Office of Public Sector Information
107.Subsections (1) and (2) provide that any disposal made in the absence of consent in contravention of section 24 will be void. Any contract similarly entered into without consent will not be enforceable against the successor authority.
108.Subsection (3) defines a “successor” authority as an authority which is established by order under section 7 or 10 and whose area covers whole or part of the area of an old authority.
109.Subsection (4) provides that a contract entered into in contravention of a direction under section 24 will not be a certified contract for the purpose of the Local Government (Contracts) Act 1997. This means that the contractor will not be afforded the protection provided by that Act, that is, the contract will be open to a challenge in private law and there will not be terms which survive any setting aside of the main contract.
110.Subsections (5) and (6) provide that if an authority applies reserves to reduce its budget requirement for council tax purposes without consent, the authority will be treated as though it has not made its council tax calculations as required by the Local Government Finance Act 1992 and accordingly will not be able to collect council tax.
111.This section allows the Secretary of State to amend the amounts identified in section 24(1) and to amend the date specified in section 27(1) and (3) so that he will be able to make appropriate directions in the future, after the first wave of restructuring.
112.Part 2 of the Act enables district councils in England in some circumstances to change their scheme for elections where they wish to do so.
113.It requires the Electoral Commission and Boundary Committee in exercising their functions under section 13 of the Local Government Act 1992 to consider whether the number of councillors in a ward of a council which is subject to a scheme for partial-council elections is appropriate. It allows the Boundary Committee to obtain information from local authorities in connection with the discharge of its functions.
114.It also allows a principal council operating whole council elections to make a request to the Electoral Commission in connection with the provision of single-member electoral areas. It allows local authorities to change the names of their electoral areas. It removes the requirement for the number of councillors in a metropolitan district ward to be divisible by 3. Finally, the Secretary of State is given power to make an order that ensures local government elections take place on the same day as European parliamentary general elections in those years where the two elections are scheduled to take place.
115.Section 31 sets out the schemes for elections that a district council may resolve to be subject to.
116.This section enables a district council that is subject to a scheme for elections by halves or elections by thirds to resolve to be subject instead to a scheme for whole-council elections.
117.Section 33 sets out the requirements for passing a resolution for whole-council elections. The resolution can only be passed during a specified period. This period differs according to whether the council is a metropolitan district council or a non-metropolitan one. The resolution must be passed by a majority of at least two-thirds of members voting at a specially convened meeting of which notice of the object has been given. Section 33(7) enables the Secretary of State to extend the period during which the decision must be taken.
118.This section is concerned with how a scheme for whole-council elections will operate. It requires ordinary elections to be held in particular years. For metropolitan district councils, these are 2010 and every four years after. For non-metropolitan district councils, the years are 2011 and every four years after. This follows the pattern that has been established for non-metropolitan district councils that are already subject to a scheme for whole-council elections. No metropolitan district councils are currently subject to whole council elections.
119.As soon as possible after the resolution to move to a scheme for whole-council elections has been passed, the council must publicise the fact that it has become subject to the new scheme and produce an explanatory document. It must also notify the Electoral Commission of the resolution.
120.This section enables a non-metropolitan district council that is operating whole-council elections but has, at some point since 1 April 1974, previously operated elections by halves to resolve to return to elections by halves.
121.Section 38 requires a resolution for elections by halves to be passed during a specified period. The resolution must be passed by a majority of at least two-thirds of members voting at a specially convened meeting of which notice of the object has been given. Section 38(7) enables the Secretary of State to extend the period during which the decision must be taken.
122.This section enables a council that is operating whole-council elections but has, at some point since 1 April 1974, previously operated elections by thirds to resolve to return to elections by thirds.
123.Section 40 requires a resolution for elections by thirds to be passed during a specified period. This period differs according to whether the council is a metropolitan district council or a non-metropolitan one. The resolution must be passed by a majority of at least two-thirds of members voting at a specially convened meeting of which notice of the object has been given. Section 40(7) enables the Secretary of State to extend the period during which the decision must be taken.
124.These sections are similar to the provisions made as to publicity for a resolution and notice to the Electoral Commission in sections 35 and 36 but are concerned with cases in which a council has resolved to become subject to a scheme for partial-council elections.
125.Section 43 places a duty on the Electoral Commission to consider whether or not an electoral review is necessary where a council has resolved to become subject to a scheme for partial-council elections. The Electoral Commission may decide a review is necessary where the number of councillors per ward is not the appropriate number of councillors as set out in section 13(5) of the Local Government Act 1992, which is amended by section 56 of this Act. If they decide that a review is necessary they can direct the Boundary Committee to conduct a review using their existing powers under section 13(3) of the Local Government Act 1992.
