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Localism Act 2011

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SCHEDULES

Section 1

SCHEDULE 1E+WGeneral power of competence: consequential amendments

Local Government Act 1972 (c. 70)E+W

1In section 137(9)(a) (“local authority” means a parish council which is not an eligible parish council for the purposes of Part 1 of the Local Government Act 2000) for “Part 1 of the Local Government Act 2000” substitute “ Chapter 1 of Part 1 of the Localism Act 2011 (general power of competence) ”.E+W

Local Government Act 2000 (c. 22)E+W

2The Local Government Act 2000 is amended as follows.E+W

3In section 2(1) (power to promote well-being) after “Every local authority” insert “ in Wales ”.E+W

4In section 3(3) to (6) (limits on power of well-being) for “Secretary of State” substitute “ Welsh Ministers ”.E+W

Section 21

SCHEDULE 2E+WNew arrangements with respect to governance of English local authorities

PART 1 E+WNew Part 1A of the Local Government Act 2000

1After Part 1 of the Local Government Act 2000 insert—E+W

PART 1A E+WArrangements with respect to local authority governance in England

CHAPTER 1E+WPermitted forms of governance
9BPermitted forms of governance for local authorities in England

(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—

  • a committee system” means the arrangements made by a local authority, which does not operate executive arrangements or prescribed arrangements, for or in connection with the discharge of its functions in accordance with—

    (a)

    Part 6 of the Local Government Act 1972, and

    (b)

    this Part;

  • executive arrangements” means arrangements by a local authority—

    (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;

  • prescribed arrangements” means such arrangements as may be prescribed in regulations made by the Secretary of State under section 9BA.

9BAPower of Secretary of State to prescribe additional permitted governance arrangements

(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+WExecutive arrangements
Local authority executivesE+W
9CLocal authority executives

(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
9DFunctions which are the responsibility of an executive

(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—

  • action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—

    (a)

    the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,

    (b)

    the doing of anything incidental or conducive to the discharge of the function, or

    (c)

    the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b);

  • function” means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.

9DAFunctions of an executive: further provision

(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
9EDischarge of functions: general

(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—

  • area committee”, in relation to a local authority, means a committee or sub-committee of the authority which satisfies the conditions in subsection (9);

  • 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.

(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 authority

(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—

  • relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;

  • relevant executive” means an executive of a local authority under either this Part or Part 2;

  • specified” means specified in regulations under this section.

9EBJoint exercise of functions

(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
9FOverview and scrutiny committees: functions

(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)in 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)a 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)an 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, or

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

9FAOverview and scrutiny committees: supplementary provision

(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 officers

(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 etc

(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)

(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 committee

(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 authorities

(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—

  • the authority”, in relation to a relevant committee, means—

    (a)

    in the case of an overview and scrutiny committee, the local authority by which it is established, and

    (b)

    in the case of a sub-committee of an overview and scrutiny committee, the local authority by which the overview and scrutiny committee is established,

  • the executive”, in relation to a relevant committee, means the executive of the authority,

  • non-unitary district council committee” means—

    (a)

    an overview and scrutiny committee of a district council for a district in a county for which there is a county council, or

    (b)

    a sub-committee of such a committee,

  • relevant committee” means an overview and scrutiny committee or a sub-committee of such a committee,

  • relevant partner authority”, in relation to a relevant committee other than a non-unitary district council committee, means any person who is a partner authority in relation to the authority for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than a chief officer of police, and

  • relevant partner authority”, in relation to a relevant committee that is a non-unitary district council committee, means—

    (a)

    the county council for the county concerned, or

    (b)

    any person (other than the district council concerned) who is a partner authority in relation to that county council for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than a chief officer of police.

9FGPublication etc of reports, recommendations and responses: confidential and exempt information

(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—

  • confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils),

  • exempt information” has the meaning given by section 100I of that Act and, in relation to—

    (a)

    any report or recommendations of an overview and scrutiny committee which has functions under section 9F(2)(f) (national health service functions), or

    (b)

    any response to such a report or recommendations,

    also includes information which is exempt information under section 246 of the National Health Service Act 2006, and

  • relevant partner authority”, in relation to an overview and scrutiny committee which is a relevant committee within the meaning of section 9FF, has the same meaning as in that 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 management

(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 authorities

(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
9GMeetings and access to information etc

(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 regulations

(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—

  • joint committee” means a joint committee falling within section 101(5)(a) of the Local Government Act 1972,

  • prescribed” means prescribed by regulations made by the Secretary of State.

9GBFurther provision

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

9GCAbsence of requirement for political balance

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
9HElected mayors etc

(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 councillor

(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 etc

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 mayors

(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 vote

(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 elections

(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
9IElection and term of office of leader

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 leader

(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 councillor

(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 leader

(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.

9IDRegulations

(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+WThe committee system
9JSecretary of State's power to prohibit delegation of functions etc

(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—

  • action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—

    (a)

    the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,

    (b)

    the doing of anything incidental or conducive to the discharge of the function, or

    (c)

    the doing of anything expedient in connection with the discharge of the function or any action within paragraph (a) or (b);

  • function” means a function of any nature, whether conferred or otherwise arising before, on or after this section comes into force.

9JAOverview and scrutiny committee

(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 management

(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+WChanging governance arrangements
Changes to governance arrangements by local authorities: general provisionE+W
9KChanging from one form of governance to another

(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 executive

(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 arrangements

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 authority

(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).

Implementation of certain changes to governance arrangementsE+W
9LImplementation: change in form of governance or change in form of executive

(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
9MCases in which change is subject to approval in a referendum in accordance with sections 9MA and 9MB

(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 authority

(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 referendum

(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 petition

(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 direction

(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 order

(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 referendums

(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 referendums

(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
9NRequiring referendum on change to mayor and cabinet executive

(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 order

(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 executive

(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
9OGeneral

(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.

9OAInterpretation

(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+WSupplementary
Local authority constitutionE+W
9PLocal authority constitution

(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
9QGuidance

(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
9RInterpretation of Part 1A

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

  • committee system” has the meaning given by section 9B,

  • committee system local authority” has the meaning given by section 9J(3),

  • elected mayor” has the meaning given by section 9H,

  • electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983,

  • enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978),

  • executive”, in relation to a local authority, is to be construed in accordance with section 9C,

  • executive arrangements” has the meaning given by section 9B,

  • executive leader” has the meaning given by section 9C(3)(a),

  • first preference vote” has the meaning given by section 9HC,

  • leader and cabinet executive (England)” has the meaning given by section 9C(3),

  • local authority” means a county council in England, a district council or a London borough council,

  • local government elector” has the meaning given by section 270(1) of the Local Government Act 1972,

  • mayor and cabinet executive” has the meaning given by section 9C(2),

  • ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority,

  • the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989,

  • prescribed arrangements” has the meaning give by section 9B, and

  • second preference vote” has the meaning given by section 9HC.

(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 2 E+WNew Schedule A1 to the Local Government Act 2000

2Before Schedule 1 to the Local Government Act 2000 (executive arrangements: further provision) insert—E+W

Section 9GB

SCHEDULE A1E+WExecutive arrangements in England: further provision

Mayor and cabinet executivesE+W

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

(2)Subject to section 9C(5), the executive arrangements must include provision which enables the elected mayor to determine the number of councillors who may be appointed to the executive under section 9C(2)(b).

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

(4)Subject to sub-paragraph (5), the person who is appointed deputy mayor, unless the person resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.

(5)The elected mayor may, if the elected mayor thinks fit, remove the deputy mayor from office.

(6)Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person to be deputy mayor.

(7)If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in the elected mayor's place.

(8)If for any reason—

(a)the elected mayor is unable to act or the office of elected mayor is vacant, and

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

the executive must act in the elected mayor's place or must arrange for a member of the executive to act in the elected mayor's place.

Leader and cabinet executives (England)E+W

2(1)This paragraph applies in relation to executive arrangements by a local authority which provide for a leader and cabinet executive (England).

(2)Subject to section 9C(5), the executive arrangements must include provision which enables the executive leader to determine the number of councillors who may be appointed to the executive under section 9C(3)(b).

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

(4)Subject to sub-paragraph (5), the person who is appointed deputy executive leader, unless the person resigns as deputy executive leader or ceases to be a member of the authority, is to hold office until the end of any term of office of the executive leader (where the executive arrangements provide for such a term).

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

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

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

(8)If for any reason—

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

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

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

ProcedureE+W

3Executive arrangements by a local authority may include provision with respect to—

(a)the quorum, proceedings and location of meetings of the executive,

(b)the appointment of committees of the executive, and

(c)the quorum, proceedings and location of meetings of committees of the executive.

Meetings of executives and executive committeesE+W

4A member of a local authority who is not a member of the authority's executive is entitled to attend, and speak at, a meeting of the executive, or of a committee of the executive, which is held in private only if invited to do so.

Mayor's assistantE+W

5(1)The Secretary of State may by regulations make provision for or in connection with the appointment of a person (an “assistant”) to provide assistance to an elected mayor.

(2)Regulations under this paragraph may, in particular, include provision with respect to the terms and conditions of appointment of an assistant.

Overview and scrutiny committees: education functionsE+W

6(1)In paragraphs 7 and 8 “relevant authority” means a local authority which has education functions.

(2)Paragraphs 7 and 8 apply to an overview and scrutiny committee of a relevant authority if the committee's functions under section 9F relate wholly or partly to any education functions which are the responsibility of the authority's executive.

(3)Paragraph 7 and 8 also apply to a sub-committee of an overview and scrutiny committee of a relevant authority if the sub-committee's functions under section 9FA relate wholly or partly to any education functions which are the responsibility of the authority's executive.

7(1)In the case of a relevant authority that maintains one or more Church of England schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.

(2)A person is a qualifying person for the purposes of sub-paragraph (1) if the person is nominated by the Diocesan Board of Education for any Church of England diocese which falls wholly or partly in the authority concerned's area.

(3)In the case of a relevant authority that maintains one or more Roman Catholic Church schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.

(4)A person is a qualifying person for the purposes of sub-paragraph (3) if the person is nominated by the bishop of any Roman Catholic diocese which falls wholly or partly in the authority concerned's area.

(5)A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (1) or (3) is to be entitled to vote at a meeting of the committee or sub-committee on any question—

(a)which relates to any education functions which are the responsibility of the authority concerned's executive, and

(b)which falls to be decided at the meeting.

(6)The Secretary of State may by directions to a relevant authority require any of the authority's overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for the foundation or voluntary schools maintained by the authority which are not Church of England schools or Roman Catholic Church schools but which are specified in the directions.

(7)Directions under sub-paragraph (6) may make provision with respect to the voting rights of persons appointed in accordance with such directions.

8(1)The Secretary of State may by regulations require an overview and scrutiny committee or sub-committee to which this paragraph applies to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools which are maintained by the relevant authority concerned.

(2)Regulations under this paragraph may make provision for—

(a)the number of persons who are to be elected in the case of any relevant authority,

(b)the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election,

(c)the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected,

(d)the term of office of persons so elected and their voting rights,

(e)the application to any such committee or sub-committee, with or without any modification, of any enactment (whenever passed or made) relating to committees or (as the case may be) sub-committees of a local authority,

(f)such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.

(3)Regulations under this paragraph may also make provision—

(a)enabling the Secretary of State to determine, where the Secretary of State considers it expedient to do so in view of the small number of maintained schools which are maintained by a relevant authority, that the requirement imposed on the committee or sub-committee by virtue of sub-paragraph (1) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools,

(b)for any regulations under this paragraph to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.

9The following provisions of the Education Act 1996, namely—

(a)section 496 (powers of Secretary of State to require duties under that Act to be exercised reasonably), and

(b)section 497 (powers of Secretary of State where local authorities etc are in default),

are to apply to the performance of any duty imposed on a local authority by virtue of paragraphs 6 to 8 as they apply to the performance by a local authority of a duty imposed by that Act.

10(1)Except for the expression “local authority”, expressions used in paragraphs 6 to 9 and the School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act.

(2)In paragraphs 6 and 7 “education functions” has the meaning given by section 579(1) of the Education Act 1996.

Overview and scrutiny committees: voting rights of co-opted membersE+W

11(1)A local authority may permit a co-opted member of an overview and scrutiny committee of the authority to vote at meetings of the committee.

(2)Permission under sub-paragraph (1) may only be given in accordance with a scheme made by the local authority.

(3)A scheme for the purposes of this paragraph may include—

(a)provision for a maximum or minimum in relation to the number of co-opted members of an overview and scrutiny committee entitled to vote at meetings of the committee, and

(b)provision for giving effect to any maximum or minimum established under paragraph (a).

(4)The power to make a scheme for the purposes of this paragraph includes power to vary or revoke such a scheme.

(5)In this paragraph, references to a co-opted member, in relation to an overview and scrutiny committee of a local authority, are to a member of the committee who is not a member of the authority.

12(1)The Secretary of State may by regulations make provision about the exercise of the powers under paragraph 11.

(2)Regulations under sub-paragraph (1) may, in particular, require schemes for the purposes of paragraph 11 (“voting rights schemes”)—

(a)to provide for permission to be given only by means of approving a proposal by the committee concerned;

(b)to provide for a proposal for the purposes of the scheme (“a scheme proposal”) to specify—

(i)the person to whom the proposal relates,

(ii)the questions on which it is proposed the person should be entitled to vote, and

(iii)the proposed duration of the person's entitlement to vote,

and to include such other provision about the form and content of such a proposal as the regulations may provide;

(c)to provide for a scheme proposal to be made only in accordance with a published statement of the policy of the committee concerned about the making of such proposals;

(d)to include such provision about the procedure to be followed in relation to the approval of scheme proposals as the regulations may provide.

(3)Regulations under sub-paragraph (1) may include provision for the notification to the Secretary of State by local authorities of the making, variation or revocation of voting rights schemes.

(4)The Secretary of State may by direction require a local authority to vary a voting rights scheme.

13(1)A local authority which makes a scheme for the purposes of paragraph 11 must, while the scheme is in force, make copies of it available at its principal office at all reasonable hours for inspection by members of the public.

(2)If a local authority makes a scheme for the purposes of paragraph 11, or varies or revokes such a scheme, it must as soon as reasonably practicable after doing so publish in one or more newspapers circulating in its area a notice which complies with this paragraph.

