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Local Government and Public Involvement in Health Bill


Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England

34

 

(3)   

An order under subsection (1) must relate to a single year and must be

made at least six months before—

(a)   

the local election day in that year, or

(b)   

if earlier, the date of the poll at the European Parliamentary

general election in that year.

5

(4)   

For this purpose “the local election day” in a particular year is—

(a)   

the first Thursday in May, or

(b)   

if an order has been made under section 37(1)(b) (power to

change date of council and Assembly elections) in relation to

that year, the day specified in the order.

10

(5)   

Before making an order under this section, the Welsh Ministers must

consult—

(a)   

the Electoral Commission, and

(b)   

such other persons as they consider appropriate.

(6)   

An order under subsection (1) may make incidental, supplementary or

15

consequential provision or savings.

(7)   

Where the Secretary of State makes an order under section 37A, the

Welsh Ministers may by order make such consequential provision in

relation to elections in Wales as they think fit.

(8)   

The powers under subsections (6) and (7) include power to make—

20

(a)   

different provision for different purposes;

(b)   

provision disapplying or modifying the application of an

enactment or an instrument made under an enactment.

(9)   

An order under this section must be made by statutory instrument.

(10)   

A statutory instrument containing an order made under this section

25

may not be made unless a draft of the instrument has been laid before

and approved by a resolution of the National Assembly for Wales.”

(3)   

In section 3 of the Greater London Authority Act 1999 (c. 29) (time of ordinary

elections), in subsection (3), after “section 37(2)” insert “or 37A”.

Chapter 3

30

Consequential amendments

61      

Consequential amendments

Schedule 2 (consequential amendments) has effect.

Part 3

Executive arrangements for England

35

62      

Executive arrangements for England

(1)   

Section 11 of the Local Government Act 2000 (c. 22) is amended in accordance

with this section.

 
 

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England

35

 

(2)   

For subsection (1) substitute—

“(1)   

The executive of a local authority must take a form specified in

subsections (2) to (5) that is applicable to the authority.”

(3)   

In subsection (2) for the words before paragraph (a) substitute—

“(2)   

In the case of any local authority in England or Wales, the executive

5

may consist of—”.

(4)   

After subsection (2) insert—

“(2A)   

In the case of any local authority in England, the executive may consist

of—

(a)   

a councillor of the authority (referred to in this Part as the

10

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 the executive leader.

   

Such an executive is referred to in this Part as a leader and cabinet

15

executive (England).”

(5)   

In subsection (3)—

(a)   

for the words before paragraph (a) substitute—

“(3)   

In the case of any local authority in Wales, the executive may

consist of—”;

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(b)   

in the words after paragraph (b)(ii), for “leader and cabinet executive”

substitute “leader and cabinet executive (Wales)”.

(6)   

In subsection (4) for the words before paragraph (a) substitute—

“(4)   

In the case of any local authority in Wales, the executive may consist

of—”.

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(7)   

In subsection (5) for “It” substitute “In the case of a local authority in England

or Wales, the executive”.

(8)   

In subsection (8) after “leader and cabinet executive” insert “or an elected

executive”.

(9)   

In subsection (9)—

30

(a)   

for “amend subsection (8) so as to provide for” substitute “specify”;

(b)   

for “that subsection” substitute “subsection (8)”;

(c)   

after “exercised” insert “in relation to Wales”.

(10)   

After subsection (9) insert—

“(9A)   

In this Part, a reference to a leader and cabinet executive is a reference

35

to either or both of the following, as appropriate in the context—

(a)   

a leader and cabinet executive (England);

(b)   

a leader and cabinet executive (Wales).”

(11)   

In subsection (10) for “subsection (3)(a)” substitute “subsection (2A)(a) or

(3)(a)”.

40

 
 

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England

36

 

63      

Discharge of functions

(1)   

The Local Government Act 2000 (c. 22) is amended as follows.

(2)   

For the title of section 14 substitute “Discharge of functions: general”.

(3)   

For section 14(1) substitute—

“(1)   

Subject to any provision made under section 18, 19 or 20, any functions

5

which, under executive arrangements, are the responsibility of—

(a)   

a mayor and cabinet executive,

(b)   

a leader and cabinet executive (England), or

(c)   

an elected executive,

   

are to be discharged in accordance with this section.”

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(4)   

In section 14(2) and (3) for “elected mayor” substitute “senior executive

member”.

(5)   

In section 14(4)—

(a)   

for “elected mayor” substitute “senior executive member”;

(b)   

for “that member” substitute “the member who may discharge the

15

function”.

