(1) A non-metropolitan district council in England that—
(a) was formerly subject to a scheme for elections by halves, but
(b) is for the time being subject to a scheme for whole-council elections,
may resolve that it is to revert to being subject to a scheme for elections by halves.
(2) For the purposes of this section, a council that is subject to a scheme for whole-council elections was “formerly subject” to a scheme for elections by halves if it was subject to such a scheme at any time in the period beginning with—
(a) 1 April 1974, or
(b) if later, the date on which the council was created.
(3) A resolution under this section is referred to in this Chapter as a “resolution for elections by halves”.
38 Resolution for elections by halves: requirements
(1) A council must comply with this section in passing a resolution for elections by halves.
(2) The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.
(3) The resolution must be passed—
(a) at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and
(b) by a majority of at least two thirds of the members voting on it.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A district council in England that—
(a) was formerly subject to a scheme for elections by thirds, but
(b) is for the time being subject to a scheme for whole-council elections,
may resolve that it is to revert to being subject to a scheme for elections by thirds.
(2) For the purposes of this section, a council that is subject to a scheme for whole-council elections was “formerly subject” to a scheme for elections by thirds if it was subject to such a scheme at any time in the period beginning with—
(a) 1 April 1974, or
(b) if later, the date on which the council was created.
(3) A resolution under this section is referred to in this Chapter as a “resolution for elections by thirds”.
40 Resolution for elections by thirds: requirements
(1) A council must comply with this section in passing a resolution for elections by thirds.
(2) The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.
(3) The resolution must be passed—
(a) at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and
(b) by a majority of at least two thirds of the members voting on it.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A council must comply with this section as soon as practicable after passing a resolution for elections by halves or a resolution for elections by thirds.
(2) The council must produce an explanatory document.
(3) The council must make the explanatory document—
(a) available for public inspection at the council's principal office at all reasonable times, and
(b) available to the public by such other means as the council thinks appropriate.
(4) The council must publicise these matters—
(a) that the council has resolved to become subject to the new electoral scheme;
(b) that the Local Government Boundary Commission is to make provision by order about the operation of, and transition to, the new electoral scheme;
(c) how the explanatory document is available in accordance with subsection (3);
(d) the address of the council's principal office.
(5) It is for the council to decide how these matters are to be publicised.
(6) An explanatory document is a document which sets out details of the new electoral scheme (so far as the details are known at the time the document is prepared).
(1) A council must comply with this section as soon as practicable after passing a resolution for elections by halves or a resolution for elections by thirds.
(2) The council must give the Local Government Boundary Commission notice that it has passed the resolution.
43 Local Government Boundary Commission to consider whether electoral review is necessary
(1) This section applies if the Local Government Boundary Commission receive notice under section 42 that a council has passed a resolution for elections by halves or a resolution for elections by thirds.
(2) As soon as practicable after receiving the notice, the Local Government Boundary Commission must consider whether to exercise its power under section 56(2) of the Local Democracy, Economic Development and Construction Act 2009 to conduct a review of the district in question (or any part of it).
(3) As soon as practicable after deciding whether or not to conduct such a review, the Local Government Boundary Commission must give the council notice of the decision.
44 Local Government Boundary Commission to make order for new electoral scheme
(1) Where the Local Government Boundary Commission receive notice under section 42 that a council has passed a resolution, they must—
(a) in the case of a resolution for elections by halves, make an order for elections by halves in relation to the council (see sections 45 and 46);
(b) in the case of a resolution for elections by thirds, make an order for elections by thirds in relation to the council (see sections 47 and 48).
(2) But the Local Government Boundary Commission must not make the order—
(a) before it has decided whether or not conduct an electoral review (see section 43(2)), and
(b) if it has decided to conduct such a review, before the review is concluded.
45 Order for elections by halves: years in which elections are to be held
(1) An order for elections by halves in relation to a council must secure that the ordinary elections of councillors of the council are held in years determined in accordance with this section.
(2) Ordinary elections of the councillors of the council are to be held in—
(a) the first relevant year after the year in which the Local Government Boundary Commission makes the order, and
(b) each subsequent year for elections by halves.
(3) In this section—
“relevant year” means 2011 and every fourth year afterwards;
“year for elections by halves” means 2012 and every second year afterwards.
