Search Legislation

Local Government (Wales) Measure 2011

Status:

This is the original version (as it was originally enacted).

PART 3AVAILABLE GOVERNANCE ARRANGEMENTS

Mayor and council manager executive

34Abolition of mayor and council manager executive

(1)The Local Government Act 2000 is amended as follows.

(2)In section 11 (local authority executives)—

(a)omit subsection (4) (mayor and council manager executive);

(b)in subsection (10)—

(i)omit “or an officer”;

(ii)omit “or (4)(b)”.

(3)Omit section 16.

(4)In section 26 (proposals not requiring referendum), in subsection (2)—

(a)at the end of paragraph (a) insert “or”;

(b)omit paragraph (b).

(5)In section 48 (interpretation of Part 2), in subsection (1), omit the definition of “council manager”.

(6)In Schedule 1 (executive arrangements: further provision), omit paragraph 3.

(7)In the Local Government Act 1972—

(a)in section 21 (constitution of principal councils in Wales), in subsection (1A), omit “or a mayor and council manager executive”;

(b)in section 22 (chairman), in subsection (4A), omit “or a mayor and council manager executive”;

(c)in section 25A (title of chairman or vice-chairman of county borough council), in subsection (3), omit “or a mayor and council manager executive”;

(d)in section 245 (status of certain districts, parishes and communities), in subsections (1A) and (4A), omit “or a mayor and council manager executive”;

(e)in section 270 (general provisions as to interpretation), in subsection (1), in the definition ““mayor and cabinet executive” and “mayor and council manager executive”” omit “and “mayor and council manager executive””.

(8)In the Local Government and Housing Act 1989—

(a)in section 5 (designation and reports of monitoring officer), in subsection (3)(b), omit the words from “and, in a case where” to the end of paragraph (b);

(b)in section 5A (reports of monitoring officer — local authorities operating executive arrangements), in subsection (5)(b), omit the words from “and, where” to the end of paragraph (b);

(c)in section 13 (voting rights of members of certain committees: England and Wales)—

(i)omit subsection (5A);

(ii)in subsection (9), omit “and “mayor and council manager executive””;

(d)in section 21 (interpretation of Part 1), in subsection (3), omit ““council manager”” and “and “mayor and council manager executive””.

(9)In section 106 of the Local Government Finance Act 1992 (council tax and community charge: restrictions on voting)—

(a)in subsection (1), omit “or a council manager within the meaning of section 11(4)(b) of the Local Government Act 2000”;

(b)in subsection (2), omit “or a council manager”.

Alternative arrangements

35Authorities to replace alternative arrangements with executive arrangements

(1)A local authority that is operating alternative arrangements must—

(a)cease to operate alternative arrangements, and

(b)start to operate executive arrangements.

(2)Schedule 1 contains provision supplementing this section.

(3)In complying with this section and Schedule 1, a local authority must comply with directions given by the Welsh Ministers.

36Consequential provision etc

(1)In the Local Government Act 2000—

(a)in section 29 (operation of, and publicity for, executive arrangements), omit subsection (3);

(b)in section 31 (alternative arrangements in case of certain local authorities), before subsection (1) insert—

(A1)In this section references to a local authority are references to a local authority in England.;

(c)in section 32 (alternative arrangements), before subsection (1) insert—

(A1)In this section references to a local authority are references to a local authority in England.;

(d)omit section 33 (operation of alternative arrangements);

(e)in section 34 (referendum following petition), in subsection (3), for “29 or 33” substitute “or 29”;

(f)in section 35 (referendum following direction), in subsection (3), for “29 or 33” substitute “or 29”;

(g)in section 36 (referendum following order), in subsection (3), for “29 or 33” substitute “or 29”.

(2)In this Measure, omit section 87(3).

(3)In the Local Government Act 1972—

(a)in section 70 (restriction on promotion of Bills for changing local government areas, etc), in subsection (3), omit “or alternative arrangements”;

(b)in section 270 (general provisions as to interpretation), in subsection (1) omit the definition of “alternative arrangements”.

(4)The following regulations are revoked—

(a)the Local Authorities (Proposals for Alternative Arrangements) (Wales) Regulations 2001 (S.I. 2001/2293);

(b)the Local Authorities (Changing Executive Arrangements and Alternative Arrangements) (Wales) Regulations 2004 (S.I. 2004/3158);

(c)the Local Authorities (Alternative Arrangements) (Wales) Regulations 2007 (S.I. 2007/397).

(5)Subsections (1) to (4) do not prevent a local authority which is operating alternative arrangements on the commencement day from continuing to operate those arrangements on and after that day.

(6)Subsections (1) to (4) do not have effect in relation to a local authority if, and for as long as, the local authority continues to operate alternative arrangements on and after the commencement day.

(7)Subsections (5) and (6) do not affect a local authority’s duty under section 35.

(8)In this section “commencement day”, in relation to an amendment made by this section, means the day on which that amendment comes into force.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Measure

The Whole Measure you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Measure as a PDF

The Whole Measure you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Measure without Schedules

The Whole Measure without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Measure without Schedules as a PDF

The Whole Measure without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Measure

The Whole Measure you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Measure without Schedules

The Whole Measure without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Assembly Government department responsible for the subject matter of the Measure to explain what the Measure sets out to achieve and to make the Measure accessible to readers who are not legally qualified. Explanatory Notes accompany all Measures of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources