Citation, commencement, application and interpretation

1. —(1) This Order may be cited as the Local Authorities (Executive Arrangements) (Modification of Enactments and Further Provisions) (England) Order 2001 and shall come into force on 18th May 2001.

(2) This Order applies to England only( 2 ).

(3) In this Order—

“the 1972 Act” means the Local Government Act 1972( 3 );

“the 1989 Act” means the Local Government and Housing Act 1989( 4 ); and

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

Modification of Acts

2. The 1972 Act, the 1989 Act and the 2000 Act, in their application to England, are modified in accordance with articles 3 to 6.

Arrangements for discharge of functions by local authorities

3. In section 101 of the 1972 Act( 5 ) (arrangements for discharge of functions by local authorities)—

(a) after subsection (1), there shall be inserted—

“ (1A) A local authority may not under subsection (1)(b) above arrange for the discharge of any of their functions by another local authority if, or to the extent that, that function is also a function of the other local authority and is the responsibility of the other authority’s executive.

(1B) Arrangements made under subsection (1)(b) above by a local authority (“the first authority”) with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that,—

(a) the first authority are operating or begin to operate executive arrangements, and that function becomes the responsibility of the executive of that authority; or

(b) the authority with whom the arrangements are made (“the second authority”) are operating or begin to operate executive arrangements, that function is also a function of the second authority and that function becomes the responsibility of the second authority’s executive.

(1C) Subsections (1A) and (1B) above do not affect arrangements made by virtue of section 19 of the Local Government Act 2000 (discharge of functions of and by another authority). ” ; and

(b) after subsection (5), there shall be inserted—

“ (5A) Arrangements made under subsection (5) above by two or more local authorities with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that, the function becomes the responsibility of an executive of any of the authorities.

(5B) Subsection (5A) above does not affect arrangements made by virtue of section 20 of the Local Government Act 2000 (joint exercise of functions). ” .

Appointment of committees

4. In section 102 of the 1972 Act( 6 ) (appointment of committees)—

(a) after subsection (1), there shall be inserted—

“ (1A) For the purpose of discharging any function in pursuance of arrangements made under regulations made under section 18 of the Local Government Act 2000 (discharge of functions by area committees)—

(a) a local authority may appoint a committee of the authority; or

(b) any such committee may appoint one or more sub-committees. ” ( 7 );

(b) in subsections (2) and (3), after “subsection (1)”, in each place where those words appear, there shall be inserted “or (1A)”; and

(c) in subsection (4), after the words “to advise the appointing authority or authorities”, there shall be inserted the words “, or, where the appointing authority or each of the authorities operate executive arrangements, any executive of that or those authorities, or a committee or member of that executive,”.

Standing orders with respect to local authority staff

5. In section 8 of the 1989 Act (duty to adopt standing orders with respect to staff), for paragraph (d) of subsection (4), there shall be substituted—

“ (d) without prejudice to section 191(1) below, special provision in relation to the appointment of persons—

(i) in pursuance of section 9 below;

(ii) for the purposes of functions exercised by joint committees on which relevant authorities are represented; and

(iii) in pursuance of regulations made under paragraph 6 of Schedule 1 to the Local Government Act 2000(mayor’s assistant). ” .

Voting rights of members of joint committees

6. —(1) In section 13 of the 1989 Act( 8 ) (voting rights of members of certain committees: England and Wales)—

(a) after subsection (5), there shall be inserted—

“ (5A) Nothing in this section shall prevent the appointment of a council manager of a local authority, or one other officer of that local authority in his place, as a voting member of a joint committee, or a sub-committee of such a committee, where—

(a) that local authority have a mayor and council manager executive ( 9 ) ; and

(b) the joint committee or the sub-committee has been appointed for the purpose of discharging functions which, as respects that local authority, are the responsibility of that executive. ” ; and

(b) in subsection (9), after the words “In this section—”, there shall be inserted—

• “ “council manager”, “executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000 (arrangements with respect to executives etc. ); and ” .

(2) In paragraph 3 of Schedule 1 to the 2000 Act (executive arrangements: further provision (mayor and council manager executives))—

(a) in sub-paragraph (10), for the words “sub-paragraph (11)”, there shall be substituted the words “sub-paragraphs (11) and (12A)”; and

(b) after sub-paragraph (12), there shall be inserted—

“ (12A) The council manager of a local authority is entitled to vote at a meeting of a joint committee, or sub-committee of such a committee, if—

(a) that joint committee or sub-committee has been appointed for the purpose of discharging functions which, as respects that local authority, are the responsibility of the executive of the local authority; and

(b) the council manager is a member of that joint committee or sub-committee. ” .

Disability for voting on account of interest in contracts, etc.

7. —(1) Where a local authority are operating executive arrangements, sections 94 to 98 of the 1972 Act (restrictions on voting) shall apply as respects members of the authority’s executive, or of a committee of their executive, who are discharging functions of the local authority which are the responsibility of that executive or, as the case may be, that committee, as they apply in respect of members of local authorities, subject to the modification in paragraph (2).

(2) References to meetings of any such executive or, as the case may be, any such committee shall be substituted for references to meetings of the local authority.

(3) This article shall cease to have effect in relation to a local authority when paragraph 12 of Schedule 5 to the 2000 Act (minor and consequential amendments) comes into force in relation to that authority.

Standing orders with respect to local authority contracts

8. —(1) Before a local authority operate executive arrangements under Part II of the 2000 Act they shall make standing orders under section 135 of the 1972 Act (contracts of local authorities) with respect to the making of contracts on their behalf in the course of the discharge of functions which are the responsibility of the executive of that authority.

(2) The standing orders shall include provision for securing that any contract which—

(a) is of or above a value specified in the standing orders by the authority; or

(b) is of a description specified in the standing orders by the authority,

must be in writing.

(3) The function of specifying a value or a description of contracts for the purposes of the provisions required by paragraph (2) shall be discharged by the authority themselves and section 101 of the 1972 Act (arrangements for the discharge of functions by local authorities) shall not apply to that function.

(4) The standing orders shall include provision for securing that any contract to which the provisions required by paragraph (2) apply must—

(a) be made under the authority’s seal and be attested by at least one officer of the authority who, in the case of an authority having a mayor and council manager executive, is not the council manager, whether or not the seal is also attested—

(i) by any member of the authority; or

(ii) in the case of an authority having a mayor and council manager executive, by the council manager; or

(b) be signed by at least two officers of the authority, whether or not the contract is also signed by any member of the authority.

(5) In relation to an authority which are operating executive arrangements on the date on which this Order comes into force, the requirement of paragraph (1) to make the standing orders before they operate executive arrangements shall be treated as a requirement to make the standing orders as soon as reasonably practicable after that date.