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Local Government and Public Involvement in Health Act 2007

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Point in time view as at 27/03/2015.

Changes to legislation:

Local Government and Public Involvement in Health Act 2007 is up to date with all changes known to be in force on or before 27 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part 1E+WStructural and boundary change in England

Chapter 1E+WStructural and boundary change

Modifications etc. (not altering text)

Change from two tiers to single tier of local governmentE+W

1“Principal authority” and “single tier of local government”E+W

(1)For the purposes of this Chapter, each of the following is a “principal authority”—

(a)a county council in England;

(b)a district council in England.

(2)For the purposes of this Chapter there is “a single tier of local government” for an area if—

(a)there is a county council and no district councils for that area; or

(b)there is a district council and no county council for that area.

(3)For the purposes of subsection (2)(b) there is a county council “for” an area which is a district if there is a county council which has in relation to that area the functions of a county council.

Commencement Information

I1S. 1 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

2Invitations and directions for proposals for single tier of local governmentE+W

(1)The Secretary of State may invite or direct any principal authority to make one of the following proposals—

(a)a Type A proposal;

(b)a Type B proposal;

(c)a Type C proposal;

(d)a combined proposal.

(2)A Type A proposal is a proposal that there should be a single tier of local government for the area which is the county concerned.

(3)A Type B proposal is a proposal that there should be a single tier of local government for an area which—

(a)is currently a district, or two or more districts, in the county concerned; and

(b)is specified in the proposal.

(4)A Type C proposal is a proposal that there should be a single tier of local government for an area specified in the proposal which currently consists of—

(a)the county concerned or one or more districts in the county concerned; and

(b)one or more relevant adjoining areas.

(5)A combined proposal is a proposal that consists of—

(a)two or more Type B proposals,

(b)two or more Type C proposals, or

(c)one or more Type B proposals and one or more Type C proposals,

but a proposal is not a combined proposal if it includes any Type B or C proposals that are alternatives.

(6)In this section “the county concerned” means—

(a)in relation to a principal authority which is the council for a county, that county;

(b)in relation to a principal authority which is the council for a district, the county in which the district is.

(7)In this section a “relevant adjoining area” means an area which adjoins the county concerned and is currently a county in England, a district in England, or two or more such counties or districts.

(8)An invitation or direction may either—

(a)be such that the authority may choose whether to make a Type A, Type B, Type C or combined proposal; or

(b)specify which one of those kinds of proposal is invited (or, in the case of a direction, required).

(9)Subsection (1) is subject to section 3(1).

Commencement Information

I2S. 2 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

3Invitations, directions and proposals: supplementaryE+W

(1)A direction under section 2—

(a)may not be given after 25 January 2008; and

(b)may be given on or before that date only where the Secretary of State believes that giving the direction would be in the interests of effective and convenient local government.

(2)A direction under section 2 may specify a date by which a proposal must be made.

(3)An invitation under section 2 may specify a date by which a proposal may be made.

(4)A proposal made by virtue of section 2 may not specify an area as one for which there should be a single tier of local government unless the whole or any part of that area is currently a two-tier area (as defined by section 23(2)).

(5)In responding to an invitation under section 2, or complying with a direction under that section, an authority must have regard to any guidance from the Secretary of State as to—

(a)what a proposal should seek to achieve;

(b)matters that should be taken into account in formulating a proposal.

(6)Where invitations or directions under section 2 are given to more than one authority, any authority that has received an invitation or direction may respond to the invitation, or comply with the direction, either by—

(a)making its own proposal in accordance with the invitation or direction; or

(b)making a proposal, in accordance with the invitation or direction, jointly with any of the other authorities.

(7)An invitation or direction under section 2 may be varied or revoked.

(8)But a direction under section 2 may not be varied after 25 January 2008 if—

(a)the direction as originally given required the making of a Type A or Type B proposal; and

(b)the direction as varied would require or permit the making of a Type C or combined proposal.

Commencement Information

I3S. 3 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

4Request for [F1Local Government Boundary Commission's] adviceE+W

(1)This section applies where the Secretary of State receives a proposal in response to an invitation or direction under section 2.

(2)The Secretary of State may request the [F2Local Government Boundary Commission] to advise, no later than a date specified in the request, on any matter that—

(a)relates to the proposal; and

(b)is specified in the request.

(3)The Secretary of State may at any time substitute a later date for the date specified in a request under subsection (2) (or for any date previously substituted under this subsection).

Textual Amendments

Commencement Information

I4S. 4 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

5 [F3Local Government Boundary Commission's] powersE+W

(1)This section applies where the [F4Local Government Boundary Commission] receive a request for advice under section 4.

(2)The [F5Local Government Boundary Commission] may provide the advice requested.

(3)Where they provide that advice, the [F6Local Government Boundary Commission] may also do any of the following that they think appropriate—

(a)recommend that the Secretary of State implements the proposal without modification;

(b)recommend that he does not implement it;

(c)make an alternative proposal to him.

(4)In subsection (3)(a) “the proposal” means the Type A, Type B, Type C or combined proposal to which the request for advice related.

(5)In subsection (3)(c) “an alternative proposal” means—

(a)a proposal that there should be a single tier of local government for an area that—

(i)is, or includes, the whole or part of the county concerned; and

(ii)is specified in the alternative proposal; or

(b)a proposal consisting of two or more proposals that are within paragraph (a) (and are not alternatives to one another).

(6)In this section “the county concerned” means—

(a)the county that, under section 2(6), is the county concerned in relation to the authority which made the proposal referred to in subsection (4) above; or

(b)where that proposal was made by more than one authority, any county that (under section 2(6)) is the county concerned in relation to any of the authorities which made that proposal.

(7)The area specified in an alternative proposal under this section may not extend into any area that is currently outside all local government areas.

Textual Amendments

Commencement Information

I5S. 5 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

6 [F7Local Government Boundary Commission's] procedureE+W

(1)A local authority must if requested by the [F8Local Government Boundary Commission] to do so provide the [F9Commission], by such date as the [F9Commission] may specify, with any information that the [F9Commission] may reasonably require in connection with any of their functions under section 5.

(2)In making a recommendation or alternative proposal under section 5 the [F10Local Government Boundary Commission] must have regard to any guidance from the Secretary of State about the exercise of the [F11Commission's] functions under that section.

(3)Any recommendation or alternative proposal under section 5 must be made no later than the relevant date.

(4)Before making an alternative proposal under section 5(3)(c) the [F12Local Government Boundary Commission] must—

(a)publish a draft of the proposal; and

(b)take such steps as they consider sufficient to secure that persons who may be interested are informed of—

(i)the draft proposal; and

(ii)the period within which representations about it may be made to the [F13Commission].

(5)The [F14Local Government Boundary Commission]—

(a)must take into account any representations made to them within that period; and

(b)if they make any proposal to the Secretary of State, must inform any person who made such representations—

(i)of the proposal made; and

(ii)that representations about the proposal may be made to the Secretary of State until the end of the relevant period.

(6)In subsection (5)(b) “the relevant period” means four weeks beginning with the relevant date.

(7)In this section and section 7 “the relevant date” means the date specified in the request under section 4(2) (or, if a later date is substituted under section 4(3), the date substituted (or last substituted) under that provision).

Textual Amendments

Commencement Information

I6S. 6 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

7Implementation of proposals by orderE+W

(1)Where the Secretary of State has received a proposal in response to an invitation or direction under section 2, he may—

(a)by order implement the proposal, with or without modification;

(b)if he has received an alternative proposal from the [F15Local Government Boundary Commission] under section 5, by order implement that alternative proposal with or without modification; or

(c)decide to take no action.

(2)But where the Secretary of State has made a request under section 4 in relation to the proposal received in response to the invitation or direction, he may not make an order or decision under this section before the end of six weeks beginning with the relevant date (as defined by section 6(7)).

(3)The Secretary of State may not in any case make an order under subsection (1)(a) implementing a proposal unless he has consulted the following about the proposal—

(a)every authority affected by the proposal (except the authority or authorities which made it); and

(b)such other persons as he considers appropriate.

(4)For the purposes of this section an authority is “affected by” a proposal if it is a principal authority for an area which is, or any part of which is, in an area that the proposal suggests should have a single tier of local government.

(5)Subsection (3) does not apply if the proposal was made jointly by every authority affected by it, and in that case the Secretary of State may before making an order under subsection (1)(a) (or deciding not to) consult such other persons as he considers appropriate.

(6)In any case where he has received an alternative proposal from the [F16Local Government Boundary Commission] under section 5, the Secretary of State may request the [F17Commission] to provide him with information or advice on any matter relating to the proposal.

(7)Where they receive such a request the [F18Local Government Boundary Commission] may provide the information or advice requested.

Textual Amendments

Modifications etc. (not altering text)

C2S. 7 restricted (16.12.2010) by Local Government Act 2010 (c. 35), ss. 1(1), 2(2)

Commencement Information

I7S. 7 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

Boundary changeE+W

8Review by [F19Local Government Boundary Commission] of local government areasE+W

(1)The [F20Local Government Boundary Commission] may, either on their own initiative or at the request of the Secretary of State or a local authority, conduct a review of one or more local government areas.

(2)Where they have conducted a review under this section the [F21Local Government Boundary Commission] may (subject to subsection (4)) recommend to the Secretary of State such boundary change as in consequence of the review seems to them desirable.

(3)For the purposes of this section “boundary change” means any of the following or any combination of the following—

(a)the alteration of a local government area boundary;

(b)the abolition of a local government area;

(c)the constitution of a new local government area.

(4)None of the following may be recommended under this section—

(a)a change consisting of the alteration of the boundary of a single-tier area and consequent abolition of an area that is currently two-tier;

(b)a change consisting of the alteration of the boundary of a two-tier area and consequent abolition of an area that is currently single-tier;

(c)a change consisting of the constitution of a new local government area and consequent abolition of an existing local government area, where the new local government area would include—

(i)the whole or part of any area that is currently single-tier; and

(ii)the whole or part of any area that is currently two-tier;

(d)a change consisting of the alteration of a local government area, or constitution of a new local government area, where the altered or new area would extend into an area that is currently outside all local government areas;

(e)a change whose effect would be that England (excluding the Isles of Scilly, the City of London, the Inner Temple and the Middle Temple) is no longer divided into areas each of which is—

(i)a county divided into districts, or comprising one district; or

(ii)a London borough.

(5)Where the [F22Local Government Boundary Commission] have conducted a review under this section and consider that no boundary change is desirable, they may recommend to the Secretary of State that no boundary change should be made.

(6)In considering whether (and, if so, what) boundary change is desirable, the [F23Local Government Boundary Commission] must have regard to—

(a)the need to secure effective and convenient local government; and

(b)the need to reflect the identities and interests of local communities.

[F24(6A)Where under subsection (2) the Local Government Boundary Commission recommend that a boundary change should be made in relation to any local government area, the Commission must recommend to the Secretary of State whether, in consequence, a change should be made to—

(a)the electoral arrangements of the area of a local authority;

(b)the electoral arrangements of the area of a parish council.

(6B)In subsection (6A)(a) “electoral arrangements”, in relation to the area of a local authority means—

(a)the total number of members of the local authority (“councillors”);

(b)the number and boundaries of electoral areas for the purposes of the election of councillors;

(c)the number of councillors to be returned by any electoral area in that area; and

(d)the name of any electoral area.

