xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

E+W

Local Government Act 2000

2000 CHAPTER 22

An Act to make provision with respect to the functions and procedures of local authorities and provision with respect to local authority elections; to make provision with respect to grants and housing benefit in respect of certain welfare services; to amend section 29 of the Children Act 1989; and for connected purposes.

[28th July 2000]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part IE+W Promotion of economic, social or environmental well-being etc

InterpretationE+W

1 Meaning of “local authority” in Part I.E+W

[F1(1)] In this Part “local authority” means—

(a)in relation to England—

(i)a county council,

(ii)a district council,

(iii)a London borough council,

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

(v)the Council of the Isles of Scilly,

[F2(vi)an eligible parish council,]

(b)in relation to Wales, a county council or a county borough council [F3or a community council] .

[F4(2)A parish council is “eligible” for the purposes of this Part if the council meets the conditions prescribed by the Secretary of State by order for the purposes of this section.]

Annotations:

Amendments (Textual)

F1S. 1(1): s. 1 renumbered as s. 1(1) (1.4.2008 for specified purposes, 31.12.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 77(2), 245(5); S.I. 2008/917, art. 5; S.I. 2008/3110, art. 3(a)

F2S. 1(1)(a)(vi) inserted (1.4.2008 for specified purposes, 31.12.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 77(3), 245(5); S.I. 2008/917, art. 5; S.I. 2008/3110, art. 3(a)

F3Words in s. 1(1)(b) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 126(1), 178(2) (with s. 128)

F4S. 1(2) inserted (1.4.2008 for specified purposes, 31.12.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 77(4), 245(5); S.I. 2008/917, art. 5; S.I. 2008/3110, art. 3(a)

Commencement Information

I1S. 1 wholly in force at 9.4.2001; s. 1 not in force at Royal Assent see s. 108; s. 1 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 1 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

Promotion of well-beingE+W

2 Promotion of well-being.E+W

(1)Every local authority [F5in Wales] are to have power to do anything which they consider is likely to achieve any one or more of the following objects—

(a)the promotion or improvement of the economic well-being of their area,

(b)the promotion or improvement of the social well-being of their area, and

(c)the promotion or improvement of the environmental well-being of their area.

(2)The power under subsection (1) may be exercised in relation to or for the benefit of—

(a)the whole or any part of a local authority’s area, or

(b)all or any persons resident or present in a local authority’s area.

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(3B)In determining whether or how to exercise the power under subsection (1), a local authority in Wales must have regard to the community strategy for its area published under section 39(4) of the Local Government (Wales) Measure 2009 or, where the strategy has been amended following a review under section 41 of that Measure, the strategy most recently published under section 41(6).]

[F8(3C)The community strategy for the area of a community council is the strategy referred to in subsection (3B) that is published by the county council or county borough council in whose area lies the community or communities for which the community council is established.]

(4)The power under subsection (1) includes power for a local authority to—

(a)incur expenditure,

(b)give financial assistance to any person,

(c)enter into arrangements or agreements with any person,

(d)co-operate with, or facilitate or co-ordinate the activities of, any person,

(e)exercise on behalf of any person any functions of that person, and

(f)provide staff, goods, services or accommodation to any person.

(5)The power under subsection (1) includes power for a local authority to do anything in relation to, or for the benefit of, any person or area situated outside their area if they consider that it is likely to achieve any one or more of the objects in that subsection.

(6)Nothing in subsection (4) or (5) affects the generality of the power under subsection (1).

Annotations:

Amendments (Textual)

F5Words in s. 2(1) inserted (4.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 1 para. 3; S.I. 2012/1008, art. 2(b) (with arts. 7, 8)

Modifications etc. (not altering text)

C6S. 2 restricted (8.1.2003) by 2002 c. 41, s. 55 (with s. 159); S.I. 2002/2811, art. 2, Sch.

S. 2 restricted (8.1.2003) by 2002 c. 41, ss. 54, 162(2), Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.

C7S. 2 functions made exercisable concurrently (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 7

Commencement Information

I2S. 2 wholly in force at 9.4.2001; s. 2 not in force at Royal Assent see s. 108; s. 2 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 2 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

3 Limits on power to promote well-being.E+W

(1)The power under section 2(1) does not enable a local authority to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in any enactment (whenever passed or made).

(2)The power under section 2(1) does not enable a local authority to raise money (whether by precepts, borrowing or otherwise).

(3)The [F9Welsh Ministers] may by order make provision preventing local authorities from doing, by virtue of section 2(1), anything which is specified, or is of a description specified, in the order.

[F10(3A)The power under subsection (3) may be exercised in relation to—

(a)all local authorities,

(b)particular local authorities, or

(c)particular descriptions of local authority.]

(4)[F11Subject to subsection (4A),] before making an order under subsection (3), the [F9Welsh Ministers] must consult such representatives of local government and such other persons (if any) as he considers appropriate.

[F12(4A)Subsection (4) does not apply to an order under this section which is made only for the purpose of amending an earlier order under this section—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.]

(5)Before exercising the power under section 2(1), a local authority must have regard to any guidance for the time being issued by the [F9Welsh Ministers] about the exercise of that power.

(6)Before issuing any guidance under subsection (5), the [F9Welsh Ministers] must consult such representatives of local government and such other persons (if any) as he considers appropriate.

F13(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M1Interpretation Act 1978).

Annotations:

Amendments (Textual)

F11Words in s. 3(4) inserted (18.11.2003 for E.; 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 3 para. 12(3); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Modifications etc. (not altering text)

C8S. 3(2) excluded (18.11.2003) by Local Government Act 2003 (c. 26), ss. 93, 128(2)(d)

Commencement Information

I3S. 3 wholly in force at 9.4.2001; s. 3 not in force at Royal Assent see s. 108; s. 3 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 3(3)-(7) in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2; s. 3(1)(2)(8) in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

Marginal Citations

4 Strategies for promoting well-being.E+W

(1)Every local authority [F14in England] must prepare a strategy (referred to in this section as a [F15sustainable community strategy ]) for promoting or improving the economic, social and environmental well-being of their area and contributing to the achievement of sustainable development in the United Kingdom.

(2)A local authority may from time to time modify their [F16sustainable community strategy ].

(3)In preparing or modifying their [F17sustainable community strategy ], a local authority—

(a)must consult and seek the participation of [F18

(i)in the case of a responsible local authority, each partner authority and such other persons as the responsible local authority consider appropriate, or

(ii)in any other case, such persons as the authority consider appropriate, F19...]

[F20(aa)must, if it is a local authority in England, have regard to the following, so far as they relate to the authority's area—

(i)any arrangements made under section 21 of the Child Poverty Act 2010 (co-operation to reduce child poverty in local area);

(ii)any local child poverty needs assessment prepared under section 22 of that Act (local child poverty needs assessment);

(iii)any joint child poverty strategy prepared under section 23 of that Act (joint child poverty strategy for local area), and]

(b)must have regard to any guidance for the time being issued by the Secretary of State.

(4)Before issuing any guidance under this section, the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.

F21(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22(6)In subsection (3)(a), “responsible local authority” and “partner authority”, in relation to a responsible local authority, have the same meanings as in Chapter 1 (local area agreements) of Part 5 of the Local Government and Public Involvement in Health Act 2007 (see sections 103 and 104 of that Act).]

Annotations:

Amendments (Textual)

F15Words in s. 4(1) substituted (23.10.2007) by Sustainable Communities Act 2007 (c. 23), s. 7(1)(2)(a)

F16Words in s. 4(2) substituted (23.10.2007) by Sustainable Communities Act 2007 (c. 23), s. 7(1)(2)(a)

F17Words in s. 4(3) substituted (23.10.2007) by Sustainable Communities Act 2007 (c. 23), s. 7(1)(2)(a)

F19Word in s. 4(3)(a) omitted (25.5.2010) by virtue of Child Poverty Act 2010 (c. 9), ss. 24(a), 31(2)

F20S. 4(3)(aa) inserted (25.5.2010) by Child Poverty Act 2010 (c. 9), ss. 24(b), 31(2)

Modifications etc. (not altering text)

C9S. 4: functions of local authority not to be sole responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

C10S. 4(1) functions made exercisable concurrently (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 8

Commencement Information

I4S. 4 wholly in force at 9.4.2001; s. 4 not in force at Royal Assent see s. 108; s. 4 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 4(3)(b)(4)(5) in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2; s. 4(1)(2)(3)(a) in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

[F234AStrategies: parishesE+W

(1)The duty in section 4 to prepare a community strategy does not apply to an eligible parish council.

F24(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(3)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 Power to amend or repeal enactments.E+W

(1)If the Secretary of State thinks that an enactment (whenever passed or made) prevents or obstructs local authorities from exercising their power under section 2(1) he may by order amend, repeal, revoke or disapply that enactment.

(2)The power under subsection (1) may be exercised in relation to—

(a)all local authorities,

(b)particular local authorities, or

(c)particular descriptions of local authority.

(3)The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.

[F25(4)In exercising the power under subsection (1), the Secretary of State must not make any provision which has effect in relation to Wales unless he has consulted the Welsh Ministers.

(4A)In exercising the power under subsection (1), the Secretary of State—

(a)must not make any provision amending, repealing or disapplying any Measure or Act of the National Assembly for Wales without the consent of the National Assembly for Wales, and

(b)must not make any provision amending, revoking or disapplying subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers.

(4B)Subsection (4A) does not apply to the extent that the Secretary of State is making incidental or consequential provision.]

(5)[F26The Welsh Ministers] may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.

(6)In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M2Interpretation Act 1978).

[F27(7)The reference to local authorities in subsection (1) does not include community councils.]

Annotations:

Amendments (Textual)

F25S. 5(4)-(4B) substituted for s. 5(4) (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 115(3), 245(2)

Commencement Information

I5S. 5 wholly in force at 9.4.2001; s. 5 not in force at Royal Assent see s. 108(4); s. 5 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 5(5) in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2; s. 5(1)-(4)(6) in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

Marginal Citations

Modification of certain enactmentsE+W

6 Power to modify enactments concerning plans etc.E+W

(1)Subject to subsection (3), the Secretary of State may by order amend, repeal, revoke or disapply any enactment (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter [F28so far as that enactment has effect in relation to a local authority in England].

(2)The power under subsection (1) may be exercised in relation to—

(a)all local authorities [F29in England],

(b)particular local authorities [F30in England], or

(c)particular descriptions of local authority [F31in England].

(3)The power under subsection (1) may be exercised in relation to a local authority only if the Secretary of State considers—

(a)that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or

(b)that any such enactment should be amended so that it operates more effectively in relation to the authority.

(4)The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.

F32(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)An order under this section which would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument shall proceed in that House as if it were not such an instrument.

(8)In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

Annotations:

Amendments (Textual)

Commencement Information

I6S. 6 wholly in force at 9.4.2001; s. 6 not in force at Royal Assent see s. 108(4); s. 6 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 6(6) in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2; s. 6(1)-(5)(7)(8) in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

7 Power to modify enactments concerning plans etc: Wales.E+W

(1)Subject to subsections (4) and (6), [F34the Welsh Ministers] may by order amend, repeal, revoke or disapply any enactment [F35(whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter] so far as that enactment has effect in relation to a local authority in Wales.

F36(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The power under subsection (1) may be exercised in relation to—

(a)all local authorities in Wales,

(b)particular local authorities in Wales, or

(c)particular descriptions of local authority in Wales.

(4)The power under subsection (1) may be exercised in relation to a local authority only if [F37the Welsh Ministers consider]

(a)that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or

(b)that any such enactment should be amended so that it operates more effectively in relation to the authority.

(5)The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.

F38(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the M3Interpretation Act 1978).

[F39(8)An order under this section may not make a provision which, if it were a provision of [F40an Act] of the National Assembly for Wales, would be outside the Assembly's legislative competence.

(9)For the purposes of subsection (8), [F41section 108(4) of the Government of Wales Act 2006 (Legislative competence) has effect as if paragraph (a) were omitted].

(10)Subject to subsection (11), a statutory instrument which contains an order under this section is not to be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.

(11)A statutory instrument containing an order under this section which is made only for the purpose of amending an earlier such order—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,

is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

Annotations:

Amendments (Textual)

Commencement Information

I7S. 7 wholly in force at 1.11.2000; s. 7 not in force at Royal Assent see s. 108(4); s. 7 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 7 in force (W.) at 1.11.2000 by S.I. 2000/2948, art. 2

Marginal Citations

8 Modification of section 137 of the 1972 Act.E+W

In section 137 of the M4Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised), for subsection (9) there is substituted—

(9)Subject to subsection (10) below, in this section “local authority” means a parish or community council.

(10)In subsection (3) above “local authority” means—

(a)in relation to England, a county council, a district council, a London borough council, the Common Council or a parish council,

(b)in relation to Wales, a county council, a county borough council or a community council.

Annotations:

Commencement Information

I8S. 8 wholly in force at 9.4.2001; s. 8 not in force at Royal Assent see s. 108(4); s. 8 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 8 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

Marginal Citations

Procedure for orders under section 5 or 6E+W

9 Procedure for orders under section 5 or 6.E+W

(1)Before the Secretary of State makes an order under section 5 or 6 he must consult—

(a)such local authorities,

(b)such representatives of local government, and

(c)such other persons (if any),

as appear to him to be likely to be affected by his proposals.

(2)Where those proposals affect any local authorities in Wales, the Secretary of State must also consult [F42the Welsh Ministers].

(3)If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under section 5 or 6 he must lay before each House of Parliament a document which—

(a)explains his proposals,

(b)sets them out in the form of a draft order,

(c)gives details of consultation under subsection (1), and

(d)where consultation has taken place under subsection (2), sets out the views of [F43the Welsh Ministers].

