SCHEDULES

SCHEDULE 3Minor and consequential amendments relating to local authority governance in England

Section 22

Local Government Act 1972 (c. 70)

I311

The Local Government Act 1972 is amended as follows.

I322

In section 2 (constitution of principal councils in England) in subsection (2A) omit “or a mayor and council manager executive”.

I333

1

Section 101 (arrangements for discharge of functions by local authorities) is amended as follows.

2

In subsection (1C) after “section” insert “ 9EA or ”.

3

In subsection (5B) after “section” insert “ 9EB or ”.

I344

In section 102 (appointment of committees) in subsection (1A)—

a

for “regulations made under section 18” substitute “ section 9E(2)(b)(iv), (3)(b), (4)(a) or (5)(a) ”, and

b

after “Act 2000” insert “ or under regulations made under section 18 of that Act ”.

I355

In section 245 (status of certain districts, parishes and communities) in subsections (1A) and (4A)(a) omit “or a mayor and council manager executive”.

I366

1

Section 270(1) (general provisions as to interpretation) is amended as follows.

2

In the definition of “elected mayor” after “has” insert

—

a

in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and

b

in relation to Wales,

3

In the definition of “executive”, “executive arrangements” and “executive leader” after “have” insert

—

a

in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and

b

in relation to Wales,

4

In the definition of “leader and cabinet executive (England)” for “Part 2” substitute “ Part 1A ”.

5

In the definition of “mayor and cabinet executive” for “have” substitute

has—

a

in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and

b

in relation to Wales,

Crime and Disorder Act 1998 (c. 37)

I377

In section 5 of the Crime and Disorder Act 1998 (authorities responsible for crime and disorder strategies etc) in subsection (1D) in paragraph (d) of the definition of “the relevant provisions” after “section” insert “ 9F, 9FA or ”.

Local Government Act 2000 (c. 22)

I388

The Local Government Act 2000 is amended as follows.

I399

In the heading of Part 2 (arrangements with respect to executives etc) for “Arrangements” substitute “ Local authorities in Wales: arrangements ”.

I2I4010

In section 10 (executive arrangements) after “local authority” (in both places) insert “ in Wales ”.

I3I4111

1

Section 11 (forms of local authority executives) is amended as follows.

2

In subsection (2) for “In the case of any local authority in England or Wales, the” substitute “ The ”.

3

Omit subsection (2A).

4

In subsection (3) for “In the case of any local authority in Wales, the” substitute “ The ”.

5

In subsection (5)—

a

for “In the case of a local authority in England or Wales, the” substitute “ The ”, and

b

for “Secretary of State” substitute “ Welsh Ministers ”.

6

In subsection (8) after “leader and cabinet executive” insert “ (Wales) ”.

F67

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

8

Omit subsection (9A).

9

In subsection (10) omit “(2A)(a) or”.

I4212

1

Section 12 (additional forms of executive) is amended as follows.

2

In subsection (1)—

a

for “Secretary of State” substitute “ Welsh Ministers ”,

b

in paragraph (a) for “him” substitute “ them ”, and

c

in paragraphs (b) and (d) for “he considers” substitute “ they consider ”.

3

In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.

4

In subsection (3)(a) for “Secretary of State” substitute “ Welsh Ministers ”.

I4313

1

Section 13 (functions which are the responsibility of an executive) is amended as follows.

2

In subsection (3) for “Secretary of State” substitute “ Welsh Ministers ”.

3

In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.

4

In subsection (9)(b) omit the words from “or section 236” to “England)”.

5

In subsection (12) for “Secretary of State” substitute “ Welsh Ministers ”.

I4414

1

Section 14 (discharge of functions: general) is amended as follows.

2

In the heading for “general” substitute “ mayor and cabinet executive ”.

3

In subsection (1) for the words from “of” to the end substitute “ of a mayor and cabinet executive are to be discharged in accordance with this section ”.

4

In subsections (2) to (5) for “senior executive member” (in each place that it appears) substitute “ elected mayor ”.

5

In subsection (6)—

a

for “a senior executive member” substitute “ an elected mayor ”, and

b

for “the senior executive member” substitute “ the elected mayor ”.

6

Omit subsection (7).

I4515

In section 17 (discharge of functions: section 11(5) executive) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

I4616

1

Section 18 (discharge of functions by area committees) is amended as follows.

2

In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

3

In subsection (3) in the definition of “area committee” for the words from “means—” to “in Wales,” substitute “ means ”.

