SCHEDULES
SCHEDULE 1 Executive arrangements F3in Wales: further provision
Mayor and cabinet executives
I11
1
This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and cabinet executive.
2
Subject to section 11(8) F11and (8ZA), the executive arrangements must include provision which enables the elected mayor to determine the number of councillors who may be appointed to the executive under section 11(2)(b).
3
The executive arrangements must include provision which requires the elected mayor to appoint one of the members of the executive to be his deputy (referred to in this paragraph as the deputy mayor).
4
Subject to sub-paragraph (5), the deputy mayor, unless he resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
5
The elected mayor may, if he thinks fit, remove the deputy mayor from office.
6
Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person in his place.
7
If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in his place.
8
If for any reason—
a
the elected mayor is unable to act or the office of elected mayor is vacant, and
b
the deputy mayor is unable to act or the office of deputy mayor is vacant,
the executive must act in the elected mayor’s place or must arrange for a member of the executive to act in his place.
9
F30 The deputy mayor is entitled to the style of “dirprwy faer”.
F18...
Sch. 1 para. 1A and cross-heading repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(4), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)
F181A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6Leader and cabinet executives (Wales)
Sch. 1 para. 2 heading substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 29(1)
I22
1
This paragraph applies in relation to executive arrangements by a local authority which provide for a F33leader and cabinet executive (Wales).
2
The executive arrangements may include provision with respect to—
a
the election and term of office of the executive leader, and
b
the appointment and term of office of members of the executive appointed under section 11(3)(b)(ii).
F122A
The executive arrangements must include provision under which two or more councillors may be elected by the authority to share office as executive leader; and references in any enactment to an executive leader include executive leaders elected by virtue of that provision.
3
Subject to section 11(8) F5and (8ZA), the executive arrangements must include provision which either—
a
enables the authority to determine the number of councillors who may be appointed to the executive under section 11(3)(b), or
b
enables the executive leader to determine the number of councillors who may be so appointed.
4
Mayor and council manager executives
I33
F191
This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and council manager executive.
2
The executive arrangements may include provision with respect to the appointment and term of office of the council manager.
3
The executive arrangements must include provision which requires the elected mayor to appoint a member of the authority to be his deputy (referred to in this paragraph as the deputy mayor).
4
The deputy mayor may not be—
a
the chairman or vice-chairman of the authority, nor
b
a member of an overview and scrutiny committee of the authority.
5
Subject to sub-paragraph (6), the deputy mayor, unless he resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
6
The elected mayor may, if he thinks fit, remove the deputy mayor from office.
7
Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person in his place.
8
If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in his place.
9
If for any reason—
a
the elected mayor is unable to act or the office of elected mayor is vacant, and
b
the deputy mayor is unable to act or the office of deputy mayor is vacant,
the council manager must act in the elected mayor’s place.
10
Subject to F1sub-paragraphs (11) and (12A), the council manager—
a
is entitled to attend, and speak at, meetings of the authority or any committee or sub-committee of the authority, but
b
is not entitled to vote at such meetings.
11
The council manager is entitled to attend, and speak at, meetings of an overview and scrutiny committee or sub-committee of the authority only if invited or required to do so by the committee or sub-committee.
12
The reference in sub-paragraph (10) to a committee or sub-committee of the authority includes a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.
F212A
The council manager of a local authority is entitled to vote at a meeting of a joint committee, or sub-committee of such a committee, if—
a
that joint committee or sub-committee has been appointed for the purpose of discharging functions which, as respects that local authority, are the responsibility of the executive of the local authority; and
b
the council manager is a member of that joint committee or sub-committee.
13
The council manager—
a
is to be regarded for the purposes of Part I of the M2Local Government and Housing Act 1989 as holding a politically restricted post under the authority,
b
may not also be the person who under section 151 of the M3Local Government Act 1972 has responsibility for the administration of the financial affairs of the authority, and
c
may not also be the person who is responsible for performing the duties of the authority’s monitoring officer under section 5 of the M4Local Government and Housing Act 1989.
14
The executive arrangements may include provision for the appointment by the elected mayor of one or more committees to advise the executive.
15
The membership of any such committee as is mentioned in sub-paragraph (14) need not be determined in accordance with the political balance requirements.
16
In the case of a local authority in Wales, the deputy mayor is entitled to the style of “dirprwy faer”.
F16Assistants to the executive
Sch. 1 para. 3A inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 57(2), 175(7); S.I. 2021/231, art. 6(j)
3A
1
Executive arrangements by a local authority may make provision for councillors of the authority to be appointed to assist the executive in discharging functions which are the responsibility of the executive.