(6C)In subsection (6A)(b) “electoral arrangements”, in relation to the area of a parish council means—

(a)the total number of members of the parish council (“parish councillors”);

(b)arrangements for the division of the parish or (in the case of a common parish council) any of the parishes into wards for the purposes of the election of parish councillors;

(c)the number and boundaries of any wards;

(d)the number of parish councillors to be returned by any ward or, in the case of a common parish council, by each parish; and

(e)the name of any ward.

(6D)Schedule 2 to the Local Democracy, Economic Development and Construction Act 2009 applies in relation to the making of recommendations under subsection (6A).

(6E)Where under subsection (2) the Local Government Boundary Commission recommend that a boundary change should be made in relation to the area of a London borough council, the Commission must recommend to the Secretary of State whether, in consequence, a change should be made to the area of any constituency for the London Assembly in order to comply with the rules set out in paragraph 7 of Schedule 1 to the Greater London Authority Act 1999.]

(7)In exercising a function under [F25this section], a local authority or the [F26Local Government Boundary Commission] must have regard to any guidance from the Secretary of State about the exercise of that function.

(8)A local authority must if requested by the [F27Local Government Boundary Commission] to do so provide the [F28Commission], by such date as the [F28Commission] may specify, with any information that the [F28Commission] may reasonably require in connection with any of their functions under this section.

Textual Amendments

Commencement Information

I8S. 8 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

9 [F29Local Government Boundary Commission's] review: consultation etcE+W

(1)This section applies where the Boundary Committee conduct a review under section 8.

(2)In conducting the review the [F30Local Government Boundary Commission] must consult—

(a)the council of any local government area to which the review relates; and

(b)such other local authorities, parish councils and other persons as appear to them to have an interest.

(3)Before making any recommendation to the Secretary of State the [F31Local Government Boundary Commission] must—

(a)publish a draft of the recommendation; and

(b)take such steps as they consider sufficient to secure that persons who may be interested are informed of—

(i)the draft recommendation; and

(ii)the period within which representations about it may be made to the [F32Commission].

(4)The [F33Local Government Boundary Commission]—

(a)must take into account any representations made to them within that period; and

(b)if they make any recommendation to the Secretary of State, must inform any person who made such representations—

(i)of the recommendation made; and

(ii)that representations about the recommendation may be made to the Secretary of State until the end of four weeks beginning with the recommendation date.

(5)In this section and section 10 “the recommendation date” means the date the recommendation was sent by the [F34Local Government Boundary Commission] to the Secretary of State.

Textual Amendments

Commencement Information

I9S. 9 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

10Implementation of recommendations by orderE+W

(1)Where the [F35Local Government Boundary Commission] make a recommendation to the Secretary of State under section 8(2), the Secretary of State may do any of the following—

(a)by order implement the recommendation, with or without modification;

(b)decide to take no action with respect to the recommendation;

(c)make a request under section 8 for a further review.

(2)Where the [F36Local Government Boundary Commission] make a recommendation to the Secretary of State under section 8(5) the Secretary of State may—

(a)make a request under section 8 for a further review; or

(b)decide not to make such a request.

[F37(2A)Subsections (2B) to (2D) apply where the Local Government Boundary Commission make a recommendation to the Secretary of State under section 8(6A) or (6E) in consequence of a recommendation under section 8(2).

(2B)Where under subsection (1)(a) the Secretary of State implements the recommendation under section 8(2) without modification, the Secretary of State must by order implement the recommendation under section 8(6A) or (6E).

(2C)Where pursuant to subsection (1)(a) the Secretary of State proposes to implement the recommendation under section 8(2) with modification, the Secretary of State must request the Local Government Boundary Commission to recommend whether a modification is needed to their recommendation under section 8(6A) or (6E).

(2D)Where under section (1)(a) the Secretary of State implements a recommendation under section 8(2) with modification—

(a)if the Local Government Boundary Commission have recommended under subsection (2C) that a modification is needed to their recommendation under section 8(6A) or (6E), the Secretary of State must by order implement the recommendation under section 8(6A) or (6E) with that modification;

(b)if the Local Government Boundary Commission have recommended under subsection (2C) that no modification is needed to the recommendation under section 8(6A) or (6E), the Secretary of State must by order implement that recommendation.]

(3)The Secretary of State may not do as mentioned in paragraph (a), (b) or (c) of subsection (1) or paragraph (a) or (b) of subsection (2) before the end of six weeks beginning with the recommendation date (as defined by section 9(5)).

(4)Before doing as mentioned in any of those paragraphs the Secretary of State may request the [F38Local Government Boundary Commission] to provide him with information or advice on any matter relating to the recommendation.

(5)Where they receive such a request the [F39Local Government Boundary Commission] may provide the information or advice requested.

Textual Amendments

Commencement Information

I10S. 10 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

Implementation of changesE+W

11Implementation orders: provision that may be includedE+W

(1)An order under section 7 or 10 may in particular include provision, for the purpose of implementing a proposal or recommendation or in connection with the implementation of a proposal or recommendation, for or with respect to—

(a)any of the matters mentioned in subsection (3);

(b)any of the matters mentioned in subsection (4) (incidental, consequential etc matters).

(2)In subsection (1) “implementing” includes implementing with modifications and “implementation” is to be read accordingly.

(3)The matters referred to in subsection (1)(a) are—

(a)the constitution of a new local government area;

(b)the abolition of any existing local government area;

(c)the boundary of any local government area;

(d)whether a county or district is to be metropolitan or non-metropolitan;

(e)the establishment, as a county council, district council or London borough council, of an authority for any local government area;

(f)the winding up and dissolution of an existing local authority;

(g)the transfer to a county council of the functions, in relation to an area, of district councils;

(h)the transfer to a district council of the functions, in relation to an area, of a county council.

[F40(i)electoral matters within the meaning of section 12.]

(4)The matters referred to in subsection (1)(b) are—

(a)the name of any local government area;

(b)the name of any local authority;

(c)the boundary of any parish;

F41(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the establishment or membership of public bodies in any area affected by the order and the election of members of such bodies;

(f)the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of any area affected by the order;

(g)the boundary of any police area in England.

(5)For the purposes of subsection (3)(e)—

(a)the “establishment” of an authority as a council for a county includes an existing district council's becoming the county council for the county;

(b)the “establishment” of an authority as a council for a district includes an existing county council's becoming the district council for the district.

(6)The power of the Secretary of State under section 7(1)(a) to implement a proposal with modifications includes power to make provision whose effect is that there will be a single tier of local government for an area (“the area concerned”) that—

(a)includes all or part of an area specified in the proposal as one for which there should be a single tier of local government; but

(b)is not an area that could itself have been so specified.

(7)But subsection (6) does not authorise the area concerned to extend into any area that is currently outside all local government areas.

Textual Amendments

Commencement Information

I11S. 11 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

12Provision relating to membership etc of authoritiesE+W

(1)In [F42section 11(3)] “electoral matters” means any of the following—

(a)the total number of members of any local authority or parish council (“councillors”);

(b)the number and boundaries of electoral areas for the purposes of the election of councillors;

(c)the number of councillors to be returned by any electoral area;

(d)the name of any electoral area;

(e)the election of councillors for any electoral areas;

(f)the order of retirement of councillors;

(g)the election of a mayor of a local authority;

(h)the election of an executive of a local authority;

(i)the appointment by the Secretary of State of members of an existing local authority to be members of a new local authority for a transitional period;

(j)the appointment for a transitional period of an executive of a new local authority;

(k)the functions of a new local authority, and the discharge of those functions, during a transitional period.

[F43(l)the ordinary year of election for a parish council.]

(2)In subsection (1)(i) to (k)—

  • “a new local authority” means a local authority established by the order;

  • “a transitional period” means a period before the coming into office of members of the authority elected at the first election after the establishment of the authority.

(3)In subsection (2) “established” and “establishment” are to be read in accordance with section 11(5).

(4)An order under section 7 or 10 may provide for an electoral division of a non-metropolitan county to return more than one councillor, and in such a case section 6(2)(a) of the Local Government Act 1972 (c. 70) does not apply.

(5)As soon as practicable after the making of an order under section 7 or 10, [F44the Local Government Boundary Commission must consider whether to exercise its power under section 56(2) of the Local Democracy, Economic Development and Construction Act 2009 (electoral reviews)].

F45(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I12S. 12 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

13Implementation orders: further provisionE+W

(1)The power to make an order under section 7 or 10 includes (as well as power to make any provision authorised by section 11(1)(b)) power to make any other incidental, consequential, transitional or supplementary provision.

(2)Subsection (1) is to be read with section 15.

(3)Any incidental, consequential, transitional or supplementary provision included in an order under section 7 or 10 may relate either to other provisions of the order or to a previous order under section 7 or 10 (and the reference in section 12(2) to “the order” accordingly includes a previous order under section 7 or 10).

(4)The Secretary of State must exercise his powers under section 11(4)(g) in such a way as to ensure that none of the following is divided between two or more police areas—

(a)a county in which there are no district councils;

(b)a district;

(c)a London borough.

Commencement Information

I13S. 13 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

14Regulations for supplementing ordersE+W

(1)The Secretary of State may by regulations of general application make incidental, consequential, transitional or supplementary provision—

(a)for the purposes or in consequence of any orders under section 7 or 10; or

(b)for giving full effect to such orders.

(2)Subsection (1) is to be read with section 15.

(3)Regulations under this section have effect subject to any provision included in an order under section 7 or 10.

Commencement Information

I14S. 14 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

15Incidental etc provision in orders or regulationsE+W

(1)In sections 13 and 14 references to incidental, consequential, transitional or supplementary provision include, in particular, provision—

(a)for the transfer of functions, property, rights or liabilities from a local authority or [F46local policing body] for any area to another local authority or [F46local policing body] whose area consists of or includes the whole or part of that area;

(b)for the transfer of property, rights or liabilities, and of related functions, from an authority which ceases to exist to a residuary body established under section 17;

(c)for legal proceedings commenced by or against any body to be continued by or against a body to whom functions, property, rights or liabilities are transferred;

(d)for the transfer of staff, compensation for loss of office, pensions and other staffing matters;

(e)for treating any body to whom a transfer is made for some or all purposes as the same person in law as the body from whom the transfer is made;

(f)with respect to the management or custody of transferred property (real or personal);

[F47(fa)as to who is to be a police and crime commissioner;]

(g)with respect to the functions, areas of jurisdiction and costs and expenses of any public body or of—

(i)any justice of the peace other than a District Judge (Magistrates' Courts);

(ii)any coroner or keeper of the rolls;

(iii)any lord-lieutenant, lieutenant or high sheriff; or

(iv)any other officers (including police officers) within the area of any local authority affected by an order under section 7 or 10;

(h)with respect to the functions of any District Judge (Magistrates' Courts);

(i)with respect to charter trustees;

(j)equivalent to any provision that could be contained in an agreement under section 16 (agreements about incidental matters).

[F48(1A)Provision falling within subsection (1)(fa) includes, in particular—

(a)provision for the police and crime commissioner for a police area affected by an order by virtue of provision made under section 11(4)(g) to become the police and crime commissioner for a police area resulting from the order;

(b)provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.]

