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
Part 2 — Electoral arrangements
Chapter 2 — Miscellaneous
31

Electoral areas in England
58
Metropolitan districts: councillors per ward
(1)
Section 6 of the Local Government Act 1972 (c. 70) (term of office and
retirement of councillors) is amended as follows.
(2)
For subsection (2)(b) substitute—
5
“(b)
every metropolitan district shall be divided into wards, each
returning such number of councillors as may be provided as
mentioned in subsection (3) below;”.
(3)
For subsection (3) substitute—
“(3)
The number of councillors referred to in subsection (2)(b) or (c) above
10
may be provided—
(a)
under or by virtue of the provisions of section 7 below;
(b)
by an order under Part 2 of the Local Government Act 1992
(c. 19);
(c)
by an order under section 14 of the Local Government and
15
Rating Act 1997 (c. 29);
(d)
by an order under Part 1 of the Local Government and Public
Involvement in Health Act 2007.”
59
Change of name of electoral area
(1)
A local authority may, by resolution, change the name of any of the authority’s
20
electoral areas.
(2)
A resolution to change the name of an electoral area must be passed at a
meeting which is specially convened for the purpose of deciding the resolution
with notice of the object.
(3)
If the name of an electoral area is protected, a resolution to change the name
25
may not be passed unless the Electoral Commission has first agreed to the
proposed change.
(4)
As soon as practicable after a resolution is passed, the local authority must give
notice of the change of name to all of the following—
(a)
the Electoral Commission;
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(b)
the Boundary Commission for England;
(c)
the Office of National Statistics;
(d)
the Director General of the Ordnance Survey;
(e)
if the local authority is a county council, the district council (if any)
within whose area the electoral area lies;
35
(f)
if the local authority is a district council, the county council (if any)
within whose area the electoral area lies.
(5)
The change of name does not take effect until the Electoral Commission have
been given notice of the change.
(6)
For the purposes of this section the name of an electoral area is “protected” if—
40
(a)
the name was given to the electoral area by or in pursuance of an order
under section 17 of the Local Government Act 1992 or section 14 of the
Local Government and Rating Act 1997, and

Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 2 — Miscellaneous
32

(b)
that order was made during the period of five years ending with the
day on which a resolution to change the name is to be passed.
(7)
In this section—
“electoral area”, in relation to a local authority, means any area for which
councillors are elected to the authority;
5
“local authority” means—
(a)
a county council in England;
(b)
a district council in England; or
(c)
a London borough council.
Election dates
10
60
Power to change date of local elections to date of European Parliamentary
general election
(1)
In section 37 of the Representation of the People Act 1983 (c. 2) (ordinary days
of local elections in England and Wales), after subsection (2) insert—
“(2A)
Subsection (1) is subject to any order under—
15
(a)
section 37A (local government areas in England), or
(b)
section 37B (local government areas in Wales).”
(2)
After that section insert—
“37A
Power to change date of local elections to date of European
Parliamentary general election: England
20
(1)
The Secretary of State may by order provide that in a year in which a
European Parliamentary general election is to be held—
(a)
the ordinary day of election of councillors for counties in
England, districts and London boroughs,
(b)
the ordinary day of election of councillors for parishes, and
25
(c)
as respects Authority elections, the day on which the poll is to
be held at an ordinary election,

shall be changed so as to be the same as the date of the poll at the
European Parliamentary general election.
(2)
An order under subsection (1) may make provision under all of
30
paragraphs (a) to (c) or under one or more of those paragraphs.
(3)
An order under subsection (1) must relate to a single year and must be
made at least six months before—
(a)
the local election day in that year, or
(b)
if earlier, the date of the poll at the European Parliamentary
35
general election in that year.
(4)
For this purpose “the local election day” in a particular year is—
(a)
the first Thursday in May, or
(b)
if an order has been made under section 37(1)(b) (power to
change date of council and Assembly elections) in relation to
40
that year, the day specified in the order.
(5)
Before making an order under this section, the Secretary of State must
consult—

Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 2 — Miscellaneous
33

(a)
the Electoral Commission, and
(b)
such other persons as he considers appropriate.
(6)
An order under subsection (1) may make incidental, supplementary or
consequential provision or savings.
(7)
Where the Welsh Ministers make an order under section 37B, the
5
Secretary of State may by order make such consequential provision in
relation to elections in England as he thinks fit.
(8)
The powers under subsections (6) and (7) include power to make—
(a)
different provision for different purposes;
(b)
provision disapplying or modifying the application of an
10
enactment or an instrument made under an enactment.
(9)
An order under this section must be made by statutory instrument.
(10)
A statutory instrument containing an order made under this section
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.
15
37B
Power to change date of local elections to date of European
Parliamentary general election: Wales
(1)
The Welsh Ministers may by order provide that, in a year in which a
European Parliamentary general election is to be held, the ordinary day
of election of councillors for—
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(a)
counties in Wales and county boroughs, and
(b)
communities,

shall be changed so as to be the same as the date of the poll at the
European Parliamentary general election.
(2)
An order under subsection (1) may make provision under paragraphs
25
(a) and (b) or under one of those paragraphs.
(3)
An order under subsection (1) must relate to a single year and must be
made at least six months before—
(a)
the local election day in that year, or
(b)
if earlier, the date of the poll at the European Parliamentary
30
general election in that year.
(4)
For this purpose “the local election day” in a particular year is—
(a)
the first Thursday in May, or
(b)
if an order has been made under section 37(1)(b) (power to
change date of council and Assembly elections) in relation to
35
that year, the day specified in the order.
(5)
Before making an order under this section, the Welsh Ministers must
consult—
(a)
the Electoral Commission, and
(b)
such other persons as they consider appropriate.
40
(6)
An order under subsection (1) may make incidental, supplementary or
consequential provision or savings.

