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 5 — New arrangements for executives: transitional provision
Part 1 — Old-style leader and cabinet executive
190

      (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-
5
paragraph (8)(g) and “or” preceding it substitute—
“(g)
Mayor of London; or
(h)
elected mayor, or member of an elected executive, within
the meaning of Part 2 of the Local Government Act 2000.”
Schedule 5
10
Section 79

New arrangements for executives: transitional provision
Part 1
Old-style leader and cabinet executive
Application of Part
1
This Part applies to a local authority in England if, at the relevant time, the
15
authority is operating an old-style leader and cabinet executive.
Continued operation of existing executive
2     (1)
The coming into force of section 62(5) does not prevent the local authority
from continuing to operate the old-style leader and cabinet executive until
the end of the transitional period.
20
      (2)
For as long as the local authority continues to operate the old-style leader
and cabinet executive, any enactment amended or repealed by this Part of
this Act continues to apply in relation to the local authority, and to the
executive and its operation, as if the amendment or repeal had not been
made.
25
Change in form of executive
3     (1)
The local authority must make a change in governance arrangements of the
kind set out in section 33A of the LGA 2000 (new form of executive).
      (2)
Sections 33E, 33F, 33G, 33I(2) and 33J of the LGA 2000 apply to a change in
governance arrangements required by this paragraph as they apply to a
30
change made under section 33A.
      (3)
In the application of section 33G by virtue of this paragraph, “relevant
elections” has the meaning given in paragraph 5.
      (4)
Any resolution to make the change in governance arrangements must be
passed during the permitted resolution period specified in the second
35
column of the following table in relation to the authority.

Local Government and Public Involvement in Health Bill
Schedule 5 — New arrangements for executives: transitional provision
Part 1 — Old-style leader and cabinet executive
191

Type of local authority
Permitted resolution period

Metropolitan district
The period ending with 31 December 2009

County
The period ending with 31 December 2008

London borough
The period ending with 31 December 2009

Non-metropolitan district
The period ending with 31 December 2010

5
      (5)
The Secretary of State may by order provide that a permitted resolution
period is to end later than the last day of the period specified in the table.
Failure to change form of executive: automatic change
4     (1)
This paragraph applies if the local authority does not make a change in
governance arrangements in accordance with paragraph 3.
10
      (2)
Before the end of the transitional period, the local authority must draw up
and adopt executive arrangements which provide for a leader and cabinet
executive (England).
      (3)
But if it appears to the Secretary of State that the authority will fail to comply
with sub-paragraph (2), the Secretary of State may by order specify
15
executive arrangements which provide for a leader and cabinet executive
(England).
      (4)
The leader and cabinet executive (England) which is provided for under
sub-paragraph (2) or (3) shall come into operation on the last day of the
transitional period.
20
      (5)
Arrangements which the Secretary of State specifies under sub-paragraph
(3) are to be treated as having been made by the local authority itself.
      (6)
Arrangements which come into operation in accordance with sub-
paragraph (4) are to be treated as being operated after the passing of a
resolution of the authority under section 33F of the LGA 2000.
25
      (7)
As soon as practicable after executive arrangements are adopted under sub-
paragraph (2), or specified under sub-paragraph (3), the local authority must
comply with the duties set out in the following provisions of the LGA 2000—
(a)
section 29(2)(a);
(b)
section 29(2)(b)(ii) to (v).
30
Interpretation
5     (1)
In this Part—
“LGA 2000” means the Local Government Act 2000 (c. 22);
“old-style leader and cabinet executive” means a leader and cabinet
executive of the form specified in section 11(3) of the LGA 2000;
35
“relevant elections” means the first ordinary elections of councillors of
the local authority which take place after the end of the permitted
resolution period (within the meaning of paragraph 3(a)(a));
“relevant time” means the time immediately before section 62(5) comes
into force;
40
“transitional period” means the period that—

Local Government and Public Involvement in Health Bill
Schedule 5 — New arrangements for executives: transitional provision
Part 2 — Mayor and council manager executive
192