46 Orders for elections by halves: councillors to be elected at ordinary elections
(1) An order for elections by halves in relation to a council must make provision for the election and retirement of councillors in accordance with this section.
(2) In the case of the ordinary elections held in the year determined in accordance with section 45(2)(a)—
(a) all of the councillors are to be elected;
(b) on the fourth day after the elections are held—
(i) the councillors elected in those elections are to come into office, and
(ii) all of the sitting councillors are to retire.
(3) In the case of ordinary elections held subsequently—
(a) one half (or as nearly as may be) of the councillors are to be elected;
(b) on the fourth day after the elections are held—
(i) the councillors elected in those elections are to come into office, and
(ii) the specified sitting councillors are to retire.
(4) The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying—
(a) the wards affected;
(b) the councillors affected within particular wards.
(5) In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.
47 Order for elections by thirds: years in which elections are to be held
(1) An order for elections by thirds in relation to a council must secure that the ordinary elections of councillors of the council are held in years determined in accordance with this section.
(2) Ordinary elections of the councillors of the council are to be held in—
(a) the first relevant year after the year in which the Local Government Boundary Commission makes the order, and
(b) each subsequent year, unless it is a fallow year.
(3) In this section—
“fallow year” means 2013 and every fourth year afterwards;
“relevant year” means—
in relation to a metropolitan district council: 2014 and every fourth year afterwards;
in relation to a non-metropolitan district council: 2011 and every fourth year afterwards.
48 Order for elections by thirds: councillors to be elected at ordinary elections
(1) An order for elections by thirds in relation to a council must make provision for the election and retirement of councillors in accordance with this section.
(2) In the case of the ordinary elections held in the year determined in accordance with section 47(2)(a)—
(a) all of the councillors are to be elected;
(b) on the fourth day after the elections are held—
(i) the councillors elected in those elections are to come into office, and
(ii) all of the sitting councillors are to retire.
(3) In the case of ordinary elections held subsequently—
(a) one third (or as nearly as may be) of the councillors are to be elected;
(b) on the fourth day after the elections are held—
(i) the councillors elected in those elections are to come into office, and
(ii) the specified sitting councillors are to retire.
(4) The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying—
(a) the wards affected;
(b) the councillors affected within particular wards.
(5) In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.
49 Order for elections by halves or elections by thirds: transitional provision
(1) An order under section 44 (order for elections by halves or for elections by thirds) may include provision about the transition to the council's new electoral scheme.
(2) Provision made by virtue of this section may, in particular, include provision for the retirement of some councillors after their initial election at times different from those otherwise applying, and for identifying which of them are so to retire.
50 Power of Local Government Boundary Commission to make incidental etc provision
The Local Government Boundary Commission may by order make incidental, consequential, transitional or supplemental provision in connection with provision made by order under section 44 (order for elections by halves or for elections by thirds).
51 Position if Local Government Boundary Commission act under existing powers
In a case in which—
(a) the Local Government Boundary Commission decides to conduct an electoral review (see section 43(2)), and
(b) pursuant to that review the Commission makes recommendations for electoral changes,
nothing in this Chapter requires the Commission to make any provision in relation to matters dealt with, or to be dealt with, by the Commission in an order under section 59 of the Local Democracy, Economic Development and Construction Act 2009 giving effect to those recommendations.
52 Publicity for order by Local Government Boundary Commission
(1) A council must comply with this section as soon as practicable after the Local Government Boundary Commission has made an order under section 44 (order for elections by halves or for elections by thirds) in relation to it.
(2) The council must produce an explanatory document.
(3) The council must make the explanatory document—
(a) available for public inspection at the council's principal office at all reasonable times, and
(b) available to the public by such other means as the council thinks appropriate.
(4) The council must publicise these matters—
(a) that the council has become subject to the new electoral scheme;
(b) how the explanatory document is available in accordance with subsection (3);
(c) the address of the council's principal office.
(5) It is for the council to decide how these matters are to be publicised.
(6) An explanatory document is a document which sets out details of the new electoral scheme.
53 Power of council to alter years of ordinary elections of parish councillors
(1) This section applies if a council passes a resolution under this Chapter.
