Explanatory note

This Order modifies primary and secondary legislation for the purposes of, in consequence of, or for giving full effect to, provisions in Part II of the Local Government Act 2000 (“the 2000 Act”) (arrangements with respect to executives etc.). This Order and the modifications made by it apply to England only.

Article 3 modifies Schedule 1 to the Patriotic Fund Reorganisation Act 1903 so as to exclude a member of an executive of a London borough from appointment to the membership of the constitution of the Royal Patriotic Fund Corporation.

Article 4 modifies section 6 of the Naval and Military War Pensions, &c, Act 1915 so that a mayor of a London borough who is a member of the constitution of the Royal Patriotic Fund Corporation by virtue of the Patriotic Fund Reorganisation Act 1903, cannot appoint a member of an executive to be a member in his place. This section is also modified so that a member of an executive cannot become a co-opted member of the general council of the Corporation.

Article 5 modifies section 245 of the Local Government Act 1972 (“the 1972 Act”) so that where a district council have been granted a borough charter and are operating executive arrangements involving an elected mayor, the chairman or vice-chairman of the council can no longer use the style of mayor or deputy mayor.

Article 6 modifies Part I of Schedule 12 to the 1972 Act to make provision for a principal council which are operating executive arrangements involving an elected mayor, to fix the date of the annual meeting in a year of an election for the return of the elected mayor, which is not a year of ordinary elections of councillors to the council.

Article 7 modifies Part II of Schedule 1 to the Administration of Justice Act 1973 so that where a London borough council are operating executive arrangements involving an elected mayor, the chairman of the council, not the elected mayor, is to undertake certain acts prescribed in the Justices of the Peace Act 1997.

Article 8 modifies section 30 of the Local Government Act 1974 so that where an authority are operating executive arrangements which involve an elected mayor, the Local Commissioner’s report into an investigation is sent to the chairman of the authority.

Article 9 modifies section 24 of the Representation of the People Act 1983 (“the 1983 Act”) so that where a London borough council are operating executive arrangements which involve an elected mayor, the chairman of the council, not the elected mayor, is to be the returning officer for a parliamentary election.

Article 10 modifies section 28 of the 1983 Act so that the chairman of a London borough is included amongst those who discharge the duties of returning officer by virtue of section 24 of the 1983 Act.

Article 11 modifies section 35 of the Local Government Act 1985 so that it is extended to include appointments made by the elected mayor of an authority.

Article 12 modifies paragraph 11 of Schedule 1 to the Defamation Act 1996 to correct an ambiguity caused by the modification made by article 31 of the Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001, and article 31(a) and (c) of that Order are revoked by article 16. Records of public meetings of the executive or committees of the executive and records of decisions made by individual members of an executive are classified as information that is privileged subject to explanation or contradiction in defamation proceedings.

Article 13 amends the forms set out in the Schedule to the Parliamentary Writs Order 1983 so as to include the chairman of a London borough who is a returning officer in a parliamentary election.

Article 14 modifies the Returning Officers (Parliamentary Constituencies) (England) Order 1995 so that where a London borough council listed in Schedule 2 to the Order are operating executive arrangements which involve an elected mayor, the chairman of the council, not the elected mayor, is to be the returning officer in a parliamentary election.