(1) A local authority within subsection (8) may, by a resolution in accordance with subsection (2), change the title by which the elected mayor of the authority is to be known to one of the following alternative titles—
(a) county commissioner;
(b) county governor;
(c) elected leader;
(d) governor;
(e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
(2) The following requirements must be met in relation to the resolution—
(a) the resolution must be considered at a relevant meeting of the authority,
(b) particulars of the resolution must be included in the notice of the meeting,
(c) where the resolution includes a proposed alternative title mentioned in subsection (1)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (1), and
(d) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
(3) In subsection (2)(a) “relevant meeting” means—
(a) in the case of a local authority within subsection (8)(a), the first meeting of the authority held after a qualifying election for the return of the elected mayor,
(b) in the case of a local authority within subsection (8)(b), the meeting of the authority at which the resolution under section 9KC (resolution of local authority) is passed, and
(c) in the case of a local authority within subsection (8)(c), the first meeting of the authority held after the referendum mentioned in section 9N is held.
(4) Subsections (5) and (6) apply where under this section a local authority changes the title by which the elected mayor of the authority is to be known to an alternative title.
(5) The authority must—
(a) send notice of the change to the Secretary of State,
(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c) publish the notice in such other manner as the Secretary of State may direct.
(6) Where this subsection applies—
(a) a reference in any enactment (whenever passed or made) to the elected mayor of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the elected mayor is to be known, and
(b) references to mayor, mayoral and deputy mayor are to be construed accordingly.
(7) A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
(8) A local authority is within this subsection if—
(a) it operates a mayor and cabinet executive,
(b) it passes a resolution in accordance with section 9KC (resolution of local authority) to make a change in governance arrangements which provides for the authority to operate a mayor and cabinet executive, or
(c) it holds a referendum by virtue of an order under section 9N (referendum on change to mayor and cabinet executive) and the proposal for the authority to operate a mayor and cabinet executive is approved in that referendum.
(9) The Secretary of State may by regulations amend subsection (1) to add, modify or remove a reference to an alternative title or a description of an alternative title.
(10) In this section—
“enactment”—
includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, but
does not include this section or section 9HG;
“qualifying election” means an election for the return of the elected mayor, other than—
the first election for the return of the elected mayor, and
an election caused by a vacancy in the office of the elected mayor occurring before expiry of the elected mayor’s term of office.
(11) This section is subject to section 9HG.
(1) This section applies where a local authority has—
(a) by a resolution under section 9HF or by a previous resolution under this section, changed the title by which the elected mayor of the authority is to be known to an alternative title, or
(b) by a previous resolution under this section, provided that the elected mayor of the authority is no longer to be known by an alternative title.
(2) The authority may, by a resolution in accordance with subsection (4)—
(a) in a subsection (1)(a) case—
(i) provide that the elected mayor is no longer to be known by the alternative title, or
(ii) change the title by which the elected mayor is to be known to an alternative title mentioned in subsection (3);
(b) in a subsection (1)(b) case, change the title by which the elected mayor is to be known to an alternative title mentioned in subsection (3).
(3) The alternative titles are—
(a) county commissioner;
(b) county governor;
(c) elected leader;
(d) governor;
(e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
(4) The following requirements must be met in relation to the resolution mentioned in subsection (2)—
(a) the resolution must be considered at a relevant meeting of the authority,
(b) particulars of the resolution must be included in the notice of the meeting,
(c) where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and
(d) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
(5) In subsection (4)(a) “relevant meeting” means the first meeting of the authority held after a qualifying election for the return of the elected mayor, provided that the election is at least the third qualifying election since the resolution mentioned in subsection (1) was passed.
(6) Where under this section a local authority provides that the elected mayor of the authority is no longer to be known by an alternative title, the authority must—
(a) send notice of the change to the Secretary of State,
(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c) publish the notice in such other manner as the Secretary of State may direct.
(7) Subsections (8) and (9) apply where under this section a local authority changes the title by which the elected mayor of the authority is to be known to an alternative title.
(8) The authority must—
(a) send notice of the change to the Secretary of State,
(b) publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c) publish the notice in such other manner as the Secretary of State may direct.
(9) Where this subsection applies—
(a) a reference in any enactment (whenever passed or made) to the elected mayor of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the elected mayor is to be known, and
(b) references to mayor, mayoral and deputy mayor are to be construed accordingly.
(10) A change of title under this section does not affect the rights or obligations of any person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
(11) The Secretary of State may by regulations amend subsection (3) to add, modify or remove a reference to an alternative title or a description of an alternative title.
(12) In this section “enactment” and “qualifying election” have the same meaning as in section 9HF.
Executive arrangements by a local authority which provide for a leader and cabinet executive (England)—
(a) must include provision with respect to the election of the executive leader, including provision for an election where there is a vacancy in the office of executive leader, and
(b) may include provision with respect to the term of office of the executive leader.
(1) Executive arrangements by a local authority which provide for a leader and cabinet executive (England) must include provision for the council to remove the executive leader by resolution.
(2) If a council passes a resolution to remove the executive leader, a new executive leader is to be elected—
(a) at the meeting at which the leader is removed from office, or
(b) at a subsequent meeting.
