Local Government Act 2000

• (9) The effect of a notice given to the standards committee of a relevant authority under subsection (8) is to suspend or partially suspend the person concerned as mentioned in subsection (8)(c).

• (10) Where a Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be disqualified as mentioned in subsection (4)(b), it must give notice to the standards committee of the relevant authority concerned—

• (a) stating that the person has failed to comply with that code of conduct,

• (b) specifying the details of that failure, and

• (c) stating that the person is disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority for the period which the tribunal has decided.

• (11) The effect of a notice given to the standards committee of a relevant authority under subsection (10) is to disqualify the person concerned as mentioned in subsection (10)(c).

• (12) A copy of any notice under this section—

• (a) must be given to the Public Services Ombudsman for Wales,

• (b) must be given to any person who is the subject of the decision to which the notice relates, and

• (c) must be published in one or more newspapers circulating in the area of the relevant authority concerned.

• (12A) In the case of a member or co-opted member of a corporate joint committee who is also a member or co-opted member of—

• (a) a constituent council of the corporate joint committee;

• (b) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

a copy of any notice under this section must be given to the monitoring officer of that constituent council or National Park authority (in addition to the steps required by subsection (12) being taken).

• (13) Where the person concerned is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority ...

• (a) a copy of any notice under subsection (2), (7) or (10) must also be given to the standards committee of that other relevant authority,

• (b) the reference in subsection (4)(a) to the relevant authority concerned is to be treated as a reference to that other relevant authority,

• (c) the duty to give notice to the standards committee of the relevant authority concerned under subsection (8) is to be treated as a duty—

• (i) to give that notice to the standards committee of that other relevant authority, and

• (ii) to give a copy of that notice to the standards committee of the relevant authority concerned,

• (d) the reference in subsection (12)(c) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.

• (14) A Welsh case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the adjudication of the decision of the Welsh case tribunal under this section.

• (15) Where a Welsh case tribunal decides under this section that a person has failed to comply with the code of conduct of the relevant authority concerned, that person may appeal to the High Court against that decision, or any other decision under this section which relates to him.

• (16) An appeal may not be brought under subsection (15) except with the leave of the High Court.

Recommendations by case tribunals

80

• (1) Where ... a case tribunal has adjudicated on any matter under this Act, it may make recommendations to a relevant authority about any matters relating to—

• (a) the exercise of the authority’s functions,

• (b) the authority’s code of conduct, or

• (c) the authority’s standards committee.

• (2) A case tribunal must send a copy of any recommendations it makes under subsection (1) to the relevant person.

• (3) A relevant authority to whom recommendations are made under subsection (1) must consider the recommendations and, within a period of three months beginning with the day on which the recommendations are received, prepare a report for the Public Services Ombudsman for Wales giving details of what action the authority have taken or are proposing to take as a result of the recommendations.

• (4) A relevant authority’s function of considering a report under subsection (3) may be discharged only by the authority or by the standards committee of that authority (and accordingly, in the case of a relevant authority to which section 101 of the Local Government Act 1972 or regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for discharge of functions) applies, is not to be a function to which that section or regulation applies).

• (5) If the Public Services Ombudsman for Wales is not satisfied with the action the relevant authority have taken or propose to take in relation to the recommendations, the Public Services Ombudsman for Wales may require the authority to publish a statement giving details of the recommendations made by the tribunal and of the authority’s reasons for not fully implementing the recommendations.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter V — Supplementary

Disclosure and registration of members’ interests etc.

Disclosure and registration of members' interests etc

81

• (1) The monitoring officer of each relevant authority must establish and maintain a register of interests of the members and co-opted members of the authority.

• (2) The mandatory provisions of the model code applicable to each relevant authority (“the mandatory provisions”) must require the members and co-opted members of each authority to register in that authority’s register maintained under subsection (1) such financial and other interests as are specified in the mandatory provisions.

