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
41

(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
regulations under section 11(5).
(6)
In such a case, the resolution to make the change in governance
arrangements must be passed—
(a)
at a meeting which is specially convened for the purpose of
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deciding the resolution with notice of the object;
(b)
by a majority of at least two thirds of members voting on it.
(7)
In subsection (6) the reference to the members of the council includes—
(a)
in a case where the council are operating a mayor and cabinet
executive, the elected mayor of the council;
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(b)
in a case where the council are operating an elected executive,
the members of the elected executive of the council.
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
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following cases.
(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
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33E provide for the change in governance arrangements to be subject to
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
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provides for the variation of the size of an elected executive.
(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
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kind set out in section 33B (variation of executive arrangements) if the
local authority is operating—
(a)
a mayor and cabinet executive, or
(b)
an elected executive.

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(2)
The local authority may not make any proposals for the change in
governance arrangements unless—
(a)
the elected mayor, or
(b)
the elected leader,

has given written consent to the proposed change.
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Miscellaneous
33P
Interpretation
(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.
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(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—
(a)
a leader and cabinet executive (England);
(b)
a mayor and cabinet executive;
(c)
an elected executive;
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(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
table in relation to that type of authority;
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“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
period”—
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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—

(a)
starts with the day after that council’s

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annual meeting, 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—

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(a)
starts with the day after that council’s

annual meeting, and

(b)
ends with 31 December.

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England
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Type of local authority
Permitted resolution periods

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

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

afterwards, which—

(a)
starts with the day after that council’s

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annual meeting, 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—

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(a)
starts with the day after that council’s

annual meeting, 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
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table.”
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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
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relevant form of executive”.
(3)
After subsection (1) insert—
“(1A)
In this section “relevant form of executive” means—
(a)
in relation to England, an executive which takes such form
permitted by or under section 11 as may be specified in the
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regulations;
(b)
in relation to Wales, executive arrangements involving a form
of executive for which a referendum is required.”
(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 (referendum following
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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
35
as follows.
(2)
Omit subsection (4).
(3)
For subsection (5) substitute—
“(5A)
A reference in any enactment (whenever passed or made) to—
(a)
a member of a local authority, or
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Local Government and Public Involvement in Health Bill
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(b)
a councillor of a local authority,

does not include a reference to an elected mayor of the authority.
(5B)
But subsection (5A) is subject to—
(a)
regulations made by the Secretary of State under this paragraph
which provide that an elected mayor is to be treated as member
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or councillor of a local authority for the purposes of an
enactment (whenever passed or made), and
(b)
any other contrary intention that appears in any enactment
(whenever passed or made).
(5C)
Sections 2(2A) and 21(1A) of, and paragraph 5C(1) of Schedule 2 to, the
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Local Government Act 1972 are not to be taken to indicate any contrary
intention for the purposes of subsection (5B)(b).”
(4)
For subsection (6) substitute—
“(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
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relevant election years.
(7)
The term of office of an elected mayor of a local authority is to be four
years.
(8)
This section is subject to regulations under section 41.”
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Leader and cabinet executives (England)
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After section 44 of the Local Government Act 2000 (c. 22) insert—
“Leader and cabinet executives (England)
44A
Election of leader: whole-council elections
(1)
This section applies to a local authority if it—
(a)
is subject to whole-council elections, and
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(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
meeting.
(3)
But if the council fails to elect the executive leader at the post-election
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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—
(a)
a local authority is subject to whole-council elections if, under
the scheme for the ordinary elections of its councillors, all of the
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councillors are elected in each year in which the elections are
held;
(b)
“post-election annual meeting” means the first annual meeting
of a local authority to be held after ordinary elections take place.
44B
Election of leader: partial-council elections
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(1)
This section applies to a local authority if it—
(a)
is subject to partial-council elections, and

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(b)
is, on the day of a relevant annual meeting, operating a leader
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
5
meeting of the council.
(4)
For the purposes of this section and section 44E—
(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
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councillors are elected in each year in which the elections are
held;
(b)
“relevant annual meeting” means—
(i)
the first annual meeting to be held after the local
authority starts to operate the leader and cabinet
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executive (England), or
(ii)
any subsequent annual meeting held on a day when an
executive leader’s term of office is to end by virtue of
section 44E(3).
44C
Removal of leader
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(1)
Executive arrangements by a local authority which provide for a leader
and cabinet executive (England) may include provision for the council
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—
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(a)
at the meeting at which the leader is removed from office, or
(b)
at a subsequent meeting.
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
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(b)
is subject to whole-council elections.
(2)
The executive leader’s term of office starts on the day of his election as
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.
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(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.
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
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(b)
is subject to partial-council elections.
(2)
The executive leader’s term of office starts on the day of his election.

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(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
5
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.
(7)
For the purposes of this section an executive leader’s normal day of
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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
(1)
The executive leader of a leader and cabinet executive (England)
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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
cease to be a councillor otherwise than by retirement (including
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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).
(2)
An executive leader may not be elected except in accordance with
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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
(1)
The Secretary of State may by regulations make provision—
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(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
leader and cabinet executives (England),
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(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).
(2)
Sections 44A to 44E are subject to regulations under this section.”
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