(3)In the case of the making of a scheme, the notice under sub-paragraph (2) must—

(a)record the making of the scheme,

(b)describe what it does,

(c)state that copies of it are available for inspection at the principal office of the local authority, and

(d)specify—

(i)the address of that office, and

(ii)the times when the scheme is available for inspection there.

(4)In the case of the variation of a scheme, the notice under sub-paragraph (2) must—

(a)record the variation,

(b)describe what it does,

(c)state that copies of the scheme as varied are available for inspection at the principal office of the local authority, and

(d)specify—

(i)the address of that office, and

(ii)the times when the scheme is available for inspection there.

(5)In the case of the revocation of a scheme, the notice under sub-paragraph (2) must record the revocation.

Section 22

SCHEDULE 3E+WMinor and consequential amendments relating to local authority governance in England

Local Government Act 1972 (c. 70)E+W

1The Local Government Act 1972 is amended as follows.E+W

2In section 2 (constitution of principal councils in England) in subsection (2A) omit “or a mayor and council manager executive”.E+W

3(1)Section 101 (arrangements for discharge of functions by local authorities) is amended as follows.E+W

(2)In subsection (1C) after “section” insert “ 9EA or ”.

(3)In subsection (5B) after “section” insert “ 9EB or ”.

4In section 102 (appointment of committees) in subsection (1A)—E+W

(a)for “regulations made under section 18” substitute “ section 9E(2)(b)(iv), (3)(b), (4)(a) or (5)(a) ”, and

(b)after “Act 2000” insert “ or under regulations made under section 18 of that Act ”.

5In section 245 (status of certain districts, parishes and communities) in subsections (1A) and (4A)(a) omit “or a mayor and council manager executive”.E+W

6(1)Section 270(1) (general provisions as to interpretation) is amended as follows.E+W

(2)In the definition of “elected mayor” after “has” insert

(a)in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and

(b)in relation to Wales,.

(3)In the definition of “executive”, “executive arrangements” and “executive leader” after “have” insert

(a)in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and

(b)in relation to Wales,.

(4)In the definition of “leader and cabinet executive (England)” for “Part 2” substitute “ Part 1A ”.

(5)In the definition of “mayor and cabinet executive” for “have” substitute has—

(a)in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and

(b)in relation to Wales,.

Crime and Disorder Act 1998 (c. 37)E+W

7In section 5 of the Crime and Disorder Act 1998 (authorities responsible for crime and disorder strategies etc) in subsection (1D) in paragraph (d) of the definition of “the relevant provisions” after “section” insert “ 9F, 9FA or ”.E+W

Local Government Act 2000 (c. 22)E+W

8The Local Government Act 2000 is amended as follows.E+W

9In the heading of Part 2 (arrangements with respect to executives etc) for “Arrangements” substitute Local authorities in Wales: arrangements.E+W

10In section 10 (executive arrangements) after “local authority” (in both places) insert “ in Wales ”.E+W

11(1)Section 11 (forms of local authority executives) is amended as follows.E+W

(2)In subsection (2) for “In the case of any local authority in England or Wales, the” substitute “ The ”.

(3)Omit subsection (2A).

(4)In subsection (3) for “In the case of any local authority in Wales, the” substitute “ The ”.

(5)In subsection (5)—

(a)for “In the case of a local authority in England or Wales, the” substitute “ The ”, and

(b)for “Secretary of State” substitute “ Welsh Ministers ”.

(6)In subsection (8) after “leader and cabinet executive” insert “ (Wales) ”.

(7)In subsection (9)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)omit “in relation to Wales”.

(8)Omit subsection (9A).

(9)In subsection (10) omit “(2A)(a) or”.

12(1)Section 12 (additional forms of executive) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”,

(b)in paragraph (a) for “him” substitute “ them ”, and

(c)in paragraphs (b) and (d) for “he considers” substitute “ they consider ”.

(3)In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (3)(a) for “Secretary of State” substitute “ Welsh Ministers ”.

13(1)Section 13 (functions which are the responsibility of an executive) is amended as follows.E+W

(2)In subsection (3) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (9)(b) omit the words from “or section 236” to “England)”.

(5)In subsection (12) for “Secretary of State” substitute “ Welsh Ministers ”.

14(1)Section 14 (discharge of functions: general) is amended as follows.E+W

(2)In the heading for “general” substitute “ mayor and cabinet executive ”.

(3)In subsection (1) for the words from “of” to the end substitute “ of a mayor and cabinet executive are to be discharged in accordance with this section ”.

(4)In subsections (2) to (5) for “senior executive member” (in each place that it appears) substitute “ elected mayor ”.

(5)In subsection (6)—

(a)for “a senior executive member” substitute “ an elected mayor ”, and

(b)for “the senior executive member” substitute “ the elected mayor ”.

(6)Omit subsection (7).

15In section 17 (discharge of functions: section 11(5) executive) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.E+W

16(1)Section 18 (discharge of functions by area committees) is amended as follows.E+W

(2)In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (3) in the definition of “area committee” for the words from “means—” to “in Wales,” substitute “ means ”.

(4)Omit subsections (4) and (5).

(5)In subsection (6) omit “in Wales”.

17(1)Section 19 (discharge of functions of and by another local authority) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”,

(b)omit the words “(within the meaning of this Part)” in the first place they appear,

(c)for paragraph (a) substitute—

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

(d)in paragraph (b) for “an executive of another local authority (within the meaning of this Part)” substitute “ a relevant executive (other than an executive of the local authority) ”.

(3)In subsection (2)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)for “local authority (within the meaning of section 101 of that Act)” substitute “ relevant authority in Wales ”, and

(c)for “an executive of another local authority (within the meaning of this Part)” substitute “ a relevant executive (other than an executive of the relevant authority) ”.

(4)In subsection (3) for “local authority” substitute “ relevant authority in Wales ”.

(5)In subsection (4)—

(a)in paragraph (a)—

(i)for “an executive of a local authority” substitute “ a relevant executive ”, and

(ii)after “the authority” insert “ of which the executive is part ”,

(b)in paragraph (b) for “local authority” substitute “ relevant authority ”, and

(c)in paragraph (c) for “an executive of a local authority” substitute “ a relevant executive ”.

(6)In subsection (8) for “ “specified”” substitute

relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;

relevant executive” means an executive of a local authority under either this Part or Part 1A;

“specified”.

18In section 20 (joint exercise of functions) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.E+W

19(1)Section 21 (overview and scrutiny committees) is amended as follows.E+W

(2)In subsection (2)(f)—

(a)omit “section 244 of the National Health Service Act 2006 or”,

(b)for “either of those sections” substitute “ that section ”, and

(c)for “the Act concerned, and as extended by the section concerned” substitute “ that Act, as extended by that section ”.

(3)In subsection (2ZA) omit “in Wales”.

(4)In subsection (2A)—

(a)omit paragraphs (a) and (b), and

(b)in paragraph (e) for the words from “committee—” to “a joint overview and scrutiny committee” substitute “ committee ”.

(5)In subsection (4)—

(a)for “21A to 21C” substitute “ 21A and 21B ”, and

(b)omit the words from “or any functions” to the end.

(6)In subsection (10)—

(a)for “paragraphs 7 to” substitute “ paragraph 8 or ”, and

(b)omit “, unless permitted to do so under paragraph 12 of that Schedule”.

(7)In subsection (10A) omit “in Wales”.

(8)In subsection (13)—

(a)in paragraph (aa) omit the words from “by virtue of” to “England) or”, and

(b)in paragraph (c) omit the words from the beginning to “in Wales”.

(9)In subsection (16)—

(a)omit paragraph (a), and

(b)in paragraph (b) omit “in Wales”.

20Omit section 21ZA (scrutiny officers).E+W

21(1)Section 21A (reference of matters to overview and scrutiny committees) is amended as follows.E+W

(2)In subsection (3) omit the words from “(in the case of a local authority in England” to “Wales)”.

(3)In subsection (6)(a) omit the words from “section 236” to “2007 or”.

(4)Omit subsections (10) and (11).

(5)In subsection (12) omit “in Wales”.

22Omit section 21C (reports and recommendations of overview and scrutiny committees: duties of certain partner authorities).E+W

23(1)Section 21D (publication etc of reports, recommendations and responses: confidential and exempt information) is amended as follows.E+W

(2)In subsection (1)(b) omit sub-paragraph (ii).

(3)In subsection (2) omit “or providing a copy of the document to a relevant partner authority”.

(4)In subsection (6)—

(a)in the definition of “exempt information”—

(i)omit “section 246 of the National Health Service Act 2006 or”, and

(ii)at the end insert “ and ”, and

(b)omit the definition of “relevant partner authority”.

24Omit section 21E (overview and scrutiny committees of certain district councils: functions with respect to partner authorities).E+W

25(1)Section 21F (as inserted by the Local Government (Wales) Measure 2011 (nawm 4)) (Wales: notifying designated body of report or recommendations) is amended as follows.E+W

(2)In the title for “Wales: notifying” substitute “ Notifying ”.

(3)In subsection (1) omit “in Wales”.

26Omit section 21F (as inserted by the Flood and Water Management Act 2010) (overview and scrutiny committees: flood risk management).E+W

27In the title of section 21G (Wales: designated persons) for “Wales: designated” substitute “ Designated ”.E+W

28(1)Section 22 (access to information) is amended as follows.E+W

(2)In subsections (6), (8) to (10), (12) and (13) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (12A)—

(a)for the words from “Secretary” to “Wales),” substitute “ Welsh Ministers ”, and

(b)in paragraph (a) omit the words from “, or under” to “section 21B,”.

29Omit section 22A (overview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities).E+W

30In section 25 (proposals) in subsections (1)(b), (5), (6)(a), (7) and (8) for “Secretary of State” substitute “ Welsh Ministers ”.E+W

31(1)Section 27 (referendum in case of proposals involving elected mayor) is amended as follows.E+W

(2)In subsections (1)(b), (5), (6), (8)(c), (9) and (10) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (5) for “him” substitute “ them ”.

32(1)Section 28 (approval of outline fall-back proposals) is amended as follows.E+W

(2)In subsections (1) and (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (3) for “Secretary of State approves” substitute “ Welsh Ministers approve ”.

33Omit section 31 (alternative arrangements).E+W

34Omit section 32 (alternative arrangements).E+W

35(1)Section 33ZA (Wales: changing governance arrangements) is amended as follows.E+W

(2)In the heading for “Wales: changing” substitute “ Changing ”.

(3)Omit “in Wales,”.

36Omit section 33A (executive arrangements).E+W

37Omit section 33B (executive arrangements: other variations of arrangements).E+W

38Omit section 33C (alternative arrangements: move to executive arrangements).E+W

39Omit section 33D (alternative arrangements: variation of arrangements).E+W

40Omit section 33E (proposals by local authority).E+W

41Omit section 33F (resolution of local authority).E+W

42Omit section 33G (implementation: new executive or move to executive arrangements).E+W

43Omit section 33H (implementation: other change in governance arrangements).E+W

44Omit section 33I (general).E+W

45Omit section 33J (new form of executive or move to executive: general requirements) and the italic heading immediately before it (further requirements for certain changes).E+W

46Omit section 33K (changes subject to approval in referendum: additional requirements).E+W

47Omit section 33L (change not subject to approval in a referendum: additional requirements).E+W

48Omit section 33M (cases in which change is subject to approval in referendum).E+W

49Omit section 33N (variation of mayoral executive).E+W

50Omit section 33O (interpretation) and the italic heading immediately before it (miscellaneous).E+W

51(1)Section 34 (referendum following petition) is amended as follows.E+W

(2)In subsections (1) and (2)(k) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (1A) for the words from “means—” to “Wales,” substitute “ means ”.

(4)In subsection (3) omit “or of any of sections 33A to 33O”.

52(1)Section 35 (referendum following direction) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)for “him” substitute “ them ”.

(3)In subsection (2)(d) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (3) omit “or of any of sections 33A to 33O”.

53(1)Section 36 (referendum following order) is amended as follows.E+W

(2)In subsections (1) and (2)(d) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (3) omit “or of any of sections 33A to 33O”.

54In section 37 (local authority constitution) in subsection (1)(a) for “Secretary of State” substitute “ Welsh Ministers ”.E+W

55In section 38 (guidance) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.E+W

56(1)Section 39 (elected mayors etc) is amended as follows.E+W

(2)Omit subsection (2).

(3)In subsection (3) omit “in Wales”.

(4)In subsection (5B)(a) for “Secretary of State” substitute “ Welsh Ministers ”.

(5)In subsection (5C) for the words from the beginning to “1972 are” substitute “ Section 21(1A) of the Local Government Act 1972 is ”.

(6)After subsection (5C) insert—

(5D)A statutory instrument containing regulations made under subsection (5B)(a) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(7)Omit subsection (6).

57In section 41 (time of elections etc) for “Secretary of State” substitute “ Welsh Ministers ”.E+W

58Omit section 44A (election of leader: whole-council elections) and the italic heading immediately before it (leader and cabinet executives (England)).E+W

59Omit section 44B (election of leader: partial-council elections).E+W

60Omit section 44C (removal of leader).E+W

61Omit section 44D (term of office of leader: whole-council elections).E+W

62Omit section 44E (term of office of leader: partial council elections).E+W

63Omit section 44F (leader to continue to hold office as councillor).E+W

64Omit section 44G (no other means of electing or removing leader).E+W

65Omit section 44H (regulations).E+W

66(1)Section 45 (provisions with respect to referendums) is amended as follows.E+W

(2)In subsection (1) for the words from “authority—” to “in Wales” substitute “ authority ”.

(3)In subsections (5), (6) and (8A) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (8B)—

(a)in paragraph (a)—

(i)for “Parliament in accordance with section 105(6)” substitute “ the National Assembly for Wales ”, and

(ii)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)in paragraph (b)—

(i)for “Secretary of State” substitute “ Welsh Ministers ”, and

(ii)for “each House” substitute “ the National Assembly for Wales ”.

(5)In subsection (8D)—

(a)in paragraph (a)—

(i)for “Parliament in accordance with section 105(6)” substitute “ the National Assembly for Wales ”, and

(ii)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)in paragraph (b)—

(i)for “Parliament” substitute “ the National Assembly for Wales ”,

(ii)for “Secretary of State” substitute “ Welsh Ministers ”,

(iii)for “each House” substitute “ the Assembly ”, and

(iv)for “his” substitute “ their ”.

