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Part IIE+W Arrangements with respect to executives etc.

Modifications etc. (not altering text)

C1Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)

C2Pt. II extended (1.9.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), ss. 183(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

C4Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)

C5Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)

[F1Further requirements for certain changesE+W

Textual Amendments

F1Ss. 33A-33O and cross-headings inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 64, 245(2)

33JNew form of executive or move to executive: general requirementsE+W

(1)This section applies to a change in governance arrangements of the kind set out in—

(a)section 33A (new form of executive), or

(b)section 33C (move to executive arrangements).

(2)The proposals must state the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive which will be operated if the proposals are implemented.

(3)The proposals (particularly any provision about timetables and transitional matters included in accordance with section 33E(3)) must be such as to ensure that the proposed change can take effect (so far as required to) in accordance with section 33G(2).

Modifications etc. (not altering text)

33KChanges subject to approval in a referendum: additional requirementsE+W

(1)This section applies to a change in governance arrangements if—

(a)the change is of the kind set out in section 33A (new form of executive) or section 33C (move to executive arrangements), and

(b)the change is subject to approval in a referendum.

(2)The local authority must 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.

(6)If the result of the referendum is not to approve the proposals, the local authority must publish in one or more newspapers circulating it its area a notice which—

(a)summarises the proposals,

(b)states that the referendum did not approve the proposals,

(c)summarises the authority's existing executive arrangements, and

(d)states that the authority will be continuing to operate those arrangements.

Modifications etc. (not altering text)

33LChange not subject to approval in a referendum: additional requirementsE+W

(1)This section applies to a change of governance arrangements if—

(a)the change is of the kind set out in section 33A (new form of executive) or section 33C (move to executive arrangements), and

(b)the change is not subject to approval in a referendum.

(2)Any resolution to make the change in governance arrangements must be passed during a permitted resolution period.

(3)Subsection (4) applies if—

(a)the local authority is operating a mayor and cabinet executive, and

(b)the proposed new form of executive is a leader and cabinet executive (England).

(4)In such a case—

(a)the consultation required by section 33E(6) must last for at least 12 weeks; and

(b)the local authority's proposals must include statements of the following things—

(i)the arguments in favour of making the proposed change;

(ii)any arguments against making the proposed change;

(iii)the local authority's reasons for wishing to make the proposed change.

(5)Subsection (6) applies if—

(a)the local authority is operating a mayor and cabinet executive, and

(b)the proposed new form of executive is a form prescribed in regulations under section 11(5).

(6)In such a case, the resolution to make the change in governance arrangements must be passed—

(a)at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object;

(b)by a majority of at least two thirds of members voting on it.

(7)In subsection (6) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

Modifications etc. (not altering text)

33MCases in which change subject to approval in referendumE+W

(1)For the purposes of sections 33K and 33L a change in governance arrangements is subject to approval in a referendum in either of the following cases.

(2)The first case is where the proposals for implementing the local authority's current form of executive were themselves approved in a referendum.

(3)The second case is where the local authority's proposals under section 33E provide for the change in governance arrangements to be subject to approval in a referendum.

33NVariation of mayoral executiveE+W

(1)This section applies to a change in governance arrangements of the kind set out in section 33B (variation of executive arrangements) if the local authority is operating a mayor and cabinet executive.

(2)The local authority may not make any proposals for the change in governance arrangements unless the elected mayor has given written consent to the proposed change.]