Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
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33D
Alternative arrangements: variation of arrangements
(1)
A local authority in England which is operating alternative
arrangements may vary the arrangements so that they differ from the
existing arrangements in any respect.
(2)
But this section does not apply to a local authority which is no longer
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eligible for alternative arrangements (within the meaning of section
33C).
33E
Proposals by local authority
(1)
This section applies to a local authority which wishes to make a change
in governance arrangements.
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(2)
The local authority must draw up proposals for the change.
(3)
The proposals must include—
(a)
a timetable with respect to the implementation of the proposals,
and
(b)
details of any transitional arrangements which are necessary for
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the implementation of the proposals.
(4)
The following subsections apply if the proposed change is of the kind
set out in—
(a)
section 33A (different form of executive), or
(b)
section 33C (move to executive arrangements).
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(5)
The proposals may provide for the change in governance arrangements
to be subject to approval in a referendum.
(6)
Before drawing up its proposals, the local authority must take
reasonable steps to consult the local government electors for, and other
interested persons in, the authority’s area.
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(7)
In drawing up the proposals, the local authority must consider the
extent to which the proposals, if implemented, would be likely to assist
in securing continuous improvement in the way in which the local
authority’s functions are exercised, having regard to a combination of
economy, efficiency and effectiveness.
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(8)
After drawing up the proposals, the local authority must—
(a)
secure that copies of a document setting out the proposals are
available at their principal office for inspection by members of
the public at all reasonable times, and
(b)
publish in one or more newspapers circulating in its area a
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notice which—
(i)
states that the authority has drawn up the proposals,
(ii)
describes the main features of the proposals,
(iii)
states that copies of a document setting out the
proposals are available at their principal office for
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inspection by members of the public at such times as
may be specified in the notice, and
(iv)
specifies the address of their principal office.

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33F
Resolution of local authority
(1)
A resolution of a local authority is required in order for the authority to
make a change in governance arrangements.
(2)
Section 29(2) applies to a resolution under this section as it applied to a
resolution to operate executive arrangements.
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33G
Implementation: new executive or move to executive arrangements
(1)
This section applies if a local authority passes a resolution which makes
a change in governance arrangements of the kind set out in—
(a)
section 33A (new form of executive), or
(b)
section 33C (move to executive arrangements).
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(2)
On the third day after the relevant elections, the local authority must—
(a)
cease operating the old form of executive, or the alternative
arrangements, and
(b)
start operating the form of executive which the change in
governance arrangements provides for.
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(3)
Subject to subsection (2), the local authority must implement the
change in governance arrangements in accordance with the timetable
in the proposals.
(4)
In this section “relevant elections” means, if the change in governance
arrangements provides for the local authority to operate—
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(a)
a leader and cabinet executive (England): the appropriate
elections of councillors;
(b)
a mayor and cabinet executive: the first election of the mayor;
(c)
an elected executive: the first elections of the elected executive.
(5)
For the purposes of subsection (4)(a), the “appropriate elections of
25
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,
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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;
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(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
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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;
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(c)
if the local authority—

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(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,
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the “appropriate elections of councillors” are the first ordinary
elections of councillors of the local authority to be held after the
resolution is passed.
33H
Implementation: other change in governance arrangements
(1)
This section applies if a local authority passes a resolution which makes
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a change in governance arrangements of the kind set out in—
(a)
section 33B (variation of executive arrangements), or
(b)
section 33D (variation of alternative arrangements).
(2)
The local authority must implement the change in governance
arrangements in accordance with the timetable in the proposals.
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33I
General
(1)
Except as provided for in sections 33A to 33D or in regulations under
section 34, 35 or 36, a local authority which is operating executive
arrangements or alternative arrangements may not vary, or cease to
operate, those arrangements.
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(2)
In making a change in governance arrangements, the local authority
must comply with any directions given by the Secretary of State in
connection with the making of such a change.
(3)
Sections 33J to 33O contain further requirements which, in certain
cases, apply to proposals or resolutions.
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Further requirements for certain changes
33J
New form of executive or move to executive: general requirements
(1)
This section applies to a change in governance arrangements of the
kind set out in—
(a)
section 33A (new form of executive), or
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(b)
section 33C (move to executive arrangements).
(2)
The proposals must state the extent to which the functions specified in
regulations under section 13(3)(b) are to be the responsibility of the
executive which will be operated if the proposals are implemented.
(3)
The proposals (particularly any provision about timetables and
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transitional matters included in accordance with section 33E(3)) must
be such as to ensure that the proposed change can take effect (so far as
required to) in accordance with section 33G(2).
33K
Changes subject to approval in a referendum: additional requirements
(1)
This section applies to a change in governance arrangements if—
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(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 subject to approval in a referendum.

