Local Government and Public Involvement in Health Act 2007

Change in form of executive

9 (1) This paragraph applies if the proposals drawn up in accordance with section 33E provide for a change to a mayor and cabinet executive.

(2) The proposals must specify the day on which the authority is to cease operating the mayor and council manager executive and start operating the mayor and cabinet executive.

(3) The day specified in accordance with sub-paragraph (2) must fall before the day which is expected to be the last day of the relevant mayoral term.

(4) Any 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, and

(b) on or before 31 December 2008 or such later date as the Secretary of State may by order provide.

(5) The following sub-paragraphs apply if the local authority adopt the mayor and cabinet executive.

(6) On the day specified in accordance with sub-paragraph (2), the local authority must—

(a) cease operating the mayor and council manager executive, and

(b) start operating the mayor and cabinet executive.

(7) The council manager ceases to hold office when the local authority ceases to operate the mayor and council manager executive.

(8) But—

(a) the mayor does not cease to hold office, and

(b) his term of office is not affected,

by virtue of the local authority ceasing to operate the mayor and council manager executive.

(9) Subject to sub-paragraph (6), the local authority must implement the change in governance arrangements in accordance with the timetable in the proposals.

(10) Any arrangements (including any enactment or subordinate legislation) which apply to the election of the mayor of the mayor and council manager executive—

(a) apply to the first election of the mayor of the mayor and cabinet executive as if it were the election of the mayor of the mayor and council manager executive, and

(b) subject to any order under Part 3, apply in the same way to subsequent elections of the mayor of the mayor and cabinet executive.