C1C2C3C4C5C6Part 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

C4

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)

C5

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)

F1Leader and cabinet executives (England)

Annotations:
Amendments (Textual)
F1

Ss. 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)

44BElection of leader: partial-council elections

1

This section applies to a local authority if it—

a

is subject to partial-council elections, and

b

is, on the day of a relevant annual meeting, operating a leader and cabinet executive (England).

2

The executive leader is to be elected at the relevant annual meeting.

3

But if the council fails to elect the executive leader at the relevant annual meeting, the executive leader is to be elected at a subsequent meeting of the council.

4

For the purposes of this section and section 44E—

a

a local authority is subject to partial-council elections if, under the scheme for the ordinary elections of its councillors, one-half or one-third (or, in either case, as nearly as may be) of the councillors are elected in each year in which the elections are held;

b

“relevant annual meeting” means—

i

the first annual meeting to be held after the local authority starts to operate the leader and cabinet executive (England), or

ii

any subsequent annual meeting held on a day when an executive leader's term of office is to end by virtue of section 44E(3).