SCHEDULES

Section 9GB

[F1SCHEDULE A1U.K.Executive arrangements in England: further provision

Mayor and cabinet executivesU.K.

1(1)This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and cabinet executive.U.K.

(2)Subject to section 9C(5), the executive arrangements must include provision which enables the elected mayor to determine the number of councillors who may be appointed to the executive under section 9C(2)(b).

(3)The executive arrangements must include provision which requires the elected mayor to appoint one of the members of the executive to be the elected mayor's deputy (referred to in this paragraph as the deputy mayor).

(4)Subject to sub-paragraph (5), the person who is appointed deputy mayor, unless the person resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.

(5)The elected mayor may, if the elected mayor thinks fit, remove the deputy mayor from office.

(6)Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person to be deputy mayor.

(7)If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in the elected mayor's place.

(8)If for any reason—

(a)the elected mayor is unable to act or the office of elected mayor is vacant, and

(b)the deputy mayor is unable to act or the office of deputy mayor is vacant,

the executive must act in the elected mayor's place or must arrange for a member of the executive to act in the elected mayor's place.

Leader and cabinet executives (England)U.K.

2(1)This paragraph applies in relation to executive arrangements by a local authority which provide for a leader and cabinet executive (England).U.K.

(2)Subject to section 9C(5), the executive arrangements must include provision which enables the executive leader to determine the number of councillors who may be appointed to the executive under section 9C(3)(b).

(3)The executive arrangements must include provision which requires the executive leader to appoint one of the members of the executive to be the executive leader's deputy (referred to in this paragraph as the deputy executive leader).

(4)Subject to sub-paragraph (5), the person who is appointed deputy executive leader, unless the person resigns as deputy executive leader or ceases to be a member of the authority, is to hold office until the end of any term of office of the executive leader (where the executive arrangements provide for such a term).

(5)The executive leader may, if the executive leader thinks fit, remove the deputy executive leader from office.

(6)Where a vacancy occurs in the office of deputy executive leader, the executive leader must appoint another person to be deputy executive leader.

(7)If for any reason the executive leader is unable to act or the office of executive leader is vacant, the deputy executive leader must act in the executive leader's place.

(8)If for any reason—

(a)the executive leader is unable to act or the office of executive leader is vacant, and

(b)the deputy executive leader is unable to act or the office of deputy executive leader is vacant,

the executive must act in the executive leader's place or must arrange for a member of the executive to act in the executive leader's place.

ProcedureU.K.

3U.K.Executive arrangements by a local authority may include provision with respect to—

(a)the quorum, proceedings and location of meetings of the executive,

(b)the appointment of committees of the executive, and

(c)the quorum, proceedings and location of meetings of committees of the executive.

Meetings of executives and executive committeesU.K.

4U.K.A member of a local authority who is not a member of the authority's executive is entitled to attend, and speak at, a meeting of the executive, or of a committee of the executive, which is held in private only if invited to do so.

[F2Attendance of police and crime commissioner at meetingsU.K.

4A(1)A relevant police and crime commissioner may attend, speak at and vote at—U.K.

(a)a meeting of an executive of a local authority which is a fire and rescue authority, or

(b)a meeting of a committee of such an executive.

(2)Sub-paragraph (1) applies—

(a)only if and to the extent that the business of the meeting relates to the functions of the authority as a fire and rescue authority, and

(b)only if the executive has consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so.

(3)If a request under sub-paragraph (2)(b) is made to an executive of a local authority, the executive must—

(a)consider the request,

(b)give reasons for its decision to agree to or refuse the request, and

(c)publish those reasons in such manner as it thinks appropriate.

(4)In this paragraph “relevant police and crime commissioner” means a police and crime commissioner—

(a)whose area is the same as, or contains all of, the area of the local authority, or

(b)all or part of whose area falls within the area of the local authority.]

Mayor's assistantU.K.

5(1)The Secretary of State may by regulations make provision for or in connection with the appointment of a person (an “assistant”) to provide assistance to an elected mayor.U.K.

(2)Regulations under this paragraph may, in particular, include provision with respect to the terms and conditions of appointment of an assistant.

Overview and scrutiny committees: education functionsU.K.

6(1)In paragraphs 7 and 8 “relevant authority” means a local authority which has education functions.U.K.

(2)Paragraphs 7 and 8 apply to an overview and scrutiny committee of a relevant authority if the committee's functions under section 9F relate wholly or partly to any education functions which are the responsibility of the authority's executive.