4

Omit subsections (4) and (5).

5

In subsection (6) omit “in Wales”.

I4717

1

Section 19 (discharge of functions of and by another local authority) is amended as follows.

2

In subsection (1)—

a

for “Secretary of State” substitute “ Welsh Ministers ”,

b

omit the words “(within the meaning of this Part)” in the first place they appear,

c

for paragraph (a) substitute—

a

by a relevant authority (other than the local authority), or

d

in paragraph (b) for “an executive of another local authority (within the meaning of this Part)” substitute “ a relevant executive (other than an executive of the local authority) ”.

3

In subsection (2)—

a

for “Secretary of State” substitute “ Welsh Ministers ”, and

b

for “local authority (within the meaning of section 101 of that Act)” substitute “ relevant authority in Wales ”, and

c

for “an executive of another local authority (within the meaning of this Part)” substitute “ a relevant executive (other than an executive of the relevant authority) ”.

4

In subsection (3) for “local authority” substitute “ relevant authority in Wales ”.

5

In subsection (4)—

a

in paragraph (a)—

i

for “an executive of a local authority” substitute “ a relevant executive ”, and

ii

after “the authority” insert “ of which the executive is part ”,

b

in paragraph (b) for “local authority” substitute “ relevant authority ”, and

c

in paragraph (c) for “an executive of a local authority” substitute “ a relevant executive ”.

6

In subsection (8) for “ “specified”” substitute

—

relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;

“relevant executive” means an executive of a local authority under either this Part or Part 1A;

“specified”

I4818

In section 20 (joint exercise of functions) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

I4919

1

Section 21 (overview and scrutiny committees) is amended as follows.

2

In subsection (2)(f)—

a

omit “section 244 of the National Health Service Act 2006 or”,

b

for “either of those sections” substitute “ that section ”, and

c

for “the Act concerned, and as extended by the section concerned” substitute “ that Act, as extended by that section ”.

3

In subsection (2ZA) omit “in Wales”.

4

In subsection (2A)—

a

omit paragraphs (a) and (b), and

b

in paragraph (e) for the words from “committee—” to “a joint overview and scrutiny committee” substitute “ committee ”.

5

In subsection (4)—

a

for “21A to 21C” substitute “ 21A and 21B ”, and

b

omit the words from “or any functions” to the end.

6

In subsection (10)—

a

for “paragraphs 7 to” substitute “ paragraph 8 or ”, and

b

omit “, unless permitted to do so under paragraph 12 of that Schedule”.

7

In subsection (10A) omit “in Wales”.

8

In subsection (13)—

a

in paragraph (aa) omit the words from “by virtue of” to “England) or”, and

b

in paragraph (c) omit the words from the beginning to “in Wales”.

9

In subsection (16)—

a

omit paragraph (a), and

b

in paragraph (b) omit “in Wales”.

I5020

Omit section 21ZA (scrutiny officers).

I5121

1

Section 21A (reference of matters to overview and scrutiny committees) is amended as follows.

2

In subsection (3) omit the words from “(in the case of a local authority in England” to “Wales)”.

3

In subsection (6)(a) omit the words from “section 236” to “2007 or”.

4

Omit subsections (10) and (11).

5

In subsection (12) omit “in Wales”.

I5222

Omit section 21C (reports and recommendations of overview and scrutiny committees: duties of certain partner authorities).

I5323

1

Section 21D (publication etc of reports, recommendations and responses: confidential and exempt information) is amended as follows.

2

In subsection (1)(b) omit sub-paragraph (ii).

3

In subsection (2) omit “or providing a copy of the document to a relevant partner authority”.

4

In subsection (6)—

a

in the definition of “exempt information”—

i

omit “section 246 of the National Health Service Act 2006 or”, and

ii

at the end insert “ and ”, and

b

omit the definition of “relevant partner authority”.

I5424

Omit section 21E (overview and scrutiny committees of certain district councils: functions with respect to partner authorities).

I5525

1

Section 21F (as inserted by the Local Government (Wales) Measure 2011 (nawm 4)) (Wales: notifying designated body of report or recommendations) is amended as follows.

2

In the title for “Wales: notifying” substitute “ Notifying ”.

3

In subsection (1) omit “in Wales”.

I5626

Omit section 21F (as inserted by the Flood and Water Management Act 2010) (overview and scrutiny committees: flood risk management).