(2)Any order under section 7 or 10 or regulations under section 14 may for any incidental, consequential, transitional or supplementary purpose—

(a)modify, exclude or apply (with or without modifications) any enactment;

(b)repeal or revoke any enactment with or without savings.

(3)In subsection (2)—

  • “enactment” includes—

    (a)

    any enactment contained in this Act (other than a provision of this Part) or in an Act passed after this Act;

    (b)

    any instrument made at any time under an enactment (including an enactment contained in this Act or in an Act passed after this Act);

    (c)

    any charter, whenever granted;

  • “modify” includes amend.

[F49(3A)Without prejudice to subsection (2), an order under section 7 or 10 which includes provision within subsection (1A)(b) may, in particular, require the election in question to be held before the alteration of police areas takes effect.]

Textual Amendments

Commencement Information

I15S. 15 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

16Agreements about incidental mattersE+W

(1)Any public bodies affected by an order under section 7 or 10 may from time to time make agreements with respect to—

(a)any property, income, rights, liabilities and expenses (so far as affected by the order) of the parties to the agreement;

(b)any financial relations between the parties to the agreement.

(2)Such an agreement may in particular provide—

(a)for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b)for the making of payments by any party to the agreement in respect of—

(i)property, rights and liabilities so transferred or retained;

(ii)such joint use; or

(iii)the remuneration or compensation payable to any person;

(c)for any such payment to be made by instalments or otherwise;

(d)for interest to be charged on any such instalments.

(3)In default of agreement about any disputed matter, the matter is to be referred to the arbitration of a single arbitrator—

(a)agreed on by the parties; or

(b)in default of agreement, appointed by the Secretary of State.

(4)The arbitrator's award may make any provision that could be contained in an agreement under this section.

(5)In subsection (3) “disputed matter” means any matter that—

(a)could be the subject of provision contained in an agreement under this section; and

(b)is the subject of a dispute between two or more public bodies that is not resolved by or under any order or regulations under this Chapter.

(6)In this section “public body” includes a parish council.

Modifications etc. (not altering text)

C3S. 16 applied (with modifications) by 1972 c. 70, s. 12(2) (as amended) (1.11.2007 for E.) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 1 para. 11(3)(a); S.I. 2007/3136, art. 2(b)

Commencement Information

I16S. 16 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

17Residuary bodiesE+W

(1)The Secretary of State may by order establish one or more bodies corporate (“residuary bodies”) for the purpose of taking over any property, rights or liabilities, and any related functions, of local authorities which cease to exist by virtue of orders under section 7 or 10.

(2)An order under subsection (1) may—

(a)make provision with respect to the constitution and membership of a residuary body;

(b)make provision with respect to the powers of a residuary body to make levies and to borrow and lend money and the treatment and distribution of capital and other money by such a body;

(c)make provision with respect to the keeping and auditing of accounts of a residuary body;

(d)make provision with respect to directions which may be given by the Secretary of State in relation to the carrying out by a residuary body of any of its functions;

(e)make provision enabling the Secretary of State to require a residuary body to submit to him a scheme for the winding up of the body and the disposal of its property, rights and liabilities and related functions.

(3)The Secretary of State may by order provide—

(a)for the transfer to any other body or bodies (including any body or bodies corporate established under the order for the purpose) of any property, rights or liabilities, and any related functions, of a residuary body; and

(b)for giving effect (with or without modifications) to any scheme submitted to him under a provision made by virtue of subsection (2)(e) and for the dissolution of a residuary body.

(4)An order under this section may include incidental, consequential, transitional or supplementary provision, including in particular provision of a kind mentioned in paragraphs (c) to (f) of section 15(1).

(5)Section 15(2) and (3) (power to apply etc enactments) apply to an order under this section as to an order under section 7.

Commencement Information

I17S. 17 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

18Staff commissionsE+W

(1)The Secretary of State may by order establish one or more staff commissions for the purpose of—

(a)considering and keeping under review the arrangements for the recruitment of staff by relevant authorities affected by orders under this Chapter and for the transfer in consequence of any such order of staff employed by such authorities;

(b)considering such staffing problems arising in consequence of such an order, and such other matters relating to staff employed by any such authority, as may be referred to the staff commission by the Secretary of State; and

(c)advising the Secretary of State on the steps necessary to safeguard the interests of such staff.

(2)Such a commission may be established for the whole or any part of England.

(3)The Secretary of State may give directions to a staff commission with respect to their procedure.

(4)The Secretary of State may give directions to any relevant authority affected by an order under this Chapter with respect to—

(a)the provision of any information requested and the implementation of any advice given by a staff commission;

(b)the payment by such an authority of any expenses incurred by a staff commission in doing anything requested by the authority.

(5)Any expenses incurred by a staff commission under this section and not recovered from a relevant authority shall be paid by the Secretary of State out of money provided by Parliament.

(6)The Secretary of State may by order provide for the winding up of any staff commission established under this section.

(7)A direction under this section may be varied or revoked by a subsequent direction.

(8)In this section “relevant authority” means—

(a)a local authority; or

(b)a residuary body established under section 17.

Commencement Information

I18S. 18 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

19Certain county councils to be billing authoritiesE+W

(1)Where an order under this Chapter transfers the functions of district councils in relation to any area to a council for a county consisting of that area, the county council—

(a)shall, for any financial year beginning at the same time as or after that transfer, be a billing authority for the purposes of Part 1 of the Local Government Finance Act 1992 (c. 14) in relation to the area;

(b)shall not, for any such year, be a major precepting authority for those purposes.

(2)This section does not limit any power to make provision by order under this Chapter or any power to make incidental, consequential, transitional or supplementary provision in connection with the provisions of any such order.

(3)In this section “financial year” means 12 months beginning with 1 April.

Commencement Information

I19S. 19 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

SupplementaryE+W

20Correction of ordersE+W

(1)Where—

(a)an order under any provision of this Chapter has been made by the Secretary of State, and

(b)the Secretary of State is satisfied that there is a mistake in the order which cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the Interpretation Act 1978 (c. 30) (power to amend),

the Secretary of State may rectify the mistake by order under this section.

(2)For the purposes of this section, a “mistake” in an order includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.

(3)In subsection (2) “public body” includes a parish council.

Commencement Information

I20S. 20 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

21Pre-commencement invitations etcE+W

(1)In this section a “pre-commencement invitation” means an invitation given by the Secretary of State before the commencement of this Chapter which, after that commencement, could have been given under the power in section 2.

(2)If before the commencement of this Chapter—

(a)a pre-commencement invitation was given,

(b)guidance as to what a proposal should seek to achieve, or as to matters that should be taken into account in formulating a proposal, was given by the Secretary of State in connection with such an invitation,

(c)a proposal was made in response to such an invitation, or

(d)consultation was carried out by the Secretary of State in relation to such a proposal,

it is immaterial that the invitation or guidance was given, the proposal made, or the consultation carried out, before rather than after the commencement of this Chapter.

(3)Accordingly (and without prejudice to the generality of subsection (2))—

(a)any reference in this Chapter to an invitation under section 2 includes a pre-commencement invitation;

(b)any reference in this Chapter to a proposal made by virtue of section 2 includes a proposal (whenever made) made in response to a pre-commencement invitation;

(c)any reference in this Chapter to the Secretary of State's receiving a proposal in response to an invitation under section 2 includes his receiving before the commencement of this Chapter a proposal made in response to a pre-commencement invitation.

Commencement Information

I21S. 21 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

22Consequential amendmentsE+W

Schedule 1 (amendments consequential on this Chapter) has effect.

Commencement Information

I22S. 22 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

23Definitions for purposes of Chapter 1E+W

(1)In this Chapter—

  • F50...

  • “local authority” means a county council in England, a district council in England or a London borough council;

  • “local government area” means a county in England, a district in England or a London borough;

  • [F51“the Local Government Boundary Commission” means the Local Government Boundary Commission for England;]

  • “principal authority” has the meaning given by section 1;

  • “public body” includes—

    (a)

    a local authority;

    (b)

    a police authority;

    (c)

    a residuary body established under section 17;

    (d)

    a joint board, or joint committee, on which a local authority is represented;

    (e)

    a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 (c. 41);

    (f)

    [F52an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

    (g)

    a combined authority established under section 103 of that Act;]

  • “single-tier” has the meaning given by subsection (2);

  • “staff” includes officers and employees;

  • “two-tier” has the meaning given by subsection (2);

  • “Type A”, “Type B”, “Type C” and “combined”, in relation to a proposal, have the meanings given by section 2.

(2)For the purposes of this Chapter an area is—

(a)“single-tier” if there is a single tier of local government for it (within the meaning of section 1) or it is a London borough; and

(b)“two-tier” if it is—

(i)a district for which there is a district council and in relation to which a county council has the functions of a county council; or

(ii)a county for which there is a county council and in which there are districts all of which have district councils.

(3)Any reference in this Chapter to a proposal “in response to” an invitation or direction under section 2 is to a Type A, Type B, Type C or combined proposal which—

(a)is in response to such an invitation or direction; and

(b)is in accordance with the invitation or direction and section 3(4).

(4)Any reference in this Chapter, however framed, to a body affected by an order includes a body—

(a)whose area or functions are affected by the order;

(b)which is to cease to exist in pursuance of the order; or

(c)which is established by or in consequence of the order.

Textual Amendments

Commencement Information

I23S. 23 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

Chapter 2E+WControl of disposals etc

24Authorities dissolved by orders: control of disposals, contracts and reservesE+W

(1)The Secretary of State may direct that, with effect from a date specified in the direction, a relevant authority may not without the written consent of a person or persons so specified—

(a)dispose of any land if the consideration for the disposal exceeds £100,000;

(b)enter into any capital contract—

(i)under which the consideration payable by the relevant authority exceeds £1,000,000; or

(ii)which includes a term allowing the consideration payable by the relevant authority to be varied;

(c)enter into any non-capital contract under which the consideration payable by the relevant authority exceeds £100,000, where—

(i)the period of the contract extends beyond a date specified in the direction; or

(ii)under the terms of the contract, that period may be extended beyond that date; or

(d)include an amount of financial reserves in a calculation under section [F5331A(3) or 42A(3)] of the Local Government Finance Act 1992 (c. 14).

(2)In this Chapter “relevant authority” means a local authority—

(a)which by virtue of an order under section 7 or 10 is to be dissolved; and

(b)which is specified, or of a description specified, in the direction.

(3)In this section—

  • “capital contract” means a contract as regards which the consideration payable by the relevant authority would be capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (c. 26) (capital finance);

  • “non-capital contract” means a contract which is not a capital contract.

(4)A person specified in the direction as a person whose consent is required may be the Secretary of State or such authority or other person as he thinks appropriate; and the direction may specify different persons—

(a)in relation to different matters for which consent is required;

(b)in relation to different relevant authorities or descriptions of relevant authority.

Textual Amendments

Commencement Information

I24S. 24 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

25Directions: further provision about reservesE+W

(1)A direction under section 24—

(a)may provide that the consent of the person or persons specified in the direction is not required for the inclusion, in a calculation under section [F5431A(3) or 42A(3)] of the Local Government Finance Act 1992, of financial reserves of a description specified in the direction;

(b)may, in relation to any authority or description of authority, provide that that consent is not required for the inclusion in such a calculation of an amount of financial reserves not exceeding an amount specified in or determined under the direction.