• (3) The mandatory provisions must also—

• (a) require any member or co-opted member of a relevant authority who has an interest specified in the mandatory provisions under subsection (2) to disclose that interest before taking part in any business of the authority relating to that interest,

• (b) make provision for preventing or restricting the participation of a member or co-opted member of a relevant authority in any business of the authority to which an interest disclosed under paragraph (a) relates.

• (4) Any participation by a member or co-opted member of a relevant authority in any business which is prohibited by the mandatory provisions is not a failure to comply with the authority’s code of conduct if the member or co-opted member has acted in accordance with a dispensation from the prohibition granted by the authority’s standards committee, or by the standards committee of another relevant authority, in accordance with regulations made under subsection (5).

• (5) The Welsh Ministers may prescribe in regulations the

• (a) circumstances in which standards committees may grant dispensations under subsection (4),

• (b) procedure to be followed for the granting of dispensations.

• (6) A relevant authority must ensure that

• (a) copies of the register for the time being maintained by their monitoring officer under this section are available at an office of the authority for inspection by members of the public at all reasonable hours,

• (b) the register mentioned in paragraph (a) is published electronically.

• (7) As soon as practicable after the establishment by their monitoring officer of a register under this section, a relevant authority must—

• (a) publish in one or more newspapers circulating in their area a notice which—

• (i) states that copies of the register are available at an office of the authority for inspection by members of the public at all reasonable hours, and

• (ii) specifies the address of that office, and

• (iii) states that the register is available to be viewed electronically, and

• (iv) specifies how to access the electronic version,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) ... inform the Public Services Ombudsman for Wales that copies of the register are so available.

• (7ZA) But subsections (6) and (7) do not apply to a relevant authority which is a corporate joint committee.

• (7ZB) A relevant authority which is a corporate joint committee must publish electronically the register maintained under subsection (1).

• (7A) For the purposes of this section—

• (a) section 83(13) does not apply, and

• (b) in relation to a relevant authority which is a community council, the references in this section to a monitoring officer are to be read as references to the proper officer of that council (within the meaning of section 270(3) of the Local Government Act 1972).

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code of conduct for local government employees

Code of conduct for local government employees

82

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The National Assembly for Wales may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities ....

• (3) The power under subsection ... (2) to issue a code includes power—

• (a) to issue a separate code for council managers (within the meaning of Part II of this Act), and

• (b) to revise any code which has been issued.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Before making an order under this section, the National Assembly for Wales must consult—

• (a) such representatives of relevant authorities ... and of employees of those authorities, as it considers appropriate,

• (b) the Auditor General for Wales, and

• (c) the Public Services Ombudsman for Wales .

• (7) The terms of appointment or conditions of employment of every qualifying employee of a relevant authority (whether appointed or employed before or after the commencement of this section) are to be deemed to incorporate any code for the time being under this section which is applicable.

• (8) In this section “qualifying employee”, in relation to a relevant authority, means an employee of the authority other than an employee falling within any description of employee specified in regulations under this subsection.

• (9) The power to make regulations under subsection (8) is to be exercised—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) ... by the National Assembly for Wales.

Interpretation

Interpretation of Part III

83

• (1) In this Part—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “case tribunal” has the meaning given by section 76(1),

• “code of conduct” means a code of conduct under section 51,

• “constituent council”, in relation to a corporate joint committee, has the meaning given by section 71(7),

• “co-opted member” has the meaning given by section 49(7),

• “corporate joint committee” has the meaning given by section 49(8),

• “elected mayor” and “elected executive member” have the meaning given by section 39(1) and (4),

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “executive” is to be construed in accordance with section 11,

• “executive arrangements” has the meaning given by section 10,

• ...

• “interim case tribunal” has the meaning given by section 76(2),

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “model code of conduct” is to be construed in accordance with section 50 ... (2),

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “relevant authority” has the meaning given by section 49(6).

• (2) Any reference in this Part to a committee of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to a committee of an executive of the authority.

• (3) Any reference in this Part to a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to an elected mayor or elected executive member of the authority.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Any reference in this Part to a joint committee or joint sub-committee of a relevant authority is a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.