I5727

In the title of section 21G (Wales: designated persons) for “Wales: designated” substitute “ Designated ”.

I5828

1

Section 22 (access to information) is amended as follows.

2

In subsections (6), (8) to (10), (12) and (13) for “Secretary of State” substitute “ Welsh Ministers ”.

3

In subsection (12A)—

a

for the words from “Secretary” to “Wales),” substitute “ Welsh Ministers ”, and

b

in paragraph (a) omit the words from “, or under” to “section 21B,”.

I5929

Omit section 22A (overview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities).

I430

In section 25 (proposals) in subsections (1)(b), (5), (6)(a), (7) and (8) for “Secretary of State” substitute “ Welsh Ministers ”.

I531

1

Section 27 (referendum in case of proposals involving elected mayor) is amended as follows.

2

In subsections (1)(b), (5), (6), (8)(c), (9) and (10) for “Secretary of State” substitute “ Welsh Ministers ”.

3

In subsection (5) for “him” substitute “ them ”.

I632

1

Section 28 (approval of outline fall-back proposals) is amended as follows.

2

In subsections (1) and (2) for “Secretary of State” substitute “ Welsh Ministers ”.

3

In subsection (3) for “Secretary of State approves” substitute “ Welsh Ministers approve ”.

I6033

Omit section 31 (alternative arrangements).

I6134

Omit section 32 (alternative arrangements).

I735

1

Section 33ZA (Wales: changing governance arrangements) is amended as follows.

2

In the heading for “Wales: changing” substitute “ Changing ”.

3

Omit “in Wales,”.

I836

Omit section 33A (executive arrangements).

I937

Omit section 33B (executive arrangements: other variations of arrangements).

I1038

Omit section 33C (alternative arrangements: move to executive arrangements).

I6239

Omit section 33D (alternative arrangements: variation of arrangements).

I1140

Omit section 33E (proposals by local authority).

I1241

Omit section 33F (resolution of local authority).

I1342

Omit section 33G (implementation: new executive or move to executive arrangements).

I1443

Omit section 33H (implementation: other change in governance arrangements).

I1544

Omit section 33I (general).

I1645

Omit section 33J (new form of executive or move to executive: general requirements) and the italic heading immediately before it (further requirements for certain changes).

I1746

Omit section 33K (changes subject to approval in referendum: additional requirements).

I1847

Omit section 33L (change not subject to approval in a referendum: additional requirements).

I1948

Omit section 33M (cases in which change is subject to approval in referendum).

I2049

Omit section 33N (variation of mayoral executive).

I2150

Omit section 33O (interpretation) and the italic heading immediately before it (miscellaneous).

I2251

1

Section 34 (referendum following petition) is amended as follows.

2

In subsections (1) and (2)(k) for “Secretary of State” substitute “ Welsh Ministers ”.

3

In subsection (1A) for the words from “means—” to “Wales,” substitute “ means ”.

4

In subsection (3) omit “or of any of sections 33A to 33O”.

I2352

1

Section 35 (referendum following direction) is amended as follows.

2

In subsection (1)—

a

for “Secretary of State” substitute “ Welsh Ministers ”, and

b

for “him” substitute “ them ”.

3

In subsection (2)(d) for “Secretary of State” substitute “ Welsh Ministers ”.

4

In subsection (3) omit “or of any of sections 33A to 33O”.

I2453

1

Section 36 (referendum following order) is amended as follows.

2

In subsections (1) and (2)(d) for “Secretary of State” substitute “ Welsh Ministers ”.

3

In subsection (3) omit “or of any of sections 33A to 33O”.

I6354

In section 37 (local authority constitution) in subsection (1)(a) for “Secretary of State” substitute “ Welsh Ministers ”.

I6455

In section 38 (guidance) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.

I2756

1

Section 39 (elected mayors etc) is amended as follows.

2

Omit subsection (2).

3

In subsection (3) omit “in Wales”.

4

In subsection (5B)(a) for “Secretary of State” substitute “ Welsh Ministers ”.

5

In subsection (5C) for the words from the beginning to “1972 are” substitute “ Section 21(1A) of the Local Government Act 1972 is ”.

6

After subsection (5C) insert—

5D

A statutory instrument containing regulations made under subsection (5B)(a) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

7

Omit subsection (6).

I2857

In section 41 (time of elections etc) for “Secretary of State” substitute “ Welsh Ministers ”.

