|
| |
|
(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 |
| |
general election in that year. |
| 5 |
(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 |
| |
that year, the day specified in the order. |
| 10 |
(5) | Before making an order under this section, the Welsh Ministers must |
| |
| |
(a) | the Electoral Commission, and |
| |
(b) | such other persons as they consider appropriate. |
| |
(6) | An order under subsection (1) may make incidental, supplementary or |
| 15 |
consequential provision or savings. |
| |
(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— |
| 20 |
(a) | different provision for different purposes; |
| |
(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 |
| 25 |
may not be made unless a draft of the instrument has been laid before |
| |
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”. |
| |
| 30 |
| |
61 | Consequential amendments |
| |
Schedule 2 (consequential amendments) has effect. |
| |
| |
Executive arrangements for England |
| 35 |
62 | Executive arrangements for England |
| |
(1) | Section 11 of the Local Government Act 2000 (c. 22) is amended in accordance |
| |
| |
|
| |
|
| |
|
(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.” |
| |
(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 |
| 5 |
| |
(4) | After subsection (2) insert— |
| |
“(2A) | In the case of any local authority in England, the executive may consist |
| |
| |
(a) | a councillor of the authority (referred to in this Part as the |
| 10 |
executive leader) elected as leader of the executive by the |
| |
| |
(b) | two or more councillors of the authority appointed to the |
| |
executive by the executive leader. |
| |
| Such an executive is referred to in this Part as a leader and cabinet |
| 15 |
| |
| |
(a) | for the words before paragraph (a) substitute— |
| |
“(3) | In the case of any local authority in Wales, the executive may |
| |
| 20 |
(b) | in the words after paragraph (b)(ii), for “leader and cabinet executive” |
| |
substitute “leader and cabinet executive (Wales)”. |
| |
(6) | In subsection (4) for the words before paragraph (a) substitute— |
| |
“(4) | In the case of any local authority in Wales, the executive may consist |
| |
| 25 |
(7) | In subsection (5) for “It” substitute “In the case of a local authority in England |
| |
or Wales, the executive”. |
| |
(8) | In subsection (8) after “leader and cabinet executive” insert “or an elected |
| |
| |
| 30 |
(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”. |
| |
(10) | After subsection (9) insert— |
| |
“(9A) | In this Part, a reference to a leader and cabinet executive is a reference |
| 35 |
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).” |
| |
(11) | In subsection (10) for “subsection (3)(a)” substitute “subsection (2A)(a) or |
| |
| 40 |
|
| |
|
| |
|
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 |
| 5 |
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.” |
| 10 |
(4) | In section 14(2) and (3) for “elected mayor” substitute “senior executive |
| |
| |
| |
(a) | for “elected mayor” substitute “senior executive member”; |
| |
(b) | for “that member” substitute “the member who may discharge the |
| 15 |
| |
(6) | In section 14(5) for “elected mayor” substitute “senior executive member”. |
| |
| |
(a) | for “an elected mayor” substitute “a senior executive member”; |
| |
(b) | for “the elected mayor” substitute “the senior executive member”. |
| 20 |
(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 |
| |
| 25 |
| |
(a) | for the title substitute “Discharge of functions: leader and cabinet |
| |
| |
(b) | in subsection (1) for “leader and cabinet executive” substitute “leader |
| |
and cabinet executive (Wales)”. |
| 30 |
64 | Changing governance arrangements |
| |
After section 33 of the Local Government Act 2000 insert— |
| |
“Changing governance arrangements: general provisions |
| |
33A | Executive arrangements: different form of executive |
| |
A local authority in England which is operating executive |
| 35 |
| |
(a) | vary the arrangements so that they provide for a different form |
| |
| |
(b) | if it makes such a variation, vary the arrangements in such other |
| |
respects (if any) as it considers appropriate. |
| 40 |
|
| |
|
| |
|
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 |
| |
(b) | still provide for the same form of executive. |
| 5 |
33C | Alternative arrangements: move to executive arrangements |
| |
A local authority in England which is operating alternative |
| |
| |
(a) | cease to operate alternative arrangements, and |
| |
(b) | start to operate executive arrangements. |
| 10 |
33D | Alternative arrangements: variation of arrangements |
| |
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. |
| |
33E | Proposals by local authority |
| 15 |
(1) | This section applies to a local authority which wishes to make a change |
| |
in governance arrangements. |
| |
(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, |
| 20 |
| |
(b) | details of any transitional arrangements which are necessary for |
| |
the implementation of the proposals. |
| |
(4) | The following subsections apply if the proposed change is of the kind |
| |
| 25 |
(a) | section 33A (different form of executive), or |
| |
(b) | section 33C (move to executive arrangements). |
| |
(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 |
| 30 |
reasonable steps to consult the local government electors for, and other |
| |
interested persons in, the authority’s area. |
| |