(3)Paragraph 7 and 8 also apply to a sub-committee of an overview and scrutiny committee of a relevant authority if the sub-committee's functions under section 9FA relate wholly or partly to any education functions which are the responsibility of the authority's executive.

7(1)In the case of a relevant authority that maintains one or more Church of England schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.U.K.

(2)A person is a qualifying person for the purposes of sub-paragraph (1) if the person is nominated by the Diocesan Board of Education for any Church of England diocese which falls wholly or partly in the authority concerned's area.

(3)In the case of a relevant authority that maintains one or more Roman Catholic Church schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.

(4)A person is a qualifying person for the purposes of sub-paragraph (3) if the person is nominated by the bishop of any Roman Catholic diocese which falls wholly or partly in the authority concerned's area.

(5)A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (1) or (3) is to be entitled to vote at a meeting of the committee or sub-committee on any question—

(a)which relates to any education functions which are the responsibility of the authority concerned's executive, and

(b)which falls to be decided at the meeting.

(6)The Secretary of State may by directions to a relevant authority require any of the authority's overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for the foundation or voluntary schools maintained by the authority which are not Church of England schools or Roman Catholic Church schools but which are specified in the directions.

(7)Directions under sub-paragraph (6) may make provision with respect to the voting rights of persons appointed in accordance with such directions.

8(1)The Secretary of State may by regulations require an overview and scrutiny committee or sub-committee to which this paragraph applies to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools which are maintained by the relevant authority concerned.U.K.

(2)Regulations under this paragraph may make provision for—

(a)the number of persons who are to be elected in the case of any relevant authority,

(b)the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election,

(c)the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected,

(d)the term of office of persons so elected and their voting rights,

(e)the application to any such committee or sub-committee, with or without any modification, of any enactment (whenever passed or made) relating to committees or (as the case may be) sub-committees of a local authority,

(f)such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.

(3)Regulations under this paragraph may also make provision—

(a)enabling the Secretary of State to determine, where the Secretary of State considers it expedient to do so in view of the small number of maintained schools which are maintained by a relevant authority, that the requirement imposed on the committee or sub-committee by virtue of sub-paragraph (1) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools,

(b)for any regulations under this paragraph to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.

9U.K.The following provisions of the Education Act 1996, namely—

(a)section 496 (powers of Secretary of State to require duties under that Act to be exercised reasonably), and

(b)section 497 (powers of Secretary of State where local authorities etc are in default),

are to apply to the performance of any duty imposed on a local authority by virtue of paragraphs 6 to 8 as they apply to the performance by a local authority of a duty imposed by that Act.

10(1)Except for the expression “local authority”, expressions used in paragraphs 6 to 9 and the School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act.U.K.

(2)In paragraphs 6 and 7 “education functions” has the meaning given by section 579(1) of the Education Act 1996.

Overview and scrutiny committees: voting rights of co-opted membersU.K.

11(1)A local authority may permit a co-opted member of an overview and scrutiny committee of the authority to vote at meetings of the committee.U.K.

(2)Permission under sub-paragraph (1) may only be given in accordance with a scheme made by the local authority.

(3)A scheme for the purposes of this paragraph may include—

(a)provision for a maximum or minimum in relation to the number of co-opted members of an overview and scrutiny committee entitled to vote at meetings of the committee, and

(b)provision for giving effect to any maximum or minimum established under paragraph (a).

(4)The power to make a scheme for the purposes of this paragraph includes power to vary or revoke such a scheme.

(5)In this paragraph, references to a co-opted member, in relation to an overview and scrutiny committee of a local authority, are to a member of the committee who is not a member of the authority.

12(1)The Secretary of State may by regulations make provision about the exercise of the powers under paragraph 11.U.K.

(2)Regulations under sub-paragraph (1) may, in particular, require schemes for the purposes of paragraph 11 (“voting rights schemes”)—

(a)to provide for permission to be given only by means of approving a proposal by the committee concerned;

(b)to provide for a proposal for the purposes of the scheme (“a scheme proposal”) to specify—

(i)the person to whom the proposal relates,

(ii)the questions on which it is proposed the person should be entitled to vote, and

(iii)the proposed duration of the person's entitlement to vote,

and to include such other provision about the form and content of such a proposal as the regulations may provide;

(c)to provide for a scheme proposal to be made only in accordance with a published statement of the policy of the committee concerned about the making of such proposals;

(d)to include such provision about the procedure to be followed in relation to the approval of scheme proposals as the regulations may provide.

