Local Government Bill [H.L.] - continued        House of Lords
PART II, ARRANGEMENTS WITH RESPECT TO EXECUTIVES - continued
Referendums - continued

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Power of Secretary of State to require referendum.     31. - (1) The Secretary of State may by regulations make provision for or in connection with enabling him, in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether they should operate executive arrangements involving an executive which takes a particular form permitted by or under section 10.
 
      (2) The provision which may be made by regulations under this section includes provision-
 
 
    (a) as to the date on which, or the time by which, a referendum must be held,
 
    (b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
 
    (c) as to the action which may, may not or must be taken by a local authority after a referendum, and
 
    (d) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
      (3) The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 23, 25, 26 or 29.
 
      (4) Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
 
Power to require referendum.     32. - (1) The Secretary of State may by order make provision requiring every local authority, or every local authority falling within any description of authority specified in the order, to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 10 as may be specified in the order.
 
      (2) The provision which may be made by an order under this section includes provision-
 
 
    (a) as to the date on which, or the time by which, a referendum must be held,
 
    (b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
 
    (c) as to the action which may, may not or must be taken by a local authority after a referendum,
 
    (d) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
      (3) The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of sections 23, 25, 26 or 29.
 
      (4) Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
 
 
Local authority constitution
Information with respect to discharge of functions etc.     33. - (1) A local authority which are operating executive arrangements must prepare and keep up to date a document (referred to in this section as their constitution) which contains-
 
 
    (a) such information with respect to the discharge of their functions (including functions which are the responsibility of the executive) as the Secretary of State may direct,
 
    (b) a copy of the authority's standing orders for the time being,
 
    (c) a copy of the authority's code of conduct for the time being under section 46, and
 
    (d) such other information (if any) as the authority consider appropriate.
      (2) A local authority must ensure that copies of their constitution are available at their principal office for inspection by members of the public at all reasonable hours.
 
 
Guidance
Guidance.     34. - (1) A local authority must have regard to any guidance for the time being issued by the Secretary of State for the purposes of this Part.
 
      (2) Guidance under this section may make different provision for different cases or descriptions of local authority.
 
 
Elected mayors
Elected mayors.     35. - (1) In this Part "elected mayor", in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority's area in accordance with the provisions made by or under this Part.
 
      (2) Except to the extent that regulations made by the Secretary of State under this section otherwise provide, an elected mayor of a local authority is to be treated for the purposes of the enactments relating to local government as a member and councillor of the authority.
 
      (3) Subject to regulations under section 36, the term of office of an elected mayor is to be four years.
 
Time of elections etc.     36. - (1) The Secretary of State may by regulations make provision-
 
 
    (a) as to the dates on which and years in which elections for the return of elected mayors may or must take place,
 
    (b) as to the intervals between elections for the return of elected mayors,
 
    (c) as to the term of office of elected mayors, and
 
    (d) as to the filling of vacancies in the office of elected mayor.
      (2) Executive arrangements by a local authority must include provision which complies with the provisions of any regulations under this section.
 
 
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