SCHEDULES

Section 74

SCHEDULE 3E+WExecutives: further amendments

Local Government Act 1972 (c. 70)E+W

1E+WThe Local Government Act 1972 is amended as follows.

Commencement Information

I1Sch. 3 para. 1 in force at 30.12.2007, see s. 245(2)

2(1)Section 2 (constitution of principal councils in England) is amended as follows.E+W

(2)After subsection (2A) insert—

“(2B)In such a case, a reference in this Act to a member of a council is a reference to—

(a)the elected mayor of the council,

(b)the chairman of the council, or

(c)a councillor of the council.”

Commencement Information

I2Sch. 3 para. 2 in force at 30.12.2007, see s. 245(2)

3(1)Section 3 (chairman) is amended as follows.E+W

(2)In subsection (4A) omit “or a mayor and council manager executive”.

Commencement Information

I3Sch. 3 para. 3 in force at 30.12.2007, see s. 245(2)

4(1)Section 21 (constitution of principal councils in Wales) is amended as follows.E+W

(2)After subsection (1A) insert—

“(1B)In such a case, a reference in this Act to a member of a council is a reference to—

(a)the elected mayor of the council,

(b)the chairman of the council, or

(c)a councillor of the council.”

Commencement Information

I4Sch. 3 para. 4 in force at 30.12.2007, see s. 245(2)

5(1)Section 79 (qualifications for election and holding office) is amended as follows.E+W

(2)In subsection (1) omit “, or be qualified to be elected and to be an elected mayor,”.

Commencement Information

I5Sch. 3 para. 5 in force at 30.12.2007, see s. 245(2)

6(1)Section 80 (disqualification for election and holding office) is amended as follows.E+W

(2)In subsection (1) in the words before paragraph (a) omit “, and be disqualified for being elected or being an elected mayor,”.

Commencement Information

I6Sch. 3 para. 6 in force at 30.12.2007, see s. 245(2)

7(1)Section 100G (principal councils to publish additional information) is amended as follows.E+W

(2)In subsection (1)(a) for the second “and” substitute “ together with, in the case of a councillor, ”.

Commencement Information

I7Sch. 3 para. 7 in force at 30.12.2007, see s. 245(2)

8(1)Section 100J (application of Part 5A to new authorities, Common Council, etc) is amended as follows.E+W

(2)In subsection (4)(a)—

(a)for “from “ward” onwards” substitute “ after “together with” ”;

(b)before “name” insert “ the ”.

(3)In subsection (4)(aa)—

(a)for “from “ward” onwards” substitute “ after “together with” ”;

(b)before “name” insert “ the ”.

(4)In subsection (4)(b) for “from “and the ward” onwards” substitute “ after “for the time being” ”.

(5)In subsection (4)(c)—

(a)before “ward” insert “ , in the case of a councillor, the ”;

(b)before “constituent” insert “ the ”.

F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 3 para. 8(6) repealed (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 123(b); S.I. 2018/227, reg. 4(c)

Commencement Information

I8Sch. 3 para. 8 in force at 30.12.2007, see s. 245(2)

9(1)Section 249 (honorary aldermen and freemen) is amended as follows.E+W

(2)In subsection (1) for “councillors” substitute “ members ”.

(3)In subsection (2) for “councillor” substitute “ member ”.

Commencement Information

I9Sch. 3 para. 9 in force at 30.12.2007, see s. 245(2)

10(1)Section 270 (general provisions as to interpretation) is amended as follows.E+W

(2)In subsection (1) for the definition of “leader and cabinet executive” substitute—

““leader and cabinet executive means”—

(a)in relation to England: a leader and cabinet executive (England);

(b)in relation to Wales: a leader and cabinet executive (Wales);”.

(3)In subsection (1) insert the following definitions at the appropriate places—

““leader and cabinet executive (England)” has the same meaning as in Part 2 of the Local Government Act 2000;”;

““leader and cabinet executive (Wales)” has the same meaning as in Part 2 of the Local Government Act 2000;”.

(4)In subsection (4A) omit “or a mayor and council manager executive”.

Commencement Information

I10Sch. 3 para. 10 in force at 30.12.2007, see s. 245(2)

11(1)Schedule 2 (constitution and membership of London borough councils) is amended as follows.E+W

(2)For paragraph 5C substitute—

“5C(1)The council shall consist of an elected mayor, a chairman and councillors.

(2)A reference in this Act to a member of the council is a reference to—

(a)the chairman of the council,

(b)a councillor of the council, or

(c)the elected mayor of the council.”

Commencement Information

I11Sch. 3 para. 11 in force at 30.12.2007, see s. 245(2)

12(1)Schedule 12 (meetings and proceedings of local authorities) is amended as follows.E+W

(2)In paragraph 5(5) (who presides over meeting of council operating mayoral executive) omit “or a mayor and council manager executive”.