I6558

Omit section 44A (election of leader: whole-council elections) and the italic heading immediately before it (leader and cabinet executives (England)).

I6659

Omit section 44B (election of leader: partial-council elections).

I6760

Omit section 44C (removal of leader).

I6861

Omit section 44D (term of office of leader: whole-council elections).

I6962

Omit section 44E (term of office of leader: partial council elections).

I7063

Omit section 44F (leader to continue to hold office as councillor).

I7164

Omit section 44G (no other means of electing or removing leader).

I7265

Omit section 44H (regulations).

I2566

1

Section 45 (provisions with respect to referendums) is amended as follows.

2

In subsection (1) for the words from “authority—” to “in Wales” substitute “ authority ”.

3

In subsections (5), (6) and (8A) for “Secretary of State” substitute “ Welsh Ministers ”.

4

In subsection (8B)—

a

in paragraph (a)—

i

for “Parliament in accordance with section 105(6)” substitute “ the National Assembly for Wales ”, and

ii

for “Secretary of State” substitute “ Welsh Ministers ”, and

b

in paragraph (b)—

i

for “Secretary of State” substitute “ Welsh Ministers ”, and

ii

for “each House” substitute “ the National Assembly for Wales ”.

5

In subsection (8D)—

a

in paragraph (a)—

i

for “Parliament in accordance with section 105(6)” substitute “ the National Assembly for Wales ”, and

ii

for “Secretary of State” substitute “ Welsh Ministers ”, and

b

in paragraph (b)—

i

for “Parliament” substitute “ the National Assembly for Wales ”,

ii

for “Secretary of State” substitute “ Welsh Ministers ”,

iii

for “each House” substitute “ the Assembly ”, and

iv

for “his” substitute “ their ”.

6

In subsection (9) omit “or 33K”.

I2667

1

Section 47 (power to make incidental, consequential provision etc) is amended as follows.

2

In subsection (1)—

a

for “Secretary of State” substitute “ Welsh Ministers ”,

b

for “he considers” substitute “ they consider ”.

3

In subsection (4) omit “(including changes of the kinds set out in sections 33A to 33D)”.

4

In subsection (6) omit paragraph (b).

68

I731

Section 48 (interpretation of Part 2) is amended as follows.

2

In subsection (1)—

I73a

in the definition of “executive leader” for “section 11(2A)(a) or (3)(a)” substitute “ section 11(3)(a) ”,

I29I74b

in the definition of “local authority” for the words from “means—” to “Wales, a county council” substitute “ means a county council in Wales ”, and

I30c

omit the definition of “ordinary day of election”.

I303

Omit subsection (1A).

I734

In subsection (2) omit paragraph (b).

I735

In subsection (3) omit paragraph (b).

I736

In subsection (7)—

a

for “Secretary of State” substitute “ Welsh Ministers ”, and

b

for “him” substitute “ them ”.

I7569

In section 48A (functions of the Lord President of the Council) for “sections 44 and 45” substitute “ section 44 ”.

70I1

1

Section 105 (orders and regulations) is amended as follows.

2

In subsection (6)—

a

after “6,” insert “ 9N, ”, and

b

for “section 11(5), 31(1)(b), 32, 33O(6), 44 or 45” substitute “ section 9BA, 9HE, 9MG or 44 ”.

3

After subsection (7) insert—

7A

If a draft of a statutory instrument containing an order under section 9N would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

I7671

In section 106 (Wales) in subsection (1) omit paragraph (a).

I7772

1

Schedule 1 (executive arrangements: further provision) is amended as follows.

2

In the heading of the Schedule (executive arrangements: further provision) after “arrangements” insert “ in Wales ”.

3

In paragraph 1(9) for “In the case of a local authority in Wales, the” substitute “ The ”.

4

Omit paragraph 1A and the heading immediately before it.

5

In paragraph 6(1) for “Secretary of State” substitute “ Welsh Ministers ”.

6

Omit paragraph 7.

7

In paragraph 8—

a

in sub-paragraph (1) omit—

i

“Welsh”, and

ii

“in Wales”,

b

in sub-paragraphs (2), (3) and (7) omit “Welsh”, and

c

in sub-paragraphs (4) and (7) for “National Assembly for Wales” substitute “ Welsh Ministers ”.

