Office of Public Sector Information
PART II continued
(7) Regulations under subsection (6) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.
(8) The Secretary of State may by regulations make provision—
(a) with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),
(b) for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,
(c) for or in connection with requiring written records falling within paragraph (b) to include reasons,
(d) for or in connection with requiring any such written records to be made available to members of the public,
(e) for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.
(9) The Secretary of State may by regulations make provision—
(a) as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be open to the public,
(b) as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be held in private,
(c) with respect to the information which is to be included in written records kept by virtue of this section,
(d) with respect to the reasons which are to be included in any such written records,
(e) with respect to the persons who are to produce, keep or make available any such written records,
(f) for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
(g) for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
(h) for or in connection with requiring information to be made available by electronic means,
(i) for or in connection with conferring rights on members of the public, members of local authorities or overview and scrutiny committees or sub-committees in relation to records or documents,
(j) for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section.
(10) The Secretary of State may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public or members of the authority.
(11) The provision which may be made under subsection (10) includes provision—
(a) requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,
(b) as to the way or form in which prescribed information is to be made available.
(12) The Secretary of State may by regulations make provision which, in relation to meetings of—
(a) local authority executives or committees of such executives, or
(b) joint committees, or sub-committees of such committees, falling within subsection (8)(a),
applies or reproduces (with or without modifications) any provisions of Part VA of the [1972 c. 70.] Local Government Act 1972.
(13) In this section—
“joint committee” means a joint committee falling within section 101(5)(a) of the [1972 c. 70.] Local Government Act 1972,
“prescribed” means prescribed by regulations made by the Secretary of State.
Schedule 1 (which makes further provision in relation to executive arrangements) has effect.
Neither—
(a) a local authority executive, nor
(b) a committee of a local authority executive,
is to be regarded as a body to which section 15 of the [1989 c. 42.] Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
(1) Subject to section 31, every local authority must—
(a) draw up proposals for the operation of executive arrangements, and
(b) send a copy of the proposals to the Secretary of State.
(2) Before drawing up proposals under this section, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
(3) In drawing up proposals under this section, a local authority must decide—
(a) which form the executive is to take, and
(b) the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive.
(4) In drawing up proposals under this section, a local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
(5) A local authority must comply with any directions given by the Secretary of State for the purposes of this section.
(6) Proposals under this section must include—
(a) such details of the executive arrangements as the Secretary of State may direct,
(b) a timetable with respect to the implementation of the proposals, and
(c) details of any transitional arrangements which are necessary for the implementation of the proposals.
(7) A copy of proposals under this section which is sent to the Secretary of State must be accompanied by a statement which describes—
(a) the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, and
(b) the outcome of that consultation and the extent to which that outcome is reflected in the proposals.
(8) The Secretary of State may by order specify a date by which every local authority, or every local authority falling within any description of authority specified in the order, must comply with this section.
(1) Where a local authority’s proposals under section 25 do not involve a form of executive for which a referendum is required, the authority must implement the proposals in accordance with the timetable included in the proposals.
(2) Any reference in this Part to a form of executive for which a referendum is required is a reference to—
(a) a mayor and cabinet executive,
(b) a mayor and council manager executive, or
(c) a form of executive prescribed in regulations under section 11(5) which is expressed in those regulations to be a form of executive for which a referendum is required.
(1) Where a local authority’s proposals under section 25 involve a form of executive for which a referendum is required, the authority—
(a) must hold a referendum on their proposals before taking any steps to implement them, and
(b) must draw up and send to the Secretary of State an outline of the fall-back proposals (referred to in this section as outline fall-back proposals) that they intend to implement if the proposals under section 25 are rejected in a referendum.
(2) Fall-back proposals are proposals—
(a) for the operation of executive arrangements which do not involve a form of executive for which a referendum is required, or
(b) for the operation of alternative arrangements of a particular type permitted by regulations under section 32.
(3) For the purpose of drawing up outline fall-back proposals, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
(4) Outline fall-back proposals must include a timetable with respect to the implementation of detailed fall-back proposals which are based on the outline fall-back proposals in the event that the proposals under section 25 are rejected in a referendum.
(5) A local authority must send a copy of their outline fall-back proposals to the Secretary of State at the same time that a copy of the proposals under section 25 is sent to him.
(6) A local authority may not hold a referendum under this section before the end of the period of two months beginning with the date on which a copy of the proposals under section 25 is sent to the Secretary of State.
(7) If the result of a referendum under subsection (1) is to approve a local authority’s proposals under section 25, the authority must implement the proposals in accordance with the timetable included in the proposals.
(8) If the result of a referendum under subsection (1) is to reject a local authority’s proposals under section 25, the authority—
(a) may not implement those proposals,
(b) must draw up detailed fall-back proposals which are based on the outline fall-back proposals, and
(c) must send a copy of the detailed fall-back proposals to the Secretary of State.
