Office of Public Sector Information

44D Term of office of leader: whole-council elections

(1) This section applies to the executive leader of a local authority which—

(a) is operating a leader and cabinet executive (England), and

(b) is subject to whole-council elections.

(2) The executive leader’s term of office starts on the day of his election as leader.

(3) The executive leader’s term of office ends on the day of the post-election annual meeting which follows his election as leader.

(4) But if the executive leader is removed from office in accordance with section 44C, his term of office ends on the day of his removal.

44E Term of office of leader: partial-council elections

(1) This section applies to the executive leader of a local authority which—

(a) is operating a leader and cabinet executive (England), and

(b) is subject to partial-council elections.

(2) The executive leader’s term of office starts on the day of his election.

(3) The executive leader’s term of office ends on the day when the council holds its first annual meeting after the leader’s normal day of retirement as a councillor.

(4) But that is subject to subsections (5) and (6).

(5) If the executive leader is removed from office in accordance with section 44C, his term of office ends on the day of his removal.

(6) If the local authority becomes subject to whole-council elections, the executive leader’s term of office ends on the day of the annual meeting which follows the first whole-council elections.

(7) For the purposes of this section an executive leader’s normal day of retirement as a councillor is the day when the leader would next be required to retire as a councillor of the council if section 44F were disregarded.

44F Leader to continue to hold office as councillor

(1) The executive leader of a leader and cabinet executive (England) remains a member of the council during his term of office as leader.

(2) Accordingly, any enactment which provides for his earlier retirement as a councillor does not apply.

(3) This section does not affect anything by which the executive leader may cease to be a councillor otherwise than by retirement (including disqualification or resignation).

44G No other means of electing or removing leader

(1) This section applies to a local authority which operate a leader and cabinet executive (England).

(2) An executive leader may not be elected except in accordance with section 44A, 44B or 44C or regulations under section 44H.

(3) An executive leader may not be removed from office except in accordance with section 44C or regulations under section 44H.

44H Regulations

(1) The Secretary of State may by regulations make provision—

(a) as to the dates on which and years in which executive leaders of leader and cabinet executives (England) are to be elected by local authorities,

(b) as to the intervals between elections of executive leaders of leader and cabinet executives (England),

(c) as to the term of office of an executive leader of a leader and cabinet executive (England), and

(d) as to the filling of vacancies in the office of executive leader of a leader and cabinet executive (England).

(2) Sections 44A to 44E are subject to regulations under this section.”

68 Power to make incidental, consequential provision etc

(1) Section 47 of the Local Government Act 2000 (power to make incidental, consequential provision etc) is amended as follows.

(2) After subsection (3) insert—

“(4) The provision which may be made under subsection (1) includes provision relating to changes in local authority governance arrangements (including changes of the kinds set out in sections 33A to 33D).

(5) That includes—

(a) provision relating to the old governance arrangements, the new governance arrangements, or both kinds of governance arrangements,

(b) provision as to the dates on which and years in which relevant elections may or must be held,

(c) provision as to the intervals between relevant elections, and

(d) provision as to the term of office of any member of any form of executive.

(6) In subsection (5) “relevant election” means—

(a) an election for the return of an elected mayor;

(b) the election by a local authority of the executive leader of a leader and cabinet executive (England).

(7) Nothing in subsection (2), (3), (4) or (5) affects the generality of the power in subsection (1).”

69 Time limit for holding further referendum

(1) Section 45 of the Local Government Act 2000 (c. 22) (provision with respect to referendums) is amended as follows.

(2) For subsection (1) substitute—

“(1) A local authority—

(a) in England may not hold more than one referendum in any period of ten years;

(b) in Wales may not hold more than one referendum in any period of five years.”

(3) In subsection (9) after “section 27” insert “or 33K”.

(4) Section 45 as amended by subsection (1) applies to referendums held before, and referendums held after, this section comes into force.

70 Interpretation

(1) Section 48 of the Local Government Act 2000 (c. 22) is amended as follows.

(2) In subsection (1) in the definition of “executive leader”, for “section 11(3)(a)” substitute “section 11(2A)(a) or (3)(a)”.