(4)Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under section 5 or 6 to give effect to the proposals (with or without modifications) is to be laid before Parliament in accordance with section 105(6) until after the expiry of the period of sixty days beginning with the day on which the document was laid.

(5)In calculating the period mentioned in subsection (4) no account is to be taken of any time during which—

(a)Parliament is dissolved or prorogued, or

(b)either House is adjourned for more than four days.

(6)In preparing a draft order under section 5 or 6 the Secretary of State must consider any representations made during the period mentioned in subsection (4).

(7)A draft order under section 5 or 6 which is laid before Parliament in accordance with section 105(6) must be accompanied by a statement of the Secretary of State giving details of—

(a)any representations considered in accordance with subsection (6), and

(b)any changes made to the proposals contained in the document laid before Parliament under subsection (3).

[F44(8)Nothing in this section applies to an order under section 5 or 6 which is made only for the purpose of amending an earlier order under that section—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.]

Annotations:

Amendments (Textual)

Commencement Information

I9S. 9 wholly in force at 9.4.2001; s. 9 not in force at Royal Assent see s. 108(4); s. 9 in force (E.) at 18.10.2000 by S.I. 2000/2836, arts. 1(3), 2(a); s. 9 in force (W.) at 9.4.2001 by S.I. 2001/1471, art. 2

[F459AProcedure for orders under section 7E+W

(1)Before the Welsh Ministers make an order under section 7 they must consult—

(a)such local authorities in Wales,

(b)such representatives of local government in Wales, and

(c)such other persons (if any),

as appear to them to be likely to be affected by their proposals.

(2)If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 7 they must lay before the National Assembly for Wales a document which—

(a)explains their proposals,

(b)sets them out in the form of a draft order, and

(c)gives details of consultation under subsection (1).

(3)Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 7 to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was laid.

(4)In calculating the period mentioned in subsection (3) no account is to be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.

(5)In preparing a draft order under section 7 the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).

(6)A draft order under section 7 which is laid before the National Assembly for Wales must be accompanied by a statement of the Welsh Ministers giving details of—

(a)any representations considered in accordance with subsection (5), and

(b)any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2).

(7)Nothing in this section applies to an order under section 7 which is made only for the purpose of amending an earlier order under that section—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.]

Annotations:

Amendments (Textual)

F46[F46PART 1AE+W+S+N.I.Arrangements with respect to local authority governance in England

Annotations:

Amendments (Textual)

F46Pt. 1A inserted (3.12.2011 for specified purposes, 15.1.2012 for the insertion of Pt. 1A Ch. 4 so far as not already in force and ss. 9B, 9C and 9R for specified purposes, 9.3.2012 for the insertion of ss. 9H-9HE in so far as not already in force and s. 9R for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/57, art. 4(1)(b) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 2(a)

CHAPTER 1E+W+S+N.I.Permitted forms of governance

9BPermitted forms of governance for local authorities in EnglandE+W+S+N.I.

(1)A local authority must operate—

(a)executive arrangements,

(b)a committee system, or

(c)prescribed arrangements.

(2)Executive arrangements must conform with any provisions made by or under this Part which relate to such arrangements (see, in particular, Chapter 2).

(3)A committee system must conform with any provisions made by or under this Part which relate to such a system (see, in particular, Chapter 3).

(4)In this Part—

9BAPower of Secretary of State to prescribe additional permitted governance arrangementsE+W+S+N.I.

(1)The Secretary of State may by regulations make provision prescribing arrangements that local authorities may operate for and in connection with the discharge of their functions.

(2)In particular, the regulations—

(a)must include provision about how, and by whom, the functions of a local authority are to be discharged, and

(b)may include provision enabling functions to be delegated.

(3)Regulations under this section may, in particular, include provision which applies or reproduces (with or without modifications) any provisions of, or any provision made under, Chapters 2 to 4 of this Part.

(4)In considering whether or how to exercise the power in this section, the Secretary of State must have regard to any proposals made under subsection (5).

(5)A local authority may propose to the Secretary of State that the Secretary of State make regulations prescribing arrangements specified in the proposal if the authority considers that the conditions in subsection (6) are met.

(6)The conditions are—

(a)that the operation by the authority of the proposed arrangements would be an improvement on the arrangements which the authority has in place for the discharge of its functions at the time that the proposal is made to the Secretary of State,

(b)that the operation by the authority of the proposed arrangements would be likely to ensure that the decisions of the authority are taken in an efficient, transparent and accountable way, and

(c)that the arrangements, if prescribed under this section, would be appropriate for all local authorities, or for any particular description of local authority, to consider.

(7)A proposal under subsection (5)—

(a)must describe the provision which the authority considers should be made under subsection (2) in relation to the proposed arrangements, and

(b)explain why the conditions in subsection (6) are met in relation to the proposed arrangements.

CHAPTER 2E+W+S+N.I.Executive arrangements

Local authority executivesE+W+S+N.I.

9CLocal authority executivesE+W+S+N.I.

(1)The executive of a local authority must take a form specified in subsection (2) or (3).

(2)The executive may consist of—

(a)an elected mayor of the authority, and

(b)two or more councillors of the authority appointed to the executive by the elected mayor.

Such an executive is referred to in this Part as a mayor and cabinet executive.

(3)The executive may consist of—

(a)a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and

(b)two or more councillors of the authority appointed to the executive by the executive leader.

Such an executive is referred to in this Part as a leader and cabinet executive (England).

(4)A local authority executive may not include the chairman or vice-chairman of the authority.

(5)The number of members of a local authority executive may not exceed 10 or such other number as may be specified in regulations made by the Secretary of State.

(6)Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under subsection (3)(a).

Executive functionsE+W+S+N.I.

9DFunctions which are the responsibility of an executiveE+W+S+N.I.

(1)This section has effect for the purposes of determining which of the functions of a local authority that operates executive arrangements are the responsibility of an executive of the authority under those arrangements.

(2)Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of the local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.

(3)The Secretary of State may by regulations make provision for any function of a local authority specified in the regulations—

(a)to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,

(b)to be a function which may be the responsibility of such an executive under such arrangements, or

(c)to be a function which—

(i)to the extent provided by the regulations, is to be the responsibility of such an executive under such arrangements, and

(ii)to the extent provided by the regulations, is not to be the responsibility of such an executive under such arrangements.

(4)Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—

(a)to be a function which is to be the responsibility of an executive of the authority,

(b)to be a function which is not to be the responsibility of such an executive, or

(c)to be a function which—

(i)to the extent provided by the arrangements, is to be the responsibility of such an executive, and

(ii)to the extent provided by the arrangements, is not to be the responsibility of such executive.

(5)The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority that operates executive arrangements—

(a)to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of the local authority, and

(b)to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.

(6)The Secretary of State may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.

(7)A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the Local Government Act 1972, or any provision of that section, does not apply to that function.

(8)Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.

(9)In this section—

9DAFunctions of an executive: further provisionE+W+S+N.I.

(1)Any reference in the following provisions of this Chapter to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of section 9D, the responsibility of the executive under such arrangements.

(2)Any function which is the responsibility of an executive of a local authority under executive arrangements—

(a)is to be regarded as exercisable by the executive on behalf of the authority, and

(b)may be discharged only in accordance with any provisions made by or under this Part or section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England) which apply to the discharge of any such function by that form of executive.

(3)Accordingly, any function which is the responsibility of an executive of a local authority under executive arrangements—

(a)may not be discharged by the authority,

(b)is not to be a function to which section 101(1) of the Local Government Act 1972 applies, and

(c)may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 9EB.

(4)Subject to any provision made under subsection (5), any function of a local authority that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Chapter.

(5)The Secretary of State may by regulations make provision with respect to the discharge of any function of a local authority that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the local authority (including provision disapplying section 101 of the Local Government Act 1972 or any provision of that section).

(6)In this section “function” has the same meaning as in section 9D.

Discharge of functionsE+W+S+N.I.

9EDischarge of functions: generalE+W+S+N.I.

(1)Subject to any provision made under section 9EA or 9EB, any functions which, under executive arrangements, are the responsibility of—

(a)a mayor and cabinet executive, or

(b)a leader and cabinet executive (England),

are to be discharged in accordance with this section.

(2)The senior executive member—

(a)may discharge any of those functions, or

(b)may arrange for the discharge of any of those functions—

(i)by the executive,

(ii)by another member of the executive,

(iii)by a committee of the executive,

(iv)by an area committee, or

(v)by an officer of the authority.

(3)Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the senior executive member otherwise directs, the executive may arrange for the discharge of any of those functions—

(a)by a committee of the executive,

(b)by an area committee, or

(c)by an officer of the authority.

(4)Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the senior executive member otherwise directs, the member who may discharge the functions may arrange for the discharge of any of those functions—

(a)by an area committee, or

(b)by an officer of the authority.

(5)Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions—

(a)by an area committee, or

(b)by an officer of the authority.

(6)Where by virtue of this section any functions may be discharged by an area committee, then, unless the senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.

(7)Any arrangements made by virtue of this section by a senior executive member, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the senior executive member, executive, member or committee by whom the arrangements are made from exercising those functions.

(8)In this section—

(9)A committee or sub-committee of a local authority satisfies the conditions in this subsection if—

(a)the committee or sub-committee is established to discharge functions in respect of part of the area of the authority, and

(b)the members of the committee or sub-committee who are members of the authority are elected for electoral divisions or wards which fall wholly or partly within that part.

9EADischarge of functions of and by another local authorityE+W+S+N.I.

(1)The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive—

(a)by a relevant authority (other than the local authority), or

(b)by a relevant executive (other than an executive of the local authority) or a committee or specified member of such an executive.

(2)The Secretary of State may by regulations make provision for or in connection with enabling a relevant authority in England to arrange for the discharge of any of its functions by a relevant executive (other than an executive of the relevant authority) or a committee or specified member of such an executive.

(3)The reference in subsection (2) to the functions of a relevant authority in England, in a case where the authority is operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority's executive.

(4)Regulations under subsection (1) or (2) may, in particular, include provision—

(a)requiring, in the case of arrangements for the discharge of any functions by a relevant executive or a committee or member of such an executive, the approval of the authority of which the executive is part to such arrangements;

(b)which, in the case of arrangements for the discharge of any functions by a relevant authority, enables any of those functions to be delegated;

(c)which, in the case of arrangements for the discharge of any functions by a relevant executive or a committee or member of such an executive, enables any of those functions to be delegated.

(5)The provision made under subsection (4)(b) may, in particular, apply or reproduce (with or without modifications) any provisions of section 101(2) to (4) of the Local Government Act 1972.

(6)The provision made under subsection (4)(c) may, in particular, apply or reproduce (with or without modifications) any provisions of section 9E.

(7)In this section—

9EBJoint exercise of functionsE+W+S+N.I.

(1)The Secretary of State may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.

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

(a)as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,

(b)as to the circumstances in which—

(i)the authority, and

(ii)the executive or a committee or specified member of the executive,

are both to be parties to the arrangements,

(c)as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of the Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,

(d)as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,

(e)as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,

(f)as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a committee or specified member of the executive.

(3)In this section “specified” means specified in regulations under this section.

Overview and scrutiny committeesE+W+S+N.I.

9FOverview and scrutiny committees: functionsE+W+S+N.I.

(1)Executive arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority (referred to in this Chapter as overview and scrutiny committees).

(2)Executive arrangements by a local authority must ensure that its overview and scrutiny committee has power (or its overview and scrutiny committees, and any joint overview and scrutiny committees, have power between them)—

(a)to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the executive,

(b)to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are the responsibility of the executive,

(c)to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive,

(d)to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are not the responsibility of the executive,

(e)to make reports or recommendations to the authority or the executive on matters which affect the authority's area or the inhabitants of that area,

(f)[F47in the case of the overview and scrutiny committee, or committees, of an authority to which section 244 of the National Health Service Act 2006 applies—

(i)to review and scrutinise, in accordance with regulations under that section, matters relating to the health service (within the meaning given by that Act as extended by that section) in the authority's area, and

(ii)to make reports and recommendations on such matters in accordance with the regulations.]

(3)In subsection (2) “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—

(a)[F48a joint overview and scrutiny committee within the meaning given by subsection (2)(a) of section 245 of the National Health Service Act 2006 appointed by the authority concerned and one or more other local authorities,]

(b)[F49an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given by subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, or]

(c)a joint overview and scrutiny committee within the meaning of section 123 of the Local Government and Public Involvement in Health Act 2007 (joint overview and scrutiny committees) appointed by two or more local authorities including the authority concerned.

(4)The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented includes power—

(a)to recommend that the decision be reconsidered by the person who made it, or

(b)to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the authority.

(5)An overview and scrutiny committee of a local authority may not discharge any functions other than—

(a)its functions under this section and sections 9FA to 9FI, [F50or]

(b)its functions under section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters)[F51or

(c)any functions which may be conferred on it by virtue of regulations under section 244(2ZE) of the National Health Service Act 2006 (local authority scrutiny of health matters).]

Annotations:

Amendments (Textual)

F47S. 9F(2)(f) omitted (27.3.2012 for specified purposes) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(10)(a), 306(1)(d)(4)

F48S. 9F(3)(a) omitted (27.3.2012 for specified purposes) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(10)(b), 306(1)(d)(4)

F49S. 9F(3)(b) omitted (27.3.2012 for specified purposes) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(10)(b), 306(1)(d)(4)

F50Word in s. 9F(5) omitted (27.3.2012 for specified purposes) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(10)(c), 306(1)(d)(4)

F51S. 9F(5)(c) and word inserted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 190(10)(c), 306(1)(d)(4)

9FAOverview and scrutiny committees: supplementary provisionE+W+S+N.I.