(3)Regulations under sub-paragraph (1) may include provision for the notification to the Secretary of State by local authorities of the making, variation or revocation of voting rights schemes.

(4)The Secretary of State may by direction require a local authority to vary a voting rights scheme.

13(1)A local authority which makes a scheme for the purposes of paragraph 11 must, while the scheme is in force, make copies of it available at its principal office at all reasonable hours for inspection by members of the public.U.K.

(2)If a local authority makes a scheme for the purposes of paragraph 11, or varies or revokes such a scheme, it must as soon as reasonably practicable after doing so publish in one or more newspapers circulating in its area a notice which complies with this paragraph.

(3)In the case of the making of a scheme, the notice under sub-paragraph (2) must—

(a)record the making of the scheme,

(b)describe what it does,

(c)state that copies of it are available for inspection at the principal office of the local authority, and

(d)specify—

(i)the address of that office, and

(ii)the times when the scheme is available for inspection there.

(4)In the case of the variation of a scheme, the notice under sub-paragraph (2) must—

(a)record the variation,

(b)describe what it does,

(c)state that copies of the scheme as varied are available for inspection at the principal office of the local authority, and

(d)specify—

(i)the address of that office, and

(ii)the times when the scheme is available for inspection there.

(5)In the case of the revocation of a scheme, the notice under sub-paragraph (2) must record the revocation.]

Section 23.

SCHEDULE 1E+W Executive arrangements [F3in Wales]: further provision

Mayor and cabinet executivesE+W

1(1)This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and cabinet executive.E+W

(2)Subject to section 11(8) [F4and (8ZA)], the executive arrangements must include provision which enables the elected mayor to determine the number of councillors who may be appointed to the executive under section 11(2)(b).

(3)The executive arrangements must include provision which requires the elected mayor to appoint one of the members of the executive to be his deputy (referred to in this paragraph as the deputy mayor).

(4)Subject to sub-paragraph (5), the deputy mayor, unless he resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.

(5)The elected mayor may, if he thinks fit, remove the deputy mayor from office.

(6)Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person in his place.

(7)If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in his place.

(8)If for any reason—

(a)the elected mayor is unable to act or the office of elected mayor is vacant, and

(b)the deputy mayor is unable to act or the office of deputy mayor is vacant,

the executive must act in the elected mayor’s place or must arrange for a member of the executive to act in his place.

(9)[F5 The] deputy mayor is entitled to the style of “dirprwy faer”.

F6...E+W

F61AE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7Leader and cabinet executives (Wales)]E+W

2(1)This paragraph applies in relation to executive arrangements by a local authority which provide for a [F8leader and cabinet executive (Wales)].E+W

(2)The executive arrangements may include provision with respect to—

(a)the election and term of office of the executive leader, and

(b)the appointment and term of office of members of the executive appointed under section 11(3)(b)(ii).

[F9(2A)The executive arrangements must include provision under which two or more councillors may be elected by the authority to share office as executive leader; and references in any enactment to an executive leader include executive leaders elected by virtue of that provision.]

(3)Subject to section 11(8) [F10and (8ZA)], the executive arrangements must include provision which either—

(a)enables the authority to determine the number of councillors who may be appointed to the executive under section 11(3)(b), or

(b)enables the executive leader to determine the number of councillors who may be so appointed.

(4)Section 101 of the M1Local Government Act 1972 does not apply to the function of determining the number of councillors under [F11sub-paragraph (3)(a).]

[F12Appointment of councillors to executive to share the same positionE+W

2AE+WExecutive arrangements by a local authority must include provision under which two or more councillors may be appointed to the executive to share office.

Voting and quorum where members of executive share their positionE+W

2B(1)This paragraph applies where two or more councillors of a local authority are—E+W

(a)appointed to a mayor and cabinet executive to share office,

(b)appointed to a leader and cabinet executive (Wales) to share office, or

(c)elected to share office as executive leader of a leader and cabinet executive (Wales).

(2)The members of the executive who share the same office have between them one vote in respect of any matter on which they have a right to vote because they are a member of the executive.

(3)Where any meeting is attended by more than one of the members who share the same office and those members are attending in their capacity as a member of the executive, they together count only as one person for the purpose of determining whether the meeting is quorate.]

Mayor and council manager executivesE+W

3[F13(1)This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and council manager executive.E+W

(2)The executive arrangements may include provision with respect to the appointment and term of office of the council manager.

