The Local Authorities (Changing Executive Arrangements and Alternative Arrangements) (England) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

Part II of the Local Government Act 2000 provides for local authorities to draw up proposals for the operation of executive arrangements (under which certain functions of the authority are the responsibility of an executive) or, in the case of certain authorities, for the operation of alternative arrangements. In the case of executive arrangements, the local authority’s executive must take one of the forms specified in section 11 of that Act.

These Regulations extend to England only and references to a local authority are references to a county council in England, a district council or a London borough council (regulation 1).

These Regulations enable a local authority, which is operating executive arrangements, to draw up proposals to change those executive arrangements or, in the case of certain local authorities, to replace them with alternative arrangements. The Regulations also enable a local authority, which is operating alternative arrangements, to draw up proposals to change those alternative arrangements or to replace them with executive arrangements (regulation 2).

Regulation 3 makes provision, in relation to certain proposals, for consultation and for what must be included in the proposals. There is a requirement, in relation to all proposals, for the local authority to consider how the proposals may assist in securing continuous improvement in the way in which its functions are exercised, having regard to economy, efficiency and effectiveness.

A local authority must comply with directions given by the Secretary of State for the purposes of these Regulations (regulation 4).

Where a local authority proposes to change its executive arrangements, but not to have a different form of executive, if the authority has an elected mayor, his consent is required. This does not apply if the proposals only involve changing the operation or functions of an overview and scrutiny committee or a sub-committee of such a committee (regulation 5).

Regulation 6 sets out when a referendum is required before a local authority can take steps to implement its proposals.

Regulation 7 provides for certain information to be sent to the Secretary of State.

Regulation 8 provides for certain proposals, which do not require a referendum, to be implemented in accordance with the timetable included in the proposals.

Where a referendum rejects proposals, the local authority must continue to operate its existing arrangements unless and until it is authorised or required to operate other arrangements. Where a referendum approves proposals, the local authority must implement them in accordance with the timetable included in the proposals, provided that the proposals are not implemented before the end of the term of office of any elected mayor under existing executive arrangements (regulation 9).

Regulation 10 requires a resolution of the local authority in order for that authority to operate different arrangements.

After making a resolution under section 29(1) or 33(2), as applied by regulation 10, copies of a document setting out the provisions of the proposed arrangements must be available for public inspection at the local authority’s principal office. For certain proposals, and for proposals that have been rejected by a referendum, specified information must be published in one or more newspapers (regulation 11).