Statutory Instruments
LOCAL GOVERNMENT, ENGLAND
Made
19th October 2000
Laid before Parliament
26th October 2000
Coming into force
16th November 2000
The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred upon him by sections 31(7), (8), (9) and 105(2) of the Local Government Act 2000(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations—
1.—(1) These Regulations may be cited as the Local Authorities (Proposals for Alternative Arrangements) (England) Regulations 2000 and shall come into force on 16th November 2000.
(2) These Regulations apply in relation to local authorities in England(2).
2. In these Regulations—
“the Act” means the Local Government Act 2000;
“local authority” means a local authority to which section 31 of the Act (alternative arrangements in the case of certain local authorities) applies;
“proposals” means proposals under section 31 of the Act for the operation of alternative arrangements.
3.—(1) For the purpose of drawing up proposals a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
(2) In drawing up its proposals a local authority must—
(a)decide which type of alternative arrangements is to be included in the proposals; and
(b)comply with any directions given by the Secretary of State for the purposes of these Regulations.
(3) A local authority must include in its proposals—
(a)such details of the alternative arrangements as the Secretary of State may direct;
(b)a timetable with respect to the implementation of the proposals; and
(c)details of any transitional arrangements which are necessary for the implementation of the proposals.
(4) A local authority shall send to the Secretary of State—
(a)a copy of its proposals; and
(b)a statement which describes—
(i)the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, both pursuant to section 31(5) of the Act and to paragraph (1) above;
(ii)the outcome of those consultation and the extent to which that outcome is reflected in the proposals;
(iii)the reasons why the authority considers that its proposals will be more suitable for circumstances in that authority and its area than any form of executive specified in or under section 11 of the Act; and
(iv)the reasons why the authority considers that its proposals would be likely, if implemented, to ensure that decisions of the authority are taken in an efficient transparent and accountable way.
(5) A local authority must implement its proposals in accordance with the timetable included in those proposals.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
19th October 2000
(This note is not part of the Regulations)
Under Part II of the Local Government Act 2000 (“the Act”), local authorities are required to make arrangements for the discharge of their functions by executives which must take one of the forms specified in section 11(2) to (4) of the Act or in regulations under section 11(5). Section 25 of the Act requires local authorities to draw up proposals for executive arrangements. Section 31 of the Act permits a local authority to which that section applies to draw up proposals for alternative arrangements of a particular type permitted by regulations under section 32 of the Act. These regulations contain requirements as to those proposals for alternative arrangements.
Regulation 3(1) requires an authority to take reasonable steps to consult. Regulation 3(2) requires an authority to decide what form of alternative arrangements to include in its proposals and to comply with any directions given by the Secretary of State. Regulation 3(3) specifies the matters which must be included in the proposals and regulation 3(4) requires that a copy of the proposals and accompanying information be sent to the Secretary of State. Regulation 3(5) requires an authority to implement its proposals for alternative arrangements in accordance with the timetable included in those proposals.
For the application of section 31 of the Local Government Act 2000 to Wales, see section 106 of that Act.