Section 11 Local authority executives.C1 I1 C2

England and Wales

F1(1)

The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.

(2)

F2F3The executive may consist of—

(a)

an elected mayor of the authority, and

(b)

two or more councillors of the authority appointed to the executive by the elected mayor.

Such an executive is referred to in this Part as a mayor and cabinet executive.

F4(2A)

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

(3)

F5F6The executive may consist of—

(a)

a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and

(b)

two or more councillors of the authority appointed to the executive by one of the following—

(i)

the executive leader, or

(ii)

the authority.

Such an executive is referred to in this Part as a F7leader and cabinet executive (Wales).

(4)

~~F8F9In the case of any local authority in Wales, the executive may consist of—~~

(a)

~~an elected mayor of the authority, and~~

(b)

~~an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority.~~

Such an executive is referred to in this Part as a mayor and council manager executive.

(5)

F10F11 The executive may take any such form as may be prescribed in regulations made by the F12Welsh Ministers.

(6)

Regulations under subsection (5) may, in particular, provide for—

(a)

a form of executive some or all of the members of which are elected by the local government electors for the authority’s area to a specified post in the executive associated with the discharge of particular functions,

(b)

a form of executive some or all of the members of which are elected by those electors but not to any such post,

(c)

the system of voting that will be used for elections under paragraph (a) or (b).

(7)

A local authority executive may not include the chairman or vice-chairman of the authority.

(8)

The number of members of a mayor and cabinet executive or a leader and cabinet executive F13(Wales) may not exceed 10.

F14(8ZA)

But if two or more councillors are elected to share office as executive leader (by virtue of paragraph 2(2A) of Schedule 1) or are appointed to the executive to share office (by virtue of paragraph 2A of Schedule 1), the number of members of the executive may exceed 10 but not 13; and where the number of members of the executive is—

(a)

11 or 12, at least two of the members must have been elected or appointed to share office;

(b)

13, at least three of the members must have been elected or appointed to share office.

F15(8A)

For the purposes of F16subsections (8) and (8ZA), no account is to be taken of a member appointed to the executive on a temporary basis to cover the absence of a member exercising a right to a family absence under Part 2 of the Local Government (Wales) Measure 2011.

F17(9)

The Welsh Ministers may by regulations amend subsections (8) and (8ZA) so as to provide for different maximum numbers of members of an executive to which those subsections apply; but the power under this subsection may not be exercised so as to provide—

(a)

for a maximum number in subsection (8) which exceeds 10, or

(b)

for a maximum number in subsection (8ZA) which exceeds 13.

F18(9A)

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

(10)

Section 101 of the M1Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under F19subsection F20... (3)(a) or appointing councillors ~~F21 or an officer~~ to the executive under subsection (3)(b)(ii) ~~F22or (4)(b)~~.

Annotations

Commencement

I1: S. 11 wholly in force at 28.7.2001; s. 11 not in force at Royal Assent see s. 108; s. 11 in force at 7.8.2000 in so far as it confers power to make an order or regulations, gives directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 11 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 11(5)(6)(9) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 11 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Notes on Part II

Textual amendments

F1: Words in Pt. II heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 9; S.I. 2012/1008, art. 4(b)

Modifications

C1: Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)
C2: Pt. II extended (1.9.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), ss. 183(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II
C3: Pt. II modified (21.6.2004) by Isles of Scilly (Functions) (Review and Scrutiny of Health Services) Order 2004 (S.I. 2004/1412), arts. 1, 2
C4: Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)
C6: Pt. II modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 10

Section 11 Local authority executives.C1I1C2

Annotations

Textual amendments

Marginal citations

Modifications

Commencement

Notes on Part II

Textual amendments

Modifications

Section 11 Local authority executives.C1 I1 C2