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 3 — Executive arrangements for England
44

(6)
This section is subject to regulations under section 41.
40B
Proposed executives
(1)
Subject to regulations under section 41, a person may not become a
member of an elected executive unless the person is included in a
proposed executive which is returned in accordance with section 42A.
5
(2)
A proposed executive is a list of persons seeking to be returned together
as the elected executive.
(3)
A proposed executive must specify which of the listed persons is
seeking to be returned as the elected leader.
(4)
The number of persons included in a proposed executive must comply
10
with the requirements in the second column of the following table that
apply to the local authority.

The requirements that apply to the local authority are those in the row
that sets out the kind of executive arrangements operated by the local
authority.
15

Kind of executive arrangements
Requirements

The local authority’s executive
The number of persons included in a

arrangements include provision
proposed executive must be the same as

under paragraph 2A(2) of
the specified membership.

Schedule 1 (specified

20

membership of executive).

The local authority’s executive
The number of persons included in a

arrangements include provision
proposed executive—

under paragraph 2A(6) of
(a)
must be the same as, or greater

Schedule 1 (specified minimum
than, the specified minimum

25

and maximum membership of
membership, but

executive).
(b)
must not be greater than the

specified maximum membership.

The local authority’s executive
The number of persons included in a

arrangements do not include
proposed executive—

30

provision under paragraph 2A(2)
(a)
must be 3 or more, but

or (6) of Schedule 1.
(b)
must not be greater than the

maximum number of members of

the elected executive (as

determined under section 11(8)

35

or regulations under section

11(9)).

40C
Election as member of elected executive and councillor
(1)
If a person who is returned at an election as a member of an elected
executive of a local authority is also returned at an election held at the
40
same time as a councillor of the authority, a vacancy shall arise in the
office of councillor.
(2)
If the person who is returned at an election (“the executive election”) as
a member of the elected executive of a local authority—

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
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(a)
is a councillor of the authority, and
(b)
was returned as such a councillor at an election held at an earlier
time than the executive election,

a vacancy shall arise in the office of councillor.
(3)
Subject to subsection (4), a person who is a member of the elected
5
executive of a local authority may not be a candidate in an election for
the return of a councillor or councillors of the authority.
(4)
A person who is a member of the elected executive of a local authority
may be a candidate in an election for the return of a councillor or
councillors of the authority if the election is held at the same time as an
10
election for the return of the elected executive of the authority.
(5)
But subsection (1) applies if he is a candidate in both such elections and
he is returned both as a member of the elected executive and as a
councillor.”
68
Other elected executive members
15
After section 40C of the Local Government Act 2000 (c. 22) insert—
“Other executive members who are elected
40D
Other executive members who are elected
(1)
This section applies to any elected member of a local authority
executive, other than—
20
(a)
an elected mayor, or
(b)
a member of an elected executive.
(2)
Subject to regulations under section 41, the term of office of the member
of the executive is to be four years.
(3)
The member of the executive is to be elected as such by the local
25
government electors for the authority’s area in accordance with the
provisions made by or under this Part.”
69
Meaning of “elected executive member”
After section 40D of the Local Government Act 2000 insert—
“Elections of mayors, elected executives etc
30
40E
Meaning of “elected executive member”
In this Part “elected executive member” means—
(a)
a member of an elected executive, or
(b)
a member of any other executive to whom section 40D applies.”
70
Time of elections etc
35
(1)
Section 41 of the Local Government Act 2000 (regulations about time of
elections etc) is amended as follows.
(2)
The provision of section 41 becomes subsection (1) of that section.