(3)The executive arrangements must include provision which requires the elected mayor to appoint a member of the authority to be his deputy (referred to in this paragraph as the deputy mayor).

(4)The deputy mayor may not be—

(a)the chairman or vice-chairman of the authority, nor

(b)a member of an overview and scrutiny committee of the authority.

(5)Subject to sub-paragraph (6), the deputy mayor, unless he resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.

(6)The elected mayor may, if he thinks fit, remove the deputy mayor from office.

(7)Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person in his place.

(8)If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in his place.

(9)If for any reason—

(a)the elected mayor is unable to act or the office of elected mayor is vacant, and

(b)the deputy mayor is unable to act or the office of deputy mayor is vacant,

the council manager must act in the elected mayor’s place.

(10)Subject to [F14sub-paragraphs (11) and (12A)], the council manager—

(a)is entitled to attend, and speak at, meetings of the authority or any committee or sub-committee of the authority, but

(b)is not entitled to vote at such meetings.

(11)The council manager is entitled to attend, and speak at, meetings of an overview and scrutiny committee or sub-committee of the authority only if invited or required to do so by the committee or sub-committee.

(12)The reference in sub-paragraph (10) to a committee or sub-committee of the authority includes a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.

[F15(12A)The council manager of a local authority is entitled to vote at a meeting of a joint committee, or sub-committee of such a committee, if—

(a)that joint committee or sub-committee has been appointed for the purpose of discharging functions which, as respects that local authority, are the responsibility of the executive of the local authority; and

(b)the council manager is a member of that joint committee or sub-committee.]

(13)The council manager—

(a)is to be regarded for the purposes of Part I of the M2Local Government and Housing Act 1989 as holding a politically restricted post under the authority,

(b)may not also be the person who under section 151 of the M3Local Government Act 1972 has responsibility for the administration of the financial affairs of the authority, and

(c)may not also be the person who is responsible for performing the duties of the authority’s monitoring officer under section 5 of the M4Local Government and Housing Act 1989.

(14)The executive arrangements may include provision for the appointment by the elected mayor of one or more committees to advise the executive.

(15)The membership of any such committee as is mentioned in sub-paragraph (14) need not be determined in accordance with the political balance requirements.

(16)In the case of a local authority in Wales, the deputy mayor is entitled to the style of “dirprwy faer”.]

[F16Assistants to the executiveE+W

3A(1)Executive arrangements by a local authority may make provision for councillors of the authority to be appointed to assist the executive in discharging functions which are the responsibility of the executive.E+W

(2)Such a councillor is referred to in this Schedule as an assistant to the executive of the authority.

(3)Assistants to the executive of an authority are to be appointed—

(a)in the case of an authority operating a mayor and cabinet executive, by the elected mayor;

(b)in the case of an authority operating a leader and cabinet executive (Wales), by the executive leader or the authority.

(4)Executive arrangements which make provision for the appointment of assistants to an executive may include provision about—

(a)the number of assistants that may be appointed,

(b)their term of office, and

(c)their responsibilities.

(5)The assistants to the executive of a local authority may not include—

(a)the chairman and vice-chairman of the authority;

(b)the presiding member and deputy presiding member of the authority (if the authority has a presiding member).

(6)An assistant to the executive of an authority is not a member of the executive of the authority.

(7)Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to a local authority's function of making appointments under sub-paragraph (3)(b).]

ProcedureE+W

4E+WExecutive arrangements by a local authority may include provision with respect to—

(a)the quorum, proceedings and location of meetings of the executive,

(b)the appointment of committees of the executive, and

(c)the quorum, proceedings and location of meetings of committees of the executive.

Meetings of executives and executive committeesE+W

5[F17(1)An assistant to the executive of a local authority is entitled to attend, and speak at, any meeting of the executive or of a committee of the executive.]W

[F18(2)]A member of a local authority who is [F19neither a member of the authority's executive nor an assistant to the executive] is entitled to attend, and speak at, a meeting of the executive, or of a committee of the executive, which is held in private only if invited to do so.

Mayor’s assistantE+W

6(1)The [F20Welsh Ministers] may by regulations make provision for or in connection with the appointment of a person (an “assistant”) to provide assistance to an elected mayor.E+W

(2)Regulations under this paragraph may include provision with respect to the terms and conditions of appointment of an assistant.

(3)Nothing in sub-paragraph (2) affects the generality of the power under sub-paragraph (1).