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
34

(7)
Where the Secretary of State makes an order under section 37A, the
Welsh Ministers may by order make such consequential provision in
relation to elections in Wales as they think fit.
(8)
The powers under subsections (6) and (7) include power to make—
(a)
different provision for different purposes;
5
(b)
provision disapplying or modifying the application of an
enactment or an instrument made under an enactment.
(9)
An order under this section must be made by statutory instrument.
(10)
A statutory instrument containing an order made under this section
may not be made unless a draft of the instrument has been laid before
10
and approved by a resolution of the National Assembly for Wales.”
(3)
In section 3 of the Greater London Authority Act 1999 (c. 29) (time of ordinary
elections), in subsection (3), after “section 37(2)” insert “or 37A”.
Chapter 3
Consequential amendments
15
61
Consequential amendments
Schedule 2 (consequential amendments) has effect.
Part 3
Executive arrangements for England
62
Executive arrangements for England
20
(1)
Section 11 of the Local Government Act 2000 (c. 22) is amended in accordance
with this section.
(2)
For subsection (1) substitute—
“(1)
The executive of a local authority must take a form specified in
subsections (2) to (5) that is applicable to the authority.”
25
(3)
In subsection (2) for the words before paragraph (a) substitute—
“(2)
In the case of any local authority in England or Wales, the executive
may consist of—”.
(4)
After subsection (2) insert—
“(2A)
In the case of any local authority in England, the executive may consist
30
of—
(a)
a councillor of the authority (referred to in this Part as the
executive leader) elected as leader of the executive by the
authority, and
(b)
two or more councillors of the authority appointed to the
35
executive by the executive leader.

Such an executive is referred to in this Part as a leader and cabinet
executive (England).”

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
35

(5)
In subsection (3)—
(a)
for the words before paragraph (a) substitute—
“(3)
In the case of any local authority in Wales, the executive may
consist of—”;
(b)
in the words after paragraph (b)(ii), for “leader and cabinet executive”
5
substitute “leader and cabinet executive (Wales)”.
(6)
After subsection (3) insert—
“(3A)
In the case of any local authority in England, the executive may consist
of—
(a)
an elected leader, and
10
(b)
two or more other persons elected to the executive.

Such an executive is referred to in this Part as an elected executive.”
(7)
In subsection (4) for the words before paragraph (a) substitute—
“(4)
In the case of any local authority in Wales, the executive may consist
of—”.
15
(8)
In subsection (5) for “It” substitute “In the case of a local authority in England
or Wales, the executive”.
(9)
In subsection (8) after “leader and cabinet executive” insert “or an elected
executive”.
(10)
In subsection (9)—
20
(a)
for “amend subsection (8) so as to provide for” substitute “specify”;
(b)
for “that subsection” substitute “subsection (8)”;
(c)
after “exercised” insert “in relation to Wales”.
(11)
After subsection (9) insert—
“(9A)
In this Part, a reference to a leader and cabinet executive is a reference
25
to either or both of the following, as appropriate in the context—
(a)
a leader and cabinet executive (England);
(b)
a leader and cabinet executive (Wales).”
(12)
In subsection (10) for “subsection (3)(a)” substitute “subsection (2A)(a) or
(3)(a)”.
30
63
Discharge of functions
(1)
The Local Government Act 2000 (c. 22) is amended as follows.
(2)
For the title of section 14 substitute “Discharge of functions: general”.
(3)
For section 14(1) substitute—
“(1)
Subject to any provision made under section 18, 19 or 20, any functions
35
which, under executive arrangements, are the responsibility of—
(a)
a mayor and cabinet executive,
(b)
a leader and cabinet executive (England), or
(c)
an elected executive,

are to be discharged in accordance with this section.”
40

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
36

(4)
In section 14(2) and (3) for “elected mayor” substitute “senior executive
member”.
(5)
In section 14(4)—
(a)
for “elected mayor” substitute “senior executive member”;
(b)
for “that member” substitute “the member who may discharge the
5
function”.
(6)
In section 14(5) for “elected mayor” substitute “senior executive member”.
(7)
In section 14(6)—
(a)
for “an elected mayor” substitute “a senior executive member”;
(b)
for “the elected mayor” substitute “the senior executive member”.
10
(8)
After section 14(6) insert—
“(7)
In this section “senior executive member” means—
(a)
in the case of a mayor and cabinet executive: the elected mayor;
(b)
in the case of a leader and cabinet executive (England): the
executive leader;
15
(c)
in the case of an elected executive: the elected leader.”.
(9)
In section 15—
(a)
for the title substitute “Discharge of functions: leader and cabinet
executive (Wales)”;
(b)
in subsection (1) for “leader and cabinet executive” substitute “leader
20
and cabinet executive (Wales)”.
64
Changing governance arrangements
After section 33 of the Local Government Act 2000 (c. 22) insert—
“Changing governance arrangements: general provisions
33A
Executive arrangements: different form of executive
25
A local authority in England which is operating executive
arrangements may—
(a)
vary the arrangements so that they provide for a different form
of executive, and
(b)
if it makes such a variation, vary the arrangements in such other
30
respects (if any) as it considers appropriate.
33B
Executive arrangements: other variation of arrangements
A local authority in England which is operating executive
arrangements may vary the arrangements so that they—
(a)
differ from the existing arrangements in any respect, but
35
(b)
still provide for the same form of executive.
33C
Alternative arrangements: move to executive arrangements
A local authority in England which is operating alternative
arrangements may—
(a)
cease to operate alternative arrangements, and
40
(b)
start to operate executive arrangements.