(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 |
| 35 |
authority’s functions are exercised, having regard to a combination of |
| |
economy, efficiency and effectiveness. |
| |
(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 |
| 40 |
the public at all reasonable times, and |
| |
(b) | publish in one or more newspapers circulating in its area a |
| |
| |
(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 |
| |
inspection by members of the public at such times as |
| |
may be specified in the notice, and |
| 5 |
(iv) | specifies the address of their principal office. |
| |
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 |
| 10 |
resolution to operate executive arrangements. |
| |
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 |
| 15 |
(b) | section 33C (move to executive arrangements). |
| |
(2) | On the third day after the relevant elections, the local authority must— |
| |
(a) | cease operating the old form of executive, or the alternative |
| |
| |
(b) | start operating the form of executive which the change in |
| 20 |
governance arrangements provides for. |
| |
(3) | Subject to subsection (2), the local authority must implement the |
| |
change in governance arrangements in accordance with the timetable |
| |
| |
(4) | In this section “relevant elections” means, if the change in governance |
| 25 |
arrangements provides for the local authority to operate— |
| |
(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. |
| 30 |
(5) | For the purposes of subsection (4)(a), the “appropriate elections of |
| |
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 |
| 35 |
(ii) | an elected executive, |
| |
| 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 |
| 40 |
in governance arrangements was passed; |
| |
(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 |
| |
| |
| the “appropriate elections of councillors” are the first ordinary |
| |
elections of councillors of the local authority to be held after the |
| 5 |
end of the permitted resolution period in which the resolution |
| |
| |
(c) | if the local authority— |
| |
(i) | is not currently operating a mayor and cabinet executive |
| |
or elected executive, and |
| 10 |
(ii) | is not required to pass the resolution to make the change |
| |
in governance arrangements during a permitted |
| |
| |
| the “appropriate elections of councillors” are the first ordinary |
| |
elections of councillors of the local authority to be held after the |
| 15 |
| |
33H | Implementation: other change in governance 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 33B (variation of executive arrangements), or |
| 20 |
(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. |
| |
| |
(1) | Except as provided for in sections 33A to 33D or in regulations under |
| 25 |
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. |
| |
(2) | In making a change in governance arrangements, the local authority |
| |
must comply with any directions given by the Secretary of State in |
| 30 |
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. |
| |
Further requirements for certain changes |
| |
33J | New form of executive or move to executive: general requirements |
| 35 |
(1) | This section applies to a change in governance arrangements of the |
| |
| |
(a) | section 33A (new form of executive), or |
| |
(b) | section 33C (move to executive arrangements). |
| |
(2) | The proposals must state the extent to which the functions specified in |
| 40 |
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 |
| |
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— |
| |
(a) | the change is of the kind set out in section 33A (new form of |
| 5 |
executive) or section 33C (move to executive arrangements), |
| |
| |
(b) | the change is subject to approval in a referendum. |
| |
(2) | The local authority must hold a referendum on its proposals before |
| |
taking any steps to implement them. |
| 10 |
(3) | The local authority may not pass a resolution which makes the |
| |
proposed change unless the result of the referendum is to approve the |
| |
| |
(4) | Any such resolution must be passed within the period of 28 days |
| |
beginning with the day when the referendum is held. |
| 15 |
(5) | Any such resolution must be passed at a meeting which is specially |
| |
convened for the purpose of deciding the resolution with notice of the |
| |
| |
(6) | If the result of the referendum is not to approve the proposals, the local |
| |
authority must publish in one or more newspapers circulating it its area |
| 20 |
| |
(a) | summarises the proposals, |
| |
(b) | states that the referendum did not approve the proposals, |
| |
(c) | summarises the authority’s existing executive arrangements, |
| |
| 25 |
(d) | states that the authority will be continuing to operate those |
| |
| |
33L | Change not subject to approval in a referendum: additional |
| |
| |
(1) | This section applies to a change of governance arrangements if— |
| 30 |
(a) | the change is of the kind set out in section 33A (new form of |
| |
executive) or section 33C (move to executive arrangements), |
| |
| |
(b) | the change is not subject to approval in a referendum. |
| |
(2) | Any resolution to make the change in governance arrangements must |
| 35 |
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 |
| |
(b) | the proposed new form of executive is a leader and cabinet |
| 40 |
| |
| |
(a) | the consultation required by section 33E(6) must last for at least |
| |
| |
|
| |
|