(6)   

In section 14(5) for “elected mayor” substitute “senior executive member”.

(7)   

In section 14(6)—

(a)   

for “an elected mayor” substitute “a senior executive member”;

(b)   

for “the elected mayor” substitute “the senior executive member”.

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(8)   

After section 14(6) insert—

“(7)   

In this section “senior executive member” means—

(a)   

in the case of a mayor and cabinet executive: the elected mayor;

(b)   

in the case of a leader and cabinet executive (England): the

executive leader.”.

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(9)   

In section 15—

(a)   

for the title substitute “Discharge of functions: leader and cabinet

executive (Wales)”;

(b)   

in subsection (1) for “leader and cabinet executive” substitute “leader

and cabinet executive (Wales)”.

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64      

Changing governance arrangements

After section 33 of the Local Government Act 2000 insert—

“Changing governance arrangements: general provisions

33A     

Executive arrangements: different form of executive

A local authority in England which is operating executive

35

arrangements may—

(a)   

vary the arrangements so that they provide for a different form

of executive, and

(b)   

if it makes such a variation, vary the arrangements in such other

respects (if any) as it considers appropriate.

40

 
 

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England

37

 

33B     

Executive arrangements: other variation of arrangements

A local authority in England which is operating executive

arrangements may vary the arrangements so that they—

(a)   

differ from the existing arrangements in any respect, but

(b)   

still provide for the same form of executive.

5

33C     

Alternative arrangements: move to executive arrangements

A local authority in England which is operating alternative

arrangements may—

(a)   

cease to operate alternative arrangements, and

(b)   

start to operate executive arrangements.

10

33D     

Alternative arrangements: variation of arrangements

A local authority in England which is operating alternative

arrangements may vary the arrangements so that they differ from the

existing arrangements in any respect.

33E     

Proposals by local authority

15

(1)   

This section applies to a local authority which wishes to make a change

in governance arrangements.

(2)   

The local authority must draw up proposals for the change.

(3)   

The proposals must include—

(a)   

a timetable with respect to the implementation of the proposals,

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and

(b)   

details of any transitional arrangements which are necessary for

the implementation of the proposals.

(4)   

The following subsections apply if the proposed change is of the kind

set out in—

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(a)   

section 33A (different form of executive), or

(b)   

section 33C (move to executive arrangements).

(5)   

The proposals may provide for the change in governance arrangements

to be subject to approval in a referendum.

(6)   

Before drawing up its proposals, the local authority must take

30

reasonable steps to consult the local government electors for, and other

interested persons in, the authority’s area.

(7)   

In drawing up the proposals, the local authority must consider the

extent to which the proposals, if implemented, would be likely to assist

in securing continuous improvement in the way in which the local

35

authority’s functions are exercised, having regard to a combination of

economy, efficiency and effectiveness.

(8)   

After drawing up the proposals, the local authority must—

(a)   

secure that copies of a document setting out the proposals are

available at their principal office for inspection by members of

40

the public at all reasonable times, and

(b)   

publish in one or more newspapers circulating in its area a

notice which—

(i)   

states that the authority has drawn up the proposals,

 
 

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England

38

 

(ii)   

describes the main features of the proposals,

(iii)   

states that copies of a document setting out the

proposals are available at their principal office for

inspection by members of the public at such times as

may be specified in the notice, and

5

(iv)   

specifies the address of their principal office.

33F     

Resolution of local authority

(1)   

A resolution of a local authority is required in order for the authority to

make a change in governance arrangements.

(2)   

Section 29(2) applies to a resolution under this section as it applied to a

10

resolution to operate executive arrangements.

33G     

Implementation: new executive or move to executive arrangements

(1)   

This section applies if a local authority passes a resolution which makes

a change in governance arrangements of the kind set out in—

(a)   

section 33A (new form of executive), or

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(b)   

section 33C (move to executive arrangements).

(2)   

On the third day after the relevant elections, the local authority must—

(a)   

cease operating the old form of executive, or the alternative

arrangements, and

(b)   

start operating the form of executive which the change in

20

governance arrangements provides for.

(3)   

Subject to subsection (2), the local authority must implement the

change in governance arrangements in accordance with the timetable

in the proposals.

(4)   

In this section “relevant elections” means, if the change in governance

25

arrangements provides for the local authority to operate—

(a)   

a leader and cabinet executive (England): the appropriate

elections of councillors;

(b)   

a mayor and cabinet executive: the first election of the mayor;

(c)   

an elected executive: the first elections of the elected executive.

