Paragraph 2 I1

England and Wales

(1)

This paragraph applies in relation to executive arrangements by a local authority which provide for a F1leader 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).

F2(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) F3and (8ZA), the executive arrangements must include provision which either—

(a)

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

(b)

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

(4)

Section 101 of the M1Local Government Act 1972 does not apply to the function of determining the number of councillors under F4sub-paragraph (3)(a).

Annotations

Textual amendments

F1: Words in Sch. 1 para. 2(1) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 29(3)
F2: Sch. 1 para. 2(2A) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 7 para. 5(3)(a); S.I. 2021/231, art. 6(u)
F3: Words in Sch. 1 para. 2(3) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 7 para. 5(3)(b); S.I. 2021/231, art. 6(u)
F4: Words in Sch. 1 para. 2(4) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 29(4)

Marginal citations

M1: 1972 c. 70.

Commencement

I1: Sch. 1 para. 2 wholly in force at 28.7.2001; Sch. 1 para. 2 not in force at Royal Assent see s. 108; Sch. 1 para. 2 in force at 26.10.2000 in relation to England only by S.I. 2000/2849, arts. 1(3), 2(c); Sch. 1 para. 2 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Notes on Schedule 1

Textual amendments

F1: Words in Sch. 1 heading inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 72(1)(2); S.I. 2012/1008, art. 4(b)

Notes on Leader and cabinet executives (Wales)

Textual amendments

F1: Sch. 1 para. 2 heading substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 29(1)