The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001 No. 2237

Consideration of adverse reports

10.—(1) In section 31A of the Local Government Act 1974(1) (consideration of adverse reports)—

(a) after subsection (2), there shall be inserted—

“(2A) In the case of a local authority which are operating executive arrangements, consideration of a further report of the Local Commissioner under section 31(2A) above by the executive of that local authority, or any person on behalf of that executive, shall be subject to a corresponding restriction.”; and

(b) after subsection (5), there shall be inserted—

“(5A) In the case of a local authority which are operating executive arrangements—

(a) no member of the executive of that authority shall decide; and

(b) no member of the executive or any body acting on behalf of that executive shall vote on any question with respect to a report or further report under this Part of the Act in which he is named and criticised by a Local Commissioner.”.

(2) In subsection (1) of section 34 of the Local Government Act 1974 (interpretation of Part III), after the definition of “the Commissions” there shall be inserted—

““executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;”.

(1)

Section 31A was inserted by section 28(1) of the Local Government and Housing Act 1989.