126.This section requires the Electoral Commission to make an order setting out details of what a council’s resolution to move to elections by halves or by thirds will mean in practice. Where the council is moving to elections by halves the order is called an “order for elections by halves”. Where the council is moving to elections by thirds the order is called an “order for elections by thirds”. Subsection (2) ensures that, if the council’s resolution has triggered an electoral review by the Boundary Committee, the Electoral Commission’s order does not pre-empt the Committee’s recommendations.
127.Section 45 requires an order for elections by halves to secure that elections are held in the years determined in accordance with the section. The first ordinary elections under the new scheme will be whole-council elections (see section 46(2)) which must be held in a relevant year; that year being 2011 and every fourth year afterwards. Subsequent ordinary elections must be held in a year for elections by halves, that year being 2012 and every second year afterwards. This follows the pattern that has been established for non-metropolitan district councils that are already subject to a scheme for elections by halves.
128.This section makes further provision about the detail that must be included in an order for elections by halves. In particular, it sets out what the order must say about when each of the councillors is to be elected, and when he or she is to retire. It provides (in subsection (2)) that the first ordinary elections under the new regime must be whole-council elections.
129.Section 47 requires an order for elections by thirds to secure that elections are held in the years specified in that section. The first ordinary elections under the new scheme will be whole-council elections which must be held in a relevant year; that year being, in relation to a metropolitan district council, 2014 and every fourth year afterwards and, in relation to a non-metropolitan district council, 2011 and every fourth year afterwards. Subsequent ordinary elections will be held in each subsequent year, unless it is a fallow year; a fallow year being 2013 and every fourth year afterwards. This follows the pattern that has been established for metropolitan district councils and non-metropolitan district councils respectively that are already subject to a scheme for elections by thirds.
130.This section makes further provision about the detail that must be included in an order for elections by thirds. In particular, it sets out what the order must say about when each of the councillors is to be elected, and when he or she is to retire. It provides (in subsection (2)) that the first ordinary elections under the new regime must be whole-council elections.
131.Section 49 allows the Electoral Commission to include in an order for partial-council elections provision about the transition to the council’s new scheme, including provision for some councillors to retire at times different from those otherwise applying and for identifying which of them are so to retire.
132.This section allows the Electoral Commission to make incidental, consequential, transitional or supplemental provision in connection with any order for partial-council elections.
133.This section is concerned with a case in which the Electoral Commission has directed the Boundary Committee to conduct a review (see section 43(2)) and in response to that request the Boundary Committee make recommendations for electoral changes. It ensures that the Electoral Commission is not required by the Act to include anything in the order for elections by halves or for elections by thirds that they deal with in an order made under existing powers in section 17 of the Local Government Act 1992.
134.As soon as possible after the Electoral Commission has made an partial-council elections order, the council must, in a manner it sees fit, publicise the fact that it is now subject to a new electoral scheme and produce an explanatory document.
135.Section 53 gives a council which has passed a resolution to change its scheme for elections, a power to make provision by order to change the ordinary year of elections of parish councillors. The power is given to enable a council to ensure that a person voting for a parish councillor will be able to vote, at the same time, for a district councillor.
136.This section repeals sections 7(4) to (6) of the Local Government Act 1972. Those provisions allow a non-metropolitan district council to request that the Secretary of State change its scheme for elections by order.
137.As a consequence of the repeal, section 54 contains saving provision. This is to ensure that the repeal does not apply to any request made under section 7(4) until the Secretary of State has either decided not to make an order giving effect to that request or has made such an order.
138.Section 54 also repeals the powers of the Secretary of State to provide by order a scheme for partial-council elections for a principal council in England under section 86 of the Local Government Act 2000 and, in relation to London borough councils only, under section 8(2) of the 1972 Act.
139.Subsection (6) preserves any orders made under the repealed provisions and they are therefore unaffected by the repeal.
140.This section provides for principal councils that hold whole-council elections, to request that the Electoral Commission directs the Boundary Committee for England to conduct an electoral review of their area with the aim of introducing single-member electoral areas. If the Electoral Commission decides not to direct a review the section requires the Electoral Commission to provide local authorities with reasons for this decision. Subsection (6) ensures that the Boundary Committee are not obliged to respond to a request by recommending that all wards become single-member wards if, having regard to the factors listed in section 13(5)(a) to (c) of the 1992 Act, they consider it would be inappropriate to do so.
