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Point in time view as at 06/04/2014.

Changes to legislation:

Local Government Act 2000, Part II is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part IIE+W [F1Local authorities in Wales: arrangements] with respect to executives etc.

Textual Amendments

F1Words in Pt. II heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 9; S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

C1Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)

C2Pt. II extended (1.9.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), ss. 183(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

C4Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)

C5Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)

Executive arrangementsE+W

10 Executive arrangements.E+W

(1)In this Part “executive arrangements” means arrangements by a local authority [F2 in Wales ]—

(a)for and in connection with the creation and operation of an executive of the authority, and

(b)under which certain functions of the authority are the responsibility of the executive.

(2)Executive arrangements by a local authority [F2in Wales ] must conform with any provisions made by or under this Part which relate to such arrangements.

Textual Amendments

F2Words in s. 10 inserted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 10; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

Commencement Information

I1S. 10 wholly in force at 28.7.2001; s. 10 not in force at Royal Assent see s. 108; s. 10 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 10 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Local authority executivesE+W

11 Local authority executives.E+W

[F3(1)The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.]

(2)[F4[F5The] executive may consist of—]

(a)an elected mayor of the authority, and

(b)two or more councillors of the authority appointed to the executive by the elected mayor.

Such an executive is referred to in this Part as a mayor and cabinet executive.

F6(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F7[F8The] executive may consist of—]

(a)a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and

(b)two or more councillors of the authority appointed to the executive by one of the following—

(i)the executive leader, or

(ii)the authority.

Such an executive is referred to in this Part as a [F9leader and cabinet executive (Wales)].

(4)[F10[F11In the case of any local authority in Wales, the executive may consist of—]

(a)an elected mayor of the authority, and

(b)an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority.]

Such an executive is referred to in this Part as a mayor and council manager executive.

(5)[F12[F13 The] executive] may take any such form as may be prescribed in regulations made by the [F14Welsh Ministers].

(6)Regulations under subsection (5) may, in particular, provide for—

(a)a form of executive some or all of the members of which are elected by the local government electors for the authority’s area to a specified post in the executive associated with the discharge of particular functions,

(b)a form of executive some or all of the members of which are elected by those electors but not to any such post,

(c)the system of voting that will be used for elections under paragraph (a) or (b).

(7)A local authority executive may not include the chairman or vice-chairman of the authority.

(8)The number of members of a mayor and cabinet executive or a leader and cabinet executive [F15(Wales)] may not exceed 10.

[F16(8A)For the purposes of subsection (8), no account is to be taken of a member appointed to the executive on a temporary basis to cover the absence of a member exercising a right to a family absence under Part 2 of the Local Government (Wales) Measure 2011.]

(9)The [F17Welsh Ministers] may by regulations [F18specify] a different maximum number of members of an executive to which [F19subsection (8)] applies, but the power under this subsection may not be exercised F20... so as to provide for a maximum number which exceeds 10.

F21(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Section 101 of the M1Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under [F22subsection F23... (3)(a)] or appointing councillors [F24or an officer ]to the executive under subsection (3)(b)(ii) [F25or (4)(b)].

Textual Amendments

F5Word in s. 11(2) substituted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F6S. 11(2A) repealed (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(3), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)(c)

F8Word in s. 11(3) substituted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(4); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F13Words in s. 11(5) substituted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(5)(a); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F14Words in s. 11(5) substituted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(5)(b); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F15Word in s. 11(8) inserted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(6); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F17Words in s. 11(9) substituted (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(7)(a); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)

F20Words in s. 11(9) repealed (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(7)(b), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)(c)

F21S. 11(9A) repealed (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(8), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)(c)

F23Words in s. 11(10) repealed (15.1.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 11(9), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11); S.I. 2012/1008, art. 4(b)(c)

Modifications etc. (not altering text)

C8S. 11 applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(2)

Commencement Information

I2S. 11 wholly in force at 28.7.2001; s. 11 not in force at Royal Assent see s. 108; s. 11 in force at 7.8.2000 in so far as it confers power to make an order or regulations, gives directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 11 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 11(5)(6)(9) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 11 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

12 Additional forms of executive.E+W

(1)In deciding whether to make regulations under section 11(5) prescribing a particular form of executive, or which provision to make under section 17 in relation to that form of executive, the [F26Welsh Ministers] must have regard to—

(a)any proposals made to [F27them] under subsection (2),

(b)the extent to which [F28they consider] that the operation by a local authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way,

(c)the extent to which that form of executive differs from the forms of executive for the time being permitted by or under section 11,

(d)the number and description of authorities for which [F29they consider] that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive to consider.

(2)For the purposes of subsection (1), a local authority may propose to the [F30Welsh Ministers] a form of executive in relation to which the authority consider that the conditions mentioned in subsection (3) are satisfied.

(3)Those conditions are—

(a)that the operation by the authority of executive arrangements involving that form of executive would be an improvement on the arrangements which the authority have in place for the discharge of their functions at the time that the proposal is made to the [F31Welsh Ministers],

(b)that the operation by the authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way, and

(c)that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive for all local authorities, or for any particular description of local authority, to consider.

(4)A proposal under subsection (2)—

(a)must describe the form of executive to which it relates,

(b)must describe the provision which the authority consider should be made under section 17 in relation to that form of executive, and

(c)must explain why the authority consider that the conditions mentioned in subsection (3) are satisfied in relation to that form of executive.

Textual Amendments

Commencement Information

I3S. 12 wholly in force at 28.7.2001; s. 12 not in force at Royal Assent see s. 108; s. 12 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 12(1) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 12 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Executive functionsE+W

13 Functions which are the responsibility of an executive.E+W

(1)This section has effect for the purposes of determining the functions of a local authority which are the responsibility of an executive of the authority under executive arrangements.

(2)Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of a local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.

(3)The [F32Welsh Ministers] may by regulations make provision for any function of a local authority specified in the regulations—

(a)to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,

(b)to be a function which may be the responsibility of such an executive under such arrangements, or

(c)to be a function which—

(i)to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and

(ii)to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.

(4)Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—

(a)to be a function which is to be the responsibility of an executive of the authority,

(b)to be a function which is not to be the responsibility of such an executive, or

(c)to be a function which—

(i)to the extent provided by the arrangements is to be the responsibility of such an executive, and

(ii)to the extent provided by the arrangements is not to be the responsibility of such an executive.

(5)The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority—

(a)to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and

(b)to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.

(6)The [F33Welsh Ministers] may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.

(7)A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the M2Local Government Act 1972, or any provision of that section, does not apply to that function.

(8)Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of this section, the responsibility of the executive under such arrangements.

(9)Any function which is the responsibility of an executive of a local authority under executive arrangements—

(a)is to be regarded as exercisable by the executive on behalf of the authority, and

(b)may be discharged only in accordance with any provisions made by or under this Part F34... [F35or under section 56 of the Local Government (Wales) Measure 2011] which apply to the discharge of any such function by that form of executive.

(10)Accordingly any function which is the responsibility of an executive of a local authority under executive arrangements—

(a)may not be discharged by the authority,

(b)is not to be a function to which section 101(1) of the M3Local Government Act 1972 applies, and

(c)may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 20.

(11)Subject to any provision made under subsection (12), any function which, under executive arrangements, is not the responsibility of an executive of a local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.

(12)The [F36Welsh Ministers] may by regulations make provision with respect to the discharge of any function which, under executive arrangements, is not the responsibility of an executive of a local authority (including provision disapplying section 101 of the M4Local Government Act 1972 or any provision of that section).

(13)Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.

(14)In this section—

  • “action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—

    (a)

    the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,

    (b)

    the doing of anything incidental or conducive to the discharge of the function, or

    (c)

    the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b),

  • “function” means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.

