The Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002

• Citation: S.I. 2002/1057
• Sections: 15

Section 1 Citation, commencement, application and interpretation

(1) This Order may be cited as the Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002 and shall come into force on 6th May 2002.

(2) This Order applies to England only .

(3) In this Order—

“the 1972 Act ” means the Local Government Act 1972 ;

“the 1983 Act ” means the Representation of the People Act 1983 ; and

“the 1995 Order ” means the Returning Officers (Parliamentary Constituencies) (England) Order 1995 .

Section 2 Modification of enactments

The following enactments, in their application to England, are modified in accordance with articles 3 to 14—

(a) the Patriotic Fund Reorganisation Act 1903 ;

(b) the Naval and Military War Pensions, &c, Act 1915 ;

(c) the 1972 Act;

(d) the Administration of Justice Act 1973 ;

(e) the Local Government Act 1974 ;

(f) the 1983 Act;

(g) the Local Government Act 1985

(h) the Defamation Act 1996 ;

(i) the Parliamentary Writs Order 1983 ; and

(j) the 1995 Order.

Section 3 Constitution of the Royal Patriotic Fund Corporation

(1) In paragraph 1 of Schedule 1 to the Patriotic Fund Reorganisation Act 1903 (constitution of Corporation)—

(a) in sub-paragraph (c), after “the Greater London Council”, there shall be inserted—

and of the council of any London borough that has a mayor and cabinet executive or a mayor and council manager executive;

(b) in the proviso to sub-paragraph (c), after “some other person”, there shall be inserted—

(other than a member of an executive)

(c) in sub-paragraph (cc), at the end, there shall be inserted—

that does not have a mayor and cabinet executive or a mayor and council manager executive

(d) in sub-paragraph (f), at the end, there shall be inserted—

but none of whom shall be a member of an executive

(2) After paragraph 15, there shall be added—

Interpretation

(16) In paragraph 1, “executive”, “mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000.

Section 4 Provisions as to the Royal Patriotic Fund Corporation

In section 6 of the Naval and Military War Pensions, &c, Act 1915 (provisions as to Corporation)—

(a) in subsection (1), after “some other person”, there shall be inserted—

(other than a member of an executive)

(b) in subsection (2), after “of persons”, there shall be inserted—

(other than members of an executive)

(c) at the end, there shall be added—

(6) In this section, “executive” has the same meaning as in Part II of the Local Government Act 2000.

Section 5 Style of mayor and deputy mayor

In section 245 of the 1972 Act (status of certain districts, parishes and communities), after subsection (4), there shall be inserted—

(4A) Where—

(a) a council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive; and

(b) the chairman or vice-chairman of the council has previously used the style of mayor or deputy mayor by virtue of subsection (4)(b), the chairman or vice-chairman, as the case may be, shall no longer use that style.

Section 6 Meetings and proceedings of local authorities

In paragraph 1(2) of Part I of Schedule 12 to the 1972 Act (meetings and proceedings of local authorities—principal councils), after sub-paragraph (a), there shall be inserted—

(aa) in a year of an election for the return of an elected mayor to the council, which is not a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of an elected mayor or such other day within the twenty-one days immediately following the day of retirement as the council may fix;

Section 7 Justices of the peace

In Part II of Schedule 1 to the Administration of Justice Act 1973 (justices of the peace (consequential re-enactments and amendments)), after paragraph 7, there shall be inserted—

(7A) Where the council of a London borough are operating executive arrangements, which involve a mayor and cabinet executive or a mayor and council manager executive, paragraph 7 shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough”.

(7B) In this Part, “executive arrangements”, “mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000.

Section 8 Reports on investigations

(1) In section 30 of the Local Government Act 1974 (reports on investigations), after subsection (2AA), there shall be inserted—

(2AB) Where an authority are operating executive arrangements which involve a mayor and cabinet executive or mayor and council manager executive, subsection (2) shall have effect as if the words “, or, as the case may be, mayor of that authority” were omitted.

(2) In subsection (1) of section 34 of the Local Government Act 1974 (interpretation of Part III), after the definition of “local authority”, there shall be inserted—

“mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000;

Section 9 Returning officers

(1) In subsection (1) of section 24 of the 1983 Act (returning officers: England and Wales)—

(a) after paragraph (d), there shall be inserted—

(dd) where a council of a London borough are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, paragraph (d) shall have effect as if for the words “the mayor” there were substituted “the chairman”; and

(b) in paragraph (e), after “the mayor”, there shall be inserted “or the chairman”.

(2) After subsection (1) of section 24 of the 1983 Act, there shall be inserted—

(1A) In subsection (1), “executive arrangements”, “mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000.

Section 10 Discharge of returning officer’s functions

In subsection (1)(a) of section 28 of the 1983 Act (discharge of returning officer’s functions in England and Wales), after “the mayor”, there shall be inserted “or the chairman”.

Section 11 Disqualification

In section 35 of the Local Government Act 1985 (disqualification)—

(a) in subsection (1), after “any such office or employment”, there shall be inserted—

or by an elected mayor

(b) at the end, there shall be added—

(4) In this section, “elected mayor”, “executive”, “executive arrangements”, “executive leader” and “leader and cabinet executive” have the same meaning as in Part II of the Local Government Act 2000.

Section 12 Statements privileged subject to explanation or contradiction

In paragraph 11 of Schedule 1 to the Defamation Act 1996 (statements privileged subject to explanation or contradiction)—

(a) in sub-paragraph (1)(a), for “, local authority committee or in the case of a local authority which are operating executive arrangements the executive of that authority or a committee of that executive”, there shall be substituted “or local authority committee”;

(b) after sub-paragraph (1)(a), there shall be inserted—

(aa) in the case of a local authority which are operating executive arrangements, the executive of that authority or a committee of that executive;

(c) in sub-paragraph (2)—

(i) after “In sub-paragraphs (1)(a)”, there shall be inserted “, (1)(aa)”; and

(ii) the definitions of “executive” and “executive arrangements” shall be omitted; and

(d) after sub-paragraph (2), there shall be inserted—

(2A) In sub-paragraphs (1) and (1A)—

“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.

Section 13 Form of notices to Clerk of the Crown

In the Schedule to the Parliamentary Writs Order 1983 (form of notices to Clerk of the Crown), at the end of the forms set out in paragraphs 1 and 2, there shall be added in each case—

Chairman of the London Borough of

Section 14 Returning officers

(1) After article 4A of the 1995 Order (returning officer for a parliamentary election), there shall be inserted—

(4B)

(1) Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, article 4 shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough”.

(2) In this article, “executive arrangements”, “mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000.

(2) In Schedule 2 to the 1995 Order (returning officers for certain borough constituencies in Greater London), in the right-hand column, in the heading after “mayor”, there shall be inserted “or chairman”.

Section 15 Revocation

Paragraphs (a) and (c) of article 31 (statements privileged subject to explanation or contradiction) of the Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001 are hereby revoked.