11 Local authority executives.E+W
[F1(1)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.
[F3(2A)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.
[F11(9A)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).
Textual Amendments
F1S. 11(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(2), 245(2)
F2Words in s. 11(2) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(3), 245(2)
F3S. 11(2A) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(4), 245(2)
F4Words in s. 11(3) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(5)(a), 245(2)
F5Words in s. 11(3) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(5)(b), 245(2)
F6Words in s. 11(4) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(6), 245(2)
F7Words in s. 11(5) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(7), 245(2)
F8Word in s. 11(9) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(8)(a), 245(2)
F9Words in s. 11(9) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(8)(b), 245(2)
F10Words in s. 11(9) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(8)(c), 245(2)
F11S. 11(9A) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(9), 245(2)
F12Words in s. 11(10) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 62(10), 245(2)
Modifications etc. (not altering text)
C1Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)
C2S. 11 applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(2)
Commencement Information
I1S. 11 wholly in force at 28.7.2001; s. 11 not in force at Royal Assent see s. 108; s. 11 in force at 7.8.2000 in so far as it confers power to make an order or regulations, gives directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 11 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 11(5)(6)(9) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 11 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations