C1C2C3C5C6C7Part 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)

C2

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

C5

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)

F1Changing governance arrangements: general provisions

Annotations:
Amendments (Textual)
F1

Ss. 33A-33O and cross-headings inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 64, 245(2)

C433GImplementation: new executive or move to executive arrangements

1

This section applies if a local authority passes a resolution which makes a change in governance arrangements of the kind set out in—

a

section 33A (new form of executive), or

b

section 33C (move to executive arrangements).

C102

On the third day after the relevant elections, the local authority must—

a

cease operating the old form of executive, or the alternative arrangements, and

b

start operating the form of executive which the change in governance arrangements provides for.

3

Subject to subsection (2), the local authority must implement the change in governance arrangements in accordance with the timetable in the proposals.

C84

In this section “relevant elections” means, if the change in governance arrangements provides for the local authority to operate—

a

a leader and cabinet executive (England): the appropriate elections of councillors;

b

a mayor and cabinet executive: the first election of the mayor.

C95

For the purposes of subsection (4)(a), the “appropriate elections of councillors” are the elections determined in accordance with whichever of the following paragraphs is applicable—

a

if the local authority is currently operating a mayor and cabinet executive, the “appropriate elections of councillors” are the ordinary elections of councillors of the local authority held on the day on which the next ordinary election of a mayor was expected to be held when the resolution to make the change in governance arrangements was passed;

b

if the local authority—

i

is not currently operating a mayor and cabinet executive, and

ii

is required to pass the resolution to make the change in governance arrangements during a permitted resolution period,

the “appropriate elections of councillors” are the first ordinary elections of councillors of the local authority to be held after the end of the permitted resolution period in which the resolution is passed;

c

if the local authority—

i

is not currently operating a mayor and cabinet executive, and

ii

is not required to pass the resolution to make the change in governance arrangements during a permitted resolution period,

the “appropriate elections of councillors” are the first ordinary elections of councillors of the local authority to be held after the resolution is passed.