• (6) Any reference in this Part to a failure to comply with a relevant authority’s code of conduct includes a reference to a failure to comply with the mandatory provisions which apply to the members or co-opted members of the authority by virtue of section 51(5)(b).

• (7) Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.

• (8) The reference in subsection (7) to particular functions or particular responsibilities as a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to particular functions or particular responsibilities as a member of an executive of the authority.

• (9) A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, but this subsection does not apply to a person who is partially suspended under this Part.

• (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) A person who is suspended under this Part from being a member of a relevant authority to which Part II of this Act applies shall also be suspended, if he is a member of an executive of the authority, from being such a member; but this subsection does not apply to a person who is partially suspended under this Part.

• (10A) A person who is suspended under this Part from being a member of a relevant authority other than a corporate joint committee shall also be suspended, if they are a member of a corporate joint committee, from being such a member; but this subsection does not apply to a person who is partially suspended under this Part.

• (11) A person who is disqualified under this Part for being or becoming a member of a relevant authority shall also be disqualified—

• (a) for being or becoming a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, and

• (b) if the authority is one to which Part II of this Act applies, for being or becoming a member of an executive of the authority.

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a community council is to be exercisable by or in relation to the monitoring officer of the county council or county borough council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly.

• (14) Any functions which are conferred by virtue of this Part on a relevant authority to which Part II of this Act applies are not to be the responsibility of an executive of the authority under executive arrangements.

• (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV — Elections

Meaning of “local authority” and “principal council” in Part IV

84

• (1) In relation to England—

• “local authority” means a principal council or a parish council,

• “principal council” means a county council, a district council or a London borough council.

• (2) In relation to Wales—

• “local authority” means a principal council or a community council,

• “principal council” means a county council or a county borough council.

• (3) This section applies for the purposes of this Part.

Options for elections

85

• (1) For the purposes of this Part as it applies in relation to a principal council for an area in England, the three options for the scheme for the ordinary elections of councillors of such a principal council are those set out in this section.

• (2) The first option is for a scheme under which—

• (a) the term of office of councillors is four years,

• (b) the elections are held in a given year and every fourth year after it,

• (c) all the councillors are elected in each year in which the elections are held, and

• (d) the councillors retire together.

• (3) The second option is for a scheme under which—

• (a) the term of office of councillors is four years,

• (b) the elections are held in a given year and every second year after it,

• (c) one half (or as nearly as may be) of the councillors are elected in each year in which the elections are held, and

• (d) one half (or as nearly as may be) of the councillors retire in each year in which the elections are held.

• (4) The third option is for a scheme under which—

• (a) the term of office of councillors is four years,

• (b) the elections are held in a given year and every year after it other than every third year after it,

• (c) one third (or as nearly as may be) of the councillors are elected in each year in which the elections are held, and

• (d) one third (or as nearly as may be) of the councillors retire in each year in which the elections are held.

Power to specify a scheme for elections

86

• (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.

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A council is specified if it is—

• (a) a principal council (or one of the principal councils) specified by name in the order, or

• (b) a principal council falling within any description of principal council specified in the order.

• (3) An order may make provision in relation to a council if the scheme specified in the order is different from the scheme which prevails (whether by virtue of an earlier order under this section or otherwise) for the ordinary elections of its councillors.

• (4) An order may include provision specifying the years in which the ordinary elections are to be held.

• (5) In a case where the specified scheme is that under the second or third option, an order may include provision for identifying which councillors are to retire in a particular year, and such provision may include—

• (a) provision for identifying the electoral divisions or wards affected,

• (b) provision for identifying the councillors affected within particular electoral divisions or wards.

• (6) Provision under subsection (5) may include—

• (a) provision allowing the Secretary of State to direct councils to propose methods (complying with any guidance he may issue) for identifying electoral divisions, wards or councillors,

• (b) provision allowing him to give directions as to the methods to be adopted (whether those proposed or otherwise).

• (7) An order may include provision designed to secure the transition from a prevailing scheme to the one specified in the order, and such provision may include—

• (a) provision to secure the retirement of existing councillors at times different from those applying under a prevailing scheme,

• (b) in a case where the specified scheme is that under the second or third option, provision for the initial election of all the councillors, for the retirement of some of them before the end of the normal term of four years, and for identifying which of them are so to retire.