(2)If a direction contains provision by virtue of subsection (1), the reference in section 24(1)(d) to an amount of financial reserves is to be read as a reference to an amount of financial reserves other than an amount permitted by the direction.

Textual Amendments

Commencement Information

I25S. 25 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

26Directions: supplementaryE+W

(1)In this section “direction” means a direction under section 24.

(2)A consent for the purposes of a direction may be given—

(a)in respect of a particular disposal or contract, or in respect of disposals or contracts of any description;

(b)unconditionally or subject to conditions.

(3)The following enactments have effect subject to any direction—

(a)section 123 of the Local Government Act 1972 (c. 70) (power to dispose of land);

(b)any other enactment relating to the disposal of land by local authorities.

(4)The consent required by a direction is in addition to any consent required by the enactments mentioned in subsection (3)(a) and (b).

(5)Where the consideration or any of the consideration under a contract is not in money, the limits specified in a direction by virtue of section 24(1)(a) to (c) apply to the value of the consideration.

(6)Where—

(a)a question arises in relation to a direction as to the value of any consideration, and

(b)the relevant authority concerned and the person or persons specified under section 24(1) fail to reach agreement,

the value is to be determined by the Secretary of State.

(7)A direction may be varied or revoked by a subsequent direction.

Commencement Information

I26S. 26 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

27Consideration to be taken into account for purposes of directionE+W

(1)In determining whether the limit specified in a direction by virtue of section 24(1)(a) is exceeded in the case of a disposal of land by a relevant authority, the consideration with respect to any other disposal of land made after 31 December 2006 by the relevant authority is to be taken into account.

(2)In determining whether a limit specified in a direction by virtue of section 24(1)(b) or (c) is exceeded in the case of a contract entered into by a relevant authority (“the contract in question”), the consideration payable by the relevant authority under any other relevant contract shall be taken into account.

(3)For the purposes of subsection (2) a “relevant contract” means a contract which is either or both—

(a)a contract entered into after 31 December 2006 by the relevant authority and the person with whom the contract in question is entered into;

(b)a contract entered into after that date by the relevant authority which relates to the same or a similar description of matter as that to which the contract in question relates.

Commencement Information

I27S. 27 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

28Contraventions of directionE+W

(1)A disposal made in contravention of a direction under section 24 is void.

(2)A contract entered into by an authority (“the old authority”) in contravention of a direction under section 24 is not enforceable against a successor.

(3)In subsection (2) a “successor” means a local authority (other than the old authority)—

(a)which is established by an order under section 7 or 10; and

(b)whose area consists of or includes the whole or part of the area of the old authority.

(4)A contract which apart from this subsection would be a certified contract for the purposes of the Local Government (Contracts) Act 1997 (c. 65) is not a certified contract for those purposes if it is entered into in contravention of a direction under section 24.

(5)If an authority includes financial reserves in a calculation under section [F5531A(3)] of the Local Government Finance Act 1992 (c. 14) in contravention of a direction under section 24, the authority is to be treated for the purposes of section 30(8) of that Act as not having made the calculations required by Chapter 3 of Part 1 of that Act.

(6)If an authority includes financial reserves in a calculation under section [F5642A(3)] of that Act in contravention of a direction under section 24, the authority is to be treated for the purposes of section 40(7) of that Act as not having made the calculations required by Chapter 4 of Part 1 of that Act.

Textual Amendments

Commencement Information

I28S. 28 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

29Power to amendE+W

(1)The Secretary of State may by order—

(a)substitute another sum for any sum for the time being specified in section 24(1);

(b)substitute another date for the date for the time being specified in section 27(1) and (3).

(2)An order under this section may include transitional or saving provision.

Commencement Information

I29S. 29 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

30Definitions for purposes of Chapter 2E+W

(1)In this Chapter—

  • “local authority” means a county council in England, a district council in England or a London borough council;

  • “relevant authority” has the meaning given by section 24(2).

(2)References in this Chapter to disposing of land include references to—

(a)granting or disposing of any interest in land;

(b)entering into a contract to dispose of land or grant or dispose of any such interest;

(c)granting an option to acquire any land or any such interest.

Commencement Information

I30S. 30 in force at 1.11.2007 for E. by S.I. 2007/3136, art. 2(a)

Part 2E+WElectoral arrangements

Chapter 1E+WPower of district councils in England to change electoral scheme

Modifications etc. (not altering text)

IntroductoryE+W

31Schemes for electionsE+W

For the purposes of this Chapter—

(a)a council is “subject to a scheme for whole-council elections” if all of its councillors are to be elected in each year in which it holds ordinary elections of councillors;

(b)a council is “subject to a scheme for elections by halves” if one-half (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors;

(c)a council is “subject to a scheme for elections by thirds” if one-third (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors.

Commencement Information

I31S. 31 in force at 30.12.2007, see s. 245(2)

[F5731AMinimum period between resolutions to change electoral schemesE+W

If a council passes a resolution under section 32, 37 or 39 (“the earlier resolution”) it may not pass another resolution under any of those sections before the end of five years beginning with the day on which the earlier resolution is passed.]

Textual Amendments

Power of district councils to change to whole-council electionsE+W

32Resolution for whole-council electionsE+W

(1)A district council in England that is subject to a scheme for elections by halves or by thirds may resolve that it is to be subject instead to the scheme for whole-council elections under section 34.

(2)A resolution under this section is referred to in this Chapter as a “resolution for whole-council elections”.

Commencement Information

I32S. 32 in force at 30.12.2007, see s. 245(2)

33Resolution for whole-council elections: requirementsE+W

(1)A council must comply with this section in passing a resolution for whole-council elections.

(2)The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.

(3)The resolution 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)by a majority of at least two thirds of the members voting on it.

[F58(3A)The resolution must specify the year for the first ordinary elections of the council at which all councillors are to be elected.

(3B)In the case of a district council for a district in a county for which there is a county council, the year specified under subsection (3A) may not be a county-council-elections year; and here “county-council-elections year” means 2013 and every fourth year afterwards.]

F59(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

F60(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I33S. 33 in force at 30.12.2007, see s. 245(2)

34Scheme for whole-council electionsE+W

(1)On passing a resolution for whole-council elections, a council becomes subject to the following electoral scheme.

(2)Ordinary elections of the councillors of the council are to be held in—

[F61(a)the year specified under section 33(3A) in the resolution, and

(b)every fourth year afterwards.]

(3)All councillors are to be elected in each year in which ordinary elections are held.

(4)On the fourth day after ordinary elections are held—

(a)the councillors elected in those elections are to come into office, and

(b)the sitting councillors are to retire.

[F62(4A)Ordinary elections of councillors of the council under the previous electoral scheme are to be held in accordance with that scheme in any year that—

(a)is earlier than the year specified under section 33(3A) in the resolution for whole-council elections, and

(b)is a year in which, under the previous electoral scheme, ordinary elections of councillors of the council are due to be held.

(4B)In subsection (4A) “the previous electoral scheme” means the scheme for the ordinary elections of councillors of the council that applied to it immediately before it passed the resolution for whole-council elections.]

F63(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I34S. 34 in force at 30.12.2007, see s. 245(2)

35PublicityE+W

(1)A council must comply with this section as soon as practicable after passing a resolution for whole-council elections.

(2)The council must produce an explanatory document.

(3)The council must make the explanatory document—

(a)available for public inspection at the council's principal office at all reasonable times, and

(b)available to the public by such other means as the council thinks appropriate.

(4)The council must publicise these matters—

(a)that the council has become subject to the scheme for whole-council elections under section 34;

(b)when elections will first take place in accordance with the scheme;

(c)how the explanatory document is available in accordance with subsection (3);

(d)the address of the council's principal office.

(5)It is for the council to decide how those matters are to be publicised.

(6)An explanatory document is a document which sets out details of the new electoral scheme as it applies to the council.

Commencement Information

I35S. 35 in force at 30.12.2007, see s. 245(2)

36Notice to [F64Local Government Boundary Commission for England] E+W

(1)A council must comply with this section as soon as practicable after passing a resolution for whole-council elections.

(2)The council must give the [F65Local Government Boundary Commission] notice that it has passed the resolution.

[F66(3)In this Chapter, “Local Government Boundary Commission” means the Local Government Boundary Commission for England.]

Textual Amendments

Commencement Information

I36S. 36 in force at 30.12.2007, see s. 245(2)

Power of district councils to revert to partial-council electionsE+W

37Resolution for elections by halvesE+W

(1)A non-metropolitan district council in England that—

(a)was formerly subject to a scheme for elections by halves, but

(b)is for the time being subject to a scheme for whole-council elections,

may resolve that it is to revert to being subject to a scheme for elections by halves.

(2)For the purposes of this section, a council that is subject to a scheme for whole-council elections was “formerly subject” to a scheme for elections by halves if it was subject to such a scheme at any time in the period beginning with—

(a)1 April 1974, or

(b)if later, the date on which the council was created.

(3)A resolution under this section is referred to in this Chapter as a “resolution for elections by halves”.

Commencement Information

I37S. 37 in force at 30.12.2007, see s. 245(2)

38Resolution for elections by halves: requirementsE+W

(1)A council must comply with this section in passing a resolution for elections by halves.

(2)The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.

(3)The resolution 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)by a majority of at least two thirds of the members voting on it.

F67(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

F68(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I38S. 38 in force at 30.12.2007, see s. 245(2)

39Resolution for elections by thirdsE+W

(1)A district council in England that—

(a)was formerly subject to a scheme for elections by thirds, but

(b)is for the time being subject to a scheme for whole-council elections,

may resolve that it is to revert to being subject to a scheme for elections by thirds.

(2)For the purposes of this section, a council that is subject to a scheme for whole-council elections was “formerly subject” to a scheme for elections by thirds if it was subject to such a scheme at any time in the period beginning with—

(a)1 April 1974, or

(b)if later, the date on which the council was created.

(3)A resolution under this section is referred to in this Chapter as a “resolution for elections by thirds”.

Commencement Information

I39S. 39 in force at 30.12.2007, see s. 245(2)

40Resolution for elections by thirds: requirementsE+W

(1)A council must comply with this section in passing a resolution for elections by thirds.

(2)The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.

(3)The resolution 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)by a majority of at least two thirds of the members voting on it.

F69(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

F70(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F70(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I40S. 40 in force at 30.12.2007, see s. 245(2)

41Publicity for resolutionE+W

(1)A council must comply with this section as soon as practicable after passing a resolution for elections by halves or a resolution for elections by thirds.

(2)The council must produce an explanatory document.

(3)The council must make the explanatory document—

(a)available for public inspection at the council's principal office at all reasonable times, and

(b)available to the public by such other means as the council thinks appropriate.

(4)The council must publicise these matters—

(a)that the council has resolved to become subject to the new electoral scheme;

(b)that the [F71Local Government Boundary Commission] is to make provision by order about the operation of, and transition to, the new electoral scheme;

(c)how the explanatory document is available in accordance with subsection (3);

(d)the address of the council's principal office.

(5)It is for the council to decide how these matters are to be publicised.

(6)An explanatory document is a document which sets out details of the new electoral scheme (so far as the details are known at the time the document is prepared).

