend meetings) is amended as
follows.
      (2)
In subsection (2B)(b) after “mayor and cabinet executive” insert “or elected
executive”.
10    (1)
Section 270 (general provisions as to interpretation) is amended as follows
15
      (2)
In subsection (1) for the definition of “leader and cabinet executive”
substitute—
““leader and cabinet executive” means—
(a)
in relation to England: a leader and cabinet executive
(England);
20
(b)
in relation to Wales: a leader and cabinet executive
(Wales);”.
      (3)
In subsection (1) insert the following definitions at the appropriate places—
““elected executive” has the same meaning as in Part 2 of the
Local Government Act 2000;”
25
““elected leader” has the same meaning as in Part 2 of the Local
Government Act 2000;”
““leader and cabinet executive (England) has the same meaning
as in Part 2 of the Local Government Act 2000;”
““leader and cabinet executive (Wales) has the same meaning as
30
in Part 2 of the Local Government Act 2000;”.
11    (1)
Schedule 2 (constitution and membership of London borough councils) is
amended as follows.
      (2)
In paragraph 5B (constitution of council operating mayoral executive) omit
“or a mayor and council manager executive”.
35
12    (1)
Schedule 12 (meetings and proceedings of local authorities) is amended as
follows.
      (2)
In paragraph 5(5) (who presides over meeting of council operating mayoral
executive) omit “or a mayor and council manager executive”.
Local Government Act 1974 (c. 7)
40
13
The Local Government Act 1974 is amended as follows.
14    (1)
Section 30 (reports on investigation) is amended as follows.

Local Government and Public Involvement in Health Bill
Schedule 4 — Executives: further amendments
186

      (2)
In subsection (2AB) omit “or mayor and council manager executive”.
15    (1)
Section 34 (interpretation of Part 3) is amended as follows.
      (2)
In the definition of “mayor and cabinet executive” and “mayor and council
manager executive” for “and “mayor and council manager executive” have”
substitute “has”.
5
Local Government Act 1985 (c. 51)
16
The Local Government Act 1985 is amended as follows.
17    (1)
Section 35 (disqualification) is amended as follows.
      (2)
In subsection (4) for ““executive leader” and “leader and cabinet executive””
substitute “and executive leader”.
10
      (3)
After subsection (4) insert—
“(5)
In this section “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);
15

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.”
Local Government Finance Act 1988 (c. 41)
18
The Local Government Finance Act 1988 is amended as follows.
20
19    (1)
Section 111 (interpretation of Part 8) is amended as follows.
      (2)
In subsection (3A)—
(a)
after “council manager,” insert “elected executive, elected leader,”;
(b)
omit “leader and cabinet executive,”.
      (3)
After subsection (3A) insert—
25
“(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
30
“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
35
leader;”.
      (3)
In subsection (2A), after paragraph (a) insert—
“(aa)
where the authority has an elected executive, the elected
leader;”.

Local Government and Public Involvement in Health Bill
Schedule 4 — Executives: further amendments
187

Local Government Act 2000 (c. 22)
21
The Local Government Act 2000 is amended as follows.
22
In section 29 (operation of and publicity for executive arrangements), in
subsection (3) after “A local authority” insert “in Wales”.
23
In section 30 (operation of different executive arrangements), in subsection
5
(1) after “a local authority” insert “in Wales”.
24
In section 33 (operation of alternative arrangements), before subsection (1)
insert—
“(A1)
In this section references to a local authority are references to a local
authority in Wales.”
10
25    (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”.
26
In section 83 (interpretation of Part 3)—
(a)
in the definition of “elected mayor” and “elected executive member”,
15
for “and (4)” substitute “and section 40E”;
(b)
in the definition of “executive leader”, for “section 11(3)(a)”
substitute “section 11(2A)(a) or (3)(a)”.
27
In section 105 (orders and regulations), in subsection (6) after “32,” insert
“33J(5), 33P(6),”.
20
28
After paragraph 1 of Schedule 1 (executive arrangements: further provision)
insert—
“Leader and cabinet executives (England)
1A    (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 11(8), 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 11(2A)(b).
30
      (3)
The executive arrangements must include provision which
requires the executive leader to appoint one of the members of the
executive to be his deputy (referred to in this paragraph as the
deputy executive leader).
      (4)
Subject to sub-paragraph (5), the deputy executive leader, unless
35
he resigns as deputy executive leader or ceases to be a member of
the authority, is to hold office until the end of the term of office of
the executive leader.
      (5)
The executive leader may, if he thinks fit, remove the deputy
executive leader from office.
40
      (6)
Where a vacancy occurs in the office of deputy executive leader,
the executive leader must appoint another person in his place.

