C1F1PART 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)

CHAPTER 5Supplementary

Interpretation

9RInterpretation of Part 1A

1

In this Part, unless the context otherwise requires—

  • “committee system” has the meaning given by section 9B,

  • “committee system local authority” has the meaning given by section 9J(3),

  • “elected mayor” has the meaning given by section 9H,

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

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

  • “executive”, in relation to a local authority, is to be construed in accordance with section 9C,

  • “executive arrangements” has the meaning given by section 9B,

  • “executive leader” has the meaning given by section 9C(3)(a),

  • “first preference vote” has the meaning given by section 9HC,

  • “leader and cabinet executive (England)” has the meaning given by section 9C(3),

  • “local authority” means a county council in England, a district council or a London borough council,

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

  • “mayor and cabinet executive” has the meaning given by section 9C(2),

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

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

  • “prescribed arrangements” has the meaning give by section 9B, and

  • “second preference vote” has the meaning given by section 9HC.

2

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

2014 and every fourth year afterwards

County

2013 and every fourth year afterwards

London borough

2014 and every fourth year afterwards

Non-metropolitan district

2011 and every fourth year afterwards

3

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

a

is a reference to that person whether or not the person 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 Local Government Act 1972) is referred to in Part 1 of that Schedule as the mayor of the borough.

4

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

a

is a reference to that person whether or not the person 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 Local Government Act 1972) is referred to in Part 1 of that Schedule as the deputy mayor.

5

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.

6

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

7

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.

8

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 the Secretary of State under that provision, and

b

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