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)

F1Further requirements for certain changes

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)

C433LChange not subject to approval in a referendum: additional requirements

1

This section applies to a change of governance arrangements if—

a

the change is of the kind set out in section 33A (new form of executive) or section 33C (move to executive arrangements), and

b

the change is not subject to approval in a referendum.

2

Any resolution to make the change in governance arrangements must be passed during a permitted resolution period.

3

Subsection (4) applies if—

a

the local authority is operating a mayor and cabinet executive, and

b

the proposed new form of executive is a leader and cabinet executive (England).

4

In such a case—

a

the consultation required by section 33E(6) must last for at least 12 weeks; and

b

the local authority's proposals must include statements of the following things—

i

the arguments in favour of making the proposed change;

ii

any arguments against making the proposed change;

iii

the local authority's reasons for wishing to make the proposed change.

5

Subsection (6) applies if—

a

the local authority is operating a mayor and cabinet executive, and

b

the proposed new form of executive is a form prescribed in regulations under section 11(5).

6

In such a case, the resolution to make the change in governance arrangements must be passed—

a

at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object;

b

by a majority of at least two thirds of members voting on it.

7

In subsection (6) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.