Power to change years in which elections held

87

• (1) The Secretary of State may by order make provision which changes the years in which the ordinary elections of councillors of any specified local authority are to be held but which does not change the scheme which prevails (whether by virtue of an order under section 86 or otherwise) for the ordinary elections of those councillors.

• (2) A local authority is specified if it is—

• (a) a local authority (or one of the local authorities) specified by name in the order, or

• (b) a local authority falling within any class or description of local authority specified in the order.

• (3) An order may include provision to secure the retirement of existing councillors at times different from those at which they would otherwise retire.

Separate power to make incidental provisions etc

88

• (1) If the Secretary of State makes an order under section 86 or 87 he may make a separate order containing such incidental, consequential, transitional or supplemental provision as could have been included in the order made under that section.

• (2) This applies whether or not the order under section 86 or 87 itself includes incidental, consequential, transitional or supplemental provision.

Consequential electoral changes

89

• (1) The Local Government Act 1992 is amended as mentioned in subsections (2) and (3).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 6(2)(a) of the Local Government Act 1972 (electoral division of non-metropolitan county to return one councillor) after “Act” insert “ and subject to sections 14(8) and 17(7) of the Local Government Act 1992 ”.

Part V — Miscellaneous

Surcharge etc.

Surcharge etc

90

• (1) The Audit Commission Act 1998 is amended as follows.

• (2) In section 17 (declaration that item of account is unlawful)—

• (a) subsection (1)(b),

• (b) in subsection (2), the words “subject to subsection (3)” and paragraphs (a) and (b), and

• (c) subsections (3), (5)(b), (7) and (8),

are omitted.

• (3) Section 18 (recovery of amount not accounted for etc.) is omitted.

Advisory notices

91

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Sections 20 to 23 of the Audit Commission Act 1998 (prohibition orders) cease to have effect.

Maladministration etc.

Payments in cases of maladministration etc

92

• (1) Where a relevant authority consider—

• (a) that action taken by or on behalf of the authority in the exercise of their functions amounts to, or may amount to, maladministration, and

• (b) that a person has been, or may have been, adversely affected by that action,

the authority may, if they think appropriate, make a payment to, or provide some other benefit for, that person.

• (2) Any function which is conferred on the Greater London Authority under this section is to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.

• (3) In this section—

• “action” includes failure to act,

• “relevant authority” has the same meaning as in Part III of this Act.

Welfare services

Grants for welfare services

93

• (1) The Secretary of State may, with the consent of the Treasury, pay grants to local authorities in England towards expenditure incurred by them

• (a) in providing, or contributing to the provision of, such welfare services as may be determined by the Secretary of State, or

• (b) in connection with any such welfare services.

• (2) The National Assembly for Wales may pay grants to local authorities in Wales towards expenditure incurred by them

• (a) in providing, or contributing to the provision of, such welfare services as may be determined by the Assembly, or

• (b) in connection with any such welfare services.

• (3) The amount of any grants under this section and the manner of their payment are to be such as may be determined by the Secretary of State or the Assembly (as the case may be).

• (4) Grants under this section may be paid—

• (a) to all local authorities,

• (b) to particular local authorities, or

• (c) to particular descriptions of local authority (including descriptions framed by reference to authorities in particular areas).

• (5) Grants under this section may be paid on such terms and conditions as the Secretary of State or, as the case may be, the Assembly may determine; and nothing in subsection (6) affects the generality of this subsection.

• (6) Those terms and conditions may include provision as to the circumstances in which the whole or any part of a grant under this section must be repaid to the Secretary of State or the Assembly.

• (6A) Before making any determination under subsection (3) or (5) the Secretary of State must obtain the consent of the Treasury.

• (7) A local authority must supply the Secretary of State or, as the case may be, the Assembly with such information as he or it may require for the purposes of this section.