(2) The council may by order make provision that changes the years in which the ordinary elections of parish councillors for any parish situated in the council's area are to be held.
(3) The power may only be exercised so as to secure that those elections are to be held in years in which ordinary elections of district councillors for a ward in which any part of the parish is situated are to be held.
(4) The order may include transitional provision—
(a) for the retirement of existing parish councillors at times different from those otherwise applying;
(b) for the retirement of some parish councillors after their initial election after the order comes into force at times different from those otherwise applying.
54 Amendment of existing provisions about schemes for ordinary elections
(1) In section 7 of the Local Government Act 1972 (c. 70) (elections of councillors) omit subsections (4) to (6).
(2) In section 8 of the Local Government Act 1972 (constitution and membership of London borough councils), omit subsections (2) and (3).
(3) In section 86 of the Local Government Act 2000 (c. 22) (power to specify scheme for elections)—
(a) before subsection (1) insert—
(A1) The Secretary of State may by order make provision to secure that the scheme for the ordinary elections of councillors of any specified council in England is the scheme under the first option set out in section 85.
;
(b) in subsection (1) after “specified council” insert “ in Wales ”.
(4) If—
(a) a local authority makes a request under section 7(4) of the Local Government Act 1972, and
(b) immediately before subsection (1) above comes into force in relation to that authority, the request has not yet been dealt with,
the repeal of section 7(4) to (6) of the 1972 Act does not apply to the request unless, and until, it is dealt with.
(5) For the purposes of subsection (4) a request under section 7(4) of the 1972 Act is “dealt with” in either of these cases—
(a) if the Secretary of State notifies the local authority that he has decided not to make an order under section 7(6) of the 1972 Act in response to the request;
(b) if the Secretary of State makes an order under section 7(6) in response to the request.
(6) The repeal of section 7(6) or 8(2) of the Local Government Act 1972 or of section 86(1) of the Local Government Act 2000 (so far as it relates to England) does not affect any order made under that provision before its repeal.
(1) Section 6 of the Local Government Act 1972 (c. 70) (term of office and retirement of councillors) is amended as follows.
(2) For subsection (2)(b) substitute—
(b) every metropolitan district shall be divided into wards, each returning such number of councillors as may be provided as mentioned in subsection (3) below;
.
(3) For subsection (3) substitute—
(3) The number of councillors referred to in subsection (2)(b) or (c) above may be provided—
(a) under or by virtue of the provisions of section 7 below;
(b) by an order under Part 2 of the Local Government Act 1992 (c. 19);
(c) by an order under section 14 of the Local Government and Rating Act 1997 (c. 29);
(d) by an order under Part 1 of the Local Government and Public Involvement in Health Act 2007.
(1) A local authority may, by resolution, change the name of any of the authority's electoral areas.
(2) A local authority must comply with subsections (3) to (5) in passing a resolution to change the name of an electoral area.
(3) The local authority must not pass the resolution unless it has taken reasonable steps to consult such persons as it considers appropriate on the proposed name.
(4) The resolution must be passed—
(a) at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and
(b) by a majority of at least two thirds of the members voting on it.
(5) If the name of the electoral area is protected, the resolution may not be passed unless the Local Government Boundary Commission has first agreed to the proposed change.
(6) As soon as practicable after a resolution is passed, the local authority must give notice of the change of name to all of the following—
(a) the Local Government Boundary Commission;
(b) the Boundary Commission for England;
(c) the Office of National Statistics;
(d) the Director General of the Ordnance Survey;
(e) if the local authority is a county council, the district council (if any) within whose area the electoral area lies;
(f) if the local authority is a district council, the county council (if any) within whose area the electoral area lies.
(7) The change of name does not take effect until the Local Government Boundary Commission have been given notice of the change.
(8) For the purposes of this section the name of an electoral area is “protected” if—
(a) the name was given to the electoral area by or in pursuance of an order under section 17 of the Local Government Act 1992 (c. 19), section 59 of the Local Democracy, Economic Development and Construction Act 2009 or section 14 of the Local Government and Rating Act 1997 (c. 29), and
(b) that order was made during the period of five years ending with the day on which a resolution to change the name is to be passed.
(9) In subsection (4) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.
(10) In this section—
“electoral area”, in relation to a local authority, means any area for which councillors are elected to the authority;
“local authority” means—
a county council in England;
a district council in England; or
a London borough council.