9IB Leader to continue to hold office as councillor
(1) A person who is the executive leader of a leader and cabinet executive (England) remains a member of the council during the period that the person is the executive leader.
(2) Accordingly, any enactment which provides for the person's earlier retirement as a councillor does not apply.
(3) This section does not affect anything by which the executive leader may cease to be a councillor otherwise than by retirement (including disqualification or resignation).
(1) This section applies to a local authority which operates a leader and cabinet executive (England).
(2) An executive leader may not be removed from office except in accordance with section 9IA or regulations under section 9ID.
(1) The Secretary of State may by regulations make provision—
(a) as to the election and removal from office of executive leaders of leader and cabinet executives (England),
(b) as to the term of office of an executive leader of a leader and cabinet executive (England), and
(c) as to the filling of vacancies in the office of executive leader of a leader and cabinet executive (England).
(2) Sections 9I to 9IC are subject to regulations under this section.
9J Secretary of State's power to prohibit delegation of functions etc
(1) The Secretary of State may by regulations—
(a) specify or describe any function of a committee system local authority that is to be a non-delegable function;
(b) specify or describe cases or circumstances in which any specified or described function of a committee system local authority is to be a non-delegable function;
(c) specify or describe any action in connection with the discharge of a function of a committee system local authority that is to be a non-delegable action;
(d) specify or describe cases or circumstances in which any specified or described action in connection with the discharge of a function of a committee system local authority is to be a non-delegable action.
(2) If a function or action is non-delegable—
(a) it must be carried out by the local authority, and
(b) such provisions of section 101 of the Local Government Act 1972 as may be specified in regulations under this section do not apply to it.
(3) In this Part “committee system local authority” means a local authority that operates a committee system.
(4) For the purposes of this section, something is specified or described if it is specified or described in regulations made by the Secretary of State under this section.
(5) In this section—
“action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—
the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
the doing of anything incidental or conducive to the discharge of the function, or
the doing of anything expedient in connection with the discharge of the function or any action within paragraph (a) or (b);
“function” means a function of any nature, whether conferred or otherwise arising before, on or after this section comes into force.
(1) A committee system local authority may by resolution appoint one or more committees as the authority's overview and scrutiny committee or, as the case may be, committees.
(2) The Secretary of State may by regulations make provision about—
(a) the functions, composition and procedure of a committee that has been appointed as an overview and scrutiny committee under this section, and
(b) the appointment by committee system local authorities of joint committees and sub-committees as overview and scrutiny committees.
(3) Provision under subsection (2) may, in particular, include provision which applies or reproduces (with or without modifications) any provision of, or made under, sections 9F to 9FI or paragraphs 6 to 13 of Schedule A1.
(1) A committee system local authority that is a lead local flood authority must review and scrutinise the exercise by risk management authorities of—
(a) flood risk management functions, or
(b) coastal erosion risk management functions,
which may affect the local authority's area.
(2) A local authority may issue such reports and recommendations as it considers appropriate in the course of exercising the function in subsection (1).
(3) A risk management authority must comply with a request made by a local authority in the course of exercising the function in subsection (1) for—
(a) information;
(b) a response to a report.
(4) The Secretary of State may make regulations about the duty under subsection (3) which may, in particular, include provision—
(a) about the procedure to be followed in relation to requests and compliance with them,
(b) about notices to be served in relation to requests,
(c) for exemptions from the duty,
(d) requiring persons to attend to give information orally,
(e) about the nature of the information and responses that may be requested, and
(f) about the publication of requests, information and responses.
(5) A risk management authority must have regard to any reports or recommendations mentioned in subsection (2) that relate to it.
(6) Expressions used in this section have the same meaning as in Part 1 of the Flood and Water Management Act 2010.
9K Committee system: change to leader and cabinet executive
Introduction
(1) This section sets out the circumstances in which a local authority that is operating a committee system must or may move to a leader and cabinet executive.
Committee system not protected
(2) If the local authority’s committee system is not protected, it must move to a leader and cabinet executive; and no resolution is needed and no referendum is to be held (despite any other provision of this Chapter which would otherwise require or authorise a resolution or referendum).
The local authority must comply with that duty so that it moves to a leader and cabinet executive before the end of the period of one year beginning with the commencement day (the “standard period”) or that period as extended by the Secretary of State in accordance with subsections (3) and (4).
(3) The Secretary of State may extend that period if the Secretary of State considers that it is likely that a dissolution order will be made in relation to the local authority during the period of one year after the end of the standard period.
(4) Any extension of that period—
(a) must be granted, and notified to the local authority in writing, before the end of the standard period;
(b) must end no later than one year after the end of the standard period.
(5) Before moving to a leader and cabinet executive in accordance with subsection (2), the local authority must—
(a) secure that copies of a document setting out the provisions of the arrangements for its leader and cabinet executive are available at its principal office for inspection by members of the public, and
(b) publish in one or more newspapers circulating in its area a notice which—
(i) states that the authority will be moving to a leader and cabinet executive,
(ii) states the date on which the change is to have effect,
(iii) describes the main features of the change,
(iv) states that copies of a document setting out the provisions of the arrangements for its leader and cabinet executive are available at the authority's principal office for inspection by members of the public, and
(v) specifies the address of the authority's principal office.