(6)In subsection (9) omit “or 33K”.

67(1)Section 47 (power to make incidental, consequential provision etc) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”,

(b)for “he considers” substitute “ they consider ”.

(3)In subsection (4) omit “(including changes of the kinds set out in sections 33A to 33D)”.

(4)In subsection (6) omit paragraph (b).

68(1)Section 48 (interpretation of Part 2) is amended as follows.E+W

(2)In subsection (1)—

(a)in the definition of “executive leader” for “section 11(2A)(a) or (3)(a)” substitute “ section 11(3)(a) ”,

(b)in the definition of “local authority” for the words from “means—” to “Wales, a county council” substitute “ means a county council in Wales ”, and

(c)omit the definition of “ordinary day of election”.

(3)Omit subsection (1A).

(4)In subsection (2) omit paragraph (b).

(5)In subsection (3) omit paragraph (b).

(6)In subsection (7)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)for “him” substitute “ them ”.

69In section 48A (functions of the Lord President of the Council) for “sections 44 and 45” substitute “ section 44 ”.E+W

70(1)Section 105 (orders and regulations) is amended as follows.E+W

(2)In subsection (6)—

(a)after “6,” insert “ 9N, ”, and

(b)for “section 11(5), 31(1)(b), 32, 33O(6), 44 or 45” substitute “ section 9BA, 9HE, 9MG or 44 ”.

(3)After subsection (7) insert—

(7A)If a draft of a statutory instrument containing an order under section 9N would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

71In section 106 (Wales) in subsection (1) omit paragraph (a).E+W

72(1)Schedule 1 (executive arrangements: further provision) is amended as follows.E+W

(2)In the heading of the Schedule (executive arrangements: further provision) after “arrangements” insert in Wales.

(3)In paragraph 1(9) for “In the case of a local authority in Wales, the” substitute “ The ”.

(4)Omit paragraph 1A and the heading immediately before it.

(5)In paragraph 6(1) for “Secretary of State” substitute “ Welsh Ministers ”.

(6)Omit paragraph 7.

(7)In paragraph 8—

(a)in sub-paragraph (1) omit—

(i)“Welsh”, and

(ii)“in Wales”,

(b)in sub-paragraphs (2), (3) and (7) omit “Welsh”, and

(c)in sub-paragraphs (4) and (7) for “National Assembly for Wales” substitute “ Welsh Ministers ”.

(8)In paragraph 9—

(a)in sub-paragraph (4) for “Secretary of State” substitute “ Welsh Ministers ”,

(b)in sub-paragraph (5)(f) for “Secretary of State considers” substitute “ Welsh Ministers consider ”,

(c)in sub-paragraph (6)(a)—

(i)for “Secretary of State” substitute “ Welsh Ministers ”, and

(ii)for “he considers” substitute “ they consider ”, and

(d)in sub-paragraph (6)(b) for “Secretary of State makes” substitute “ Welsh Ministers make ”.

(9)In paragraph 10 omit “7,”.

(10)In paragraph 11 for “7” substitute “ 8 ”.

(11)In paragraph 11A for “7 to” substitute “ 8 and ”.

(12)Omit paragraphs 12 to 14 and the italic heading immediately before paragraph 12 (overview and scrutiny committees: voting rights of co-opted members).

National Health Service Act 2006 (c. 41)E+W

73The National Health Service Act 2006 is amended as follows.E+W

74In section 244 (functions of overview and scrutiny committees) after subsection (4) insert—E+W

(5)In this section, section 245 and section 246 references to an overview and scrutiny committee include references to—

(a)an overview and scrutiny committee of a local authority operating executive arrangements under Part 1A of the Local Government Act 2000 (executive arrangements in England), and

(b)an overview and scrutiny committee appointed by a local authority under section 9JA of that Act (appointment of overview and scrutiny committees by committee system local authorities).

75(1)Section 245 (joint overview and scrutiny committees etc) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a)—

(i)for “Part 2” substitute “ Part 1A ”, and

(ii)for “section 21(2)(f)” substitute “ section 9F(2)(f) ”, and

(b)for paragraph (b) and the words from that paragraph to the end of the subsection substitute—

(b)in relation to a local authority operating a committee system under that Part, are any corresponding functions which are or, but for regulations under this section, would be, exercisable by an overview and scrutiny committee of the authority appointed under section 9JA of that Act.

(3)In subsection (3)(b)—

(a)in sub-paragraph (i) for “section 21(4) and (6) to (17)” substitute “ sections 9F(5), 9FA, 9FC to 9FG and 9FI ”, and

(b)omit sub-paragraphs (ia) and (ib).

(4)In subsection (7) for “Section 21(4)” substitute “ Section 9F(5) ”.

(5)In subsection (8) for “Section 21(10)” substitute “ Section 9FA(5) ”.

76In section 246 (overview and scrutiny committees: exempt information) in subsection (1)—E+W

(a)after “relating to” insert

(a)”,

(b)for “section 21(2)(f)” substitute “ section 9F(2)(f) ”, and

(c)after “(c. 22)” insert , or

(b)corresponding functions of an overview and scrutiny committee appointed under section 9JA of that Act.

77(1)Section 247 (application to the City of London) is amended as follows.E+W

(2)In subsection (1) for “section 21(2)(f)” substitute “ section 9F(2)(f) ”.

(3)In subsection (3)—

(a)for “Section 21” substitute “ Section 9F ”,

(b)in paragraph (a) for “(3), (5) and (9)” substitute “ (4) ”, and

(c)omit paragraphs (b) to (d).

(4)After subsection (3) insert—

(3A)Section 9FA of the Local Government Act 2000 applies as if such a committee were an overview and scrutiny committee and as if the Common Council were a local authority, but with the omission—

(a)of subsection (3),

(b)in subsection (6), of paragraph (b), and

(c)in subsection (8)(a), of the reference to members of the executive.

(5)In subsection (4)—

(a)for “and (3)” substitute “ to (3A) ”, and

(b)for “section 21(2)” substitute “ section 9F(2) ”.

78After section 247 (application to the City of London) insert—E+W

247AApplication to certain other local authorities without overview and scrutiny committees

(1)This section applies to a local authority (“Authority A”) that—

(a)is—

(i)a county council in England,

(ii)a London borough council, or

(iii)a district council for an area for which there is no county council,

(b)does not operate executive arrangements, and

(c)has not appointed an overview and scrutiny committee under section 9JA of the Local Government Act 2000 (“the 2000 Act”).

(2)Authority A must establish a committee which has, in relation to Authority A's area, the functions which under section 9F(2)(f) of the 2000 Act the overview and scrutiny committee of a local authority operating executive arrangements (“Authority B”) has in relation to Authority B's area.

(3)In relation to the committee established by Authority A under subsection (2)—

(a)sections 244(2) to (4), 245 and 246 (and Schedule 17 to this Act and Schedule 11 to the National Health Service (Wales) Act 2006) apply as if the committee were an overview and scrutiny committee,

(b)section 9F of the 2000 Act applies as if—

(i)the committee were an overview and scrutiny committee,

(ii)subsections (1) to (4) were omitted, and

(iii)in subsection (5) for paragraphs (a) and (b) there were substituted “ its functions under section 247A(2) of the National Health Service Act 2006 ”,

(c)section 9FA of the 2000 Act applies as if—

(i)the committee were an overview and scrutiny committee,

(ii)subsection (3) were omitted, and

(iii)in subsection (8)(a) the reference to members of the executive were a reference to members of the authority, and

(d)paragraphs 11 to 13 of Schedule A1 to the 2000 Act apply as if the committee were an overview and scrutiny committee.

(4)In the provisions as applied by subsection (3) references to functions under any provision of section 9F(2) of the 2000 Act are, in the case of a committee established by Authority A under subsection (2), references to the committee's functions under subsection (2).

(5)In this section “executive arrangements” means executive arrangements under Part 1A of the 2000 Act.

Police and Justice Act 2006 (c. 48)E+W

79The Police and Justice Act 2006 is amended as follows.E+W

80(1)Section 19 (local authority scrutiny of crime and disorder matters) is amended as follows.E+W

(2)In subsection (3)(a)—

(a)after the first “section” insert “ 9F(2) or ”, and

(b)after the second “section” insert “ 9JA(2) or ”.

(3)In subsection (9) omit “(within the meaning of Part 2 of the Local Government Act 2000 (c. 22))”.

(4)After subsection (9) insert—

(9A)In subsection (9) “overview and scrutiny committee” means—

(a)in relation to England, an overview and scrutiny committee within the meaning of Chapter 2 of Part 1A of the Local Government Act 2000 (see section 9F of that Act), and

(b)in relation to Wales, an overview and scrutiny committee within the meaning of Part 2 of that Act (see section 21 of that Act).

(9B)In the case of a local authority that operates a committee system and has appointed one or more overview and scrutiny committees under section 9JA of the Local Government Act 2000, the crime and disorder committee is to be one of those committees.

(5)In subsection (10) for the words from “not” to “Act 2000” substitute “ in cases that are not within subsection (9) or (9B) ”.

(6)In subsection (11)—

(a)before the definition of “crime and disorder functions” insert—

committee system” has the same meaning as in Part 1A of the Local Government Act 2000 (see section 9B(4) of that Act);

(b)in the definition of “executive arrangements” for the words from the second “executive” to the end substitute

(a)in relation to England, executive arrangements under Part 1A of the Local Government Act 2000, and

(b)in relation to Wales, executive arrangements under Part 2 of that Act;.

81In Schedule 8 (further provision about crime and disorder committees of certain local authorities) in paragraph 1(1)—E+W

(a)after “authority” insert

(a)”,

(b)after “Part” insert “ 1A or ”, and

(c)after “(c. 22)” insert , and

(b)that has not appointed an overview and scrutiny committee under section 9JA of that Act.

Section 26

SCHEDULE 4E+WConduct of local government members

PART 1 E+WAmendments of existing provisions

Parliamentary Commissioner Act 1967 (c. 13)E+W

1In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit the entry for the Standards Board for England.E+W

House of Commons Disqualification Act 1975 (c. 24)E+W

2In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Standards Board for England.E+W

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W

3In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Standards Board for England.E+W

Local Government and Housing Act 1989 (c. 42)E+W

4(1)Section 3A of the Local Government and Housing Act 1989 (grant and supervision of exemptions from political restriction: England) is amended as follows.E+W

(2)In subsection (1)—

(a)for “standards committee” substitute “ head of paid service ”,

(b)omit “which is a relevant authority”,

(c)in paragraph (a) for “committee” substitute “ head of paid service ”, and

(d)in that paragraph and paragraph (b) omit “relevant”.

(3)In subsection (2)(a) omit “relevant”.

(4)In subsection (3)—

(a)for “standards committee” substitute “ head of paid service ”,

(b)for “committee” substitute “ head of paid service ”, and

(c)in paragraph (b) omit “relevant”.

(5)In subsection (4)—

(a)for “standards committee” substitute “ local authority's head of paid service ”,

(b)for “committee” substitute “ head of paid service ”, and

(c)in paragraph (b)(i) omit “relevant”.

(6)Omit subsection (5).

(7)In subsection (6)—

(a)omit “which is a relevant authority”, and

(b)in paragraph (a)—

(i)for “standards committee” substitute “ head of paid service ”,

(ii)for “committee” substitute “ head of paid service ”, and

(iii)omit “its”.

(8)In subsection (7)—

(a)omit “its”, and

(b)for “standards committee” substitute “ local authority's head of paid service ”.

(9)After that subsection insert—

(7A)In carrying out functions under this section a local authority's head of paid service must consult the monitoring officer of that authority (unless they are the same person).

(7B)The Secretary of State may by regulations make provision about the application of this section to a local authority that is not required to designate one of its officers as the head of its paid service.

(7C)Regulations under subsection (7B) may apply any provisions of this section (with or without modifications) to an authority to which they apply.

(10)Omit subsections (8) to (10).

Audit Commission Act 1998 (c. 18)E+W

5In section 49(1)(de) of the Audit Commission Act 1998 (disclosure of information by Commission or auditor etc for purposes of functions of ethical standards officer or Public Services Ombudsman for Wales) omit “an ethical standards officer or”.E+W

Data Protection Act 1998 (c. 29)E+W

6In section 31 of the Data Protection Act 1998 (exemptions from subject information provisions for data processed in connection with certain regulatory functions)—E+W

(a)in subsection (7) omit paragraph (b), and

(b)in subsection (8)(b) omit “, or to an ethical standards officer,”.

Local Government Act 2000 (c. 22)E+W

7The Local Government Act 2000 is amended as follows.E+W

8(1)Section 49 (principles governing conduct of members of relevant authorities) is amended as follows.E+W

(2)Omit subsection (1).

(3)In subsection (2) omit “in Wales (other than police authorities)”.

(4)Omit subsections (2C), (3) and (4).

(5)In subsection (5)(a) omit “in Wales”.

(6)In subsection (6)—

(a)in paragraph (a) at the end insert “ in Wales ”,

(b)omit paragraphs (c) to (e),

(c)omit paragraphs (g) to (k),

(d)in paragraph (l) after “authority” insert “ in Wales ”,

(e)omit paragraphs (m) to (o), and

(f)in paragraph (p) after “authority” insert “ in Wales ”.

9(1)Section 50 (model code of conduct) is amended as follows.E+W

(2)Omit subsection (1).

(3)In subsection (2) omit “in Wales other than police authorities”.

(4)In subsection (3) omit “(1) or”.

(5)In subsection (4)(a) omit—

(a)“49(1) or”, and

(b)“(as the case may be)”.

(6)Omit subsections (4C) and (4D).

(7)In subsection (5) omit “the Secretary of State or”.

(8)Omit subsections (6) and (7).

10(1)Section 51 (duty of relevant authorities to adopt codes of conduct) is amended as follows.E+W

(2)In subsection (4C) omit the words from “by a” to “police authority”.

(3)In subsection (6)(c)—

(a)omit sub-paragraph (i), and

(b)in sub-paragraph (ii) omit the words from “in the case” to “in Wales,”.

11In section 52(2) (power for prescribed form of declaration of acceptance of office to include undertaking to observe code of conduct) after “1972” insert “ in relation to a relevant authority ”.E+W

12(1)Section 53 (standards committees) is amended as follows.E+W

(2)In subsection (2) omit “parish council or”.

