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),

  • F2“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” F3means—

    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 F3means a county council in Walesor a county borough council,

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

  • F5...

  • “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).

1A

F4...

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.