• (8) A local authority must have regard to any guidance for the time being issued by the Secretary of State or, as the case may be, the Assembly with respect to the administration and application of grants under this section which are paid to them.

• (9) A local authority must comply with any directions for the time being given by the Secretary of State or, as the case may be, the Assembly with respect to the administration and application of grants under this section which are paid to them.

• (10) Any determination, guidance or directions under this section may make different provision in relation to different local authorities or descriptions of local authority (including descriptions framed by reference to authorities in particular areas).

• (11) Before making any determination, issuing any guidance or giving any directions under this section relating to all local authorities in England or Wales or any description of such authorities, the Secretary of State or (as the case may be) the National Assembly for Wales must consult—

• (a) such local authorities or representatives of local authorities as appear to him or it to be appropriate,

• (b) such recipients, or representatives of recipients, of welfare services as appear to him or it to be appropriate, and

• (c) such providers, or representatives of providers, of welfare services as appear to him or it to be appropriate.

• (12) In this section—

• “local authority” means—in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly,in relation to Wales, a county council or a county borough council,

• “welfare services” includes services which provide support, assistance, advice or counselling to individuals with particular needs.

Disclosure of information

94

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

Unauthorised disclosure of information

95

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

Housing benefit

96

• (1) Section 130 of the Social Security Contributions and Benefits Act 1992 (housing benefit) is amended as follows.

• (2) At the end of subsection (2) there is inserted—

but this subsection is subject to subsection (2A). (2A) Except to the extent that regulations otherwise provide, payments in respect of services which provide support, assistance, advice or counselling to individuals with particular needs are not “payments in respect of a dwelling” for the purposes of subsection (1).

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

(4A) Regulations under subsection (2A) above may make provision with respect to particular areas, particular authorities or particular descriptions of authority.

Access to information

Background papers

97

• (1) In section 100D of the Local Government Act 1972 (inspection of background papers) for subsection (1) there is substituted—

(1) Subject, in the case of section 100C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a principal council are required by section 100B(1) or 100C(1) above to be open to inspection by members of the public— (a) those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and (b) at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the council.

• (2) In subsection (2) the words “of the list, or” are omitted.

Meetings and documents: notice etc

98

• (1) In section 100K of the Local Government Act 1972 (interpretation and application of Part VA), after subsection (2) there is inserted—

(3) The Secretary of State may by order amend sections 100A(6)(a) and 100B(3) and (4)(a) above so as to substitute for each reference to three clear days such greater number of days as may be specified in the order. (4) Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) In Schedule 12 to that Act (meetings and proceedings of local authorities), after paragraph 4 there is inserted—

(4A) (1) The Secretary of State may by order amend paragraph 4(2) above so as to substitute for the reference to three clear days such greater number of days as may be specified in the order. (2) Any statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Allowances and pensions

Allowances and pensions for certain local authority members

99

• (1) The provision which may be made by regulations under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service etc) includes provision for or in connection with the provision of pensions, allowances or gratuities to or in respect of such members of a local authority as may be prescribed by the regulations ; and for the purposes of the application of this subsection to Wales, the reference to pensions and allowances is to be ignored..

• (2) In subsection (1) “local authority” has the same meaning as in Part II of this Act.

• (3) Section 18 of the Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances for local authority members) is amended as follows.

• (4) At the beginning of subsection (1) there is inserted “ Subject to subsection (1A), ” and after that subsection there is inserted—

(1A) In relation to a district council, county council, county borough council or London borough council, subsection (1) above shall have effect with the omission of paragraph (b).

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

(2A) Regulations under this section may authorise or require a scheme made by a district council, county council, county borough council or London borough council to include provision for the payment to members of the council of allowances in respect of such expenses of arranging for the care of children or dependants as are necessarily incurred in the carrying out of their duties as members.

• (6) In subsection (3), for “and (2)” there is substituted “ to (2A) ”.

