Local Government and Public Involvement in Health Act 2007

Local Government and Public Involvement in Health Act 2007

2007 CHAPTER 28

Commentary on Sections

Part 3: Executive Arrangements for England

Executive Arrangements for England

Section 67: Leader and cabinet executives (England)

168. This section inserts new sections 44A to 44H, into the Local Government Act 2000 with respect to the new style of leader and cabinet executive which replaces the previous such model in relation to England only.

169. The provision made for the election of the leader in a leader and cabinet executive (England) varies depending on whether the local authority holds whole-council elections or elections by halves or by thirds. In the case of the former, the leader is elected at the annual meeting following a whole-council election or at a subsequent meeting. In the case of the latter, the leader is elected at the relevant annual meeting. Thereafter, the leader is elected at the annual meeting held shortly after the day on which the previous leader would normally be required to retire as councillor.

170. New section 44C provides that the leader can be removed by the local authority if its executive arrangements so provide.

171. Generally, however, the leader remains in office until shortly after the date on which they would normally have retired as councillor and will continue to be a councillor during that period. The term of office of the leader will be four years where the local authority holds whole-council elections. Where the local authority holds elections by halves or thirds, the leader’s term of office will vary, depending on the length of the remainder of the leader’s term of office as councillor.

172. New section 44H provides powers for the Secretary of State to make regulations with regard to the term of office of executive leaders and the filling of casual vacancies in the office of the executive leader.