60 Power to change date of local elections to date of European Parliamentary general election
(1) In section 37 of the Representation of the People Act 1983 (c. 2) (ordinary days of local elections in England and Wales), after subsection (2) insert—
(2A) Subsection (1) is subject to any order under—
(a) section 37A (local government areas in England), or
(b) section 37B (local government areas in Wales).
(2) After that section insert—
Power to change date of local elections to date of European Parliamentary general election: England
37A (1) The Secretary of State may by order provide that in a year in which a European Parliamentary general election is to be held—
(a) the ordinary day of election of councillors for counties in England, districts and London boroughs,
(b) the ordinary day of election of councillors for parishes, and
(c) as respects Authority elections, the day on which the poll is to be held at an ordinary election,
shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.
(2) An order under subsection (1) may make provision under all of paragraphs (a) to (c) or under one or more of those paragraphs.
(3) An order under subsection (1) must relate to a single year and must be made at least six months before—
(a) the local election day in that year, or
(b) if earlier, the date of the poll at the European Parliamentary general election in that year.
(4) For this purpose “the local election day” in a particular year is—
(a) the first Thursday in May, or
(b) if an order has been made under section 37(1)(b) (power to change date of council and Assembly elections) in relation to that year, the day specified in the order.
(5) Before making an order under this section, the Secretary of State must consult—
(a) the Electoral Commission, and
(b) such other persons as he considers appropriate.
(6) An order under subsection (1) may make incidental, supplementary or consequential provision or savings.
(7) Where the Welsh Ministers make an order under section 37B, the Secretary of State may by order make such consequential provision in relation to elections in England as he thinks fit.
(8) The powers under subsections (6) and (7) include power to make—
(a) different provision for different purposes;
(b) provision disapplying or modifying the application of an enactment or an instrument made under an enactment.
(9) An order under this section must be made by statutory instrument.
(10) A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Power to change date of local elections to date of European Parliamentary general election: Wales
37B (1) The Welsh Ministers may by order provide that, in a year in which a European Parliamentary general election is to be held, the ordinary day of election of councillors for—
(a) counties in Wales and county boroughs, and
(b) communities,
shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.
(2) An order under subsection (1) may make provision under paragraphs (a) and (b) or under one of those paragraphs.
(3) An order under subsection (1) must relate to a single year and must be made at least six months before—
(a) the local election day in that year, or
(b) if earlier, the date of the poll at the European Parliamentary general election in that year.
(4) For this purpose “the local election day” in a particular year is—
(a) the first Thursday in May, or
(b) if an order has been made under section 37(1)(b) (power to change date of council and Assembly elections) in relation to that year, the day specified in the order.
(5) Before making an order under this section, the Welsh Ministers must consult—
(a) the Electoral Commission, and
(b) such other persons as they consider appropriate.
(6) An order under subsection (1) may make incidental, supplementary or consequential provision or savings.
(7) Where the Secretary of State makes an order under section 37A, the Welsh Ministers may by order make such consequential provision in relation to elections in Wales as they think fit.
(8) The powers under subsections (6) and (7) include power to make—
(a) different provision for different purposes;
(b) provision disapplying or modifying the application of an enactment or an instrument made under an enactment.
(9) An order under this section must be made by statutory instrument.
(10) A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.
(3) In section 3 of the Greater London Authority Act 1999 (c. 29) (time of ordinary elections), in subsection (3), after “section 37(2)” insert “ or 37A ”.
(1) Section 11 of the Local Government Act 2000 (c. 22) is amended in accordance with this section.
(2) For subsection (1) substitute—
(1) The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.
(3) In subsection (2) for the words before paragraph (a) substitute—
(2) In the case of any local authority in England or Wales, the executive may consist of—
.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In subsection (3)—
(a) for the words before paragraph (a) substitute—
(3) In the case of any local authority in Wales, the executive may consist of—
;
(b) in the words after paragraph (b)(ii), for “leader and cabinet executive” substitute “ leader and cabinet executive (Wales) ”.
(6) In subsection (4) for the words before paragraph (a) substitute—
(4) In the case of any local authority in Wales, the executive may consist of—
.
