C1C2C3C4C6C7Part 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
Pt. II modified (21.6.2004) by Isles of Scilly (Functions) (Review and Scrutiny of Health Services) Order 2004 (S.I. 2004/1412), arts. 1, 2
Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)
Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)
Pt. II modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 10
Local authority executives
I1C6C511C6 Local authority executives.
F11
The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.
2
F2In the case of any local authority in England or Wales, the executive 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.
F32A
In the case of any local authority in England, the executive 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 the executive leader.
Such an executive is referred to in this Part as a leader and cabinet executive (England).
3
F4In the case of any local authority in Wales, the executive 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 F5leader and cabinet executive (Wales).
4
F6In the case of any local authority in Wales, the executive 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
F7In the case of a local authority in England or Wales, the executive 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
F119A
In this Part, a reference to a leader and cabinet executive is a reference to either or both of the following, as appropriate in the context—
a
a leader and cabinet executive (England);
b
a leader and cabinet executive (Wales).
Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)