(1)An overview and scrutiny committee of a local authority—

(a)may appoint one or more sub-committees, and

(b)may arrange for the discharge of any of its functions by any such sub-committee.

(2)A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (1)(b).

(3)An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, may not include any member of the authority's executive.

(4)An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority.

(5)Subject to any provision made by or under paragraphs 6 to 8 of Schedule A1 and to section 20(6) of the Police and Justice Act 2006, any persons who are not members of the local authority are not entitled to vote at any meeting of its overview and scrutiny committee, or any sub-committee of such a committee, on any question which falls to be decided at that meeting, unless permitted to do so under paragraphs 11 and 12 of that Schedule.

(6)An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated—

(a)as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and

(b)as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

(7)Subsections (2) and (5) of section 102 of the Local Government Act 1972 apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.

(8)An overview and scrutiny committee of a local authority or a sub-committee of such a committee—

(a)may require members of the executive, and officers of the authority, to attend before it to answer questions,

(b)may require any other member of the authority to attend before it to answer questions relating to any function which is exercisable by the member by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and

(c)may invite other persons to attend meetings of the committee.

(9)It is the duty of any member or officer mentioned in paragraph (a) or (b) of subsection (8) to comply with any requirement mentioned in that paragraph.

(10)A person is not obliged by subsection (9) to answer any question which the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.

(11)In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State.

(12)Guidance under subsection (11) may make different provision for different cases or for different descriptions of committee or sub-committee.

9FBScrutiny officersE+W+S+N.I.

(1)Subject as follows, a local authority must designate one of its officers to discharge the functions in subsection (2).

(2)Those functions are—

(a)to promote the role of the authority's overview and scrutiny committee or committees,

(b)to provide support to the authority's overview and scrutiny committee or committees and the members of that committee or those committees,

(c)to provide support and guidance to—

(i)members of the authority,

(ii)members of the executive of the authority, and

(iii)officers of the authority,

in relation to the functions of the authority's overview and scrutiny committee or committees.

(3)An officer designated by a local authority under this section is to be known as the authority's “scrutiny officer”.

(4)A local authority may not designate any of the following under this section—

(a)the head of the authority's paid service designated under section 4 of the Local Government and Housing Act 1989;

(b)the authority's monitoring officer designated under section 5 of that Act;

(c)the authority's chief finance officer, within the meaning of that section.

(5)The duty in subsection (1) does not apply to a district council for an area for which there is a county council.

(6)In this section, references to an overview and scrutiny committee include any sub-committee of that committee.

9FCReference of matters to overview and scrutiny committee etcE+W+S+N.I.

(1)Executive arrangements by a local authority must include provision which—

(a)enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee,

(b)enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and

(c)enables any member of the authority to refer to an overview and scrutiny committee of the authority of which the member of the authority is not a member any matter which is relevant to the functions of the committee and is not an excluded matter.

(2)For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables the person to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.

(3)In considering whether to exercise the power which a member of an authority has by virtue of subsection (1)(c) in any case, the member must have regard to any guidance for the time being issued by the Secretary of State.

(4)Guidance under subsection (3) may make different provision for different cases.

(5)In subsection (1)(c) “excluded matter” means any matter which is—

(a)a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)a matter of any description specified in an order made by the Secretary of State for the purposes of this section.

9FDDealing with references under section 9FC(1)(c)E+W+S+N.I.

(1)This section applies where a matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to section 9FC(1)(c).

(2)In considering whether or not to exercise any of its powers under section 9F(2) in relation to the matter, the committee may have regard to—

(a)any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and

(b)any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 9F(2) in relation to the matter.

(3)If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—

(a)its decision, and

(b)the reasons for it.

(4)The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 9F(2) in relation to the matter.

(5)Subsection (4) is subject to section 9FG (confidential and exempt information).

9FEDuty of authority or executive to respond to overview and scrutiny committeeE+W+S+N.I.

(1)This section applies where an overview and scrutiny committee of a local authority makes a report or recommendations to the authority or the executive, otherwise than—

(a)by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)by virtue of subsection (3)(a) of that section.

(2)The overview and scrutiny committee may publish the report or recommendations.

(3)The overview and scrutiny committee must by notice in writing require the authority or executive—

(a)to consider the report or recommendations,

(b)to respond to the overview and scrutiny committee indicating what (if any) action the authority, or the executive, proposes to take,

(c)if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response, and

(d)if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 9FD(4), to provide the member with a copy of the response.

(4)The notice served under subsection (3) must require the authority or executive to comply with it within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice.

(5)It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.

(6)Subsections (2) and (5) are subject to section 9FG and to any provision made under section 9GA(8) (confidential and exempt information).

(7)In this section—

(a)references to an overview and scrutiny committee include references to a sub-committee of such a committee;

(b)references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority.

9FFReports and recommendations of overview and scrutiny committees: duties of certain partner authoritiesE+W+S+N.I.

(1)This section applies where—

(a)a relevant committee makes a report or recommendations to the authority or the executive, otherwise than—

(i)by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(ii)by virtue of subsection (3)(a) of that section, and

(b)the report or any of the recommendations relates to functions of a relevant partner authority so far as exercisable in relation to—

(i)the authority's area, or

(ii)the inhabitants of that area.

(2)The relevant committee may by notice in writing to the relevant partner authority require the relevant partner authority to have regard to the report or recommendation in question in exercising its functions.

(3)A notice under subsection (2) must be accompanied by a copy of the report or recommendations.

(4)It is the duty of a relevant partner authority to which a notice is given under subsection (2) to comply with the requirement specified in the notice.

(5)Subsection (2) does not apply if—

(a)the relevant partner authority is a health service body, and

(b)either—

(i)the relevant committee is a non-unitary district council committee, or

(ii)by virtue of section 244 of the National Health Service Act 2006, the report was, or the recommendations were, made to the health service body (as well as to the authority or the executive).

(6)In subsection (5) “health service body” means—

(a)a National Health Service trust,

(b)an NHS foundation trust, or

(c)a Primary Care Trust.

(7)Subsections (2) and (3) are subject to section 9FG (confidential and exempt information).

(8)In this section—

9FGPublication etc of reports, recommendations and responses: confidential and exempt informationE+W+S+N.I.

(1)This section applies to—

(a)the publication under section 9FE of any document comprising—

(i)a report or recommendations of an overview and scrutiny committee, or

(ii)a response of a local authority to any such report or recommendations, and

(b)the provision of a copy of such a document—

(i)to a member of a local authority under section 9FD(4) or section 9FE, or

(ii)to a relevant partner authority under section 9FF,

by an overview and scrutiny committee or a local authority.

(2)The overview and scrutiny committee or the local authority, in publishing the document or providing a copy of the document to a relevant partner authority—

(a)must exclude any confidential information, and

(b)may exclude any relevant exempt information.

(3)The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information.

(4)Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document—

(a)may replace so much of the document as discloses the information with a summary which does not disclose that information, and

(b)must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.

(5)Subsection (6) applies if, by virtue of subsection (2), (3) or (4), an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—

(a)excludes information, or

(b)replaces part of the report or recommendations with a summary.

(6)The overview and scrutiny committee is nevertheless to be taken for the purposes of section 9FE(3)(c) or (d) to have published or provided a copy of the report or recommendations.

(7)In this section, references to relevant exempt information are references to—

(a)in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and

(b)in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered.

(8)In this section—

(9)In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.

9FHOverview and scrutiny committees: flood risk managementE+W+S+N.I.

(1)This section applies to a local authority that operates executive arrangements and that is a lead local flood authority.

(2)The arrangements required under section 9F(2) include arrangements to review and scrutinise the exercise by risk management authorities of flood risk management functions or coastal erosion risk management functions which may affect the local authority's area.

(3)A risk management authority must comply with a request made by an overview and scrutiny committee, in the course of arrangements under subsection (2), for—

(a)information;

(b)a response to a report.

(4)The Secretary of State may make regulations about the duty under subsection (3) which may, in particular, include provision—

(a)about the procedure to be followed in relation to requests and compliance with them,

(b)about notices to be served in relation to requests,

(c)for exemptions from the duty,

(d)requiring persons to attend to give information orally,

(e)about the nature of the information and responses that may be requested, and

(f)about the publication of requests, information and responses.

(5)A risk management authority must have regard to reports and recommendations of an overview and scrutiny committee made in the course of arrangements under subsection (2).

(6)Regulations under section 123 of the Local Government and Public Involvement in Health Act 2007 may make provision about the application of this section in relation to joint overview and scrutiny committees.

(7)Expressions used in this section have the same meaning as in Part 1 of the Flood and Water Management Act 2010.

9FIOverview and scrutiny committees: provision of information etc by certain partner authoritiesE+W+S+N.I.

(1)The Secretary of State may by regulations make provision, in relation to a relevant committee—

(a)as to information which relevant partner authorities must provide to the relevant committee, and

(b)as to information which may not be disclosed by a relevant partner authority to the relevant committee.

(2)In subsection (1), references to information do not include information in respect of which provision may be made in exercise of the power conferred by—

(a)section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters), or

(b)section 244(2)(d) or (e) of the National Health Service Act 2006 (functions of overview and scrutiny committees).

(3)For the purposes of subsection (1), “relevant committee” and “relevant partner authority” have the meanings given by section 9FF.

(4)Regulations under this section may make different provision in relation to different persons or committees or descriptions of person or committee.

(5)The power conferred by subsection (4) does not affect the power conferred by section 105(2)(b).

Further provision in relation to executivesE+W+S+N.I.

9GMeetings and access to information etcE+W+S+N.I.

(1)Meetings of a local authority executive, or a committee of such an executive, are to be open to the public or held in private.

(2)Subject to regulations under section 9GA(4), it is for a local authority executive to decide which of its meetings, and which of the meetings of any committee of the executive, are to be open to the public and which of those meetings are to be held in private.

(3)A written record must be kept of prescribed decisions made at meetings of local authority executives, or committees of such executives, which are held in private.

(4)A written record must be kept of prescribed decisions made by individual members of local authority executives.

(5)Written records under subsection (3) or (4) must include reasons for the decisions to which they relate.

(6)In this section “prescribed” means prescribed by regulations made by the Secretary of State.

9GAMeetings and access to information etc: further provision and regulationsE+W+S+N.I.

(1)Written records under section 9G(3) and (4), together with such reports, background papers or other documents as may be prescribed, must be made available to members of the public in accordance with regulations made by the Secretary of State.

(2)Regulations under subsection (1) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.

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

(a)with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),

(b)for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,

(c)for or in connection with requiring written records falling within paragraph (b) to include reasons,

(d)for or in connection with requiring any such written records to be made available to members of the public,

(e)for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.

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

(a)as to the circumstances in which meetings mentioned in section 9G(2), or particular proceedings at such meetings, must be open to the public,

(b)as to the circumstances in which meetings mentioned in section 9G(2), or particular proceedings at such meetings, must be held in private,

(c)with respect to the information which is to be included in written records kept by virtue of this section or section 9G,

(d)with respect to the reasons which are to be included in any such written records,

(e)with respect to the persons who are to produce, keep or make available any such written records,

(f)for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,

(g)for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,

(h)for or in connection with requiring information to be made available by electronic means,

(i)for or in connection with conferring rights on members of the public or members of local authorities, overview and scrutiny committees or sub-committees in relation to records or documents,

(j)for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section or section 9G.

(5)The Secretary of State may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public or members of the authority.

(6)The provision which may be made under subsection (5) includes provision—

(a)requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,

(b)as to the way or form in which prescribed information is to be made available.

(7)The Secretary of State may by regulations make provision which, in relation to meetings of—

(a)local authority executives or committees of such executives, or

(b)joint committees, or sub-committees of such committees, falling within subsection (3)(a),

applies or reproduces (with or without modifications) any provisions of Part 5A of the Local Government Act 1972.

(8)The Secretary of State may by regulations make provision, in relation to—

(a)the publication by executives of local authorities under section 9FE of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or

(b)the provision by such executives under that section of copies of such responses,

which applies or reproduces (with or without modifications) any provisions of section 9FG (confidential and exempt information).

(9)In this section—

9GBFurther provisionE+W+S+N.I.

Schedule A1 (which makes further provision in relation to executive arrangements under this Part) has effect.

9GCAbsence of requirement for political balanceE+W+S+N.I.

Neither—

(a)a local authority executive, nor

(b)a committee of a local authority executive,

is to be regarded as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

Elected mayors etcE+W+S+N.I.

9HElected mayors etcE+W+S+N.I.

(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 is to be entitled to the style of “mayor”.

(3)A reference in any enactment (whenever passed or made) to—

(a)a member of a local authority, or

(b)a councillor of a local authority,

does not include a reference to an elected mayor of the authority.

(4)But subsection (3) is subject to—

(a)regulations made by the Secretary of State under this paragraph which provide that an elected mayor is to be treated as a member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and

(b)any other contrary intention that appears in any enactment (whenever passed or made).

(5)Section 2(2A) of, and paragraph 5C(1) of Schedule 2 to, the Local Government Act 1972 are not to be taken to indicate any contrary intention for the purposes of subsection (4)(b).

(6)Elections for the return of an elected mayor are to take place on the ordinary day of election in each of the relevant election years.

(7)The term of office of an elected mayor of a local authority is to be four years.

(8)This section is subject to regulations under section 9HB or 9HE.

9HAElection as elected mayor and councillorE+W+S+N.I.

(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 arises 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 the person is a candidate in both such elections and is returned both as the elected mayor and as a councillor.

9HBTime of elections etcE+W+S+N.I.

