SCHEDULES

SCHEDULE 3E+W Amendments to the 1972 Act

13(1)Schedule 2 to that Act (constitution and membership of London borough councils) is amended as follows.E+W

(2)After paragraph 5 there is inserted—

Modifications of preceding provisionsE+W

5AWhere a London borough council are operating executive arrangements which involve a leader and cabinet executive—

(a)paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

(1A)A member of the executive of a London borough council may not be elected as the mayor of the borough.

,

(b)paragraph 5 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

(1A)A member of the executive of a London borough council may not be appointed as the deputy mayor.

5BWhere a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the preceding provisions of this Schedule shall have effect with the modifications specified in paragraphs 5C to 5I below.

5CThe council shall consist of an elected mayor, a chairman and councillors.

5DParagraphs 2(1) and 2(5) above shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough council”.

5EParagraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

(1A)A member of the executive of a London borough council may not be elected as the chairman of the council.

5FParagraphs 2(2) to (4) and 3 above shall have effect as if for any reference to “mayor” there were substituted “chairman”.

5GParagraph 2(5) above shall have effect as if it provided for the elected mayor to have precedence in the borough, but this paragraph shall not apply if the executive arrangements provide for it not to apply.

5HParagraph 5 above shall have effect as if for sub-paragraphs (1) to (3) there were substituted—

(1)A London borough council shall appoint a member of the council to be vice-chairman of the council.

(1A)A member of the executive of a London borough council may not be appointed as the vice-chairman of the council.

(2)The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.

(3)Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.”

5IParagraphs 5(4) above shall have effect as if for the expression “ deputy mayor” there were substituted “vice-chairman”.

Commencement Information

I1Sch. 3 para. 13 wholly in force at 28.7.2001; Sch. 3 para. 13 not in force at Royal Assent see s. 108; Sch. 3 para. 13 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(e); Sch. 3 para. 13 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)