Local Government and Public Involvement in Health Act 2007 (c. 28)

(The document as of February, 2008)

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(f) after subsection (8) insert--

" (9) In subsection (8)--

"relevant county council" means--
(a)
a county council such as is referred to in subsection (3B)(b) above, or
(b)
an existing county council to which the functions of district councils in relation to the county council's area are transferred by or in consequence of an order under Part 1 of the Local Government and Public Involvement in Health Act 2007, and
"the reorganisation date" means the date on which the council is required by this section to establish its general fund. "

Food Safety Act 1990 (c. 16)

17 In section 27(5) of the Food Safety Act 1990 (appointment of public analysts), omit the words "pursuant to a structural change".

Environment Act 1995 (c. 25)

18 (1) The Environment Act 1995 is amended as follows.

(2) In section 75(8) (National Parks: powers to make orders), for "Part II of the Local Government Act 1992" substitute "Part 1 of the Local Government and Public Involvement in Health Act 2007".

(3) In section 79(1) (interpretation of Part 3), in the definition of "public authority"--

(a) omit the words "or residuary body";

(b) after "1992" insert ", any residuary body established under section 17 of the Local Government and Public Involvement in Health Act 2007".

Police Act 1996 (c. 16)

19 (1) The Police Act 1996 is amended as follows.

(2) In section 1(2)(a) (police areas), for "or section 17 of the Local Government Act 1992" substitute "section 17 of the Local Government Act 1992 or Part 1 of the Local Government and Public Involvement in Health Act 2007".

(3) In section 100(1) (chief constables affected by local government reorganisations etc), for ", section 58 of the Local Government Act 1972 or section 17 of the Local Government Act 1992" substitute "or section 58 of the Local Government Act 1972".

Freedom of Information Act 2000 (c. 36)

20 In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in paragraph 23 for "section 22 of the Local Government Act 1992" substitute "section 17 of the Local Government and Public Involvement in Health Act 2007".

Regional Assemblies (Preparations) Act 2003 (c. 10)

21 (1) In the Regional Assemblies (Preparations) Act 2003, after section 27 insert--

" 27A Saving for provisions of Local Government Act 1992 as applied

This Act shall have effect as if the amendments of the Local Government Act 1992 made by the Local Government and Public Involvement in Health Act 2007 had not been made. "

(2) The power under section 243 of this Act to amend the Regional Assemblies (Preparations) Act 2003--

(a) is not limited by this paragraph;

(b) includes power to amend or repeal section 27A of that Act.

Fire and Rescue Services Act 2004 (c. 21)

22 (1) The Fire and Rescue Services Act 2004 is amended as follows.

(2) In section 2 (power to create combined fire and rescue authorities), in each of subsections (9)(c) and (10)(a), for "Part 2 of the Local Government Act 1992 (c. 19) or section 17 of the Regional Assemblies (Preparations) Act 2003 (c. 10)" substitute "section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007".

(3) In section 4(7)(b) (combined authorities under the Fire Services Act 1947), for "Part 2 of the Local Government Act 1992 (c. 19) or section 17 of the Regional Assemblies (Preparations) Act 2003 (c. 10)" substitute "section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007".

Section 61

SCHEDULE 2 Electoral arrangements: consequential amendments

Local Government and Housing Act 1989 (c. 42)

1 Section 9 of the Local Government and Housing Act 1989 (assistants for political groups) is amended as follows.

2 In subsection (11), in paragraph (a) of the definition of "appropriate year", for "one in relation to which provision for whole council elections has been made by virtue of section 7(4)(a) or 26(2)(a) of the Local Government Act 1972" substitute "subject to whole council elections by virtue of Chapter 1 of Part 2 of the Local Government and Public Involvement in Health Act 2007".

Section 74

SCHEDULE 3 Executives: further amendments

Local Government Act 1972 (c. 70)

1 The Local Government Act 1972 is amended as follows.

2 (1) Section 2 (constitution of principal councils in England) is amended as follows.