141.This section amends section 13 of the Local Government Act 1992. It changes the matters which the Electoral Commission or the Boundary Committee will have regard to when conducting electoral reviews. The amendment will apply, not only to a case in which a council moves back to partial-council elections following a resolution passed by the council under this Chapter, but also to any case in which a council is operating partial-council elections.
142.Where the Boundary Committee conducts a review of such an authority it will need to balance the desirability of recommending an ‘appropriate’ number of councillors against those other matters within section 13(5) of the 1992 Act. The appropriate number of councillors will be a number of members divisible by two where there are elections by halves; and a number of members divisible by three where there are elections by thirds. However, the Boundary Committee will continue to have the flexibility to recommend a different number of councillors per ward if it considers this best reflects those other matters within section 13(5).
143.Section 57 amends section 13 of the Local Government Act 1992. It inserts a new subsection into section 13 which allows the Boundary Committee to request any additional information from an authority that it may require in relation to a review of electoral arrangements. The authority must provide the information if requested to do so by such date as the Boundary Committee may specify.
144.Section 57 also amends section 15 of the Local Government Act 1992. It modernises the procedure which the Boundary Committee follows when conducting electoral reviews. Section 15A of the 1992 Act is also repealed.
145.This section removes the requirement in the Local Government Act 1972 that the number of councillors returned for a ward in a metropolitan district be divisible by three. Instead, the number of councillors returned for such a ward can be whatever is provided by order by either the Electoral Commission following an electoral review or the Secretary of State when implementing a structural or boundary change under Part 1 of this Act. This will bring metropolitan district councils into line with all other types of council where there is no restriction on the number of councillors for a ward or division.
146.This section enables a county council, a district council or a London borough council to change the name of an electoral division or district/London borough ward, as the case may be, in its area by passing a resolution at a special meeting held for the purpose. The resolution must be passed by a majority of at least two-thirds of members voting at a specially convened meeting, where notice of the object of the meeting has been given.
147.Prior to passing the resolution the council must take such steps as it considers appropriate to consult with persons who might be interested. Following a resolution being passed the council must then inform certain bodies, including the Electoral Commission, of the change. The Electoral Commission’s power to amend the names of local authority electoral areas remains unaffected. It should be noted that if a change in the name of an electoral area is proposed within 5 years of a change made by the Electoral Commission, the local authority must first seek the approval of the Electoral Commission.
148.This section inserts new sections into the Representation of the People Act 1983 to enable the Secretary of State in England, and the Welsh Ministers in Wales, to combine local elections with European Parliamentary general elections in future years, when those elections fall in the same year.
149.New section 37A gives the Secretary of State the power to change local government and Greater London Authority election dates so that they are the same as the European Parliamentary general election date in a particular year. The power may be exercised in relation to one or more of the following types of election: (a) elections for county, district and London borough councils; (b) elections for parish councils; (c) Greater London Authority elections.
150.Before making an order using this power the Secretary of State must consult with the Electoral Commission, and any other persons or bodies he considers it appropriate to consult. An order cannot be made until a draft of the order has been approved by both Houses of Parliament. The order must be made six months in advance of the date of the local government or European parliamentary elections, whichever is the earliest.
151.New section 37B gives Welsh Ministers the same power to change local government election dates so that they are the same as the European Parliamentary general election date. The power may be exercised in relation to either or both of the following types of election: (a) elections for county and county borough councils; (b) elections for community councils.
152.Welsh Ministers must also consult with the Electoral Commission, and any other persons or bodies they consider it appropriate to consult. An order cannot be made until a draft of the order has been approved by the National Assembly for Wales. The order must also be made six months in advance of the date of the local government or European parliamentary elections, whichever is the earliest.
153.This section gives effect to Schedule 2, which contains amendments consequential on provision made in Part 2.
154.Part 2 of the Local Government Act 2000 put in place a new decision-making framework in which there is a separation of the decision-making and scrutiny roles of local authorities. It required the majority of local authorities to put in place executive arrangements involving the creation and operation of one of three different forms of executive. For certain small district councils, the option of alternative arrangements, not involving a separate executive, was made available.
155.Part 3 of, and schedule 4 to, this Act provide for the discontinuance of two of the forms of executive, the leader and cabinet executive and the mayor and council manager executive, provided for under the 2000 Act. It introduces a new-style leader and cabinet executive. It also provides the means for an authority to adopt governance arrangements which differ from its existing arrangements.
156.This section modifies the provisions in the Local Government Act 2000 in respect of the forms of executive which local authorities may operate.
157.It requires any council in England which operates executive arrangements to operate one of the following models:
Leader and cabinet executive (England);
Mayor and cabinet executive;
158.The key features of each executive model are as follows.