Overview and scrutiny committees: education functionsE+W

F217E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8(1)In this paragraph “relevant F22... authority” means a local authority F23... [F24which has education functions].E+W

(2)This paragraph applies to an overview and scrutiny committee of a relevant F25... authority if the committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.

(3)This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant F26... authority if the sub-committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.

(4)An overview and scrutiny committee or sub-committee to which this paragraph applies must include one or more persons appointed as representatives of the persons who appoint foundation governors for the maintained schools which are maintained by the authority concerned and which are specified in directions made by the [F27Welsh Ministers] as schools which have a character connected with a particular religion, or particular religious denomination, specified in the directions.

(5)Sub-paragraph (4) does not apply if there are no maintained schools which are maintained by the authority concerned and which are specified in directions under that sub-paragraph.

(6)A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (4) is to be entitled to vote at a meeting of the committee or sub-committee on any question—

(a)which relates to any education functions which are the responsibility of the authority concerned’s executive, and

(b)which falls to be decided at the meeting.

(7)The [F28Welsh Ministers] may by directions to a relevant F29... authority require any of the authority’s overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for such of the maintained schools which are maintained by the authority concerned and which are not specified in directions under sub-paragraph (4) as may be specified in directions under this sub-paragraph.

(8)Directions under sub-paragraph (7) may make provision with respect to the voting rights of persons appointed in accordance with such directions.

9(1)In this paragraph “relevant authority” means a local authority [F30which has education functions].E+W

(2)This paragraph applies to an overview and scrutiny committee of a relevant authority if the committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.

(3)This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant authority if the sub-committee’s functions under section 21 relate wholly or partly to any education functions which are the responsibility of the authority’s executive.

(4)The [F31Welsh Ministers] may by regulations require an overview and scrutiny committee or sub-committee to which this paragraph applies to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools which are maintained by the relevant authority concerned.

(5)Regulations under this paragraph may make provision for—

(a)the number of persons who are to be elected in the case of any relevant authority,

(b)the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election,

(c)the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected,

(d)the term of office of persons so elected and their voting rights,

(e)the application to any such committee or sub-committee, with or without any modification, of any enactment (whenever passed or made) relating to committees or (as the case may be) sub-committees of a local authority,

(f)such other matters connected with such elections or persons so elected as the [F32Welsh Ministers consider] appropriate.

(6)Regulations under this paragraph may also make provision—

(a)enabling the [F33Welsh Ministers] to determine, where [F34they consider] it expedient to do so in view of the small number of maintained schools which are maintained by a relevant authority, that the requirement imposed on the committee or sub-committee by virtue of sub-paragraph (4) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools,

(b)for any regulations under this paragraph to have effect, where the [F35Welsh Ministers make] any such determination, with such modifications as may be prescribed.

[F3610E+WChapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) applies to the performance of any duty imposed on a local authority by virtue of paragraph 8 or 9 as it applies to the performance by a local authority of a duty that is an education function but as if—

(a)the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act; an

(b)sections 24 to 27 of that Act did not apply.]

11E+WExcept for the expression “local authority”, expressions used in paragraphs [F378] to 10 and the M5School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act.

[F3811A.E+WIn paragraphs [F398 and] [F4010] “education functions” has the meaning given by section 579(1) of the Education Act 1996.]

F41...E+W

F4112E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4113E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4114E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 42.

SCHEDULE 2E+W Election of elected mayor

ApplicationE+W

1E+WThis Schedule applies where there are three or more candidates to be an elected mayor of a local authority [F42in Wales].

Candidate with overall majority of first preference votesE+W

2E+WIf one of the candidates to be the elected mayor receives more than half of all the first preference votes given in the election that candidate is to be returned as the elected mayor.

No candidate with overall majority of first preference votesE+W

3(1)If none of the candidates to be the elected mayor receives more than half of all the first preference votes given in the election the following provisions of this paragraph are to have effect.E+W

(2)The two candidates who received the greatest number of first preference votes given in the election remain in the contest.

(3)If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (2), all of them remain in the contest.

(4)The other candidates are eliminated from the contest.

(5)The number of second preference votes given in the election for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates is to be ascertained.

(6)That number is to be added to the number of first preference votes given for that candidate, to give his total number of preference votes.

(7)The person who is to be returned as the elected mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.

(8)If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the returning officer is to decide by lots which of them is to be returned as the elected mayor.

Section 46.

