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Local Government and Public Involvement in Health Bill


Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England

47

 

68      

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—

“(4)   

The provision which may be made under subsection (1) includes

5

provision relating to changes in local authority governance

arrangements (including changes of the kinds set out in sections 33A to

33D).

(5)   

That includes—

(a)   

provision relating to the old governance arrangements, the new

10

governance arrangements, or both kinds of governance

arrangements,

(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

15

(d)   

provision as to the term of office of any member of any form of

executive.

(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;

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(c)   

the election by a local authority of the executive leader of a

leader and cabinet executive (England).

(7)   

Nothing in subsection (2), (3), (4) or (5) affects the generality of the

power in subsection (1).”

69      

Time limit for holding further referendum

25

(1)   

Section 45 of the Local Government Act 2000 (c. 22) (provision with respect to

referendums) is amended as follows.

(2)   

For subsection (1) substitute—

“(1)   

A local authority—

(a)   

in England may not hold more than one referendum in any

30

period of ten years;

(b)   

in Wales may not hold more than one referendum in any period

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,

35

and referendums held after, this section comes into force.

70      

Interpretation

(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)”

40

substitute “section 40E”;

 
 

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England

48

 

(b)   

in the definition of “executive leader”, for “section 11(3)(a)” substitute

“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)”

5

insert “or section 42A(1)(b)”.

(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,”;

10

““proposed executive” is to be read in accordance with section

40B,”.

(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

15

in relation to that type of authority.

 

Type of local authority

Relevant election years

 
 

Metropolitan district

2010 and every fourth year afterwards

 
 

County

2009 and every fourth year afterwards

 
 

London borough

2010 and every fourth year afterwards

 

20

 

Non-metropolitan district

2011 and every fourth year afterwards”

 

71      

Larger authorities to cease operating alterative arrangements

(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

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85,000 or more.

(2)   

The local authority must draw up proposals for—

(a)   

ceasing to operate alternative arrangements, and

(b)   

starting to operate executive arrangements which provide for a leader

and cabinet executive (England).

30

(3)   

The proposals must include all of the following—

(a)   

a statement of the extent to which the functions specified in regulations

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;

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(c)   

details of any transitional arrangements which are necessary for the

implementation of the proposals.

(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.

40

(5)   

After drawing up the proposals, the local authority must—

 
 

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England

49

 

(a)   

secure that copies of a document setting out the proposals are available

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

which—

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(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

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(iv)   

specifies the address of the principal office.

(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

15

arrangements.

(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)

in accordance with the timetable in the proposals.

(9)   

Executive arrangements which come into operation in accordance with this

20

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

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

25

June 1999 is to be taken to be the Registrar General’s estimate of that

population on that date.

72      

Failure to cease operating alternative arrangements

(1)   

This section applies if—

(a)   

section 71 applies to a local authority, and

30

(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.

(2)   

The Secretary of State may by order specify executive arrangements for the

local authority which provide for a leader and cabinet executive (England).

35

(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

annual meeting in 2009.

(4)   

Arrangements which the Secretary of State specifies under subsection (2) are to

be treated as having been made by the local authority itself.

40

(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.

 
 

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 1 — Parishes

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(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 (c. 22)—

(a)   

section 29(2)(a);

(b)   

section 29(2)(b)(ii) to (v).

5

73      

Sections 71 and 72: supplementary

(1)   

Section 33C of the Local Government Act 2000 does not apply to a local

authority to which section 71 applies.

(2)   

Section 33I(1) of the Local Government Act 2000 is subject to sections 71 and 72.

(3)   

Subsection (4) applies to a local authority which—

10

(a)   

starts to operate a leader and cabinet executive (England) in accordance

with section 71 or 72, 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 (new

form of executive).

15

(4)   

For the purposes of section 33L of the Local Government Act 2000, the first

permitted resolution period is to be the period which—

(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

20

the table in section 33P(5) of the Local Government Act 2000).

(5)   

Expressions used in section 71 or 72 that are also used in Part 2 of the Local

Government Act 2000 have the same meanings in that section as in that Part.

74      

Further amendments & transitional provision

(1)   

Schedule 4 (new arrangements for executives: further amendments) has effect.

25

(2)   

Schedule 5 (new arrangements for executives: transitional provision) has

effect.

Part 4

Parishes

Chapter 1

30

Parishes

75      

Parishes: alternative styles

(1)   

The Local Government Act 1972 (c. 70) is amended as follows.