Leader and cabinet executive (England) – a councillor elected as leader for either a 4 year term, in the case of a local authority operating whole-council elections, or until his or her term of office as councillor expires, where the local authority instead operates elections by halves or thirds, and two or more councillors of the authority appointed to the executive by the executive leader;
Mayor and cabinet executive – a directly elected mayor who appoints two or more councillors to the executive.
159.The maximum number of members that an executive may have remains 10.
160.This section amends the provisions of the Local Government Act 2000 to provide for the leader in a leader and cabinet executive (England) to make arrangements for the discharge of functions in the same way as a mayor in a mayor and cabinet executive.
161.This section inserts new sections 33A to 33O into the Local Government Act 2000. The new provisions allow a local authority to change their executive arrangements, including the replacement of their existing form of executive with a different form of executive as permitted under section 11 of the Local Government Act 2000; or where they are operating alternative arrangements, to change their alternative arrangements, including the replacement of those arrangements with executive arrangements.
162.Sections 33A to 33I set out the general procedure to be followed by local authorities. These provisions require a local authority to draw up proposals for a change in governance arrangements and allow them to provide for the change to be subject to approval in a referendum where the proposed change is for the operation of a different form of executive or a move to executive arrangements. They require an authority to take reasonable steps to consult local government electors and other interested persons on the proposals and to pass a resolution to make the proposed change. They also make provision about the implementation of the change.
163.Sections 33J to 33N impose certain additional requirements in relation to proposals for a change to a new form of executive or to executive arrangements and proposals which are to be subject to a referendum.
164.Section 33O is an interpretation provision.
165.This section amends the provisions in section 34 of the Local Government Act 2000 to ensure the provisions in that Act, which provide the ability of local people to petition their local authority to hold referendum on a relevant form of executive, are updated to reflect the insertion into the 2000 Act of new sections 33A to 33O by section 64 of this Act.
166.This section amends section 39 of the Local Government Act 2000 as it applies to local authorities in England. It replaces subsection (5) with new subsections (5A), (5B) and (5C) which provide that reference in any enactment to a member or councillor of a local authority does not include the elected mayor of an authority that is operating executive arrangements involving a mayor and cabinet executive. This is unless:
the Secretary of State has provided in regulations that a mayor is to be treated as a member or councillor for the purposes of an enactment; or
provision to the contrary has been made in an enactment.
167.Section 66 also amends section 39 of the Local Government Act 2000 by inserting a new subsection (6), which provides for the elections of mayors in England to take place on the same day as council elections. The new subsections (7) and (8) re-enact the current subsection (6), so that the term of office of mayors in England and Wales remains four years.
168.This section inserts new sections 44A to 44H, into the Local Government Act 2000 with respect to the new style of leader and cabinet executive which replaces the previous such model in relation to England only.
169.The provision made for the election of the leader in a leader and cabinet executive (England) varies depending on whether the local authority holds whole-council elections or elections by halves or by thirds. In the case of the former, the leader is elected at the annual meeting following a whole-council election or at a subsequent meeting. In the case of the latter, the leader is elected at the relevant annual meeting. Thereafter, the leader is elected at the annual meeting held shortly after the day on which the previous leader would normally be required to retire as councillor.
170.New section 44C provides that the leader can be removed by the local authority if its executive arrangements so provide.
171.Generally, however, the leader remains in office until shortly after the date on which they would normally have retired as councillor and will continue to be a councillor during that period. The term of office of the leader will be four years where the local authority holds whole-council elections. Where the local authority holds elections by halves or thirds, the leader’s term of office will vary, depending on the length of the remainder of the leader’s term of office as councillor.
172.New section 44H provides powers for the Secretary of State to make regulations with regard to the term of office of executive leaders and the filling of casual vacancies in the office of the executive leader.
173.Section 68 allows the Secretary of State to make incidental or consequential provision for the purpose of changing election years and the terms of office of executive members.
174.This section amends section 45(1) of the Local Government Act 2000 to extend the period within which more than one referendum can be held in England from 5 years to 10 years. This provision applies to referendums held both before and after this section comes into force.
175.This section amends the definition of the “executive leader” in section 48 of the Local Government Act 2000. It also inserts a definition of the “ordinary day of election”.
176.Section 71 requires that local authorities operating alternative arrangements with a population of greater than 85,000 on 30 June 1999 to cease operating alternative arrangements and to start operating the leader and cabinet executive (England). It sets out the procedure that is to be followed by these authorities to make the required change. The councils concerned must operate the new leader and cabinet model no later than the day of their annual meeting in 2009.