(3)Omit subsections (3) to (10).

(4)In subsection (11)—

(a)in paragraph (a) omit “in Wales other than police authorities”, and

(b)in paragraph (k) omit “in Wales (other than police authorities)”.

(5)In subsection (12) omit “(6)(c) to (f) or”.

13(1)Section 54 (functions of standards committees) is amended as follows.E+W

(2)Omit subsection (4).

(3)In subsection (5) omit “in Wales (other than police authorities)”.

(4)Omit subsection (6).

(5)In subsection (7) omit “in Wales (other than police authorities)”.

14(1)Section 54A (sub-committees of standards committees) is amended as follows.E+W

(2)In subsection (3) omit “, but this is subject to section 55(7)(b)”.

(3)Omit subsection (4).

(4)In subsection (5) omit “in Wales other than a police authority”.

(5)In subsection (6)—

(a)omit “section 55(5) and to”, and

(b)for “53(6)(a) or (11)(a)” substitute “ 53(11)(a) ”.

15Omit section 55 (standards committees for parish councils).E+W

16Omit section 56A (joint committees of relevant authorities in England).E+W

17Omit section 57 (Standards Board for England).E+W

18Omit section 57A (written allegations: right to make, and initial assessment).E+W

19Omit section 57B (right to request review of decision not to act).E+W

20Omit section 57C (information to be given to subject of allegation).E+W

21Omit section 57D (power to suspend standards committee's functions).E+W

22Omit section 58 (allegations referred to Standards Board).E+W

23Omit section 59 (functions of ethical standards officers).E+W

24Omit section 60 (conduct of investigations).E+W

25Omit section 61 (procedure in respect of investigations).E+W

26Omit section 62 (investigations: further provisions).E+W

27Omit section 63 (restrictions on disclosure of information).E+W

28Omit section 64 (reports etc).E+W

29Omit section 65 (interim reports).E+W

30Omit section 65A (disclosure by monitoring officers of ethical standards officers' reports).E+W

31Omit section 66 (matters referred to monitoring officers).E+W

32Omit section 66A (references to First-tier Tribunal).E+W

33Omit section 66B (periodic returns).E+W

34Omit section 66C (information requests).E+W

35Omit section 67 (consultation with ombudsmen).E+W

36In section 68(2) (guidance by Public Services Ombudsman for Wales)—E+W

(a)in paragraph (a)—

(i)omit “in Wales (other than police authorities)”, and

(ii)for “such” substitute “ those ”, and

(b)in paragraph (b) omit “in Wales (other than police authorities)”.

37(1)Section 69 (investigations by the Public Services Ombudsman for Wales) is amended as follows.E+W

(2)In subsection (1) omit “in Wales” in both places.

(3)In subsection (5) omit “in Wales”.

38(1)Section 70 (investigations: further provisions) is amended as follows.E+W

(2)In subsection (2)(a), after “63” insert “ as those sections had effect immediately before their repeal by the Localism Act 2011 ”.

(3)In subsection (5) omit “in Wales”.

39In section 71(4) (reports etc) omit “in Wales”.E+W

40In section 72(6) (interim reports) omit “in Wales”.E+W

41In section 73 (matters referred to monitoring officers) omit subsection (6).E+W

42In section 77(7) (offence of failure to comply with regulations about adjudications in Wales or equivalent provisions of Tribunal Procedure Rules) omit the words from “, or with” to “First-tier Tribunal,”.E+W

43(1)Section 78 (decisions of the First-tier Tribunal or interim case tribunals) is amended as follows.E+W

(2)In the heading omit “the First-tier Tribunal or”.

(3)In subsection (1)—

(a)omit “the First-tier Tribunal or”, and

(b)in paragraph (a) omit “65(3) or”.

(4)In subsection (2) for “the tribunal concerned” substitute “ the interim case tribunal ”.

(5)In subsection (3) for “the tribunal concerned” substitute “ the interim case tribunal ”.

(6)Omit subsection (4).

(7)In subsection (6) omit “78A or”.

(8)In subsection (8A)—

(a)omit paragraph (a), and

(b)in paragraph (b) omit “where the relevant authority concerned is in Wales,”.

(9)In subsection (9) omit—

(a)“The First-tier Tribunal or (as the case may be)”, and

(b)“59 or”.

(10)Omit subsections (9A) to (9D).

44Omit section 78A (decisions of First-tier Tribunal).E+W

45Omit section 78B (section 78A: supplementary).E+W

46In section 79(13) (decisions of case tribunals: Wales) in subsection (13) omit “in Wales”.E+W

47(1)Section 80 (recommendations by First-tier Tribunal or case tribunals) is amended as follows.E+W

(2)In the heading omit “First-tier Tribunal or”.

(3)In subsection (1) omit “the First-tier Tribunal or”.

(4)In subsection (2) for “The tribunal concerned” substitute “ A case tribunal ”.

(5)In subsection (3) for “relevant person” substitute “ Public Services Ombudsman for Wales ”.

(6)In subsection (5) for “relevant person” in both places substitute “ Public Services Ombudsman for Wales ”.

(7)Omit subsection (6).

48(1)Section 81 (disclosure and registration of members' interests) is amended as follows.E+W

(2)In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (7)—

(a)omit paragraph (b), and

(b)in paragraph (c) omit “if it is a relevant authority in Wales,”.

(4)Omit subsection (8).

49(1)Section 82 (code of conduct for local government employees) is amended as follows.E+W

(2)Omit subsection (1).

(3)In subsection (2) omit “in Wales (other than police authorities)”.

(4)In subsection (3) omit “(1) or”.

(5)Omit subsections (4) and (5).

(6)In subsection (6)(a)—

(a)omit “in Wales”, and

(b)for “such” substitute “ those ”.

(7)In paragraph (9) omit—

(a)paragraph (a), and

(b)in paragraph (b) “in relation to Wales,”.

50In section 82A (monitoring officers: delegation of functions under Part 3), omit “57A, 60(2) or (3), 64(2) or (4),”.E+W

51(1)Section 83 (interpretation of Part 3) is amended as follows.E+W

(2)In subsection (1)—

(a)omit the definitions of—

(i)“the Audit Commission”,

(ii)“ethical standards officer”, and

(iii)“police authority”, and

(b)in the definition of “model code of conduct” omit “(1) and”.

(3)Omit subsections (4), (12), (15) and (16).

52In section 105(6) (orders and regulations) omit “, 49, 63(1)(j)”.E+W

53Omit Schedule 4 (Standards Board for England).E+W

Freedom of Information Act 2000 (c. 36)E+W

54In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) omit the entry for the Standards Board for England.E+W

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

55(1)Section 183 of the Local Government and Public Involvement in Health Act 2007 (conduct of local authority members: codes of conduct) is amended as follows.E+W

(2)In subsection (1) omit the subsections (2A) and (2B) to be inserted into section 49 of the Local Government Act 2000.

(3)In subsection (2) omit the subsections (4A) and (4B) to be inserted into section 50 of the Local Government Act 2000.

(4)In subsection (3) omit the subsections (4A) and (4B) to be inserted into section 51 of the Local Government Act 2000.

(5)In subsection (7)(b) omit “in Wales other than a police authority”.

PART 2 E+WProvision supplementary to Part 1

Codes of conduct under the Local Government Act 2000E+W

56(1)A code of conduct adopted by a relevant authority (within the meaning of this Chapter of this Part of this Act) ceases to have effect.E+W

(2)An undertaking to comply with a code of conduct given by a person under section 52 of the Local Government Act 2000 or as part of a declaration of acceptance of office in a form prescribed by order under section 83 of the Local Government Act 1972 ceases to have effect when the code ceases to have effect.

(3)In this paragraph “code of conduct” means a code of conduct under section 51 of the Local Government Act 2000 or a model code of conduct issued by order under section 50(1) of that Act.

Power to make provision in connection with the abolition of Standards Board for EnglandE+W

57(1)The Secretary of State may by order make provision in connection with the abolition of the Standards Board for England (“the Board”).E+W

(2)An order under this paragraph may make provision that has effect on or before the abolition date.

(3)An order under this paragraph may, in particular, make provision about the property, rights and liabilities of the Board (including rights and liabilities relating to contracts of employment).

(4)This includes—

(a)provision for the transfer of property, rights and liabilities (including to the Secretary of State), and

(b)provision for the extinguishment of rights and liabilities.

(5)An order under this paragraph that makes provision for the transfer of property, rights and liabilities may—

(a)make provision for certificates issued by the Secretary of State to be conclusive evidence that property has been transferred;

(b)make provision about the transfer of property, rights and liabilities that could not otherwise be transferred;

(c)make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Board in respect of anything transferred;

(d)make provision for references to the Board in an instrument or document in respect of anything transferred to be treated as references to the transferee.

(6)An order under this paragraph may—

(a)make provision about the continuing effect of things done by or in relation to the Board before such date as the order may specify;

(b)make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Board on such a date;

(c)make provision for references to the Board in an instrument or document to be treated on and after such a date as references to such person as the order may specify;

(d)make provision for the payment of compensation by the Secretary of State to persons affected by the provisions it makes about the property, rights and liabilities of the Board.

Power to give directions in connection with the abolition of Standards Board for EnglandE+W

58(1)The Secretary of State may direct the Board to take such steps as the Secretary of State may specify in connection with the abolition of the Board.E+W

(2)The Secretary of State may, in particular, give directions to the Board about information held by the Board, including—

(a)directions requiring information to be transferred to another person (including to the Secretary of State);

(b)directions requiring information to be destroyed or made inaccessible.

(3)The Secretary of State may make available to the Board such facilities as the Board may reasonably require for exercising its functions by virtue of this Part of this Schedule.

(4)The Secretary of State may exercise a function of the Board for the purposes of taking steps in connection with its abolition (including functions by virtue of an order under paragraph 57).

(5)Sub-paragraph (4) does not prevent the exercise of the function by the Board.

(6)In the case of a duty of the Board, sub-paragraph (4) permits the Secretary of State to comply with that duty on behalf of the Board but does not oblige the Secretary of State to do so.

Final statement of accountsE+W

59(1)As soon as is reasonably practicable after the abolition date, the Secretary of State must prepare—E+W

(a)a statement of the accounts of the Board for the last financial year to end before the abolition date, and

(b)a statement of the accounts of the Board for the period (if any) beginning immediately after the end of that financial year and ending immediately before the abolition date.

(2)The Secretary of State must, as soon as is reasonably practicable after preparing a statement under this paragraph, send a copy of it to the Comptroller and Auditor General.

(3)The Comptroller and Auditor General must—

(a)examine, certify and report on the statement, and

(b)lay a copy of the statement and the report before each House of Parliament.

(4)Sub-paragraph (1)(a) does not apply if the Board has already sent a copy of its statement of accounts for the year to the Comptroller and Auditor General.

(5)In such a case the repeal of paragraph 13(4B) of Schedule 4 to the Local Government Act 2000 does not remove the obligation of the Comptroller and Auditor General to take the steps specified in that provision in relation to the statement of accounts if the Comptroller has not already done so.

Disclosure of informationE+W

60(1)Section 63 of the Local Government Act 2000 applies in relation to information obtained by a person who is exercising a function of the Board by virtue of paragraph 58(4) as it applies to information obtained by an ethical standards officer.E+W

(2)That section has effect (in relation to information to which it applies apart from sub-paragraph (1) as well as to information to which it applies by virtue of that sub-paragraph) as if it permitted the disclosure of information for the purposes of the abolition of the Board.

(3)The repeal by Part 1 of that section, or of any provision by virtue of which it is applied to information obtained other than by ethical standards officers, does not affect its continuing effect in relation to information to which it applied before its repeal (including by virtue of this paragraph).

InterpretationE+W

61In this Part of this Schedule—E+W

  • the abolition date” means the date on which paragraphs 17 and 53 (repeal of section 57 of and Schedule 4 to the Local Government Act 2000) come fully into force;

  • the Board” has the meaning given by paragraph 57(1);

  • financial year” means the period of 12 months ending with 31 March in any year.

Section 72

SCHEDULE 5E+WNew Chapter 4ZA of Part 1 of the Local Government Finance Act 1992

This is the Chapter referred to in section 72(1)—

CHAPTER 4ZAE+WReferendums relating to council tax increases

Interpretation of ChapterE+W
52ZAInterpretation of Chapter

(1)In this Chapter—

(a)a reference to a billing authority is to a billing authority in England,

(b)a reference to a major precepting authority is to a major precepting authority in England, and

(c)a reference to a local precepting authority is to a local precepting authority in England.

(2)In this Chapter—

(a)a reference to an authority is to an authority of a kind mentioned in subsection (1) above;

(b)a reference to a precepting authority is to an authority of a kind mentioned in subsection (1)(b) or (c) above.

(3)Section 52ZX below defines references in this Chapter to an authority's relevant basic amount of council tax.

Determination of whether increase excessiveE+W
52ZBDuty to determine whether council tax excessive

(1)A billing authority must determine whether its relevant basic amount of council tax for a financial year is excessive.

(2)Sections 52ZF to 52ZI below (duty to hold referendum etc in case of excessive council tax increase by billing authority) apply where the amount mentioned in subsection (1) above is excessive.

(3)A major precepting authority must determine whether its relevant basic amount of council tax for a financial year is excessive.

(4)Sections 52ZJ and 52ZK and 52ZN to 52ZP below (duty to hold referendum etc in case of excessive council tax increase by major precepting authority) apply where an amount mentioned in subsection (3) above is excessive.

(5)A local precepting authority must determine whether its relevant basic amount of council tax for a financial year is excessive.

(6)Sections 52ZL to 52ZP below (duty to hold referendum etc in case of excessive council tax increase by local precepting authority) apply where the amount mentioned in subsection (5) above is excessive.

(7)A determination under this section for a financial year must be made as soon as is reasonably practicable after principles under section 52ZC below for that year are approved by a resolution of the House of Commons under section 52ZD below.

52ZCDetermination of whether increase is excessive

(1)The question whether an authority's relevant basic amount of council tax for a financial year (“the year under consideration”) is excessive must be decided in accordance with a set of principles determined by the Secretary of State for the year.

(2)A set of principles—

(a)may contain one principle or two or more principles;

(b)must constitute or include a comparison falling within subsection (3) below.