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 may or must take place,

(b)as to the intervals between elections for the return of elected mayors,

(c)as to the term of office of elected mayors, and

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

9HCVoting at elections of elected mayorsE+W+S+N.I.

(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.

9HDEntitlement to voteE+W+S+N.I.

(1)The persons entitled to vote as electors at an election for the return of an elected mayor 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.

9HEPower to make provision about electionsE+W+S+N.I.

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

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

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

(2)Regulations made under subsection (1)(a) may, in particular, include 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), and

(d)for the combination of polls at elections for the return of elected mayors and other elections.

(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, 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)Before making any regulations under this section, the Secretary of State must consult the Electoral Commission.

(5)In addition, the power of the Secretary of State to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.

(6)No return of an elected mayor at an election is to be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied by or incorporated in regulations under this section.

Leader and cabinet executives (England)E+W+S+N.I.

9IElection and term of office of leaderE+W+S+N.I.

Executive arrangements by a local authority which provide for a leader and cabinet executive (England)—

(a)must include provision with respect to the election of the executive leader, including provision for an election where there is a vacancy in the office of executive leader, and

(b)may include provision with respect to the term of office of the executive leader.

9IARemoval of leaderE+W+S+N.I.

(1)Executive arrangements by a local authority which provide for a leader and cabinet executive (England) must include provision for the council to remove the executive leader by resolution.

(2)If a council passes a resolution to remove the executive leader, a new executive leader is to be elected—

(a)at the meeting at which the leader is removed from office, or

(b)at a subsequent meeting.

9IBLeader to continue to hold office as councillorE+W+S+N.I.

(1)A person who is the executive leader of a leader and cabinet executive (England) remains a member of the council during the period that the person is the executive leader.

(2)Accordingly, any enactment which provides for the person's 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).

9ICNo other means of removing leaderE+W+S+N.I.

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

(2)An executive leader may not be removed from office except in accordance with section 9IA or regulations under section 9ID.

9IDRegulationsE+W+S+N.I.

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

(a)as to the election and removal from office of executive leaders of leader and cabinet executives (England),

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

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

(2)Sections 9I to 9IC are subject to regulations under this section.

CHAPTER 3E+W+S+N.I.The committee system

9JSecretary of State's power to prohibit delegation of functions etcE+W+S+N.I.

(1)The Secretary of State may by regulations—

(a)specify or describe any function of a committee system local authority that is to be a non-delegable function;

(b)specify or describe cases or circumstances in which any specified or described function of a committee system local authority is to be a non-delegable function;

(c)specify or describe any action in connection with the discharge of a function of a committee system local authority that is to be a non-delegable action;

(d)specify or describe cases or circumstances in which any specified or described action in connection with the discharge of a function of a committee system local authority is to be a non-delegable action.

(2)If a function or action is non-delegable—

(a)it must be carried out by the local authority, and

(b)such provisions of section 101 of the Local Government Act 1972 as may be specified in regulations under this section do not apply to it.

(3)In this Part “committee system local authority” means a local authority that operates a committee system.

(4)For the purposes of this section, something is specified or described if it is specified or described in regulations made by the Secretary of State under this section.

(5)In this section—

9JAOverview and scrutiny committeeE+W+S+N.I.

(1)A committee system local authority may by resolution appoint one or more committees as the authority's overview and scrutiny committee or, as the case may be, committees.

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

(a)the functions, composition and procedure of a committee that has been appointed as an overview and scrutiny committee under this section, and

(b)the appointment by committee system local authorities of joint committees and sub-committees as overview and scrutiny committees.

(3)Provision under subsection (2) may, in particular, include provision which applies or reproduces (with or without modifications) any provision of, or made under, sections 9F to 9FI or paragraphs 6 to 13 of Schedule A1.

9JBOverview and scrutiny: flood risk managementE+W+S+N.I.

(1)A committee system local authority that is a lead local flood authority must review and scrutinise the exercise by risk management authorities of—

(a)flood risk management functions, or

(b)coastal erosion risk management functions,

which may affect the local authority's area.

(2)A local authority may issue such reports and recommendations as it considers appropriate in the course of exercising the function in subsection (1).

(3)A risk management authority must comply with a request made by a local authority in the course of exercising the function in subsection (1) for—

(a)information;

(b)a response to a report.

(4)The Secretary of State may make regulations about the duty under subsection (3) which may, in particular, include provision—

(a)about the procedure to be followed in relation to requests and compliance with them,

(b)about notices to be served in relation to requests,

(c)for exemptions from the duty,

(d)requiring persons to attend to give information orally,

(e)about the nature of the information and responses that may be requested, and

(f)about the publication of requests, information and responses.

(5)A risk management authority must have regard to any reports or recommendations mentioned in subsection (2) that relate to it.

(6)Expressions used in this section have the same meaning as in Part 1 of the Flood and Water Management Act 2010.

CHAPTER 4E+W+S+N.I.Changing governance arrangements

Changes to governance arrangements by local authorities: general provisionE+W+S+N.I.

9KChanging from one form of governance to anotherE+W+S+N.I.

(1)A local authority may—

(a)cease to operate its existing form of governance, and

(b)start to operate a different form of governance.

(2)This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).

9KAExecutive arrangements: different form of executiveE+W+S+N.I.

(1)A local authority which operates executive arrangements may—

(a)vary the arrangements so that they provide for a different form of executive, and

(b)if it makes such a variation, vary the arrangements in such other respects (if any) as it considers appropriate.

(2)This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).

9KBExecutive arrangements: other variation of arrangementsE+W+S+N.I.

A local authority which operates executive arrangements may vary those arrangements so that they—

(a)differ from the existing arrangements in any respect, but

(b)still provide for the same form of executive.

9KCResolution of local authorityE+W+S+N.I.

(1)A resolution of a local authority is required in order for the authority to make a change in governance arrangements.

(2)As soon as practicable after passing such a resolution a local authority must—

(a)secure that copies of a document setting out the provisions of the arrangements that are to have effect following the resolution are available at its principal office for inspection by members of the public, and

(b)publish in one or more newspapers circulating in its area a notice which—

(i)states that the authority has resolved to make a change in its governance arrangements,

(ii)states the date on which the change is to have effect,

(iii)describes the main features of the change,

(iv)states that copies of a document setting out the provisions of the arrangements that are to have effect following the resolution are available at the authority's principal office for inspection by members of the public, and

(v)specifies the address of the authority's principal office.

(3)Subsection (4) applies if a local authority passes a resolution in accordance with this section (“Resolution A”) which makes a change in governance arrangements of the kind set out in—

(a)section 9K (change from one form of governance to another), or

(b)section 9KA (change to a different form of executive).

(4)The local authority may not pass another resolution that makes a change in governance arrangements of a kind mentioned in subsection (3) (“Resolution B”) before the end of the period of 5 years beginning with the date Resolution A is passed, unless Resolution B is approved in a referendum held in accordance with this Chapter.

(5)This section does not apply to a change in governance arrangements effected by an order under section 9N (power by order to require, and give effect to, referendum on change to mayor and cabinet executive).

Annotations:

Modifications etc. (not altering text)

Implementation of certain changes to governance arrangementsE+W+S+N.I.

9LImplementation: change in form of governance or change in form of executiveE+W+S+N.I.

(1)This section applies if a local authority passes a resolution which makes a change in governance arrangements of the kind set out in—

(a)section 9K (change from one form of governance to another), or

(b)section 9KA (change to a different form of executive).

(2)At a relevant change time, the local authority must—

(a)cease operating the old form of governance or (as the case may be) old form of executive, and

(b)start operating the form of governance or (as the case may be) form of executive which the change in governance arrangements provides for.

(3)Subject to subsection (2) and section 9MB(2), the local authority may take steps for the purposes of preparing for the change or implementing it (including steps relating to transitional arrangements).

(4)If the local authority is not currently operating a mayor and cabinet executive and the change does not provide for the local authority to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during—

(a)the first annual meeting of the local authority to be held after the resolution to make the change in governance arrangements is passed, or

(b)a later annual meeting of the local authority specified in that resolution.

(5)If the local authority is not currently operating a mayor and cabinet executive and the change provides for the local authority to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is—

(a)a time during the third day after the day of the declaration of the result of the poll at the first election of the mayor, or

(b)if a person is returned as the mayor at that first election without a poll being taken, a time during the third day after the day on which a poll would have been taken.

(6)If the local authority is currently operating a mayor and cabinet executive and the change provides for the local authority to cease to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during the third day after the day on which the next ordinary election of a mayor was expected to be held when the resolution to make the change in governance arrangements was passed.

ReferendumsE+W+S+N.I.

9MCases in which change is subject to approval in a referendum in accordance with sections 9MA and 9MBE+W+S+N.I.

(1)A change in governance arrangements which a local authority proposes to make by resolution is subject to approval in a referendum in either of the following cases.

(2)The first case is where—

(a)the proposed change in governance arrangements is of a kind set out in—

(i)section 9K (change from one form of governance to another), or

(ii)section 9KA (change to a different form of executive), and

(b)the implementation of the local authority's existing form of governance or existing form of executive was approved in a referendum under this Chapter.

(3)The second case is where the local authority resolves that a proposed change in governance arrangements is to be subject to approval in a referendum.

9MAReferendum: proposals by local authorityE+W+S+N.I.

(1)This section applies to a local authority which wishes to make a change in governance arrangements that is subject to approval in a referendum under section 9M.

(2)The local authority must draw up proposals for the change.

(3)The proposals must include—

(a)a timetable with respect to the implementation of the proposals,

(b)details of any transitional arrangements which are necessary for the implementation of the proposals, and

(c)a statement that the change in governance arrangements is to be subject to approval in a referendum.

(4)Subsections (5) and (6) apply where the proposed change in governance arrangements is of the kind set out in—

(a)section 9K (change from one form of governance to another), or

(b)section 9KA (change to a different form of executive).

(5)If the proposed change in governance arrangements would result in the local authority having executive arrangements, the proposals must state the extent to which the functions specified in regulations under section 9D(3)(b) are to be the responsibility of the executive which will be operated if the proposals are implemented.

(6)The proposals (particularly any provision about timetables and transitional matters included in accordance with subsection (3)) must be such as to ensure that the proposed change can take effect (so far as required to) in accordance with section 9L(2).

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

(a)secure that copies of a document setting out the proposals are available at its 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 the authority's 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 authority's principal office.

9MBRequirement to hold and give effect to referendumE+W+S+N.I.

(1)This section applies to a local authority which wishes to make a change in governance arrangements that is subject to approval in a referendum under section 9M.

(2)The local authority must, after complying with section 9MA(7), hold a referendum on its proposals before taking any steps to implement them.

(3)The local authority may not pass a resolution which makes the proposed change unless the result of the referendum is to approve the proposals.

(4)Any such resolution must be passed within the period of 28 days beginning with the day when the referendum is held.

(5)Any such resolution must be passed at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object.

9MCReferendum following petitionE+W+S+N.I.

(1)The Secretary of State may by regulations make provision for or in connection with requiring a local authority which receives 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 have a relevant type of governance arrangement.

(2)Regulations under subsection (1) may, in particular, include 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)Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.

(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)This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).

9MDReferendum following directionE+W+S+N.I.

(1)The Secretary of State may by regulations make provision for or in connection with enabling the Secretary of State, in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether it should have a relevant type of governance arrangements specified in the direction.

(2)Regulations under this section may, in particular, include 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,

(c)as to the action which may, may not or must be taken by a local authority after a referendum, and

(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)Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.

(4)This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).

9MEReferendum following orderE+W+S+N.I.

(1)The Secretary of State may by order make provision requiring every local authority, or every local authority falling within a description of authority specified in the order, to hold a referendum on whether they should have a relevant type of governance arrangements specified in the order.

(2)An order under this section may, in particular, include 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,

(c)as to the action which may, may not or must be taken by a local authority after a referendum, and

(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)Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.

(4)This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).

9MFFurther provision with respect to referendumsE+W+S+N.I.

(1)If a local authority holds a referendum under this Chapter (“Referendum A”) it may not hold, or be required to hold, another referendum under this Chapter (“Referendum B”) within the period of ten years beginning with the date of Referendum A, unless subsection (2) or (3) applies.

(2)This subsection applies if—

(a)Referendum A was held by the authority by virtue of an order under section 9N (power by order to require, and give effect to, referendum on change to mayor and cabinet executive), and

(b)the proposal for the authority to operate a mayor and cabinet executive was rejected in Referendum A.

(3)This subsection applies if Referendum B is required to be held by virtue of an order made under section 9N.

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

(5)If the result of a referendum held by virtue of regulations, an order or a direction made under any provision of this Chapter is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals.

(6)Subsections (4) and (5) do not apply to a referendum held by virtue of section 9N (but see section 9N(2)(c)).

9MGVoting in and conduct of referendumsE+W+S+N.I.

(1)The persons entitled to vote in a referendum held by a local authority under this Chapter 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.

(2)The Secretary of State may by regulations make provision as to the conduct of referendums under this Chapter.

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

(4)Regulations under subsection (2) or (3) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.

(5)Regulations under subsection (2) may, in particular, include 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.

(6)Before making any regulations under this section that include provision as to the question to be asked in a referendum, the Secretary of State must consult the Electoral Commission.

Further provisions as to mayor and cabinet executiveE+W+S+N.I.

9NRequiring referendum on change to mayor and cabinet executiveE+W+S+N.I.

(1)The Secretary of State may by order require a specified local authority to hold a referendum on whether the authority should operate a mayor and cabinet executive.

(2)An order under this section may include 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,

(c)as to the effect of a referendum and the action which may, may not or must be taken by a local authority after 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)Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.

(4)In this section “specified” means specified in an order made by the Secretary of State under this section.