Textual Amendments

Commencement Information

I41S. 41 in force at 30.12.2007, see s. 245(2)

42Notice to [F72Local Government Boundary Commission] E+W

(1)A council must comply with this section as soon as practicable after passing a resolution for elections by halves or a resolution for elections by thirds.

(2)The council must give the [F73Local Government Boundary Commission] notice that it has passed the resolution.

Textual Amendments

Commencement Information

I42S. 42 in force at 30.12.2007, see s. 245(2)

43 [F74Local Government Boundary Commission] to consider whether electoral review is necessaryE+W

(1)This section applies if the [F75Local Government Boundary Commission] receive notice under section 42 that a council has passed a resolution for elections by halves or a resolution for elections by thirds.

(2)As soon as practicable after receiving the notice, [F76the Local Government Boundary Commission must consider whether to exercise its power under section 56(2) of the Local Democracy, Economic Development and Construction Act 2009] to conduct a review of the district in question (or any part of it).

(3)As soon as practicable after deciding whether or not [F77to conduct such a review, the Local Government Boundary Commission] must give the council notice of the decision.

Textual Amendments

Commencement Information

I43S. 43 in force at 30.12.2007, see s. 245(2)

44 [F78Local Government Boundary Commission] to make order for new electoral schemeE+W

(1)Where the [F79Local Government Boundary Commission] receive notice under section 42 that a council has passed a resolution, they must—

(a)in the case of a resolution for elections by halves, make an order for elections by halves in relation to the council (see sections 45 and 46);

(b)in the case of a resolution for elections by thirds, make an order for elections by thirds in relation to the council (see sections 47 and 48).

[F80(2)But the Local Government Boundary Commission must not make the order—

(a)before it has decided whether or not conduct an electoral review (see section 43(2)), and

(b)if it has decided to conduct such a review, before the review is concluded.]

Textual Amendments

Commencement Information

I44S. 44 in force at 30.12.2007, see s. 245(2)

45Order for elections by halves: years in which elections are to be heldE+W

(1)An order for elections by halves in relation to a council must secure that the ordinary elections of councillors of the council are held in years determined in accordance with this section.

(2)Ordinary elections of the councillors of the council are to be held in—

(a)the first relevant year after the year in which the [F81Local Government Boundary Commission makes] the order, and

(b)each subsequent year for elections by halves.

(3)In this section—

  • “relevant year” means 2011 and every fourth year afterwards;

  • “year for elections by halves” means 2012 and every second year afterwards.

Textual Amendments

Commencement Information

I45S. 45 in force at 30.12.2007, see s. 245(2)

46Orders for elections by halves: councillors to be elected at ordinary electionsE+W

(1)An order for elections by halves in relation to a council must make provision for the election and retirement of councillors in accordance with this section.

(2)In the case of the ordinary elections held in the year determined in accordance with section 45(2)(a)—

(a)all of the councillors are to be elected;

(b)on the fourth day after the elections are held—

(i)the councillors elected in those elections are to come into office, and

(ii)all of the sitting councillors are to retire.

(3)In the case of ordinary elections held subsequently—

(a)one half (or as nearly as may be) of the councillors are to be elected;

(b)on the fourth day after the elections are held—

(i)the councillors elected in those elections are to come into office, and

(ii)the specified sitting councillors are to retire.

(4)The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying—

(a)the wards affected;

(b)the councillors affected within particular wards.

(5)In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.

Commencement Information

I46S. 46 in force at 30.12.2007, see s. 245(2)

47Order for elections by thirds: years in which elections are to be heldE+W

(1)An order for elections by thirds in relation to a council must secure that the ordinary elections of councillors of the council are held in years determined in accordance with this section.

(2)Ordinary elections of the councillors of the council are to be held in—

(a)the first relevant year after the year in which the [F82Local Government Boundary Commission makes] the order, and

(b)each subsequent year, unless it is a fallow year.

(3)In this section—

  • “fallow year” means 2013 and every fourth year afterwards;

  • “relevant year” means—

    (a)

    in relation to a metropolitan district council: 2014 and every fourth year afterwards;

    (b)

    in relation to a non-metropolitan district council: 2011 and every fourth year afterwards.

Textual Amendments

Commencement Information

I47S. 47 in force at 30.12.2007, see s. 245(2)

48Order for elections by thirds: councillors to be elected at ordinary electionsE+W

(1)An order for elections by thirds in relation to a council must make provision for the election and retirement of councillors in accordance with this section.

(2)In the case of the ordinary elections held in the year determined in accordance with section 47(2)(a)—

(a)all of the councillors are to be elected;

(b)on the fourth day after the elections are held—

(i)the councillors elected in those elections are to come into office, and

(ii)all of the sitting councillors are to retire.

(3)In the case of ordinary elections held subsequently—

(a)one third (or as nearly as may be) of the councillors are to be elected;

(b)on the fourth day after the elections are held—

(i)the councillors elected in those elections are to come into office, and

(ii)the specified sitting councillors are to retire.

(4)The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying—

(a)the wards affected;

(b)the councillors affected within particular wards.

(5)In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.

Commencement Information

I48S. 48 in force at 30.12.2007, see s. 245(2)

49Order for elections by halves or elections by thirds: transitional provisionE+W

(1)An order under section 44 (order for elections by halves or for elections by thirds) may include provision about the transition to the council's new electoral scheme.

(2)Provision made by virtue of this section may, in particular, include provision for the retirement of some councillors after their initial election at times different from those otherwise applying, and for identifying which of them are so to retire.

Commencement Information

I49S. 49 in force at 30.12.2007, see s. 245(2)

50Power of [F83Local Government Boundary Commission] to make incidental etc provisionE+W

The [F84Local Government Boundary Commission] may by order make incidental, consequential, transitional or supplemental provision in connection with provision made by order under section 44 (order for elections by halves or for elections by thirds).

Textual Amendments

Commencement Information

I50S. 50 in force at 30.12.2007, see s. 245(2)

51Position if [F85Local Government Boundary Commission] act under existing powersE+W

In a case in which—

[F86(a)the Local Government Boundary Commission decides to conduct an electoral review (see section 43(2)), and

(b)pursuant to that review the Commission makes recommendations for electoral changes,]

nothing in this Chapter requires the Commission to make any provision in relation to matters dealt with, or to be dealt with, by the Commission in an order under [F87section 59 of the Local Democracy, Economic Development and Construction Act 2009] giving effect to those recommendations.

Textual Amendments

Commencement Information

I51S. 51 in force at 30.12.2007, see s. 245(2)

52Publicity for order by [F88Local Government Boundary Commission] E+W

(1)A council must comply with this section as soon as practicable after the [F89Local Government Boundary Commission has] made an order under section 44 (order for elections by halves or for elections by thirds) in relation to it.

(2)The council must produce an explanatory document.

(3)The council must make the explanatory document—

(a)available for public inspection at the council's principal office at all reasonable times, and

(b)available to the public by such other means as the council thinks appropriate.

(4)The council must publicise these matters—

(a)that the council has become subject to the new electoral scheme;

(b)how the explanatory document is available in accordance with subsection (3);

(c)the address of the council's principal office.

(5)It is for the council to decide how these matters are to be publicised.

(6)An explanatory document is a document which sets out details of the new electoral scheme.

Textual Amendments

Commencement Information

I52S. 52 in force at 30.12.2007, see s. 245(2)

Power of district councils to alter years of ordinary elections of parish councillorsE+W

53Power of council to alter years of ordinary elections of parish councillorsE+W

(1)This section applies if a council passes a resolution under this Chapter.

(2)The council may by order make provision that changes the years in which the ordinary elections of parish councillors for any parish situated in the council's area are to be held.

(3)The power may only be exercised so as to secure that those elections are to be held in years in which ordinary elections of district councillors for a ward in which any part of the parish is situated are to be held.

(4)The order may include transitional provision—

(a)for the retirement of existing parish councillors at times different from those otherwise applying;

(b)for the retirement of some parish councillors after their initial election after the order comes into force at times different from those otherwise applying.

Commencement Information

I53S. 53 in force at 30.12.2007, see s. 245(2)

Amendment of existing provisions about schemes for ordinary electionsE+W

54Amendment of existing provisions about schemes for ordinary electionsE+W

(1)In section 7 of the Local Government Act 1972 (c. 70) (elections of councillors) omit subsections (4) to (6).

(2)In section 8 of the Local Government Act 1972 (constitution and membership of London borough councils), omit subsections (2) and (3).

(3)In section 86 of the Local Government Act 2000 (c. 22) (power to specify scheme for elections)—

(a)before subsection (1) insert—

“(A1)The Secretary of State may by order make provision to secure that the scheme for the ordinary elections of councillors of any specified council in England is the scheme under the first option set out in section 85.”;

(b)in subsection (1) after “specified council” insert “ in Wales ”.

(4)If—

(a)a local authority makes a request under section 7(4) of the Local Government Act 1972, and

(b)immediately before subsection (1) above comes into force in relation to that authority, the request has not yet been dealt with,

the repeal of section 7(4) to (6) of the 1972 Act does not apply to the request unless, and until, it is dealt with.

(5)For the purposes of subsection (4) a request under section 7(4) of the 1972 Act is “dealt with” in either of these cases—

(a)if the Secretary of State notifies the local authority that he has decided not to make an order under section 7(6) of the 1972 Act in response to the request;

(b)if the Secretary of State makes an order under section 7(6) in response to the request.

(6)The repeal of section 7(6) or 8(2) of the Local Government Act 1972 or of section 86(1) of the Local Government Act 2000 (so far as it relates to England) does not affect any order made under that provision before its repeal.

Commencement Information

I54S. 54 in force at 30.12.2007, see s. 245(2)

Chapter 2E+WMiscellaneous

Requests for single-member electoral areas in EnglandE+W

F9055Requests for single-member electoral areasE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Electoral Commission and Boundary Committee: reviews and recommendationsE+W

F9056Electoral Commission and Boundary Committee: reviews and recommendationsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9057Procedure in connection with reviewsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Electoral areas in EnglandE+W

58Metropolitan districts: councillors per wardE+W

(1)Section 6 of the Local Government Act 1972 (c. 70) (term of office and retirement of councillors) is amended as follows.

(2)For subsection (2)(b) substitute—

“(b)every metropolitan district shall be divided into wards, each returning such number of councillors as may be provided as mentioned in subsection (3) below;”.

(3)For subsection (3) substitute—

“(3)The number of councillors referred to in subsection (2)(b) or (c) above may be provided—

(a)under or by virtue of the provisions of section 7 below;

(b)by an order under Part 2 of the Local Government Act 1992 (c. 19);

(c)by an order under section 14 of the Local Government and Rating Act 1997 (c. 29);

(d)by an order under Part 1 of the Local Government and Public Involvement in Health Act 2007.”

Commencement Information

I55S. 58 in force at 30.12.2007, see s. 245(2)

59Change of name of electoral areaE+W

(1)A local authority may, by resolution, change the name of any of the authority's electoral areas.

(2)A local authority must comply with subsections (3) to (5) in passing a resolution to change the name of an electoral area.

(3)The local authority must not pass the resolution unless it has taken reasonable steps to consult such persons as it considers appropriate on the proposed name.