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(5)   

For the purposes of subsection (4)(a), the “appropriate elections of

councillors” are the elections determined in accordance with whichever

of the following paragraphs is applicable—

(a)   

if the local authority is currently operating—

(i)   

a mayor and cabinet executive, or

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(ii)   

an elected executive,

   

the “appropriate elections of councillors” are the ordinary

elections of councillors of the local authority held on the day on

which the next ordinary election of a mayor or elected executive

was expected to be held when the resolution to make the change

40

in governance arrangements was passed;

(b)   

if the local authority—

(i)   

is not currently operating a mayor and cabinet executive

or elected executive, and

 
 

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England

39

 

(ii)   

is required to pass the resolution to make the change in

governance arrangements during a permitted

resolution period,

   

the “appropriate elections of councillors” are the first ordinary

elections of councillors of the local authority to be held after the

5

end of the permitted resolution period in which the resolution

is passed;

(c)   

if the local authority—

(i)   

is not currently operating a mayor and cabinet executive

or elected executive, and

10

(ii)   

is not required to pass the resolution to make the change

in governance arrangements during a permitted

resolution period,

   

the “appropriate elections of councillors” are the first ordinary

elections of councillors of the local authority to be held after the

15

resolution is passed.

33H     

Implementation: other change in governance arrangements

(1)   

This section applies if a local authority passes a resolution which makes

a change in governance arrangements of the kind set out in—

(a)   

section 33B (variation of executive arrangements), or

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(b)   

section 33D (variation of alternative arrangements).

(2)   

The local authority must implement the change in governance

arrangements in accordance with the timetable in the proposals.

33I     

General

(1)   

Except as provided for in sections 33A to 33D or in regulations under

25

section 34, 35 or 36, a local authority which is operating executive

arrangements or alternative arrangements may not vary, or cease to

operate, those arrangements.

(2)   

In making a change in governance arrangements, the local authority

must comply with any directions given by the Secretary of State in

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connection with the making of such a change.

(3)   

Sections 33J to 33O contain further requirements which, in certain

cases, apply to proposals or resolutions.

Further requirements for certain changes

33J     

New form of executive or move to executive: general requirements

35

(1)   

This section applies to a change in governance arrangements of the

kind set out in—

(a)   

section 33A (new form of executive), or

(b)   

section 33C (move to executive arrangements).

(2)   

The proposals must state the extent to which the functions specified in

40

regulations under section 13(3)(b) are to be the responsibility of the

executive which will be operated if the proposals are implemented.

(3)   

The proposals (particularly any provision about timetables and

transitional matters included in accordance with section 33E(3)) must

 
 

Local Government and Public Involvement in Health Bill
Part 3 — Executive arrangements for England

40

 

be such as to ensure that the proposed change can take effect (so far as

required to) in accordance with section 33G(2).

33K     

Changes subject to approval in a referendum: additional requirements

(1)   

This section applies to a change in governance arrangements if—

(a)   

the change is of the kind set out in section 33A (new form of

5

executive) or section 33C (move to executive arrangements),

and

(b)   

the change is subject to approval in a referendum.

(2)   

The local authority must hold a referendum on its proposals before

taking any steps to implement them.

10

(3)   

The local authority may not pass a resolution which makes the

proposed change unless the result of the referendum is to approve the

proposals.

(4)   

Any such resolution must be passed within the period of 28 days

beginning with the day when the referendum is held.

15

(5)   

Any such resolution must be passed at a meeting which is specially

convened for the purpose of deciding the resolution with notice of the

object.

(6)   

If the result of the referendum is not to approve the proposals, the local

authority must publish in one or more newspapers circulating it its area

20

a notice which—

(a)   

summarises the proposals,

(b)   

states that the referendum did not approve the proposals,

(c)   

summarises the authority’s existing executive arrangements,

and

25

(d)   

states that the authority will be continuing to operate those

arrangements.

33L     

Change not subject to approval in a referendum: additional

requirements

(1)   

This section applies to a change of governance arrangements if—

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(a)   

the change is of the kind set out in section 33A (new form of

executive) or section 33C (move to executive arrangements),

and

(b)   

the change is not subject to approval in a referendum.

(2)   

Any resolution to make the change in governance arrangements must

35

be passed during a permitted resolution period.

(3)   

Subsection (4) applies if—

(a)   

the local authority is operating a mayor and cabinet executive or

an elected executive, and

(b)   

the proposed new form of executive is a leader and cabinet

40

executive (England).

(4)   

In such a case—

(a)   

the consultation required by section 33E(6) must last for at least

12 weeks; and

 
 

 
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