Textual Amendments

F32Words in s. 13(3) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 13(2); S.I. 2012/1008, art. 4(b)

F33Words in s. 13(6) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 13(3); S.I. 2012/1008, art. 4(b)

F36Words in s. 13(12) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 13(5); S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

C11S. 13 modified (temp. until 1/4/2009) (26.2.2008) by The Cornwall (Structural Change) Order 2008 (S.I. 2008/491), arts. 1, 8(5)

C12S. 13 modified (temp. until 1/4/2009) (26.2.2008) by The Shropshire (Structural Change) Order 2008 (S.I. 2008/492), arts. 1, 8(5)

C13S. 13 modified (temp. until 1/4/2009) (26.2.2008) by The Wiltshire (Structural Change) Order 2008 (S.I. 2008/490), arts. 1, 8(5)

C14S. 13 modified (temp. until 1/4/2009) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(5)

C16S. 13 modified (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(5)

Commencement Information

I4S. 13 wholly in force at 28.7.2001; s. 13 not in force at Royal assent see s. 108; s. 13 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 13 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 13(3)(5)(6)(12)-(14) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 13 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Provisions with respect to executive arrangementsE+W

14 [F37Discharge of functions: [F38mayor and cabinet executive]] E+W

[F39(1)Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility [F40of a mayor and cabinet executive are to be discharged in accordance with this section]. ]

(2)The [F41elected mayor] —

(a)may discharge any of those functions, or

(b)may arrange for the discharge of any of those functions—

(i)by the executive,

(ii)by another member of the executive,

(iii)by a committee of the executive, or

(iv)by an officer of the authority.

(3)Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the [F41elected mayor] otherwise directs, the executive may arrange for the discharge of any of those functions—

(a)by a committee of the executive, or

(b)by an officer of the authority.

(4)Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the [F41elected mayor] otherwise directs, [F42the member who may discharge the function] may arrange for the discharge of any of those functions by an officer of the authority.

(5)Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the [F41elected mayor] otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.

(6)Any arrangements made by virtue of this section by [F43an elected mayor], executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent [F44the elected mayor], executive, member or committee by whom the arrangements are made from exercising those functions.

F45(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38Words in s. 14 heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 14(2); S.I. 2012/1008, art. 4(b)

F40Words in s. 14(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 14(3); S.I. 2012/1008, art. 4(b)

F41Words in s. 14(2)-(5) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 14(4); S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

C17Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

C18S. 14 applied (with modifications) (temp. until 1/4/2009) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 7(2)(3)

C20S. 14 applied (with modifications) (temp.) (25.3.2010) by The Norwich and Norfolk (Structural Changes) Order 2010 (S.I. 2010/997), arts. 1, 4(2)

C22S. 14(5) applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(2)

C23S. 14(5) modified (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(2)

C25S. 14(6) applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(3)

C27S. 14(6) modified (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(3)

Commencement Information

I5S. 14 wholly in force at 28.7.2001; s. 14 not in force at Royal Assent see s. 108; s. 14 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 14 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

15 [F46Discharge of functions: leader and cabinet executive (Wales)]E+W

(1)Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of a [F47leader and cabinet executive (Wales)] are to be discharged in accordance with this section.

(2)The executive arrangements may make provision with respect to the allocation of any functions which are the responsibility of the executive among the following persons—

(a)the executive,

(b)any members of the executive,

(c)any committees of the executive, and

(d)any officers of the authority.

(3)If the executive arrangements make such provision as is mentioned in subsection (2), any person to whom a function is allocated in accordance with that provision may discharge the function.

(4)If or to the extent that the functions which are the responsibility of the executive are not allocated in accordance with such provision as is mentioned in subsection (2), the executive leader—

(a)may discharge any of those functions, or

(b)may arrange for the discharge of any of those functions—

(i)by the executive,

(ii)by another member of the executive,

(iii)by a committee of the executive, or

(iv)by an officer of the authority.

(5)Where by virtue of this section any functions may be discharged by a local authority executive, the executive may arrange for the discharge of any of those functions—

(a)by a committee of the executive, or

(b)by an officer of the authority.

(6)Where by virtue of this section any functions may be discharged by a member of a local authority executive, that member may arrange for the discharge of any of those functions by an officer of the authority.

(7)Where by virtue of this section any functions may be discharged by a committee of a local authority executive, the committee may arrange for the discharge of any of those functions by an officer of the authority.

(8)Where the executive leader makes or has made any arrangements under subsection (4)(b)(i), (ii) or (iii), he may direct that subsection (5), (6) or (7) (as the case may be) is not to apply to any of the functions which are the subject of those arrangements or is not to apply to any of those functions in such cases or circumstances as he may direct.

(9)Any arrangements made by virtue of this section by an executive leader, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the executive leader, executive, member or committee by whom the arrangements are made from exercising those functions.

(10)The reference in subsection (2)(b) to the members of the executive includes a reference to the executive leader, and subsection (6) in its application for the purposes of subsection (2)(b) is to be construed accordingly.

Textual Amendments

Modifications etc. (not altering text)

C28Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

C41S. 15(8) extended (16.11.2000 with application to local authorities in England only) by S.I. 2000/2851, regs. 1(2), 4(2)

Commencement Information

I6S. 15 wholly in force at 28.7.2001; s. 15 not in force at Royal Assent see s. 108; s. 15 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 15 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

16 Discharge of functions: mayor and council manager executive.E+W

[F48(1)Subject to any provision made under section 18, 19 or 20, the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.

(2)The council manager—

(a)may discharge any of those functions, or

(b)may arrange for the discharge of any of those functions—

(i)by the executive, or

(ii)by an officer of the authority.

(3)In deciding—

(a)whether or how to discharge any functions, or

(b)whether to arrange for any functions to be discharged by the executive or an officer of the authority,

the council manager must have regard to any advice given by the elected mayor.

(4)Where by virtue of this section any functions may be discharged by the executive of a local authority, the executive may arrange for the discharge of any of those functions by an officer of the authority.

(5)Any arrangements made by virtue of this section by a council manager or executive for the discharge of any functions by an executive or officer are not to prevent the council manager or executive by whom the arrangements are made from exercising those functions.]

Textual Amendments

Modifications etc. (not altering text)

C42Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

Commencement Information

I7S. 16 wholly in force at 28.7.2001; s. 16 not in force at Royal Assent see s. 108; s. 16 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 16 in force at 28.7.2001 in so far as not already in force see. 108(4)-(6)

17 Discharge of functions: s. 11(5) executive.E+W

(1)The [F49Welsh Ministers] may by regulations make provision with respect to the ways in which any functions which, under executive arrangements, are the responsibility of an executive which takes a form prescribed in regulations under section 11(5) are to be discharged.

(2)The provision which may be made by regulations under this section includes provision which applies or reproduces (with or without modifications) any provisions of section 14, 15 or 16.

(3)Nothing in subsection (2) affects the generality of the power under subsection (1).

(4)Any provision made by regulations under this section is subject to any provision made under section 18, 19 or 20.

Textual Amendments

F49Words in s. 17(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 15; S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

C43Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

Commencement Information

I8S. 17 wholly in force at 1.11.2000; s. 17 not in force at Royal Assent see s. 108; s. 17 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 17 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

18 Discharge of functions by area committees.E+W

(1)The [F50Welsh Ministers] may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive by an area committee of that authority.

(2)Regulations under this section may impose limitations or restrictions on the arrangements which may be made by virtue of the regulations (including limitations or restrictions on the functions which may be the subject of such arrangements).

(3)In this section—

  • [F51“area committee” [F52means] a committee or sub-committee of the authority which satisfies the conditions in subsection (6);]

  • “specified” means specified in regulations under this section.

F53(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F54(6)A committee or sub-committee of a local authority F55... satisfies the conditions in this subsection if—

(a)the committee or sub-committee is established to discharge functions in respect of part of the area of the authority,

(b)that part consists of the whole of one or more electoral divisions of the authority,

(c)all the members of the authority who are elected for that electoral division, or those electoral divisions, are entitled to be members of the committee or sub-committee,

(d)no members of the authority, other than those mentioned in paragraph (c), may be members of the committee or sub-committee, and

(e)either or both of the conditions in subsection (7) are satisfied in relation to that part.

(7)Those conditions are—

(a)that the area of that part does not exceed one-half of the total area of the authority;

(b)that the population of that part, as estimated by the authority, does not exceed one-half of the total population of the area of the authority as so estimated.]

Textual Amendments

F50Words in s. 18(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 16(2); S.I. 2012/1008, art. 4(b)

F51Words in s. 18(3) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 55(2), 178(2)

Modifications etc. (not altering text)

C44Ss. 14-18 restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(b)

Commencement Information

I9S. 18 wholly in force at 1.11.2000; s. 18 not in force at Royal Assent see s. 108; s. 18 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 18 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

19 Discharge of functions of and by another local authority.E+W

(1)The [F56Welsh Ministers] may by regulations make provision for or in connection with enabling an executive of a local authority F57..., or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive—

[F58(a)by a relevant authority (other than the local authority), or]

(b)by [F59a relevant executive (other than an executive of the local authority)] or a committee or specified member of such an executive.