(4)The resolution 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)by a majority of at least two thirds of the members voting on it.

(5)If the name of the electoral area is protected, the resolution may not be passed unless the [F91Local Government Boundary Commission] has first agreed to the proposed change.

(6)As soon as practicable after a resolution is passed, the local authority must give notice of the change of name to all of the following—

(a)the [F92Local Government Boundary Commission];

(b)the Boundary Commission for England;

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)if the local authority is a county council, the district council (if any) within whose area the electoral area lies;

(f)if the local authority is a district council, the county council (if any) within whose area the electoral area lies.

(7)The change of name does not take effect until the [F93Local Government Boundary Commission] have been given notice of the change.

(8)For the purposes of this section the name of an electoral area is “protected” if—

(a)the name was given to the electoral area by or in pursuance of an order under section 17 of the Local Government Act 1992 (c. 19)[F94, section 59 of the Local Democracy, Economic Development and Construction Act 2009] or section 14 of the Local Government and Rating Act 1997 (c. 29), and

(b)that order was made during the period of five years ending with the day on which a resolution to change the name is to be passed.

(9)In subsection (4) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

(10)In this section—

  • “electoral area”, in relation to a local authority, means any area for which councillors are elected to the authority;

  • “local authority” means—

    (a)

    a county council in England;

    (b)

    a district council in England; or

    (c)

    a London borough council.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I56S. 59 in force at 30.12.2007, see s. 245(2)

Election datesE+W

60Power to change date of local elections to date of European Parliamentary general electionE+W

(1)In section 37 of the Representation of the People Act 1983 (c. 2) (ordinary days of local elections in England and Wales), after subsection (2) insert—

“(2A)Subsection (1) is subject to any order under—

(a)section 37A (local government areas in England), or

(b)section 37B (local government areas in Wales).”

(2)After that section insert—

“37APower to change date of local elections to date of European Parliamentary general election: England

(1)The Secretary of State may by order provide that in a year in which a European Parliamentary general election is to be held—

(a)the ordinary day of election of councillors for counties in England, districts and London boroughs,

(b)the ordinary day of election of councillors for parishes, and

(c)as respects Authority elections, the day on which the poll is to be held at an ordinary election,

shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

(2)An order under subsection (1) may make provision under all of paragraphs (a) to (c) or under one or more of those paragraphs.

(3)An order under subsection (1) must relate to a single year and must be made at least six months before—

(a)the local election day in that year, or

(b)if earlier, the date of the poll at the European Parliamentary general election in that year.

(4)For this purpose “the local election day” in a particular year is—

(a)the first Thursday in May, or

(b)if an order has been made under section 37(1)(b) (power to change date of council and Assembly elections) in relation to that year, the day specified in the order.

(5)Before making an order under this section, the Secretary of State must consult—

(a)the Electoral Commission, and

(b)such other persons as he considers appropriate.

(6)An order under subsection (1) may make incidental, supplementary or consequential provision or savings.

(7)Where the Welsh Ministers make an order under section 37B, the Secretary of State may by order make such consequential provision in relation to elections in England as he thinks fit.

(8)The powers under subsections (6) and (7) include power to make—

(a)different provision for different purposes;

(b)provision disapplying or modifying the application of an enactment or an instrument made under an enactment.

(9)An order under this section must be made by statutory instrument.

(10)A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

37BPower to change date of local elections to date of European Parliamentary general election: Wales

(1)The Welsh Ministers may by order provide that, in a year in which a European Parliamentary general election is to be held, the ordinary day of election of councillors for—

(a)counties in Wales and county boroughs, and

(b)communities,

shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

(2)An order under subsection (1) may make provision under paragraphs (a) and (b) or under one of those paragraphs.

(3)An order under subsection (1) must relate to a single year and must be made at least six months before—

(a)the local election day in that year, or

(b)if earlier, the date of the poll at the European Parliamentary general election in that year.

(4)For this purpose “the local election day” in a particular year is—

(a)the first Thursday in May, or

(b)if an order has been made under section 37(1)(b) (power to change date of council and Assembly elections) in relation to that year, the day specified in the order.

(5)Before making an order under this section, the Welsh Ministers must consult—

(a)the Electoral Commission, and

(b)such other persons as they consider appropriate.

(6)An order under subsection (1) may make incidental, supplementary or consequential provision or savings.

(7)Where the Secretary of State makes an order under section 37A, the Welsh Ministers may by order make such consequential provision in relation to elections in Wales as they think fit.

(8)The powers under subsections (6) and (7) include power to make—

(a)different provision for different purposes;

(b)provision disapplying or modifying the application of an enactment or an instrument made under an enactment.

(9)An order under this section must be made by statutory instrument.

(10)A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.”

(3)In section 3 of the Greater London Authority Act 1999 (c. 29) (time of ordinary elections), in subsection (3), after “section 37(2)” insert “ or 37A ”.

Commencement Information

I57S. 60 in force at 30.12.2007, see s. 245(2)

Chapter 3E+WConsequential amendments

61Consequential amendmentsE+W

Schedule 2 (electoral arrangements: consequential amendments) has effect.

Commencement Information

I58S. 61 in force at 30.12.2007, see s. 245(2)

Part 3E+WExecutive arrangements for England

62Executive arrangements for EnglandE+W

(1)Section 11 of the Local Government Act 2000 (c. 22) is amended in accordance with this section.

(2)For subsection (1) substitute—

“(1)The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.”

(3)In subsection (2) for the words before paragraph (a) substitute—

“(2)In the case of any local authority in England or Wales, the executive may consist of—”.

F95(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In subsection (3)—

(a)for the words before paragraph (a) substitute—

“(3)In the case of any local authority in Wales, the executive may consist of—”;

(b)in the words after paragraph (b)(ii), for “leader and cabinet executive” substitute “ leader and cabinet executive (Wales) ”.

(6)In subsection (4) for the words before paragraph (a) substitute—

“(4)In the case of any local authority in Wales, the executive may consist of—”.

(7)In subsection (5) for “It” substitute “ In the case of a local authority in England or Wales, the executive ”.

(8)In subsection (9)—

(a)for “amend subsection (8) so as to provide for” substitute “ specify ”;

(b)for “that subsection” substitute “ subsection (8) ”;

F96(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In subsection (10) for “subsection (3)(a)” substitute “ subsection (2A)(a) or (3)(a) ”.

Textual Amendments

Commencement Information

I59S. 62 in force at 30.12.2007, see s. 245(2)

63Discharge of functionsE+W

(1)The Local Government Act 2000 (c. 22) is amended as follows.

(2)For the title of section 14 substitute “ Discharge of functions: general ”.

(3)For section 14(1) substitute—

“(1)Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of—

(a)a mayor and cabinet executive, or

(b)a leader and cabinet executive (England),

are to be discharged in accordance with this section.”

(4)In section 14(2) and (3) for “elected mayor” substitute “ senior executive member ”.

(5)In section 14(4)—

(a)for “elected mayor” substitute “ senior executive member ”;

(b)for “that member” substitute “ the member who may discharge the function ”.

(6)In section 14(5) for “elected mayor” substitute “ senior executive member ”.

(7)In section 14(6)—

(a)for “an elected mayor” substitute “ a senior executive member ”;

(b)for “the elected mayor” substitute “ the senior executive member ”.

F98(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In section 15—

(a)for the title substitute “ Discharge of functions: leader and cabinet executive (Wales) ”;

(b)in subsection (1) for “leader and cabinet executive” substitute “ leader and cabinet executive (Wales) ”.

Textual Amendments

Commencement Information

I60S. 63 in force at 30.12.2007, see s. 245(2)

F9964Changing governance arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

65Referendum following petitionE+W

(1)Section 34 of the Local Government Act 2000 (c. 22) (referendum following petition) is amended in accordance with subsections (2) to (4).

(2)In subsection (1) for the words from “operate” to the end substitute “ operate a relevant form of executive ”.

(3)After subsection (1) insert—

“(1A)In this section “relevant form of executive” means—

(a)in relation to England, an executive which takes such form permitted by or under section 11 as may be specified in the regulations;

(b)in relation to Wales, executive arrangements involving a form of executive for which a referendum is required.”

F100(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I61S. 65 in force at 30.12.2007, see s. 245(2)

66Elected mayorsE+W

(1)Section 39 of the Local Government Act 2000 (elected mayors etc) is amended as follows.

(2)For subsection (5) substitute—

“(5A)A reference in any enactment (whenever passed or made) to—

(a)a member of a local authority, or

(b)a councillor of a local authority,

does not include a reference to an elected mayor of the authority.

(5B)But subsection (5A) is subject to—

(a)regulations made by the Secretary of State under this paragraph which provide that an elected mayor is to be treated as member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and

(b)any other contrary intention that appears in any enactment (whenever passed or made).

(5C)Sections 2(2A) and 21(1A) of, and paragraph 5C(1) of Schedule 2 to, the Local Government Act 1972 are not to be taken to indicate any contrary intention for the purposes of subsection (5B)(b).”

(3)For subsection (6) substitute—

“(6)Elections for the return of an elected mayor of a local authority in England are to take place on the ordinary day of election in each of the relevant election years.

(7)The term of office of an elected mayor of a local authority is to be four years.

(8)This section is subject to regulations under section 41.”

Commencement Information

I62S. 66 in force at 30.12.2007, see s. 245(2)

F10167Leader and cabinet executives (England)E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

68Power to make incidental, consequential provision etcE+W

(1)Section 47 of the Local Government Act 2000 (power to make incidental, consequential provision etc) is amended as follows.

(2)After subsection (3) insert—

“(4)The provision which may be made under subsection (1) includes provision relating to changes in local authority governance arrangements (including changes of the kinds set out in sections 33A to 33D).

(5)That includes—

(a)provision relating to the old governance arrangements, the new governance arrangements, or both kinds of governance arrangements,

(b)provision as to the dates on which and years in which relevant elections may or must be held,

(c)provision as to the intervals between relevant elections, and

(d)provision as to the term of office of any member of any form of executive.

(6)In subsection (5) “relevant election” means—

(a)an election for the return of an elected mayor;

(b)the election by a local authority of the executive leader of a leader and cabinet executive (England).

(7)Nothing in subsection (2), (3), (4) or (5) affects the generality of the power in subsection (1).”

Commencement Information

I63S. 68 in force at 30.12.2007, see s. 245(2)

69Time limit for holding further referendumE+W

(1)Section 45 of the Local Government Act 2000 (c. 22) (provision with respect to referendums) is amended as follows.

(2)For subsection (1) substitute—

“(1)A local authority—

(a)in England may not hold more than one referendum in any period of ten years;

(b)in Wales may not hold more than one referendum in any period of five years.”

F102(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Section 45 as amended by subsection (1) applies to referendums held before, and referendums held after, this section comes into force.

Textual Amendments

Commencement Information

I64S. 69 in force at 30.12.2007, see s. 245(2)

70InterpretationE+W

(1)Section 48 of the Local Government Act 2000 (c. 22) is amended as follows.

(2)In subsection (1) in the definition of “executive leader”, for “section 11(3)(a)” substitute “ section 11(2A)(a) or (3)(a) ”.

