The Localism Act 2011 (Local Authority Governance Transitional Provisions) (England) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes transitional provision in relation to sections 21 and 22 of, and Schedules 2 and 3 to, the Localism Act 2011, which inserted new Part 1A into the Local Government Act 2000. Part 1A replaces Part 2 of the Local Government Act 2000 so far as it relates to local authority governance arrangements in England.

Article 2 preserves current rules relates to elections and terms of office of executive leaders in local authorities operating leader and cabinet executives (England), until such time as a local authority makes provision in their executive arrangements under section 9I of the 2000 Act.

Under Part 2 a local authority was required to operate a form of executive arrangements consisting of either a mayor and cabinet or a leader and cabinet. However, a district council in an area for which there is a county council whose resident population on 30 June 1999 was less than 85,000 was allowed to adopt alternative arrangements. The Localism Act abolishes alternative arrangements. Instead under Part 1A of the 2000 Act any local authority in England must operate a mayor and cabinet executive, a leader and cabinet executive, a committee system, or arrangements as may be prescribed by regulations under section 9BA of the 2000 Act. The effect of Article 3 is that local authorities currently operating alternative arrangements are automatically converted at the relevant time specified in the Order so that they operate the committee system under Part 1A.

A full impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.