9NAEffect of section 9N orderE+W+S+N.I.

(1)Subject as follows, the provisions of this Chapter listed in subsection (2) do not apply to a local authority in relation to whom an order under section 9N has been made (and has not been revoked) unless the proposal for the authority to operate a mayor and cabinet executive has been rejected in the referendum held under the order.

(2)Those provisions are—

(a)section 9K (changing from one form of governance to another);

(b)section 9KA (executive arrangements: different form of executive);

(c)section 9MC (referendum following petition);

(d)section 9MD (referendum following direction);

(e)section 9ME (referendum following order).

9NBVariation of mayoral executiveE+W+S+N.I.

(1)This section applies to a change in governance arrangements of the kind set out in section 9KB (variation of executive arrangements) if the local authority is operating a mayor and cabinet executive.

(2)The local authority may not resolve to make a change in governance arrangements unless the elected mayor has given written consent to the proposed change.

MiscellaneousE+W+S+N.I.

9OGeneralE+W+S+N.I.

(1)A local authority may not—

(a)cease to operate a form of governance, or

(b)vary executive arrangements,

other than in accordance with this Chapter.

(2)In making a change in governance arrangements, the local authority must comply with any directions given by the Secretary of State in connection with the making of such a change.

9OAInterpretationE+W+S+N.I.

(1)This section applies for the purposes of this Chapter.

(2)References to a change in governance arrangements are references to any change of a kind set out in sections 9K to 9KB.

(3)References to a relevant type of governance arrangement are references to—

(a)a leader and cabinet executive (England);

(b)a mayor and cabinet executive;

(c)a committee system;

(d)any prescribed arrangements.

(4)References to a form of governance are references to—

(a)executive arrangements;

(b)a committee system;

(c)any prescribed arrangements.

CHAPTER 5E+W+S+N.I.Supplementary

Local authority constitutionE+W+S+N.I.

9PLocal authority constitutionE+W+S+N.I.

(1)A local authority must prepare and keep up to date a document (referred to in this section as its constitution) which contains—

(a)a copy of the authority's standing orders for the time being,

(b)a copy of the authority's code of conduct (if any) for the time being under section 28 of the Localism Act 2011,

(c)such information as the Secretary of State may direct, and

(d)such other information (if any) as the authority considers appropriate.

(2)In the case of a committee system local authority, the authority's constitution must also contain a statement as to whether the authority has resolved to have an overview and scrutiny committee under section 9JA.

(3)A local authority must ensure that copies of its constitution are available at its principal office for inspection by members of the public at all reasonable hours.

(4)A local authority must supply a copy of its constitution to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.

GuidanceE+W+S+N.I.

9QGuidanceE+W+S+N.I.

(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.

InterpretationE+W+S+N.I.

9RInterpretation of Part 1AE+W+S+N.I.

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

(2)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.

Type of local authorityRelevant election years
Metropolitan district2014 and every fourth year afterwards
County2013 and every fourth year afterwards
London borough2014 and every fourth year afterwards
Non-metropolitan district2011 and every fourth year afterwards

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

(a)is a reference to that person whether or not the person 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 Local Government Act 1972) is referred to in Part 1 of that Schedule as the mayor of the borough.

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

(a)is a reference to that person whether or not the person 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 Local Government Act 1972) is referred to in Part 1 of that Schedule as the deputy mayor.

(5)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.

(6)Section 101 of the 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.

(7)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.

(8)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 the Secretary of State under that provision, and

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

Part IIE+W Arrangements with respect to executives etc.

Annotations:

Modifications etc. (not altering text)

C12Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)

C13Pt. II extended (1.9.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), ss. 183(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

C15Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)

C16Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)

Executive arrangementsE+W

10 Executive arrangements.E+W

(1)In this Part “executive arrangements” means arrangements by a local authority [F52 in Wales ]

(a)for and in connection with the creation and operation of an executive of the authority, and

(b)under which certain functions of the authority are the responsibility of the executive.

(2)Executive arrangements by a local authority [F52in Wales ] must conform with any provisions made by or under this Part which relate to such arrangements.

Annotations:

Amendments (Textual)

F52Words in s. 10(1)(2) inserted (15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 10; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Commencement Information

I10S. 10 wholly in force at 28.7.2001; s. 10 not in force at Royal Assent see s. 108; s. 10 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 10 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Local authority executivesE+W

11 Local authority executives.E+W

[F53(1)The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.]

(2)[F54[F55In the case of any local authority in England or Wales, the ] [F55The] executive may consist of—]

(a)an elected mayor of the authority, and

(b)two or more councillors of the authority appointed to the executive by the elected mayor.

Such an executive is referred to in this Part as a mayor and cabinet executive.

[F56(2A)[F57In the case of any local authority in England, the executive may consist of—

(a)a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and

(b)two or more councillors of the authority appointed to the executive by the executive leader.

Such an executive is referred to in this Part as a leader and cabinet executive (England).]]

(3)[F58[F59In the case of any local authority in Wales, the ] [F59The ] executive may consist of—]

(a)a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and

(b)two or more councillors of the authority appointed to the executive by one of the following—

(i)the executive leader, or

(ii)the authority.

Such an executive is referred to in this Part as a [F60leader and cabinet executive (Wales)].

(4)[F61[F62In the case of any local authority in Wales, the executive may consist of—]

(a)an elected mayor of the authority, and

(b)an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority.]

Such an executive is referred to in this Part as a mayor and council manager executive.

(5)[F63[F64In the case of a local authority in England or Wales, the] [F64 The] executive] may take any such form as may be prescribed in regulations made by the [F65Secretary of State] [F65Welsh Ministers].

(6)Regulations under subsection (5) may, in particular, provide for—

(a)a form of executive some or all of the members of which are elected by the local government electors for the authority’s area to a specified post in the executive associated with the discharge of particular functions,

(b)a form of executive some or all of the members of which are elected by those electors but not to any such post,

(c)the system of voting that will be used for elections under paragraph (a) or (b).

(7)A local authority executive may not include the chairman or vice-chairman of the authority.

(8)The number of members of a mayor and cabinet executive or a leader and cabinet executive [F66(Wales)] may not exceed 10.

[F67(8A)For the purposes of subsection (8), no account is to be taken of a member appointed to the executive on a temporary basis to cover the absence of a member exercising a right to a family absence under Part 2 of the Local Government (Wales) Measure 2011.]

(9)The [F68Secretary of State] [F68Welsh Ministers] may by regulations [F69specify] a different maximum number of members of an executive to which [F70subsection (8)] applies, but the power under this subsection may not be exercised [F71[F72in relation to Wales]] so as to provide for a maximum number which exceeds 10.

[F73(9A)[F74In this Part, a reference to a leader and cabinet executive is a reference to either or both of the following, as appropriate in the context—

(a)a leader and cabinet executive (England);

(b)a leader and cabinet executive (Wales).]]

(10)Section 101 of the M5Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under [F75subsection [F76(2A)(a) or] (3)(a)] or appointing councillors [F77or an officer ]to the executive under subsection (3)(b)(ii) [F78or (4)(b)].

Annotations:

Amendments (Textual)

F55Word in s. 11(2) substituted (15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F57S. 11(2A) repealed (15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(3), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F59Word in s. 11(3) substituted (15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(4); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F64Words in s. 11(5) substituted (15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(5)(a); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F65Words in s. 11(5) substituted (15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(5)(b); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F66Word in s. 11(8) inserted (15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(6); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F68Words in s. 11(9) substituted (15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(7)(a); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F72Words in s. 11(9) repealed (15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(7)(b), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F74S. 11(9A) repealed (15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(8), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F76Words in s. 11(10) repealed (15.1.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(9), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Modifications etc. (not altering text)

C18S. 11 applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(2)

Commencement Information

I11S. 11 wholly in force at 28.7.2001; s. 11 not in force at Royal Assent see s. 108; s. 11 in force at 7.8.2000 in so far as it confers power to make an order or regulations, gives directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 11 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 11(5)(6)(9) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 11 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

12 Additional forms of executive.E+W

(1)In deciding whether to make regulations under section 11(5) prescribing a particular form of executive, or which provision to make under section 17 in relation to that form of executive, the Secretary of State must have regard to—

(a)any proposals made to him under subsection (2),

(b)the extent to which he considers that the operation by a local authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way,

(c)the extent to which that form of executive differs from the forms of executive for the time being permitted by or under section 11,

(d)the number and description of authorities for which he considers that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive to consider.

(2)For the purposes of subsection (1), a local authority may propose to the Secretary of State a form of executive in relation to which the authority consider that the conditions mentioned in subsection (3) are satisfied.

(3)Those conditions are—

(a)that the operation by the authority of executive arrangements involving that form of executive would be an improvement on the arrangements which the authority have in place for the discharge of their functions at the time that the proposal is made to the Secretary of State,

(b)that the operation by the authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way, and

(c)that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive for all local authorities, or for any particular description of local authority, to consider.

(4)A proposal under subsection (2)—

(a)must describe the form of executive to which it relates,

(b)must describe the provision which the authority consider should be made under section 17 in relation to that form of executive, and

(c)must explain why the authority consider that the conditions mentioned in subsection (3) are satisfied in relation to that form of executive.

Annotations:

Commencement Information

I12S. 12 wholly in force at 28.7.2001; s. 12 not in force at Royal Assent see s. 108; s. 12 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 12(1) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 12 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Executive functionsE+W

13 Functions which are the responsibility of an executive.E+W

(1)This section has effect for the purposes of determining the functions of a local authority which are the responsibility of an executive of the authority under executive arrangements.

(2)Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of a local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.

(3)The Secretary of State may by regulations make provision for any function of a local authority specified in the regulations—

(a)to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,

(b)to be a function which may be the responsibility of such an executive under such arrangements, or

(c)to be a function which—

(i)to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and

(ii)to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.

(4)Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—

(a)to be a function which is to be the responsibility of an executive of the authority,

(b)to be a function which is not to be the responsibility of such an executive, or

(c)to be a function which—

(i)to the extent provided by the arrangements is to be the responsibility of such an executive, and

(ii)to the extent provided by the arrangements is not to be the responsibility of such an executive.

(5)The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority—

(a)to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and

(b)to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.

(6)The Secretary of State may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.

(7)A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the M6Local Government Act 1972, or any provision of that section, does not apply to that function.

(8)Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of this section, the responsibility of the executive under such arrangements.

(9)Any function which is the responsibility of an executive of a local authority under executive arrangements—

(a)is to be regarded as exercisable by the executive on behalf of the authority, and

(b)may be discharged only in accordance with any provisions made by or under this Part [F79or section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England) ] [F80or under section 56 of the Local Government (Wales) Measure 2011] which apply to the discharge of any such function by that form of executive.

(10)Accordingly any function which is the responsibility of an executive of a local authority under executive arrangements—

(a)may not be discharged by the authority,

(b)is not to be a function to which section 101(1) of the M7Local Government Act 1972 applies, and

(c)may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 20.

(11)Subject to any provision made under subsection (12), any function which, under executive arrangements, is not the responsibility of an executive of a local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.

(12)The Secretary of State may by regulations make provision with respect to the discharge of any function which, under executive arrangements, is not the responsibility of an executive of a local authority (including provision disapplying section 101 of the M8Local Government Act 1972 or any provision of that section).

(13)Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.

(14)In this section—

Annotations:

Amendments (Textual)

F79Words in s. 13(9)(b) inserted (12.12.2008 for specified purposes, 1.4.2009 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 236(9), 245(5); S.I. 2008/3110, arts. 2(h), 4(i)

Modifications etc. (not altering text)

C21S. 13 modified (temp. until 1/4/2009) (26.2.2008) by The Cornwall (Structural Change) Order 2008 (S.I. 2008/491), arts. 1, 8(5)

C22S. 13 modified (temp. until 1/4/2009) (26.2.2008) by The Shropshire (Structural Change) Order 2008 (S.I. 2008/492), arts. 1, 8(5)

C23S. 13 modified (temp. until 1/4/2009) (26.2.2008) by The Wiltshire (Structural Change) Order 2008 (S.I. 2008/490), arts. 1, 8(5)

C24S. 13 modified (temp. until 1/4/2009) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(5)

C26S. 13 modified (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(5)

Commencement Information

I13S. 13 wholly in force at 28.7.2001; s. 13 not in force at Royal assent see s. 108; s. 13 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 13 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 13(3)(5)(6)(12)-(14) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 13 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Provisions with respect to executive arrangementsE+W

14 [F81Discharge of functions: general] E+W

[F82(1)Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of—

(a)a mayor and cabinet executive, or

(b)a leader and cabinet executive (England),

are to be discharged in accordance with this section.]

(2)The [F83senior executive member]

(a)may discharge any of those functions, or

(b)may arrange for the discharge of any of those functions—

(i)by the executive,

(ii)by another member of the executive,

(iii)by a committee of the executive, or

(iv)by an officer of the authority.

(3)Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the [F84senior executive member] otherwise directs, the executive may arrange for the discharge of any of those functions—

(a)by a committee of the executive, or

(b)by an officer of the authority.

(4)Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the [F85senior executive member] otherwise directs, [F86the member who may discharge the function] may arrange for the discharge of any of those functions by an officer of the authority.

(5)Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the [F87senior executive member] otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.

(6)Any arrangements made by virtue of this section by [F88a senior executive member], executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent [F89the senior executive member], executive, member or committee by whom the arrangements are made from exercising those functions.

