Local Government Act 2000 (c. 22)

(The document as of February, 2008)

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(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).

Alternative arrangements.

31 Alternative arrangements in case of certain local authorities

(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).

32 Alternative arrangements

(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).

33 Operation of alternative arrangements

(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).

Referendums

34 Referendum following petition

(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).

35 Referendum following direction

(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,

(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).

36 Referendum following order

(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,

(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).

Local authority constitution

37 Local authority constitution

(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,

(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.

Guidance

38 Guidance

(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.

Elected mayors etc.

39 Elected mayors etc

(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.

40 Election as elected mayor and councillor

(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.

41 Time of elections etc

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,

(d) as to the filling of vacancies in the office of elected mayor or elected executive member.

42 Voting at elections of elected mayors

(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.

43 Entitlement to vote

(1) The persons entitled to vote as electors at an election for the return of an elected mayor or elected executive member are those who on the day of the poll--

(a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and

(b) are registered in the register of local government electors at an address within the authority's area.

(2) A person is not entitled as an elector to cast more than one first preference vote, or more than one second preference vote, at an election for the return of an elected mayor.

44 Power to make provision about elections

(1) The Secretary of State may by regulations make provision as to--

(a) the conduct of elections for the return of elected mayors or elected executive members, and

(b) the questioning of elections for the return of elected mayors or elected executive members and the consequences of irregularities.

(2) The provision which may be made under subsection (1)(a) includes, in particular, provision--

(a) about the registration of electors,

(b) for disregarding alterations in a register of electors,

(c) about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses),

(d) for the combination of polls at elections for the return of elected mayors and other elections (including elections for the return of elected executive members), and

(e) for the combination of polls at elections for the return of elected executive members and other elections (including elections for the return of elected mayors).

(3) Regulations under this section may--

(a) apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,

(b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of elected mayors or elected executive members, and

(c) so far as may be necessary in consequence of any provision made by or under this Part or any regulations under this section, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.

(4) No return of an elected mayor or elected executive member at an election is to be questioned except by an election petition under the provisions of Part III of the [1983 c. 2.] Representation of the [1983 c. 2.] People Act 1983 as applied by or incorporated in regulations under this section.

Provisions with respect to referendums

45 Provisions with respect to referendums

(1) A local authority may not hold more than one referendum in any period of five years.

(2) If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals in accordance with any provision made by the regulations or order.

(3) If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals but must instead comply with any provision made by the regulations or order.

(4) The persons entitled to vote in a referendum held by a local authority are those who on the day of the referendum--

(a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority's area, and

(b) are registered in the register of local government electors at an address within the authority's area.

(5) The Secretary of State may by regulations make provision as to the conduct of referendums.

(6) The Secretary of State may by regulations make provision for the combination of polls at referendums with polls at any elections.

(7) Regulations under subsection (5) or (6) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.

(8) The provision which may be made under subsection (5) includes, in particular, provision--

(a) as to the question to be asked in a referendum,

(b) as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum),

(c) about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),

(d) as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,

(e) as to when, where and how voting in a referendum is to take place,

(f) as to how the votes cast in a referendum are to be counted, and

(g) for disregarding alterations in a register of electors.

(9) In subsections (1), (4) to (6) and (8) "referendum" means a referendum held under section 27 or by virtue of regulations or an order made under any provision of this Part.

Amendments to the 1972 Act

46 Amendments to the 1972 Act

Schedule 3, which contains amendments to the [1972 c. 70.] Local Government Act 1972, has effect.

Power to make further provision

47 Power to make incidental, consequential provision etc

(1) The Secretary of State may by order make such incidental, consequential, transitional or supplemental provision as he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision made by or under this Part.

(2) The provision which may be made under subsection (1) includes provision modifying any enactment (whenever passed or made).

