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Part IIE+W Arrangements with respect to executives etc.

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)

[F1Changing governance arrangements: general provisionsE+W

Textual Amendments

F1Ss. 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)

33AExecutive arrangements: different form of executiveE+W

A local authority in England which is operating executive arrangements may—

(a)vary the arrangements so that they provide for a different form of executive, and

(b)if it makes such a variation, vary the arrangements in such other respects (if any) as it considers appropriate.

33BExecutive arrangements: other variation of arrangementsE+W

A local authority in England which is operating executive arrangements may vary the arrangements so that they—

(a)differ from the existing arrangements in any respect, but

(b)still provide for the same form of executive.

33CAlternative arrangements: move to executive arrangementsE+W

A local authority in England which is operating alternative arrangements may—

(a)cease to operate alternative arrangements, and

(b)start to operate executive arrangements.

Modifications etc. (not altering text)

33DAlternative arrangements: variation of arrangementsE+W

A local authority in England which is operating alternative arrangements may vary the arrangements so that they differ from the existing arrangements in any respect.

33EProposals by local authorityE+W

(1)This section applies to a local authority which wishes to make a change in governance arrangements.

(2)The local authority must draw up proposals for the change.

(3)The proposals must include—

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

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

(4)The following subsections apply if the proposed change is of the kind set out in—

(a)section 33A (different form of executive), or

(b)section 33C (move to executive arrangements).

(5)The proposals may provide for the change in governance arrangements to be subject to approval in a referendum.

(6)Before drawing up its proposals, the local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority's area.

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

(8)After drawing up the proposals, the local authority must—

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

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

(i)states that the authority has drawn up the proposals,

(ii)describes the main features of the proposals,

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

(iv)specifies the address of their principal office.

Modifications etc. (not altering text)

33FResolution of local authorityE+W

(1)A resolution of a local authority is required in order for the authority to make a change in governance arrangements.

(2)Section 29(2) applies to a resolution under this section as it applied to a resolution to operate executive arrangements.

Modifications etc. (not altering text)

33GImplementation: new executive or move to executive arrangementsE+W

(1)This section applies if a local authority passes a resolution which makes a change in governance arrangements of the kind set out in—

(a)section 33A (new form of executive), or

(b)section 33C (move to executive arrangements).

(2)On the third day after the relevant elections, the local authority must—

(a)cease operating the old form of executive, or the alternative arrangements, and

(b)start operating the form of executive which the change in governance arrangements provides for.

(3)Subject to subsection (2), the local authority must implement the change in governance arrangements in accordance with the timetable in the proposals.

(4)In this section “relevant elections” means, if the change in governance arrangements provides for the local authority to operate—

(a)a leader and cabinet executive (England): the appropriate elections of councillors;

(b)a mayor and cabinet executive: the first election of the mayor.

(5)For the purposes of subsection (4)(a), the “appropriate elections of councillors” are the elections determined in accordance with whichever of the following paragraphs is applicable—

(a)if the local authority is currently operating a mayor and cabinet executive, the “appropriate elections of councillors” are the ordinary elections of councillors of the local authority held on the day on which the next ordinary election of a mayor was expected to be held when the resolution to make the change in governance arrangements was passed;

(b)if the local authority—

(i)is not currently operating a mayor and cabinet executive, and

(ii)is required to pass the resolution to make the change in governance arrangements during a permitted resolution period,

the “appropriate elections of councillors” are the first ordinary elections of councillors of the local authority to be held after the end of the permitted resolution period in which the resolution is passed;

(c)if the local authority—

(i)is not currently operating a mayor and cabinet executive, and

(ii)is not required to pass the resolution to make the change in governance arrangements during a permitted resolution period,

the “appropriate elections of councillors” are the first ordinary elections of councillors of the local authority to be held after the resolution is passed.

Modifications etc. (not altering text)

33HImplementation: other change in governance arrangementsE+W

(1)This section applies if a local authority passes a resolution which makes a change in governance arrangements of the kind set out in—

(a)section 33B (variation of executive arrangements), or

(b)section 33D (variation of alternative arrangements).

(2)The local authority must implement the change in governance arrangements in accordance with the timetable in the proposals.

33IGeneralE+W

(1)Except as provided for in sections 33A to 33D or in regulations under section 34, 35 or 36, a local authority which is operating executive arrangements or alternative arrangements may not vary, or cease to operate, those arrangements.

(2)In making a change in governance arrangements, the local authority must comply with any directions given by the Secretary of State in connection with the making of such a change.

(3)Sections 33J to 33N contain further requirements which, in certain cases, apply to proposals or resolutions.]

Modifications etc. (not altering text)