|
| |
| |
(4) | After subsection (1) insert— |
| |
“(1A) | In this Part “relevant election years”, in relation to a local authority, |
| |
means the years specified in the second column of the following table |
| |
in relation to that type of authority. |
| |
| | | | | 5 | | | | 2010 and every fourth year afterwards |
| | | | | | 2009 and every fourth year afterwards |
| | | | | | 2010 and every fourth year afterwards |
| | | | | Non-metropolitan district |
| 2011 and every fourth year afterwards” |
| | |
|
76 | Larger authorities to cease operating alterative arrangements |
| 10 |
(1) | This section applies to a local authority if— |
| |
(a) | the authority is operating alternative arrangements, and |
| |
(b) | the resident population of the authority’s area on 30th June 1999 was |
| |
| |
(2) | The local authority must draw up proposals for— |
| 15 |
(a) | ceasing to operate alternative arrangements, and |
| |
(b) | starting to operate executive arrangements which provide for a leader |
| |
and cabinet executive (England). |
| |
(3) | The proposals must include all of the following— |
| |
(a) | a statement of the extent to which the functions specified in regulations |
| 20 |
under section 13(3)(b) of the Local Government Act 2000 (c. 22) are to |
| |
be the responsibility of the leader and cabinet executive (England); |
| |
(b) | a timetable with respect to the implementation of the proposals; |
| |
(c) | details of any transitional arrangements which are necessary for the |
| |
implementation of the proposals. |
| 25 |
(4) | The timetable must be such as to ensure that the local authority will make the |
| |
proposed move to executive arrangements no later than the day of the |
| |
authority’s annual meeting in 2009. |
| |
(5) | After drawing up the proposals, the local authority must— |
| |
(a) | secure that copies of a document setting out the proposals are available |
| 30 |
at the authority’s 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 notice |
| |
| |
(i) | states that the authority has drawn up the proposals, |
| 35 |
(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 inspection by members of |
| |
the public at such times as may be specified in the notice, and |
| |
(iv) | specifies the address of the principal office. |
| 40 |
(6) | A resolution of the local authority is required in order for the authority to |
| |
adopt the proposed leader and cabinet executive (England). |
| |
| |
| |
|
| |
| |
(7) | Section 29(2) of the Local Government Act 2000 (c. 22) applies to a resolution |
| |
under subsection (6) as it applied to a resolution to operate executive |
| |
| |
(8) | If the local authority passes the resolution under subsection (6), the authority |
| |
must make the move to the proposed leader and cabinet executive (England) |
| 5 |
in accordance with the timetable in the proposals. |
| |
(9) | Executive arrangements which come into operation in accordance with this |
| |
section are to be treated as being operated after the passing of a resolution of |
| |
the local authority under section 33F of the Local Government Act 2000. |
| |
(10) | In complying with this section, the local authority must comply with any |
| 10 |
directions given by the Secretary of State in connection with this section. |
| |
(11) | For the purposes of this section the resident population of any area on 30th |
| |
June 1999 is to be taken to be the Registrar General’s estimate of that |
| |
| |
77 | Failure to cease operating alternative arrangements |
| 15 |
(1) | This section applies if— |
| |
(a) | section 76 applies to a local authority, and |
| |
(b) | it appears to the Secretary of State that the local authority will fail to |
| |
start to operate a leader and cabinet executive (England) by the day of |
| |
the authority’s annual meeting in 2009. |
| 20 |
(2) | The Secretary of State may by order specify executive arrangements for the |
| |
local authority which provide for a leader and cabinet executive (England). |
| |
(3) | The leader and cabinet executive (England) which is provided for under |
| |
subsection (2) shall come into operation on the day of the local authority’s |
| |
| 25 |
(4) | Arrangements which the Secretary of State specifies under subsection (2) are to |