F103(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I65S. 70 in force at 30.12.2007, see s. 245(2)

71Larger authorities to cease operating alternative arrangementsE+W

(1)This section applies to a local authority if—

(a)the authority is operating alternative arrangements, and

(b)the resident population of the authority's area on 30th June 1999 was 85,000 or more.

(2)The local authority must draw up proposals for—

(a)ceasing to operate alternative arrangements, and

(b)starting to operate executive arrangements which provide for a leader and cabinet executive (England).

(3)The proposals must include all of the following—

(a)a statement of the extent to which the functions specified in regulations under section 13(3)(b) of the Local Government Act 2000 are to be the responsibility of the leader and cabinet executive (England);

(b)a timetable with respect to the implementation of the proposals;

(c)details of any transitional arrangements which are necessary for the implementation of the proposals.

(4)The timetable must be such as to ensure that the local authority will make the proposed move to executive arrangements no later than the day of the authority's annual meeting in 2009.

(5)After drawing up the proposals, the local authority must—

(a)secure that copies of a document setting out the proposals are available at the authority's principal office for inspection by members of the public at all reasonable times, and

(b)publish in one or more newspapers circulating in its area a notice which—

(i)states that the authority has drawn up the proposals,

(ii)describes the main features of the proposals,

(iii)states that copies of a document setting out the proposals are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and

(iv)specifies the address of the principal office.

(6)A resolution of the local authority is required in order for the authority to adopt the proposed leader and cabinet executive (England).

(7)Section 29(2) of the Local Government Act 2000 (c. 22) applies to a resolution under subsection (6) as it applied to a resolution to operate executive arrangements.

(8)If the local authority passes the resolution under subsection (6), the authority must make the move to the proposed leader and cabinet executive (England) in accordance with the timetable in the proposals.

(9)Executive arrangements which come into operation in accordance with this section are to be treated as being operated after the passing of a resolution of the local authority under section 33F of the Local Government Act 2000.

(10)In complying with this section, the local authority must comply with any directions given by the Secretary of State in connection with this section.

(11)For the purposes of this section the resident population of any area on 30th June 1999 is to be taken to be the Registrar General's estimate of that population on that date.

Commencement Information

I66S. 71 in force at 30.12.2007, see s. 245(2)

72Failure to cease operating alternative arrangementsE+W

(1)This section applies if—

(a)section 71 applies to a local authority, and

(b)it appears to the Secretary of State that the local authority will fail to start to operate a leader and cabinet executive (England) by the day of the authority's annual meeting in 2009.

(2)The Secretary of State may by order specify executive arrangements for the local authority which provide for a leader and cabinet executive (England).

(3)The leader and cabinet executive (England) which is provided for under subsection (2) shall come into operation on the day of the local authority's annual meeting in 2009.

(4)Arrangements which the Secretary of State specifies under subsection (2) are to be treated as having been made by the local authority itself.

(5)Arrangements which come into operation in accordance with subsection (3) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the Local Government Act 2000 (c. 22).

(6)As soon as practicable after executive arrangements are specified under subsection (2), the local authority must comply with the following provisions of the Local Government Act 2000—

(a)section 29(2)(a);

(b)section 29(2)(b)(ii) to (v).

Commencement Information

I67S. 72 in force at 30.12.2007, see s. 245(2)

73Sections 71 and 72: supplementaryE+W

(1)Section 33C of the Local Government Act 2000 does not apply to a local authority to which section 71 applies.

(2)Section 33I(1) of the Local Government Act 2000 is subject to sections 71 and 72.

(3)Subsection (4) applies to a local authority which—

(a)starts to operate a leader and cabinet executive (England) in accordance with section 71 or 72, and

(b)draws up proposals for a change in those governance arrangements of the kind set out in section 33A of the Local Government Act 2000 (new form of executive).

(4)For the purposes of section 33L of the Local Government Act 2000, the first permitted resolution period is to be the period which—

(a)starts with 1 October 2010, and

(b)ends with 31 December 2010;

(rather than the other period ending with 31 December 2010 that is specified in the table in section 33O(5) of the Local Government Act 2000).

(5)Expressions used in section 71 or 72 that are also used in Part 2 of the Local Government Act 2000 have the same meanings in that section as in that Part.

Commencement Information

I68S. 73 in force at 30.12.2007, see s. 245(2)

74Further amendments & transitional provisionE+W

(1)Schedule 3 (executives: further amendments) has effect.

(2)Schedule 4 (new arrangements for executives: transitional provision) has effect.

Commencement Information

I69S. 74(2) in force at Royal Assent, see s. 245(1)

I70S. 74(1) in force at 30.12.2007, see s. 245(2)

Part 4E+WParishes

Chapter 1E+WParishes

75Parishes: alternative stylesE+W

(1)The Local Government Act 1972 (c. 70) is amended as follows.

(2)After section 11 insert—

“11AGrouping: alternative styles

(1)An order under section 11(1) which forms a new group may make the provision set out in subsection (3).

(2)But the order must make that provision in either of these cases—

(a)if at least one of the parishes which is to be grouped does not have an alternative style, and at least one of them does have an alternative style;

(b)if at least one of the parishes which is to be grouped has an alternative style, and at least one of them has a different alternative style.

(3)The provision referred to in subsections (1) and (2) is—

(a)provision that each of the parishes in the group shall have an alternative style, or

(b)provision that each of the parishes in the group which has an alternative style shall cease to have an alternative style.

(4)Provision made by virtue of subsection (3)(a)—

(a)must provide for each of the parishes to have the same alternative style;

(b)may provide for each of the parishes to have an alternative style which any of them already has;

(c)has the effect that each parish in the new group shall cease to have any different alternative style which it had before the provision was made.

(5)An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (6) if—

(a)the parishes in the group do not have an alternative style, and

(b)at least one of the parishes which is to be added has an alternative style.

(6)The provision referred to in subsection (5) is provision that each added parish which has an alternative style shall cease to have an alternative style.

(7)An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (8) if—

(a)the parishes in the group have an alternative style, and

(b)at least one of the parishes which is to be added—

(i)has a different alternative style, or

(ii)does not have any of the alternative styles.

(8)The provision referred to in subsection (7) is provision that each added parish shall (if it does not already have the style) have the same alternative style as the parishes already in the group.

(9)If an order makes provision under subsection (1) or (2) for parishes to have an alternative style, the group shall have the appropriate one of the following styles—

(a)“group of communities”;

(b)“group of neighbourhoods”;

(c)“group of villages”.

(10)As soon as practicable after making an order which includes any provision under this section, the council which makes the order must give notice of the change of style to all of the following—

(a)the Secretary of State;

(b)the Electoral Commission;

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)any district council or county council within whose area the parish lies.

11BDe-grouping: alternative styles

(1)This section applies if—

(a)the parishes in a group of parishes have an alternative style, and

(b)an order under section 11(4) dissolves the group or separates one or more parishes from the group.

(2)The order under section 11(4) must provide for each de-grouped parish to continue to have the alternative style.

(3)In subsection (2) “de-grouped parish” means—

(a)in the case of dissolution of the group, each parish in the group;

(b)in the case of separation of one or more parishes from the group, each parish that is separated.”

(3)After section 12 insert—

“12AParishes: alternative styles

(1)This section applies to a parish which is not grouped with any other parish.

(2)The appropriate parish authority may resolve that the parish shall have one of the alternative styles.

(3)If the parish has an alternative style, the appropriate parish authority may resolve that the parish shall cease to have that style.

(4)A single resolution may provide for a parish—

(a)to cease to have an alternative style, and

(b)to have another of the alternative styles instead.

(5)As soon as practicable after passing a resolution under this section, the appropriate parish authority must give notice of the change of style to all of the following—

(a)the Secretary of State;

(b)the Electoral Commission;

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)any district council, county council or London borough council within whose area the parish lies.

(6)In this section “appropriate parish authority” means—

(a)the parish council, or

(b)if the parish does not have a parish council, the parish meeting.

12BGroups of parishes: alternative styles

(1)This section applies to a group of parishes.

(2)The common parish council of the group may resolve that each of the grouped parishes shall have the same alternative style.

(3)If each of the grouped parishes has an alternative style, the common parish council of the group may resolve that each of the grouped parishes shall cease to have that style.

(4)A single resolution may provide for each of the grouped parishes—

(a)to cease to have an alternative style, and

(b)to have the same one of the other alternative styles instead.

(5)If the common parish council passes a resolution under this section for each of the grouped parishes to have an alternative style, the group of parishes shall have the appropriate one of the following styles—

(a)“group of communities”;

(b)“group of neighbourhoods”;

(c)“group of villages”.

(6)As soon as practicable after passing a resolution under this section, the common parish council of a group must give notice of the change of style to all of the following—

(a)the Secretary of State;

(b)the Electoral Commission;

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)any district council, county council or London borough council within whose area the group lies.”

(4)In section 13 (constitution of parish meeting etc) after subsection (5) insert—

“(5A)If the parish has the style of community—

(a)the parish meeting shall have the style of “community meeting”;

(b)the parish trustees shall be known by the name of “The Community Trustees” with the addition of the name of the community.

(5B)If the parish has the style of neighbourhood—

(a)the parish meeting shall have the style of “neighbourhood meeting”;

(b)the parish trustees shall be known by the name of “The Neighbourhood Trustees” with the addition of the name of the neighbourhood.

(5C)If the parish has the style of village—

(a)the parish meeting shall have the style of “village meeting”;

(b)the parish trustees shall be known by the name of “The Village Trustees” with the addition of the name of the village.”

(5)In section 14 (constitution and powers of parish council), after subsection (2) insert—

“(2A)If the parish has the style of community, the council shall be known by the name “The Community Council” with the addition of the name of the community.

(2B)If the parish has the style of neighbourhood, the council shall be known by the name “The Neighbourhood Council” with the addition of the name of the neighbourhood.

(2C)If the parish has the style of village, the council shall be known by the name “The Village Council” with the addition of the name of the village.

(2D)If parishes are grouped under a common parish council—

(a)subsection (2), (2A), (2B) or (2C) (as appropriate) applies to that council as the subsection would apply in the case of the council of an individual parish; but

(b)the names of all of the parishes, communities, neighbourhoods or villages in the group are to be included in the name of the common council.”

(6)In section 15 (chairman and vice-chairman of parish council or meeting), after subsection (10) insert—

“(11)If the parish has the style of community, the chairman and vice-chairman shall (respectively) have the style—

(a)“chairman of the community council”;

(b)“vice-chairman of the community council”.

(12)If the parish has the style of neighbourhood, the chairman and vice-chairman shall (respectively) have the style—

(a)“chairman of the neighbourhood council”;

(b)“vice-chairman of the neighbourhood council”.

(13)If the parish has the style of village, the chairman and vice-chairman shall (respectively) have the style—

(a)“chairman of the village council”;

(b)“vice-chairman of the village council”.

(14)If parishes which have an alternative style are grouped under a common parish council, subsection (11), (12) or (13) (as appropriate) applies to the chairman and vice-chairman of that council as the subsection would apply in the case of the council of an individual parish.”

(7)In section 16 (parish councillors), after subsection (5) insert—

“(6)If the parish has the style of community, the councillors shall have the style of “councillors of the community council”.

(7)If the parish has the style of neighbourhood, the councillors shall have the style of “councillors of the neighbourhood council”.