(2)The [F60Welsh Ministers] may by regulations make provision for or in connection with enabling a [F61relevant authority in Wales] to arrange for the discharge of any of their functions by [F62a relevant executive (other than an executive of the relevant authority)] or a committee or specified member of such an executive.

(3)The reference in subsection (2) to the functions of a [F63relevant authority in Wales], in a case where the authority are operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority’s executive.

(4)Regulations under subsection (1) or (2) may include provision—

(a)requiring, in the case of arrangements for the discharge of any functions by [F64a relevant executive] or a committee or member of such an executive, the approval of the authority [F65of which the executive is part] to such arrangements,

(b)which, in the case of arrangements for the discharge of any functions by a [F66relevant authority], enables any of those functions to be delegated,

(c)which, in the case of arrangements for the discharge of any functions by [F67a relevant executive] or a committee or member of such an executive, enables any of those functions to be delegated.

(5)The provision which may be made under subsection (4)(b) includes provision which applies or reproduces (with or without modifications) any provisions of section 101(2) to (4) of the M5Local Government Act 1972.

(6)The provision which may be made under subsection (4)(c) includes provision which applies or reproduces (with or without modifications) any provisions of section 14(3) to (6), 15(5) to (9) or 16(3) to (5).

(7)Nothing in subsection (4), (5) or (6) affects the generality of the power under subsection (1) or (2).

(8)In this section [F68—

  • "relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;

  • “relevant executive” means an executive of a local authority under either this Part or Part 1A;

  • “specified”] means specified in regulations under this section.

Textual Amendments

F59Words in s. 19(1)(b) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(2)(d); S.I. 2012/1008, art. 4(b)

F63Words in s. 19(3) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(4); S.I. 2012/1008, art. 4(b)

F66Words in s. 19(4)(b) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(5)(b); S.I. 2012/1008, art. 4(b)

F67Words in s. 19(4)(c) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(5)(c); S.I. 2012/1008, art. 4(b)

F68Words in s. 19(8) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 17(6); S.I. 2012/1008, art. 4(b)

Commencement Information

I10S. 19 wholly in force at 1.11.2000; s. 19 not in force at Royal Assent see s. 108; s. 19 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 19 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Marginal Citations

20 Joint exercise of functions.E+W

(1)The [F69Welsh Ministers] may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the M6Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.

(2)The provision which may be made under subsection (1) includes provision—

(a)as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,

(b)as to the circumstances in which—

(i)the authority, and

(ii)the executive or a committee or specified member of the executive,

are both to be parties to the arrangements,

(c)as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of the M7Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,

(d)as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,

(e)as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,

(f)as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a committee or specified member of the executive.

(3)Nothing in subsection (2) affects the generality of the power under subsection (1).

(4)In this section “specified” means specified in regulations under this section.

Textual Amendments

F69Words in s. 20(1) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 18; S.I. 2012/1008, art. 4(b)

Commencement Information

I11S. 20 wholly in force at 1.11.2000; s. 20 not in force at Royal Assent see s. 108; s. 20 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 20 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Marginal Citations

21 Overview and scrutiny committees.E+W

(1)Executive arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority (referred to in this Part as overview and scrutiny committees).

(2)Executive arrangements by a local authority must ensure that their overview and scrutiny committee has power (or their overview and scrutiny committees [F70, and any joint overview and scrutiny committees,] have power between them)—

(a)to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the executive,

(b)to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are the responsibility of the executive,

(c)to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive,

(d)to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are not the responsibility of the executive,

(e)to make reports or recommendations to the authority or the executive on matters which affect the authority’s area or the inhabitants of that area,

[F71(f)in the case of the overview and scrutiny committee or committees of an authority to which F72[F73... section 184 of the National Health Service (Wales) Act 2006 applies, to review and scrutinise, in accordance with regulations under [F74that section], matters relating to the health service (within the meaning given by [F75that Act, as extended by that section]) in the authority’s area, and to make reports and recommendations on such matters in accordance with the regulations.]

[F76(2A)In subsection (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—

F77(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 185 of the National Health Service (Wales) Act 2006 appointed by the authority concerned and one or more other local authorities,

(d)an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, or

(e)a joint overview and scrutiny [F78committee] within the meaning of section 58 of the Local Government (Wales) Measure 2011 appointed by two or more local authorities, one of which is the authority concerned].

(3)The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented includes power—

(a)to recommend that the decision be reconsidered by the person who made it, or

(b)to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the authority.

(4)F79...an overview and scrutiny committee of a local authority may not discharge any functions other than its functions under this section [F80, sections [F8121A and 21B]] F82...

F83(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)An overview and scrutiny committee of a local authority—

(a)may appoint one or more sub-committees, and

(b)may arrange for the discharge of any of its functions by any such sub-committee.

(7)A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (6)(b).

F84(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, may not include any member of the authority’s executive.

(10)An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority, but (subject to any provision made by or under [F85paragraph 8 or] 9 of Schedule 1) any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting F86....

[F87(10A)For provision about the appointment of persons to chair overview and scrutiny committees of local authorities F88..., see sections 66 to 75 of the Local Government (Wales) Measure 2011.]

(11)An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated—

(a)as a committee or sub-committee of a principal council for the purposes of Part VA of the M8Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and

(b)as a body to which section 15 of the M9Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

(12)Subsections (2) and (5) of section 102 of the M10Local Government Act 1972 are to apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.

(13)An overview and scrutiny committee of a local authority or a sub-committee of such a committee—

(a)may require members of the executive, and officers of the authority, to attend before it to answer questions,

[F89(aa)may require any other member of the authority to attend before it to answer questions relating to any function which is exercisable by the member F90...] [F91under section 56 of the Local Government (Wales) Measure 2011], F92...

(b)may invite other persons to attend meetings of the committee.

(14)It is the duty of any member or officer mentioned in [F93paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph].

(15)A person is not obliged by subsection (14) to answer any question which he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.

[F94(16)In exercising, or deciding whether to exercise, any of its functions—

F95(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an overview and scrutiny committee of a local authority F96..., or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Welsh Ministers.

(17)Guidance under subsection (16) may make different provision for different cases or for different descriptions of committee or sub-committee.]]

Textual Amendments

F71S. 21(2)(f) inserted (1.1.2003 for E., otherwise 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 7(1), 70(2) (with s. 7(2)-(5), 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a)

F74Words in s. 21(2)(f) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(2)(b); S.I. 2012/1008, art. 4(b)

F75Words in s. 21(2)(f) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(2)(c); S.I. 2012/1008, art. 4(b)

F78Words in s. 21(2A)(e) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 19(4)(b); S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)

C45S. 21 applied (with modifications) (1.1.2003 for E. otherwise 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), s. 10(3)(4), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 10 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C46S. 21 applied (with modifications) (1.3.2007) by National Health Service Act 2006 (c. 41), s. 247(3)(4), 277(1)

C47S. 21 excluded (temp. until 31/3/2009) (26.2.2008) by The Wiltshire (Structural Change) Order 2008 (S.I. 2008/490), arts. 1, 8(4)

C49S. 21 excluded (temp. until 31/3/2009) (26.2.2008) by The Shropshire (Structural Change) Order 2008 (S.I. 2008/492), arts. 1, 8(4)

C50S. 21 excluded (temp. until 31/3/2009) (26.2.2008) by The Cornwall (Structural Change) Order 2008 (S.I. 2008/491), arts. 1, 8(4)

C52S. 21 excluded (temp. until 31/3/2009) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 9(4)

C54S. 21 excluded (temp.) (with effect in accordance with art. 6(1) of the amending S.I.) by The Exeter and Devon (Structural Changes) Order 2010 (S.I. 2010/998), arts. 1, 6(4)

C55S. 21(4) excluded (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(7), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C56S. 21(4) power to apply (with modifications) conferred (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(3)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C57S. 21(4) excluded (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 245(7), 277(1)

C59S. 21(4): power to apply conferred by 2007 c. 28, s. 123(5)(b)(i) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