(7) In subsection (5) for “It” substitute “ In the case of a local authority in England or Wales, the executive ”.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) In subsection (10) for “subsection (3)(a)” substitute “ subsection (2A)(a) or (3)(a) ”.
(1) The Local Government Act 2000 (c. 22) is amended as follows.
(2) For the title of section 14 substitute “ Discharge of functions: general ”.
(3) For section 14(1) substitute—
(1) Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of—
(a) a mayor and cabinet executive, or
(b) a leader and cabinet executive (England),
are to be discharged in accordance with this section.
(4) In section 14(2) and (3) for “elected mayor” substitute “ senior executive member ”.
(5) In section 14(4)—
(a) for “elected mayor” substitute “ senior executive member ”;
(b) for “that member” substitute “ the member who may discharge the function ”.
(6) In section 14(5) for “elected mayor” substitute “ senior executive member ”.
(7) In section 14(6)—
(a) for “an elected mayor” substitute “ a senior executive member ”;
(b) for “the elected mayor” substitute “ the senior executive member ”.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) In section 15—
(a) for the title substitute “ Discharge of functions: leader and cabinet executive (Wales) ”;
(b) in subsection (1) for “leader and cabinet executive” substitute “ leader and cabinet executive (Wales) ”.
(1) Section 34 of the Local Government Act 2000 (c. 22) (referendum following petition) is amended in accordance with subsections (2) to (4).
(2) In subsection (1) for the words from “operate” to the end substitute “ operate a relevant form of executive ”.
(3) After subsection (1) insert—
(1A) In this section “relevant form of executive” means—
(a) in relation to England, an executive which takes such form permitted by or under section 11 as may be specified in the regulations;
(b) in relation to Wales, executive arrangements involving a form of executive for which a referendum is required.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Section 39 of the Local Government Act 2000 (elected mayors etc) is amended as follows.
(2) For subsection (5) substitute—
(5A) A reference in any enactment (whenever passed or made) to—
(a) a member of a local authority, or
(b) a councillor of a local authority,
does not include a reference to an elected mayor of the authority.
(5B) But subsection (5A) is subject to—
(a) regulations made by the Secretary of State under this paragraph which provide that an elected mayor is to be treated as member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and
(b) any other contrary intention that appears in any enactment (whenever passed or made).
(5C) Sections 2(2A) and 21(1A) of, and paragraph 5C(1) of Schedule 2 to, the Local Government Act 1972 are not to be taken to indicate any contrary intention for the purposes of subsection (5B)(b).
(3) For subsection (6) substitute—
(6) Elections for the return of an elected mayor of a local authority in England are to take place on the ordinary day of election in each of the relevant election years.
(7) The term of office of an elected mayor of a local authority is to be four years.
(8) This section is subject to regulations under section 41.
68 Power to make incidental, consequential provision etc
(1) Section 47 of the Local Government Act 2000 (power to make incidental, consequential provision etc) is amended as follows.
(2) After subsection (3) insert—
(4) The provision which may be made under subsection (1) includes provision relating to changes in local authority governance arrangements (including changes of the kinds set out in sections 33A to 33D).
(5) That includes—
(a) provision relating to the old governance arrangements, the new governance arrangements, or both kinds of governance arrangements,
(b) provision as to the dates on which and years in which relevant elections may or must be held,
(c) provision as to the intervals between relevant elections, and
(d) provision as to the term of office of any member of any form of executive.
(6) In subsection (5) “relevant election” means—
(a) an election for the return of an elected mayor;
(b) the election by a local authority of the executive leader of a leader and cabinet executive (England).
(7) Nothing in subsection (2), (3), (4) or (5) affects the generality of the power in subsection (1).
(1) Section 45 of the Local Government Act 2000 (c. 22) (provision with respect to referendums) is amended as follows.
(2) For subsection (1) substitute—
(1) A local authority—
(a) in England may not hold more than one referendum in any period of ten years;
(b) in Wales may not hold more than one referendum in any period of five years.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Section 45 as amended by subsection (1) applies to referendums held before, and referendums held after, this section comes into force.
71 Larger authorities to cease operating alternative arrangements
(1) This section applies to a local authority if—
(a) the authority is operating alternative arrangements, and
(b) the resident population of the authority's area on 30th June 1999 was 85,000 or more.