• (7) After subsection (3) there is inserted—

(3A) Regulations under this section may make provision for or in connection with— (a) enabling district councils, county councils, county borough councils or London borough councils to determine which members of the council are to be entitled to pensions, allowances or gratuities, (b) treating the basic allowance or the special responsibility allowance as amounts in respect of which such pensions, allowances or gratuities are payable. (3B) Regulations under this section may make provision for or in connection with requiring a district council, county council, county borough council or London borough council to establish and maintain a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of the council. (3C) Regulations under this section may make provision for or in connection with enabling a panel established by a body specified in the regulations to exercise such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of such district councils, county councils or London borough councils in England as may be specified in the regulations. (3D) Regulations under this section may make provision for or in connection with the establishment by the National Assembly for Wales on a permanent or temporary basis of a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of county councils and county borough councils in Wales. (3E) Regulations under subsection (3B) above may include provision— (a) with respect to the number of persons who may or must be appointed to the panel of a council, (b) with respect to the persons who may or must be appointed to the panel of a council, (c) for or in connection with the appointment by councils of joint panels. (3F) Regulations under subsection (3C) may include provision— (a) with respect to the number of persons who may or must be appointed to a panel mentioned in that subsection, (b) with respect to the persons who may or must be appointed to such a panel. (3G) Regulations under subsection (3B), (3C) or (3D) may include provision— (a) for or in connection with enabling a panel mentioned in that subsection to make recommendations to a council on the level of allowances payable to members of the council, (b) for or in connection with enabling such a panel to make recommendations to a council as to which members of the council are to be entitled to pensions, allowances or gratuities, (c) which permits different recommendations to be made in relation to different councils or descriptions of council.

• (8) In subsection (4), for the word “and” at the end of paragraph (b) there is substituted—

(ba) make provision with respect to the amendment, revocation or replacement of a scheme made by a relevant authority under the regulations; and

.

• (9) After subsection (5) there is inserted—

(5A) In making or operating any scheme authorised or required by regulations under this section, a district council, county council, county borough council or London borough council shall have regard to any guidance for the time being issued by the Secretary of State.

Power to make provision about allowances

100

• (1) The Secretary of State may by regulations make provision with respect to—

• (a) allowances payable to members of a parish council,

• (b) travelling and subsistence allowances payable to members of such relevant authorities as may be prescribed,

• (c) allowances payable to members of such relevant authorities as may be prescribed for attending conferences or meetings,

• (d) the reimbursement of expenses incurred by members of such relevant authorities as may be prescribed.

• (2) For the purposes of this section a member of a committee or sub-committee of a relevant authority is to be treated as a member of the authority.

• (3) The provision which may be made under subsection (1)(b) includes provision with respect to allowances in respect of travel by bicycle or by any other non-motorised form of transport.

• (4) The provision which may be made under this section includes provision which amends or repeals any provisions of sections 173 to 178 of the Local Government Act 1972.

• (5) Before making any regulations under this section, the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.

• (6) In this section—

• “prescribed” means prescribed by regulations made by the Secretary of State,

• “relevant authority” means—a body specified in section 21(1) of the Local Government and Housing Act 1989,a body on which a body falling within paragraph (a) is represented,a parish council.

• (7) In its application to Wales this section has effect as if—

• (a) for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales,

• (b) for any reference to a parish council there were substituted a reference to a community council.

Indemnification of members and officers of relevant authorities

Indemnification of members and officers of relevant authorities

101

• (1) The Secretary of State may by order make provision for or in connection with conferring power on relevant authorities in England ... to provide indemnities to some or all of their members and officers.

• (2) The National Assembly for Wales may by order make provision for or in connection with conferring power on relevant authorities in Wales ... to provide indemnities to some or all of their members and officers.

• (3) An order under this section may apply—

• (a) to all relevant authorities, or

• (b) to any particular description of relevant authority.

• (4) Before making an order under this section, the Secretary of State or (as the case may be) the National Assembly for Wales must consult—

• (a) such representatives of relevant authorities,

• (b) such representatives of employees of relevant authorities, and

• (c) such other persons,

as he or it considers appropriate.

• (5) In this section—

• “member”, in relation to a relevant authority, includes—a member of any committee or sub-committee of the authority, ora person who is a member of, and represents the authority on, any joint committee or sub-committee,

• “relevant authority” has the same meaning as in Part III of this Act.

