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Local Government and Public Involvement in Health Act 2007

Commentary on Sections

Part 3: Executive Arrangements for England

Executive Arrangements for England

Section 64: Changing governance arrangements

161.This section inserts new sections 33A to 33O into the Local Government Act 2000. The new provisions allow a local authority to change their executive arrangements, including the replacement of their existing form of executive with a different form of executive as permitted under section 11 of the Local Government Act 2000; or where they are operating alternative arrangements, to change their alternative arrangements, including the replacement of those arrangements with executive arrangements.

162.Sections 33A to 33I set out the general procedure to be followed by local authorities. These provisions require a local authority to draw up proposals for a change in governance arrangements and allow them to provide for the change to be subject to approval in a referendum where the proposed change is for the operation of a different form of executive or a move to executive arrangements. They require an authority to take reasonable steps to consult local government electors and other interested persons on the proposals and to pass a resolution to make the proposed change. They also make provision about the implementation of the change.

163.Sections 33J to 33N impose certain additional requirements in relation to proposals for a change to a new form of executive or to executive arrangements and proposals which are to be subject to a referendum.

164.Section 33O is an interpretation provision.

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