(3) In subsection (1) insert the following definition at the appropriate place—

““ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority,”.

(4) After subsection (1) insert—

“(1A) In this Part “relevant election years”, in relation to a local authority, means the years specified in the second column of the following table in relation to that type of authority.

71 Larger authorities to cease operating alternative arrangements

(1) This section applies to a local authority if—

(a) the authority is operating alternative arrangements, and

(b) the resident population of the authority’s area on 30th June 1999 was 85,000 or more.

(2) The local authority must draw up proposals for—

(a) ceasing to operate alternative arrangements, and

(b) starting to operate executive arrangements which provide for a leader and cabinet executive (England).

(3) The proposals must include all of the following—

(a) a statement of the extent to which the functions specified in regulations under section 13(3)(b) of the Local Government Act 2000 are to be the responsibility of the leader and cabinet executive (England);

(b) a timetable with respect to the implementation of the proposals;

(c) details of any transitional arrangements which are necessary for the implementation of the proposals.

(4) The timetable must be such as to ensure that the local authority will make the proposed move to executive arrangements no later than the day of the authority’s annual meeting in 2009.

(5) After drawing up the proposals, the local authority must—

(a) secure that copies of a document setting out the proposals are available at the authority’s principal office for inspection by members of 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,

(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

(iv) specifies the address of the principal office.

(6) A resolution of the local authority is required in order for the authority to adopt the proposed leader and cabinet executive (England).

(7) Section 29(2) of the Local Government Act 2000 (c. 22) applies to a resolution under subsection (6) as it applied to a resolution to operate executive arrangements.

(8) If the local authority passes the resolution under subsection (6), the authority must make the move to the proposed leader and cabinet executive (England) in accordance with the timetable in the proposals.

(9) Executive arrangements which come into operation in accordance with this section are to be treated as being operated after the passing of a resolution of the local authority under section 33F of the Local Government Act 2000.

(10) In complying with this section, the local authority must comply with any directions given by the Secretary of State in connection with this section.

(11) For the purposes of this section 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.

72 Failure to cease operating alternative arrangements

(1) This section applies if—

(a) section 71 applies to a local authority, and

(b) it appears to the Secretary of State that the local authority will fail to start to operate a leader and cabinet executive (England) by the day of the authority’s annual meeting in 2009.

(2) The Secretary of State may by order specify executive arrangements for the local authority which provide for a leader and cabinet executive (England).

(3) The leader and cabinet executive (England) which is provided for under subsection (2) shall come into operation on the day of the local authority’s annual meeting in 2009.

(4) Arrangements which the Secretary of State specifies under subsection (2) are to be treated as having been made by the local authority itself.

(5) Arrangements which come into operation in accordance with subsection (3) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the Local Government Act 2000 (c. 22).

(6) As soon as practicable after executive arrangements are specified under subsection (2), the local authority must comply with the following provisions of the Local Government Act 2000—

(a) section 29(2)(a);

(b) section 29(2)(b)(ii) to (v).

73 Sections 71 and 72: supplementary

(1) Section 33C of the Local Government Act 2000 does not apply to a local authority to which section 71 applies.

(2) Section 33I(1) of the Local Government Act 2000 is subject to sections 71 and 72.

(3) Subsection (4) applies to a local authority which—

(a) starts to operate a leader and cabinet executive (England) in accordance with section 71 or 72, and

(b) draws up proposals for a change in those governance arrangements of the kind set out in section 33A of the Local Government Act 2000 (new form of executive).

(4) For the purposes of section 33L of the Local Government Act 2000, the first permitted resolution period is to be the period which—

(a) starts with 1 October 2010, and

(b) ends with 31 December 2010;

(rather than the other period ending with 31 December 2010 that is specified in the table in section 33O(5) of the Local Government Act 2000).

(5) Expressions used in section 71 or 72 that are also used in Part 2 of the Local Government Act 2000 have the same meanings in that section as in that Part.

74 Further amendments & transitional provision

(1) Schedule 3 (executives: further amendments) has effect.

(2) Schedule 4 (new arrangements for executives: transitional provision) has effect.