C60S. 21(6)-(15) applied (with modifications) (E.) (1.1.2003) by S.I. 2002/3048, reg. 7(3)

C61S. 21(6)-(15) power to apply (with modifications) conferred (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(3)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C62S. 21(6)-(12): power to apply conferred by 2007 c. 28, s. 123(5)(b)(i) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

C63S. 21(10) excluded (11.5.2001 for specified purposes, otherwise 1.1.2003 for E. and (so far as not already in force) 1.3.2007 immediately before the National Health Service Act 2006 (c. 41) comes into force) by Health and Social Care Act 2001 (c. 15), ss. 8(8), 70(2) (with ss. 64(9), 65(4)); S.I. 2003/53, art. 3(a); S.I. 2006/1407, Sch. 1 Pt. II para. 8(a) (and the said amending Health and Social Care Act 2001 (c. 15), s. 8 is repealed (1.3.2007) by the National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4)

C64S. 21(10) excluded (1.3.2007) by National Health Service (Wales) Act 2006 (c. 42), ss. 185(8), 208(1) (with s. 19(3))

C65S. 21(10) excluded (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 245(8), 277(1)

Commencement Information

I12S. 21 wholly in force at 28.7.2001; s. 21 not in force at Royal Assent see s. 108; s. 21 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 21 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

F9721ZAScrutiny officersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F9821AReference of matters to overview and scrutiny committee etcE+W

(1)Executive arrangements by a local authority must include provision which—

(a)enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee,

(b)enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and

(c)F99... enables any member of the authority to refer to an overview and scrutiny committee of the authority of which he is not a member any local government matter which is relevant to the functions of the committee.

(2)For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.

(3)In considering whether to exercise the power which he has by virtue of subsection (1)(c) in any case, a member of an authority must have regard to any guidance for the time being issued F100...[F101 by the Welsh Ministers].

(4)Guidance under subsection (3) may make different provision for different cases.

(5)Subsections (6) to (8) apply where a local government matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to subsection (1)(c).

(6)In considering whether or not to exercise any of its powers under section 21(2) in relation to the matter, the committee may have regard to—

(a)any powers which the member may exercise in relation to the matter by virtue of F102... [F103section 56 of the Local Government (Wales) Measure 2011] (exercise of functions by local councillors F104...), and

(b)any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 21(2) in relation to the matter.

(7)If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—

(a)its decision, and

(b)the reasons for it.

(8)The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 21(2) in relation to the matter.

(9)Subsection (8) is subject to section 21D.

F105(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105(11)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F106(12)In this section “local government matter”, in relation to a member of a local authority F107..., means a matter which is not an excluded matter and which—

(a)relates to the discharge of any function of the authority, or

(b)affects all or part of the electoral area for which the member is elected or any person who lives or works in that area.

(13)In subsection (12) “excluded matter” means any matter which is—

(a)a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)a matter of any description specified in an order made by the Welsh Ministers for the purposes of this section.]

Textual Amendments

F98S. 21A inserted (12.12.2008 for specified purposes, 1.4.2009 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 119, 245(5); S.I. 2008/3110, arts. 2(a), 4(a)

Modifications etc. (not altering text)

C66Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

[F10821BDuty of authority or executive to respond to overview and scrutiny committeeE+W

(1)This section applies where an overview and scrutiny committee of a local authority F109... makes a report or recommendations to the authority or the executive, otherwise than—

(a)by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)by virtue of subsection (3)(a) of that section.

(2)The overview and scrutiny committee may publish the report or recommendations.

(3)The overview and scrutiny committee must by notice in writing require the authority or executive—

(a)to consider the report or recommendations,

(b)to respond to the overview and scrutiny committee indicating what (if any) action the authority propose, or the executive proposes, to take,

(c)if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response,

(d)if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 21A(8), to provide the member with a copy of the response,

and to do so within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice.

(4)It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.

(5)Subsections (2) and (4) are subject to section 21D and to any provision made under section 22(12A).

(6)In this section—

(a)references to an overview and scrutiny committee include references to a sub-committee of such a committee; and

(b)references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority.

Textual Amendments

Modifications etc. (not altering text)

C66Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

F11021CReports and recommendations of overview and scrutiny committees: duties of certain partner authoritiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

21DPublication etc of reports, recommendations and responses: confidential and exempt informationE+W

(1)This section applies to—

(a)the publication under section 21B of any document comprising—

(i)a report or recommendations of an overview and scrutiny committee, or

(ii)a response of a local authority to any such report or recommendations, and

(b)the provision of a copy of such a document—

(i)to a member of a local authority under section 21A(8) or section 21B, or

F111(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

by an overview and scrutiny committee or a local authority.

(2)The overview and scrutiny committee or the local authority, in publishing the document F112...—

(a)must exclude any confidential information, and

(b)may exclude any relevant exempt information.

(3)The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information.

(4)Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document—

(a)may replace so much of the document as discloses the information with a summary which does not disclose that information, and

(b)must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.

(5)If by virtue of subsection (2), (3) or (4) an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—

(a)excludes information, or

(b)replaces part of the report or recommendations with a summary,

it is nevertheless to be taken for the purposes of section 21B(3)(c) or (d) to have published or provided a copy of the report or recommendations.

(6)In this section—

  • “confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils),

  • “exempt information” has the meaning given by section 100I of that Act, and, in relation to—

    (a)

    any report or recommendations of an overview and scrutiny committee which has functions under section 21(2)(f), or

    (b)

    any response to such a report or recommendations,

    also includes information which is exempt information under F113...[F114 section 186 of the National Health Service (Wales) Act 2006], [F115and]

  • “relevant exempt information” means—

    (a)

    in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and

    (b)

    in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered, and

  • F116...

(7)In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.]

Textual Amendments

Modifications etc. (not altering text)

C66Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

F11721EOverview and scrutiny committees of certain district councils: functions with respect to partner authoritiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11821FOverview and scrutiny committees: flood risk managementE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F11921G [F120Designated] personsE+W

(1)The Welsh Ministers may, by order, designate for the purposes of section 21—

(a)one or more persons, and

(b)one or more categories of person.

(2)But—

(a)the designation of a person has effect only if that person meets the following conditions, and

(b)the designation of a category of persons has effect only if, and to the extent that, each person in that category meets the following conditions.

(3)Condition A is that the person provides the public, or a section of the public, with services, goods or facilities of any description (whether on payment or not).

(4)Condition B is that the person—

(a)provides those services, goods or facilities in the exercise of functions of a public nature, or

(b)is wholly or partly funded by public money.

(5)Condition C is that the person is not a local authority.]

Textual Amendments

22 Access to information etc.E+W

(1)Meetings of a local authority executive, or a committee of such an executive, are to be open to the public or held in private.

(2)Subject to regulations under subsection (9), it is for a local authority executive to decide which of its meetings, and which of the meetings of any committee of the executive, are to be open to the public and which of those meetings are to be held in private.

(3)A written record must be kept of prescribed decisions made at meetings of local authorities executives, or committees of such executives, which are held in private.

(4)A written record must be kept of prescribed decisions made by individual members of local authority executives.

(5)Written records under subsection (3) or (4) must include reasons for the decisions to which they relate.

(6)Written records under subsections (3) and (4), together with such reports, background papers or other documents as may be prescribed, must be made available to members of the public in accordance with regulations made by the [F121Welsh Ministers].

(7)Regulations under subsection (6) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.

(8)The [F122Welsh Ministers] may by regulations make provision—

(a)with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),

(b)for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,

(c)for or in connection with requiring written records falling within paragraph (b) to include reasons,

(d)for or in connection with requiring any such written records to be made available to members of the public,

(e)for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.

(9)The [F122Welsh Ministers] may by regulations make provision—

(a)as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be open to the public,

(b)as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be held in private,

(c)with respect to the information which is to be included in written records kept by virtue of this section,

(d)with respect to the reasons which are to be included in any such written records,

(e)with respect to the persons who are to produce, keep or make available any such written records,

(f)for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,

(g)for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,

(h)for or in connection with requiring information to be made available by electronic means,

(i)for or in connection with conferring rights on members of the public, members of local authorities or overview and scrutiny committees or sub-committees in relation to records or documents,

(j)for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section.

(10)The [F122Welsh Ministers] may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public or members of the authority.

