Part IIE+W Arrangements with respect to executives etc.

Modifications etc. (not altering text)

C1Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)

C2Pt. 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

C4Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)

C5Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)

Alternative arrangements.E+W

31 Alternative arrangements in case of certain local authorities.E+W

(1)This section applies to—

(a)any local authority which falls within subsection (2), and

(b)any local authority which falls within any description of local authority specified in regulations made by the Secretary of State under this section.

(2)A local authority falls within this subsection if—

(a)it is the council for a district comprised in an area for which there is a county council, and

(b)the resident population of the authority’s area on 30th June 1999 was less than 85,000.

(3)For the purposes of subsection (2)(b) the resident population of any area on 30th June 1999 is to be taken to be the Registrar General’s estimate of that population on that date.

(4)A local authority to which this section applies must either—

(a)draw up proposals for the operation of alternative arrangements of a particular type permitted by regulations under section 32, or

(b)draw up proposals under section 25.

(5)In deciding whether to draw up proposals under this section or proposals under section 25, a local authority to which this section applies must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.

(6)In drawing up proposals under this section, a local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

(7)A local authority which draw up proposals under this section must comply with such requirements as may be specified in regulations made by the Secretary of State under this section.

(8)The provision which may be made by virtue of subsection (7) includes provision which applies or reproduces (with or without modifications) any provisions of section 25 or 26.

(9)Nothing in subsection (8) affects the generality of the power under subsection (7).

Commencement Information

I1S. 31 wholly in force at 28.7.2001; s. 31 not in force at Royal Assent see s. 108; s. 31 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 31 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. 31(1)(b) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 31 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)