C1C3C5C7C6C2Part IIF7Local authorities in Wales: arrangements with respect to executives etc.
Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)
Pt. 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
Pt. II modified (21.6.2004) by Isles of Scilly (Functions) (Review and Scrutiny of Health Services) Order 2004 (S.I. 2004/1412), arts. 1, 2
Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)
Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)
Pt. II modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 10
Local authority executives
I1C6C411C6 Local authority executives.
F51
The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.
2
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.
F172A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
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 F15leader and cabinet executive (Wales).
4
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
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 F4(Wales) may not exceed 10.
F98ZA
But if two or more councillors are elected to share office as executive leader (by virtue of paragraph 2(2A) of Schedule 1) or are appointed to the executive to share office (by virtue of paragraph 2A of Schedule 1), the number of members of the executive may exceed 10 but not 13; and where the number of members of the executive is—
a
11 or 12, at least two of the members must have been elected or appointed to share office;
b
13, at least three of the members must have been elected or appointed to share office.
F108A
For the purposes of F14subsections (8) and (8ZA), 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.
F239
The Welsh Ministers may by regulations amend subsections (8) and (8ZA) so as to provide for different maximum numbers of members of an executive to which those subsections apply; but the power under this subsection may not be exercised so as to provide—
a
for a maximum number in subsection (8) which exceeds 10, or
b
for a maximum number in subsection (8ZA) which exceeds 13.
F189A
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Words in Pt. II heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 9; S.I. 2012/1008, art. 4(b)