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.
 
 
Overview and scrutiny committees: education functions
     6. - (1) In this paragraph "relevant English authority" means a local authority in England which is a local education authority.
 
      (2) This paragraph applies to an overview and scrutiny committee of a relevant English authority if the committee's functions under section 19 relate wholly or partly to any education functions which are the responsibility of the authority's executive.
 
      (3) This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant English authority if the sub-committee's functions under section 19 relate wholly or partly to any education functions which are the responsibility of the authority's executive.
 
      (4) An overview and scrutiny committee or sub-committee to which this paragraph applies must include-
 
 
    (a) one or more persons appointed as representatives of the persons who appoint foundation governors for Church of England schools in the area of the authority concerned, and
 
    (b) one or more persons appointed as representatives of the persons who appoint foundation governors for Roman Catholic Church schools in the area of the authority concerned.
      (5) A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (4) is to be entitled to vote at a meeting of the committee or sub-committee on any question-
 
 
    (a) which relates to any education functions which are the responsibility of the authority concerned's executive, and
 
    (b) which falls to be decided at the meeting.
      (6) The Secretary of State may by directions to a relevant English authority require any of the authority's overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for such of the foundation or voluntary schools in the authority's area which are not Church of England schools or Roman Catholic Church schools as may be specified in the directions.
 
      (7) Directions under sub-paragraph (6) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
 
     7. - (1) In this paragraph "relevant Welsh authority" means a local authority in Wales which is a local education authority.
 
      (2) This paragraph applies to an overview and scrutiny committee of a relevant Welsh authority if the committee's functions under section 19 relate wholly or partly to any education functions which are the responsibility of the authority's executive.
 
      (3) This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant Welsh authority if the sub-committee's functions under section 19 relate wholly or partly to any education functions which are the responsibility of the authority's executive.
 
      (4) An overview and scrutiny committee or sub-committee to which this paragraph applies must include one or more persons appointed as representatives of the persons who appoint foundation governors for the foundation or voluntary schools in the authority concerned's area which are specified in directions made by the National Assembly for Wales as schools which have a character connected with a particular religion, or particular religious denomination, specified in the directions.
 
      (5) Sub-paragraph (4) does not apply if there are no foundation or voluntary schools in the authority concerned's area which are specified in directions under that sub-paragraph.
 
      (6) A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (4) is to be entitled to vote at a meeting of the committee or sub-committee on any question-
 
 
    (a) which relates to any education functions which are the responsibility of the authority concerned's executive, and
 
    (b) which falls to be decided at the meeting.
      (7) The National Assembly for Wales may by directions to a relevant Welsh authority require any of the authority's overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for such of the foundation or voluntary schools in the authority's area which are not specified in directions under sub-paragraph (4) as may be specified in directions under this sub-paragraph.
 
      (8) Directions under sub-paragraph (7) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
 
     8. - (1) In this paragraph "relevant authority" means a local authority which is a local education authority.
 
      (2) This paragraph applies to an overview and scrutiny committee of a relevant authority if the committee's functions under section 19 relate wholly or partly to any education functions which are the responsibility of the authority's executive.
 
      (3) This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant authority if the sub-committee's functions under section 19 relate wholly or partly to any education functions which are the responsibility of the authority's executive.
 
      (4) The Secretary of State may by regulations require an overview and scrutiny committee or sub-committee to which this paragraph applies to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools in the area of the relevant authority concerned.
 
      (5) Regulations under this paragraph may make provision for-
 
 
    (a) the number of persons who are to be elected in the case of any relevant authority,
 
    (b) the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election,
 
    (c) the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected,
 
    (d) the term of office of persons so elected and their voting rights,
 
    (e) the application to any such committee or sub-committee, with or without any modification, of any enactment relating to committees or (as the case may be) sub-committees of a local authority,
 
    (f) such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.
      (6) Regulations under this paragraph may also make provision-
 
 
    (a) enabling the Secretary of State to determine, where he considers it expedient to do so in view of the small number of maintained schools in the area of a relevant authority, that the requirement imposed on the committee or sub-committee by virtue of sub-paragraph (4) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools,
 
    (b) for any regulations under this paragraph to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.
     9. Expressions used in paragraphs 6 to 8 and the School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act.
 
 
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