Protected committee system
(6) If the local authority’s committee system is protected, it must undertake and publish a review of whether the local authority should move to a leader and cabinet executive.
(7) The review—
(a) must be undertaken and published before the end of the 1 year decision period;
(b) must have regard to the need to secure effective and convenient local government for the area of the local authority;
(c) if it concludes that the local authority should not move to a leader and cabinet executive, must include the reasons why the committee system is an appropriate form of governance for the local authority.
(8) After the review is published, the local authority must act in accordance with subsection (9), (10) or (11).
The local authority must have regard to the review when choosing how to act.
(9) The local authority may pass a resolution to continue to operate the committee system.
Any such resolution must be passed before the end of the 1 year decision period.
(10) The local authority may act in accordance with this Chapter to hold a referendum on moving to a leader and cabinet executive (and then, following the referendum, must act in accordance with this Chapter).
Any such action must be taken so that—
(a) the referendum is held before the end of the 1 year decision period, and
(b) if the result of the referendum approves the move, the local authority moves to a leader and cabinet executive before the end of the period of 1 year beginning with the day of the referendum.
(11) The local authority may act in accordance with this Chapter to move to a leader and cabinet executive without holding a referendum (despite any other provision of this Chapter which would otherwise require a referendum).
Any such action must be taken so that—
(a) the resolution to move to a leader and cabinet executive is passed before the end of the 1 year decision period, and
(b) the local authority moves to a leader and cabinet executive before the end of the period of one year beginning with the date of the resolution.
(12) If a local authority’s committee system is protected, a petition cannot require a local authority to hold a referendum in accordance with regulations under section 9MC until both—
(a) the relevant protection period has ended, and
(b) the local authority has—
(i) passed a resolution in accordance with subsection (9),
(ii) acted in accordance with subsection (10) by holding a referendum which does not approve the move to a leader and cabinet executive, or
(iii) acted in accordance with subsection (10) or (11) by completing the move to a leader and cabinet executive.
Subsequent move to leader and cabinet executive
(13) If the local authority’s committee system is protected, and it retains the committee system after acting in accordance with subsections (6) to (11), it may subsequently move to a leader and cabinet executive in accordance with this Chapter.
Local authority subject to dissolution
(14) This section—
(a) does not apply to a local authority if a dissolution order has been made in relation to the local authority before the commencement day;
(b) ceases to apply to a local authority if a dissolution order is made in relation to the local authority on or after the commencement day.
Accordingly the local authority is not to move to a leader and cabinet executive in accordance with any provision of this section after the commencement day or (as the case may be) on or after the day when the dissolution order is made.
Interpretation
(15) For the purposes of this section, a local authority’s committee system is “protected” if the committee system—
(a) became or remained the local authority’s governance arrangements following a referendum, and the 10 year referendum protection period has not ended on the commencement day, or
(b) became the local authority’s governance arrangements by virtue of a resolution under this Part (but not following a referendum), and the 5 year resolution protection period has not ended on the commencement day.
(16) In this section—
“commencement day” means the day on which section 61 of the English Devolution and Community Empowerment Act 2026 comes into force;
“dissolution order” means an order under section 7 or 10 of the Local Government and Public Involvement in Health Act 2007 providing for the dissolution of a local authority;
“move to a leader and cabinet executive” means—
cease to operate the committee system, and
start to operate a leader and cabinet executive (England);
and related expressions are to be construed accordingly;
“protected” has the meaning given in subsection (15);
“relevant protection period”, in relation to a local authority whose committee system is protected, means whichever of the—
5 year resolution protection period, and
10 year referendum protection period,
applies to the local authority;
“1 year decision period” means the period of one year beginning with the day immediately after the last day of the relevant protection period;
“5 year resolution protection period”, in relation to a resolution under this Part by virtue of which the committee system became the local authority’s governance arrangements, means the period of 5 years beginning with the day on which the resolution was passed;
“10 year referendum protection period”, in relation to a referendum following which the committee system became or remained the local authority’s governance arrangements, means the period of 10 years beginning with the day on which the referendum was held.
9KA Mayor and cabinet executive: adoption of leader and cabinet executive
(A1) This section applies to a local authority if it is operating a mayor and cabinet executive.
(1) The local authority—
(a) may vary its executive arrangements so that they provide for a leader and cabinet executive (England), and
(b) may vary its executive arrangements in such other respects (if any) as it considers appropriate.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A local authority which is operating a leader and cabinet executive (England) must not cease to operate—
(a) executive arrangements, or
(b) a leader and cabinet executive (England).
(2) That duty applies to a local authority whenever it began to operate the leader and cabinet executive (England).
9KB Executive arrangements: other variation of arrangements
A local authority which operates executive arrangements may vary those arrangements so that they—
(a) differ from the existing arrangements in any respect, but
(b) still provide for the same form of executive.
(1) A resolution of a local authority is required in order for the authority to make a change in governance arrangements.