(11)The provision which may be made under subsection (10) includes provision—

(a)requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,

(b)as to the way or form in which prescribed information is to be made available.

(12)The [F123Welsh Ministers] may by regulations make provision which, in relation to meetings of—

(a)local authority executives or committees of such executives, or

(b)joint committees, or sub-committees of such committees, falling within subsection (8)(a),

applies or reproduces (with or without modifications) any provisions of Part VA of the M11Local Government Act 1972.

[F124(12A)The [F125Welsh Ministers] may by regulations make provision, in relation to—

(a)the publication by executives of local authorities F126... under section 21BF127... of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or

(b)the provision by such executives under that section of copies of such responses,

which applies or reproduces (with or without modifications) any provisions of section 21D.]

(13)In this section—

  • “joint committee” means a joint committee falling within section 101(5)(a) of the M12Local Government Act 1972,

  • “prescribed” means prescribed by regulations made by the [F128Welsh Ministers].

Textual Amendments

Commencement Information

I13S. 22 wholly in force at 28.7.2001; s. 22 not in force at Royal Assent see s. 108; s. 22 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 22 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 22(6)-(13) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 22 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

F12922AOverview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authoritiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

23 Further provision.E+W

Schedule 1 (which makes further provision in relation to executive arrangements) has effect.

Commencement Information

I14S. 23 wholly in force at 28.7.2001; s. 23 not in force at Royal Assent see s. 108; s. 23 in force at 7.8.2000 for certain purposes in relation to England only by S.I. 2000/2187, arts. 1(3), 2(c); s. 23 in force at 26.10.2000 in relation to England only for certain purposes by S.I. 2000/2849, arts. 1(3), 2(c); s. 23 in force at 1.11.2000 in relation to Wales for certain purposes by S.I. 2000/2948, art. 2; s. 23 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

24 Absence of requirement for political balance.E+W

Neither—

(a)a local authority executive, nor

(b)a committee of a local authority executive,

is to be regarded as a body to which section 15 of the M13Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

Commencement Information

I15S. 24 wholly in force at 28.7.2001; s. 24 not in force at Royal Assent see s. 108; s. 24 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 24 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Procedure with respect to operation of executive arrangementsE+W

25 Proposals.E+W

(1)Subject to section 31, every local authority must—

(a)draw up proposals for the operation of executive arrangements, and

(b)send a copy of the proposals to the [F130 Welsh Ministers].

(2)Before drawing up proposals under this section, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.

(3)In drawing up proposals under this section, a local authority must decide—

(a)which form the executive is to take, and

(b)the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive.

(4)In drawing up proposals under this section, a local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

(5)A local authority must comply with any directions given by the [F131Welsh Ministers] for the purposes of this section.

(6)Proposals under this section must include—

(a)such details of the executive arrangements as the [F132Welsh Ministers] may direct,

(b)a timetable with respect to the implementation of the proposals, and

(c)details of any transitional arrangements which are necessary for the implementation of the proposals.

(7)A copy of proposals under this section which is sent to the [F133Welsh Ministers] must be accompanied by a statement which describes—

(a)the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, and

(b)the outcome of that consultation and the extent to which that outcome is reflected in the proposals.

(8)The [F134Welsh Ministers] may by order specify a date by which every local authority, or every local authority falling within any description of authority specified in the order, must comply with this section.

Textual Amendments

F130Words in s. 25(1)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F131Words in s. 25(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F132Words in s. 25(6)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F133Words in s. 25(7) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F134Words in s. 25(8) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 30; S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Commencement Information

I16S. 25 wholly in force at 28.7.2001; s. 25 not in force at Royal Assent see s. 108; s. 25 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 25 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 25(5)(6)(8) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 25 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

26 Proposals not requiring referendum.E+W

(1)Where a local authority’s proposals under section 25 do not involve a form of executive for which a referendum is required, the authority must implement the proposals in accordance with the timetable included in the proposals.

(2)Any reference in this Part to a form of executive for which a referendum is required is a reference to—

(a)a mayor and cabinet executive, [F135or ]

(b)[F136a mayor and council manager executive, or]

(c)a form of executive prescribed in regulations under section 11(5) which is expressed in those regulations to be a form of executive for which a referendum is required.

Textual Amendments

F135Word in s. 26(2)(a) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 34(4)(a), 178(2)

Commencement Information

I17S. 26 wholly in force at 28.7.2001; s. 26 not in force at Royal Assent see s. 108; s. 26 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 26 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

27 Referendum in case of proposals involving elected mayor.E+W

(1)Where a local authority’s proposals under section 25 involve a form of executive for which a referendum is required, the authority—

(a)must hold a referendum on their proposals before taking any steps to implement them, and

(b)must draw up and send to the [F137Welsh Ministers] an outline of the fall-back proposals (referred to in this section as outline fall-back proposals) that they intend to implement if the proposals under section 25 are rejected in a referendum.

(2)Fall-back proposals are proposals—

(a)for the operation of executive arrangements which do not involve a form of executive for which a referendum is required, or

(b)for the operation of alternative arrangements of a particular type permitted by regulations under section 32.

(3)For the purpose of drawing up outline fall-back proposals, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.

(4)Outline fall-back proposals must include a timetable with respect to the implementation of detailed fall-back proposals which are based on the outline fall-back proposals in the event that the proposals under section 25 are rejected in a referendum.

(5)A local authority must send a copy of their outline fall-back proposals to the [F138Welsh Ministers] at the same time that a copy of the proposals under section 25 is sent to [F139them].

(6)A local authority may not hold a referendum under this section before the end of the period of two months beginning with the date on which a copy of the proposals under section 25 is sent to the [F140Welsh Ministers].

(7)If the result of a referendum under subsection (1) is to approve a local authority’s proposals under section 25, the authority must implement the proposals in accordance with the timetable included in the proposals.

(8)If the result of a referendum under subsection (1) is to reject a local authority’s proposals under section 25, the authority—

(a)may not implement those proposals,

(b)must draw up detailed fall-back proposals which are based on the outline fall-back proposals, and

(c)must send a copy of the detailed fall-back proposals to the [F141Welsh Ministers].

(9)In drawing up outline fall-back proposals or detailed fall-back proposals under this section, a local authority must comply with any directions given by the [F142Welsh Ministers].

(10)Outline fall-back proposals and detailed fall-back proposals must include such details of the executive arrangements or alternative arrangements to which they relate as the [F143Welsh Ministers] may direct.

(11)Subsections (2), (3)(b), (4) and (6)(c) of section 25 are to apply to detailed fall-back proposals involving executive arrangements as they apply to proposals under that section.

(12)Subsections (2), (4) and (6)(c) of that section are to apply to detailed fall-back proposals involving alternative arrangements as they apply to proposals under that section.

(13)A local authority must implement detailed fall-back proposals in accordance with the timetable mentioned in subsection (4).

Textual Amendments

F137Words in s. 27(1)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F138Words in s. 27(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F139Word in s. 27(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F140Words in s. 27(6) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F141Words in s. 27(8)(c) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F142Words in s. 27(9) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F143Words in s. 27(10) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Modifications etc. (not altering text)

Commencement Information

I18S. 27 wholly in force at 28.7.2001; s. 27 not in force at Royal Assent see s. 108; s. 27 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 27 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 27(9)(10) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 27 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

28 Approval of outline fall-back proposals.E+W

(1)A local authority may apply to the [F144Welsh Ministers] for the approval of outline fall-back proposals involving fall-back proposals which are not permitted by or under this Part but which would be so permitted if the necessary regulations were made under section 11(5) or 32 (as the case may be).

(2)The form and content of an application under subsection (1) must comply with any directions given by the [F145Welsh Ministers].

(3)Where the [F146Welsh Ministers approve] a local authority’s proposals under subsection (1)—

(a)the authority may use those proposals as their outline fall-back proposals for the purposes of section 27, and

(b)the timetable referred to in section 27(13) shall be extended to the extent that there is any delay in making the necessary regulations under section 11(5) or 32 (as the case may be).

Textual Amendments

F144Words in s. 28(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 32(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F145Words in s. 28(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 32(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F146Words in s. 28(3) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 32(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Commencement Information

I19S. 28 wholly in force at 28.7.2001; s. 28 not in force at Royal Assent see s. 108; s. 28 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 28 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 28(1)(2) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 28 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

29 Operation of, and publicity for, executive arrangements.E+W

(1)A resolution of a local authority is required in order for the authority to operate executive arrangements.