(9) In drawing up outline fall-back proposals or detailed fall-back proposals under this section, a local authority must comply with any directions given by the Secretary of State.
(10) Outline fall-back proposals and detailed fall-back proposals must include such details of the executive arrangements or alternative arrangements to which they relate as the Secretary of State may direct.
(11) Subsections (2), (3)(b), (4) and (6)(c) of section 25 are to apply to detailed fall-back proposals involving executive arrangements as they apply to proposals under that section.
(12) Subsections (2), (4) and (6)(c) of that section are to apply to detailed fall-back proposals involving alternative arrangements as they apply to proposals under that section.
(13) A local authority must implement detailed fall-back proposals in accordance with the timetable mentioned in subsection (4).
(1) A local authority may apply to the Secretary of State for the approval of outline fall-back proposals involving fall-back proposals which are not permitted by or under this Part but which would be so permitted if the necessary regulations were made under section 11(5) or 32 (as the case may be).
(2) The form and content of an application under subsection (1) must comply with any directions given by the Secretary of State.
(3) Where the Secretary of State approves a local authority’s proposals under subsection (1)—
(a) the authority may use those proposals as their outline fall-back proposals for the purposes of section 27, and
(b) the timetable referred to in section 27(13) shall be extended to the extent that there is any delay in making the necessary regulations under section 11(5) or 32 (as the case may be).
(1) A resolution of a local authority is required in order for the authority to operate executive arrangements.
(2) As soon as practicable after passing such a resolution a local authority must—
(a) secure that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at all reasonable hours, and
(b) publish in one or more newspapers circulating in their area a notice which—
(i) states that they have resolved to operate the arrangements,
(ii) states the date on which they are to begin operating the arrangements,
(iii) describes the main features of the arrangements,
(iv) states that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and
(v) specifies the address of their principal office.
(3) A local authority which pass a resolution under this section may not at any subsequent time cease to operate executive arrangements unless, by virtue of any provision made under section 33(5), the authority operate alternative arrangements in place of the executive arrangements.
(1) The Secretary of State may by regulations make provision for or in connection with the operation by a local authority which are operating executive arrangements (“the existing arrangements”) of executive arrangements (“the different arrangements”) which differ from the existing arrangements in any respect.
(2) The provision which may be made by virtue of subsection (1) includes provision—
(a) which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27, 28 or 29,
(b) for or in connection with requiring the consent of an elected mayor under the existing arrangements to the operation of the different arrangements,
(c) with respect to changes to the existing arrangements as a result of changes to the functions which are the responsibility of an executive.
(3) Nothing in subsection (2) affects the generality of the power under subsection (1).
(1) This section applies to—
(a) any local authority which falls within subsection (2), and
(b) any local authority which falls within any description of local authority specified in regulations made by the Secretary of State under this section.
(2) A local authority falls within this subsection if—
(a) it is the council for a district comprised in an area for which there is a county council, and
(b) the resident population of the authority’s area on 30th June 1999 was less than 85,000.
(3) For the purposes of subsection (2)(b) the resident population of any area on 30th June 1999 is to be taken to be the Registrar General’s estimate of that population on that date.
(4) A local authority to which this section applies must either—
(a) draw up proposals for the operation of alternative arrangements of a particular type permitted by regulations under section 32, or
(b) draw up proposals under section 25.
(5) In deciding whether to draw up proposals under this section or proposals under section 25, a local authority to which this section applies must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
(6) In drawing up proposals under this section, a local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
(7) A local authority which draw up proposals under this section must comply with such requirements as may be specified in regulations made by the Secretary of State under this section.
(8) The provision which may be made by virtue of subsection (7) includes provision which applies or reproduces (with or without modifications) any provisions of section 25 or 26.
(9) Nothing in subsection (8) affects the generality of the power under subsection (7).
(1) The Secretary of State may by regulations specify arrangements by a local authority with respect to the discharge of their functions (referred to in this Part as alternative arrangements) which are arrangements of a type—
(a) which do not involve the creation and operation of an executive of the authority,
(b) which include arrangements for the appointment of committees or sub-committees of the authority to review or scrutinise decisions made, or other action taken, in connection with the discharge of functions of the authority, and
(c) which the Secretary of State considers are likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way.
(2) The arrangements which may be specified by regulations under this section include—
(a) arrangements for the discharge of functions of a local authority by individual members of the authority or by individual members of any committee or sub-committee of the authority,
(b) arrangements for the appointment of committees or sub-committees of a local authority the membership of which is determined otherwise than in accordance with the political balance requirements.
(3) Regulations under this section may make provision with respect to committees or sub-committees falling within subsection (1)(b) (including provision which applies or reproduces (with or without modifications) any provisions of section 21 or paragraphs 7 to 11 of Schedule 1).
(4) Regulations under this section may make provision for the purpose of determining the functions of a local authority which may, may not or must be the subject of alternative arrangements of any particular type.