Social services functions

Social services functions

102

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Section 6(5) of the Local Authority Social Services Act 1970 (social services director not to discharge non-social services functions without approval of Secretary of State) ceases to have effect.

• (3) After section 1 of that Act there is inserted the following section—

(1A) For the purposes of this Act the social services functions of a local authority are— (a) their functions under the enactments specified in the first column of Schedule 1 to this Act (being the functions which are described in general terms in the second column of that Schedule), and (b) such other of their functions as the Secretary of State may designate by an order made under this section.

Recoupment by local authorities of cost of providing day care

Recoupment by local authorities of cost of providing day care

103

• (1) In subsection (3) of section 29 of the Children Act 1989 (recoupment of cost of providing services etc.), after “subsection (1)” there is inserted “ for a service provided under section 17 or section 18(1) or (5) ”.

• (2) After that subsection there is inserted—

(3A) No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 or of an income-based jobseeker’s allowance.

Prohibition on promoting homosexuality: bullying

Prohibition on promoting homosexuality: bullying

104

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

Part VI — Supplemental

Orders and regulations

105

• (1) Any power to make an order or regulations under this Act is exercisable by statutory instrument.

• (2) Any order or regulations under this Act—

• (a) may contain such incidental, consequential, transitional or supplemental provision or savings as the Secretary of State considers necessary or expedient,

• (b) may make different provision for different cases, authorities or descriptions of authority.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The provision which may be made under subsection (2) includes provision modifying any enactment (whenever passed or made).

• (4) The power under subsection (3) to modify an enactment is a power—

• (a) to apply that enactment with or without modifications,

• (b) to extend, disapply or amend that enactment, or

• (c) to repeal or revoke that enactment with or without savings.

• (5) Subject to subsections (6) and (7), a statutory instrument which contains an order or regulations under this Act is to be subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) Subject to subsection (6A), a statutory instrument which contains an order under section 3(3)..., 6, 9N ... or 101, or regulations under section 9BA, 9HE, 9HF(9), 9HG(11), 9MG or 44, is not to be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (6A) Subsection (6) does not apply to a statutory instrument which contains an order under section 3(3)... or 6 if the order is made only for the purpose of amending an earlier such order—

• (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

• (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.

• (7) Subsection (5) does not apply to a statutory instrument which contains an order under section 108.

• (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.

• (8) In this section “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

Wales

106

• (1) In their application to Wales—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) Part IV, and

• (c) section 105(2),

have effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.

• (2) Section 105(5) to (7) does not apply to an order or regulations under this Act which is made by the National Assembly for Wales.

• (3) Any reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an Act which is amended by this Act is to be treated as referring to that Act as amended by this Act.

• (4) Subsection (3) does not affect the power to make further Orders varying or omitting that reference.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) A statutory instrument which contains an order made by the Welsh Ministers under section 21A(13)(b) or regulations made under section 11(9), section 53(11) or (subject to subsection (6A)) section 54(5) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (6A) Where a statutory instrument contains regulations made under section 54(5) which include provision adding to, replacing or omitting any part of the text of an Act of Parliament or a Measure or Act of the National Assembly for Wales, the instrument may not be made unless a draft of it has been laid before, and approved by a resolution of, the National Assembly for Wales.

• (7) A statutory instrument which contains an order under section 21G or regulations under section 52A(3) or regulations under section 69F 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.

Minor and consequential amendments and repeals

107

• (1) Schedule 5 (minor and consequential amendments) has effect.

• (2) The repeals set out in Schedule 6 have effect.

Commencement

108

• (1) This section and sections 105, 106 and 109 come into force on the day on which this Act is passed.

• (2) The following provisions of this Act—

• (a) Part IV,

• (b) section 104, and

• (c) in Schedule 6, the repeal of paragraph 63 of Schedule 37 to the Education Act 1996,

come into force at the end of the period of two months beginning with the day on which this Act is passed.