2
Such a councillor is referred to in this Schedule as an assistant to the executive of the authority.
3
Assistants to the executive of an authority are to be appointed—
a
in the case of an authority operating a mayor and cabinet executive, by the elected mayor;
b
in the case of an authority operating a leader and cabinet executive (Wales), by the executive leader or the authority.
4
Executive arrangements which make provision for the appointment of assistants to an executive may include provision about—
a
the number of assistants that may be appointed,
b
their term of office, and
c
their responsibilities.
5
The assistants to the executive of a local authority may not include—
a
the chairman and vice-chairman of the authority;
b
the presiding member and deputy presiding member of the authority (if the authority has a presiding member).
6
An assistant to the executive of an authority is not a member of the executive of the authority.
7
Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to a local authority's function of making appointments under sub-paragraph (3)(b).
Procedure
I44
Executive arrangements by a local authority may include provision with respect to—
a
the quorum, proceedings and location of meetings of the executive,
b
the appointment of committees of the executive, and
c
the quorum, proceedings and location of meetings of committees of the executive.
Meetings of executives and executive committees
I55
F271
An assistant to the executive of a local authority is entitled to attend, and speak at, any meeting of the executive or of a committee of the executive.
F142
A member of a local authority who is F28neither a member of the authority's executive nor an assistant to the executive is entitled to attend, and speak at, a meeting of the executive, or of a committee of the executive, which is held in private only if invited to do so.
Mayor’s assistant
I66
1
The F31Welsh Ministers may by regulations make provision for or in connection with the appointment of a person (an “assistant”) to provide assistance to an elected mayor.
2
Regulations under this paragraph may include provision with respect to the terms and conditions of appointment of an assistant.
3
Nothing in sub-paragraph (2) affects the generality of the power under sub-paragraph (1).
Overview and scrutiny committees: education functions
F217
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I78
1
2
This paragraph applies to an overview and scrutiny committee of a relevant F32... authority if the committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
3
This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant F20... authority if the sub-committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
4
An overview and scrutiny committee or sub-committee to which this paragraph applies must include one or more persons appointed as representatives of the persons who appoint foundation governors for the maintained schools which are maintained by the authority concerned and which are specified in directions made by the F10Welsh Ministers as schools which have a character connected with a particular religion, or particular religious denomination, specified in the directions.
5
Sub-paragraph (4) does not apply if there are no maintained schools which are maintained by the authority concerned and which are specified in directions under that sub-paragraph.
6
A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (4) is to be entitled to vote at a meeting of the committee or sub-committee on any question—
a
which relates to any education functions which are the responsibility of the authority concerned’s executive, and
b
which falls to be decided at the meeting.
7
The F37Welsh Ministers may by directions to a relevant F8... authority require any of the authority’s overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for such of the maintained schools which are maintained by the authority concerned and which are not specified in directions under sub-paragraph (4) as may be specified in directions under this sub-paragraph.
8
Directions under sub-paragraph (7) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
I89
1
In this paragraph “relevant authority” means a local authority F9which has education functions.
2
This paragraph applies to an overview and scrutiny committee of a relevant authority if the committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
3
This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant authority if the sub-committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.
4
The F15Welsh Ministers may by regulations require an overview and scrutiny committee or sub-committee to which this paragraph applies to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools which are maintained by the relevant authority concerned.
5
Regulations under this paragraph may make provision for—
a
the number of persons who are to be elected in the case of any relevant authority,
b
the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election,
c
the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected,
d
the term of office of persons so elected and their voting rights,
e
the application to any such committee or sub-committee, with or without any modification, of any enactment (whenever passed or made) relating to committees or (as the case may be) sub-committees of a local authority,
f
such other matters connected with such elections or persons so elected as the F7Welsh Ministers consider appropriate.
6
Regulations under this paragraph may also make provision—
a
enabling the F17Welsh Ministers to determine, where F25they consider it expedient to do so in view of the small number of maintained schools which are maintained by a relevant authority, that the requirement imposed on the committee or sub-committee by virtue of sub-paragraph (4) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools,
b
for any regulations under this paragraph to have effect, where the F36Welsh Ministers make any such determination, with such modifications as may be prescribed.
F2310
Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) applies to the performance of any duty imposed on a local authority by virtue of paragraph 8 or 9 as it applies to the performance by a local authority of a duty that is an education function but as if—
a
the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act; an
b
sections 24 to 27 of that Act did not apply.
I911
F2211A
F13...
Sch. 1 paras. 12-14 and cross-heading repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(12), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)
F1312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1313
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1314
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words in Sch. 1 heading inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(1)(2); S.I. 2012/1008, art. 4(b)