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
C3Pt. II modified (21.6.2004) by Isles of Scilly (Functions) (Review and Scrutiny of Health Services) Order 2004 (S.I. 2004/1412), arts. 1, 2
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)
Textual Amendments
F1Ss. 44A-44H and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 67, 245(2)
(1)This section applies to a local authority if itβ
(a)is subject to whole-council elections, and
(b)is, on the day of a post-election annual meeting, operating a leader and cabinet executive (England).
(2)The executive leader is to be elected at the post-election annual meeting.
(3)But if the council fails to elect the executive leader at the post-election annual meeting, an executive leader is to be elected at a subsequent meeting of the council.
(4)For the purposes of this section and section 44Dβ
(a)a local authority is subject to whole-council elections if, under the scheme for the ordinary elections of its councillors, all of the councillors are elected in each year in which the elections are held;
(b)βpost-election annual meetingβ means the first annual meeting of a local authority to be held after ordinary elections take place.]