(2)As soon as practicable after passing such a resolution a local authority must—

(a)secure that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at all reasonable hours, and

(b)publish in one or more newspapers circulating in their area a notice which—

(i)states that they have resolved to operate the arrangements,

(ii)states the date on which they are to begin operating the arrangements,

(iii)describes the main features of the arrangements,

(iv)states that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and

(v)specifies the address of their principal office.

(3)[F147A local authority [F148in Wales] which pass a resolution under this section may not at any subsequent time cease to operate executive arrangements unless, by virtue of any provision made under section 33(5), the authority operate alternative arrangements in place of the executive arrangements.]

Textual Amendments

Modifications etc. (not altering text)

C72S. 29(1) applied (E.) (12.4.2001) by S.I. 2001/1003, reg. 10(1)

C73S. 29(1) applied (W.) (25.11.2002) by S.I. 2002/2880, reg. 7(1)

Commencement Information

I20S. 29 wholly in force at 28.7.2001; s. 29 not in force at Royal Assent see s. 108; s. 29 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(a); s. 29 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

30 Operation of different executive arrangements.E+W

[F149(1)The Secretary of State may by regulations make provision for or in connection with the operation by a local authority [F150in Wales] which are operating executive arrangements (“the existing arrangements”) of executive arrangements (“the different arrangements”) which differ from the existing arrangements in any respect.

(2)The provision which may be made by virtue of subsection (1) includes provision—

(a)which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27, 28 or 29,

(b)for or in connection with requiring the consent of an elected mayor under the existing arrangements to the operation of the different arrangements,

(c)with respect to changes to the existing arrangements as a result of changes to the functions which are the responsibility of an executive.

(3)Nothing in subsection (2) affects the generality of the power under subsection (1).]

Textual Amendments

Commencement Information

I21S. 30 wholly in force at 1.11.2000; s. 30 not in force at Royal Assent see s. 108; s. 30 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 30 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Alternative arrangements.E+W

F15131 Alternative arrangements in case of certain local authorities.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15232 Alternative arrangements.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

33 Operation of alternative arrangements.E+W

[F153[F154(A1)In this section references to a local authority are references to a local authority in Wales.]

(1)A local authority may not operate alternative arrangements unless permitted or required to do so by virtue of any provision made by or under this Part.

(2)A resolution of a local authority is required in order for the authority to operate alternative arrangements.

(3)Subsection (2) of section 29 is to apply for the purposes of this section as it applies for the purposes of that section.

(4)A local authority which pass a resolution under this section to operate alternative arrangements may not at any subsequent time cease to operate those arrangements unless, by virtue of any provision made under subsection (9) or section 34, 35 or 36, the authority operate executive arrangements in place of those arrangements.

(5)The Secretary of State may by regulations make provision for or in connection with enabling a local authority to which section 31 applies which are operating executive arrangements to operate alternative arrangements in place of the executive arrangements.

(6)The provision which may be made by virtue of subsection (5) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27 or 28.

(7)The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating alternative arrangements to operate alternative arrangements which differ from the existing alternative arrangements in any respect.

(8)The provision which may be made by virtue of subsection (7) includes provision which applies or reproduces (with or without modifications) any provisions of section 25 or 26.

(9)The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating alternative arrangements to operate executive arrangements in place of the alternative arrangements.

(10)The provision which may be made by virtue of subsection (9) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27, 28 or 29.

(11)Nothing in subsection (6), (8) or (10) affects the generality of the power under subsection (5), (7) or (9) (as the case may be).]

Textual Amendments

Modifications etc. (not altering text)

C84S. 33(2) applied (W.) (25.11.2002) by S.I. 2002/2880, reg. 7(2)

C85S. 33(2) applied (E.) (12.4.2001) by S.I. 2001/1003, reg. 10(2)

Commencement Information

I22S. 33 wholly in force at 28.7.2001; s. 33 not in force at Royal Assent see s. 108; s. 33 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 33 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 33(5)-(11) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 33 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F155Changing governance arrangements: general provisionsE+W

Textual Amendments

F155Ss. 33A-33O and cross-headings inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 64, 245(2)

[F15633ZA [F157Changing] governance arrangementsE+W

For provision about changing the governance arrangements of local authorities F158... see Part 4 of the Local Government (Wales) Measure 2011.]

Textual Amendments

F157Word in s. 33ZA heading substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 35(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F15933AExecutive arrangements: different form of executiveE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16033BExecutive arrangements: other variation of arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16133CAlternative arrangements: move to executive arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F16233DAlternative arrangements: variation of arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16333EProposals by local authorityE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16433FResolution of local authorityE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16533GImplementation: new executive or move to executive arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16633HImplementation: other change in governance arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16733IGeneralE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168...E+W

Textual Amendments

F16833JNew form of executive or move to executive: general requirementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16933KChanges subject to approval in a referendum: additional requirementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17033LChange not subject to approval in a referendum: additional requirementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17133MCases in which change subject to approval in referendumE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17233NVariation of mayoral executiveE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F173...E+W

Textual Amendments

F17333OInterpretationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ReferendumsE+W

34 Referendum following petition.E+W

(1)The [F174Welsh Ministers] may by regulations make provision for or in connection with requiring a local authority which receive a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should [F175operate a relevant form of executive].

[F176(1A)In this section “relevant form of executive” [F177means] executive arrangements involving a form of executive for which a referendum is required.

(2)The provision which may be made by regulations under subsection (1) includes provision—

(a)as to the form and content of petitions (including provision for petitions in electronic form),

(b)as to the minimum number of local government electors for a local authority’s area who must support any petition presented to the authority during any period specified in the regulations,

(c)for or in connection with requiring an officer of a local authority to publish the number of local government electors for the authority’s area who must support any petition presented to the authority,

(d)as to the way in which local government electors for a local authority’s area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),

(e)as to the action which may, may not or must be taken by a local authority in connection with any petition,

(f)as to the manner in which a petition is to be presented to a local authority,

(g)as to the verification of any petition,

(h)as to the date on which, or the time by which, a referendum must be held,

(i)as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,

(j)as to the action which may, may not or must be taken by a local authority after a referendum, and

(k)for or in connection with enabling the [F178Welsh Ministers], in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.

(3)The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, [F17929 or 33] [F179or 29] F180....

(4)The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent. of the number of local government electors at each of those times.

(5)Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).]

Textual Amendments

F174Words in s. 34(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 51(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F177Word in s. 34(1A) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 51(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F178Words in s. 34(2)(k) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 51(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F179Words in s. 34(3) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 36(1)(e), 178(2) (with s. 36(5)-(8))

Commencement Information

I23S. 34 wholly in force at 1.11.2000; s. 34 not in force at Royal Assent s. 108; s. 34 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 34 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

35 Referendum following direction.E+W

(1)The [F181Welsh Ministers] may by regulations make provision for or in connection with enabling [F182them], in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the direction.

(2)The provision which may be made by regulations under this section includes provision—

(a)as to the date on which, or the time by which, a referendum must be held,

(b)as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,

(c)as to the action which may, may not or must be taken by a local authority after a referendum, and

(d)for or in connection with enabling the [F183Welsh Ministers], in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.

(3)The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, [F18429 or 33] [F184or 29] F185....

(4)Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).

Textual Amendments

F181Words in s. 35(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 52(2)(a); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F182Word in s. 35(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 52(2)(b); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F183Words in s. 35(2)(d) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 52(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F184Words in s. 35(3) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 36(1)(f), 178(2) (with s. 36(5)-(8))

Commencement Information

I24S. 35 wholly in force at 1.11.2000; s. 35 not in force at Royal Assent see s. 108; s. 35 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 35 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

36 Referendum following order.E+W

(1)The [F186Welsh Ministers] may by order make provision requiring every local authority, or every local authority falling within any description of authority specified in the order, to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the order.

(2)The provision which may be made by an order under this section includes provision—

(a)as to the date on which, or the time by which, a referendum must be held,

(b)as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,

(c)as to the action which may, may not or must be taken by a local authority after a referendum,

(d)for or in connection with enabling the [F187Welsh Ministers], in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.

(3)The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, [F18829 or 33] [F188or 29] F189....

