C1F1PART 1AArrangements with respect to local authority governance in England
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
C1CHAPTER 2Executive arrangements
Leader and cabinet executives (England)
9IElection and term of office of leader
Executive arrangements by a local authority which provide for a leader and cabinet executive (England)—
a
must include provision with respect to the election of the executive leader, including provision for an election where there is a vacancy in the office of executive leader, and
b
may include provision with respect to the term of office of the executive leader.
9IARemoval of leader
1
Executive arrangements by a local authority which provide for a leader and cabinet executive (England) must include provision for the council to remove the executive leader by resolution.
2
If a council passes a resolution to remove the executive leader, a new executive leader is to be elected—
a
at the meeting at which the leader is removed from office, or
b
at a subsequent meeting.
9IBLeader to continue to hold office as councillor
1
A person who is the executive leader of a leader and cabinet executive (England) remains a member of the council during the period that the person is the executive leader.
2
Accordingly, any enactment which provides for the person's earlier retirement as a councillor does not apply.
3
This section does not affect anything by which the executive leader may cease to be a councillor otherwise than by retirement (including disqualification or resignation).
9ICNo other means of removing leader
1
This section applies to a local authority which operates a leader and cabinet executive (England).
2
An executive leader may not be removed from office except in accordance with section 9IA or regulations under section 9ID.
9IDRegulations
1
The Secretary of State may by regulations make provision—
a
as to the election and removal from office of executive leaders of leader and cabinet executives (England),
b
as to the term of office of an executive leader of a leader and cabinet executive (England), and
c
as to the filling of vacancies in the office of executive leader of a leader and cabinet executive (England).
2
Sections 9I to 9IC are subject to regulations under this section.
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)