C1C2C3C4C6C7Part II Arrangements with respect to executives etc.

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)

C2

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

C4

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)

C6

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)

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

The Secretary of State may by regulations F8specify a different maximum number of members of an executive to which F9subsection (8) applies, but the power under this subsection may not be exercised F10in relation to Wales so as to provide for a maximum number which exceeds 10.

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).

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 F12subsection (2A)(a) or (3)(a) or appointing councillors or an officer to the executive under subsection (3)(b)(ii) or (4)(b).