(3)A comparison falls within this subsection if it is between—

(a)the authority's relevant basic amount of council tax for the year under consideration, and

(b)the authority's relevant basic amount of council tax for the financial year immediately preceding the year under consideration.

(4)If for the purposes of this section the Secretary of State determines categories of authority for the year under consideration—

(a)any principles determined for the year must be such that the same set is determined for all authorities (if more than one) falling within the same category;

(b)as regards an authority which does not fall within any of the categories, the authority's relevant basic amount of council tax for the year is not capable of being excessive for the purposes of this Chapter.

(5)If the Secretary of State does not determine such categories, any principles determined for the year under consideration must be such that the same set is determined for all authorities.

(6)A principle that applies to the Greater London Authority and that constitutes or includes a comparison falling within subsection (3) above may only provide for—

(a)a comparison between unadjusted relevant basic amounts of council tax,

(b)a comparison between adjusted relevant basic amounts of council tax, or

(c)a comparison within paragraph (a) and a comparison within paragraph (b).

(7)In determining categories of authorities for the year under consideration the Secretary of State must take into account any information that the Secretary of State thinks is relevant.

52ZDApproval of principles

(1)The principles for a financial year must be set out in a report which must be laid before the House of Commons.

(2)If a report for a financial year is not laid before the specified date or, if so laid, is not approved by resolution of the House of Commons on or before the specified date—

(a)no principles have effect for that year, and

(b)accordingly, no authority's relevant basic amount of council tax for the year is capable of being excessive for the purposes of this Chapter.

(3)If the Secretary of State does not propose to determine a set of principles for a financial year, the Secretary of State must lay a report before the House of Commons before the specified date giving the Secretary of State's reasons for not doing so.

(4)In this section “the specified date”, in relation to a financial year, means the date on which the local government finance report for the year under section 78A of the 1988 Act is approved by resolution of the House of Commons.

52ZEAlternative notional amounts

(1)The Secretary of State may make a report specifying an alternative notional amount in relation to any year under consideration and any authority.

(2)An alternative notional amount is an amount which the Secretary of State thinks should be used as the basis of any comparison in applying section 52ZC above in place of the authority's relevant basic amount of council tax for the preceding year.

(3)A report under this section—

(a)may relate to two or more authorities;

(b)may be amended by a subsequent report under this section;

(c)must contain such explanation as the Secretary of State thinks desirable of the need for the calculation of the alternative notional amount and the method for that calculation;

(d)must be laid before the House of Commons.

(4)Subsection (5) below applies if a report under this section for a financial year is approved by resolution of the House of Commons on or before the date on which the report under section 52ZD above for that year is approved by resolution of the House of Commons.

(5)Section 52ZC above has effect, as regards the year under consideration and any authority to which the report relates, as if the reference in subsection (3) of that section to the authority's relevant basic amount of council tax for the financial year immediately preceding the year under consideration were a reference to the alternative notional amount for that year.

(6)In this section “year under consideration” has the same meaning as in section 52ZC above.

Excessive increase in council tax by billing authorityE+W
52ZFBilling authority's duty to make substitute calculations

(1)The billing authority must make substitute calculations for the financial year in compliance with this section; but those calculations do not have effect for the purposes of Chapter 3 above except in accordance with sections 52ZH and 52ZI below.

(2)Substitute calculations for a financial year comply with this section if—

(a)they are made in accordance with sections 31A, 31B and 34 to 36 above, ignoring section 31A(11) above for this purpose,

(b)the relevant basic amount of council tax produced by applying section 52ZX below to the calculations is not excessive by reference to the principles determined by the Secretary of State under section 52ZC above for the year, and

(c)they are made in accordance with this section.

(3)In making the substitute calculations, the authority must—

(a)use the amount determined in the previous calculation for the year under section 31A(3) above so far as relating to amounts which the authority estimates it will accrue in the year in respect of redistributed non-domestic rates, revenue support grant, additional grant, special grant or (in the case of the Common Council only) police grant, and

(b)use the amount determined in the previous calculation for the year for item T in section 31B(1) above and (where applicable) item TP in section 34(3) above.

(4)For the purposes of subsection (2) above the authority may treat any amount determined in the previous calculation under section 31A(3) above as increased by the amount of any sum which—

(a)it estimates it will accrue in the year in respect of additional grant, and

(b)was not taken into account by it in making the previous calculation.

52ZGArrangements for referendum

(1)The billing authority must make arrangements to hold a referendum in relation to the authority's relevant basic amount of council tax for the financial year in accordance with this section.

(2)Subject as follows, the referendum is to be held on a date decided by the billing authority.

(3)That date must be not later than—

(a)the first Thursday in May in the financial year, or

(b)such other date in that year as the Secretary of State may specify by order.

(4)An order under subsection (3) above must be made not later than—

(a)1 February in the financial year preceding the year mentioned in paragraph (b) of that subsection, or

(b)in the case of an order affecting more than one financial year, 1 February in the financial year preceding the first of those years.

(5)The persons entitled to vote in the referendum are those who, on the day of the referendum—

(a)would be entitled to vote as electors at an election for members for an electoral area of the billing authority, and

(b)are registered in the register of local government electors at an address within the billing authority's area.

(6)In this section—

  • electoral area” means—

    (a)

    where the billing authority is a district council, a London borough council or the Common Council of the City of London, a ward;

    (b)

    where the billing authority is a county council, an electoral division;

    (c)

    where the billing authority is the Council of the Isles of Scilly, a parish;

  • register of local government electors” means the register of local government electors kept in accordance with the provisions of the Representation of the People Acts.

(7)This section is subject to regulations under section 52ZQ below.

52ZHEffect of referendum

(1)The billing authority must inform the Secretary of State of the result of the referendum.

(2)Subsection (3) below applies if the result is that the billing authority's relevant basic amount of council tax for the financial year is approved by a majority of persons voting in the referendum.

(3)The authority's calculations from which that amount was derived continue to have effect for that year for the purposes of this Act.

(4)Subsection (5) below applies if the result is that the billing authority's relevant basic amount of council tax for the financial year is not approved by a majority of persons voting in the referendum.

(5)The substitute calculations made in relation to the year under section 52ZF above have effect in relation to the authority and the financial year.

52ZIFailure to hold referendum

(1)If the billing authority fails to hold a referendum in accordance with this Chapter, the substitute calculations made in relation to the year under section 52ZF above have effect in relation to the authority and the financial year.

(2)If the authority has not made those substitute calculations, during the period of restriction the authority has no power to transfer any amount from its collection fund to its general fund; and sections 97 and 98 of the 1988 Act have effect accordingly.

(3)In subsection (2) above “the period of restriction” means the period—

(a)beginning with the latest date on which the referendum could have been held, and

(b)ending with the date (if any) when the billing authority makes the substitute calculations.

Excessive increase in council tax by precepting authorityE+W
52ZJMajor precepting authority's duty to make substitute calculations

(1)The major precepting authority must make substitute calculations for the financial year in compliance with this section.

(2)Substitute calculations made for a financial year by a major precepting authority other than the Greater London Authority comply with this section if—

(a)they are made in accordance with sections 42A, 42B and 45 to 48 above,

(b)the relevant basic amount of council tax for the year produced by the calculations is not excessive by reference to the principles determined by the Secretary of State under section 52ZC above for the year, and

(c)they are made in accordance with this section.

(3)Substitute calculations made for a financial year by the Greater London Authority comply with this section if—

(a)they are made by applying the relevant London provisions and sections 47 and 48 above to the Authority's substitute consolidated council tax requirement for the year, and

(b)they are made in accordance with this section.

(4)In making the substitute calculations, a major precepting authority other than the Greater London Authority must—

(a)use the amount determined in the previous calculation under section 42A(3) above so far as relating to amounts which the authority estimates it will accrue in the year in respect of redistributed non-domestic rates, revenue support grant, additional grant, special grant or police grant, and

(b)use the amount determined in the previous calculation for item T in section 42B(1) above or (where applicable) item TP in section 45(3) above.

(5)For the purposes of subsection (2) above the authority may treat any amount determined in the previous calculation under section 42A(3) above as increased by the amount of any sum which—

(a)it estimates it will accrue in the year in respect of additional grant, and

(b)was not taken into account by it in making the previous calculation.

(6)In making the substitute calculations, the Greater London Authority must use any amount determined in the previous calculations for item T in section 88(2) of the Greater London Authority Act 1999 or for item TP2 in section 89(4) of that Act.

(7)In this Chapter—

  • the relevant London provisions” means sections 88 and (where applicable) 89 of the Greater London Authority Act 1999;

  • the Authority's substitute consolidated council tax requirement”, in relation to a financial year, means the Authority's substitute consolidated council tax requirement—

    (a)

    agreed under Schedule 6 to the Greater London Authority Act 1999, or

    (b)

    set out in its substitute consolidated budget as agreed under that Schedule,

    as the case may be.

52ZKMajor precepting authority's duty to notify appropriate billing authorities

(1)The major precepting authority must notify each appropriate billing authority—

(a)that its relevant basic amount of council tax for a financial year is excessive, and

(b)that the billing authority is required to hold a referendum in accordance with this Chapter.

(2)A notification under this section must include a precept in accordance with the following provisions; but that precept does not have effect for the purposes of Chapters 3 and 4 above except in accordance with sections 52ZO and 52ZP below.

(3)A precept issued to a billing authority under this section by a major precepting authority other than the Greater London Authority must state—

(a)the amount which, in relation to the year and each category of dwellings in the billing authority's area, has been calculated by the precepting authority in accordance with sections 42A, 42B and 45 to 47 above as applied by section 52ZJ above, and

(b)the amount which has been calculated by the precepting authority in accordance with section 48 above as applied by section 52ZJ above as the amount payable by the billing authority for the year.

(4)Dwellings fall within different categories for the purposes of subsection (3) above according as different calculations have been made in relation to them as mentioned in paragraph (a) of that subsection.

(5)A precept issued to a billing authority under this section by the Greater London Authority must state—

(a)the amount which, in relation to the year and each category of dwellings in the billing authority's area, has been calculated by applying, in accordance with section 52ZJ above, the relevant London provisions and section 47 above to the Authority's substitute consolidated council tax requirement, and

(b)the amount which has been calculated by the Authority in accordance with section 48 above as applied by section 52ZJ above as the amount payable by the billing authority for the year.

(6)Dwellings fall within different categories for the purposes of subsection (5) above according as different calculations have been made in relation to them as mentioned in paragraph (a) of that subsection.

(7)A major precepting authority must assume for the purposes of subsections (3) and (5) above that each of the valuation bands is shown in the billing authority's valuation list as applicable to one or more dwellings situated in its area or (as the case may be) each part of its area as respects which different calculations have been made.

(8)The Secretary of State must by regulations prescribe a date by which a notification under this section must be made.

(9)This section does not require the Greater London Authority to notify a billing authority to which this subsection applies unless the Authority's unadjusted relevant basic amount of council tax for the year is excessive.

(10)Subsection (9) above applies to a billing authority if the special item within the meaning of section 89(2) of the Greater London Authority Act 1999 does not apply to any part of the authority's area.

52ZLLocal precepting authority's duty to make substitute calculations

(1)The local precepting authority must make substitute calculations for the financial year in compliance with this section.

(2)Substitute calculations for a financial year comply with this section if—

(a)they are made in accordance with section 49A above, and

(b)the relevant basic amount of council tax produced by applying section 52ZX below to the calculations is not excessive by reference to the principles determined by the Secretary of State under section 52ZC above for the year.

52ZMLocal precepting authority's duty to notify appropriate billing authority

(1)The local precepting authority must notify its appropriate billing authority—

(a)that its relevant basic amount of council tax for a financial year is excessive, and

(b)that the billing authority is required to hold a referendum in accordance with this Chapter.

(2)A notification under this section must include a precept in accordance with subsection (3) below; but that precept does not have effect for the purposes of Chapters 3 and 4 above except in accordance with sections 52ZO and 52ZP below.

(3)The precept must state, as the amount payable by the billing authority for the year, the amount which has been calculated by the local precepting authority under section 49A above as applied by section 52ZL above.

(4)The Secretary of State must by regulations prescribe a date by which the notification must be made.

52ZNArrangements for referendum

(1)A billing authority that is notified under section 52ZK or 52ZM above must make arrangements to hold a referendum in relation to the precepting authority's relevant basic amount of council tax for the financial year in accordance with this section.

(2)Where the referendum is one of two or more referendums required to be held in respect of the same calculation, it is to be held on—

(a)the first Thursday in May in the financial year, or

(b)such other date as the Secretary of State may specify by order.

(3)Otherwise the referendum is to be held on a date decided by the billing authority; but this is subject to subsection (4) below.

(4)That date must be not later than—

(a)the first Thursday in May in the financial year, or

(b)such other date in that year as the Secretary of State may specify by order.

(5)An order under subsection (2) or (4) above must be made not later than—

(a)1 February in the financial year preceding the year mentioned in paragraph (b) of that subsection, or

(b)in the case of an order affecting more than one financial year, 1 February in the financial year preceding the first of those years.

(6)The persons entitled to vote in the referendum are those who, on the day of the referendum—

(a)would be entitled to vote as electors at an election for members for an electoral area of the billing authority that falls wholly or partly within the precepting authority's area, and

(b)are registered in the register of local government electors at an address that is within both—

(i)the precepting authority's area, and

(ii)the billing authority's area.

(7)Subject to subsection (8) below, the billing authority may recover from the precepting authority the expenses that are incurred by the billing authority in connection with the referendum.

(8)The Secretary of State may by regulations make provision for cases in which—

(a)subsection (7) above does not apply, or

(b)that subsection applies with modifications.

(9)In this section—

  • electoral area” means—

    (a)

    in relation to a district council, a London borough council or the Common Council of the City of London, a ward;

    (b)

    in relation to a county council, an electoral division;

    (c)

    in relation to the Council of the Isles of Scilly, a parish;

  • register of local government electors” means the register of local government electors kept in accordance with the provisions of the Representation of the People Acts.

(10)This section is subject to regulations under section 52ZQ below.

52ZOEffect of referendum

(1)The precepting authority must inform the Secretary of State of the result of the referendum or (as the case may be) each of them.

(2)Subsection (3) below applies if—

(a)in a case where one referendum is held in respect of the precepting authority's relevant basic amount of council tax for the financial year, that amount is approved by a majority of persons voting in the referendum, or

(b)in a case where two or more referendums are held in respect of that amount, that amount is approved by a majority of persons voting in all of those referendums taken together.