(2) After subsection (2A) insert--

" (2B) In such a case, a reference in this Act to a member of a council is a reference to--

(a) the elected mayor of the council,

(b) the chairman of the council, or

3 (1) Section 3 (chairman) is amended as follows.

(2) In subsection (4A) omit "or a mayor and council manager executive".

4 (1) Section 21 (constitution of principal councils in Wales) is amended as follows.

(2) After subsection (1A) insert--

" (1B) In such a case, a reference in this Act to a member of a council is a reference to--

(a) the elected mayor of the council,

(b) the chairman of the council, or

5 (1) Section 79 (qualifications for election and holding office) is amended as follows.

(2) In subsection (1) omit ", or be qualified to be elected and to be an elected mayor,".

6 (1) Section 80 (disqualification for election and holding office) is amended as follows.

(2) In subsection (1) in the words before paragraph (a) omit ", and be disqualified for being elected or being an elected mayor,".

7 (1) Section 100G (principal councils to publish additional information) is amended as follows.

(2) In subsection (1)(a) for the second "and" substitute "together with, in the case of a councillor,".

8 (1) Section 100J (application of Part 5A to new authorities, Common Council, etc) is amended as follows.

(2) In subsection (4)(a)--

(a) for "from "ward" onwards" substitute "after "together with"";

(b) before "name" insert "the".

(3) In subsection (4)(aa)--

(a) for "from "ward" onwards" substitute "after "together with"";

(b) before "name" insert "the".

(4) In subsection (4)(b) for "from "and the ward" onwards" substitute "after "for the time being"".

(5) In subsection (4)(c)--

(a) before "ward" insert ", in the case of a councillor, the";

(b) before "constituent" insert "the".

(6) In subsection (4A)--

(a) before "the ward" insert "together with, in the case of a councillor,";

(b) before the first "whether" insert "and".

9 (1) Section 249 (honorary aldermen and freemen) is amended as follows.

(2) In subsection (1) for "councillors" substitute "members".

(3) In subsection (2) for "councillor" substitute "member".

10 (1) Section 270 (general provisions as to interpretation) is amended as follows.

(2) In subsection (1) for the definition of "leader and cabinet executive" substitute--

" "leader and cabinet executive means"--

(a) in relation to England: a leader and cabinet executive (England);

(b) in relation to Wales: a leader and cabinet executive (Wales); " .

(3) In subsection (1) insert the following definitions at the appropriate places--

" "leader and cabinet executive (England)" has the same meaning as in Part 2 of the Local Government Act 2000; " ;

" "leader and cabinet executive (Wales)" has the same meaning as in Part 2 of the Local Government Act 2000; " .

(4) In subsection (4A) omit "or a mayor and council manager executive".

11 (1) Schedule 2 (constitution and membership of London borough councils) is amended as follows.

(2) For paragraph 5C substitute--

" 5C (1) The council shall consist of an elected mayor, a chairman and councillors.

(2) A reference in this Act to a member of the council is a reference to--

(a) the chairman of the council,

(b) a councillor of the council, or

12 (1) Schedule 12 (meetings and proceedings of local authorities) is amended as follows.

(2) In paragraph 5(5) (who presides over meeting of council operating mayoral executive) omit "or a mayor and council manager executive".

Local Government Act 1974 (c. 7)

13 The Local Government Act 1974 is amended as follows.

14 (1) Section 30 (reports on investigation) is amended as follows.

(2) In subsection (2AB) omit "or mayor and council manager executive".

15 (1) Section 34 (interpretation of Part 3) is amended as follows.

(2) In the definition of "mayor and cabinet executive" and "mayor and council manager executive" for "and "mayor and council manager executive" have" substitute "has".

Representation of the People Act 1983 (c. 2)

16 The Representation of the People Act 1983 is amended as follows.

17 In section 24 (returning officers: England and Wales) in subsection (1)(dd) omit "or a mayor and council manager executive".

Local Government Act 1985 (c. 51)

18 The Local Government Act 1985 is amended as follows.

19 (1) Section 35 (disqualification) is amended as follows.