8

In paragraph 9—

a

in sub-paragraph (4) for “Secretary of State” substitute “ Welsh Ministers ”,

b

in sub-paragraph (5)(f) for “Secretary of State considers” substitute “ Welsh Ministers consider ”,

c

in sub-paragraph (6)(a)—

i

for “Secretary of State” substitute “ Welsh Ministers ”, and

ii

for “he considers” substitute “ they consider ”, and

d

in sub-paragraph (6)(b) for “Secretary of State makes” substitute “ Welsh Ministers make ”.

9

In paragraph 10 omit “7,”.

10

In paragraph 11 for “7” substitute “ 8 ”.

11

In paragraph 11A for “7 to” substitute “ 8 and ”.

12

Omit paragraphs 12 to 14 and the italic heading immediately before paragraph 12 (overview and scrutiny committees: voting rights of co-opted members).

National Health Service Act 2006 (c. 41)

I7873

The National Health Service Act 2006 is amended as follows.

I7974

In section 244 (functions of overview and scrutiny committees) after subsection (4) insert—

5

In this section, section 245 and section 246 references to an overview and scrutiny committee include references to—

a

an overview and scrutiny committee of a local authority operating executive arrangements under Part 1A of the Local Government Act 2000 (executive arrangements in England), and

b

an overview and scrutiny committee appointed by a local authority under section 9JA of that Act (appointment of overview and scrutiny committees by committee system local authorities).

I8075

1

Section 245 (joint overview and scrutiny committees etc) is amended as follows.

F12

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

3

In subsection (3)(b)—

a

in sub-paragraph (i) for “section 21(4) and (6) to (17)” substitute “ sections 9F(5), 9FA, 9FC to 9FG and 9FI ”, and

b

omit sub-paragraphs (ia) and (ib).

4

In subsection (7) for “Section 21(4)” substitute “ Section 9F(5) ”.

5

In subsection (8) for “Section 21(10)” substitute “ Section 9FA(5) ”.

F276

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

I8177

1

Section 247 (application to the City of London) is amended as follows.

F32

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

3

In subsection (3)—

a

for “Section 21” substitute “ Section 9F ”,

b

in paragraph (a) for “(3), (5) and (9)” substitute “ (4) ”, and

c

omit paragraphs (b) to (d).

4

After subsection (3) insert—

3A

Section 9FA of the Local Government Act 2000 applies as if such a committee were an overview and scrutiny committee and as if the Common Council were a local authority, but with the omission—

a

of subsection (3),

b

in subsection (6), of paragraph (b), and

c

in subsection (8)(a), of the reference to members of the executive.

5

In subsection (4)—

F4a

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

b

for “section 21(2)” substitute “ section 9F(2) ”.

F578

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

Police and Justice Act 2006 (c. 48)

I8279

The Police and Justice Act 2006 is amended as follows.

I8380

1

Section 19 (local authority scrutiny of crime and disorder matters) is amended as follows.

2

In subsection (3)(a)—

a

after the first “section” insert “ 9F(2) or ”, and

b

after the second “section” insert “ 9JA(2) or ”.

3

In subsection (9) omit “(within the meaning of Part 2 of the Local Government Act 2000 (c. 22))”.

4

After subsection (9) insert—

9A

In subsection (9) “overview and scrutiny committee” means—

a

in relation to England, an overview and scrutiny committee within the meaning of Chapter 2 of Part 1A of the Local Government Act 2000 (see section 9F of that Act), and

b

in relation to Wales, an overview and scrutiny committee within the meaning of Part 2 of that Act (see section 21 of that Act).

9B

In the case of a local authority that operates a committee system and has appointed one or more overview and scrutiny committees under section 9JA of the Local Government Act 2000, the crime and disorder committee is to be one of those committees.

5

In subsection (10) for the words from “not” to “Act 2000” substitute “ in cases that are not within subsection (9) or (9B) ”.

6

In subsection (11)—

a

before the definition of “crime and disorder functions” insert—

“committee system” has the same meaning as in Part 1A of the Local Government Act 2000 (see section 9B(4) of that Act);

b

in the definition of “executive arrangements” for the words from the second “executive” to the end substitute

—

a

in relation to England, executive arrangements under Part 1A of the Local Government Act 2000, and

b

in relation to Wales, executive arrangements under Part 2 of that Act;

I8481

In Schedule 8 (further provision about crime and disorder committees of certain local authorities) in paragraph 1(1)—

a

after “authority” insert

—

a

b

after “Part” insert “ 1A or ”, and

c

after “(c. 22)” insert

, and

b

that has not appointed an overview and scrutiny committee under section 9JA of that Act