(5) Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
(1) A local authority may not operate alternative arrangements unless permitted or required to do so by virtue of any provision made by or under this Part.
(2) A resolution of a local authority is required in order for the authority to operate alternative arrangements.
(3) Subsection (2) of section 29 is to apply for the purposes of this section as it applies for the purposes of that section.
(4) A local authority which pass a resolution under this section to operate alternative arrangements may not at any subsequent time cease to operate those arrangements unless, by virtue of any provision made under subsection (9) or section 34, 35 or 36, the authority operate executive arrangements in place of those arrangements.
(5) The Secretary of State may by regulations make provision for or in connection with enabling a local authority to which section 31 applies which are operating executive arrangements to operate alternative arrangements in place of the executive arrangements.
(6) The provision which may be made by virtue of subsection (5) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27 or 28.
(7) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating alternative arrangements to operate alternative arrangements which differ from the existing alternative arrangements in any respect.
(8) The provision which may be made by virtue of subsection (7) includes provision which applies or reproduces (with or without modifications) any provisions of section 25 or 26.
(9) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating alternative arrangements to operate executive arrangements in place of the alternative arrangements.
(10) The provision which may be made by virtue of subsection (9) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27, 28 or 29.
(11) Nothing in subsection (6), (8) or (10) affects the generality of the power under subsection (5), (7) or (9) (as the case may be).
(1) The Secretary of State may by regulations make provision for or in connection with requiring a local authority which receive a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should operate executive arrangements involving a form of executive for which a referendum is required.
(2) The provision which may be made by regulations under subsection (1) includes provision—
(a) as to the form and content of petitions (including provision for petitions in electronic form),
(b) as to the minimum number of local government electors for a local authority’s area who must support any petition presented to the authority during any period specified in the regulations,
(c) for or in connection with requiring an officer of a local authority to publish the number of local government electors for the authority’s area who must support any petition presented to the authority,
(d) as to the way in which local government electors for a local authority’s area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),
(e) as to the action which may, may not or must be taken by a local authority in connection with any petition,
(f) as to the manner in which a petition is to be presented to a local authority,
(g) as to the verification of any petition,
(h) as to the date on which, or the time by which, a referendum must be held,
(i) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
(j) as to the action which may, may not or must be taken by a local authority after a referendum, and
(k) 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 25, 27, 28, 29 or 33.
(4) The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent. of the number of local government electors at each of those times.
(5) Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
(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 such form permitted by or under section 11 as may be specified in the direction.
(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 25, 27, 28, 29 or 33.
(4) Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
(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 11 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 section 25, 27, 28, 29 or 33.
(4) Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
(1) A local authority which are operating executive arrangements or alternative arrangements must prepare and keep up to date a document (referred to in this section as their constitution) which contains—
(a) such information 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 51, 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.
(3) A local authority must supply a copy of their constitution to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.
(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.
(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) An elected mayor of a local authority in England is to be entitled to the style of “mayor”.
(3) An elected mayor of a local authority in Wales is to be entitled to the style of “mayor” or “maer”.
(4) In this Part “elected executive member” means an individual elected as a member of a local authority executive by the local government electors for the authority’s area in accordance with the provisions made by or under this Part, but does not include an elected mayor.
(5) An elected mayor of a local authority is to be treated as a member or councillor of the authority for the purposes of such enactments (whenever passed or made) as may be specified in regulations made by the Secretary of State under this subsection.
(6) Subject to regulations under section 41, the term of office of an elected mayor or elected executive member is to be four years.
(1) If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy shall arise in the office of councillor.
(2) If the person who is returned at an election (“the mayoral election”) as the elected mayor of a local authority—
(a) is a councillor of the authority, and
(b) was returned as such a councillor at an election held at an earlier time than the mayoral election,
a vacancy shall arise in the office of councillor.
(3) Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority.
(4) A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if he is a candidate in both such elections and he is returned both as the elected mayor and as a councillor.
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 or elected executive members may or must take place,
(b) as to the intervals between elections for the return of elected mayors or elected executive members,
(c) as to the term of office of elected mayors or elected executive members, and
(d) as to the filling of vacancies in the office of elected mayor or elected executive member.
(1) Each person entitled to vote as an elector at an election for the return of an elected mayor is to have the following vote or votes—
(a) one vote (referred to in this Part as a first preference vote) which may be given for the voter’s first preference from among the candidates to be the elected mayor, and
(b) if there are three or more candidates to be the elected mayor, one vote (referred to in this Part as a second preference vote) which may be given for the voter’s second preference from among those candidates.
(2) The elected mayor is to be returned under the simple majority system, unless there are three or more candidates.
(3) If there are three or more candidates to be the elected mayor, the elected mayor is to be returned under the supplementary vote system in accordance with Schedule 2.
Local Government Act 2000