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)

Interpretation

I148 Interpretation of Part II.

1

In this Part, unless the context otherwise requires—

  • “alternative arrangements” has the meaning given by section 32(1),

  • “council manager” has the meaning given by section 11(4)(b),

  • “elected executive member” has the meaning given by section 39(4),

  • “elected mayor” has the meaning given by section 39(1),

  • “electoral area” has the meaning given by section 203(1) of the M1Representation of the People Act 1983,

  • “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the M2Interpretation Act 1978),

  • “executive”, in relation to a local authority, is to be construed in accordance with section 11,

  • “executive arrangements” has the meaning given by section 10,

  • “executive leader” has the meaning given by F1section 11(2A)(a) or (3)(a),

  • “fall-back proposals” and “outline fall-back proposals” are to be construed in accordance with section 27(1) and (2),

  • “first preference vote” has the meaning given by section 42(1)(a),

  • “local authority” means—

    1. a

      in relation to England, a county council, a district council or a London borough council, and

    2. b

      in relation to Wales, a county council or a county borough council,

  • “local government elector” has the meaning given by section 270(1) of the M3Local Government Act 1972,

  • F2“ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority,

  • “overview and scrutiny committee” has the meaning given by section 21(1),

  • “the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the M4Local Government and Housing Act 1989,

  • “second preference vote” has the meaning given by section 42(1)(b).

F31A

In this Part “relevant election years”, in relation to a local authority, means the years specified in the second column of the following table in relation to that type of authority.

Type of local authority

Relevant election years

Metropolitan district

2010 and every fourth year afterwards

County

2009 and every fourth year afterwards

London borough

2010 and every fourth year afterwards

Non-metropolitan district

2011 and every fourth year afterwards

2

Any reference in this Part to the chairman of a local authority—

a

is a reference to that person whether or not he is entitled to another style, and

b

in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the M5Local Government Act 1972) is referred to in Part I of that Schedule as the mayor of the borough.

3

Any reference in this Part to the vice-chairman of a local authority—

a

is a reference to that person whether or not he is entitled to another style, and

b

in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the M6Local Government Act 1972) is referred to in Part I of that Schedule as the deputy mayor.

4

Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.

5

Section 101 of the M7Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part.

6

Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.

7

Any directions given by the Secretary of State under any provision of this Part—

a

may be varied or revoked by subsequent directions given by him under that provision, and

b

may make different provision for different cases, local authorities or descriptions of local authority.