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. - (1) In this Part "executive arrangements" means arrangements by a local authority-
 
 
    (a) for and in connection with the creation and operation of an executive of the authority, and
 
    (b) under which certain functions of the authority are the responsibility of the executive.
      (2) Executive arrangements by a local authority must conform with any provisions made by or under this Part which relate to such arrangements.
 
 
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.
  Such an executive is referred to in this Part as a mayor and cabinet executive.
 
      (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.
  Such an executive is referred to in this Part as a leader and cabinet executive.
 
      (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.
  Such an executive is referred to in this Part as a mayor and council manager executive.
 
      (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 mayor and cabinet executive or a leader and cabinet executive 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.
 
      (10) Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under subsection (3)(a) or appointing councillors or an officer to the executive under subsection (3)(b)(ii) or (4)(b).
 
 
Executive functions
Functions which are the responsibility of an executive.     11. - (1) This section has effect for the purposes of determining the functions of a local authority which are the responsibility of an executive of the authority under executive arrangements.
 
      (2) The Secretary of State may by regulations make provision for any function of a local authority specified in the regulations-
 
 
    (a) to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,
 
    (b) to be a function which may be the responsibility of such an executive under such arrangements, or
 
    (c) to be a function which-
 
      (i) to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and
 
      (ii) to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.
      (3) Any functions of a local authority which are not specified in regulations under subsection (2) are to be the responsibility of an executive of the authority under executive arrangements.
 
      (4) Executive arrangements may make provision for any function of a local authority falling within subsection (2)(b)-
 
 
    (a) to be a function which is to be the responsibility of an executive of the authority, or
 
    (b) to be a function which-
 
      (i) to the extent provided by the arrangements is to be the responsibility of such an executive, and
 
      (ii) to the extent provided by the arrangements is not to be the responsibility of such an executive.
      (5) The power under subsection (2)(c) or (4)(b) includes power in relation to any function of a local authority-
 
 
    (a) to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and
 
    (b) to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.
      (6) The Secretary of State may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.
 
      (7) A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the Local Government Act 1972, or any provision of that section, does not apply to that function.
 
      (8) Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of this section, the responsibility of the executive under such arrangements.
 
      (9) Any function which is the responsibility of an executive of a local authority under executive arrangements-
 
 
    (a) is to be regarded as exercisable by the executive on behalf of the authority, and
 
    (b) is to be discharged in accordance with any provisions made by or under this Part which relate to the discharge of any such function.
      (10) Any function which is the responsibility of an executive of a local authority under executive arrangements-
 
 
    (a) may not be discharged by the authority,
 
    (b) is not to be a function to which section 101(1) of the Local Government Act 1972 applies, and
 
    (c) may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 18.
      (11) Subject to any provision made under subsection (12), any function which, under executive arrangements, is not the responsibility of an executive of a local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.
 
      (12) The Secretary of State may by regulations make provision with respect to the discharge of any function which, under executive arrangements, is not the responsibility of an executive of a local authority (including provision disapplying section 101 of the Local Government Act 1972 or any provision of that section).
 
      (13) In this section-
 
 
    "action" in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving-
 
      (a) the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
 
      (b) the doing of anything incidental or conducive to the discharge of the function, or
 
      (c) the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b),
 
    "function" means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.
 
Provisions with respect to executive arrangements
Discharge of functions: mayor and cabinet executive.     12. - (1) Subject to any provision made under section 16, 17 or 18, any functions which, under executive arrangements, are the responsibility of a mayor and cabinet executive are to be discharged in accordance with this section.
 
      (2) The elected mayor-
 
 
    (a) may discharge any of those functions, or
 
    (b) may arrange for the discharge of any of those functions-
 
      (i) by the executive,
 
      (ii) by another 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 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 functions may be discharged by a member of a local authority executive, then, unless the elected mayor otherwise directs, that 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 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, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the elected mayor, executive, member or committee by whom the arrangements are made from exercising those functions.
 
 
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