| |
be treated as having been made by the local authority itself. |
| |
(5) | Arrangements which come into operation in accordance with subsection (3) |
| |
are to be treated as being operated after the passing of a resolution of the |
| |
authority under section 33F of the Local Government Act 2000. |
| 30 |
(6) | As soon as practicable after executive arrangements are specified under |
| |
subsection (2), the local authority must comply with the following provisions |
| |
of the Local Government Act 2000— |
| |
| |
(b) | section 29(2)(b)(ii) to (v). |
| 35 |
78 | Sections 76 and 77: supplementary |
| |
(1) | Section 33C of the Local Government Act 2000 does not apply to a local |
| |
authority to which section 76 applies. |
| |
(2) | Section 33I(1) of the Local Government Act 2000 is subject to sections 76 and 77. |
| |
(3) | Subsection (4) applies to a local authority which— |
| 40 |
(a) | starts to operate a leader and cabinet executive (England) in accordance |
| |
with section 76 or 77, and |
| |
| |
| |
|
| |
| |
(b) | draws up proposals for a change in those governance arrangements of |
| |
the kind set out in section 33A of the Local Government Act 2000 (c. 22) |
| |
| |
(4) | For the purposes of section 33L of the Local Government Act 2000, the first |
| |
permitted resolution period is to be the period which— |
| 5 |
(a) | starts with 1 October 2010, and |
| |
(b) | ends with 31 December 2010; |
| |
| (rather than the other period ending with 31 December 2010 that is specified in |
| |
the table in section 33P(5) of the Local Government Act 2000). |
| |
(5) | Expressions used in section 76 or 77 that are also used in Part 2 of the Local |
| 10 |
Government Act 2000 have the same meanings in that section as in that Part. |
| |
79 | Further amendments & transitional provision |
| |
(1) | Schedule 4 (new arrangements for executives: further amendments) has effect. |
| |
(2) | Schedule 5 (new arrangements for executives: transitional provision) has |
| |
| 15 |
80 | Supplementary provision |
| |
The provision that may be made under section 246 or 248(5)(b) includes— |
| |
(a) | provision for the dates and years of elections for the return of an elected |
| |
mayor or elected executive members to be varied; |
| |
(b) | if provision is made under paragraph (a), provision for the term of |
| 20 |
| |
(i) | the elected mayor and any other member of his executive, or |
| |
(ii) | the elected executive members, |
| |
| to end earlier, or later, than it would otherwise do. |
| |
| 25 |
| |
| |
| |
81 | Parishes: alternative styles |
| |
(1) | The Local Government Act 1972 (c. 70) is amended as follows. |
| 30 |
(2) | After section 11 insert— |
| |
“11A | Grouping: alternative styles |
| |
(1) | An order under section 11(1) which forms a new group may make the |
| |
provision set out in subsection (3). |
| |
(2) | But the order must make that provision in either of these cases— |
| 35 |
(a) | if at least one of the parishes which is to be grouped does not |
| |
have an alternative style, and at least one of them does have an |
| |
| |
| |
| |
|
| |
| |
(b) | if at least one of the parishes which is to be grouped has an |
| |
alternative style, and at least one of them has a different |
| |
| |
(3) | The provision referred to in subsections (1) and (2) is— |
| |
(a) | provision that each of the parishes in the group shall have an |
| 5 |
| |
(b) | provision that each of the parishes in the group which has an |
| |
alternative style shall cease to have an alternative style. |
| |
(4) | Provision made by virtue of subsection (3)(a)— |
| |
(a) | must provide for each of the parishes to have the same |
| 10 |
| |
(b) | may provide for each of the parishes to have an alternative style |
| |
which any of them already has; |
| |
(c) | has the effect that each parish in the new group shall cease to |
| |
have any different alternative style which it had before the |
| 15 |
| |
(5) | An order under section 11(1) which adds one or more parishes to an |
| |
existing group must make the provision set out in subsection (6) if— |
| |
(a) | the parishes in the group do not have an alternative style, and |
| |
(b) | at least one of the parishes which is to be added has an |
