C1C3C4C6C5C2Part IIF2Local authorities in Wales: arrangements with respect to executives etc.

Annotations:
Amendments (Textual)
F2

Words in Pt. II heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 9; S.I. 2012/1008, art. 4(b)

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

C6

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)

C5

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

I112 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 F4Welsh Ministers must have regard to—

a

any proposals made to F6them under subsection (2),

b

the extent to which F5they 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 F1they 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 F7Welsh 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 F3Welsh 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.