Part IIArrangements with respect to executives etc.

Interpretation

48Interpretation of Part II

1

In this Part, unless the context otherwise requires—

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

  • “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 [1983 c. 2.] Representation of the People Act 1983,

  • “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the [1978 c. 30.] Interpretation 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 section 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” means—

    1. a

      in relation to England, a county council, a district council or a London borough council, and

    2. b

      in relation to Wales, a county council or a county borough council,

  • “local government elector” has the meaning given by section 270(1) of the [1972 c. 70.] Local Government Act 1972,

  • “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 [1989 c. 42.] Local Government and Housing Act 1989,

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

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, and

b

in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the [1972 c. 70.] Local Government Act 1972) is referred to in Part I of that Schedule as the mayor of the borough.

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, and

b

in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the [1972 c. 70.] Local Government Act 1972) is referred to in Part I of that Schedule as the deputy mayor.

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 [1972 c. 70.] Local 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 Secretary of State under any provision of this Part—

a

may be varied or revoked by subsequent directions given by him under that provision, and

b

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