| 20 |
| |
(6) | The provision referred to in subsection (5) is provision that each added |
| |
parish which has an alternative style shall cease to have an alternative |
| |
| |
(7) | An order under section 11(1) which adds one or more parishes to an |
| 25 |
existing group must make the provision set out in subsection (8) if— |
| |
(a) | the parishes in the group have an alternative style, and |
| |
(b) | at least one of the parishes which is to be added— |
| |
(i) | has a different alternative style, or |
| |
(ii) | does not have any of the alternative styles. |
| 30 |
(8) | The provision referred to in subsection (7) is provision that each added |
| |
parish shall (if it does not already have the style) have the same |
| |
alternative style as the parishes already in the group. |
| |
(9) | If an order makes provision under subsection (1) or (2) for parishes to |
| |
have an alternative style, the group shall have the appropriate one of |
| 35 |
| |
(a) | “group of communities”; |
| |
(b) | “group of neighbourhoods”; |
| |
| |
(10) | As soon as practicable after making an order which includes any |
| 40 |
provision under this section, the council which makes the order must |
| |
give notice of the change of style to all of the following— |
| |
(a) | the Secretary of State; |
| |
(b) | the Electoral Commission; |
| |
(c) | the Office of National Statistics; |
| 45 |
(d) | the Director General of the Ordnance Survey; |
| |
| |
| |
|
| |
| |
(e) | any district council or county council within whose area the |
| |
| |
(3) | After section 12 insert— |
| |
“12A | Parishes: alternative styles |
| |
(1) | This section applies to a parish which is not grouped with any other |
| 5 |
| |
(2) | The appropriate parish authority may resolve that the parish shall have |
| |
one of the alternative styles. |
| |
(3) | If the parish has an alternative style, the appropriate parish authority |
| |
may resolve that the parish shall cease to have that style. |
| 10 |
(4) | A single resolution may provide for a parish— |
| |
(a) | to cease to have an alternative style, and |
| |
(b) | to have another of the alternative styles instead. |
| |
(5) | As soon as practicable after passing a resolution under this section, the |
| |
appropriate parish authority must give notice of the change of style to |
| 15 |
| |
(a) | the Secretary of State; |
| |
(b) | the Electoral Commission; |
| |
(c) | the Office of National Statistics; |
| |
(d) | the Director General of the Ordnance Survey; |
| 20 |
(e) | any district council, county council or London borough council |
| |
within whose area the parish lies. |
| |
(6) | In this section “appropriate parish authority” means— |
| |
(a) | the parish council, or |
| |
(b) | if the parish does not have a parish council, the parish meeting.” |
| 25 |
(4) | In section 13 (constitution of parish meeting etc) after subsection (5) insert— |
| |
“(5A) | If the parish has the style of community— |
| |
(a) | the parish meeting shall have the style of “community |
| |
| |
(b) | the parish trustees shall be known by the name of “The |
| 30 |
Community Trustees” with the addition of the name of the |
| |
| |
(5B) | If the parish has the style of neighbourhood— |
| |
(a) | the parish meeting shall have the style of “neighbourhood |
| |
| 35 |
(b) | the parish trustees shall be known by the name of “The |
| |
Neighbourhood Trustees” with the addition of the name of the |
| |
| |
(5C) | If the parish has the style of village— |
| |
(a) | the parish meeting shall have the style of “village meeting”; |
| 40 |
(b) | the parish trustees shall be known by the name of “The Village |
| |
Trustees” with the addition of the name of the village.” |
| |
(5) | In section 14 (constitution and powers of parish council), after subsection (2) |
| |
| |
| |
|
| |
| |
| |
“(2A) | If the parish has the style of community, the council shall be known by |
| |
the name “The Community Council” with the addition of the name of |
| |
| |
(2B) | If the parish has the style of neighbourhood, the council shall be known |
| 5 |
by the name “The Neighbourhood Council” with the addition of the |
| |
name of the neighbourhood. |
| |
(2C) | If the parish has the style of village, the council shall be known by the |