(2) The local authority must draw up proposals for—
(a) ceasing to operate alternative arrangements, and
(b) starting to operate executive arrangements which provide for a leader and cabinet executive (England).
(3) The proposals must include all of the following—
(a) a statement of the extent to which the functions specified in regulations under section 13(3)(b) of the Local Government Act 2000 are to be the responsibility of the leader and cabinet executive (England);
(b) a timetable with respect to the implementation of the proposals;
(c) details of any transitional arrangements which are necessary for the implementation of the proposals.
(4) The timetable must be such as to ensure that the local authority will make the proposed move to executive arrangements no later than the day of the authority's annual meeting in 2009.
(5) After drawing up the proposals, the local authority must—
(a) secure 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 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 their 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 principal office.
(6) A resolution of the local authority is required in order for the authority to adopt the proposed leader and cabinet executive (England).
(7) Section 29(2) of the Local Government Act 2000 (c. 22) applies to a resolution under subsection (6) as it applied to a resolution to operate executive arrangements.
(8) If the local authority passes the resolution under subsection (6), the authority must make the move to the proposed leader and cabinet executive (England) in accordance with the timetable in the proposals.
(9) Executive arrangements which come into operation in accordance with this section are to be treated as being operated after the passing of a resolution of the local authority under section 33F of the Local Government Act 2000.
(10) In complying with this section, the local authority must comply with any directions given by the Secretary of State in connection with this section.
(11) For the purposes of this section the resident population of any area on 30th June 1999 is to be taken to be the Registrar General's estimate of that population on that date.
72 Failure to cease operating alternative arrangements
(1) This section applies if—
(a) section 71 applies to a local authority, and
(b) it appears to the Secretary of State that the local authority will fail to start to operate a leader and cabinet executive (England) by the day of the authority's annual meeting in 2009.
(2) The Secretary of State may by order specify executive arrangements for the local authority which provide for a leader and cabinet executive (England).
(3) The leader and cabinet executive (England) which is provided for under subsection (2) shall come into operation on the day of the local authority's annual meeting in 2009.
(4) Arrangements which the Secretary of State specifies under subsection (2) are to be treated as having been made by the local authority itself.
(5) Arrangements which come into operation in accordance with subsection (3) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the Local Government Act 2000 (c. 22).
(6) As soon as practicable after executive arrangements are specified under subsection (2), the local authority must comply with the following provisions of the Local Government Act 2000—
(a) section 29(2)(a);
(b) section 29(2)(b)(ii) to (v).
(1) Section 33C of the Local Government Act 2000 does not apply to a local authority to which section 71 applies.
(2) Section 33I(1) of the Local Government Act 2000 is subject to sections 71 and 72.
(3) Subsection (4) applies to a local authority which—
(a) starts to operate a leader and cabinet executive (England) in accordance with section 71 or 72, and
(b) draws up proposals for a change in those governance arrangements of the kind set out in section 33A of the Local Government Act 2000 (new form of executive).
(4) For the purposes of section 33L of the Local Government Act 2000, the first permitted resolution period is to be the period which—
(a) starts with 1 October 2010, and
(b) ends with 31 December 2010;
(rather than the other period ending with 31 December 2010 that is specified in the table in section 33O(5) of the Local Government Act 2000).
(5) Expressions used in section 71 or 72 that are also used in Part 2 of the Local Government Act 2000 have the same meanings in that section as in that Part.
(1) The Local Government Act 1972 (c. 70) is amended as follows.
(2) After section 11 insert—
Grouping: alternative styles
11A (1) An order under section 11(1) which forms a new group may make the provision set out in subsection (3).
(2) But the order must make that provision in either of these cases—
(a) if at least one of the parishes which is to be grouped does not have an alternative style, and at least one of them does have an alternative style;
(b) if at least one of the parishes which is to be grouped has an alternative style, and at least one of them has a different alternative style.
(3) The provision referred to in subsections (1) and (2) is—
(a) provision that each of the parishes in the group shall have an alternative style, or
(b) provision that each of the parishes in the group which has an alternative style shall cease to have an alternative style.