[F90(7)In this section “senior executive member” means—

(a)in the case of a mayor and cabinet executive: the elected mayor;

(b)in the case of a leader and cabinet executive (England): the executive leader.]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C27Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

C28S. 14 applied (with modifications) (temp. until 1/4/2009) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 7(2)(3)

C30S. 14 applied (with modifications) (temp.) (25.3.2010) by The Norwich and Norfolk (Structural Changes) Order 2010 (S.I. 2010/997), arts. 1, 4(2)

C32S. 14(5) applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(2)

C33S. 14(5) modified (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(2)

C35S. 14(6) applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(3)

C37S. 14(6) modified (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(3)

Commencement Information

I14S. 14 wholly in force at 28.7.2001; s. 14 not in force at Royal Assent see s. 108; s. 14 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 14 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

15 [F91Discharge of functions: leader and cabinet executive (Wales)]E+W

(1)Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of a [F92leader and cabinet executive (Wales)] are to be discharged in accordance with this section.

(2)The executive arrangements may make provision with respect to the allocation of any functions which are the responsibility of the executive among the following persons—

(a)the executive,

(b)any members of the executive,

(c)any committees of the executive, and

(d)any officers of the authority.

(3)If the executive arrangements make such provision as is mentioned in subsection (2), any person to whom a function is allocated in accordance with that provision may discharge the function.

(4)If or to the extent that the functions which are the responsibility of the executive are not allocated in accordance with such provision as is mentioned in subsection (2), the executive leader—

(a)may discharge any of those functions, or

(b)may arrange for the discharge of any of those functions—

(i)by the executive,

(ii)by another member of the executive,

(iii)by a committee of the executive, or

(iv)by an officer of the authority.

(5)Where by virtue of this section any functions may be discharged by a local authority executive, the executive may arrange for the discharge of any of those functions—

(a)by a committee of the executive, or

(b)by an officer of the authority.

(6)Where by virtue of this section any functions may be discharged by a member of a local authority executive, that member may arrange for the discharge of any of those functions by an officer of the authority.

(7)Where by virtue of this section any functions may be discharged by a committee of a local authority executive, the committee may arrange for the discharge of any of those functions by an officer of the authority.

(8)Where the executive leader makes or has made any arrangements under subsection (4)(b)(i), (ii) or (iii), he may direct that subsection (5), (6) or (7) (as the case may be) is not to apply to any of the functions which are the subject of those arrangements or is not to apply to any of those functions in such cases or circumstances as he may direct.

(9)Any arrangements made by virtue of this section by an executive leader, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the executive leader, executive, member or committee by whom the arrangements are made from exercising those functions.

(10)The reference in subsection (2)(b) to the members of the executive includes a reference to the executive leader, and subsection (6) in its application for the purposes of subsection (2)(b) is to be construed accordingly.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C38Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

C51S. 15(8) extended (16.11.2000 with application to local authorities in England only) by S.I. 2000/2851, regs. 1(2), 4(2)

Commencement Information

I15S. 15 wholly in force at 28.7.2001; s. 15 not in force at Royal Assent see s. 108; s. 15 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 15 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

16 Discharge of functions: mayor and council manager executive.E+W

[F93(1)Subject to any provision made under section 18, 19 or 20, the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.

(2)The council manager—

(a)may discharge any of those functions, or

(b)may arrange for the discharge of any of those functions—

(i)by the executive, or

(ii)by an officer of the authority.

(3)In deciding—

(a)whether or how to discharge any functions, or

(b)whether to arrange for any functions to be discharged by the executive or an officer of the authority,

the council manager must have regard to any advice given by the elected mayor.

(4)Where by virtue of this section any functions may be discharged by the executive of a local authority, the executive may arrange for the discharge of any of those functions by an officer of the authority.

(5)Any arrangements made by virtue of this section by a council manager or executive for the discharge of any functions by an executive or officer are not to prevent the council manager or executive by whom the arrangements are made from exercising those functions.]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C52Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

Commencement Information

I16S. 16 wholly in force at 28.7.2001; s. 16 not in force at Royal Assent see s. 108; s. 16 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 16 in force at 28.7.2001 in so far as not already in force see. 108(4)-(6)

17 Discharge of functions: s. 11(5) executive.E+W

(1)The Secretary of State may by regulations make provision with respect to the ways in which any functions which, under executive arrangements, are the responsibility of an executive which takes a form prescribed in regulations under section 11(5) are to be discharged.

(2)The provision which may be made by regulations under this section includes provision which applies or reproduces (with or without modifications) any provisions of section 14, 15 or 16.

(3)Nothing in subsection (2) affects the generality of the power under subsection (1).

(4)Any provision made by regulations under this section is subject to any provision made under section 18, 19 or 20.

Annotations:

Modifications etc. (not altering text)

C53Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

Commencement Information

I17S. 17 wholly in force at 1.11.2000; s. 17 not in force at Royal Assent see s. 108; s. 17 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 17 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

18 Discharge of functions by area committees.E+W

(1)The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive by an area committee of that authority.

(2)Regulations under this section may impose limitations or restrictions on the arrangements which may be made by virtue of the regulations (including limitations or restrictions on the functions which may be the subject of such arrangements).

(3)In this section—

(4)A committee or sub-committee of a local authority [F95in England ] satisfies the conditions in this subsection if—

(a)the committee or sub-committee is established to discharge functions in respect of part of the area of the authority,

(b)the members of the committee or sub-committee who are members of the authority are elected for electoral divisions or wards which fall wholly or partly within that part, and

(c)either or both of the conditions in subsection (5) are satisfied in relation to that part.

(5)Those conditions are—

(a)that the area of that part does not exceed two-fifths of the total area of the authority,

(b)that the population of that part, as estimated by the authority, does not exceed two-fifths of the total population of the area of the authority as so estimated.

[F96(6)A committee or sub-committee of a local authority in Wales satisfies the conditions in this subsection if—

(a)the committee or sub-committee is established to discharge functions in respect of part of the area of the authority,

(b)that part consists of the whole of one or more electoral divisions of the authority,

(c)all the members of the authority who are elected for that electoral division, or those electoral divisions, are entitled to be members of the committee or sub-committee,

(d)no members of the authority, other than those mentioned in paragraph (c), may be members of the committee or sub-committee, and

(e)either or both of the conditions in subsection (7) are satisfied in relation to that part.

(7)Those conditions are—

(a)that the area of that part does not exceed one-half of the total area of the authority;

(b)that the population of that part, as estimated by the authority, does not exceed one-half of the total population of the area of the authority as so estimated.]

Annotations:

Amendments (Textual)

F94Words in s. 18(3) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 55(2), 178(2)

F95Words in s. 18(4) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 55(3), 178(2)

Modifications etc. (not altering text)

C54Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

Commencement Information

I18S. 18 wholly in force at 1.11.2000; s. 18 not in force at Royal Assent see s. 108; s. 18 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 18 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

19 Discharge of functions of and by another local authority.E+W

(1)The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority (within the meaning of this Part), or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive—

(a)by another local authority (within the meaning of section 101 of the M9Local Government Act 1972), or

(b)by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.

(2)The Secretary of State may by regulations make provision for or in connection with enabling a local authority (within the meaning of section 101 of that Act) to arrange for the discharge of any of their functions by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.

(3)The reference in subsection (2) to the functions of a local authority, in a case where the authority are operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority’s executive.

(4)Regulations under subsection (1) or (2) may include provision—

(a)requiring, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, the approval of the authority to such arrangements,

(b)which, in the case of arrangements for the discharge of any functions by a local authority, enables any of those functions to be delegated,

(c)which, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, enables any of those functions to be delegated.

(5)The provision which may be made under subsection (4)(b) includes provision which applies or reproduces (with or without modifications) any provisions of section 101(2) to (4) of the M10Local Government Act 1972.

(6)The provision which may be made under subsection (4)(c) includes provision which applies or reproduces (with or without modifications) any provisions of section 14(3) to (6), 15(5) to (9) or 16(3) to (5).

(7)Nothing in subsection (4), (5) or (6) affects the generality of the power under subsection (1) or (2).

(8)In this section “specified” means specified in regulations under this section.

Annotations:

Commencement Information

I19S. 19 wholly in force at 1.11.2000; s. 19 not in force at Royal Assent see s. 108; s. 19 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 19 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Marginal Citations

20 Joint exercise of functions.E+W

(1)The Secretary of State may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the M11Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.

(2)The provision which may be made under subsection (1) includes provision—

(a)as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,

(b)as to the circumstances in which—

(i)the authority, and

(ii)the executive or a committee or specified member of the executive,

are both to be parties to the arrangements,

(c)as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of the M12Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,

(d)as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,

(e)as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,

(f)as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a committee or specified member of the executive.

(3)Nothing in subsection (2) affects the generality of the power under subsection (1).

(4)In this section “specified” means specified in regulations under this section.

Annotations:

Commencement Information

I20S. 20 wholly in force at 1.11.2000; s. 20 not in force at Royal Assent see s. 108; s. 20 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 20 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Marginal Citations

21 Overview and scrutiny committees.E+W

(1)Executive arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority (referred to in this Part as overview and scrutiny committees).

(2)Executive arrangements by a local authority must ensure that their overview and scrutiny committee has power (or their overview and scrutiny committees [F97, and any joint overview and scrutiny committees, ] have power between them)—

(a)to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the executive,

(b)to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are the responsibility of the executive,

(c)to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive,

(d)to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are not the responsibility of the executive,

(e)to make reports or recommendations to the authority or the executive on matters which affect the authority’s area or the inhabitants of that area,

[F98(f)in the case of the overview and scrutiny committee or committees of an authority to which [F99[F100section 244 of the National Health Service Act 2006 or] section 184 of the National Health Service (Wales) Act 2006 applies, to review and scrutinise, in accordance with regulations under [F101either of those sections] [F101that section], matters relating to the health service (within the meaning given by [F102the Act concerned] [F102that Act], and as extended by [F103the section concerned] [F103that section]) ] in the authority’s area, and to make reports and recommendations on such matters in accordance with the regulations.]

[F104(2A)In subsection (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—

(a)[F105a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 245 of the National Health Service Act 2006 appointed by the authority concerned and one or more other local authorities,]

(b)[F105an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section,]

(c)a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 185 of the National Health Service (Wales) Act 2006 appointed by the authority concerned and one or more other local authorities,

(d)an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, or

(e)a joint overview and scrutiny committee [F106

(i) within the meaning of section 123 of the Local Government and Public Involvement in Health Act 2007 [F107(joint overview and scrutiny committees) appointed by two or more local authorities including the authority concerned ]][F108, or

(ii) a joint overview and scrutiny committee within the meaning of section 58 of the Local Government (Wales) Measure 2011 appointed by two or more local authorities, one of which is the authority concerned].]

(3)The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented includes power—

(a)to recommend that the decision be reconsidered by the person who made it, or

(b)to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the authority.

(4)F109...an overview and scrutiny committee of a local authority may not discharge any functions other than its functions under this section [F110, sections 21A to 21C ] [F111or any functions which may be conferred on it by virtue of regulations under section 21E ] [F112or under section 244(2ZE) of the National Health Service Act 2006.]

F113(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)An overview and scrutiny committee of a local authority—

(a)may appoint one or more sub-committees, and

(b)may arrange for the discharge of any of its functions by any such sub-committee.

(7)A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (6)(b).

F114(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, may not include any member of the authority’s executive.

(10)An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority, but (subject to any provision made by or under paragraphs 7 to 9 of Schedule 1) any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting [F115, unless permitted to do so under paragraph 12 of that Schedule].

[F116(10A)For provision about the appointment of persons to chair overview and scrutiny committees of local authorities in Wales, see sections 66 to 75 of the Local Government (Wales) Measure 2011.]

(11)An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated—

(a)as a committee or sub-committee of a principal council for the purposes of Part VA of the M13Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and

(b)as a body to which section 15 of the M14Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

(12)Subsections (2) and (5) of section 102 of the M15Local Government Act 1972 are to apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.

(13)An overview and scrutiny committee of a local authority or a sub-committee of such a committee—

(a)may require members of the executive, and officers of the authority, to attend before it to answer questions,

[F117(aa)may require any other member of the authority to attend before it to answer questions relating to any function which is exercisable by the member by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England) ] [F118or under section 56 of the Local Government (Wales) Measure 2011], F119...

(b)may invite other persons to attend meetings of the committee.

(14)It is the duty of any member or officer mentioned in [F120paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph].

(15)A person is not obliged by subsection (14) to answer any question which he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.

[F121(16)In exercising, or deciding whether to exercise, any of its functions—

(a)an overview and scrutiny committee of a local authority in England, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State; and

(b)an overview and scrutiny committee of a local authority in Wales, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Welsh Ministers.

(17)Guidance under subsection (16) may make different provision for different cases or for different descriptions of committee or sub-committee.]