(2)   

After section 11 insert—

“11A    

Grouping: alternative styles

35

(1)   

An order under section 11(1) which forms a new group may make the

provision set out in subsection (3).

 
 

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 1 — Parishes

51

 

(2)   

But the order must make that provision in either of these cases—

(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

alternative style;

(b)   

if at least one of the parishes which is to be grouped has an

5

alternative style, and at least one of them has a different

alternative style.

(3)   

The provision referred to in subsections (1) and (2) is—

(a)   

provision that each of the parishes in the group shall have an

alternative style, or

10

(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

alternative style;

15

(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

provision was made.

20

(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

alternative style.

25

(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

style.

(7)   

An order under section 11(1) which adds one or more parishes to an

existing group must make the provision set out in subsection (8) if—

30

(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.

(8)   

The provision referred to in subsection (7) is provision that each added

35

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

the following styles—

40

(a)   

“group of communities”;

(b)   

“group of neighbourhoods”;

(c)   

“group of villages”.

(10)   

As soon as practicable after making an order which includes any

provision under this section, the council which makes the order must

45

give notice of the change of style to all of the following—

(a)   

the Secretary of State;

 
 

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 1 — Parishes

52

 

(b)   

the Electoral Commission;

(c)   

the Office of National Statistics;

(d)   

the Director General of the Ordnance Survey;

(e)   

any district council or county council within whose area the

parish lies.

5

11B     

De-grouping: alternative styles

(1)   

This section applies if—

(a)   

the parishes in a group of parishes have an alternative style, and

(b)   

an order under section 11(4) dissolves the group or separates

one or more parishes from the group.

10

(2)   

The order under section 11(4) must provide for each de-grouped parish

to continue to have the alternative style.

(3)   

In subsection (2) “de-grouped parish” means—

(a)   

in the case of dissolution of the group, each parish in the group;

(b)   

in the case of separation of one or more parishes from the group,

15

each parish that is separated.”

(3)   

After section 12 insert—

“12A    

Parishes: alternative styles

(1)   

This section applies to a parish which is not grouped with any other

parish.

20

(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.

(4)   

A single resolution may provide for a parish—

25

(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

all of the following—

30

(a)   

the Secretary of State;

(b)   

the Electoral Commission;

(c)   

the Office of National Statistics;

(d)   

the Director General of the Ordnance Survey;

(e)   

any district council, county council or London borough council

35

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.

12B     

Groups of parishes: alternative styles

40

(1)   

This section applies to a group of parishes.

 
 

Local Government and Public Involvement in Health Bill
Part 4 — Parishes
Chapter 1 — Parishes

53

 

(2)   

The common parish council of the group may resolve that each of the

grouped parishes shall have the same alternative style.

(3)   

If each of the grouped parishes has an alternative style, the common

parish council of the group may resolve that each of the grouped

parishes shall cease to have that style.

5

(4)   

A single resolution may provide for each of the grouped parishes—

(a)   

to cease to have an alternative style, and

(b)   

to have the same one of the other alternative styles instead.

(5)   

If the common parish council passes a resolution under this section for

each of the grouped parishes to have an alternative style, the group of

10

parishes shall have the appropriate one of the following styles—

(a)   

“group of communities”;

(b)   

“group of neighbourhoods”;

(c)   

“group of villages”.

(6)   

As soon as practicable after passing a resolution under this section, the

15

common parish council of a group 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;

20

(d)   

the Director General of the Ordnance Survey;

(e)   

any district council, county council or London borough council

within whose area the group lies.”

(4)   

In section 13 (constitution of parish meeting etc) after subsection (5) insert—

“(5A)   

If the parish has the style of community—

25

(a)   

the parish meeting shall have the style of “community

meeting”;

(b)   

the parish trustees shall be known by the name of “The

Community Trustees” with the addition of the name of the

community.

30

(5B)   

If the parish has the style of neighbourhood—

(a)   

the parish meeting shall have the style of “neighbourhood

meeting”;

(b)   

the parish trustees shall be known by the name of “The

Neighbourhood Trustees” with the addition of the name of the

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neighbourhood.

(5C)   

If the parish has the style of village—

(a)   

the parish meeting shall have the style of “village meeting”;

(b)   

the parish trustees shall be known by the name of “The Village

Trustees” with the addition of the name of the village.”

40

(5)   

In section 14 (constitution and powers of parish council), after subsection (2)

insert—

“(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

the community.

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