C1C2Part II Arrangements with respect to executives etc.
Pt. II extended (1.9.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), ss. 183(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II
Local authority executives
I111 Local authority executives.
1
The executive of a local authority must take one of the forms specified in subsections (2) to (5).
2
It may consist of—
a
an elected mayor of the authority, and
b
two or more councillors of the authority appointed to the executive by the elected mayor.
Such an executive is referred to in this Part as a mayor and cabinet executive.
3
It may consist of—
a
a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and
b
two or more councillors of the authority appointed to the executive by one of the following—
i
the executive leader, or
ii
the authority.
Such an executive is referred to in this Part as a leader and cabinet executive.
4
It may consist of—
a
an elected mayor of the authority, and
b
an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority.
Such an executive is referred to in this Part as a mayor and council manager executive.
5
It may take any such form as may be prescribed in regulations made by the Secretary of State.
6
Regulations under subsection (5) may, in particular, provide for—
a
a form of executive some or all of the members of which are elected by the local government electors for the authority’s area to a specified post in the executive associated with the discharge of particular functions,
b
a form of executive some or all of the members of which are elected by those electors but not to any such post,
c
the system of voting that will be used for elections under paragraph (a) or (b).
7
A local authority executive may not include the chairman or vice-chairman of the authority.
8
The number of members of a mayor and cabinet executive or a leader and cabinet executive may not exceed 10.
9
The Secretary of State may by regulations amend subsection (8) so as to provide for a different maximum number of members of an executive to which that subsection applies, but the power under this subsection may not be exercised so as to provide for a maximum number which exceeds 10.
10
Section 101 of the M1Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under subsection (3)(a) or appointing councillors or an officer to the executive under subsection (3)(b)(ii) or (4)(b).
Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)