CHANGING GOVERNANCE STRUCTURES

1. CHANGING GOVERNANCESTRUCTURES Damien Welfare 21st November 2008

2. 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

3. 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)

4. 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

5. 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

6. 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

7. 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

8. 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)

9. Permitted resolution periods County: • up to 31/12/08 • day after annual mtg to 31 Dec 2012, or same period in each fourth year Met District: • up to 31/12/09 • day after annual mtg to 31 Dec 2013, or same period in each fourth year

10. 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 Permitted resolution periods (cont)

11. 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

12. 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 post-election 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.

13. 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

14. 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

15. 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

16. 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

17. 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)

18. 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

19. Chapter 2: well-being power 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

20. 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

21. 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)

22. Petition for community governance review Signatories: 50% of local govt electors where fewer than 500 electors; 250 in an area of 500-2500; 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

23. 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.

24. 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”

25. 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

26. Recommendations (cont) 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)

27. 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

28. 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