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
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
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(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
25
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
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(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
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(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.
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(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
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(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
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(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
35
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.”
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(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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