PART 1A

Arrangements with respect to local authority governance in England
CHAPTER 1

Permitted forms of governance

Power of Secretary of State to prescribe additional permitted governance arrangements
9BA
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.
Pt. 1A modified (1.4.2013) by The Isles of Scilly (Functions) (Review and Scrutiny) Order 2013 (S.I. 2013/643), arts. 1(1), 2
Pt. 1A modified by S.I. 2008/2113, reg. 10 (as substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(3))
Pt. 1A modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 12(5)-(8)
Pt. 1A modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 15 (with reg. 1(2)(3))
Pt. 1A modified in part (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 6(17)
Pt. 1A modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 27(8)
Pt. 1A modified in part (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 8(7)
Pt. 1A modified in part (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 8(7)
Pt. 1A modified in part (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 8(7)
Pt. 1A inserted (3.12.2011 for specified purposes, 15.1.2012 for the insertion of Pt. 1A Ch. 4 so far as not already in force and ss. 9B, 9C and 9R for specified purposes, 9.3.2012 for the insertion of ss. 9H-9HE in so far as not already in force and s. 9R for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/57, art. 4(1)(b) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 2(a); S.I. 2012/1008, art. 4(b)
Pt. 1A modified in part (14.2.2020) by S.I. 2020/156, art. 7 (as substituted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)
Pt. 1A modified in part (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 7(2)