(2) As soon as practicable after passing such a resolution a local authority must—
(a) secure that copies of a document setting out the provisions of the arrangements that are to have effect following the resolution are available at its principal office for inspection by members of the public, and
(b) publish in one or more newspapers circulating in its area a notice which—
(i) states that the authority has resolved to make a change in its governance arrangements,
(ii) states the date on which the change is to have effect,
(iii) describes the main features of the change,
(iv) states that copies of a document setting out the provisions of the arrangements that are to have effect following the resolution are available at the authority's principal office for inspection by members of the public, and
(v) specifies the address of the authority's principal office.
(3) Subsection (4) applies if a local authority passes a resolution in accordance with this section (“Resolution A”) which makes a change in governance arrangements of the kind set out in—
(a) section 9K (change from one form of governance to another), or
(b) section 9KA (change to a different form of executive).
(3A) Subsection (4) also applies if a local authority passes a resolution to continue to operate the committee system in accordance with section 9K(9); and, in such a case, “Resolution A” means the resolution to continue to operate the committee system.
(4) The local authority may not pass another resolution that makes a change in governance arrangements of a kind mentioned in subsection (3) (“Resolution B”) before the end of the period of 4 years beginning with the date Resolution A is passed, unless
(a) Resolution B is approved in a referendum held in accordance with this Chapter, or
(b) subsection (4A) applies and Resolution B is passed in accordance with subsection (4E).
(4A) This subsection applies where Resolution B—
(a) makes a change in governance arrangements—
(i) under section 9K for the local authority to start to operate executive arrangements, or
(ii) under section 9KA for the local authority to vary its executive arrangements so that they provide for a mayor and cabinet executive, and
(b) has not been approved in a referendum held in accordance with this Chapter.
(4B) Where subsection (4A) applies, the local authority may submit a proposal to the Secretary of State for consent to pass Resolution B before the end of the period of 5 years beginning with the date Resolution A is passed.
(4C) A proposal must specify—
(a) the change in governance arrangements to be made by Resolution B, and
(b) how the change is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.
(4D) The Secretary of State may consent to a proposal only if the Secretary of State considers that the change in governance arrangements is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.
(4E) If the Secretary of State consents to a proposal, the local authority may pass Resolution B—
(a) before the end of the 5 year period beginning with the date Resolution A is passed, but
(b) not later than the end of the 3 year period beginning with the date consent is given.
(4F) The Secretary of State may by regulations make further provision about—
(a) the matters which must be addressed by a proposal under this section, and
(b) how a proposal is to be considered by the Secretary of State.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) See sections 9NC and 9ND (transfer of functions: changes in governance arrangements) for further provision about when a resolution under this section may be passed.
9L Implementation: change in form of governance or change in form of executive
(1) This section applies if a local authority passes a resolution which makes a change in governance arrangements of the kind set out in—
(a) section 9K (Committee system: change to leader and cabinet executive (England)), or
(b) section 9KA (mayor and cabinet executive: adoption of leader and cabinet executive).
(2) At a relevant change time, the local authority must—
(a) cease operating the old form of governance or (as the case may be) old form of executive, and
(b) start operating the form of governance or (as the case may be) form of executive which the change in governance arrangements provides for.
(3) Subject to subsection (2) and section 9MB(2), the local authority may take steps for the purposes of preparing for the change or implementing it (including steps relating to transitional arrangements).
(4) If the local authority is—
(a) ceasing to operate the committee system, and
(b) starting to operate a leader and cabinet executive (England),
in compliance with section 9K, a “relevant change time” for the purposes of subsection (2) is a time during the day that is specified in the resolution making the change in governance arrangements as the day on which that change is to take place.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) If the local authority is currently operating a mayor and cabinet executive and the change provides for the local authority to cease to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during the third day after the day on which the next ordinary election of a mayor was expected to be held when the resolution to make the change in governance arrangements was passed.
9M Cases in which change is subject to approval in a referendum in accordance with sections 9MA and 9MB
(1) A change in governance arrangements which a local authority proposes to make by resolution is subject to approval in a referendum in either of the following cases.
(2) The first case is where—
(a) the proposed change in governance arrangements is of a kind set out in—
(i) section 9K (change from one form of governance to another), or
(ii) section 9KA (change to a different form of executive), and
(b) the implementation of the local authority's existing form of governance or existing form of executive was approved in a referendum under this Chapter.
(3) The second case is where the local authority resolves that a proposed change in governance arrangements is to be subject to approval in a referendum.
(1) This section applies to a local authority which wishes to make a change in governance arrangements that is subject to approval in a referendum under section 9M.
(2) The local authority must draw up proposals for the change.
(3) The proposals must include—
(a) a timetable with respect to the implementation of the proposals,
(b) details of any transitional arrangements which are necessary for the implementation of the proposals, and
(c) a statement that the change in governance arrangements is to be subject to approval in a referendum.
(4) Subsections (5) and (6) apply where the proposed change in governance arrangements is of the kind set out in—
(a) section 9K (change from one form of governance to another), or
(b) section 9KA (change to a different form of executive).
(5) If the proposed change in governance arrangements would result in the local authority having executive arrangements, the proposals must state the extent to which the functions specified in regulations under section 9D(3)(b) are to be the responsibility of the executive which will be operated if the proposals are implemented.
