SCHEDULES

SCHEDULE 3Executives: further amendments

Local Government Act 1972 (c. 70)

1

The Local Government Act 1972 is amended as follows.

2

1

Section 2 (constitution of principal councils in England) is amended as follows.

2

After subsection (2A) insert—

2B

In such a case, a reference in this Act to a member of a council is a reference to—

a

the elected mayor of the council,

b

the chairman of the council, or

c

a councillor of the council.

3

1

Section 3 (chairman) is amended as follows.

2

In subsection (4A) omit “or a mayor and council manager executive”.

4

1

Section 21 (constitution of principal councils in Wales) is amended as follows.

2

After subsection (1A) insert—

1B

In such a case, a reference in this Act to a member of a council is a reference to—

a

the elected mayor of the council,

b

the chairman of the council, or

c

a councillor of the council.

5

1

Section 79 (qualifications for election and holding office) is amended as follows.

2

In subsection (1) omit “, or be qualified to be elected and to be an elected mayor,”.

6

1

Section 80 (disqualification for election and holding office) is amended as follows.

2

In subsection (1) in the words before paragraph (a) omit “, and be disqualified for being elected or being an elected mayor,”.

7

1

Section 100G (principal councils to publish additional information) is amended as follows.

2

In subsection (1)(a) for the second “and” substitute “ together with, in the case of a councillor, ”.

8

1

Section 100J (application of Part 5A to new authorities, Common Council, etc) is amended as follows.

2

In subsection (4)(a)—

a

for “from “ward” onwards” substitute “ after “together with” ”;

b

before “name” insert “ the ”.

3

In subsection (4)(aa)—

a

for “from “ward” onwards” substitute “ after “together with” ”;

b

before “name” insert “ the ”.

4

In subsection (4)(b) for “from “and the ward” onwards” substitute “ after “for the time being” ”.

5

In subsection (4)(c)—

a

before “ward” insert “ , in the case of a councillor, the ”;

b

before “constituent” insert “ the ”.

6

In subsection (4A)—

a

before “the ward” insert “ together with, in the case of a councillor, ”;

b

before the first “whether” insert “ and ”.

9

1

Section 249 (honorary aldermen and freemen) is amended as follows.

2

In subsection (1) for “councillors” substitute “ members ”.

3

In subsection (2) for “councillor” substitute “ member ”.

10

1

Section 270 (general provisions as to interpretation) is amended as follows.

2

In subsection (1) for the definition of “leader and cabinet executive” substitute—

“leader and cabinet executive means”—

a

in relation to England: a leader and cabinet executive (England);

b

in relation to Wales: a leader and cabinet executive (Wales);

3

In subsection (1) insert the following definitions at the appropriate places—

  • leader and cabinet executive (England)” has the same meaning as in Part 2 of the Local Government Act 2000;

leader and cabinet executive (Wales)” has the same meaning as in Part 2 of the Local Government Act 2000;

4

In subsection (4A) omit “or a mayor and council manager executive”.

11

1

Schedule 2 (constitution and membership of London borough councils) is amended as follows.

2

For paragraph 5C substitute—

5C

1

The council shall consist of an elected mayor, a chairman and councillors.

2

A reference in this Act to a member of the council is a reference to—

a

the chairman of the council,

b

a councillor of the council, or

c

the elected mayor of the council.

12

1

Schedule 12 (meetings and proceedings of local authorities) is amended as follows.

2

In paragraph 5(5) (who presides over meeting of council operating mayoral executive) omit “or a mayor and council manager executive”.