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

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  S C H E D U L E S
 
 

 
 
 
SCHEDULE 1
 
  EXECUTIVE ARRANGEMENTS: FURTHER PROVISION
 
Mayor and cabinet executives
     1. - (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and cabinet executive.
 
      (2) Subject to section 10(8), the executive arrangements must include provision which enables the elected mayor to determine the number of councillors who may be appointed to the executive under section 10(2)(b).
 
      (3) The executive arrangements must include provision which requires the elected mayor to appoint one of the members of the executive to be the deputy mayor of the executive.
 
      (4) Subject to sub-paragraph (5), the deputy mayor of the executive, unless he ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
 
      (5) The elected mayor may, if he thinks fit, remove the deputy mayor of the executive from office.
 
      (6) Where a vacancy occurs in the office of deputy mayor of the executive, the elected mayor must appoint another person in his place.
 
      (7) If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor of the executive must act in his place.
 
      (8) If for any reason-
 
 
    (a) the elected mayor is unable to act or the office of elected mayor is vacant, and
 
    (b) the deputy mayor of the executive is unable to act or the office of deputy mayor of the executive is vacant,
  the executive must act in the elected mayor's place or must arrange for a member of the executive or the authority to act in his place.
 
 
Leader and cabinet executives
     2. - (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a leader and cabinet executive.
 
      (2) Subject to section 10(8), the executive arrangements must include provision which either-
 
 
    (a) enables the authority to determine the number of councillors who may be appointed to the executive under section 10(3)(b), or
 
    (b) enables the executive leader to determine the number of councillors who may be so appointed.
 
Mayor and council manager executives
     3. - (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and council manager executive.
 
      (2) The executive arrangements must include provision which requires the elected mayor to appoint a member of the authority to be the deputy mayor of the executive.
 
      (3) The deputy mayor of the executive may not be-
 
 
    (a) the chairman or vice-chairman of the authority, nor
 
    (b) a member of an overview and scrutiny committee of the authority.
      (4) Subject to sub-paragraph (5), the deputy mayor of the executive, unless he ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
 
      (5) The elected mayor may, if he thinks fit, remove the deputy mayor of the executive from office.
 
      (6) Where a vacancy occurs in the office of deputy mayor of the executive, the elected mayor must appoint another person in his place.
 
      (7) If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor of the executive must act in his place.
 
      (8) If for any reason-
 
 
    (a) the elected mayor is unable to act or the office of elected mayor is vacant, and
 
    (b) the deputy mayor of the executive is unable to act or the office of deputy mayor of the executive is vacant,
  the council manager must act in the elected mayor's place.
 
      (9) Subject to sub-paragraph (10), the council manager-
 
 
    (a) is entitled to attend, and speak at, meetings of the authority or any committee or sub-committee of the authority, but
 
    (b) is not entitled to vote at such meetings.
      (10) The council manager is entitled to attend, and speak at, meetings of an overview and scrutiny committee or sub-committee of the authority only if invited or required to do so by the committee or sub-committee.
 
      (11) The council manager-
 
 
    (a) is to be regarded for the purposes of Part I of the Local Government and Housing Act 1989 as holding a politically restricted post under the authority,
 
    (b) may not also be the person who under section 151 of the Local Government Act 1972 has responsibility for the administration of the financial affairs of the authority, and
 
    (c) may not also be the person who is responsible for performing the duties of the authority's monitoring officer under section 5 of the Local Government and Housing Act 1989.
      (12) The executive arrangements may include provision for the appointment of one or more advisory committees to advise the executive.
 
      (13) The membership of any such advisory committee or committees need not be determined in accordance with the political balance requirements.
 
 
Procedure
     4. Executive arrangements by a local authority may include provision with respect to-
 
 
    (a) the appointment and terms of office of members of the executive,
 
    (b) the quorum, proceedings and location of meetings of the executive,
 
    (c) the appointment of committees of the executive, and
 
    (d) the quorum, proceedings and location of meetings of committees of the executive.
 
Mayor's assistant
     5. - (1) The Secretary of State may by regulations make provision for or in connection with the appointment of a person (an "assistant") to provide assistance to an elected mayor.
 
      (2) Regulations under this paragraph may include provision with respect to the terms and conditions of appointment of an assistant.
 
      (3) Nothing in sub-paragraph (2) affects the generality of the power under sub-paragraph (1).
 
      (4) In this paragraph "specified" means specified in regulations under this paragraph.
 
 
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Prepared 8 February 2000