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(2)
The local authority must hold a referendum on its proposals before
taking any steps to implement them.
(3)
The local authority may not pass a resolution which makes the
proposed change unless the result of the referendum is to approve the
proposals.
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(4)
Any such resolution must be passed within the period of 28 days
beginning with the day when the referendum is held.
(5)
Any such resolution must be passed at a meeting specially convened
for the purpose.
(6)
If the result of the referendum is not to approve the proposals, the local
10
authority must publish in one or more newspapers circulating it its area
a notice which—
(a)
summarises the proposals,
(b)
states that the referendum did not approve the proposals,
(c)
summarises the authority’s existing executive arrangements,
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and
(d)
states that the authority will be continuing to operate those
arrangements.
33L
Change not subject to approval in a referendum: additional
requirements
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(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.
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(2)
Any resolution to make the change in governance arrangements must
be passed during a permitted resolution period.
(3)
Subsection (4) applies if—
(a)
the local authority is operating a mayor and cabinet executive or
an elected executive, and
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(b)
the proposed new form of executive is a leader and cabinet
executive (England).
(4)
In such a case—
(a)
the consultation required by section 33E(6) must last for at least
12 weeks; and
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(b)
the local authority’s proposals must include statements of the
following things—
(i)
the arguments in favour of making the proposed
change;
(ii)
any arguments against making the proposed change;
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(iii)
the local authority’s reasons for wishing to make the
proposed change.
(5)
Subsection (6) applies if—
(a)
the local authority is operating a mayor and cabinet executive or
an elected executive, and
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(b)
the proposed new form of executive is a form prescribed in
section 11(5).
(6)
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;
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(b)
by a majority of at least two thirds of members voting on it.
33M
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.
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(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
15
approval in a referendum.
33N
Variation of size of elected executive
(1)
This section applies to a change in governance arrangements of the
kind set out in section 33B (variation of executive arrangements) which
provides for the variation of the size of an elected executive.
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(2)
The proposed change may not apply in relation to any executive which
has already been elected.
33O
Variation of mayoral or elected executive
(1)
This section applies to a change in governance arrangements of the
kind set out in section 33B (variation of executive arrangements) if the
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local authority is operating—
(a)
a mayor and cabinet executive, or
(b)
an elected executive.
(2)
The local authority may not make any proposals for the change in
governance arrangements unless—
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(a)
the elected mayor, or
(b)
the elected leader,

has given written consent to the proposed change.
Miscellaneous
33P
Interpretation
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(1)
This section applies for the purposes of sections 33A to 33O.
(2)
References to a change in governance arrangements are references to
any change of a kind set out in sections 33A to 33D.
(3)
References to a different form of executive are references to any of the
following kinds of executive that a local authority is not operating—
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(a)
a leader and cabinet executive (England);
(b)
a mayor and cabinet executive;

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(c)
an elected executive;
(d)
a form of executive prescribed under section 11(5).
(4)
In sections 33A to 33O—
“permitted resolution period”, in relation to a local authority,
means a period specified in the second column of the following
5
table in relation to that type of authority;
“proposals” means proposals under section 33E;
“proposed change” means the change in governance
arrangements which is proposed in proposals.
(5)
This is the table referred to in the definition of “permitted resolution
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period”—

Type of local authority
Permitted resolution periods

Metropolitan district
(1)  The period ending with 31 December 2009.

(2)  The period in 2013, or in any fourth year

afterwards, which—

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(a)
starts with 1 October, and

(b)
ends with 31 December.

County
(1)  The period ending with 31 December 2008.

(2)  The period in 2012, or in any fourth year

afterwards, which—

20

(a)
starts with 1 October, and

(b)
ends with 31 December.

London borough
(1)  The period ending with 31 December 2009.

(2)  The period in 2013, or in any fourth year

afterwards, which—

25

(a)
starts with 1 October, and

(b)
ends with 31 December.

Non-metropolitan
(1)  The period ending with 31 December 2010.

district
(2)  The period in 2014, or in any fourth year

afterwards, which—

30

(a)
starts with 1 October, and

(b)
ends with 31 December.

(6)
The Secretary of State may by order provide that a permitted resolution
period is to end later than the last day of that period specified in the
table.”
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65
Referendum following petition
(1)
Section 34 of the Local Government Act 2000 (c. 22) (referendum following
petition) is amended in accordance with subsections (2) to (4).
(2)
In subsection (1) for the words from “operate” to the end substitute “operate a
relevant form of executive”.
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(3)
After subsection (1) insert—
“(1A)
In this section “relevant form of executive” means—

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(a)
in relation to England, an executive which takes such form
permitted by or under section 11 as may be specified in the
regulations;
(b)
in relation to Wales, executive arrangements involving a form
of executive for which a referendum is required.”
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(4)
In subsection (3) after “33” insert “or of any of sections 33A to 33P”.
(5)
In section 35(3) of the Local Government Act 2000 (c. 22) (referendum
following direction) after “33” insert “or of any of sections 33A to 33P”.
(6)
In section 36(3) of the Local Government Act 2000 (referendum following
order) after “33” insert “or of any of sections 33A to 33P”.
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Elected mayors
(1)
Section 39 of the Local Government Act 2000 (elected mayors etc) is amended
as follows.
(2)
Omit subsection (4).
(3)
For subsection (6) substitute—
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“(6)
Elections for the return of an elected mayor of a local authority in
England are to take place on the ordinary day of election in each of the
relevant election years.
(7)
The term of office of an elected mayor of a local authority is to be four
years.
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(8)
This section is subject to regulations under section 41.”
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Elected executives
After section 40 of the Local Government Act 2000 insert—
“Elected executives
40A
Elected executives
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(1)
The leader and other members of the elected executive of a local
authority are to be elected by the local government electors for the
authority’s area in accordance with the provisions made by or under
this Part.
(2)
A member of the elected executive of a local authority is to be treated
30
as a member or councillor of the authority for the purposes of such
enactments (whenever passed or made) as may be specified in
regulations made by the Secretary of State under this subsection.
(3)
Elections for the return of the members of an elected executive of a local
authority are to take place on the ordinary day of election in each of the
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relevant election years.
(4)
The term of office of the members of an elected executive is to be four
years.
(5)
But the term of office of all the members of an elected executive ends if
the elected leader ceases to hold office.
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