5.—(1) Subject to paragraph (2), if a local authority draws up proposals under regulation 2(1) and under existing executive arrangements the executive takes the form specified in section 11(2) or (4) of the 2000 Act (mayor and cabinet executive or mayor and council manager executive), the local authority may not implement the proposals without the written consent of the elected mayor under the existing executive arrangements.
(2) The consent of the elected mayor is not required under paragraph (1) if the arrangements which are the subject of the proposals mentioned in that paragraph differ from the existing executive arrangements only in respect of the operation and functions of an overview and scrutiny committee or of a sub-committee of such a committee.