SCHEDULE 1 Executive arrangements: further provision
Mayor and council manager executives
3
(1)
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.
F2(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 M1Local 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 M2Local 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 M3Local 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”.