(a)
starts when section 62(5) comes into force, and
(b)
ends with the third day after the day of the relevant elections.
      (2)
Expressions used in this Part of this Schedule and in Part 2 of the LGA 2000
have the same meaning in this Part as in that Part.
Part 2
5
Mayor and council manager executive
Application of Part
6
This Part applies to a local authority in England if, at the relevant time, the
authority is operating a mayor and council manager executive.
Continued operation of existing executive
10
7     (1)
The coming into force of section 62(7) does not prevent the local authority
from continuing to operate the mayor and council manager executive.
      (2)
For as long as the local authority continues to operate the mayor and council
manager executive, any enactment amended or repealed by this Part of this
Act continues to apply in relation to the local authority, and to the executive
15
and its operation, as if the amendment or repeal had not been made.
Change in form of executive
8     (1)
The local authority must make a change in governance arrangements of the
kind set out in section 33A of the LGA 2000 (new form of executive).
      (2)
Sections 33E, 33F, 33I(2) and 33J of the LGA 2000 apply to a change in
20
governance arrangements required by this paragraph as they apply to a
change made under section 33A.
9     (1)
This paragraph applies if the proposals drawn up in accordance with section
33E provide for a change to a mayor and cabinet executive.
      (2)
The proposals must specify the day on which the authority is to cease
25
operating the mayor and council manager executive and start operating the
mayor and cabinet executive.
      (3)
The day specified in accordance with sub-paragraph (2) must fall before the
day which is expected to be the last day of the relevant mayoral term.
      (4)
Any resolution to make the change in governance arrangements must be
30
passed on or before—
(a)
31 December 2008, or
(b)
such later date as the Secretary of State may by order provide.
      (5)
The following sub-paragraphs apply if the local authority adopt the mayor
and cabinet executive.
35
      (6)
On the day specified in accordance with sub-paragraph (2), the local
authority must—
(a)
cease operating the mayor and council leader executive, and
(b)
start operating the mayor and cabinet executive.

Local Government and Public Involvement in Health Bill
Schedule 5 — New arrangements for executives: transitional provision
Part 2 — Mayor and council manager executive
193

      (7)
The council manager ceases to hold office when the local authority ceases to
operate the mayor and council manager executive.
      (8)
But—
(a)
the mayor does not cease to hold office, and
(b)
his term of office is not affected,
5

by virtue of the local authority ceasing to operate the mayor and council
manager executive.
      (9)
Subject to sub-paragraph (6), the local authority must implement the change
in governance arrangements in accordance with the timetable in the
proposals.
10
     (10)
Any arrangements (including any enactment or subordinate legislation)
which apply to the election of the mayor of the mayor and council manager
executive—
(a)
apply to the first election of the mayor of the mayor and cabinet
executive as if it were the election of the mayor of the mayor and
15
council manager executive, 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.
10    (1)
This paragraph applies if the proposals drawn up in accordance with section
20
33E provide for a change to—
(a)
a leader and cabinet executive (England), or
(b)
an elected executive.
      (2)
Section 33K(2), (3), (5) and (6) of the LGA 2000 apply to the change as they
would if the change were, by virtue of section 33M of the LGA 2000, subject
25
to approval in a referendum.
      (3)
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;
30
(b)
31 December 2008, or such later date as the Secretary of State may by
order provide.
      (4)
Section 45(1) of the LGA 2000 does not prevent a referendum from being
held in accordance with section 33K of the LGA 2000 as applied by sub-
paragraph (2).
35
      (5)
The proposals must provide for the local authority to cease operating the
mayor and council manager executive and start operating the proposed kind
of executive on the day which is expected to be the last day of the relevant
mayoral term.
      (6)
The following sub-paragraphs apply if the local authority adopt the
40
proposed form of executive.
      (7)
On the day specified in accordance with sub-paragraph (5), the local
authority must—
(a)
cease operating the mayor and council leader executive, and
(b)
start operating the proposed kind of executive.
45

Local Government and Public Involvement in Health Bill
Schedule 5 — New arrangements for executives: transitional provision
Part 2 — Mayor and council manager executive
194