SCHEDULE 3E+W Amendments to the 1972 Act

1(1)Section 2 of the M6Local Government Act 1972 (constitution of principal councils in England) is amended as follows.E+W

(2)After subsection (2) there is inserted—

“(2A)Where a council mentioned in subsection (1) or (2) above are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors.”

2(1)Section 3 of that Act (chairman of principal council in England) is amended as follows.E+W

(2)After subsection (1) there is inserted—

“(1A)A member of the executive of a principal council may not be elected as the chairman of the council.”

(3)After subsection (4) there is inserted—

“(4A)Subsection (4) above shall have effect in relation to a district council which are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive as if it provided for the elected mayor of the council to have precedence in the district, but this subsection shall not apply if the executive arrangements provide for it not to apply.”

3(1)Section 5 of that Act (vice-chairman of principal council in England) is amended as follows.E+W

(2)After subsection (1) there is inserted—

“(1A)A member of the executive of a principal council may not be appointed as the vice-chairman of the council.”

4(1)Section 21 of that Act (constitution of principal councils in Wales) is amended as follows.E+W

(2)After subsection (1) there is inserted—

“(1A)Where a council falling within subsection (1) are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors.”

5(1)Section 22 of that Act (chairman of principal council in Wales) is amended as follows.E+W

(2)After subsection (1) there is inserted—

“(1A)A member of the executive of a principal council may not be elected as the chairman of the council.”

(3)After subsection (4) there is inserted—

“(4A)Subsection (4) above shall have effect in relation to a principal council which are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive as if it provided for the elected mayor of the council to have precedence in the area of that council, but this subsection shall not apply if the executive arrangements provide for it not to apply.”

6(1)Section 24 of that Act (vice-chairman of principal council in Wales) is amended as follows.E+W

(2)After subsection (1) there is inserted—

“(1A)A member of the executive of a principal council may not be appointed as the vice-chairman of the council.”

7(1)Section 25A of that Act (title of chairman or vice-chairman of county borough council) is amended as follows.E+W

(2)After subsection (2) there is inserted—

“(3)This section does not apply where a county borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive.”

8(1)Section 80 of that Act (disqualifications for election and holding office as member of local authority) is amended as follows.E+W

(2)In subsection (1)(a) after “or deputy chairman” there is inserted “ or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive ”.

9(1)Section 83 of that Act (declaration of acceptance of office) is amended as follows.E+W

(2)In subsection (1), after “councillor” there is inserted “ or elected mayor ”.

(3)In subsection (3), after paragraph (a) there is inserted—

“(aa)an elected mayor of the council to which the declarant is elected; or”.

10(1)Section 84 of that Act (resignation) is amended as follows.E+W

(2)In subsection (1), after “Act” there is inserted “ or elected as an elected mayor ”.

11(1)Section 245 of that Act (status of certain districts, parishes and communities) is amended as follows.E+W

(2)After subsection (1) there is inserted—

“(1A)Subsection (1)(b) above does not apply where the council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive.”

12(1)Section 270 of that Act (general provisions as to interpretation) is amended as follows.E+W

(2)In subsection (1), after the definition of “Easter break” there is inserted—

““elected mayor” has the same meaning as in Part II of the Local Government Act 2000;”.

(3)In subsection (1), after the definition of “electoral area” there is inserted—

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

(4)In subsection (1), after the definition of “land” there is inserted—

““leader and cabinet executive” has the same meaning as in Part II of the Local Government Act 2000;”.

(5)In subsection (1), after the definition of “local statutory provision” there is inserted—

““mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000;”.

(6)After subsection (4) there is inserted—

“(4A)Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, subsection (4) above shall have effect with the omission of paragraphs (a) and (b).”

13(1)Schedule 2 to that Act (constitution and membership of London borough councils) is amended as follows.E+W

(2)After paragraph 5 there is inserted—

“ Modifications of preceding provisionsE+W

5AWhere a London borough council are operating executive arrangements which involve a leader and cabinet executive—

(a)paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

(1A)A member of the executive of a London borough council may not be elected as the mayor of the borough.

,

(b)paragraph 5 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

(1A)A member of the executive of a London borough council may not be appointed as the deputy mayor.

5BWhere a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the preceding provisions of this Schedule shall have effect with the modifications specified in paragraphs 5C to 5I below.

5CThe council shall consist of an elected mayor, a chairman and councillors.

5DParagraphs 2(1) and 2(5) above shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough council”.

5EParagraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

(1A)A member of the executive of a London borough council may not be elected as the chairman of the council.

5FParagraphs 2(2) to (4) and 3 above shall have effect as if for any reference to “mayor” there were substituted “chairman”.

5GParagraph 2(5) above shall have effect as if it provided for the elected mayor to have precedence in the borough, but this paragraph shall not apply if the executive arrangements provide for it not to apply.

5HParagraph 5 above shall have effect as if for sub-paragraphs (1) to (3) there were substituted—

(1)A London borough council shall appoint a member of the council to be vice-chairman of the council.

(1A)A member of the executive of a London borough council may not be appointed as the vice-chairman of the council.

(2)The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.

(3)Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.”

5IParagraphs 5(4) above shall have effect as if for the expression “ deputy mayor” there were substituted “vice-chairman”.”

14(1)Schedule 12 to that Act (meetings and proceedings of local authorities) is amended as follows.E+W

(2)In paragraph 5, after sub-paragraph (3) there is inserted—

“(4)A member of an executive of a principal council may not be chosen to preside under sub-paragraph (3) above.”

(5)Sub-paragraphs (2)(c) and (3)(c) above do not apply where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive. ”

Section 57.

F43SCHEDULE 4U.K. Standards Board for England

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 107.

SCHEDULE 5U.K. Minor and Consequential Amendments

Children and Young Persons Act 1933 (c. 12)E+W

1E+WIn section 34A of the Children and Young Persons Act 1933 (attendance at court of parent or guardian), in subsection (2)(b) for the words “stand referred to their social services committee under” there is substituted “are social services functions within the meaning of”.

2E+WIn section 55 of that Act (power to order parent or guardian to pay fine etc), in subsection (5)(b) for the words “stand referred to their social services committee under” there is substituted “ are social services functions within the meaning of ”.

Local Authority Social Services Act 1970 (c. 42)E+W

3E+WIn section 2 of the Local Authority Social Services Act 1970 (local authority to establish social services committees)—

(a)in subsection (1), for paragraphs (a) and (b) there is substituted “their social services functions”,

(b)subsection (2) is omitted.

4E+WIn section 3 of that Act (business of social services committee), in subsection (1), the words “ (hereafter in this Act referred to as “social services functions”)” are omitted.

5E+WIn section 13 of that Act (orders and regulations), in subsection (3), for “ 2(2)” there is substituted “ 1A ”.

6E+WIn section 15 of that Act (citation, interpretation etc), in subsection (2), for “3” there is substituted “ 1A ”.

7E+WIn Schedule 1 to that Act (enactments conferring functions assigned to social services committees) after the entry relating to the M7Housing Act 1985 there is inserted—

Local Government Act 1972 (c. 70)E+W

8E+WIn section 80 of the Local Government Act 1972 (disqualifications for election and holding office as member of local authority), in subsection (1)(e) the words “or under the Audit Commission Act 1998” are omitted.

9E+WIn section 85 of that Act (vacation of office by failure to attend meetings), after subsection (3) there is inserted—

“(3A)Any period during which a member of a local authority is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1) above (and, accordingly, a period during which a member fails to attend meetings of the authority that falls immediately before, and another such period that falls immediately after, a period of suspension or partial suspension shall be treated as consecutive).”

10E+WIn section 86 of that Act (declaration by local authority of vacancy in office in certain cases), in subsection (1)(b) after “1998” there is inserted “ or section 79 of the Local Government Act 2000 ”.

11E+WIn section 87(1) of that Act (date of casual vacancies)—

(a)after paragraph (e) there is inserted—

“(ee)in the case of a disqualification under section 79 of the Local Government Act 2000, on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant decision under that section or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;”,

(b)in paragraph (f), for “(e)” there is substituted “ (ee) ”.

12E+WSections 94 to 98 of that Act (restrictions on voting) cease to have effect.

13E+WSection 105 of that Act (disability for voting on account of interest in contracts etc) ceases to have effect.

Local Government Act 1974 (c. 7)E+W

F4414E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15E+WIn section 30 of that Act (reports on investigation by Local Commissioner)—

(a)in subsection (3), the words “except where subsection (3A) below applies” are omitted,

(b)subsection (3A) is omitted.

