Local Government Bill [H.L.] - continued        House of Lords
PART II, ARRANGEMENTS WITH RESPECT TO EXECUTIVES - continued
Provisions with respect to executive arrangements - continued

back to previous text
 
Overview and scrutiny committees.     15. - (1) Executive arrangements by a local authority must include provision for the appointment of one or more ordinary committees of the authority (referred to in this Part as overview and scrutiny committees)-
 
 
    (a) to scrutinise the discharge of the executive functions, and
 
    (b) to make reports and recommendations to the authority or the executive-
 
      (i) on matters relating to the discharge of any functions of the authority, or
 
      (ii) on matters which affect the authority's area or their inhabitants.
      (2) An overview and scrutiny committee of a local authority may not include any member of the authority's executive.
 
      (3) An overview and scrutiny committee of a local authority-
 
 
    (a) may require members of the executive, and officers of the authority, to attend before it to answer questions, and
 
    (b) may invite other persons to attend meetings of the committee.
      (4) It is the duty of any member or officer mentioned in subsection (3)(a) to comply with any requirement so mentioned.
 
      (5) The Secretary of State may by regulations make provision as to the operation and functions of overview and scrutiny committees.
 
      (6) Executive arrangements by a local authority must include provision which complies with the provisions of any regulations under this section.
 
Further provision.     16. Schedule 1 (which makes further provision in relation to executive arrangements) has effect.
 
Absence of requirement for political balance.     17. Neither-
 
 
    (a) a local authority executive, nor
 
    (b) a committee of a local authority executive,
  is to be regarded as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
 
 
Procedure with respect to operation of executive arrangements
Proposals.     18. - (1) Every local authority must-
 
 
    (a) draw up proposals for the operation of executive arrangements, and
 
    (b) send a copy of the proposals to the Secretary of State.
      (2) In drawing up proposals under this section, a local authority must decide-
 
 
    (a) which form the executive is to take, and
 
    (b) which of the functions specified in regulations under section 11(1)(b) are to be the subject of the executive arrangements.
      (3) In drawing up proposals under this section, a local authority must take reasonable steps to consult local government electors, and other interested persons, in the authority's area.
 
      (4) Proposals under this section must include-
 
 
    (a) details of the executive arrangements (including details of the matters mentioned in subsection (2) and details of the operation and functions of overview and scrutiny committees under the arrangements),
 
    (b) a timetable with respect to the implementation of the proposals, and
 
    (c) details of any transitional arrangements which are necessary for the implementation of the proposals.
      (5) Where a local authority have complied with this section, the authority are to be under no further duty to comply with this section.
 
Referendum in case of proposals involving elected mayor.     19. - (1) Where a local authority's proposals under section 18 involve an executive which includes an elected mayor, the authority must hold a referendum on their proposals before taking any steps to implement them.
 
      (2) If the result of a referendum under subsection (1) is to approve a local authority's proposals, the authority must implement the proposals in accordance with the timetable included in the proposals.
 
      (3) If the result of a referendum under subsection (1) is to reject a local authority's proposals-
 
 
    (a) the authority may not implement those proposals, but
 
    (b) the authority may draw up proposals for the operation of executive arrangements which differ in any respect from the arrangements which are the subject of those proposals.
      (4) Subsections (1)(b) to (4) of section 18 are to apply to proposals under subsection (3)(b) above as they apply to proposals under subsection (1)(a) of that section.
 
      (5) Where a local authority's proposals under subsection (3)(b) involve an executive which includes an elected mayor, then, subject to complying with section 30(1), the authority must hold a referendum on their proposals before taking any steps to implement them.
 
      (6) If the result of a referendum under subsection (5) is to approve a local authority's proposals, the authority must implement the proposals in accordance with the timetable included in the proposals.
 
      (7) If the result of a referendum under subsection (5) is to reject a local authority's proposals-
 
 
    (a) the authority may not implement those proposals, but
 
    (b) subsections (3)(b) to (6) and this subsection are to apply to the authority.
Operation of, and publicity for, executive arrangements.     20. - (1) A resolution of a local authority is required in order for the authority to operate executive arrangements.
 
      (2) As soon as practicable after passing such a resolution a local authority must-
 
 
    (a) secure that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at all reasonable hours, and
 
    (b) publish in one or more newspapers circulating in their area a notice which-
 
      (i) states that they have resolved to operate the arrangements,
 
      (ii) states the date on which they are to begin operating the arrangements,
 
      (iii) describes the main features of the arrangements, and
 
      (iv) states that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at such times as may be specified in the notice.
      (3) A local authority which pass a resolution under this section may not at any subsequent time cease to operate executive arrangements.
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 26 November 1999