(3)The precepting authority's calculations that include that amount or (as the case may be) from which that amount was derived continue to have effect for the year for the purposes of this Act.

(4)Subsections (5) and (6) below apply if—

(a)in a case where one referendum is held in respect of the precepting authority's relevant basic amount of council tax for a financial year, that amount is not approved by a majority of persons voting in the referendum, or

(b)in a case where two or more referendums are held in respect of that amount, that amount is not approved by a majority of persons voting in all of those referendums taken together.

(5)Any precept issued to a billing authority under section 52ZK or 52ZM above as part of a notification that triggered the referendum has effect as a precept issued to that billing authority for the year for the purposes of Chapter 3 above.

(6)Where the precept was issued to a billing authority by a local precepting authority under section 52ZM above, section 36A above has effect in relation to the billing authority as if it required the authority to make calculations in substitution on the basis of the precept (rather than permitting it to do so).

(7)In the case of a major precepting authority other than the Greater London Authority, section 30 above has effect by virtue of subsection (5) above in relation to that precept as if—

(a)references to amounts calculated under Chapter 4 above were to amounts calculated as mentioned in section 52ZJ(2) above, and

(b)the reference to the amount stated in accordance with section 40 above were to the amount stated in accordance with section 52ZK(3)(b) above.

(8)In the case of the Greater London Authority, section 30 above has effect by virtue of subsection (5) above in relation to that precept as if—

(a)references that are to be read as amounts calculated under Chapter 1 of Part 3 of the Greater London Authority Act 1999 were to amounts calculated as mentioned in section 52ZJ(3) above, and

(b)the reference to the amount stated in accordance with section 40 above were to the amount stated in accordance with 52ZK(5)(b) above.

(9)If the precepting authority has already issued a precept for the financial year (originally or by way of substitute) to the billing authority—

(a)subsections (3) and (4) of section 42 above apply to the precept within subsection (5) above as they apply to a precept issued in substitution under that section, but

(b)the references in those subsections to the amount of the new precept are to be read as references to the amount stated in the precept within subsection (5) above in accordance with section 52ZK(3)(b) or (5)(b) above.

52ZPFailure to hold referendum

(1)This section applies if a billing authority that is required to be notified by a precepting authority under section 52ZK or 52ZM above fails to hold a referendum in accordance with this Chapter.

(2)Subsections (3) to (6) below apply if the precepting authority has failed to notify the billing authority in accordance with section 52ZK or 52ZM above.

(3)The precepting authority must issue a precept for the year to the billing authority in accordance with that section; and such a precept has effect for the purposes of Chapter 3 above.

(4)During the period of restriction no billing authority to which the precepting authority has power to issue a precept has power to pay anything in respect of a precept issued by the precepting authority for the year.

(5)In subsection (4) above “the period of restriction” means the period—

(a)beginning with the date on which the referendum would have been required to be held or (as the case may be) the latest date on which it could have been held if the notification had been made, and

(b)ending with the date (if any) when the precepting authority complies with subsection (3) above.

(6)Where a precept under subsection (3) above is issued to a billing authority by a local precepting authority, section 36A above has effect in relation to the billing authority as if it required the authority to make calculations in substitution on the basis of the precept (rather than permitting it to do so).

(7)If the precepting authority has notified the billing authority in accordance with section 52ZK or 52ZM above, the precept issued to the billing authority under section 52ZK or 52ZM above as part of the notification has effect as a precept issued to that billing authority for the year for the purposes of Chapter 3 above.

(8)Where the precept was issued to a billing authority by a local precepting authority under section 52ZM above, section 36A above has effect in relation to the billing authority as if it required the authority to make calculations in substitution on the basis of the precept (rather than permitting it to do so).

(9)Subsections (7) to (9) of section 52ZO above apply to a precept within subsection (3) or (7) above as they apply to a precept within subsection (5) of that section.

Regulations about referendumsE+W
52ZQRegulations about referendums

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

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

(a)the combination of polls at two or more referendums under this Chapter;

(b)the combination of polls at referendums under this Chapter with polls at any elections or any referendums held otherwise than under this Chapter.

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

(4)The provision which may be made under this section includes, in particular, 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 and its result);

(c)about the limitation of expenditure in connection with a referendum;

(d)as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum (including provision modifying the effect of section 2 (prohibition of political publicity) of the Local Government Act 1986);

(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;

(g)for disregarding alterations in a register of electors;

(h)for the questioning of the result of a referendum by a court or tribunal.

(5)But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that offence.

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

(7)No regulations under this section are to be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.

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

Directions that referendum provisions are not to applyE+W
52ZRDirection that referendum provisions are not to apply

(1)The Secretary of State may give a direction under this section to an authority other than the Greater London Authority if it appears to the Secretary of State that, unless the authority's council tax calculations are such as to produce a relevant basic amount of council tax that is excessive by reference to the principles determined by the Secretary of State for the year—

(a)the authority will be unable to discharge its functions in an effective manner, or

(b)the authority will be unable to meet its financial obligations.

(2)The Secretary of State may give a direction under this section to the Greater London Authority if it appears to the Secretary of State that, unless the Authority's council tax calculations are such as to produce a relevant basic amount of council tax that is excessive by reference to the principles determined by the Secretary of State for the year—

(a)one or more of the Authority's constituent bodies will be unable to discharge its functions in an effective manner, or

(b)one or more of those bodies will be unable to meet its financial obligations.

(3)The effect of a direction under this section is that the referendum provisions do not apply for the financial year to, and no further step is to be taken for the financial year under the referendum provisions by—

(a)the authority to whom it is made, and

(b)where that authority is a precepting authority, a billing authority as a result of any notification under section 52ZK or 52ZM above by the precepting authority.

(4)A direction under this section may be given to an authority other than the Greater London Authority—

(a)whether or not the authority has carried out its council tax calculations for the financial year, and

(b)in the case of a billing authority, whether or not the authority has set an amount of council tax for the financial year under section 30 above.

(5)A direction under this section may be given to the Greater London Authority only if it has carried out its council tax calculations for the financial year.

(6)But a direction under this section may not be given to an authority if—

(a)a referendum has been held relating to the authority's relevant basic amount of council tax for the financial year, and

(b)that amount has not been approved as mentioned in section 52ZH above (where the authority is a billing authority) or section 52ZO above (where the authority is a precepting authority).

(7)The following sections make further provision about the effect of a direction under this section—

(a)for a billing authority: section 52ZS below;

(b)for a major precepting authority other than the Greater London Authority: section 52ZT below;

(c)for the Greater London Authority: section 52ZU below;

(d)for a local precepting authority: section 52ZV below.

(8)In this Part—

  • constituent body” means—

    (a)

    the Mayor of London,

    (b)

    the London Assembly, or

    (c)

    a functional body within the meaning of section 424 of the Greater London Authority Act 1999;

  • council tax calculations” means—

    (a)

    in relation to a billing authority, calculations under sections 31A, 31B and 34 to 36 above,

    (b)

    in relation to a major precepting authority other than the Greater London Authority, calculations under sections 42A, 42B and 45 to 48 above,

    (c)

    in relation to the Greater London Authority, calculations under sections 85 to 90 of the Greater London Authority Act 1999 and sections 47 and 48 above, and

    (d)

    in the case of a local precepting authority, calculations under section 49A above;

  • the referendum provisions” means—

    (a)

    where the direction is given to a billing authority, sections 52ZB and 52ZF to 52ZI above,

    (b)

    where the direction is given to a major precepting authority, sections 52ZB, 52ZJ, 52ZK and 52ZN to 52ZP above, and

    (c)

    where the direction is given to a local precepting authority, sections 52ZB and 52ZL to 52ZP above.

52ZSDirections to billing authorities

(1)This section applies if the Secretary of State gives a direction under section 52ZR above to a billing authority.

(2)The direction must state the amount that is to be the amount of the billing authority's council tax requirement for the financial year.

(3)If the direction is given before the billing authority has carried out its council tax calculations for the financial year, that amount is to be treated for all purposes as the amount calculated by the billing authority under section 31A above.

(4)If the direction is given after the billing authority has carried out its council tax calculations for the financial year (whether or not it has set an amount of council tax for the year)—

(a)those calculations are of no effect, and

(b)the authority must make substitute calculations for the year in accordance with section 36A above.

(5)For the purposes of those and any subsequent substitute calculations and the application of Chapter 3 above to them—

(a)the amount stated in the direction as the amount of the billing authority's council tax requirement for the financial year is to be treated as the amount calculated by the billing authority under section 31A above, and

(b)subsections (2)(a) and (4) of section 36A above are to be ignored.

52ZTDirections to major precepting authorities

(1)This section applies if the Secretary of State gives a direction under section 52ZR above to a major precepting authority other than the Greater London Authority.

(2)The direction must state the amount that is to be the amount of the major precepting authority's council tax requirement for the financial year.

(3)If the direction is given before the major precepting authority has carried out its council tax calculations for the financial year, that amount is to be treated for all purposes as the amount calculated by the major precepting authority under section 42A above.

(4)If the direction is given after the major precepting authority has carried out its council tax calculations for the financial year (whether or not it has issued a precept for the year)—

(a)those calculations are of no effect, and

(b)the authority must make substitute calculations for the year in accordance with section 49 above.

(5)For the purposes of those and any subsequent substitute calculations and the application of Chapters 3 and 4 above to them—

(a)the amount stated in the direction as the amount of the major precepting authority's council tax requirement for the financial year is to be treated as the amount calculated by the billing authority under section 42A above, and

(b)subsection (2)(za) of section 49 above is to be ignored.

52ZUDirections to the Greater London Authority

(1)This section applies if the Secretary of State gives a direction under section 52ZR above to the Greater London Authority.

(2)The direction must specify the amount that is to be the component council tax requirement for the relevant constituent body for the year.

(3)The Greater London Authority must make calculations in substitution in relation to the financial year under subsections (4) to (7) of section 85 of the Greater London Authority Act 1999 in relation to—

(a)the relevant constituent body alone, or

(b)the relevant constituent body and one or more other constituent bodies.

(4)Subsection (5) below applies if the result of the substitute calculations is such that—

(a)there is an increase in the Greater London Authority's consolidated council tax requirement for the year, or

(b)there is no such increase, but the results of the calculations in substitution made in accordance with sections 85, 86 and 88 to 90 of and Schedule 7 to the Greater London Authority Act 1999 and sections 47 and 48 above would be different from the last relevant calculations in relation to the year.

(5)The Greater London Authority must make calculations in substitution in accordance with the provisions mentioned in subsection (4)(b) above.

(6)In subsection (4)(b) above “the last relevant calculations” means the last calculations made by the Greater London Authority in relation to the financial year in accordance with—

(a)sections 85 to 90 of the Greater London Authority Act 1999 and sections 47 and 48 above, or

(b)sections 85, 86 and 88 to 90 of and Schedule 7 to that Act and sections 47 and 48 above.

(7)None of the substitute calculations is to have any effect if—

(a)the amount calculated under section 85(6) or (7) of the Greater London Authority Act 1999 for the relevant constituent body is not in compliance with the direction,

(b)there is an increase in the Greater London Authority's consolidated council tax requirement for the financial year (as last calculated) which exceeds the increase required to be made to the component council tax requirement for the relevant constituent body (as last calculated for the year) to comply with the direction, or

(c)in making the calculations under section 88(2) or 89(3) of that Act, the Authority fails to comply with subsection (8) below.

(8)In making substitute calculations under section 88(2) or 89(3) of the Greater London Authority Act 1999 the Greater London Authority must use any amount determined in the previous calculations for item T in section 88(2) of that Act or for item TP2 in section 89(4) of that Act.

(9)Subsections (7)(c) and (8) above do not apply if the previous calculations have been quashed because of a failure to comply with the appropriate Greater London provisions in making the calculations.

(10)For the purposes of subsection (9) above “the appropriate Greater London provisions” means—

(a)in the case of calculations required to be made in accordance with sections 85 to 90 of the Greater London Authority Act 1999 and sections 47 and 48 above, those provisions, and

(b)in the case of calculations required to be made in accordance with sections 85, 86 and 88 to 90 of and Schedule 7 to that Act and sections 47 and 48 above, those provisions.

(11)Any substitute calculations under this section are to be made in accordance with Schedule 7 to the Greater London Authority Act 1999.

(12)In this Part—

  • component council tax requirement” has the meaning given by section 85(6) of the Greater London Authority Act 1999;

  • consolidated council tax requirement” has the meaning given by section 85(8) of the Greater London Authority Act 1999;

  • the relevant constituent body”, in relation to a direction under section 52ZR above, means the constituent body by reference to which the direction was given (or, if there is more than one such body, each of them).

52ZVDirections to local precepting authorities

(1)This section applies if the Secretary of State gives a direction under section 52ZR above to a local precepting authority.

(2)The direction must state the amount that is to be the amount of the local precepting authority's council tax requirement for the financial year.

(3)That amount is to be treated for all purposes as the amount calculated by the local precepting authority under section 49A above.

(4)If the direction is given after the local precepting authority has issued a precept for the financial year, that amount is to be treated for all purposes as an amount calculated by the authority in substitution in relation to the year in accordance with that section (so that, in particular, section 42 above applies accordingly).

52ZWFurther provisions about directions

(1)An authority that is required to make substitute calculations for a financial year by virtue of any of sections 52ZS to 52ZU above—

(a)must make the calculations, and

(b)in the case of a major precepting authority, must issue any precepts in substitution required in consequence under section 42 above,

before the end of the period mentioned in subsection (3) below.

(2)A local precepting authority to which section 52ZV(4) above applies must issue any precepts in substitution required in consequence under section 42 above before the end of the period mentioned in subsection (3) below.

(3)That period is—

(a)the period of 35 days beginning with the day on which the authority receives the direction (where it is the Greater London Authority), or

(b)the period of 21 days beginning with the day on which the authority receives the direction (in any other case).

(4)In the case of a billing authority, the authority has no power during the period of restriction to transfer any amount from its collection fund to its general fund; and sections 97 and 98 of the 1988 Act have effect accordingly.

(5)In the case of a precepting authority, no authority to which it has power to issue a precept has power during the period of restriction to pay anything in respect of a precept issued by the precepting authority for the financial year.

