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The Local Government and Public Involvement in Heath Act 2007
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Summary

Part 3 and Schedule 4 modify the Local Government Act 2000 and introduce a new style leader and cabinet executive model.  Local Authorities in England with the old style Leader and Cabinet executives, such as LB Hillingdon,  have to change to either the new style model or adopt the Directly Elected Mayoral model. They have to draw up proposals which they can make subject to a referendum. Before doing so they have to consult local electors.  A resolution has to be passed at a meeting of the Council specially convened for the purpose. This process has to be completed by 31st Dec 2009.    The Secretary Of State for the Department of Communities and Local Government can however grant an extension.

Step By Step Guide

“Inverted commas”  are used when quoting verbatim from the Act.

Section 74 says Schedule 4 has effect.

Schedule 4 Part 1  3 says Local Authorities with old style Leader & Cabinet Executives:

(1) Must make a change in governance arrangements of the kind set out in section 33A of the LGA 2000 (new form of executive).

(2) Sections 33E, 33F, 33G, 33I(2) and 33J of the LGA 2000 apply to a change in governance arrangements required by this paragraph.   These sections are covered later in this note.

“(4) Any resolution to make the change in governance arrangements must be passed—

(a) at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b) during the permitted resolution period specified in the second column of the following table in relation to the authority.”

The table says:  London Borough: The period ending with 31 December 2009.

“(5) The Secretary of State may by order provide that a permitted resolution period is to end later than the last day of the period specified in the table”.

Sections 33A - 33J of the LGA 2000 are inserted under Section 64 of the LGPIHA.

33A  says that a local authority which is operating executive arrangements may vary the arrangements so that they provide for a different form of executive

33E  says when making such a change the local authority must draw up proposals. These should include a timetable and details of any transitional arrangements.

33E (5) The proposals may provide for the change in governance arrangements to be subject to approval in a referendum.”

“33E (6) Before drawing up its proposals, the local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority's area.”


33E (8) Says that  the proposals mus be published in the local newspapers.

“33F Resolution of local authority

(1) A resolution of a local authority is required in order for the authority to make a change in governance arrangements”.

(2) Section 29(2) applies to a resolution under this section as it applied to a resolution to operate executive arrangements.”  (This refers to the need to make copies of the resolution etc available for inspection and to publish them  in the local newspapers)



Local Gov & Public Involvement in Health Act 2007