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
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(3)
In subsection (1)—
(a)
after “provision” insert “of one or more of the following kinds”;
(b)
in paragraph (c) omit “and”;
(c)
after paragraph (d) insert—
“(e)
as to the election of a new elected executive if vacancies
5
arise in the membership of the current elected
executive.”
(4)
After subsection (1) insert—
“(2)
Regulations under this section may not provide for an elected executive
by-election to be held if the number of remaining members of the
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executive is the same as, or greater than, the minimum effective
membership.
(3)
But subsection (2) does not prevent the regulations from providing
that, in those circumstances, an elected executive by-election may be
held at the direction of the elected leader of the executive.
15
(4)
In this section—
“elected executive by-election” means—
(a)
an election to fill a vacancy in the membership of an
elected executive, or
(b)
an election of a new elected executive because of
20
vacancies in the membership of the current executive;
but it does not include any election to be held because of a
vacancy in the office of elected leader;
“minimum effective membership” means, in relation to a local
authority—
25
(a)
3 members of the authority’s executive, or
(b)
if the authority’s executive arrangements include
provision under paragraph 2A(4) or (9) of Schedule 1,
the number of members of the authority’s executive
specified in that provision.”
30
71
Voting at elections of elected executives
(1)
After section 42 of the Local Government Act 2000 (c. 22) insert—
“42A
Voting at elections of elected executives
(1)
Each person entitled to vote as an elector at an election for the return of
an elected executive is to have the following vote or votes—
35
(a)
one vote (referred to in this Part as a first preference vote) which
may be given for the voter’s first preference from among the
proposed executives, and
(b)
if there are three or more proposed executives, one vote
(referred to in this Part as a second preference vote) which may
40
be given for the voter’s second preference from among the
proposed executives.
(2)
The elected executive is to be returned under the simple majority
system, unless there are three or more proposed executives.

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(3)
If there are three or more proposed executives, the elected executive is
to be returned under the supplementary vote system in accordance
with Schedule 2.
(4)
If a proposed executive is returned in accordance with this section—
(a)
the proposed leader is returned as the elected leader;
5
(b)
the other persons included in the proposed executive are
returned as the other members of the executive.
(5)
The proposed leader is the person who is specified in the proposed
executive as seeking to be returned as the elected leader.”.
(2)
Schedule 3 (supplementary vote system: consequential amendments) has
10
effect.
72
Leader and cabinet executives (England)
After section 44 of the Local Government Act 2000 (c. 22) insert—
“Leader and cabinet executives (England)
44A
Election of leader: whole-council elections
15
(1)
This section applies to a local authority if it—
(a)
is subject to whole-council elections, and
(b)
is, on the day of a post-election annual meeting, operating a
leader and cabinet executive (England).
(2)
The executive leader is to be elected at the post-election annual
20
meeting.
(3)
But if the council fails to elect the executive leader at the post-election
annual meeting, an executive leader is to be elected at a subsequent
meeting of the council.
(4)
For the purposes of this section and section 44D—
25
(a)
a local authority is subject to whole-council elections if, under
the scheme for the ordinary elections of its councillors, all of the
councillors are elected in each year in which the elections are
held;
(b)
“post-election annual meeting” means the first annual meeting
30
of a local authority to be held after ordinary elections take place.
44B
Election of leader: partial-council elections
(1)
This section applies to a local authority if it—
(a)
is subject to partial-council elections, and
(b)
is, on the day of a relevant annual meeting, operating a leader
35
and cabinet executive (England).
(2)
The executive leader is to be elected at the relevant annual meeting.
(3)
But if the council fails to elect the executive leader at the relevant
annual meeting, the executive leader is to be elected at a subsequent
meeting of the council.
40
(4)
For the purposes of this section and section 44E—

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(a)
a local authority is subject to partial-council elections if, under
the scheme for the ordinary elections of its councillors, one-half
or one-third (or, in either case, as nearly as may be) of the
councillors are elected in each year in which the elections are
held;
5
(b)
“relevant annual meeting” means—
(i)
the first annual meeting to be held after the local
authority starts to operate the leader and cabinet
executive (England), or
(ii)
any subsequent annual meeting held on a day when an
10
executive leader’s term of office is to end by virtue of
section 44E(3).
44C
Removal of leader
(1)
Executive arrangements by a local authority which provide for a leader
and cabinet executive (England) may include provision for the council
15
to remove the executive leader by resolution.
(2)
If a council passes a resolution to remove the executive leader, a new
executive leader is to be elected—
(a)
at the meeting at which the leader is removed from office, or
(b)
at a subsequent meeting.
20
44D
Term of office of leader: whole-council elections
(1)
This section applies to the executive leader of a local authority which—
(a)
is operating a leader and cabinet executive (England), and
(b)
is subject to whole-council elections.
(2)
The executive leader’s term of office starts on the day of his election as
25
leader.
(3)
The executive leader’s term of office ends on the day of the post-
election annual meeting which follows his election as leader.
(4)
But if the executive leader is removed from office in accordance with
section 44C, his term of office ends on the day of his removal.
30
44E
Term of office of leader: partial-council elections
(1)
This section applies to the executive leader of a local authority which—
(a)
is operating a leader and cabinet executive (England), and
(b)
is subject to partial-council elections.
(2)
The executive leader’s term of office starts on the day of his election.
35
(3)
The executive leader’s term of office ends on the day when the council
holds its first annual meeting after the leader’s normal day of
retirement as a councillor.
(4)
But that is subject to subsections (5) and (6).
(5)
If the executive leader is removed from office in accordance with
40
section 44C, his term of office ends on the day of his removal.
(6)
If the local authority becomes subject to whole-council elections, the
executive leader’s term of office ends on the day of the annual meeting
which follows the first whole-council elections.

