Transcript Changing Governance - Varying executive arrangements

CHANGING GOVERNANCE
STRUCTURES
Damien Welfare
21st November 2008
I: Varying Executive Arrangements

Part 3 of the LGPIH, 2007 (ss 62-74)
 Extensively amends Part 2, LGA 2000
 Authorities with directly elected Mayor
unaffected
Forms of executive

LAs with Leader and Cabinet (L&C) model to
move (in England) to one of two permitted
forms:
 1) elected mayor and cabinet
 2) leader and cabinet (England)
 NB: new forms of governance can be introduced
by regulations (s 11(5), LGA)
L&C model in England

Changes in England, from existing L&C model:
 1) discharge of functions via Leader
 2) how executive is appointed
 3) tenure of Leader (and Deputy)
 In Wales, L&C model is unchanged, and elected
mayor and council manager also remains
available
Changing governance

Each authority with L&C to make one round of
changes to governance by end of first “permitted
resolution period”
 ie move to new-style Leader, or Mayor
 Required to move to L&C (Eng) by end of that
period, or SofS has powers to specify
arrangements by order
Changing governance (cont)
Sections 33A –33O inserted into LGA 2000
 S33A- 33D = chge in governance arranges
 s33A: Ldr to Mayor, or vice versa
 s33B: vary exec arranges
 s33C: move from alt. to exec. arrangements
 s33D: vary alt arrangements
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Changing governance (cont)

Change in form of governance (s33A or 33C) takes
effect on third day after “relevant elections”
 ie the next set of elections (after the election of a
mayor, or leader; or after permitted resolution period,
or after passage of resolution)
 Variation (ss33B or 33D) takes place as timetabled
Referendum

Required if either:
 Present exec arrangements were approved by
referendum; or
 Proposals provide for one (s 33M)
 May not be held more than once in 10 years
(England); or 5 years (Wales)
Permitted resolution periods
County:
1) up to 31/12/08
2) day after annual mtg to 31 Dec 2012, or same
period in each fourth year
Met District:
1) up to 31/12/09
2) day after annual mtg to 31 Dec 2013, or same
period in each fourth year
Permitted resolution periods
(cont)
London Boro:
1) up to 31/12/09
2) day after annual mtg to 31 Dec 2013, or same
period in each fourth year
Non met district:
1) up to 31/12/10
2) day after annual mtg to 31 Dec 2014; or same
period in each fourth year
Discharge of functions

Leader acquires same power to make arrangements for
discharge of functions as Mayor: ie Leader may
discharge or allocate all functions
 Discharge of functions in England no longer matter for
exec. arrangements (ie Ldr discharged or allocated only
where no other allocation)
 Former arrangement (s15, LGA) applies only in Wales
Election of Leader

Ss 44A-44H inserted into LGA 2000
 Ldr has standard 4 year term
 Term runs from day of election as Ldr to postelection annual meeting
 Or (if elected in halves, thirds) from annual mtg
to first annual mtg after Ldr’s normal day of
retirement as a councillor.
Removal of Leader

Exec arrangements where L&C may include
provision to remove Ldr, by resolution of
council
 If removed, Ldr to be elected at same meeting,
or subsequent mtg
 But regulations as to election etc of Ldr override
s 44A-E
Deputy Leader

Ldr must appoint one of executive as Deputy
 4 year term, unless resigns, ceases to be
member, or is removed by Ldr
 If vacancy, Ldr has to appoint new deputy
 Deputy acts if Leader unable to act, or
leadership vacant
Appointment of executive

Authority could formerly choose whether:
 a) to determine appointment and term of office
of Cabinet under exec arrangements
 b) Ldr or authority shld determine the number of
the Cabinet
 In England, Ldr will choose number (to 10)
 In Wales, previous position applies
II: New parish councils

Part 4 of LGPIH Act (ss 75-102)
 Districts, unitaries & Ldn boros may create
 Review of community governance, petitions
 Well-being power for eligible parishes
 Parishes may co-opt members
 Parishes may change “style” of title; new styles
Implementation
Mostly in force on 13th February 2008:
 S 75 (names)
 ss 79-102 (Chapter 3, reorganisation)
 s 241 (repeal of LG&RA 1997)
 Schedule 5 (amdts to LGA 1972; save para 7,
withdrawing s137 from eligible parishes)

Chapter 1: names & membership

New names (community, neighbourhood,
village)
 New groups: may be given one new style
 Single parish may change its style; rules for
names in groups
 Power to appoint or co-opt. Regulations.
 Chairman and Vice-Chairman must be elected
members
Chapter 2: well-being power
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Eligible parish council: conditions by order
Power to make order in force, but no order made
No duty to prepare [sustainable] community strategy
(s4, LGA 2000)
Must have regard to SCS of principal council in which
situated
Eligible parish loses s137 power to incur expenditure
Chapter 3: reorganisation

Replaces Part 2, LG&RA 1997
 Decision on creation of parish previously for
SofS, following review by district or unitary, or
petition for parish and council
 LA previously only created council under s16:
eg in area of existing parish, where at least 200
local govt electors, or 150-200 and parish mtg so
resolved
Reorganisation (cont)

White Paper: expectation in favour of creating,
and not abolishing existing ones
 Power to determine outcome of review, and
create parishes, devolved to districts and
unitaries, and extended to London boroughs
(s86; s 102)
Petition for community governance
review

Signatories: 50% of local govt electors where
fewer than 500 electors; 250 in an area of 5002500; 10% where 2500 plus
 [NB previously 250 electors or 10%, whichever
higher]
 Definition of area
 Specification of recommendations wished to be
considered: eg area if new parish
Community governance review

Wide power to conduct review (s 82)
 District, unitary or L Borough must conduct review, on
receipt of petition, unless already reviewing whole or
part of area, or has done in last 2 years.
 If reviewing another area, must modify existing terms
to include, or conduct separate review, or do both so
that terms of reference between them allow petition to
be considered.
Conduct of review

Timescale = 12 months. Regard to guidance.
 Consultation (s 93(3))
 Regard to need to secure that community governance in
area reflects “identities and interests” of the
community, and is “effective and convenient” (s93(4)).
 Must take account of actual or potential other
arrangements for community representation and
“engagement”
Recommendations by review

Which new parish(es), if any, should be
constituted (s87)
 If new parish wd have 1000 or more electors,
must recommend council (s94(2))
 If it would have 150 or fewer, may not unless
any part is already in a parish (s94(3)
 Otherwise, principal council may decide
Recommendations (cont)
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Whether existing parish should be retained, abolished
or altered (s 88(1) and (2); name; whether shld have
council
Electoral arrangemts if council proposed: s89(2))
Considerations as to wards (s 95(3)-(7))
Grouping (s91)
Alteration to boundary of principal council (s92)
Implementation

Decision with reasons published once council decides
whether to give effect to recommendations (s 96(2))
 Council may implement (save where matter for
Electoral Commission) by reorganisation order (s86)
 Order may vary previous order(s), and transfer
property, functions, rights and liabilities
Guidance and Regulations

Guidance on Community Governance Reviews,
DCLG, April 2008
 LG (Parishes and Parish Councils) (Eng) Regs
2008: incidental, consequential etc for purposes
of orders
 LG Finance (New Parishes)(Eng) Regs 2008:
transitional re budgets and precepts of new
parishes