(4)Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).

Textual Amendments

F186Words in s. 36(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 53(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F187Words in s. 36(2)(d) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 53(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F188Words in s. 36(3) substituted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 36(1)(g), 178(2) (with s. 36(5)-(8))

Commencement Information

I25S. 36 wholly in force at 1.11.2000; s. 36 not in force at Royal Assent see s. 108; s. 36 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 36 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Local authority constitutionE+W

37 Local authority constitution.E+W

(1)A local authority which are operating executive arrangements or alternative arrangements must prepare and keep up to date a document (referred to in this section as their constitution) which contains—

(a)such information as the [F190Welsh Ministers] may direct,

(b)a copy of the authority’s standing orders for the time being,

(c)a copy of the authority’s code of conduct for the time being under section 51, and

(d)such other information (if any) as the authority consider appropriate.

(2)A local authority must ensure that copies of their constitution are available at their principal office for inspection by members of the public at all reasonable hours.

(3)A local authority must supply a copy of their constitution to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.

[F191(4)In relation to an authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1)(c) to the authority's code of conduct for the time being under section 51 is to the mandatory provisions which for the time being apply to the members and co-opted members of the authority.]

Textual Amendments

Commencement Information

I26S. 37 wholly in force at 28.7.2001; s. 37 not in force at Royal Assent see s. 108; s. 37 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 37 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 37(1)(a) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 37 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

GuidanceE+W

38 Guidance.E+W

(1)A local authority must have regard to any guidance for the time being issued by the [F192Welsh Ministers] for the purposes of this Part.

(2)Guidance under this section may make different provision for different cases or descriptions of local authority.

Textual Amendments

Commencement Information

I27S. 38 wholly in force at 1.11.2000; s. 38 not in force at Royal Assent see s. 108; s. 38 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 38 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Elected mayors etc.E+W

39 Elected mayors etc.E+W

(1)In this Part “elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority’s area in accordance with the provisions made by or under this Part.

F193(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)An elected mayor of a local authority F194... is to be entitled to the style of “mayor” or “maer”.

(4)In this Part “elected executive member” means an individual elected as a member of a local authority executive by the local government electors for the authority’s area in accordance with the provisions made by or under this Part, but does not include an elected mayor.

[F195(5A)A reference in any enactment (whenever passed or made) to—

(a)a member of a local authority, or

(b)a councillor of a local authority,

does not include a reference to an elected mayor of the authority.

(5B)But subsection (5A) is subject to—

(a)regulations made by the [F196Welsh Ministers] under this paragraph which provide that an elected mayor is to be treated as member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and

(b)any other contrary intention that appears in any enactment (whenever passed or made).

(5C)[F197Section 21(1A) of the Local Government Act 1972 is] not to be taken to indicate any contrary intention for the purposes of subsection (5B)(b).]

[F198(5D)A statutory instrument containing regulations made under subsection (5B)(a) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

F199[F200(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The term of office of an elected mayor of a local authority is to be four years.

(8)This section is subject to regulations under section 41.]

Textual Amendments

F195S. 39(5A)-(5C) substituted for s. 39(5) (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 66(2), 245(2)

F196Words in s. 39(5B)(a) substituted (9.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 56(4); S.I. 2012/628, art. 2(b)(i)

F200S. 39(6)-(8) substituted for s. 39(6) (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 66(3), 245(2)

Commencement Information

I28S. 39 wholly in force at 28.7.2001; s. 39 not in force at Royal Assent see s. 108; s. 39 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 39(1)(2)(4)-(6) in force at 26.10.2000 in relation to England except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(d); s. 39(1)(3)-(5) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 39 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

40 Election as elected mayor and councillor.E+W

(1)If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy shall arise in the office of councillor.

(2)If the person who is returned at an election (“the mayoral election”) as the elected mayor of a local authority—

(a)is a councillor of the authority, and

(b)was returned as such a councillor at an election held at an earlier time than the mayoral election,

a vacancy shall arise in the office of councillor.

(3)Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority.

(4)A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if he is a candidate in both such elections and he is returned both as the elected mayor and as a councillor.

41 Time of elections etc.E+W

The [F201Welsh Ministers] may by regulations make provision—

(a)as to the dates on which and years in which elections for the return of elected mayors or elected executive members may or must take place,

(b)as to the intervals between elections for the return of elected mayors or elected executive members,

(c)as to the term of office of elected mayors or elected executive members, and

(d)as to the filling of vacancies in the office of elected mayor or elected executive member.

Textual Amendments

Commencement Information

I29S. 41 wholly in force at 1.11.2000; s. 41 not in force at Royal Assent see s. 108; s. 41 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 41 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

42 Voting at elections of elected mayors.E+W

(1)Each person entitled to vote as an elector at an election for the return of an elected mayor is to have the following vote or votes—

(a)one vote (referred to in this Part as a first preference vote) which may be given for the voter’s first preference from among the candidates to be the elected mayor, and

(b)if there are three or more candidates to be the elected mayor, one vote (referred to in this Part as a second preference vote) which may be given for the voter’s second preference from among those candidates.

(2)The elected mayor is to be returned under the simple majority system, unless there are three or more candidates.

(3)If there are three or more candidates to be the elected mayor, the elected mayor is to be returned under the supplementary vote system in accordance with Schedule 2.

Modifications etc. (not altering text)

C89S. 42(2) applied by SI 2002/185 Sch. 3 rule 48(1) (as substituted (13.3.2004) by The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/225), regs. 1, 2(7), Sch.)

43 Entitlement to vote.E+W

(1)The persons entitled to vote as electors at an election for the return of an elected mayor or elected executive member are those who on the day of the poll—

(a)would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and

(b)are registered in the register of local government electors at an address within the authority’s area.

(2)A person is not entitled as an elector to cast more than one first preference vote, or more than one second preference vote, at an election for the return of an elected mayor.

44 Power to make provision about elections.E+W

(1)The Secretary of State may by regulations make provision as to—

(a)the conduct of elections for the return of elected mayors or elected executive members, and

(b)the questioning of elections for the return of elected mayors or elected executive members and the consequences of irregularities.

(2)The provision which may be made under subsection (1)(a) includes, in particular, provision—

(a)about the registration of electors,

(b)for disregarding alterations in a register of electors,

(c)about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses),

(d)for the combination of polls at elections for the return of elected mayors and other elections (including elections for the return of elected executive members), and

(e)for the combination of polls at elections for the return of elected executive members and other elections (including elections for the return of elected mayors).

(3)Regulations under this section may—

(a)apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,

(b)modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of elected mayors or elected executive members, and

(c)so far as may be necessary in consequence of any provision made by or under this Part or any regulations under this section, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.

F202 [( 3A )Before making any regulations under this section, the Secretary of State shall consult the Electoral Commission.

(3B)In addition, the power of the Secretary of State to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) shall be exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.]

(4)No return of an elected mayor or elected executive member at an election is to be questioned except by an election petition under the provisions of Part III of the M14Representation of the M15People Act 1983 as applied by or incorporated in regulations under this section.

Textual Amendments

Modifications etc. (not altering text)

C90S. 44 functions made exercisable concurrently (18.8.2010) by The Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 3

Commencement Information

I30S. 44 wholly in force at 28.7.2001; s. 44 not in force at Royal Assent see s. 108; s. 44 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 44 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 44 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

F203...E+W

Textual Amendments

F20344A Election of leader: whole-council electionsE+W

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Modifications etc. (not altering text)

F20444B Election of leader: partial-council electionsE+W

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Textual Amendments

Modifications etc. (not altering text)

F20544CRemoval of leaderE+W

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Textual Amendments

F20644D Term of office of leader: whole-council electionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

F20744E Term of office of leader: partial-council electionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

F20844FLeader to continue to hold office as councillorE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20944GNo other means of electing or removing leaderE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21044HRegulationsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Provisions with respect to referendumsE+W

[F21145 Provisions with respect to referendums.E+W

(1)A local [F212authority] may not hold more than one referendum in any period of five years.

(2)If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals in accordance with any provision made by the regulations or order.

(3)If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals but must instead comply with any provision made by the regulations or order.

(4)The persons entitled to vote in a referendum held by a local authority are those who on the day of the referendum—

(a)would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority’s area, and

(b)are registered in the register of local government electors at an address within the authority’s area.