(4) Provision made by virtue of subsection (3)(a)—
(a) must provide for each of the parishes to have the same alternative style;
(b) may provide for each of the parishes to have an alternative style which any of them already has;
(c) has the effect that each parish in the new group shall cease to have any different alternative style which it had before the provision was made.
(5) An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (6) if—
(a) the parishes in the group do not have an alternative style, and
(b) at least one of the parishes which is to be added has an alternative style.
(6) The provision referred to in subsection (5) is provision that each added parish which has an alternative style shall cease to have an alternative style.
(7) An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (8) if—
(a) the parishes in the group have an alternative style, and
(b) at least one of the parishes which is to be added—
(i) has a different alternative style, or
(ii) does not have any of the alternative styles.
(8) The provision referred to in subsection (7) is provision that each added parish shall (if it does not already have the style) have the same alternative style as the parishes already in the group.
(9) If an order makes provision under subsection (1) or (2) for parishes to have an alternative style, the group shall have the appropriate one of the following styles—
(a) “group of communities”;
(b) “group of neighbourhoods”;
(c) “group of villages”.
(10) As soon as practicable after making an order which includes any provision under this section, the council which makes the order must give notice of the change of style to all of the following—
(a) the Secretary of State;
(b) the Electoral Commission;
(c) the Office of National Statistics;
(d) the Director General of the Ordnance Survey;
(e) any district council or county council within whose area the parish lies.
De-grouping: alternative styles
11B (1) This section applies if—
(a) the parishes in a group of parishes have an alternative style, and
(b) an order under section 11(4) dissolves the group or separates one or more parishes from the group.
(2) The order under section 11(4) must provide for each de-grouped parish to continue to have the alternative style.
(3) In subsection (2) “de-grouped parish” means—
(a) in the case of dissolution of the group, each parish in the group;
(b) in the case of separation of one or more parishes from the group, each parish that is separated.
(3) After section 12 insert—
Parishes: alternative styles
12A (1) This section applies to a parish which is not grouped with any other parish.
(2) The appropriate parish authority may resolve that the parish shall have one of the alternative styles.
(3) If the parish has an alternative style, the appropriate parish authority may resolve that the parish shall cease to have that style.
(4) A single resolution may provide for a parish—
(a) to cease to have an alternative style, and
(b) to have another of the alternative styles instead.
(5) As soon as practicable after passing a resolution under this section, the appropriate parish authority must give notice of the change of style to all of the following—
(a) the Secretary of State;
(b) the Electoral Commission;
(c) the Office of National Statistics;
(d) the Director General of the Ordnance Survey;
(e) any district council, county council or London borough council within whose area the parish lies.
(6) In this section “appropriate parish authority” means—
(a) the parish council, or
(b) if the parish does not have a parish council, the parish meeting.
Groups of parishes: alternative styles
12B (1) This section applies to a group of parishes.
(2) The common parish council of the group may resolve that each of the grouped parishes shall have the same alternative style.
(3) If each of the grouped parishes has an alternative style, the common parish council of the group may resolve that each of the grouped parishes shall cease to have that style.
(4) A single resolution may provide for each of the grouped parishes—
(a) to cease to have an alternative style, and
(b) to have the same one of the other alternative styles instead.
(5) If the common parish council passes a resolution under this section for each of the grouped parishes to have an alternative style, the group of parishes shall have the appropriate one of the following styles—
(a) “group of communities”;
(b) “group of neighbourhoods”;
(c) “group of villages”.
(6) As soon as practicable after passing a resolution under this section, the common parish council of a group must give notice of the change of style to all of the following—
(a) the Secretary of State;
(b) the Electoral Commission;
(c) the Office of National Statistics;
(d) the Director General of the Ordnance Survey;
(e) any district council, county council or London borough council within whose area the group lies.
(4) In section 13 (constitution of parish meeting etc) after subsection (5) insert—
(5A) If the parish has the style of community—
(a) the parish meeting shall have the style of “community meeting”;
(b) the parish trustees shall be known by the name of “The Community Trustees” with the addition of the name of the community.
(5B) If the parish has the style of neighbourhood—
(a) the parish meeting shall have the style of “neighbourhood meeting”;
(b) the parish trustees shall be known by the name of “The Neighbourhood Trustees” with the addition of the name of the neighbourhood.