Local Government and Public Involvement in Health Bill
Schedule 4 — Executives: further amendments
188

      (7)
If for any reason the executive leader is unable to act or the office
of executive leader is vacant, the deputy executive leader must act
in his place.
      (8)
If for any reason—
(a)
the executive leader is unable to act or the office of
5
executive leader is vacant, and
(b)
the deputy executive leader is unable to act or the office of
deputy executive leader is vacant,

the executive must act in the executive leader’s place or must
arrange for a member of the executive to act in his place.”
10
29    (1)
For the heading before paragraph 2 of Schedule 1 substitute—
“Leader and cabinet executives (Wales)”.
      (2)
Paragraph 2 is amended as follows.
      (3)
In sub-paragraph (1) for “leader and cabinet executive” substitute “leader
and cabinet executive (Wales)”.
15
      (4)
In sub-paragraph (4) for “sub-paragraph (2)(a)” substitute “sub-paragraph
(3)(a).”.
30
After paragraph 2 of Schedule 1 insert—
“Elected executives
“2A   (1)
This paragraph applies in relation to executive arrangements by a
20
local authority which provide for an elected executive.
      (2)
The executive arrangements may include provision specifying the
number of members (including the elected leader) who are to be
elected to the executive in accordance with section 11(3A) (the
“specified membership”).
25
      (3)
The specified membership—
(a)
must be 3 or more, but
(b)
must not be greater than the maximum number of
members of the elected executive (as determined under
section 11(8) or regulations under section 11(9)).
30
      (4)
If the specified membership is 4 or more, the executive
arrangements may also include provision specifying the number
of members of the executive that is to be the minimum effective
membership for the purposes of section 41(2).
      (5)
The minimum effective membership that is specified—
35
(a)
must be the same as, or smaller than, the specified
membership, but
(b)
must not be smaller than 3.
      (6)
The executive arrangements may include provision specifying—
(a)
the minimum number of members (including the elected
40
leader) who are to be elected to the executive in accordance
with section 11(3A) (the “specified minimum
membership”), and

Local Government and Public Involvement in Health Bill
Schedule 4 — Executives: further amendments
189

(b)
the maximum number of members (including the elected
leader) who are to be elected to the executive in accordance
with section 11(3A) (the “specified maximum
membership”).
      (7)
The specified minimum membership must be 3 or more.
5
      (8)
The specified maximum membership must not be more than the
maximum number of members of the elected executive (as
determined under section 11(8) or regulations under section
11(9)).
      (9)
If the specified minimum membership is 4 or more, the executive
10
arrangements may also include provision specifying the number
of members of the executive that is to be the minimum effective
membership for the purposes of section 41(2).
     (10)
The minimum effective membership that is specified—
(a)
must be the same as, or smaller than, the specified
15
minimum membership, but
(b)
must not be smaller than 3.
     (11)
The executive arrangements may not include provision under
sub-paragraph (2) and provision under sub-paragraph (6).
     (12)
The executive arrangements must include provision which
20
requires the elected leader to appoint one of the members of the
executive to be his deputy (referred to in this paragraph as the
deputy leader).
     (13)
Subject to sub-paragraph (14), the deputy leader, unless he resigns
as deputy leader or ceases to be a member of the authority, is to
25
hold office until the end of the term of office of the executive
leader.
     (14)
The elected leader may, if he thinks fit, remove the deputy leader
from office.
     (15)
Where a vacancy occurs in the office of deputy leader, the elected
30
leader must appoint another person in his place.
     (16)
If for any reason the elected leader is unable to act or the office of
elected leader is vacant, the deputy leader must act in his place.
     (17)
If for any reason—
(a)
the elected leader is unable to act or the office of elected
35
leader is vacant, and
(b)
the deputy leader is unable to act or the office of deputy
leader is vacant,

the executive must act in the elected leader’s place or must arrange
for a member of the executive to act in his place.”.
40
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.