• (3) The following provisions of this Act—

• (a) section 90, 91, and 93 to 96,

• (b) in Schedule 5, paragraphs 8, 12, 13, 15, 25, 26 and 34,

• (c) in Schedule 6, the repeal—

• (i) in section 80(1)(e) of the Local Government Act 1972,

• (ii) of sections 94 to 98 and 105 of that Act,

• (iii) in section 265A(1)(b) of that Act,

• (iv) of the provisions of the Local Government Act 1974, the Local Government Act 1985, the Transport Act 1985 and the Financial Services Act 1986 specified in Schedule 6,

• (v) of sections 19, 31 and 32(1) of the Local Government and Housing Act 1989,

• (vi) in Schedule 11 to that Act,

• (vii) of the provisions of the Local Government Finance Act 1992, the Local Government (Wales) Act 1994, the Police and Magistrates’ Courts Act 1994, the Environment Act 1995, the Police Act 1996, the Police Act 1997, the Audit Commission Act 1998 and the Greater London Authority Act 1999 specified in Schedule 6,

come into force on such day as the Secretary of State may by order appoint.

• (4) Subject to subsections (5) and (6), the remaining provisions of this Act come into force at the end of the period of 12 months beginning with the day on which this Act is passed.

• (5) The Secretary of State may by order provide—

• (a) for paragraphs 17 and 18 of Schedule 4 to come into force before the time appointed by subsection (4),

• (b) for paragraph 28 of Schedule 5 to come into force before the time appointed by that subsection,

• (c) for any of the provisions of Part III of this Act so far as they relate to police authorities in Wales to come into force before the time appointed by that subsection, or

• (d) for any of the other provisions mentioned in that subsection to come into force in relation to England before the time appointed by that subsection.

• (6) The National Assembly for Wales may by order provide—

• (a) for paragraph 28 of Schedule 5 to come into force before the time appointed by subsection (4), or

• (b) for any of the other provisions mentioned in that subsection to come into force in relation to Wales before the time appointed by that subsection.

• (7) An order under subsection (3), (5) or (6) may appoint different days for different purposes.

Short title and extent

109

• (1) This Act may be cited as the Local Government Act 2000.

• (2) Subject to subsections (3) and (4), this Act extends to England and Wales only.

• (3) Sections 94 to 96, 105 and 108 extend also to Scotland.

• (4) This section, paragraphs 17 and 18 of Schedule 4 and paragraph 28 of Schedule 5 extend also to Scotland and Northern Ireland.

SCHEDULE 1

Mayor and cabinet executives

1

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

• (2) Subject to section 11(8) and (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) The deputy mayor is entitled to the style of “dirprwy faer”.

Leader and cabinet executives (Wales)

2

• (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a leader and cabinet executive (Wales).

• (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).

• (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) and (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 Local Government Act 1972 does not apply to the function of determining the number of councillors under sub-paragraph (3)(a).

Mayor and council manager executives

3

• (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and council manager executive.

• (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 sub-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.

• (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 Local 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 Local 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 Local 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”.

Procedure

4

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 committees

5

• (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.

• (2) A member of a local authority who is neither 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 assistant

6

• (1) The Welsh 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.

• (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 functions

7

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

8

• (1) In this paragraph “relevant ... authority” means a local authority ... which has education functions.

• (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) 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 Welsh 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 Welsh Ministers 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 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 which has education functions.

• (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 Welsh 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 Welsh Ministers consider appropriate.

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

• (a) enabling the Welsh Ministers to determine, where they 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 Welsh Ministers make any such determination, with such modifications as may be prescribed.

10

Chapter 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.

11

Except for the expression “local authority”, expressions used in paragraphs 8 to 10 and the School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act.

SCHEDULE 2

Application

1

This Schedule applies where there are three or more candidates to be an elected mayor of a local authority in Wales.

Candidate with overall majority of first preference votes

2

If 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 votes

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.

• (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.

SCHEDULE 3

1

• (1) Section 2 of the Local Government Act 1972 (constitution of principal councils in England) is amended as follows.

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (2) After paragraph 5 there is inserted—