Part IILocal authorities in Wales: arrangements with respect to executives etc.

Local authority executives

12 Additional forms of executive.

(1)

In deciding whether to make regulations under section 11(5) prescribing a particular form of executive, or which provision to make under section 17 in relation to that form of executive, the F1Welsh Ministers must have regard to—

(a)

any proposals made to F2them under subsection (2),

(b)

the extent to which F3they consider that the operation by a local authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way,

(c)

the extent to which that form of executive differs from the forms of executive for the time being permitted by or under section 11,

(d)

the number and description of authorities for which F4they consider that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive to consider.

(2)

For the purposes of subsection (1), a local authority may propose to the F5Welsh Ministers a form of executive in relation to which the authority consider that the conditions mentioned in subsection (3) are satisfied.

(3)

Those conditions are—

(a)

that the operation by the authority of executive arrangements involving that form of executive would be an improvement on the arrangements which the authority have in place for the discharge of their functions at the time that the proposal is made to the F6Welsh Ministers,

(b)

that the operation by the authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way, and

(c)

that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive for all local authorities, or for any particular description of local authority, to consider.

(4)

A proposal under subsection (2)—

(a)

must describe the form of executive to which it relates,

(b)

must describe the provision which the authority consider should be made under section 17 in relation to that form of executive, and

(c)

must explain why the authority consider that the conditions mentioned in subsection (3) are satisfied in relation to that form of executive.