(6) The proposals (particularly any provision about timetables and transitional matters included in accordance with subsection (3)) must be such as to ensure that the proposed change can take effect (so far as required to) in accordance with section 9L(2).
(7) After drawing up the proposals, the local authority must—
(a) secure that copies of a document setting out the proposals are available at its principal office for inspection by members of the public at all reasonable times, and
(b) publish in one or more newspapers circulating in its area a notice which—
(i) states that the authority has drawn up the proposals,
(ii) describes the main features of the proposals,
(iii) states that copies of a document setting out the proposals are available at the authority's principal office for inspection by members of the public at such times as may be specified in the notice, and
(iv) specifies the address of the authority's principal office.
9MB Requirement to hold and give effect to referendum
(1) This section applies to a local authority which wishes to make a change in governance arrangements that is subject to approval in a referendum under section 9M.
(2) The local authority must, after complying with section 9MA(7), hold a referendum on its proposals before taking any steps to implement them.
(3) The local authority may not pass a resolution which makes the proposed change unless the result of the referendum is to approve the proposals.
(4) Any such resolution must be passed
(a) within the period of 28 days beginning with the day when the referendum is held, or
(b) where paragraph (b) of section 9ND(7) (transfer of functions: changes in governance arrangements) applies, within the period of 28 days beginning with the day when the regulations mentioned in that subsection are amended or revoked.
(5) Any such resolution must be passed at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object.
(6) See section 9ND for further provision about referendums under section 9M.
(1) The Secretary of State may by regulations make provision for or in connection with requiring a local authority which receives a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should have a leader and cabinet executive (England).
(2) Regulations under subsection (1) may, in particular, include provision—
(a) as to the form and content of petitions (including provision for petitions in electronic form),
(b) as to the minimum number of local government electors for a local authority's area who must support any petition presented to the authority during any period specified in the regulations,
(c) for or in connection with requiring an officer of a local authority to publish the number of local government electors for the authority's area who must support any petition presented to the authority,
(d) as to the way in which local government electors for a local authority's area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),
(e) as to the action which may, may not or must be taken by a local authority in connection with any petition,
(f) as to the manner in which a petition is to be presented to a local authority,
(g) as to the verification of any petition,
(h) as to the date on which, or the time by which, a referendum must be held,
(i) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
(j) as to the action which may, may not or must be taken by a local authority after a referendum, and
(k) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
(3) Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
(4) The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent of the number of local government electors at each of those times.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may by regulations make provision for or in connection with enabling the Secretary of State, in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether it should have a leader and cabinet executive (England).
(2) Regulations under this section may, in particular, include provision—
(a) as to the date on which, or the time by which, a referendum must be held,
(b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
(c) as to the action which may, may not or must be taken by a local authority after a referendum, and
(d) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
(3) Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may by order make provision requiring every local authority, or every local authority falling within a description of authority specified in the order, to hold a referendum on whether they should have a leader and cabinet executive (England).
(2) An order under this section may, in particular, include provision—
(a) as to the date on which, or the time by which, a referendum must be held,
(b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
(c) as to the action which may, may not or must be taken by a local authority after a referendum, and
(d) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
(3) Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) If a local authority holds a referendum under this Chapter (“Referendum A”) it may not hold, or be required to hold, another referendum under this Chapter (“Referendum B”) within the period of 4 years beginning with the date of Referendum A, unless
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) subsection (3A) applies and Referendum B is held in accordance with subsection (3E).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) This subsection applies if Referendum B is held under section 9M to approve a change in governance arrangements—
(a) under section 9K for the local authority to start to operate executive arrangements, or
(b) under section 9KA for the local authority to vary its executive arrangements so that they provide for a mayor and cabinet executive.
(3B) Where subsection (3A) applies, the local authority may submit a proposal to the Secretary of State for consent to hold Referendum B within the period of 4 years beginning with the date of Referendum A.
(3C) A proposal must specify—
(a) the change in governance arrangements that is subject to approval in Referendum B, and
(b) how the change is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.
(3D) The Secretary of State may consent to a proposal only if the Secretary of State considers that the change in governance arrangements is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.
(3E) If the Secretary of State consents to a proposal, the local authority may hold Referendum B—
(a) within the 4 year period beginning with the date of Referendum A, but
(b) not later than the end of the 3 year period beginning with the date consent is given.
(3F) The Secretary of State may by regulations make further provision about—
(a) the matters which must be addressed by a proposal under this section, and
(b) how a proposal is to be considered by the Secretary of State.
(4) If the result of a referendum held by virtue of regulations, an order or a direction made under any provision of this Chapter is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals.
(5) If the result of a referendum held by virtue of regulations, an order or a direction made under any provision of this Chapter is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals.
(6) Subsections (4) and (5) do not apply to a referendum held by virtue of section 9N (but see section 9N(2)(c)).
(7) See section 9ND (transfer of functions: changes in governance arrangements) for further provision about referendums under section 9MC.
(1) The persons entitled to vote in a referendum held by a local authority under this Chapter are those who on the day of the referendum—
(a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority's area, and
(b) are registered in the register of local government electors at an address within the authority's area.
(2) The Secretary of State ... may by regulations make provision as to the conduct of referendums under this Chapter.