(3) The power under subsection (2) to modify an enactment is a power--

(a) to apply that enactment with or without modifications,

(b) to extend, disapply or amend that enactment, or

Interpretation

48 Interpretation of Part II

(1) In this Part, unless the context otherwise requires--

"alternative arrangements" has the meaning given by section 32(1),
"council manager" has the meaning given by section 11(4)(b),
"elected executive member" has the meaning given by section 39(4),
"elected mayor" has the meaning given by section 39(1),
"electoral area" has the meaning given by section 203(1) of the [1983 c. 2.] Representation of the People Act 1983,
"enactment" includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the [1978 c. 30.] Interpretation Act 1978),
"executive", in relation to a local authority, is to be construed in accordance with section 11,
"executive arrangements" has the meaning given by section 10,
"executive leader" has the meaning given by section 11(3)(a),
"fall-back proposals" and "outline fall-back proposals" are to be construed in accordance with section 27(1) and (2),
"first preference vote" has the meaning given by section 42(1)(a),
"local authority" means--
(a)
in relation to England, a county council, a district council or a London borough council, and
(b)
in relation to Wales, a county council or a county borough council,
"local government elector" has the meaning given by section 270(1) of the [1972 c. 70.] Local Government Act 1972,
"overview and scrutiny committee" has the meaning given by section 21(1),
"the political balance requirements" means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the [1989 c. 42.] Local Government and Housing Act 1989,
"second preference vote" has the meaning given by section 42(1)(b).

(2) Any reference in this Part to the chairman of a local authority--

(a) is a reference to that person whether or not he is entitled to another style, and

(b) in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the [1972 c. 70.] Local Government Act 1972) is referred to in Part I of that Schedule as the mayor of the borough.

(3) Any reference in this Part to the vice-chairman of a local authority--

(a) is a reference to that person whether or not he is entitled to another style, and

(4) Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.

(5) Section 101 of the [1972 c. 70.] Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part.

(6) Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.

(7) Any directions given by the Secretary of State under any provision of this Part--

(a) may be varied or revoked by subsequent directions given by him under that provision, and

(b) may make different provision for different cases, local authorities or descriptions of local authority.

Part III Conduct of local government members and employees

Chapter I Conduct of members

Standards of conduct

49 Principles governing conduct of members of relevant authorities

(1) The Secretary of State may by order specify the principles which are to govern the conduct of members and co-opted members of relevant authorities in England and police authorities in Wales.

(2) The National Assembly for Wales may by order specify the principles which are to govern the conduct of members and co-opted members of relevant authorities in Wales (other than police authorities).

(3) Before making an order under this section, the Secretary of State must consult--

(a) such representatives of relevant authorities in England as he considers appropriate,

(b) the Audit Commission,

(d) such other persons (if any) as he considers appropriate.

(4) Before making an order under this section so far as it relates to police authorities in Wales, the Secretary of State must consult--

(a) such representatives of police authorities in Wales as he considers appropriate,

(b) the Commission for Local Administration in Wales, and

(5) Before making an order under this section, the National Assembly for Wales must consult--

(a) such representatives of relevant authorities in Wales as it considers appropriate,

(b) the Audit Commission,

(d) such other persons (if any) as it considers appropriate.

(6) In this Part "relevant authority" means--

(a) a county council,

(b) a county borough council,

(d) a London borough council,

(e) a parish council,

(f) a community council,

(g) the Greater London Authority,

(h) the Metropolitan Police Authority,

(i) the London Fire and Emergency Planning Authority,

(j) the Common Council of the City of London in its capacity as a local authority or police authority,

(k) the Council of the Isles of Scilly,

(l) a fire authority constituted by a combination scheme under the [1947 c. 41.] Fire Services Act 1947,

(m) a police authority,

(n) a joint authority established by Part IV of the [1985 c. 51.] Local Government Act 1985,

(o) the Broads Authority, or

(p) a National Park authority established under section 63 of the [1995 c. 25.] Environment Act 1995.

(7) In this Part "co-opted member", in relation to a relevant authority, means a person who is not a member of the authority but who--

(a) is a member of any committee or sub-committee of the authority, or

(b) is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,

and who is entitled to vote on any question which falls to be decided at any meeting of that committee or sub-committee.

50 Model code of conduct

(1) The Secretary of State may by order issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities in England and police authorities in Wales (referred to in this Part as a model code of conduct).

(2) The National Assembly for Wales may by order issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities in Wales other than police authorities (also referred to in this Part as a model code of conduct).

(3) The power under subsection (1) or (2) to issue a model code of conduct includes power to revise any such model code which has been issued.

(4) A model code of conduct--

(a) must be consistent with the principles for the time being specified in an order under section 49(1) or 49(2) (as the case may be),

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