The Local Authorities (Executive Arrangements) (Modification of Enactments and Further Provisions) (England) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order modifies legislation and makes other provisions for the purposes of, in consequence of, or for giving full effect to provisions in Part II of the Local Government Act 2000 (“the 2000 Act”) (arrangements with respect to executives etc.). This Order applies only in relation to authorities which are county councils in England, district councils and London borough councils.

Article 3 modifies section 101 of the Local Government Act 1972 (“the 1972 Act”). Article 3(a) prevents local authorities from making arrangements for the discharge of functions by another local authority to the extent that the function in question is the responsibility of the executive of that other local authority. In such cases the function (to that extent) could become the responsibility of the executive of that local authority, but not of the local authority themselves.

The modifications in article 3 also provide that the arrangements for the discharge of a local authority’s functions, by either another local authority or a joint committee, existing at the time when any of the participating local authorities begin to operate executive arrangements, shall cease to the extent that the function in question becomes the responsibility of the executive of any of those authorities.

Article 4 modifies section 102 of the 1972 Act to enable local authorities to appoint area committees for the purpose of discharging functions delegated by the executive. The amendment will also enable local authorities to appoint advisory committees to advise the executive of the local authority and any committee or individual member of that executive.

Article 5 modifies section 8 of the Local Government and Housing Act 1989 (“the 1989 Act”), enabling regulations made by the Secretary of State concerning local authorities' standing orders with respect to staff to include special provision in relation to the appointment of a local authority mayor’s assistant.

Article 6 modifies section 13 of the 1989 Act to ensure that, where a local authority are operating a mayor and council manager executive, the council manager, or any other officer appointed in his place, may be a voting member of any joint committee (or sub-committee of such a committee) which exercises functions which are the responsibility of the executive and of which he is a member. This article also makes a consequential amendment to Schedule 1 to the 2000 Act.

Article 7 applies the provisions of sections 94 to 98 of the 1972 Act, in respect of pecuniary interests, to members of local authority executives and of committees of those executives. These sections include provisions for affected members to apply to the Secretary of State for a disability to be removed.

Article 8 introduces a requirement for local authorities who are or will be operating executive arrangements under Part II of the Local Government Act 2000 to make standing orders in respect of local authority contracts and specifies the provisions that are to be included in the standing orders, including the procedure to be followed in the making of such contracts.

This Order applies to England only.