| |
name “The Village Council” with the addition of the name of the |
| |
| 10 |
(6) | In section 15 (chairman and vice-chairman of parish council or meeting), after |
| |
| |
“(11) | If the parish has the style of community, the chairman and vice- |
| |
chairman shall (respectively) have the style— |
| |
(a) | “chairman of the community council”; |
| 15 |
(b) | “vice-chairman of the community council”. |
| |
(12) | If the parish has the style of neighbourhood, the chairman and vice- |
| |
chairman shall (respectively) have the style— |
| |
(a) | “chairman of the neighbourhood council”; |
| |
(b) | “vice-chairman of the neighbourhood council”. |
| 20 |
(13) | If the parish has the style of village, the chairman and vice-chairman |
| |
shall (respectively) have the style— |
| |
(a) | “chairman of the village council”; |
| |
(b) | “vice-chairman of the village council”.” |
| |
(7) | In section 16 (parish councillors), after subsection (5) insert— |
| 25 |
“(6) | If the parish has the style of community, the councillors shall have the |
| |
style of “councillors of the community council”. |
| |
(7) | If the parish has the style of neighbourhood, the councillors shall have |
| |
the style of “councillors of the neighbourhood council”. |
| |
(8) | If the parish has the style of village, the councillors shall have the style |
| 30 |
of “councillors of the village council”.” |
| |
(8) | Before section 18 (and the cross-heading preceding it) insert— |
| |
“17A | Alternative styles: supplementary |
| |
(1) | This section applies for the purposes of sections 9 to 16A. |
| |
(2) | “Alternative style” means one of the following styles— |
| 35 |
| |
| |
| |
(3) | References to a parish having an alternative style, or a particular |
| |
alternative style, are references to the parish having that style by virtue |
| 40 |
| |
| |
(b) | a resolution under section 12A. |
| |
| |
| |
|
| |
| |
(4) | The provisions of a relevant order which provide for a parish to have, |
| |
or to cease to have, an alternative style are subject to any resolution |
| |
under section 12A relating to that parish. |
| |
(5) | A resolution under section 12A relating to a parish is subject to any |
| |
provisions of a relevant order which provide for a parish to have, or to |
| 5 |
cease to have, an alternative style. |
| |
(6) | A parish shall cease to have an alternative style if the parish begins to |
| |
have the status of a town by virtue of section 245(6). |
| |
(7) | In this section “relevant order” means an order under— |
| |
(a) | section 11 of this Act, or |
| 10 |
(b) | section 92 of the Local Government and Public Involvement in |
| |
| |
| |
(1) | The Local Government Act 1972 (c. 70) is amended as follows. |
| |
(2) | In section 15 (chairman and vice-chairman of parish council)— |
| 15 |
(a) | in subsection (1) after “from among the” insert “elected”; |
| |
(b) | in subsection (6) for “a member” substitute “one of the elected |
| |
| |
(3) | In section 16 (parish councillors), in subsection (1) after “number of” insert |
| |
| 20 |
(4) | After section 16 insert— |
| |
“16A | Appointed councillors |
| |
(1) | A parish council may appoint persons to be councillors of the council. |
| |
(2) | The Secretary of State may by regulations make provision about— |
| |
(a) | the appointment of persons under this section; |
| 25 |
(b) | the holding of office after appointment under this section. |
| |
(3) | The regulations may, in particular, make provision about any of the |
| |
| |
(a) | persons who may be appointed; |
| |
(b) | the number of persons who may be appointed; |
| 30 |
(c) | the term of office of persons appointed; |
| |
(d) | the right of persons appointed to participate in decision-making |
| |
by the council (including voting); |
| |
(e) | purposes for which a person appointed is to be treated as an |
| |
| 35 |
(f) | the filling of vacancies. |
| |
(4) | In exercising a function under or by virtue of this section a parish |
| |
council must have regard to any guidance issued by the Secretary of |
| |
State about the exercise of that function. |
| |
(5) | A statutory instrument containing regulations under this section is |
| 40 |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
| |
| |
|
