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
34

(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.
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(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.
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(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.
(6)
An order under subsection (1) may make incidental, supplementary or
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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—
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(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
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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”.
Chapter 3
30
Consequential amendments
61
Consequential amendments
Schedule 2 (consequential amendments) has effect.
Part 3
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
with this section.

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
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(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
may consist of—”.
(4)
After subsection (2) insert—
“(2A)
In the case of any local authority in England, the executive may consist
of—
(a)
a councillor of the authority (referred to in this Part as the
10
executive leader) elected as leader of the executive by the
authority, and
(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
executive (England).”
(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—”;
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(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
of—”.
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(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
executive”.
(9)
In subsection (9)—
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(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
(3)(a)”.
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Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
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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.”
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(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
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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”.
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(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.”.
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(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
and cabinet executive (Wales)”.
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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
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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
respects (if any) as it considers appropriate.
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Local Government and Public Involvement in Health Bill
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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.
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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
(b)
start to operate executive arrangements.
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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
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(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,
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and
(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
set out in—
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(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
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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
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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
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the public at all reasonable times, and
(b)
publish in one or more newspapers circulating in its area a
notice which—
(i)
states that the authority has drawn up the proposals,

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
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(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
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(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
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(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
arrangements, and
(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
in the proposals.
(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.
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(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
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(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

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
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(ii)
is required to pass the resolution to make the change in
governance arrangements during a permitted
resolution period,

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
is passed;
(c)
if the local authority—
(i)
is not currently operating a mayor and cabinet executive
or elected executive, and
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(ii)
is not required to pass the resolution to make the change
in governance arrangements during a permitted
resolution period,

the “appropriate elections of councillors” are the first ordinary
elections of councillors of the local authority to be held after the
15
resolution is passed.
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
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(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.
33I
General
(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
kind set out in—
(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

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Part 3 — Executive arrangements for England
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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),
and
(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.
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(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.
(4)
Any such resolution must be passed within the period of 28 days
beginning with the day when the referendum is held.
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(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
object.
(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 notice which—
(a)
summarises the proposals,
(b)
states that the referendum did not approve the proposals,
(c)
summarises the authority’s existing executive arrangements,
and
25
(d)
states that the authority will be continuing to operate those
arrangements.
33L
Change not subject to approval in a referendum: additional
requirements
(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),
and
(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
executive (England).
(4)
In such a case—
(a)
the consultation required by section 33E(6) must last for at least
12 weeks; and