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Local Democracy, Economic Development and Construction Act 2009

Section 89 – Constitution

183.This section allows the Secretary of State to make an order about the constitutional arrangements of an EPB.

184.Subsection (1) sets out what those arrangements are. An order could cover the membership of an EPB, the voting powers of members of the EPB, and the executive arrangements of the EPB. (Executive arrangements are arrangements for an EPB to set up an executive to make specific decisions, especially the day to day decisions, on its behalf. An executive would be expected to be a smaller and more stream-lined body than the EPB itself. Local authorities are required to operate executive arrangements).

185.Subsection (2) allows the order to make provision about the number of members of the EPB and how they are to be appointed. It also permits details of the remuneration of, and pensions or allowances payable to, members of the EPB to be included in such an order.

186.Subsection (3) states that the provision which may be made about the voting powers of each member includes provision about the different weight to be given to the vote of each member.

187.Subsection (4) explains what is meant by “executive arrangements” for the EPB, for instance the establishment of an executive and the arrangements by which that executive can exercise the powers of the EPB.

188.Subsection (5) provides that an order cannot provide that anyone other than the EPB has responsibility for agreeing its budget, so this function cannot be delegated to an executive of the EPB.

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