(2) In subsection (4) for ""executive leader" and "leader and cabinet executive"" substitute "and executive leader".

(3) After subsection (4) insert--

" (5) In this section "leader and cabinet executive" means--

(a) in relation to England: a leader and cabinet executive (England);

(b) in relation to Wales: a leader and cabinet executive (Wales);

and for this purpose "leader and cabinet executive (England)" and "leader and cabinet executive (Wales)" have the same meanings as in Part 2 of the Local Government Act 2000. "

Local Government Finance Act 1988 (c. 41)

20 The Local Government Finance Act 1988 is amended as follows.

21 (1) Section 111 (interpretation of Part 8) is amended as follows.

(2) In subsection (3A) omit "leader and cabinet executive,".

(3) After subsection (3A) insert--

" (3B) In this Part, "leader and cabinet executive" means--

(a) in relation to England: a leader and cabinet executive (England);

(b) in relation to Wales: a leader and cabinet executive (Wales);

and for this purpose "leader and cabinet executive (England)" and "leader and cabinet executive (Wales)" have the same meanings as in Part 2 of the Local Government Act 2000. "

Local Government Act 2000 (c. 22)

22 The Local Government Act 2000 is amended as follows.

23 In section 29 (operation of and publicity for executive arrangements), in subsection (3) after "A local authority" insert "in Wales".

24 In section 30 (operation of different executive arrangements), in subsection (1) after "a local authority" insert "in Wales".

25 In section 33 (operation of alternative arrangements), before subsection (1) insert--

" (A1) In this section references to a local authority are references to a local authority in Wales. "

26 In section 83 (interpretation of Part 3) in the definition of "executive leader", for "section 11(3)(a)" substitute "section 11(2A)(a) or (3)(a)".

27 In section 105 (orders and regulations), in subsection (6) after "32," insert "33O(6),".

28 After paragraph 1 of Schedule 1 (executive arrangements: further provision) insert--

" Leader and cabinet executives (England)

1A (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a leader and cabinet executive (England).

(2) Subject to section 11(8), the executive arrangements must include provision which enables the executive leader to determine the number of councillors who may be appointed to the executive under section 11(2A)(b).

(3) The executive arrangements must include provision which requires the executive leader to appoint one of the members of the executive to be his deputy (referred to in this paragraph as the deputy executive leader).

(4) Subject to sub-paragraph (5), the deputy executive leader, unless he resigns as deputy executive leader or ceases to be a member of the authority, is to hold office until the end of the term of office of the executive leader.

(5) The executive leader may, if he thinks fit, remove the deputy executive leader from office.

(6) Where a vacancy occurs in the office of deputy executive leader, the executive leader must appoint another person in his place.

(7) If for any reason the executive leader is unable to act or the office of executive leader is vacant, the deputy executive leader must act in his place.

(8) If for any reason--

(a) the executive leader is unable to act or the office of executive leader is vacant, and

(b) the deputy executive leader is unable to act or the office of deputy executive leader is vacant,

the executive must act in the executive leader's place or must arrange for a member of the executive to act in his place. "

29 (1) For the heading before paragraph 2 of Schedule 1 substitute--

" Leader and cabinet executives (Wales) " .

(2) Paragraph 2 is amended as follows.

(3) In sub-paragraph (1) for "leader and cabinet executive" substitute "leader and cabinet executive (Wales)".

(4) In sub-paragraph (4) for "sub-paragraph (2)(a)" substitute "sub-paragraph (3)(a).".

Section 245

SCHEDULE 4 New arrangements for executives: transitional provision

Part 1 Old-style leader and cabinet executive

Application of Part

1 This Part applies to a local authority in England if, at the relevant time, the authority is operating an old-style leader and cabinet executive.

Continued operation of existing executive

2 (1) The coming into force of section 62(5) does not prevent the local authority from continuing to operate the old-style leader and cabinet executive until the end of the transitional period.