(3) The Secretary of State ... may by regulations make provision for the combination of polls at referendums under this Chapter with polls at any elections.
(4) Regulations under subsection (2) or (3) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.
(5) Regulations under subsection (2) may, in particular, include provision—
(a) as to the question to be asked in a referendum,
(b) as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum),
(c) about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),
(d) as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,
(e) as to when, where and how voting in a referendum is to take place,
(f) as to how the votes cast in a referendum are to be counted, and
(g) for disregarding alterations in a register of electors.
(6) Before making any regulations under this section that include provision as to the question to be asked in a referendum, the Secretary of State ... must consult the Electoral Commission.
(1) This section applies to a change in governance arrangements of the kind set out in section 9KB (variation of executive arrangements) if the local authority is operating a mayor and cabinet executive.
(2) The local authority may not resolve to make a change in governance arrangements unless the elected mayor has given written consent to the proposed change.
9NC Transfer of functions: changes in governance arrangements not subject to a referendum
(1) This section applies where—
(a) the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority,
(b) the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and
(c) that change is not—
(i) subject to approval in a referendum under section 9M, or
(ii) required to be implemented by the local authority in accordance with section 9MF(4) (referendums under sections 9MC to 9ME).
(2) The local authority may not pass the resolution unless the local authority complies with this section.
(3) The local authority must notify the Secretary of State of the proposed change in governance arrangements.
(4) Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016).
(5) The Secretary of State must notify the local authority of the decision under subsection (4).
(6) If the Secretary of State considers that the regulations should be amended or revoked, the local authority may not pass the resolution until the regulations have been so amended or revoked.
(7) If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may pass the resolution.
(8) In this section—
“function” has the same meaning as in section 16 of the Cities and Local Government Devolution Act 2016;
“relevant change in governance arrangements” means—
a change under section 9K for the local authority to cease to operate executive arrangements, or
a change under section 9KA for the local authority to vary its executive arrangements so that they provide for a leader and cabinet executive.
(9) This section is subject to section 9KC(3) and (4) (timing of change in governance arrangements).
9ND Transfer of functions: changes in governance arrangements subject to a referendum
(1) This section applies where—
(a) the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority,
(b) the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and
(c) that change is subject to approval in a referendum under section 9M.
(2) This section also applies where—
(a) the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 that provide for a function to be exercisable by a local authority, and
(b) the local authority is required by regulations under section 9MC (referendum following petition) to hold a referendum on whether the authority should make a relevant change in governance arrangements.
(3) The local authority may not—
(a) hold the referendum mentioned in subsection (1)(c) or (2)(b), or
(b) pass a resolution which makes the proposed change in governance arrangements,
unless the local authority complies with this section.
(4) The local authority must notify the Secretary of State of the proposed change in governance arrangements.
(5) Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) or (2)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016).
(6) The Secretary of State must notify the local authority of the decision under subsection (5).
(7) If the Secretary of State considers that the regulations should be amended or revoked—
(a) the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b), but
(b) if the result of the referendum is to approve the proposals, the local authority may not pass a resolution which makes the proposed change in governance arrangements until the regulations have been so amended or revoked.
(8) If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b) and (if the result of the referendum is to approve the proposals) pass the resolution.
(9) In this section “function” and “relevant change in governance arrangements” have the same meaning as in section 9NC.
(10) This section is subject to sections 9KC(3) and (4), 9MB and 9MF (timing of change in governance arrangements etc).
(1) A local authority may not—
(a) cease to operate a form of governance, or
(b) vary executive arrangements,
other than in accordance with this Chapter.
(2) In making a change in governance arrangements, the local authority must comply with any directions given by the Secretary of State in connection with the making of such a change.
(1) This section applies for the purposes of this Chapter.
(2) References to a change in governance arrangements are references to any change of a kind set out in sections 9K to 9KB.
(3) References to a relevant type of governance arrangement are references to—
(a) a leader and cabinet executive (England);
(b) a mayor and cabinet executive;
(c) a committee system;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) References to a form of governance are references to—
(a) executive arrangements;
(b) a committee system;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A local authority must prepare and keep up to date a document (referred to in this section as its constitution) which contains—
(a) a copy of the authority's standing orders for the time being,
(b) a copy of the authority's code of conduct (if any) for the time being under section 28 of the Localism Act 2011,
(c) such information as the Secretary of State may direct, and
(d) such other information (if any) as the authority considers appropriate.
(2) In the case of a committee system local authority, the authority's constitution must also contain a statement as to whether the authority has resolved to have an overview and scrutiny committee under section 9JA.
(3) A local authority must ensure that copies of its constitution are available at its principal office for inspection by members of the public at all reasonable hours.
(4) A local authority must supply a copy of its constitution to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.
(1) A local authority must have regard to any guidance for the time being issued by the Secretary of State for the purposes of this Part.
(2) Guidance under this section may make different provision for different cases or descriptions of local authority.
(1) In this Part, unless the context otherwise requires—
“committee system” has the meaning given by section 9B,
“committee system local authority” has the meaning given by section 9J(3),
“elected mayor” has the meaning given by section 9H,
“electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983,
“enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978),
“executive”, in relation to a local authority, is to be construed in accordance with section 9C,
“executive arrangements” has the meaning given by section 9B,
“executive leader” has the meaning given by section 9C(3)(a),
...