Adoption Act 1976 (c. 36)E+W

F4516E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Health Service Act 1977 (c. 49)E+W

F4617E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registered Homes Act 1984 (c. 23)E+W

18E+WIn its application to a registration authority which are operating executive arrangements (within the meaning of Part II of this Act), section 13 of the Registered Homes Act 1984 (right to make representations) shall have effect as if for subsection (5) there were substituted—

“(5)If he informs the registration authority that he desires to make oral representations, they shall make arrangements to enable him to make such representations.”

Children Act 1989 (c. 41)E+W

19E+WIn section 22 of the Children Act 1989 (general duty of local authority in relation to children looked after by them), in subsection (1)(b) for the words “stand referred to their social services committee under” there is substituted “ are social services functions within the meaning of ”.

20E+WIn section 42 of that Act (right of guardian ad litem to have access to local authority records), in subsection (1)(b) for the words “stand referred to their social services committee under” there is substituted “ are social services functions within the meaning of ”.

F4721E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22E+WIn section 105 of that Act (interpretation), in subsection (5) for the words “which stand referred to the social services committee of that or any other local authority under” there is substituted “ of that or any other local authority which are social services functions within the meaning of ”.

23E+WIn its application to a local authority (within the meaning of Schedule 6 to that Act) which are operating executive arrangements (within the meaning of Part II of this Act), paragraph 6 of that Schedule (right to make representations) shall have effect as if for subsection (5) there were substituted—

“(5)If he informs the local authority that he desires to make oral representations, they shall make arrangements to enable him to make such representations.”

Local Government and Housing 1989 (c. 42)E+W

24(1)Section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer) is amended as follows.E+W

(2)In subsection (1), before “the officer so” there is inserted “ subject to subsection (1A) below ”.

(3)After that subsection there is inserted—

“(1A)The officer designated under subsection (1) above by a relevant authority to which this subsection applies may not be the head of that authority’s paid service.

(1B)Subsection (1A) above applies to the following relevant authorities in England and Wales—

(a)a county council,

(b)a county borough council,

(c)a district council,

(d)a London borough council,

(e)the Greater London Authority, and

(f)the Common Council of the City of London in its capacity as a local authority, police authority or port health authority.”

(4)In subsection (2), the words “or of any code of practice made or approved by or under any enactment” are omitted.

(5)In subsection (2), as substituted in relation to the Greater London Authority by section 73(6) of the M8Greater London Authority Act 1999, in paragraph (a) the words “or of any code of practice made or approved by or under any enactment” are omitted.

(6)After that subsection there is inserted—

“(2A)No duty shall arise by virtue of subsection (2)(b) above unless a Local Commissioner (within the meaning of the M9Local Government Act 1974) has conducted an investigation under Part III of that Act in relation to the proposal, decision or omission concerned.”

(7)In subsection (8), in paragraph (a) of the definition of “relevant authority”, for “(j)” there is substituted “ (k) ”.

(8)After that subsection there is inserted—

“(8A)Any reference in this section to the duties of a monitoring officer imposed by this section, or to the duties of a monitoring officer under this section, shall include a reference to the functions which are conferred on a monitoring officer by virtue of Part III of the Local Government Act 2000.”

25E+WSection 19 of that Act (members’ interests) ceases to have effect.

26E+WSections 31 and 32(1) of that Act (National Code of Local Government Conduct) are omitted.

27E+WSections 33 to 35 of that Act (economic development and discretionary expenditure by local authorities) cease to have effect.

Tribunals and Inquiries Act 1992 (c. 53)U.K.

28U.K.In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Council on Tribunals), at the end of paragraph 27 there is inserted—

Audit Commission Act 1998 (c. 18)E+W

F4829E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4930E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Greater London Authority Act 1999 (c. 29)E+W

31E+WIn section 6 of the Greater London Authority Act 1999 (failure to attend meeting of the Assembly), after subsection (4) there is inserted—

“(5)Any period during which an Assembly member is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1).”

32E+WSection 13 of that Act (failure of Mayor to attend meetings) is to become subsection (1) of that section and after that subsection there is inserted—

“(2)Any meeting of the Assembly which the Mayor is unable to attend because he is suspended or partially suspended under section 66, 73, 78 or 79 of the Local Government Act 2000 shall be disregarded for the purposes of subsection (1) above.”

33E+WIn section 31 of that Act (limits of the general power), in subsection (5), for paragraphs (a) and (b) there is substituted “ any social services function within the meaning of the Local Authority Social Services Act 1970 ”.

34E+WSection 66 of that Act (the Secretary of State’s guidance on ethical standards) ceases to have effect.

Section 107.

SCHEDULE 6E+W Repeals