(5C) If the parish has the style of village—
(a) the parish meeting shall have the style of “village meeting”;
(b) the parish trustees shall be known by the name of “The Village Trustees” with the addition of the name of the village.
(5) In section 14 (constitution and powers of parish council), after subsection (2) insert—
(2A) If the parish has the style of community, the council shall be known by the name “The Community Council” with the addition of the name of the community.
(2B) If the parish has the style of neighbourhood, the council shall be known by the name “The Neighbourhood Council” with the addition of the name of the neighbourhood.
(2C) If the parish has the style of village, the council shall be known by the name “The Village Council” with the addition of the name of the village.
(2D) If parishes are grouped under a common parish council—
(a) subsection (2), (2A), (2B) or (2C) (as appropriate) applies to that council as the subsection would apply in the case of the council of an individual parish; but
(b) the names of all of the parishes, communities, neighbourhoods or villages in the group are to be included in the name of the common council.
(6) In section 15 (chairman and vice-chairman of parish council or meeting), after subsection (10) insert—
(11) If the parish has the style of community, the chairman and vice-chairman shall (respectively) have the style—
(a) “chairman of the community council”;
(b) “vice-chairman of the community council”.
(12) If the parish has the style of neighbourhood, the chairman and vice-chairman shall (respectively) have the style—
(a) “chairman of the neighbourhood council”;
(b) “vice-chairman of the neighbourhood council”.
(13) If the parish has the style of village, the chairman and vice-chairman shall (respectively) have the style—
(a) “chairman of the village council”;
(b) “vice-chairman of the village council”.
(14) If parishes which have an alternative style are grouped under a common parish council, subsection (11), (12) or (13) (as appropriate) applies to the chairman and vice-chairman of that council as the subsection would apply in the case of the council of an individual parish.
(7) In section 16 (parish councillors), after subsection (5) insert—
(6) If the parish has the style of community, the councillors shall have the style of “councillors of the community council”.
(7) If the parish has the style of neighbourhood, the councillors shall have the style of “councillors of the neighbourhood council”.
(8) If the parish has the style of village, the councillors shall have the style of “councillors of the village council”.
(9) If parishes which have an alternative style are grouped under a common parish council, subsection (6), (7) or (8) (as appropriate) applies to the councillors of that council as the subsection would apply in the case of the council of an individual parish.
(8) Before section 18 (and the cross-heading preceding it) insert—
Alternative styles: supplementary
17A (1) This section applies for the purposes of sections 9 to 16A.
(2) “Alternative style” means one of the following styles—
(a) “community”;
(b) “neighbourhood”;
(c) “village”.
(3) References to a parish having an alternative style, or a particular alternative style, are references to the parish having that style by virtue of—
(a) a relevant order, or
(b) a resolution under section 12A or 12B.
(4) The provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style are subject to any resolution under section 12A or 12B relating to that parish.
(5) A resolution under section 12A or 12B relating to a parish is subject to any provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style.
(6) A parish shall cease to have an alternative style if the parish begins to have the status of a town by virtue of section 245(6).
(7) In this section “relevant order” means an order under—
(a) section 11 of this Act, or
(b) section 86 of the Local Government and Public Involvement in Health Act 2007.
(1) The Local Government Act 1972 (c. 70) is amended as follows.
(2) In section 15 (chairman and vice-chairman of parish council)—
(a) in subsection (1) after “from among the” insert “ elected ”;
(b) in subsection (6) for “a member” substitute “ one of the elected members ”.
(3) In section 16 (parish councillors), in subsection (1) after “number of” insert “ elected ”.
(4) After section 16 insert—
Appointed councillors
16A (1) A parish council may appoint persons to be councillors of the council.
(2) The Secretary of State may by regulations make provision about—
(a) the appointment of persons under this section;
(b) the holding of office after appointment under this section.
(3) The regulations may, in particular, make provision about any of the following matters—
(a) persons who may be appointed;
(b) the number of persons who may be appointed;
(c) the term of office of persons appointed;
(d) the right of persons appointed to participate in decision-making by the council (including voting);
(e) purposes for which a person appointed is to be treated as an elected councillor;
(f) the filling of vacancies.
(4) In exercising a function under or by virtue of this section a parish council must have regard to any guidance issued by the Secretary of State about the exercise of that function.
(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.