OpenLegislation

The Localism Act 2011 (Local Authority Governance Transitional Provisions) (England) Order 2012

S.I. 2012/1023 · Made 30 March 2012

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Local Government, England

Made 30th March 2012

Laid before Parliament 10th April 2012

Coming into force 4th May 2012

The Secretary of State for Communities and Local Government, in exercise of the powers conferred by section 23 of the Localism Act 2011f1, makes the following Order.

Annotations to the whole text

Footnotes

f1

2011 c.20.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Leader and cabinet executives (England)
  3. 3The committee system
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Localism Act 2011 (Local Authority Governance Transitional Provisions) (England) Order 2012 and comes into force on 4th May 2012.

(2)

In this Order—

  • “the 1972 Act” means the Local Government Act 1972f1; and

  • “the 2000 Act” means the Local Government Act 2000f2.

2Leader and cabinet executives (England)

(1)

In this article—

  • “leader and cabinet executive (England)” has the meaning given by section 9C of the 2000 Actf1; and

  • “local authority” means a local authority which is operating a leader and cabinet executive (England).

(2)

Notwithstanding the commencement of paragraphs 58, 59, 61 and 62 of Schedule 3 to the Localism Act 2011, sections 44A, 44B, 44D and 44E of the 2000 Act continue to apply to a local authority until such time as the local authority makes provision in their executive arrangements in accordance with section 9I of the 2000 Act.

(3)

A local authority must make the provisions required to be included in their executive arrangements under sections 9I and 9IA of the 2000 Act as soon as reasonably practicable after this Order comes into force.

3The committee system

(1)

In this article—

  • “alternative arrangements” has the meaning given by section 32(1) of the 2000 Act;

  • “committee system” has the meaning given by section 9B of the 2000 Actf1;

  • “local authority” means a local authority which is operating alternative arrangements; and

  • “relevant time” means the time immediately after this Order comes into force.

(2)

At the relevant time, a local authority must—

(a)

cease to operate alternative arrangements; and

(b)

start to operate the committee system.

(3)

Paragraph 4 applies where before the relevant time the local authority has—

(a)

made arrangements under section 101 of the 1972 Actf2; or

(b)

made appointments under section 102 of the 1972 Actf3.

(4)

Where this paragraph applies such arrangements or appointments are to continue to have effect under the committee system, but only so far as they comply with regulations made under section 9J of the 2000 Act.

(5)

Any overview and scrutiny committee appointed by the local authority before the relevant time is to be treated as if appointed by resolution under section 9JA(1).

Signature

Signed by authority of the Secretary of State for Communities and Local Government

Andrew Stunell

Parliamentary Under Secretary of State

Department for Communities and Local Government

30th March 2012

Explanatory note

(This note is not part of the Order)

This Order makes transitional provision in relation to sections 21 and 22 of, and Schedules 2 and 3 to, the Localism Act 2011, which inserted new Part 1A into the Local Government Act 2000. Part 1A replaces Part 2 of the Local Government Act 2000 so far as it relates to local authority governance arrangements in England.

Article 2 preserves current rules relates to elections and terms of office of executive leaders in local authorities operating leader and cabinet executives (England), until such time as a local authority makes provision in their executive arrangements under section 9I of the 2000 Act.

Under Part 2 a local authority was required to operate a form of executive arrangements consisting of either a mayor and cabinet or a leader and cabinet. However, a district council in an area for which there is a county council whose resident population on 30 June 1999 was less than 85,000 was allowed to adopt alternative arrangements. The Localism Act abolishes alternative arrangements. Instead under Part 1A of the 2000 Act any local authority in England must operate a mayor and cabinet executive, a leader and cabinet executive, a committee system, or arrangements as may be prescribed by regulations under section 9BA of the 2000 Act. The effect of Article 3 is that local authorities currently operating alternative arrangements are automatically converted at the relevant time specified in the Order so that they operate the committee system under Part 1A.

A full impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.