Annotations:

Amendments (Textual)

F98S. 21(2)(f) inserted (1.1.2003 for E., otherwise 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 7(1), 70(2) (with s. 7(2)-(5), 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a)

F100Words in s. 21(2)(f) omitted (temp.) (27.3.2012 for specified purposes) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(9)(a)(i), 306(1)(d)(4)

F101Words in s. 21(2)(f) substituted (temp.) (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 190(9)(a)(ii), 306(1)(d)(4)

F102Words in s. 21(2)(f) substituted (temp.) (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 190(9)(a)(iii), 306(1)(d)(4)

F103Words in s. 21(2)(f) substituted (temp.) (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 190(9)(a)(iv), 306(1)(d)(4)

F105S. 21(2A)(a)(b) omitted (temp.) (27.3.2012 for specified purposes) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(9)(b), 306(1)(d)(4)

F106Words in s. 21(2A)(e) inserted and renumbered as s. 21(2A)(e)(i) (11.5.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 58(5)(a), 178(1)

F108Words in s. 21(2A)(e) inserted (11.5.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 58(5)(b), 178(1)

F112Words in s. 21(4) inserted (temp.) (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 190(9)(c), 306(1)(d)(4)

Modifications etc. (not altering text)

C55S. 21 applied (with modifications) (1.1.2003 for E. otherwise 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), s. 10(3)(4), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 10 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C56S. 21 applied (with modifications) (1.3.2007) by National Health Service Act 2006 (c. 41), s. 247(3)(4), 277(1)

C57S. 21 excluded (temp. until 31/3/2009) (26.2.2008) by The Wiltshire (Structural Change) Order 2008 (S.I. 2008/490), arts. 1, 8(4)

C59S. 21 excluded (temp. until 31/3/2009) (26.2.2008) by The Shropshire (Structural Change) Order 2008 (S.I. 2008/492), arts. 1, 8(4)

C60S. 21 excluded (temp. until 31/3/2009) (26.2.2008) by The Cornwall (Structural Change) Order 2008 (S.I. 2008/491), arts. 1, 8(4)

C62S. 21 excluded (temp. until 31/3/2009) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(4)

C64S. 21 excluded (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(4)

C65S. 21(4) excluded (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(7), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C66S. 21(4) power to apply (with modifications) conferred (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(3)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C67S. 21(4) excluded (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 245(7), 277(1)

C69S. 21(4): power to apply conferred by 2007 c. 28, s. 123(5)(b)(i) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

C70S. 21(6)-(15) applied (with modifications) (E.) (1.1.2003) by S.I. 2002/3048, reg. 7(3)

C71S. 21(6)-(15) power to apply (with modifications) conferred (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(3)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C72S. 21(6)-(12): power to apply conferred by 2007 c. 28, s. 123(5)(b)(i) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

C73S. 21(10) excluded (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(8), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C74S. 21(10) excluded (1.3.2007) by National Health Service (Wales) Act 2006 (c. 42), ss. 185(8), 208(1) (with s. 19(3))

C75S. 21(10) excluded (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 245(8), 277(1)

Commencement Information

I21S. 21 wholly in force at 28.7.2001; s. 21 not in force at Royal Assent see s. 108; s. 21 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 21 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

[F12221ZAScrutiny officersE+W

(1)Subject as follows, a local authority in England must designate one of their officers to discharge the functions in subsection (2).

(2)Those functions are—

(a)to promote the role of the authority's overview and scrutiny committee or committees;

(b)to provide support to the authority's overview and scrutiny committee or committees and the members of that committee or those committees;

(c)to provide support and guidance to—

(i)members of the authority,

(ii)members of the executive of the authority, and

(iii)officers of the authority,

in relation to the functions of the authority's overview and scrutiny committee or committees.

(3)An officer designated by a local authority under this section is to be known as the authority's “scrutiny officer”.

(4)A local authority may not designate any of the following under this section—

(a)the head of the authority's paid service designated under section 4 of the Local Government and Housing Act 1989;

(b)the authority's monitoring officer designated under section 5 of that Act;

(c)the authority's chief finance officer, within the meaning of that section.

(5)The duty in subsection (1) does not apply to a district council for an area for which there is a county council.

(6)In this section, references to an overview and scrutiny committee include any sub-committee of that committee.]

[F12321AReference of matters to overview and scrutiny committee etcE+W

(1)Executive arrangements by a local authority must include provision which—

(a)enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee,

(b)enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and

(c)F124... enables any member of the authority to refer to an overview and scrutiny committee of the authority of which he is not a member any local government matter which is relevant to the functions of the committee.

(2)For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.

(3)In considering whether to exercise the power which he has by virtue of subsection (1)(c) in any case, a member of an authority must have regard to any guidance for the time being issued [F125 (in the case of a local authority in England)] by the Secretary of State [F126or (in the case of a local authority in Wales) by the Welsh Ministers].

(4)Guidance under subsection (3) may make different provision for different cases.

(5)Subsections (6) to (8) apply where a local government matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to subsection (1)(c).

(6)In considering whether or not to exercise any of its powers under section 21(2) in relation to the matter, the committee may have regard to—

(a)any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 [F127 or section 56 of the Local Government (Wales) Measure 2011] (exercise of functions by local councillors F128...), and

(b)any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 21(2) in relation to the matter.

(7)If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—

(a)its decision, and

(b)the reasons for it.

(8)The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 21(2) in relation to the matter.

(9)Subsection (8) is subject to section 21D.

(10)In this section “local government matter”, in relation to a member of a local authority [F129in England], means a matter which—

(a)relates to the discharge of any function of the authority,

(b)affects all or part of the electoral area for which the member is elected or any person who lives or works in that area, and

(c)is not an excluded matter.

(11)In subsection (10)(c), “excluded matter” means any matter which is—

(a)a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)a matter of any description specified in an order made by the Secretary of State for the purposes of this section.]

[F130(12)In this section “local government matter”, in relation to a member of a local authority in Wales, means a matter which is not an excluded matter and which—

(a)relates to the discharge of any function of the authority, or

(b)affects all or part of the electoral area for which the member is elected or any person who lives or works in that area.

(13)In subsection (12) “excluded matter” means any matter which is—

(a)a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)a matter of any description specified in an order made by the Welsh Ministers for the purposes of this section.]

Annotations:

Amendments (Textual)

F123S. 21A inserted (12.12.2008 for specified purposes, 1.4.2009 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 119, 245(5); S.I. 2008/3110, arts. 2(a), 4(a)

Modifications etc. (not altering text)

C76Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

[F13121BDuty of authority or executive to respond to overview and scrutiny committeeE+W

(1)This section applies where an overview and scrutiny committee of a local authority F132... makes a report or recommendations to the authority or the executive, otherwise than—

(a)by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)by virtue of subsection (3)(a) of that section.

(2)The overview and scrutiny committee may publish the report or recommendations.

(3)The overview and scrutiny committee must by notice in writing require the authority or executive—

(a)to consider the report or recommendations,

(b)to respond to the overview and scrutiny committee indicating what (if any) action the authority propose, or the executive proposes, to take,

(c)if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response,

(d)if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 21A(8), to provide the member with a copy of the response,

and to do so within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice.

(4)It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.

(5)Subsections (2) and (4) are subject to section 21D and to any provision made under section 22(12A).

(6)In this section—

(a)references to an overview and scrutiny committee include references to a sub-committee of such a committee; and

(b)references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C76Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

21CReports and recommendations of overview and scrutiny committees: duties of certain partner authoritiesE+W

(1)This section applies where—

(a)a relevant committee makes a report or recommendations to the authority or the executive, otherwise than—

(i)by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(ii)by virtue of subsection (3)(a) of that section, and

(b)the report or any of the recommendations relates to a local improvement target which—

(i)relates to a relevant partner authority, and

(ii)is specified in a local area agreement of the authority.

(2)The relevant committee may by notice in writing to the relevant partner authority require the relevant partner authority to have regard to the report or recommendation in question in exercising their functions.

(3)A notice under subsection (2) must be accompanied by a copy of the report or recommendations.

(4)It is the duty of a relevant partner authority to which a notice is given under subsection (2) to comply with the requirement specified in the notice.

(5)Subsection (2) does not apply if—

(a)the relevant partner authority is a health service body, and

(b)by virtue of section 244 of the National Health Service Act 2006, the report was, or the recommendations were, made to the health service body (as well as to the authority or the executive).

(6)In subsection (5), “health service body” means—

(a)a National Health Service trust,

(b)an NHS foundation trust, or

(c)a Primary Care Trust.

(7)Subsections (2) and (3) are subject to section 21D.

(8)In this section—

and references to a target relating to a relevant partner authority are to be construed in accordance with section 105(3) of the Local Government and Public Involvement in Health Act 2007.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C76Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

21DPublication etc of reports, recommendations and responses: confidential and exempt informationE+W

(1)This section applies to—

(a)the publication under section 21B of any document comprising—

(i)a report or recommendations of an overview and scrutiny committee, or

(ii)a response of a local authority to any such report or recommendations, and

(b)the provision of a copy of such a document—

(i)to a member of a local authority under section 21A(8) or section 21B, or

(ii)to a relevant partner authority under section 21C,

by an overview and scrutiny committee or a local authority.

(2)The overview and scrutiny committee or the local authority, in publishing the document or providing a copy of the document to a relevant partner authority—

(a)must exclude any confidential information, and

(b)may exclude any relevant exempt information.

(3)The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information.

(4)Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document—

(a)may replace so much of the document as discloses the information with a summary which does not disclose that information, and

(b)must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.

(5)If by virtue of subsection (2), (3) or (4) an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—

(a)excludes information, or

(b)replaces part of the report or recommendations with a summary,

it is nevertheless to be taken for the purposes of section 21B(3)(c) or (d) to have published or provided a copy of the report or recommendations.

(6)In this section—

(7)In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C76Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

[F13521EOverview and scrutiny committees of certain district councils: functions with respect to partner authoritiesE+W

(1)This section applies to any district council which is a partner authority in relation to a county council (“the related county council”).

(2)The Secretary of State may by regulations make provision under which a district council to which this section applies may confer on their overview and scrutiny committee, or any of their overview and scrutiny committees, power to make reports and recommendations to the related county council, or that council's executive, which relate to any local improvement target which—

(a)relates to a relevant partner authority, and

(b)is specified in a local area agreement of the county council.

(3)Regulations under subsection (2) may make provision applying or reproducing any provision of section 21B, 21C or 21D (with or without modifications).

(4)For the purposes of this section—

(a)relevant partner authority”, in relation to a district council, means—

(i)the related county council, or

(ii)any other authority which are a partner authority in relation to that county council, other than—

[F136(a)a local policing body, or]

(b)a chief officer of police,

(b)local area agreement”, “local improvement target” and “partner authority” have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, and

(c)section 105(2) or (3) of that Act applies for the purpose of determining whether a local improvement target relates to a relevant partner authority.]

[F13721FOverview and scrutiny committees: flood risk managementE+W

(1)This section applies to a local authority which is a lead local flood authority for an area in England.

(2)The arrangements required under section 21(2) include arrangements to review and scrutinise the exercise by risk management authorities of flood risk management functions or coastal erosion risk management functions which may affect the local authority's area.

(3)A risk management authority must comply with a request made by an overview and scrutiny committee, in the course of arrangements under subsection (2), for—

(a)information;

(b)a response to a report.

(4)The Secretary of State may make regulations about the duty under subsection (3) (which may, in particular, include provision about (i) procedure, (ii) notices, (iii) exemptions, (iv) requirement to attend to give information orally, (v) the nature of information and responses that may be required, and (vi) publication).

(5)A risk management authority must have regard to reports and recommendations of an overview and scrutiny committee in the course of arrangements under subsection (2).

(6)Regulations under section 123 of the Local Government and Public Involvement in Health Act 2007 may make provision about the application of this section in relation to joint overview and scrutiny committees.

(7)Expressions used in this section have the same meaning as in Part 1 of the Flood and Water Management Act 2010.]

Annotations:

Amendments (Textual)

F137S. 21F inserted (1.10.2010 for specified purposes, 6.4.2011 in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 54 (with s. 49(1)(6)); S.I. 2010/2169, art. 4, Sch.; S.I. 2011/694, art. 4(1)(j)

[F13821GWales: designated personsE+W

(1)The Welsh Ministers may, by order, designate for the purposes of section 21—

(a)one or more persons, and

(b)one or more categories of person.

(2)But—

(a)the designation of a person has effect only if that person meets the following conditions, and

(b)the designation of a category of persons has effect only if, and to the extent that, each person in that category meets the following conditions.

(3)Condition A is that the person provides the public, or a section of the public, with services, goods or facilities of any description (whether on payment or not).

(4)Condition B is that the person—

(a)provides those services, goods or facilities in the exercise of functions of a public nature, or

(b)is wholly or partly funded by public money.

(5)Condition C is that the person is not a local authority.]

Annotations:

Amendments (Textual)

22 Access to information etc.E+W

(1)Meetings of a local authority executive, or a committee of such an executive, are to be open to the public or held in private.

(2)Subject to regulations under subsection (9), it is for a local authority executive to decide which of its meetings, and which of the meetings of any committee of the executive, are to be open to the public and which of those meetings are to be held in private.

(3)A written record must be kept of prescribed decisions made at meetings of local authorities executives, or committees of such executives, which are held in private.

(4)A written record must be kept of prescribed decisions made by individual members of local authority executives.

(5)Written records under subsection (3) or (4) must include reasons for the decisions to which they relate.

(6)Written records under subsections (3) and (4), together with such reports, background papers or other documents as may be prescribed, must be made available to members of the public in accordance with regulations made by the Secretary of State.

(7)Regulations under subsection (6) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.

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

(a)with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),

(b)for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,

(c)for or in connection with requiring written records falling within paragraph (b) to include reasons,

(d)for or in connection with requiring any such written records to be made available to members of the public,

(e)for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.

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

(a)as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be open to the public,

(b)as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be held in private,

(c)with respect to the information which is to be included in written records kept by virtue of this section,

(d)with respect to the reasons which are to be included in any such written records,

(e)with respect to the persons who are to produce, keep or make available any such written records,

(f)for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,

(g)for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,

(h)for or in connection with requiring information to be made available by electronic means,

(i)for or in connection with conferring rights on members of the public, members of local authorities or overview and scrutiny committees or sub-committees in relation to records or documents,

(j)for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section.

(10)The Secretary of State may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public or members of the authority.

(11)The provision which may be made under subsection (10) includes provision—

(a)requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,

(b)as to the way or form in which prescribed information is to be made available.

