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)

[F1Further requirements for certain changesE+W

Textual Amendments

F1Ss. 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)

33LChange not subject to approval in a referendum: additional requirementsE+W

(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.]

Modifications etc. (not altering text)