(6)For the purposes of subsections (4) and (5) above “the period of restriction” is the period—

(a)beginning at the end of the period mentioned in subsection (3) above, and

(b)ending at the time (if any) when the authority complies with subsection (1) or (2) above (as the case may be).

(7)The following provisions of this section apply to substitute calculations by the Greater London Authority other than those made pursuant to section 52ZU above.

(8)Subject to variation or revocation, a direction under section 52ZR above has effect in relation to any substitute calculations made under any enactment by the Greater London Authority—

(a)in accordance with sections 85, 86 and 88 to 90 of and Schedule 7 to the Greater London Authority Act 1999 and sections 47 and 48 above,

(b)in relation to the financial year to which the direction relates, and

(c)at any time after the direction is given.

(9)Where a direction under section 52ZR above has effect in relation to any substitute calculations by virtue of subsection (8) above, none of the calculations have effect if the amount calculated under section 85(6) of the Greater London Authority Act 1999 for the relevant constituent body is not in compliance with the direction.

Meaning of basic amount of council taxE+W
52ZXMeaning of relevant basic amount of council tax

(1)Any reference in this Chapter to a billing authority's relevant basic amount of council tax for a financial year is a reference to the amount that would be calculated by it in relation to the year under section 31B(1) above if section 31A above did not require or permit it to take into account—

(a)the amount of any precepts—

(i)issued to it for the year by local precepting authorities, or

(ii)anticipated by it in pursuance of regulations under section 41 above, or

(b)the amount of any levies and special levies—

(i)issued to it for the year, or

(ii)anticipated by it in pursuance of regulations under section 74 or 75 of the 1988 Act.

(2)In the case of a major precepting authority other than a county council or the Greater London Authority, any reference in this Chapter to the authority's relevant basic amount of council tax for a financial year is a reference to the amount calculated by it in relation to the year under section 42B(1) above.

(3)In the case of a major precepting authority that is a county council, any reference in this Chapter to the authority's relevant basic amount of council tax for a financial year is a reference to the amount that would be calculated by it in relation to the year under section 42B(1) above if section 42A above did not require or permit it to take into account the amount of any levies—

(a)issued to it for the year, or

(b)anticipated by it in pursuance of regulations under section 74 of the 1988 Act.

(4)In the case of a major precepting authority that is the Greater London Authority, any reference in this Chapter to the authority's relevant basic amount of council tax for a financial year is a reference to—

(a)the amount (referred to in this Chapter as the Greater London Authority's unadjusted relevant basic amount of council tax for the year) that would be calculated by it under section 88(2) of the Greater London Authority Act 1999 if sections 85 and 86 of that Act did not require or permit it—

(i)to take into account the amount of any levies issued to a constituent body for the year, or

(ii)to anticipate, in pursuance of regulations under section 74 of the 1988 Act, the issue of levies to a constituent body, or

(b)any amount (referred to in this Chapter as the Greater London Authority's adjusted relevant basic amount of council tax for the year) that would be calculated by it under section 89(3) of the Greater London Authority Act 1999 if sections 85 and 86 of that Act did not require or permit it—

(i)to take into account the amount of any levies issued to a constituent body for the year, or

(ii)to anticipate, in pursuance of regulations under section 74 of the 1988 Act, the issue of levies to a constituent body.

(5)Any reference in this Chapter to a local precepting authority's relevant basic amount of council tax for a financial year is a reference to the amount found by applying the formula—

where—

R is the amount calculated by the authority under section 49A(4) above as its council tax requirement for the year;

T is the amount which is calculated by the billing authority to which the authority issues precepts (“the billing authority concerned”) as its council tax base for the year for the part of its area comprising the authority's area and is notified by it to the authority within the prescribed period.

(6)Where the aggregate calculated by the authority for the year under subsection (2) of section 49A above does not exceed that so calculated under subsection (3) of that section, the amount for item R in subsection (5) above is to be nil.

(7)The Secretary of State must make regulations containing rules for making for any year the calculation required by item T in subsection (5) above; and the billing authority concerned must make the calculations for any year in accordance with the rules for the time being effective (as regards the year) under the regulations.

(8)Regulations prescribing a period for the purposes of item T in subsection (5) above may provide that, in any case where a billing authority fails to notify its calculation to the precepting authority concerned within that period, that item must be determined in the prescribed manner by such authority or authorities as may be prescribed.

(9)In the application of this section any calculation for which another has been substituted is to be disregarded.

52ZYInformation for purposes of Chapter 4ZA

(1)The Secretary of State may serve on an authority a notice requiring it to supply to the Secretary of State such information as is specified in the notice and required for the purposes of the performance of the Secretary of State's functions under this Chapter.

(2)The authority must supply the information required if it is in its possession or control, and must do so in such form and manner and at such time as the Secretary of State specifies in the notice.

(3)If an authority fails to comply with subsection (2) above, the Secretary of State may exercise the Secretary of State's functions on the basis of such assumptions and estimates as the Secretary of State thinks fit.

(4)In exercising those functions, the Secretary of State may also take into account any other available information, whatever its source and whether or not obtained under a provision contained in or made under this or any other Act.

Section 72

SCHEDULE 6E+WCouncil tax referendums: further amendments

Local Government Finance Act 1992 (c. 14)E+W

1The Local Government Finance Act 1992 is amended as follows.E+W

2(1)Section 31 (substituted amounts) is amended as follows.E+W

(2)In subsection (1) for the “or” at the end of paragraph (a) substitute—

(aa)substitute calculations it has made under section 52ZF below have effect by virtue of section 52ZH or 52ZI below; or.

(3)After subsection (4) insert—

(4A)Subject to any provision made by regulations under subsection (6) below, where an authority sets amounts in substitution under subsection (1)(a) above in the circumstances described in section 52ZO(6) or 52ZP(6) or (8) below, it may recover from the local precepting authority in question administrative expenses incurred by it in, or in consequence of, so doing.

(4)In subsection (5) at the beginning insert “ Subject to any provision made by regulations under subsection (6) below, ”.

(5)After subsection (5) insert—

(6)The Secretary of State may by regulations make provision for cases in which—

(a)subsection (4A) or (5) above does not apply, or

(b)that subsection applies with modifications.

3In section 42(1) (substituted precepts) before “52J” insert “ 52ZU, ”.E+W

4In section 52A (interpretation of Chapter 4A) in each of paragraphs (a) and (b) after “authority” insert “ in Wales ”.E+W

5(1)Section 52B (power to designate authorities) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Secretary of State's” substitute “Welsh Ministers'”,

(b)for “he” substitute “ they ”, and

(c)for “his” substitute “ their ”.

(3)In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (5)—

(a)for “Secretary of State determines” substitute “ Welsh Ministers determine ”, and

(b)in paragraph (b) for “Secretary of State” substitute “ Welsh Ministers ” and for “his” substitute “ their ”.

(5)In subsection (6) for “he does” substitute “ they do ”.

(6)In subsection (7)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)for “he thinks” substitute “ they think ”.

(7)In subsection (8) for “Secretary of State” substitute “ Welsh Ministers ”.

6(1)Section 52C (alternative notional amounts) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)for “his” substitute “ their ”.

(3)In subsection (3)—

(a)in paragraph (c)—

(i)for “Secretary of State thinks” substitute “ Welsh Ministers think ”, and

(ii)for “him” substitute “ them ”, and

(b)in paragraph (d) for “House of Commons” substitute “ National Assembly for Wales ”.

(4)In subsection (4) for “House of Commons” substitute “ National Assembly for Wales ”.

7(1)Section 52D (designation or nomination) is amended as follows.E+W

(2)In subsection (1) for “Secretary of State's” substitute “Welsh Ministers'”.

(3)In subsection (2) for “he” substitute “ they ”.

(4)In subsection (3) for “Secretary of State” substitute “ Welsh Ministers ”.

8(1)Section 52E (designation) is amended as follows.E+W

(2)In subsection (1) for “Secretary of State designates” substitute “ Welsh Ministers designate ”.

(3)In subsection (2)—

(a)in the opening words for “He” substitute “ They ”,

(b)in paragraph (c) for “he determines” substitute “ they determine ”,

(c)in each of paragraphs (d) and (e) for “he proposes” substitute “ they propose ”, and

(d)in paragraph (f) for “he expects” substitute “ they expect ”.

(4)In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.

9(1)Section 52F (challenge of maximum amount) is amended as follows.E+W

(2)In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (3)—

(a)in paragraph (a) for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)in paragraph (b) for “he thinks” substitute “ they think ”.

(5)In subsection (4)—

(a)for “he proceeds” substitute “ they proceed ”, and

(b)for “Secretary of State” substitute “ Welsh Ministers ”.

(6)In subsection (5)—

(a)in paragraph (a) for “Secretary of State's” substitute “Welsh Ministers'”, and

(b)in paragraph (c) for “Secretary of State” substitute “ Welsh Ministers ”.

(7)Omit subsection (6).

(8)In subsection (7)(a) for “House of Commons” substitute “ National Assembly for Wales ”.

(9)In subsection (8)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)in paragraph (b) for “he alters” substitute “ they alter ”.

(10)In subsection (9)—

(a)for “he serves” substitute “ they serve ”, and

(b)for “Secretary of State” substitute “ Welsh Ministers ”.

(11)In subsection (10) for “Secretary of State” substitute “ Welsh Ministers ”.

(12)In subsection (11)—

(a)for “Secretary of State proceeds” substitute “ Welsh Ministers proceed ”, and

(b)for “he” substitute “ they ”.

10(1)Section 52G (acceptance of maximum amount) is amended as follows.E+W

(2)In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (2)—

(a)for “he receives” substitute “ they receive ”, and

(b)for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (3)—

(a)for “he serves” substitute “ they serve ”, and

(b)for “Secretary of State” substitute “ Welsh Ministers ”.

11(1)Section 52H (no challenge or acceptance) is amended as follows.E+W

(2)In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (3)(a) for “House of Commons” substitute “ National Assembly for Wales ”.

(5)In subsection (4) for “Secretary of State” substitute “ Welsh Ministers ”.

(6)In subsection (5)—

(a)for “he serves” substitute “ they serve ”, and

(b)for “Secretary of State” substitute “ Welsh Ministers ”.

12In section 52I(5)(a) (duty of designated billing authority) for “general” substitute “ council ”.E+W

13(1)Section 52J (duty of designated precepting authority) is amended as follows.E+W

(2)In subsection (1)—

(a)omit paragraph (a), and

(b)in paragraph (b) omit “(in any other case)”.

(3)Omit subsection (3).

(4)Omit subsection (6).

(5)Omit subsections (8) to (10).

14(1)Section 52K (failure to substitute) is amended as follows.E+W

(2)In subsection (1)—

(a)omit paragraph (a), and

(b)in paragraph (b) omit “(in any other case)”.

(3)For subsection (2) substitute—

(2)In the case of a billing authority, the Welsh Ministers may direct the authority to comply with section 52I.

(2A)A direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.

(4)In subsection (4)(b) omit “52I or”.

15(1)Section 52L (nomination) is amended as follows.E+W

(2)In subsection (1) for “Secretary of State nominates” substitute “ Welsh Ministers nominate ”.

(3)In subsection (2)—

(a)in the opening words for “He” substitute “ They ”,

(b)in paragraph (c) for “he determines” substitute “ they determine ”, and

(c)in paragraph (d) for “he” in both places substitute “ they ”.

(4)In subsection (4)—

(a)for “he intends” substitute “ they intend ”, and

(b)for “Secretary of State” substitute “ Welsh Ministers ”.

16(1)Section 52M (designation after nomination) is amended as follows.E+W

(2)In subsection (1)—

(a)in the opening words for “Secretary of State” substitute “ Welsh Ministers ”,

(b)in paragraph (a) for “nominates” substitute “ nominate ”, and

(c)in paragraph (b) for “decides” substitute “ decide ”.

(3)In subsection (2)—

(a)in the opening words for “He” substitute “ They ”,

(b)in paragraph (b) for “he proposes” substitute “ they propose ”, and

(c)in paragraph (c) for “he proposes” substitute “ they propose ”.

(4)In subsection (3)—

(a)in the opening words for “he” substitute “ they ”,

(b)in paragraph (a) for “he” in both places substitute “ they ”, and

(c)in paragraph (b) for “he thinks” substitute “ they think ”.

(5)In subsection (4)—

(a)in the opening words for “He” substitute “ They ”,

(b)in paragraph (e) for “he expects” substitute “ they expect ”, and

(c)in paragraph (f) for “Secretary of State” substitute “ Welsh Ministers ”.

(6)In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.

(7)In subsection (8) for “Secretary of State” substitute “ Welsh Ministers ”.

17(1)Section 52N (no designation after nomination) is amended as follows.E+W

(2)In subsection (1)—

(a)in the opening words for “Secretary of State” substitute “ Welsh Ministers ”,

(b)in paragraph (a) for “nominates” substitute “ nominate ”, and

(c)in paragraph (b) for “decides” substitute “ decide ”.

(3)In subsection (2)—

(a)for the first “He” substitute “ They ”, and

(b)for “he proposes” substitute “ they propose ”.

(4)In subsection (3)—

(a)in the opening words for “he” substitute “ they ”,

(b)in paragraph (a) for “he” in both places substitute “ they ”, and

(c)in paragraph (b) for “he thinks” substitute “ they think ”.

(5)In subsection (4) for “He” substitute “ They ”.

(6)In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.

(7)In subsection (6)—

(a)in the opening words for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)in paragraph (a)—

(i)for “he receives” substitute “ they receive ”, and

(ii)for “his” substitute “ their ”.

18(1)Section 52P (designation after previous designation) is amended as follows.E+W

(2)In subsection (1)(a) for “Secretary of State designates” substitute “ Welsh Ministers designate ”.

(3)In subsection (2)—

(a)in the opening words—

(i)for the first “He” substitute “ They ”,

(ii)for “he does” substitute “ they do ”, and

(iii)for the third “he” substitute “ they ”,

(b)in paragraph (a) for “he proposes” substitute “ they propose ”, and

(c)in paragraph (b) for “he proposes” substitute “ they propose ”.

(4)In subsection (3)—

(a)in the opening words for “he” substitute “ they ”, and

(b)in paragraph (c) for “he thinks” substitute “ they think ”.

