C1C7C8C6C3C9C2C4C5C10C11F1PART 1AArrangements with respect to local authority governance in England

Annotations:
Amendments (Textual)
F1

Pt. 1A inserted (3.12.2011 for specified purposes, 15.1.2012 for the insertion of Pt. 1A Ch. 4 so far as not already in force and ss. 9B, 9C and 9R for specified purposes, 9.3.2012 for the insertion of ss. 9H-9HE in so far as not already in force and s. 9R for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/57, art. 4(1)(b) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 2(a); S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)
C2

Pt. 1A modified by S.I. 2008/2113, reg. 10 (as substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(3))

CHAPTER 4Changing governance arrangements

F2Transfer of functions: changes in governance arrangements

Annotations:
Amendments (Textual)
F2

Ss. 9NC, 9ND and cross-heading inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 72(5), 255(2)(k) (with s. 247)

9NCTransfer of functions: changes in governance arrangements not subject to a referendum

1

This section applies where—

a

the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority,

b

the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and

c

that change is not—

i

subject to approval in a referendum under section 9M, or

ii

required to be implemented by the local authority in accordance with section 9MF(4) (referendums under sections 9MC to 9ME).

2

The local authority may not pass the resolution unless the local authority complies with this section.

3

The local authority must notify the Secretary of State of the proposed change in governance arrangements.

4

Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016).

5

The Secretary of State must notify the local authority of the decision under subsection (4).

6

If the Secretary of State considers that the regulations should be amended or revoked, the local authority may not pass the resolution until the regulations have been so amended or revoked.

7

If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may pass the resolution.

8

In this section—

  • “function” has the same meaning as in section 16 of the Cities and Local Government Devolution Act 2016;

  • “relevant change in governance arrangements” means—

    1. a

      a change under section 9K for the local authority to cease to operate executive arrangements, or

    2. b

      a change under section 9KA for the local authority to vary its executive arrangements so that they provide for a leader and cabinet executive.

9

This section is subject to section 9KC(3) and (4) (timing of change in governance arrangements).