177.Section 72 gives the Secretary of State a default power which allows her to specify by order executive arrangements providing for a leader and cabinet executive (England) where a council which is required to cease operating executive arrangements fails to resolve to move to the new leader and cabinet model. The new model must be operated no later than the day of the council’s annual meeting in 2009.
178.Section 73 makes clear that sections 33C, 33I(1) and 33P(5) either do not apply to councils which must cease to operate alternative arrangements or apply with modifications.
179.This section provides that Schedules 4 and 5 have effect.
180.Part 4 of, and Schedule 5 to, the Act devolve power from central government to local government and communities, enabling principal councils (London boroughs, district councils or county councils in unitary county areas) to put in place appropriate arrangements for the governance of their areas at community level. Local people are also able to initiate a review of community governance by petitioning their principal council.
181.Parish councils and parish meetings will be able to change the style by which they are known. In this part all references to parish meetings are those where there is no parish council for that parish. Eligible parish councils will also be given a power to promote the economic, social or environmental well-being of their area.
182.This section amends the Local Government Act 1972 by inserting new provisions and making other amendments to existing sections.
183.Section 11A provides that new groups of parishes which are created by order under section 11(1) of the Local Government Act 1972 must use the same alternative style. A grouping containing a mixture of styles will not be permitted. The new style will be reflected in the name of the council and its meetings and also in the titles of trustees, chairman, vice-chairman and councillors.
184.Section 11B requires a de-grouping order to provide for the style of a parish to be preserved when it is de-grouped.
185.Section 12A allows a parish council or a parish meeting to resolve have a style.
186.Section 12B allows a common parish council of an existing group of parishes to change the style of the group.
187.Section 17A sets out the alternative styles. A parish will continue to be able to have the status of a town although it may not also have an alternative style.
188.This section amends sections 15 and 16 of the Local Government Act 1972 to ensure chairman and vice-chairman of parish councils are chosen from among the elected councillors rather than those who have been appointed. The section also inserts a new section 16A into that Act.
189.Section 16A allows a parish council to appoint individuals to be councillors. The new section allows the Secretary of State to make provision in regulations about appointed councillors. It is expected that this power will be used to specify the kinds of individual who may be appointed as councillors - for example representatives of key community groups or young people. In exercising a function under or by virtue of this section, parish councils must have regard to any guidance issued by the Secretary of State about the exercise of that function.
190.This section adds an eligible parish council to the list of bodies in Part 1 of the Local Government Act 2000 which have the power to promote the economic, social or environmental well-being of their area. The Secretary of State has a power to prescribe by order the conditions which must be met by a parish council in order for it to be an eligible parish council for the purposes of this provision.
191.Under the Local Government Act 2000, councils which have the power of well-being are also required to produce community strategies, to which they must have regard when using that power. This section exempts eligible parish councils from the need to produce their own community strategies. Instead it requires them to have regard to the strategies of the relevant principal authorities when exercising the power of well-being.
192.This section defines a community governance review as a review of the whole or part of the area of a principal council for the purpose of making recommendations of the kind set out in sections 93 to 98. It requires the council to comply with the provisions in the Act relating to community governance reviews and with the terms of reference of the review.
193.In a two-tier area, a principal council must notify the county council that a community governance review is being conducted and of the terms of reference of the review including any modification of those terms.
194.This section provides for local government electors to petition their principal council to conduct a community governance review.
195.To be valid, a community governance petition must meet the conditions in section 82 (3) to (6) as far as they are applicable. These include conditions about the number of local government electors who must sign the petition, the area that petitioners wish to see considered as part of a review and the specifying of recommendations which the petitioners wish a community governance review to consider making.
196.This section allows for a principal council to determine the terms of reference under which a community governance review must be undertaken and requires the terms of reference to specify the area under review. A principal council must publicise the terms of reference.
197.This section gives a principal council the power to undertake a community governance review.
198.Section 83 is concerned with a case in which a principal council receives a valid community governance petition which relates to the whole or part of its area and, at the time the petition is received, the council is not carrying out a community governance review. In such a case, the council must undertake a review that has terms of reference that allow for the petition to be considered. However, this duty does not apply if the council has in the previous two years concluded a community governance review and in the council’s opinion the area to which the petition relates covers the whole or a significant part of the area to which the review related.
199.This section is concerned with a case in which a principal council receives a community governance petition which relates to any part of its area and, at the time the petition is received, the council is in the course of undertaking a community governance review, the area to which the petition relates being wholly outside the area currently under review.
Local Government and Public Involvement in Health Act 2007