SCHEDULES

Section 23.

SCHEDULE 1E+W Executive arrangements [F1in Wales]: further provision

Textual Amendments

F1Words 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)

Mayor and cabinet executivesE+W

1(1)This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and cabinet executive.E+W

(2)Subject to section 11(8) [F2and (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)[F3 The] deputy mayor is entitled to the style of “dirprwy faer”.

Textual Amendments

F3Word in Sch. 1 para. 1(9) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(1)(3); S.I. 2012/1008, art. 4(b)

Commencement Information

I1Sch. 1 para. 1 wholly in force at 28.7.2001; Sch. 1 para. 1 not in force at Royal Assent see s. 108; Sch. 1 para. 1 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(c); Sch. 1 para. 1 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

F4...E+W

Textual Amendments

F4Sch. 1 para. 1A and cross-heading repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(4), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F41AE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5Leader and cabinet executives (Wales)]E+W

Textual Amendments

2(1)This paragraph applies in relation to executive arrangements by a local authority which provide for a [F6leader and cabinet executive (Wales)].E+W

(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).

[F7(2A)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) [F8and (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)Section 101 of the M1Local Government Act 1972 does not apply to the function of determining the number of councillors under [F9sub-paragraph (3)(a).]

Textual Amendments

Commencement Information

I2Sch. 1 para. 2 wholly in force at 28.7.2001; Sch. 1 para. 2 not in force at Royal Assent see s. 108; Sch. 1 para. 2 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(c); Sch. 1 para. 2 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

[F10Appointment of councillors to executive to share the same positionE+W

Textual Amendments

2AE+WExecutive arrangements by a local authority must include provision under which two or more councillors may be appointed to the executive to share office.

Voting and quorum where members of executive share their positionE+W

2B(1)This paragraph applies where two or more councillors of a local authority are—E+W

(a)appointed to a mayor and cabinet executive to share office,

(b)appointed to a leader and cabinet executive (Wales) to share office, or

(c)elected to share office as executive leader of a leader and cabinet executive (Wales).

(2)The members of the executive who share the same office have between them one vote in respect of any matter on which they have a right to vote because they are a member of the executive.

(3)Where any meeting is attended by more than one of the members who share the same office and those members are attending in their capacity as a member of the executive, they together count only as one person for the purpose of determining whether the meeting is quorate.]

Mayor and council manager executivesE+W

3[F11(1)This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and council manager executive.E+W

(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 [F12sub-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.

[F13(12A)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”.]

Textual Amendments

F12Words in Sch. 1 para. 3(10) substituted for words “sub-paragraph (11)” (E.) (18.5.2001) by S.I. 2001/1517, art. 6(2)(a)

F13Sch. 1 para. 3(12A) inserted (E.) (18.5.2001) by S.I. 2001/1517, art. 6(2)(b)

Commencement Information

I3Sch. 1 para. 3 wholly in force at 28.7.2001; Sch. 1 para. 3 not in force at Royal Assent see s. 108; Sch. 1 para. 3 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(c); Sch. 1 para. 3 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

[F14Assistants to the executiveE+W

Textual Amendments

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.E+W

(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).]

ProcedureE+W

4E+WExecutive 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.

Commencement Information

I4Sch. 1 para. 4 wholly in force at 28.7.2001; Sch. 1 para. 4 not in force at Royal Assent see s. 108; Sch. 1 para. 4 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(c); Sch. 1 para. 4 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Meetings of executives and executive committeesE+W

5[F15(1)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.]W

[F16(2)]A member of a local authority who is [F17neither 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.

Textual Amendments

F16Sch. 1 para. 5 renumbered as Sch. 1 para. 5(2) (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 57(3)(a), 175(7); S.I. 2021/231, art. 6(j)

Commencement Information

I5Sch. 1 para. 5 wholly in force at 28.7.2001; Sch. 1 para. 5 not in force at Royal Assent see s. 108; Sch. 1 para. 5 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(c); Sch. 1 para. 5 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Mayor’s assistantE+W

6(1)The [F18Welsh 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.E+W

(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).

Textual Amendments

Commencement Information

I6Sch. 1 para. 6 wholly in force at 28.7.2001; Sch. 1 para. 6 not in force at Royal Assent see s. 108; Sch. 1 para. 6 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(c); Sch. 1 para. 6 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Overview and scrutiny committees: education functionsE+W

F197E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

8(1)In this paragraph “relevant F20... authority” means a local authority F21... [F22which has education functions].E+W

(2)This paragraph applies to an overview and scrutiny committee of a relevant F23... 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 F24... 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 [F25Welsh 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 [F26Welsh Ministers] may by directions to a relevant F27... 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.

Textual Amendments

F25Words in Sch. 1 para. 8(4) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(7)(c); S.I. 2012/1008, art. 4(b)

F26Words in Sch. 1 para. 8(7) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(7)(c); S.I. 2012/1008, art. 4(b)

Commencement Information

I7Sch. 1 para. 8 wholly in force at 28.7.2001; Sch. 1 para. 8 not in force at Royal Assent see s. 108; Sch. 1 para. 8(4)(5)(8) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; Sch. 1 para. 8 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

9(1)In this paragraph “relevant authority” means a local authority [F28which has education functions].E+W

(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 [F29Welsh 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 [F30Welsh Ministers consider] appropriate.

(6)Regulations under this paragraph may also make provision—

(a)enabling the [F31Welsh Ministers] to determine, where [F32they 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 [F33Welsh Ministers make] any such determination, with such modifications as may be prescribed.

Textual Amendments

Commencement Information

I8Sch. 1 para. 9 wholly in force at 28.7.2001; Sch. 1 para. 9 not in force at Royal Assent see s. 108; Sch. 1 para. 9 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(c); Sch. 1 para. 9(4)-(6) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; Sch. 1 para. 9 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F3410E+WChapter 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.]

Textual Amendments

11E+WExcept for the expression “local authority”, expressions used in paragraphs [F358] to 10 and the M5School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act.

Textual Amendments

Commencement Information

I9Sch. 1 para. 11 wholly in force at 1.11.2000; Sch. 1 para. 11 not in force at Royal Assent see s. 108; Sch. 1 para. 11 in force at 7.8.2000 in relation to England only by S.I. 2000/2187, arts. 1(3), 2(c); Sch. 1 para. 11 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2

Marginal Citations

[F3611A.E+WIn paragraphs [F378 and] [F3810] “education functions” has the meaning given by section 579(1) of the Education Act 1996.]

Textual Amendments

F37Words in Sch. 1 para. 11A substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(11); S.I. 2012/1008, art. 4(b)

F39...E+W

Textual Amendments

F39Sch. 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)

F3912E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3913E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3914E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .