C1C3C5C7C6C2Part 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)

C3

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

C7

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

I1C6C411C6 Local authority executives.

F41

The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.

2

F14In 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.

F92A

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

F1In 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 F8leader and cabinet executive (Wales).

F54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

F10In 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 F13specify a different maximum number of members of an executive to which F3subsection (8) applies, but the power under this subsection may not be exercised F6in 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 F7... to the executive under subsection (3)(b)(ii) F2....