Local Government Bill [H.L.] - continued        House of Lords

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  PART II
  ARRANGEMENTS WITH RESPECT TO EXECUTIVES
 
Executive arrangements
Executive arrangements.     9. In this Part "executive arrangements" means arrangements by a local authority for and in connection with the creation and operation of an executive of the authority with responsibility for the executive functions of the authority.
 
 
Local authority executives
Local authority executives.     10. - (1) An executive of a local authority must take one of the forms specified in subsections (2) to (5).
 
      (2) It may consist of-
 
 
    (a) an elected mayor of the authority, and
 
    (b) two or more councillors of the authority appointed to the executive by the elected mayor.
      (3) It may consist of-
 
 
    (a) a councillor of the authority (referred to in this Part as the 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 one of the following-
 
      (i) the executive leader, or
 
      (ii) the authority.
      (4) It may consist of-
 
 
    (a) an elected mayor of the authority, and
 
    (b) an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority.
      (5) It may take any such form as may be prescribed in regulations made by the Secretary of State.
 
      (6) Regulations under subsection (5) may, in particular, provide for-
 
 
    (a) a form of executive each member of which is elected by the local government electors of the authority's area to a specified post in the executive associated with the discharge of particular functions,
 
    (b) a form of executive some or all of the members of which are elected by those electors but not to any such post,
 
    (c) the system of voting that will be used for elections under paragraph (a) or (b).
      (7) A local authority executive may not include the chairman or vice-chairman of the authority.
 
      (8) The number of members of a local authority executive which takes the form specified in subsection (2) or (3) may not exceed 10.
 
      (9) The Secretary of State may by regulations amend subsection (8) so as to provide for a different maximum number of members of an executive to which that subsection applies, but the power under this subsection may not be exercised so as to provide for a maximum number which exceeds 10.
 
 
Executive functions
Executive functions.     11. - (1) The Secretary of State may by regulations specify-
 
 
    (a) functions of local authorities which may not be the subject of executive arrangements, and
 
    (b) functions of local authorities which may be (but need not be) the subject of executive arrangements.
      (2) In this Part "executive functions", in relation to any executive arrangements of a local authority, means-
 
 
    (a) any functions of the authority which are not specified in regulations under subsection (1), and
 
    (b) such of the functions of the authority specified in regulations under subsection (1)(b) as are the subject of the executive arrangements.
      (3) The Secretary of State may by regulations specify circumstances in which executive functions of a local authority under executive arrangements must be discharged by the authority and not in accordance with section 12, 13 or 14.
 
      (4) Except as provided by regulations under subsection (3), any executive function of a local authority under executive arrangements may be discharged only in accordance with section 12, 13 or 14 (as the case may be).
 
      (5) Any reference in this section to functions includes functions conferred after the passing of this Act.
 
 
Provisions with respect to executive arrangements
Responsibility for executive functions in case of s. 10(2) executive.     12. - (1) This section makes provision in relation to the way in which, under executive arrangements, a local authority executive which takes the form specified in section 10(2) is to be responsible for the executive functions.
 
      (2) The executive arrangements must include provision which enables the elected mayor-
 
 
    (a) to discharge any of the executive functions, and
 
    (b) to arrange for the discharge of any of the executive functions-
 
      (i) by the executive,
 
      (ii) by another single member of the executive,
 
      (iii) by a committee of the executive, or
 
      (iv) by an officer of the authority.
      (3) Where by virtue of this section any executive functions may be discharged by a local authority executive, then, unless the elected mayor otherwise directs, the executive may arrange for the discharge of any of those functions-
 
 
    (a) by a committee of the executive, or
 
    (b) by an officer of the authority.
      (4) Where by virtue of this section any executive functions may be discharged by a single member of a local authority executive, then, unless the elected mayor otherwise directs, the single member may arrange for the discharge of any of those functions by an officer of the authority.
 
      (5) Where by virtue of this section any executive functions may be discharged by a committee of a local authority executive, then, unless the elected mayor otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.
 
      (6) Any arrangements made by virtue of this section by an elected mayor, executive, single member or committee for the discharge of any executive functions by an executive, single member, committee or officer are not to prevent the elected mayor, executive, single member or committee by whom the arrangements are made from exercising those functions.
 
Responsibility for executive functions in case of s. 10(3) executive.     13. - (1) This section makes provision in relation to the way in which, under executive arrangements, a local authority executive which takes the form specified in section 10(3) is to be responsible for the executive functions.
 
      (2) The executive arrangements must include either the provision specified in subsection (3) or the provision specified in subsection (4).
 
      (3) The provision specified in this subsection is provision which enables the executive leader-
 
 
    (a) to discharge any of the executive functions, and
 
    (b) to arrange for the discharge of any of the executive functions-
 
      (i) by the executive,
 
      (ii) by another single member of the executive,
 
      (iii) by a committee of the executive, or
 
      (iv) by an officer of the authority.
      (4) The provision specified in this subsection is provision which requires each of the executive functions to be discharged by any of the following-
 
 
    (a) the executive,
 
    (b) a single member of the executive,
 
    (c) a committee of the executive,
 
    (d) an officer of the authority.
      (5) Where by virtue of this section any executive functions may be, or are required to be, discharged by a local authority executive, the executive may arrange for the discharge of any of those functions-
 
 
    (a) by a committee of the executive, or
 
    (b) by an officer of the authority.
      (6) Where by virtue of this section any executive functions may be, or are required to be, discharged by a single member of a local authority executive, the single member may arrange for the discharge of any of those functions by an officer of the authority.
 
      (7) Where by virtue of this section any executive functions may be, or are required to be, discharged by a committee of a local authority executive, the committee may arrange for the discharge of any of those functions by an officer of the authority.
 
      (8) Any arrangements made by virtue of this section by an executive leader, executive, single member or committee for the discharge of any executive functions by an executive, single member, committee or officer are not to prevent the executive leader, executive, single member or committee by whom the arrangements are made from exercising those functions.
 
      (9) The reference in subsections (4)(b) and (6) to a member of a local authority executive includes a reference to the executive leader.
 
Responsibility for executive functions in case of s. 10(4) executive.     14. - (1) This section makes provision in relation to the way in which, under executive arrangements, a local authority executive which takes the form specified in section 10(4) is to be responsible for the executive functions.
 
      (2) The executive arrangements must include provision which enables the executive-
 
 
    (a) to discharge any of the executive functions, and
 
    (b) to arrange for the discharge of any of the executive functions-
 
      (i) by the council manager, or
 
      (ii) by an officer of the authority.
      (3) Where by virtue of this section any executive functions may be discharged by the council manager of a local authority, the council manager may arrange for the discharge of any of those functions by an officer of the authority.
 
      (4) Any arrangements made by virtue of this section by an executive or council manager for the discharge of any executive functions by a council manager or officer are not to prevent the executive or council manager by whom the arrangements are made from exercising those functions.
 
 
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Prepared 26 November 1999