Commencement Information

I12Sch. 3 para. 12 in force at 30.12.2007, see s. 245(2)

Local Government Act 1974 (c. 7)E+W

13E+WThe Local Government Act 1974 is amended as follows.

Commencement Information

I13Sch. 3 para. 13 in force at 30.12.2007, see s. 245(2)

14(1)Section 30 (reports on investigation) is amended as follows.E+W

(2)In subsection (2AB) omit “or mayor and council manager executive”.

Commencement Information

I14Sch. 3 para. 14 in force at 30.12.2007, see s. 245(2)

15(1)Section 34 (interpretation of Part 3) is amended as follows.E+W

(2)In the definition of “mayor and cabinet executive” and “mayor and council manager executive” for “and “mayor and council manager executive” have” substitute “ has ”.

Commencement Information

I15Sch. 3 para. 15 in force at 30.12.2007, see s. 245(2)

Representation of the People Act 1983 (c. 2)E+W

16E+WThe Representation of the People Act 1983 is amended as follows.

Commencement Information

I16Sch. 3 para. 16 in force at 30.12.2007, see s. 245(2)

17E+WIn section 24 (returning officers: England and Wales) in subsection (1)(dd) omit “or a mayor and council manager executive”.

Commencement Information

I17Sch. 3 para. 17 in force at 30.12.2007, see s. 245(2)

Local Government Act 1985 (c. 51)E+W

18E+WThe Local Government Act 1985 is amended as follows.

Commencement Information

I18Sch. 3 para. 18 in force at 30.12.2007, see s. 245(2)

19(1)Section 35 (disqualification) is amended as follows.E+W

(2)In subsection (4) for “ “executive leader” and “leader and cabinet executive”” substitute “ and executive leader ”.

(3)After subsection (4) insert—

“(5)In this section “leader and cabinet executive” means—

(a)in relation to England: a leader and cabinet executive (England);

(b)in relation to Wales: a leader and cabinet executive (Wales);

and for this purpose “leader and cabinet executive (England)” and “leader and cabinet executive (Wales)” have the same meanings as in Part 2 of the Local Government Act 2000.”

Commencement Information

I19Sch. 3 para. 19 in force at 30.12.2007, see s. 245(2)

Local Government Finance Act 1988 (c. 41)E+W

20E+WThe Local Government Finance Act 1988 is amended as follows.

Commencement Information

I20Sch. 3 para. 20 in force at 30.12.2007, see s. 245(2)

21(1)Section 111 (interpretation of Part 8) is amended as follows.E+W

(2)In subsection (3A) omit “leader and cabinet executive,”.

(3)After subsection (3A) insert—

“(3B)In this Part, “leader and cabinet executive” means—

(a)in relation to England: a leader and cabinet executive (England);

(b)in relation to Wales: a leader and cabinet executive (Wales);

and for this purpose “leader and cabinet executive (England)” and “leader and cabinet executive (Wales)” have the same meanings as in Part 2 of the Local Government Act 2000.”

Commencement Information

I21Sch. 3 para. 21 in force at 30.12.2007, see s. 245(2)

Local Government Act 2000 (c. 22) E+W

22E+WThe Local Government Act 2000 is amended as follows.

Commencement Information

I22Sch. 3 para. 22 in force at 30.12.2007, see s. 245(2)

F223E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 3 para. 23 omitted (27.11.2013) by virtue of The Local Government (Wales) Measure 2011 (Modification of Enactments and other Provisions) Order 2013 (S.I. 2013/3005), regs. 1(1), 2

F324E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 3 para. 24 omitted (27.11.2013) by virtue of The Local Government (Wales) Measure 2011 (Modification of Enactments and other Provisions) Order 2013 (S.I. 2013/3005), regs. 1(1), 2

F425E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 para. 25 omitted (27.11.2013) by virtue of The Local Government (Wales) Measure 2011 (Modification of Enactments and other Provisions) Order 2013 (S.I. 2013/3005), regs. 1(1), 2

26E+WIn section 83 (interpretation of Part 3) in the definition of “executive leader”, for “section 11(3)(a)” substitute “ section 11(2A)(a) or (3)(a) ”.

Commencement Information

I23Sch. 3 para. 26 in force at 30.12.2007, see s. 245(2)

27E+WIn section 105 (orders and regulations), in subsection (6) after “32,” insert “ 33O(6), ”.

Commencement Information

I24Sch. 3 para. 27 in force at 30.12.2007, see s. 245(2)

F528E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 3 para. 28 repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(c)

29(1)For the heading before paragraph 2 of Schedule 1 substitute— “ Leader and cabinet executives (Wales) ”.E+W

(2)Paragraph 2 is amended as follows.

(3)In sub-paragraph (1) for “leader and cabinet executive” substitute “ leader and cabinet executive (Wales) ”.

(4)In sub-paragraph (4) for “sub-paragraph (2)(a)” substitute “ sub-paragraph (3)(a). ”.

Commencement Information

I25Sch. 3 para. 29 in force at 30.12.2007, see s. 245(2)