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(7)
For the purposes of this section an executive leader’s normal day of
retirement as a councillor is the day when the leader would next be
required to retire as a councillor of the council if section 44F were
disregarded.
44F
Leader to continue to hold office as councillor
5
(1)
The executive leader of a leader and cabinet executive (England)
remains a member of the council during his term of office as leader.
(2)
Accordingly, any enactment which provides for his earlier retirement
as a councillor does not apply.
(3)
This section does not affect anything by which the executive leader may
10
cease to be a councillor otherwise than by retirement (including
disqualification or resignation).
44G
No other means of electing or removing leader
(1)
This section applies to a local authority which operate a leader and
cabinet executive (England).
15
(2)
An executive leader may not be elected except in accordance with
section 44A, 44B or 44C or regulations under section 44H.
(3)
An executive leader may not be removed from office except in
accordance with section 44C or regulations under section 44H.
44H
Regulations
20
(1)
The Secretary of State may by regulations make provision—
(a)
as to the dates on which and years in which executive leaders of
leader and cabinet executives (England) are to be elected by
local authorities,
(b)
as to the intervals between elections of executive leaders of
25
leader and cabinet executives (England),
(c)
as to the term of office of an executive leader of a leader and
cabinet executive (England), and
(d)
as to the filling of vacancies in the office of executive leader of a
leader and cabinet executive (England).
30
(2)
Sections 44A to 44E are subject to regulations under this section.”
73
Power to make incidental, consequential provision etc
(1)
Section 47 of the Local Government Act 2000 (power to make incidental,
consequential provision etc) is amended as follows.
(2)
After subsection (3) insert—
35
“(4)
The provision which may be made under subsection (1) includes
provision relating to changes in local authority governance
arrangements (including changes of the kinds set out in sections 33A to
33D).
(5)
That includes—
40
(a)
provision relating to the old governance arrangements, the new
governance arrangements, or both kinds of governance
arrangements,

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(b)
provision as to the dates on which and years in which relevant
elections may or must be held,
(c)
provision as to the intervals between relevant elections, and
(d)
provision as to the term of office of any member of any form of
executive.
5
(6)
In subsection (5) “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).
10
(7)
Nothing in subsection (2), (3), (4) or (5) affects the generality of the
power in subsection (1).”
74
Time limit for holding further referendum
(1)
Section 45 of the Local Government Act 2000 (c. 22) (provision with respect to
referendums) is amended as follows.
15
(2)
For subsection (1) substitute—
“(1)
A local authority—
(a)
in England may not hold more than one referendum in any
period of ten years;
(b)
in Wales may not hold more than one referendum in any period
20
of five years.”
(3)
In subsection (9) after “section 27” insert “or 33K”.
(4)
Section 45 as amended by subsection (1) applies to referendums held before,
and referendums held after, this section comes into force.
75
Interpretation
25
(1)
Section 48 of the Local Government Act 2000 is amended as follows.
(2)
In subsection (1)—
(a)
in the definition of “elected executive member”, for “section 39(4)”
substitute “section 40E”;
(b)
in the definition of “executive leader”, for “section 11(3)(a)” substitute
30
“section 11(2A)(a) or (3)(a)”;
(c)
in the definition of “first preference vote”, after “section 42(1)(a)” insert
“or section 42A(1)(a)”;
(d)
in the definition of “second preference vote”, after “section 42(1)(b)”
insert “or section 42A(1)(b)”.
35
(3)
In subsection (1) insert the following definitions at the appropriate places—
““elected leader” means the leader of an elected executive,”;
““ordinary day of election”, in relation to a local authority, means
the day of ordinary elections of councillors of the authority,”;
““proposed executive” is to be read in accordance with section
40
40B,”.