Part II Arrangements with respect to executives etc.

Alternative arrangements.

31 Alternative arrangements in case of certain local authorities.

F1A1

In this section references to a local authority are references to a local authority in England.

(1)

This section applies to—

(a)

any local authority which falls within subsection (2), and

(b)

any local authority which falls within any description of local authority specified in regulations made by the Secretary of State under this section.

(2)

A local authority falls within this subsection if—

(a)

it is the council for a district comprised in an area for which there is a county council, and

(b)

the resident population of the authority’s area on 30th June 1999 was less than 85,000.

(3)

For the purposes of subsection (2)(b) the resident population of any area on 30th June 1999 is to be taken to be the Registrar General’s estimate of that population on that date.

(4)

A local authority to which this section applies must either—

(a)

draw up proposals for the operation of alternative arrangements of a particular type permitted by regulations under section 32, or

(b)

draw up proposals under section 25.

(5)

In deciding whether to draw up proposals under this section or proposals under section 25, a local authority to which this section applies must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.

(6)

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.

(7)

A local authority which draw up proposals under this section must comply with such requirements as may be specified in regulations made by the Secretary of State under this section.

(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)

Nothing in subsection (8) affects the generality of the power under subsection (7).

32 Alternative arrangements.

F2A1

In this section references to a local authority are references to a local authority in England.

(1)

The Secretary of State may by regulations specify arrangements by a local authority with respect to the discharge of their functions (referred to in this Part as alternative arrangements) which are arrangements of a type—

(a)

which do not involve the creation and operation of an executive of the authority,

(b)

which include arrangements for the appointment of committees or sub-committees of the authority to review or scrutinise decisions made, or other action taken, in connection with the discharge of functions of the authority, and

(c)

which the Secretary of State considers are likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way.

(2)

The arrangements which may be specified by regulations under this section include—

(a)

arrangements for the discharge of functions of a local authority by individual members of the authority or by individual members of any committee or sub-committee of the authority,

(b)

arrangements for the appointment of committees or sub-committees of a local authority the membership of which is determined otherwise than in accordance with the political balance requirements.

F3(3)

Regulations under this section may make provision with respect to committees or sub-committees falling within subsection (1)(b), including—

(a)

in the case of regulations made by the Secretary of State, provision which applies or reproduces (with or without modifications)—

(i)

any provision of sections 21 to 21D or paragraphs 7 and 9 to 11 of Schedule 1,

(ii)

any provision made under section 21E or 22A,

(iii)

any provision of section 246 of, or Schedule 17 to, the National Health Service Act 2006, or

(iv)

any provision made under section 244 of that Act, and

(b)

in the case of regulations made by the Welsh Ministers, provision which applies or reproduces (with or without modifications)—

(i)

any provision of section 21 or 21A(1)(a) or (b) or (2) or paragraphs 8 to 11 of Schedule 1,

(ii)

any provision of Schedule 17 to the National Health Service Act 2006,

(iii)

any provision of section 186 of, or Schedule 11 to, the National Health Service (Wales) Act 2006, or

(iv)

any provision made under section 184 of that Act.

(4)

Regulations under this section may make provision for the purpose of determining the functions of a local authority which may, may not or must be the subject of alternative arrangements of any particular type.

(5)

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

33 Operation of alternative arrangements.

F4F5A1

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).