Section 9K Committee system: change to leader and cabinet executiveF1

This section sets out the circumstances in which a local authority that is operating a committee system must or may move to a leader and cabinet executive.

If the local authority’s committee system is not protected, it must move to a leader and cabinet executive; and no resolution is needed and no referendum is to be held (despite any other provision of this Chapter which would otherwise require or authorise a resolution or referendum).

The local authority must comply with that duty so that it moves to a leader and cabinet executive before the end of the period of one year beginning with the commencement day (the “standard period”) or that period as extended by the Secretary of State in accordance with subsections (3) and (4).

The Secretary of State may extend that period if the Secretary of State considers that it is likely that a dissolution order will be made in relation to the local authority during the period of one year after the end of the standard period.

Any extension of that period—

Before moving to a leader and cabinet executive in accordance with subsection (2), the local authority must—

If the local authority’s committee system is protected, it must undertake and publish a review of whether the local authority should move to a leader and cabinet executive.

The review—

After the review is published, the local authority must act in accordance with subsection (9), (10) or (11).

The local authority must have regard to the review when choosing how to act.

The local authority may pass a resolution to continue to operate the committee system.

Any such resolution must be passed before the end of the 1 year decision period.

The local authority may act in accordance with this Chapter to hold a referendum on moving to a leader and cabinet executive (and then, following the referendum, must act in accordance with this Chapter).

Any such action must be taken so that—

The local authority may act in accordance with this Chapter to move to a leader and cabinet executive without holding a referendum (despite any other provision of this Chapter which would otherwise require a referendum).

Any such action must be taken so that—

If a local authority’s committee system is protected, a petition cannot require a local authority to hold a referendum in accordance with regulations under section 9MC until both—

If the local authority’s committee system is protected, and it retains the committee system after acting in accordance with subsections (6) to (11), it may subsequently move to a leader and cabinet executive in accordance with this Chapter.

This section—

Accordingly the local authority is not to move to a leader and cabinet executive in accordance with any provision of this section after the commencement day or (as the case may be) on or after the day when the dissolution order is made.

For the purposes of this section, a local authority’s committee system is “protected” if the committee system—

In this section—

• “commencement day” means the day on which section 61 of the English Devolution and Community Empowerment Act 2026 comes into force;

• “dissolution order” means an order under section 7 or 10 of the Local Government and Public Involvement in Health Act 2007 providing for the dissolution of a local authority;

• “move to a leader and cabinet executive” means—

  1. (a)

     cease to operate the committee system, and

  2. (b)

     start to operate a leader and cabinet executive (England);

  and related expressions are to be construed accordingly;

• “protected” has the meaning given in subsection (15);

• “relevant protection period”, in relation to a local authority whose committee system is protected, means whichever of the—

  1. (a)

     5 year resolution protection period, and

  2. (b)

     10 year referendum protection period,

  applies to the local authority;

• “1 year decision period” means the period of one year beginning with the day immediately after the last day of the relevant protection period;

• “5 year resolution protection period”, in relation to a resolution under this Part by virtue of which the committee system became the local authority’s governance arrangements, means the period of 5 years beginning with the day on which the resolution was passed;

• “10 year referendum protection period”, in relation to a referendum following which the committee system became or remained the local authority’s governance arrangements, means the period of 10 years beginning with the day on which the referendum was held.