(5)In subsection (4)—

(a)in the opening words for “He” substitute “ They ”,

(b)in paragraph (e) for “he expects” substitute “ they expect ”, and

(c)in paragraph (f) for “Secretary of State” substitute “ Welsh Ministers ”.

(6)In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.

(7)In subsection (8) for “Secretary of State” substitute “ Welsh Ministers ”.

(8)In subsection (10) for “Secretary of State” substitute “ Welsh Ministers ”.

19(1)Section 52Q (challenge of maximum amount) is amended as follows.E+W

(2)In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b) substitute “ Welsh Ministers ”.

(3)In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (3)—

(a)in paragraph (a) for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)in paragraph (b) for “he thinks” substitute “ they think ”.

(5)In subsection (4)—

(a)in paragraph (a) for “Secretary of State's” substitute “Welsh Ministers'”, and

(b)in paragraph (c) for “Secretary of State” substitute “ Welsh Ministers ”.

(6)Omit subsection (5).

(7)In subsection (6) for “House of Commons” substitute “ National Assembly for Wales ”.

(8)In subsection (7)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)in paragraph (b) for “he alters” substitute “ they alter ”.

(9)In subsection (8)—

(a)for “he serves” substitute “ they serve ”, and

(b)for “Secretary of State” substitute “ Welsh Ministers ”.

(10)In subsection (9) for “Secretary of State” substitute “ Welsh Ministers ”.

20(1)Section 52R (acceptance of maximum amount) is amended as follows.E+W

(2)In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b) substitute “ Welsh Ministers ”.

(3)In subsection (2)—

(a)for “he receives” substitute “ they receive ”, and

(b)for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (3)—

(a)for “he serves” substitute “ they serve ”, and

(b)for “Secretary of State” substitute “ Welsh Ministers ”.

21(1)Section 52S (no challenge or acceptance) is amended as follows.E+W

(2)In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b) substitute “ Welsh Ministers ”.

(3)In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (3) for “House of Commons” substitute “ National Assembly for Wales ”.

(5)In subsection (4) for “Secretary of State” substitute “ Welsh Ministers ”.

(6)In subsection (5)—

(a)for “he serves” substitute “ they serve ”, and

(b)for “Secretary of State” substitute “ Welsh Ministers ”.

22In section 52T(7)(a) (duty of designated billing authority) for “general” substitute “ council ”.E+W

23(1)Section 52U (duty of designated precepting authority) is amended as follows.E+W

(2)In subsection (2)—

(a)omit paragraph (a), and

(b)in paragraph (b) omit “(in any other case)”.

(3)Omit subsection (3).

(4)In subsection (4) omit “is not the Greater London Authority and it”.

(5)In subsection (5) omit “(3) or”.

(6)Omit subsection (6).

(7)Omit subsection (9).

(8)Omit subsections (11) to (13).

24(1)Section 52V (failure to make or substitute calculation) is amended as follows.E+W

(2)For subsection (3) substitute—

(3)In the case of a billing authority, the Welsh Ministers may direct the authority to comply with section 52T.

(3A)A direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.

(3)In subsection (5)(b) omit “52T or”.

25(1)Section 52W (meaning of budget requirement) is amended as follows.E+W

(2)In subsection (1) omit “other than the Greater London Authority”.

(3)Omit subsection (2).

26(1)Section 52X (calculations to be net of precepts) is amended as follows.E+W

(2)In subsection (2)—

(a)in paragraph (a) for “Secretary of State proposes” substitute “ Welsh Ministers propose ”,

(b)in paragraph (b) for “he proposes” substitute “ they propose ”,

(c)in paragraph (d) for “he proposes” substitute “ they propose ”, and

(d)in paragraph (e) for “he expects” substitute “ they expect ”.

(3)In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (7) for “House of Commons” substitute “ National Assembly for Wales ”.

27(1)Section 52Y (information for purposes of Chapter 4A) is amended as follows.E+W

(2)In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In subsection (4)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”,

(b)for “him” in both places substitute “ them ”, and

(c)for “his” in both places substitute “ their ”.

(5)In subsection (5) for “Secretary of State specifies” substitute “ Welsh Ministers specify ”.

(6)In subsection (7)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”,

(b)for “his” in both places substitute “ their ”, and

(c)for “he thinks” substitute “ they think ”.

(7)In subsection (8)—

(a)for “his” in both places substitute “ their ”,

(b)for “Secretary of State” substitute “ Welsh Ministers ”, and

(c)for “him” substitute “ them ”.

28Omit section 52Z (separate administration of Chapter 4A for England and Wales).E+W

29In section 66(2)(c) (matters that may not be questioned except by an application for judicial review)—E+W

(a)before “52I” insert “ 52ZF, ”, and

(b)before “52J” insert “ 52ZJ, ”.

30In section 67(2)(b) (functions to be discharged only by authority)—E+W

(a)before “52I” insert “ 52ZF, ”, and

(b)before “52J” insert “ 52ZJ, ”.

31In section 106(2)(a) (council tax: restrictions on voting) after “IV” insert “ , 4ZA ”.E+W

32In section 113(3) (orders and regulations to be subject to annulment by either House of Parliament, except in certain cases) after “except in the case of” insert “ regulations under section 52ZQ above or ”.E+W

Police Act 1996 (c. 16)E+W

33In section 41(2) of the Police Act 1996 (direction as to minimum budget) after “Chapter” insert “ 4ZA or ”.E+W

Greater London Authority Act 1999 (c. 29)E+W

34The Greater London Authority Act 1999 is amended as follows.E+W

35In section 95 (minimum budget for Metropolitan Police Authority) after subsection (3) insert—E+W

(3A)The power exercisable by virtue of subsection (2) above, and any direction given under that power, are subject to any limitation imposed under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 (council tax referendums).

36In section 96 (provisions supplementary to section 95) after subsection (6) insert—E+W

(7)Subsections (5) and (6) above are subject to section 95(3A) (which provides that directions under that section are subject to the limitations imposed by the provisions about council tax referendums in Chapter 4ZA of Part 1 of the Local Government Finance Act 1992).

37(1)Schedule 6 (procedure for determining the authority's consolidated budget requirement) is amended as follows.E+W

(2)In paragraph 1 after sub-paragraph (4) insert—

(5)In this Schedule “the relevant principles”, in relation to a budget or a council tax requirement for a financial year, means the principles approved by the House of Commons for the financial year under section 52ZD of the Local Government Finance Act 1992 (principles in connection with council tax referendums).

(6)For the purposes of this Schedule, whether or not a budget or council tax requirement for a financial year complies with the relevant principles is to be determined by reference to whether or not the amount that would be calculated for the year under section 88 or 89 above (calculation of basic amount of council tax) by reference to the budget or council tax requirement is excessive by reference to the relevant principles.

(3)In paragraph 4—

(a)after sub-paragraph (1) insert—

(1A)If the draft consolidated budget does not comply with the relevant principles, the Assembly shall also prepare a draft substitute consolidated budget that complies with those principles., and

(b)after sub-paragraph (2) insert—

(3)If, at the public meeting referred to in sub-paragraph (2) above, the draft substitute consolidated budget prepared under sub-paragraph (1A) above is approved by the Assembly, that draft, as so approved, shall be the Authority's substitute consolidated budget for the financial year to which it relates.

(4)After paragraph 6 insert—

The Mayor's substitute consolidated budgetE+W

6A(1)This paragraph applies if the Mayor prepares a final draft budget that does not comply with the relevant principles.

(2)The Mayor shall also prepare a draft substitute consolidated budget that complies with those principles.

(3)The Mayor shall—

(a)present the draft substitute consolidated budget to the Assembly, and

(b)publish it in such manner as the Mayor may determine.

(4)The Mayor shall, at the time when the Mayor presents the draft substitute consolidated budget to the Assembly, lay before the Assembly in accordance with standing orders of the Authority a written statement of the reasons for the differences between the final draft budget and the draft substitute consolidated budget.

(5)It shall be the duty of the Mayor (having regard to paragraphs 8(7) and 8C below) to comply with sub-paragraph (4) above before the last day of February in the financial year preceding that to which the final draft budget relates.

(5)In paragraph 7 after sub-paragraph (4) insert—

(4A)If the Authority's consolidated council tax requirement does not comply with the relevant principles, the Assembly shall also agree a substitute consolidated council tax requirement that complies with those principles at the public meeting.

(6)In paragraph 8 after sub-paragraph (6) insert—

(6A)Sub-paragraph (6B) below applies if—

(a)the final draft budget is approved by the Assembly with amendments, and

(b)as a result, the final draft budget no longer complies with the relevant principles.

(6B)The Assembly shall also agree a substitute consolidated budget that complies with those principles at the public meeting.

(7)After paragraph 8A insert—

Approval of substitute consolidated budget by Assembly following non-compliance by Mayor with paragraph 6AE+W

8B(1)This paragraph applies if—

(a)the Mayor presents a final draft budget to the Assembly in accordance with paragraph 6 above, and

(b)the Mayor has failed to comply with paragraph 6A(5) above.

(2)If at the public meeting held under paragraph 8 above the Assembly approves a final draft budget that does not comply with the relevant principles, it shall also agree a substitute consolidated budget that complies with those principles at that meeting.

Approval of substitute consolidated budget by Assembly following compliance by Mayor with paragraph 6AE+W

8C(1)This paragraph applies if—

(a)the Mayor presents a draft substitute consolidated budget to the Assembly in accordance with paragraph 6A above,

(b)a public meeting is held under paragraph 8 above to consider the draft final budget to which it relates, and

(c)the final budget as approved at that public meeting continues not to comply with the relevant principles.

(2)The draft substitute consolidated budget must be considered at the public meeting.

(3)After considering the draft substitute consolidated budget, the Assembly must approve it with or without amendment (but see paragraph 8D below).

(4)For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting.

(5)If no amendments are made on consideration of the draft substitute consolidated budget, it shall be deemed to be approved without amendment.

(6)The draft substitute consolidated budget as approved by the Assembly with or without amendments shall be the Authority's substitute consolidated budget for the financial year.

Limit on Assembly's power to amend Mayor's substitute consolidated budgetE+W

8D(1)Paragraph 8A above applies to amendments to the draft substitute consolidated budget as it applies to amendments to the final draft budget but as if—

(a)references to the final draft component council tax requirement for the Assembly were to the component council tax requirement for the Assembly as stated in the draft substitute consolidated budget, and

(b)references to the final draft component council tax requirement for the Mayor were to the component council tax requirement for the Mayor as stated in the draft substitute consolidated budget.

(2)In exercising its powers of amendment under paragraph 8C above, the Assembly must not in any event make amendments that mean that the draft substitute consolidated budget no longer complies with the relevant principles.

(8)After paragraph 9 insert—

Failure of Assembly to approve draft substitute consolidated budgetE+W

9AIf the Assembly fails to comply with paragraph 8C above, the draft substitute consolidated budget presented to the Assembly in accordance with paragraph 6A above shall be the Authority's substitute consolidated budget for the year.

38(1)Schedule 7 (procedure for making of substitute calculations by the Authority) is amended as follows.E+W

(2)In paragraph 3(1) for “52K or 52V” substitute “ 52ZW ”.

(3)In paragraph 6(1) for “52K or 52V” substitute “ 52ZW ”.

Section 79

SCHEDULE 7E+WCouncil tax: minor and consequential amendments

Local Government Finance Act 1988 (c. 41)E+W

1The Local Government Finance Act 1988 is amended as follows.E+W

2In section 74(4) (levies)—E+W

(a)in paragraph (a) after “section” insert “ 31A or ”, and

(b)in paragraph (b) after “section” insert “ 42A or ”.

3In section 75(6)(a) (special levies) after “section” insert “ 31A or ”.E+W

4In section 97(1) (principal transfers between funds)—E+W

(a)for “32 to 36” substitute “ 31A, 31B and 34 to 36 ”,

(b)in the definition of item B for “33(1)” substitute “ 31B(1) ”, and

(c)in the definition of item T for “33(1)” substitute “ 31B(1) ”.

5In section 99(4) (regulations about funds) for “32(4)” substitute “ 31A(4) ”.E+W

6In Schedule 7 (non-domestic rating: multipliers) in paragraph 9(4) in the definition of item C for “32(4)” substitute “ 31A(4) ”.E+W

Local Government Finance Act 1992 (c. 14)E+W

7The Local Government Finance Act 1992 is amended as follows.E+W

8(1)Section 30 (amounts of council tax for different categories of dwelling) is amended as follows.E+W

(2)In subsection (2)—

(a)in paragraph (a) for “sections 32 to 36 below;” substitute

(i)in the case of a billing authority in England, sections 31A, 31B and 34 to 36 below, or

(ii)in the case of a billing authority in Wales, sections 32 to 36 below;, and

(b)in paragraph (b) for the words from “, have been calculated” to the end of the paragraph substitute

(i)in the case of a billing authority in England, have been calculated in accordance with sections 42A, 42B and 45 to 47 below and have been stated (or last stated) in accordance with section 40 below in precepts issued to the authority by major precepting authorities, or

(ii)in the case of a billing authority in Wales, have been calculated in accordance with sections 43 to 47 below and have been stated (or last stated) in accordance with section 40 below in precepts issued to the authority by major precepting authorities.

(3)In subsection (4) for “sections 32” to the end of the subsection insert

(a)in the case of a billing authority in England, sections 31A, 31B and 34 to 36 below, or sections 42A, 42B and 45 to 47 below, or both, or

(b)in the case of a billing authority in Wales, sections 32 to 36 below, or sections 43 to 47 below, or both.

9In section 31(1)(a) (substituted amounts) after “ section ” insert “ 36A, ”.E+W

10(1)Section 32 (calculation of budget requirement by billing authority) is amended as follows.E+W

(2)In the heading at the end insert “ by authorities in Wales ”.

(3)In subsection (1) after “billing authority” insert “ in Wales ”.

(4)In subsection (2)—

(a)omit the paragraph (a) inserted in relation to authorities in England by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190) (so that the paragraph (a) in that subsection as enacted continues to have effect for authorities in Wales),

(b)at the end of paragraph (c) insert “ and ”, and

(c)omit paragraph (e).

(5)In subsection (3)—

(a)in paragraph (a)—

(i)omit the words “general fund or (as the case may be)”,

(ii)omit the words from “BID levy” to “2003,”, and

(iii)omit the words “or (in the case of the Common Council only) police grant”,