(12)The Secretary of State may by regulations make provision which, in relation to meetings of—

(a)local authority executives or committees of such executives, or

(b)joint committees, or sub-committees of such committees, falling within subsection (8)(a),

applies or reproduces (with or without modifications) any provisions of Part VA of the M16Local Government Act 1972.

[F139(12A)The Secretary of State [F140(in relation to local authorities in England), or the Welsh Ministers (in relation to local authorities in Wales),] may by regulations make provision, in relation to—

(a)the publication by executives of local authorities F141... under section 21B, or under any provision of regulations under section 21E which applies or reproduces (with or without modifications) any provision of section 21B, of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or

(b)the provision by such executives under that section of copies of such responses,

which applies or reproduces (with or without modifications) any provisions of section 21D.]

(13)In this section—

Annotations:

Amendments (Textual)

Commencement Information

I22S. 22 wholly in force at 28.7.2001; s. 22 not in force at Royal Assent see s. 108; s. 22 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 22 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 22(6)-(13) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 22 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

[F14222AOverview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authoritiesE+W

(1)The Secretary of State may by regulations make provision, in relation to a relevant committee—

(a)as to information which relevant partner authorities must provide to the relevant committee, and

(b)as to information which may not be disclosed by a relevant partner authority to the relevant committee.

(2)In subsection (1), references to information do not include information in respect of which provision may be made in exercise of the power conferred by—

(a)section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters), or

(b)section 244(2)(d) or (e) of the National Health Service Act 2006 (functions of overview and scrutiny committees).

(3)For the purposes of subsection (1), “relevant committee” and “relevant partner authority” have the meanings given by section 21C.

(4)The Secretary of State may also by regulations make provision, in relation to a relevant district council committee—

(a)as to information which associated authorities must provide to the relevant district council committee, and

(b)as to information which may not be disclosed by an associated authority to the relevant district council committee.

(5)In subsection (4), references to information do not include information in respect of which provision may be made in exercise of the power conferred by section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters).

(6)For the purposes of subsection (4)—

and for this purpose, “responsible local authority” and “partner authority” have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007.

(7)Regulations under this section may make different provision in relation to different persons or committees or descriptions of person or committee.

(8)The power conferred by subsection (7) does not affect the power conferred by section 105(2)(b).]

23 Further provision.E+W

Schedule 1 (which makes further provision in relation to executive arrangements) has effect.

Annotations:

Commencement Information

I23S. 23 wholly in force at 28.7.2001; s. 23 not in force at Royal Assent see s. 108; s. 23 in force at 7.8.2000 for certain purposes in relation to England only by S.I. 2000/2187, arts. 1(3), 2(c); s. 23 in force at 26.10.2000 in relation to England only for certain purposes by S.I. 2000/2849, arts. 1(3), 2(c); s. 23 in force at 1.11.2000 in relation to Wales for certain purposes by S.I. 2000/2948, art. 2; s. 23 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

24 Absence of requirement for political balance.E+W

Neither—

(a)a local authority executive, nor

(b)a committee of a local authority executive,

is to be regarded as a body to which section 15 of the M18Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

Annotations:

Commencement Information

I24S. 24 wholly in force at 28.7.2001; s. 24 not in force at Royal Assent see s. 108; s. 24 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 24 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Procedure with respect to operation of executive arrangementsE+W

25 Proposals.E+W

(1)Subject to section 31, every local authority must—

(a)draw up proposals for the operation of executive arrangements, and

(b)send a copy of the proposals to the [F144 Welsh Ministers].

(2)Before drawing up proposals under this section, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.

(3)In drawing up proposals under this section, a local authority must decide—

(a)which form the executive is to take, and

(b)the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive.

(4)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.

(5)A local authority must comply with any directions given by the [F145Welsh Ministers] for the purposes of this section.

(6)Proposals under this section must include—

(a)such details of the executive arrangements as the [F146Welsh Ministers] may direct,

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

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

(7)A copy of proposals under this section which is sent to the [F147Welsh Ministers] must be accompanied by a statement which describes—

(a)the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, and

(b)the outcome of that consultation and the extent to which that outcome is reflected in the proposals.

(8)The [F148Welsh Ministers] may by order specify a date by which every local authority, or every local authority falling within any description of authority specified in the order, must comply with this section.

Annotations:

Amendments (Textual)

F144Words in s. 25(1)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F145Words in s. 25(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F146Words in s. 25(6)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F147Words in s. 25(7) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F148Words in s. 25(8) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Commencement Information

I25S. 25 wholly in force at 28.7.2001; s. 25 not in force at Royal Assent see s. 108; s. 25 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 25 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 25(5)(6)(8) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 25 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

26 Proposals not requiring referendum.E+W

(1)Where a local authority’s proposals under section 25 do not involve a form of executive for which a referendum is required, the authority must implement the proposals in accordance with the timetable included in the proposals.

(2)Any reference in this Part to a form of executive for which a referendum is required is a reference to—

(a)a mayor and cabinet executive, [F149or ]

(b)[F150a mayor and council manager executive, or]

(c)a form of executive prescribed in regulations under section 11(5) which is expressed in those regulations to be a form of executive for which a referendum is required.

Annotations:

Amendments (Textual)

F149Word in s. 26(2)(a) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 34(4)(a), 178(2)

Commencement Information

I26S. 26 wholly in force at 28.7.2001; s. 26 not in force at Royal Assent see s. 108; s. 26 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 26 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

27 Referendum in case of proposals involving elected mayor.E+W

(1)Where a local authority’s proposals under section 25 involve a form of executive for which a referendum is required, the authority—

(a)must hold a referendum on their proposals before taking any steps to implement them, and

(b)must draw up and send to the [F151Welsh Ministers] an outline of the fall-back proposals (referred to in this section as outline fall-back proposals) that they intend to implement if the proposals under section 25 are rejected in a referendum.

(2)Fall-back proposals are proposals—

(a)for the operation of executive arrangements which do not involve a form of executive for which a referendum is required, or

(b)for the operation of alternative arrangements of a particular type permitted by regulations under section 32.

(3)For the purpose of drawing up outline fall-back proposals, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.

(4)Outline fall-back proposals must include a timetable with respect to the implementation of detailed fall-back proposals which are based on the outline fall-back proposals in the event that the proposals under section 25 are rejected in a referendum.

(5)A local authority must send a copy of their outline fall-back proposals to the [F152Welsh Ministers] at the same time that a copy of the proposals under section 25 is sent to [F153them].

(6)A local authority may not hold a referendum under this section before the end of the period of two months beginning with the date on which a copy of the proposals under section 25 is sent to the [F154Welsh Ministers].

(7)If the result of a referendum under subsection (1) is to approve a local authority’s proposals under section 25, the authority must implement the proposals in accordance with the timetable included in the proposals.

(8)If the result of a referendum under subsection (1) is to reject a local authority’s proposals under section 25, the authority—

(a)may not implement those proposals,

(b)must draw up detailed fall-back proposals which are based on the outline fall-back proposals, and

(c)must send a copy of the detailed fall-back proposals to the [F155Welsh Ministers].

(9)In drawing up outline fall-back proposals or detailed fall-back proposals under this section, a local authority must comply with any directions given by the [F156Welsh Ministers].

(10)Outline fall-back proposals and detailed fall-back proposals must include such details of the executive arrangements or alternative arrangements to which they relate as the [F157Welsh Ministers] may direct.

(11)Subsections (2), (3)(b), (4) and (6)(c) of section 25 are to apply to detailed fall-back proposals involving executive arrangements as they apply to proposals under that section.

(12)Subsections (2), (4) and (6)(c) of that section are to apply to detailed fall-back proposals involving alternative arrangements as they apply to proposals under that section.

(13)A local authority must implement detailed fall-back proposals in accordance with the timetable mentioned in subsection (4).

Annotations:

Amendments (Textual)

F151Words in s. 27(1)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F152Words in s. 27(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F153Word in s. 27(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F154Words in s. 27(6) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F155Words in s. 27(8)(c) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F156Words in s. 27(9) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F157Words in s. 27(10) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Modifications etc. (not altering text)

Commencement Information

I27S. 27 wholly in force at 28.7.2001; s. 27 not in force at Royal Assent see s. 108; s. 27 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 27 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 27(9)(10) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 27 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

28 Approval of outline fall-back proposals.E+W

(1)A local authority may apply to the [F158Welsh Ministers] for the approval of outline fall-back proposals involving fall-back proposals which are not permitted by or under this Part but which would be so permitted if the necessary regulations were made under section 11(5) or 32 (as the case may be).

(2)The form and content of an application under subsection (1) must comply with any directions given by the [F159Welsh Ministers].

(3)Where the [F160Welsh Ministers approve] a local authority’s proposals under subsection (1)—

(a)the authority may use those proposals as their outline fall-back proposals for the purposes of section 27, and

(b)the timetable referred to in section 27(13) shall be extended to the extent that there is any delay in making the necessary regulations under section 11(5) or 32 (as the case may be).

Annotations:

Amendments (Textual)

F158Words in s. 28(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 32(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F159Words in s. 28(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 32(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F160Words in s. 28(3) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 32(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Commencement Information

I28S. 28 wholly in force at 28.7.2001; s. 28 not in force at Royal Assent see s. 108; s. 28 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 28 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 28(1)(2) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 28 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

29 Operation of, and publicity for, executive arrangements.E+W

(1)A resolution of a local authority is required in order for the authority to operate executive arrangements.

(2)As soon as practicable after passing such a resolution a local authority must—

(a)secure that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at all reasonable hours, and

(b)publish in one or more newspapers circulating in their area a notice which—

(i)states that they have resolved to operate the arrangements,

(ii)states the date on which they are to begin operating the arrangements,

(iii)describes the main features of the arrangements,

(iv)states that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and

(v)specifies the address of their principal office.

(3)[F161A local authority [F162in Wales] which pass a resolution under this section may not at any subsequent time cease to operate executive arrangements unless, by virtue of any provision made under section 33(5), the authority operate alternative arrangements in place of the executive arrangements.]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C82S. 29(1) applied (E.) (12.4.2001) by S.I. 2001/1003, reg. 10(1)

C83S. 29(1) applied (W.) (25.11.2002) by S.I. 2002/2880, reg. 7(1)

Commencement Information

I29S. 29 wholly in force at 28.7.2001; s. 29 not in force at Royal Assent see s. 108; s. 29 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 29 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

30 Operation of different executive arrangements.E+W

[F163(1)The Secretary of State may by regulations make provision for or in connection with the operation by a local authority [F164in Wales] 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).]

Annotations:

Amendments (Textual)

Commencement Information

I30S. 30 wholly in force at 1.11.2000; s. 30 not in force at Royal Assent see s. 108; s. 30 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 30 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Alternative arrangements.E+W

31 Alternative arrangements in case of certain local authorities.E+W

[F165(A1)In this section references to a local authority are references to a local authority in England.]

(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).

Annotations:

Amendments (Textual)

Commencement Information

I31S. 31 wholly in force at 28.7.2001; s. 31 not in force at Royal Assent see s. 108; s. 31 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 31 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 31(1)(b) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 31 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

32 Alternative arrangements.E+W

[F166(A1)In this section references to a local authority are references to a local authority in England.]

(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.

[F167(3)Regulations under this section may make provision with respect to committees or sub-committees falling within subsection (1)(b), including—

(a)in the case of regulations made by the Secretary of State, provision which applies or reproduces (with or without modifications)—

(i)any provision of sections 21 to 21D or paragraphs 7 and 9 to 11 of Schedule 1,

(ii)any provision made under section 21E or 22A,

(iii)any provision of section 246 of, or Schedule 17 to, the National Health Service Act 2006, or

(iv)any provision made under section 244 of that Act, and

(b)in the case of regulations made by the Welsh Ministers, provision which applies or reproduces (with or without modifications)—

(i)any provision of section 21 or 21A(1)(a) or (b) or (2) or paragraphs 8 to 11 of Schedule 1,

(ii)any provision of Schedule 17 to the National Health Service Act 2006,

(iii)any provision of section 186 of, or Schedule 11 to, the National Health Service (Wales) Act 2006, or

(iv)any provision made under section 184 of that Act.]

(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).

Annotations:

Amendments (Textual)

Commencement Information

I32 S. 32 wholly in force at 1.11.2000; s. 32 not in force at Royal Assent see s. 108; s. 32 in force at 7.8.2000 in relation to England only by S.I. 2000/2187 , arts. 1(3) , 2(a) ; s. 32 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948 , art. 2

33 Operation of alternative arrangements.E+W

[F168[F169(A1)In this section references to a local authority are references to a local authority in Wales.]

(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).]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C94S. 33(2) applied (W.) (25.11.2002) by S.I. 2002/2880, reg. 7(2)

C95S. 33(2) applied (E.) (12.4.2001) by S.I. 2001/1003, reg. 10(2)

Commencement Information

I33S. 33 wholly in force at 28.7.2001; s. 33 not in force at Royal Assent see s. 108; s. 33 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 33 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 33(5)-(11) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 33 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F170Changing governance arrangements: general provisionsE+W

Annotations:

Amendments (Textual)

F170Ss. 33A-33O and cross-headings inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 64, 245(2)

[F17133ZA [F172Changing] governance arrangementsE+W

For provision about changing the governance arrangements of local authorities F173... see Part 4 of the Local Government (Wales) Measure 2011.]

Annotations:

Amendments (Textual)

F172Word in s. 33ZA heading substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 35(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F17433AExecutive arrangements: different form of executiveE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F17533BExecutive arrangements: other variation of arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F17633CAlternative arrangements: move to executive arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

33DAlternative arrangements: variation of arrangementsE+W

A local authority in England which is operating alternative arrangements may vary the arrangements so that they differ from the existing arrangements in any respect.]

F17733EProposals by local authorityE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)