“leader and cabinet executive (England)” has the meaning given by section 9C(3),
“local authority” means a county council in England, a district council or a London borough council,
“local government elector” has the meaning given by section 270(1) of the Local Government Act 1972,
“mayor and cabinet executive” has the meaning given by section 9C(2),
“ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority,
“the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989,
...
...
(2) In this Part “relevant election years”, in relation to a local authority, means the years specified in the second column of the following table in relation to that type of authority.
Type of local authority | Relevant election years
Metropolitan district | 2014 and every fourth year afterwards
County | 2013 and every fourth year afterwards
London borough | 2014 and every fourth year afterwards
Non-metropolitan district | 2011 and every fourth year afterwards
(3) Any reference in this Part to the chairman of a local authority—
(a) is a reference to that person whether or not the person is entitled to another style, and
(b) in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the Local Government Act 1972) is referred to in Part 1 of that Schedule as the mayor of the borough.
(4) Any reference in this Part to the vice-chairman of a local authority—
(a) is a reference to that person whether or not the person is entitled to another style, and
(b) in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the Local Government Act 1972) is referred to in Part 1 of that Schedule as the deputy mayor.
(5) Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.
(6) Section 101 of the Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part.
(7) Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.
(8) Any directions given by the Secretary of State under any provision of this Part—
(a) may be varied or revoked by subsequent directions given by the Secretary of State under that provision, and
(b) may make different provision for different cases, different local authorities or different descriptions of local authority.
(1) In this Part “executive arrangements” means arrangements by a local authority in Wales—
(a) for and in connection with the creation and operation of an executive of the authority, and
(b) under which certain functions of the authority are the responsibility of the executive.
(2) Executive arrangements by a local authority in Wales must conform with any provisions made by or under this Part which relate to such arrangements.
(1) The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.
(2) The executive may consist of—
(a) an elected mayor of the authority, and
(b) two or more councillors of the authority appointed to the executive by the elected mayor.
Such an executive is referred to in this Part as a mayor and cabinet executive.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The executive may consist of—
(a) a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and
(b) two or more councillors of the authority appointed to the executive by one of the following—
(i) the executive leader, or
(ii) the authority.
Such an executive is referred to in this Part as a leader and cabinet executive (Wales).
(4) In the case of any local authority in Wales, the executive may consist of—
(a) an elected mayor of the authority, and
(b) an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority.
Such an executive is referred to in this Part as a mayor and council manager executive.
(5) The executive may take any such form as may be prescribed in regulations made by the Welsh Ministers.
(6) Regulations under subsection (5) may, in particular, provide for—
(a) a form of executive some or all of the members of which are elected by the local government electors for the authority’s area to a specified post in the executive associated with the discharge of particular functions,
(b) a form of executive some or all of the members of which are elected by those electors but not to any such post,
(c) the system of voting that will be used for elections under paragraph (a) or (b).
(7) A local authority executive may not include the chairman or vice-chairman of the authority.
(8) The number of members of a mayor and cabinet executive or a leader and cabinet executive (Wales) may not exceed 10.
(8ZA) But if two or more councillors are elected to share office as executive leader (by virtue of paragraph 2(2A) of Schedule 1) or are appointed to the executive to share office (by virtue of paragraph 2A of Schedule 1), the number of members of the executive may exceed 10 but not 13; and where the number of members of the executive is—
(a) 11 or 12, at least two of the members must have been elected or appointed to share office;
(b) 13, at least three of the members must have been elected or appointed to share office.
(8A) For the purposes of subsections (8) and (8ZA), no account is to be taken of a member appointed to the executive on a temporary basis to cover the absence of a member exercising a right to a family absence under Part 2 of the Local Government (Wales) Measure 2011.
(9) The Welsh Ministers may by regulations amend subsections (8) and (8ZA) so as to provide for different maximum numbers of members of an executive to which those subsections apply; but the power under this subsection may not be exercised so as to provide—
(a) for a maximum number in subsection (8) which exceeds 10, or
(b) for a maximum number in subsection (8ZA) which exceeds 13.
(9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under subsection ... (3)(a) or appointing councillors or an officer to the executive under subsection (3)(b)(ii) or (4)(b).
(1) In deciding whether to make regulations under section 11(5) prescribing a particular form of executive, or which provision to make under section 17 in relation to that form of executive, the Welsh Ministers must have regard to—
(a) any proposals made to them under subsection (2),
(b) the extent to which they consider that the operation by a local authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way,
(c) the extent to which that form of executive differs from the forms of executive for the time being permitted by or under section 11,
(d) the number and description of authorities for which they consider that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive to consider.
(2) For the purposes of subsection (1), a local authority may propose to the Welsh Ministers a form of executive in relation to which the authority consider that the conditions mentioned in subsection (3) are satisfied.
(3) Those conditions are—
(a) that the operation by the authority of executive arrangements involving that form of executive would be an improvement on the arrangements which the authority have in place for the discharge of their functions at the time that the proposal is made to the Welsh Ministers,
(b) that the operation by the authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way, and
(c) that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive for all local authorities, or for any particular description of local authority, to consider.