(5)The [F213Welsh Ministers] may by regulations make provision as to the conduct of referendums.

(6)The [F214Welsh Ministers] may by regulations make provision for the combination of polls at referendums with polls at any elections.

(7)Regulations under subsection (5) or (6) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.

(8)The provision which may be made under subsection (5) includes, in particular, provision—

(a)as to the question to be asked in a referendum,

(b)as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum),

(c)about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),

(d)as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,

(e)as to when, where and how voting in a referendum is to take place,

(f)as to how the votes cast in a referendum are to be counted, and

(g)for disregarding alterations in a register of electors.

F215[(8A)Before making any regulations under this section, the [F216Welsh Ministers] shall consult the Electoral Commission, but this subsection does not apply to—

(a)provisions which specify the wording of the question to be asked in a referendum, or

(b)provisions for matters mentioned in subsection (8)(c).

(8B)No regulations which specify the wording of the question to be asked in a referendum may be made under subsection (5) unless—

(a)before laying a draft of the regulations before [F217the National Assembly for Wales], the [F218Welsh Ministers] consulted the Electoral Commission as to the intelligibility of that question, and

(b)when so laying the draft, the [F219Welsh Ministers] also laid before [F220the National Assembly for Wales] a report stating any views as to the intelligibility of that question which were expressed by the Electoral Commission in response to that consultation.

(8C)Where any such regulations specify not only the question to be asked in a referendum but also any statement which is to precede that question on the ballot paper at the referendum, any reference in subsection (8B) to the intelligibility of that question is to be read as a reference to the intelligibility of that question and that statement taken together.

(8D)No regulations which make provision for the matters mentioned in subsection (8)(c) may be made under subsection (5) unless—

(a)before laying a draft of the regulations before [F221the National Assembly for Wales], the [F222Welsh Ministers] sought, and had regard to, the views of the Electoral Commission as to the provision to be made by the regulations as to those matters, and

(b)where the draft regulations laid before [F223the National Assembly for Wales ] made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the [F224Welsh Ministers], when so laying the draft, also laid before [F225the Assembly] a statement of [F226their] reasons for departing from the views of the Commission.]

(9)In subsections (1), (4) to (6) and (8) [F227to (8C)]“referendum” means a referendum held under section 27 F228... or by virtue of regulations or an order made under any provision of this Part [F229or under section 40 of the Local Government (Wales) Measure 2011].]

Textual Amendments

F212Word in s. 45(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F213Words in s. 45(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F214Words in s. 45(6) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F215S. 45(8A)-(8D) inserted (1.7.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 18(3) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (Sch. 2 Pt. II para. 2)

F216Words in s. 45(8A) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F217Words in s. 45(8B)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(4)(a)(i); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F218Words in s. 45(8B)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(4)(a)(ii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F219Words in s. 45(8B)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(4)(b)(i); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F220Words in s. 45(8B)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(4)(b)(ii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F221Words in s. 45(8D)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(a)(i); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F222Words in s. 45(8D)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(a)(ii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F223Words in s. 45(8D)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(b)(i); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F224Words in s. 45(8D)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(b)(ii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F225Words in s. 45(8D)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(b)(iii); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F226Word in s. 45(8D)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 66(5)(b)(iv); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F227Words in s. 45(9) inserted (1.7.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 18(4) (with s. 156(6)); S.I. 2001/222, art. 4, Sch. 2 Pt. I (Sch. 2 Pt. II para. 2)

F229Words in s. 45(9) inserted (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), ss. 54(4), 178(2)

Modifications etc. (not altering text)

C96S. 45 functions made exercisable concurrently (18.8.2010) by The Lord President of the Council Order 2010 (S.I. 2010/1837), arts. 1(2), 3

C97S. 45 applied (with modifications) (10.7.2011) by Local Government (Wales) Measure 2011 (nawm 4), s. 178(2), Sch. 1 para. 4(3)

Commencement Information

I31S. 45 wholly in force at 28.7.2001; s. 45 not in force at Royal Assent see s. 108; s. 45 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 45(5)-(9) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 45 in force at 19.2.2001 in relation to England only except in so far as not already in force by S.I. 2001/415, arts. 1(3), 2(a); s. 45 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Amendments to the 1972 ActE+W

46 Amendments to the 1972 Act.E+W

Schedule 3, which contains amendments to the M16Local Government Act 1972, has effect.

Commencement Information

I32S. 46 wholly in force at 28.7.2001; s. 46 not in force at Royal Assent see s. 108; s. 46 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); s. 46 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Power to make further provisionE+W

47 Power to make incidental, consequential provision etc.E+W

(1)The [F230Welsh Ministers] may by order make such incidental, consequential, transitional or supplemental provision as [F231they consider] necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision made by or under this Part.

(2)The provision which may be made under subsection (1) includes provision modifying any enactment (whenever passed or made).

(3)The power under subsection (2) to modify an enactment is a power—

(a)to apply that enactment with or without modifications,

(b)to extend, disapply or amend that enactment, or

(c)to repeal or revoke that enactment with or without savings.

[F232(4)The provision which may be made under subsection (1) includes provision relating to changes in local authority governance arrangements F233....

(5)That includes—

(a)provision relating to the old governance arrangements, the new governance arrangements, or both kinds of governance arrangements,

(b)provision as to the dates on which and years in which relevant elections may or must be held,

(c)provision as to the intervals between relevant elections, and

(d)provision as to the term of office of any member of any form of executive.

(6)In subsection (5) “relevant election” means—

(a)an election for the return of an elected mayor;

F234(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Nothing in subsection (2), (3), (4) or (5) affects the generality of the power in subsection (1).]

Textual Amendments

F230Words in s. 47(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 67(2)(a); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

F231Words in s. 47(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 67(2)(b); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)

Commencement Information

I33S. 47 wholly in force at 1.11.2000; s. 47 not in force at Royal Assent see s. 108; s. 47 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 47 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

InterpretationE+W

48 Interpretation of Part II.E+W

(1)In this Part, unless the context otherwise requires—

  • “alternative arrangements” has the meaning given by section 32(1),

  • [F235“council manager” has the meaning given by section 11(4)(b),]

  • “elected executive member” has the meaning given by section 39(4),

  • “elected mayor” has the meaning given by section 39(1),

  • “electoral area” has the meaning given by section 203(1) of the M17Representation of the People Act 1983,

  • “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the M18Interpretation Act 1978),

  • “executive”, in relation to a local authority, is to be construed in accordance with section 11,

  • “executive arrangements” has the meaning given by section 10,

  • “executive leader” has the meaning given by [F236section 11(3)(a)],

  • “fall-back proposals” and “outline fall-back proposals” are to be construed in accordance with section 27(1) and (2),

  • “first preference vote” has the meaning given by section 42(1)(a),

  • “local authority” [F237means a county council in Wales] or a county borough council,

  • “local government elector” has the meaning given by section 270(1) of the M19Local Government Act 1972,

  • F238...

  • “overview and scrutiny committee” has the meaning given by section 21(1),

  • “the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the M20Local Government and Housing Act 1989,

  • “second preference vote” has the meaning given by section 42(1)(b).

(1A)F239...

(2)Any reference in this Part to the chairman of a local authority—

(a)is a reference to that person whether or not he is entitled to another style, F240...

F241(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any reference in this Part to the vice-chairman of a local authority—

(a)is a reference to that person whether or not he is entitled to another style, F242...

F243(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.

(5)Section 101 of the M21Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part.

(6)Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.

(7)Any directions given by the [F244Welsh Ministers] under any provision of this Part—

(a)may be varied or revoked by subsequent directions given by [F245them] under that provision, and

(b)may make different provision for different cases, local authorities or descriptions of local authority.

Textual Amendments

F237Words in s. 48(1) substituted (9.3.2012 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 68(2)(b); S.I. 2012/628, art. 2(b)(ii); S.I. 2012/1008, art. 4(b)

Commencement Information

I34S. 48 wholly in force at 1.11.2000; s. 48 not in force at Royal Assent see s. 108(4)-(6); s. 48 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(a); s. 48 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Marginal Citations

[F24648AFunctions of the Lord President of the CouncilE+W

See the Lord President of the Council Order 2010 by virtue of which functions of the Secretary of State under [F247section 44] are exercisable concurrently with the Lord President of the Council.]

Textual Amendments

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