(2) For as long as the local authority continues to operate the old-style leader and cabinet executive, any enactment amended or repealed by this Part of this Act continues to apply in relation to the local authority, and to the executive and its operation, as if the amendment or repeal had not been made.

Change in form of executive

3 (1) The local authority must make a change in governance arrangements of the kind set out in section 33A of the LGA 2000 (new form of executive).

(2) Sections 33E, 33F, 33G, 33I(2) and 33J of the LGA 2000 apply to a change in governance arrangements required by this paragraph as they apply to a change made under section 33A.

(3) In the application of section 33G by virtue of this paragraph, "relevant elections" has the meaning given in paragraph 5.

(4) Any resolution to make the change in governance arrangements must be passed--

(a) at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b) during the permitted resolution period specified in the second column of the following table in relation to the authority.

Type of local authority	Permitted resolution period
Metropolitan district	The period ending with 31 December 2009
County	The period ending with 31 December 2008
London borough	The period ending with 31 December 2009
Non-metropolitan district	The period ending with 31 December 2010

(5) The Secretary of State may by order provide that a permitted resolution period is to end later than the last day of the period specified in the table.

Failure to change form of executive: automatic change

4 (1) This paragraph applies if the local authority does not make a change in governance arrangements in accordance with paragraph 3.

(2) Before the end of the transitional period, the local authority must draw up and adopt executive arrangements which provide for a leader and cabinet executive (England).

(3) But if it appears to the Secretary of State that the authority will fail to comply with sub-paragraph (2), the Secretary of State may by order specify executive arrangements which provide for a leader and cabinet executive (England).

(4) The leader and cabinet executive (England) which is provided for under sub-paragraph (2) or (3) shall come into operation on the last day of the transitional period.

(5) Arrangements which the Secretary of State specifies under sub-paragraph (3) are to be treated as having been made by the local authority itself.

(6) Arrangements which come into operation in accordance with sub-paragraph (4) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the LGA 2000.

(7) As soon as practicable after executive arrangements are adopted under sub-paragraph (2), or specified under sub-paragraph (3), the local authority must comply with the duties set out in the following provisions of the LGA 2000--

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

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

Interpretation

5 (1) In this Part--

"LGA 2000" means the Local Government Act 2000 (c. 22);
"old-style leader and cabinet executive" means a leader and cabinet executive of the form specified in section 11(3) of the LGA 2000;
"relevant elections" means the first ordinary elections of councillors of the local authority which take place after the end of the permitted resolution period (within the meaning of paragraph 3(4)(b));
"relevant time" means the time immediately before section 62(5) comes into force;
"transitional period" means the period that--
(a)
starts when section 62(5) comes into force, and
(b)
ends with the third day after the day of the relevant elections.

(2) Expressions used in this Part of this Schedule and in Part 2 of the LGA 2000 have the same meaning in this Part as in that Part.

Part 2 Mayor and council manager executive

Application of Part

6 This Part applies to a local authority in England if, at the relevant time, the authority is operating a mayor and council manager executive.

Continued operation of existing executive

7 (1) The coming into force of section 62(6) does not prevent the local authority from continuing to operate the mayor and council manager executive.

(2) For as long as the local authority continues to operate the mayor and council manager executive, any enactment amended or repealed by this Part of this Act continues to apply in relation to the local authority, and to the executive and its operation, as if the amendment or repeal had not been made.

Change in form of executive

8 (1) The local authority must make a change in governance arrangements of the kind set out in section 33A of the LGA 2000 (new form of executive).

(2) Sections 33E, 33F, 33I(2) and 33J of the LGA 2000 apply to a change in governance arrangements required by this paragraph as they apply to a change made under section 33A.

9 (1) This paragraph applies if the proposals drawn up in accordance with section 33E provide for a change to a mayor and cabinet executive.

(2) The proposals must specify the day on which the authority is to cease operating the mayor and council manager executive and start operating the mayor and cabinet executive.

(3) The day specified in accordance with sub-paragraph (2) must fall before the day which is expected to be the last day of the relevant mayoral term.