(4) A proposal under subsection (2)—
(a) must describe the form of executive to which it relates,
(b) must describe the provision which the authority consider should be made under section 17 in relation to that form of executive, and
(c) must explain why the authority consider that the conditions mentioned in subsection (3) are satisfied in relation to that form of executive.
13 Functions which are the responsibility of an executive.
(1) This section has effect for the purposes of determining the functions of a local authority which are the responsibility of an executive of the authority under executive arrangements.
(2) Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of a local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.
(3) The Welsh Ministers may by regulations make provision for any function of a local authority specified in the regulations—
(a) to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,
(b) to be a function which may be the responsibility of such an executive under such arrangements, or
(c) to be a function which—
(i) to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and
(ii) to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.
(4) Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—
(a) to be a function which is to be the responsibility of an executive of the authority,
(b) to be a function which is not to be the responsibility of such an executive, or
(c) to be a function which—
(i) to the extent provided by the arrangements is to be the responsibility of such an executive, and
(ii) to the extent provided by the arrangements is not to be the responsibility of such an executive.
(5) The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority—
(a) to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and
(b) to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.
(6) The Welsh Ministers may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.
(7) A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the Local Government Act 1972, or any provision of that section, does not apply to that function.
(8) Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of this section, the responsibility of the executive under such arrangements.
(9) Any function which is the responsibility of an executive of a local authority under executive arrangements—
(a) is to be regarded as exercisable by the executive on behalf of the authority, and
(b) may be discharged only in accordance with any provisions made by or under this Part ... or under section 56 of the Local Government (Wales) Measure 2011 which apply to the discharge of any such function by that form of executive.
(10) Accordingly any function which is the responsibility of an executive of a local authority under executive arrangements—
(a) may not be discharged by the authority,
(b) is not to be a function to which section 101(1) of the Local Government Act 1972 applies, and
(c) may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 20.
(11) Subject to any provision made under subsection (12), any function which, under executive arrangements, is not the responsibility of an executive of a local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.
(12) The Welsh Ministers may by regulations make provision with respect to the discharge of any function which, under executive arrangements, is not the responsibility of an executive of a local authority (including provision disapplying section 101 of the Local Government Act 1972 or any provision of that section).
(13) Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.
(14) In this section—
“action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—
the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
the doing of anything incidental or conducive to the discharge of the function, or
the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b),
“function” means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.
14 Discharge of functions: mayor and cabinet executive
(1) Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of a mayor and cabinet executive are to be discharged in accordance with this section.
(2) The elected mayor —
(a) may discharge any of those functions, or
(b) may arrange for the discharge of any of those functions—
(i) by the executive,
(ii) by another member of the executive,
(iii) by a committee of the executive, or
(iv) by an officer of the authority.
(3) Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the elected mayor otherwise directs, the executive may arrange for the discharge of any of those functions—
(a) by a committee of the executive, or
(b) by an officer of the authority.
(4) Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the elected mayor otherwise directs, the member who may discharge the function may arrange for the discharge of any of those functions by an officer of the authority.
(5) Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the elected mayor otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.
(6) Any arrangements made by virtue of this section by an elected mayor, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the elected mayor, executive, member or committee by whom the arrangements are made from exercising those functions.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Discharge of functions: leader and cabinet executive (Wales)
(1) Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of a leader and cabinet executive (Wales) are to be discharged in accordance with this section.
(2) The executive arrangements may make provision with respect to the allocation of any functions which are the responsibility of the executive among the following persons—
(a) the executive,
(b) any members of the executive,
(c) any committees of the executive, and
(d) any officers of the authority.
(3) If the executive arrangements make such provision as is mentioned in subsection (2), any person to whom a function is allocated in accordance with that provision may discharge the function.
(4) If or to the extent that the functions which are the responsibility of the executive are not allocated in accordance with such provision as is mentioned in subsection (2), the executive leader—
(a) may discharge any of those functions, or
(b) may arrange for the discharge of any of those functions—
(i) by the executive,
(ii) by another member of the executive,
(iii) by a committee of the executive, or
(iv) by an officer of the authority.
(5) Where by virtue of this section any functions may be discharged by a local authority executive, the executive may arrange for the discharge of any of those functions—
(a) by a committee of the executive, or
(b) by an officer of the authority.
(6) Where by virtue of this section any functions may be discharged by a member of a local authority executive, that member may arrange for the discharge of any of those functions by an officer of the authority.
(7) Where by virtue of this section any functions may be discharged by a committee of a local authority executive, the committee may arrange for the discharge of any of those functions by an officer of the authority.
(8) Where the executive leader makes or has made any arrangements under subsection (4)(b)(i), (ii) or (iii), he may direct that subsection (5), (6) or (7) (as the case may be) is not to apply to any of the functions which are the subject of those arrangements or is not to apply to any of those functions in such cases or circumstances as he may direct.
(9) Any arrangements made by virtue of this section by an executive leader, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the executive leader, executive, member or committee by whom the arrangements are made from exercising those functions.
(10) The reference in subsection (2)(b) to the members of the executive includes a reference to the executive leader, and subsection (6) in its application for the purposes of subsection (2)(b) is to be construed accordingly.