      (8)
Subject to sub-paragraph (7), the local authority must implement the change
in governance arrangements in accordance with the timetable in the
proposals.
      (9)
If the local authority—
(a)
changes to a leader and cabinet executive (England), and
5
(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.
     (10)
For the purposes of section 44B of the LGA 2000, that meeting is to be treated
10
as a relevant annual meeting.
     (11)
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.
Failure to change form of executive: automatic change
15
11    (1)
This paragraph applies if the local authority does not make a change in its
executive arrangements in accordance with paragraph 8.
      (2)
Before the end of the transitional period, the local authority must draw up
and adopt executive arrangements which provide for a mayor and cabinet
executive.
20
      (3)
But if it appears to the Secretary of State that the authority will fail to comply
with sub-paragraph (2), the Secretary of State may by order specify
executive arrangements which provide for a mayor and cabinet executive.
      (4)
The mayor and cabinet executive which is provided for under sub-
paragraph (2) or (3) shall come into operation on the last day of the
25
transitional period.
      (5)
Arrangements which the Secretary of State specifies under sub-paragraph
(3) are to be treated as having been made by the local authority itself.
      (6)
Arrangements which come into operation in accordance with sub-
paragraph (4) are to be treated as being operated after the passing of a
30
resolution of the authority under section 33F of the LGA 2000.
      (7)
As soon as practicable after executive arrangements are adopted under sub-
paragraph (2), or specified under sub-paragraph (3), the local authority must
comply with the duties set out in the following provisions of the LGA 2000—
(a)
section 29(2)(a);
35
(b)
section 29(2)(b)(ii) to (v).
Interpretation
12    (1)
In this Part—
“LGA 2000” means the Local Government Act 2000 (c. 22);
“relevant election day” means the day in 2009 on which an ordinary
40
election of a mayor would take place if the local authority continued
to operate a mayor and council manager executive;
“relevant mayoral term”, in relation to proposals, means the term of
office of the person who is mayor when the proposals are drawn up;

Local Government and Public Involvement in Health Bill
Schedule 6 — Parishes: further amendments
195

“relevant time” means the time immediately before section 62(7) comes
into force;
“transitional period” means the period that—
(a)
starts when section 62(7) comes into force, and
(b)
ends with the third day after the relevant election day.
5
      (2)
Expressions used in this Part of this Schedule and in Part 2 of the LGA 2000
have the same meaning in this Part as in that Part.
Part 3
Other transitional provision
13    (1)
The Secretary of State may by order make transitional, saving or transitory
10
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
15
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
20
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.
25
      (4)
An order under sub-paragraph (1) may not make provision of the kind that
may be made under section 246.
      (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;
30
(c)
the election by a local authority of the executive leader of a leader
and cabinet executive (England).
Schedule 6
Section 107

Parishes: further amendments
1
The Local Government Act 1972 (c. 70) is amended in accordance with
35
paragraphs 2 to 9.
2     (1)
Section 9 (parish meetings and councils) is amended as follows.
      (2)
In subsection (4) for “section 14 of the Local Government and Rating Act
1997” substitute “section 92 of the Local Government and Public
Involvement in Health Act 2007”.
40

Local Government and Public Involvement in Health Bill
Schedule 6 — Parishes: further amendments
196

      (3)
In subsection (6)—
(a)
for “section 16 of the Local Government and Rating Act 1997”
substitute “section 92 of the Local Government and Public
Involvement in Health Act 2007”;
(b)
for “section 16 of the Act of 1997” substitute “section 92 of the 2007
5
Act”.
3     (1)
Section 10 (power to dissolve parish councils in small parishes) is amended
as follows.
      (2)
In subsection (1) after “district council” in each place insert or “London
borough council”.
10
4     (1)
Section 11 (orders for grouping parishes etc) is amended as follows.
      (2)
In subsection (1)—
(a)
after “district council” in each place insert “or London borough
council”;
(b)
after “same district” insert “or London borough”.
15
      (3)
In subsection (3), for paragraph (b) substitute—
“(b)
the electoral arrangements that are to apply to the council;”.
      (4)
After subsection (3) insert—
“(3A)
In this section “electoral arrangements”, in relation to a council,
means all of the following—
20
(a)
the year in which ordinary elections of councillors are to be
held;
(b)
the number of councillors to be elected to the council by each
parish;
(c)
the division (or not) of any of the parishes, into wards for the
25
purpose of electing councillors;
(d)
the number and boundaries of any such wards;
(e)
the number of councillors to be elected for any such ward;
(f)
the name of any such ward.”
      (5)
In subsection (4) after “district council” in each place insert “or London
30
borough council”.
      (6)
In subsection (5) for “section 16 of the Local Government and Rating Act
1997” in each place substitute “section 92 of the Local Government and
Public Involvement in Health Act 2007”.
5     (1)
Section 12 (provision supplementary to sections 9 to 11) is amended as
35
follows.
      (2)
In subsection (1)—
(a)
after “district councils” in the first place insert “or by a London
borough council”;
(b)
after “district councils” in the second place insert “or the London
40
borough council”.
6     (1)
Section 16 (parish councillors) is amended as follows.
      (2)
In subsection (2), at the end insert “and relevant electoral arrangements”.