(4) Any resolution to make the change in governance arrangements must be passed --

(a) at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b) on or before 31 December 2008 or such later date as the Secretary of State may by order provide.

(5) The following sub-paragraphs apply if the local authority adopt the mayor and cabinet executive.

(6) On the day specified in accordance with sub-paragraph (2), the local authority must--

(a) cease operating the mayor and council manager executive, and

(b) start operating the mayor and cabinet executive.

(7) The council manager ceases to hold office when the local authority ceases to operate the mayor and council manager executive.

(8) But--

(a) the mayor does not cease to hold office, and

(b) his term of office is not affected,

by virtue of the local authority ceasing to operate the mayor and council manager executive.

(9) Subject to sub-paragraph (6), the local authority must implement the change in governance arrangements in accordance with the timetable in the proposals.

(10) Any arrangements (including any enactment or subordinate legislation) which apply to the election of the mayor of the mayor and council manager executive--

(a) apply to the first election of the mayor of the mayor and cabinet executive as if it were the election of the mayor of the mayor and council manager executive, and

(b) subject to any order under Part 3, apply in the same way to subsequent elections of the mayor of the mayor and cabinet executive.

10 (1) This paragraph applies if the proposals drawn up in accordance with section 33E provide for a change to a leader and cabinet executive (England).

(2) Section 33K(2), (3), (5) and (6) of the LGA 2000 apply to the change as they would if the change were, by virtue of section 33M of the LGA 2000, subject to approval in a referendum.

(3) Any resolution to make the change in governance arrangements must be passed on or before the earlier of these days--

(a) the last day of the period of 28 days that begins with the day when the referendum is held;

(b) 31 December 2008, or such later date as the Secretary of State may by order provide.

(4) Section 45(1) of the LGA 2000 does not prevent a referendum from being held in accordance with section 33K of the LGA 2000 as applied by sub-paragraph (2).

(5) The proposals must provide for the local authority to cease operating the mayor and council manager executive and start operating the leader and cabinet executive (England) on the day which is expected to be the last day of the relevant mayoral term.

(6) The following sub-paragraphs apply if the local authority adopt the leader and cabinet executive (England).

(7) On the day specified in accordance with sub-paragraph (5), the local authority must--

(a) cease operating the mayor and council manager executive, and

(b) start operating the leader and cabinet executive (England).

(8) Subject to sub-paragraph (7), the local authority must implement the change in governance arrangements in accordance with the timetable in the proposals.

(9) If the local authority has held its annual meeting in 2009 before changing to the leader and cabinet executive (England), the authority must hold a meeting within the 21 days following the day on which it changes to that form of executive.

(10) For the purposes of section 44B of the LGA 2000, that meeting is to be treated as a relevant annual meeting.

Failure to change form of executive: automatic change

11 (1) This paragraph applies if the local authority does not make a change in its executive arrangements in accordance with paragraph 8.

(2) Before the end of the transitional period, the local authority must draw up and adopt executive arrangements which provide for a mayor and cabinet executive.

(4) The mayor and cabinet executive which is provided for under sub-paragraph (2) or (3) shall come into operation on the last day of the transitional period.

(5) Arrangements which the Secretary of State specifies under sub-paragraph (3) are to be treated as having been made by the local authority itself.

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

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

Interpretation

12 (1) In this Part--

"LGA 2000" means the Local Government Act 2000 (c. 22);
"relevant election day" means the day in 2009 on which an ordinary election of a mayor would take place if the local authority continued to operate a mayor and council manager executive;
"relevant mayoral term", in relation to proposals, means the term of office of the person who is mayor when the proposals are drawn up;
"relevant time" means the time immediately before section 62(6) comes into force;
"transitional period" means the period that--
(a)
starts when section 62(6) comes into force, and
(b)
ends with the third day after the relevant election day.

(2) Expressions used in this Part of this Schedule and in Part 2 of the LGA 2000 have the same meaning in this Part as in that Part.

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