(8)If the parish has the style of village, the councillors shall have the style of “councillors of the village council”.

(9)If parishes which have an alternative style are grouped under a common parish council, subsection (6), (7) or (8) (as appropriate) applies to the councillors of that council as the subsection would apply in the case of the council of an individual parish.”

(8)Before section 18 (and the cross-heading preceding it) insert—

“17AAlternative styles: supplementary

(1)This section applies for the purposes of sections 9 to 16A.

(2)“Alternative style” means one of the following styles—

(a)“community”;

(b)“neighbourhood”;

(c)“village”.

(3)References to a parish having an alternative style, or a particular alternative style, are references to the parish having that style by virtue of—

(a)a relevant order, or

(b)a resolution under section 12A or 12B.

(4)The provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style are subject to any resolution under section 12A or 12B relating to that parish.

(5)A resolution under section 12A or 12B relating to a parish is subject to any provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style.

(6)A parish shall cease to have an alternative style if the parish begins to have the status of a town by virtue of section 245(6).

(7)In this section “relevant order” means an order under—

(a)section 11 of this Act, or

(b)section 86 of the Local Government and Public Involvement in Health Act 2007.”

Commencement Information

I71S. 75 in force at 13.2.2008 by S.I. 2008/337, art. 2(a)

76Appointed councillorsE+W

(1)The Local Government Act 1972 (c. 70) is amended as follows.

(2)In section 15 (chairman and vice-chairman of parish council)—

(a)in subsection (1) after “from among the” insert “ elected ”;

(b)in subsection (6) for “a member” substitute “ one of the elected members ”.

(3)In section 16 (parish councillors), in subsection (1) after “number of” insert “ elected ”.

(4)After section 16 insert—

“16AAppointed councillors

(1)A parish council may appoint persons to be councillors of the council.

(2)The Secretary of State may by regulations make provision about—

(a)the appointment of persons under this section;

(b)the holding of office after appointment under this section.

(3)The regulations may, in particular, make provision about any of the following matters—

(a)persons who may be appointed;

(b)the number of persons who may be appointed;

(c)the term of office of persons appointed;

(d)the right of persons appointed to participate in decision-making by the council (including voting);

(e)purposes for which a person appointed is to be treated as an elected councillor;

(f)the filling of vacancies.

(4)In exercising a function under or by virtue of this section a parish council must have regard to any guidance issued by the Secretary of State about the exercise of that function.

(5)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I72S. 76 in force at 1.4.2008 for specified purposes by S.I. 2008/917, art. 4

Chapter 2E+WPower to promote well-being

77Extension of power to certain parish councilsE+W

(1)Section 1 of the Local Government Act 2000 (c. 22) (meaning of local authority in Part 1 of 2000 Act) is amended as follows.

(2)The provision of that section becomes subsection (1) of section 1.

(3)In subsection (1), after paragraph (a)(v) insert—

“(vi)an eligible parish council,”.

(4)After subsection (1) insert—

“(2)A parish council is “eligible” for the purposes of this Part if the council meets the conditions prescribed by the Secretary of State by order for the purposes of this section.”

Commencement Information

I73S. 77 in force at 1.4.2008 for specified purposes by S.I. 2008/917, art. 5

I74S. 77 in force at 31.12.2008 in so far as not already in force by S.I. 2008/3110, art. 3(a)

78Community strategiesE+W

(1)The Local Government Act 2000 is amended as follows.

F104(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)After section 4 (strategies for promoting well-being) insert—

“4AStrategies: parishes

(1)The duty in section 4 to prepare a community strategy does not apply to an eligible parish council.

(2)But in exercising the power under section 2(1), an eligible parish council must have regard to any community strategy prepared by a relevant principal council.

(3)In this section “relevant principal council”, in relation to a parish council, means any county council, district council or London borough council whose area the parish lies within.”

Textual Amendments

Commencement Information

I75S. 78 in force at 31.12.2008 by S.I. 2008/3110, art. 3(b)

Chapter 3E+WReorganisation

Modifications etc. (not altering text)

Key terms usedE+W

79Community governance reviewsE+W

(1)A community governance review is a review of the whole or part of the principal council's area, for the purpose of making recommendations of the kinds set out in sections 87 to 92 (if, and so far as, those sections are applicable).

(2)In undertaking a community governance review the principal council must comply with—

(a)this Chapter, and

(b)the terms of reference of the review.

(3)A district council which is to undertake a community governance review must notify the county council for its area (if any)—

(a)that the review is to be undertaken, and

(b)of the terms of reference of the review (including any modification of those terms).

Modifications etc. (not altering text)

Commencement Information

I76S. 79 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

80Community governance petitionsE+W

(1)A community governance petition is a petition for a community governance review to be undertaken.

(2)A petition is not a valid community governance petition unless the conditions in subsections (3) to (6) are met (so far as they are applicable).

(3)The petition must be signed as follows—

(a)if the petition area has fewer than 500 local government electors, the petition must be signed by at least [F10537.5%] of the electors;

(b)if the petition area has between 500 and 2,500 local government electors, the petition must be signed by at least [F106187] of the electors;

(c)if the petition area has more than 2,500 local government electors, the petition must be signed by at least [F1077.5%] of the electors.

(4)The petition must—

(a)define the area to which the review is to relate (whether on a map or otherwise), and

(b)specify one or more recommendations which the petitioners wish a community governance review to consider making.

(5)If the specified recommendations include the constitution of a new parish, the petition must define the area of the new parish (whether on a map or otherwise).

(6)If the specified recommendations include the alteration of the area of an existing parish, the petition must define the area of the parish as it would be after alteration (whether on a map or otherwise).

(7)If the specified recommendations include the constitution of a new parish, the petition is to be treated for the purposes of this Chapter as if the specified recommendations also include the recommendations in section 87(5) to (7).

(8)If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the petition is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).

Textual Amendments

Commencement Information

I77S. 80 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

[F10880A.Community governance applicationsE+W

(1)A community governance application is an application for a community governance review to be undertaken.

(2)An application is not a valid community governance application unless the conditions in subsections (3) to (7) are met (so far as they are applicable).

(3)The application may be made only by an organisation or body designated as a neighbourhood forum under section 61F of the Town and Country Planning Act 1990.

(4)The application must relate to the whole or any part of an area specified in a neighbourhood development plan made under section 38A of the Planning and Compulsory Purchase Act 2004.

(5)The application must—

(a)define the area to which the review is to relate (whether on a map or otherwise), and

(b)specify one or more recommendations which the applicant wishes a community governance review to consider making.

(6)If the specified recommendations include the constitution of a new parish, the application must define the area of the new parish (whether on a map or otherwise).

(7)If the specified recommendations include the alteration of the area of an existing parish, the application must define the area of the parish as it would be after alteration (whether on a map or otherwise).

(8)If the specified recommendations include the constitution of a new parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include the recommendations in section 87(5) to (7).

(9)If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).]

Textual Amendments

81Terms of reference of reviewE+W

(1)The terms of reference of a community governance review are the terms on which the review is to be undertaken.

(2)The terms of reference of a community governance review must specify the area under review.

(3)Sections 83 and 84 make further provision about the terms of reference of community governance reviews.

(4)Subject to subsection (2), and sections 83 and 84, it is for a principal council—

(a)to decide the terms of reference of any community governance review which the council is to undertake; and

(b)to decide what modifications (if any) to make to terms of reference.

(5)As soon as practicable after deciding terms of reference, the principal council must publish the terms.

(6)As soon as practicable after modifying terms of reference, the principal council must publish the modified terms.

Commencement Information

I78S. 81 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

Undertaking community governance reviewsE+W

82Council's power to undertake reviewE+W

A principal council may undertake a community governance review.

Commencement Information

I79S. 82 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

83No review being undertaken: duty to respond to petition [F109or application] E+W

(1)This section applies if these conditions are met—

(a)a principal council is not in the course of undertaking a community governance review;

(b)the council receives a community governance petition [F110or community governance application] which relates to the whole or part of the council's area.

(2)The principal council must undertake a community governance review that has terms of reference that allow for the petition [F111or application] to be considered.

(3)But the duty in subsection (2) does not apply if—

(a)the principal council has concluded a previous community governance review within the relevant two-year period, and

(b)in the council's opinion the petition area [F112or application area] covers the whole or a significant part of the area to which the previous review related.

For further provision about this case, see section 85.

Textual Amendments

Commencement Information

I80S. 83 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

84Review being undertaken: duty to respond to petition [F113or application] E+W

(1)This section applies if the following conditions are met—

(a)a principal council is in the course of undertaking a community governance review of part of the council's area (“the current review”);

(b)the council receives a community governance petition [F114or community governance application] which relates to part of the council's area;

(c)the petition area [F115or application area] is wholly outside the area under review.

(2)The principal council must follow one of the options in subsection (4), (5) or (6).

(3)But the duty in subsection (2) does not apply if—

(a)the principal council has concluded a previous community governance review within the relevant two-year period, and

(b)in the council's opinion the petition area [F116or application area] covers the whole or a significant part of the area to which the previous review related.

For further provision about this case, see section 85.

(4)The first option mentioned in subsection (2) is for the principal council to modify the terms of reference of the current review so that they allow for the petition [F117or application] to be considered.

(5)The second option is for the principal council to undertake a community governance review that—

(a)is separate from the current review, and

(b)has terms of reference that allow for the petition [F118or application] to be considered.

(6)The third option is for the principal council to—

(a)modify the terms of reference of the current review,

(b)undertake a community governance review that is separate from the current review (“the new review”), and

(c)secure that (when taken together)—

(i)the terms of reference of the current review (as modified), and

(ii)the terms of reference of the new review,

allow for the petition [F119or application] to be considered.

Textual Amendments

Commencement Information

I81S. 84 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

85Power to respond to petition [F120or application] E+W

(1)In any of the following cases where a principal council receive a community governance petition [F121or community governance application], it is for the council to decide what action (if any) to take under section 82 (power to undertake review) or 81(4)(b) (power to modify terms of review) in response to that petition [F122or application].

(2)The first case is where—

(a)section 83 applies (no review being undertaken when petition [F123or application] received), but

(b)the duty in section 83(2) does not apply because of section 83(3) (no duty to respond to petition [F124or application] because previous review concluded in relevant two-year period).

(3)The second case is where—

(a)section 84 applies (review being undertaken when petition [F125or application] received: petition area [F126or application area] wholly outside area under review), but

(b)the duty in section 84(2) does not apply because of section 84(3) (no duty to respond to petition [F127or application] because previous review concluded in relevant two-year period).

(4)The third case is where these conditions are met—

(a)a principal council is in the course of undertaking a community governance review of part of the council's area;

(b)the council receives a community governance petition [F128or community governance application] which relates to part of the council's area;

(c)the petition area [F129or application area] is not wholly outside the area under review.

(5)The fourth case is where these conditions are met—

(a)a principal council is in the course of undertaking a community governance review of part of the council's area;

(b)the council receives a community governance petition [F130or community governance application] which relates to the whole of the council's area.

(6)The fifth case is where these conditions are met—

(a)a principal council is in the course of undertaking a community governance review of the whole of the council's area;

(b)the council receives a community governance petition [F131or community governance application] which relates to the whole or part of the council's area.

Textual Amendments

Commencement Information

I82S. 85 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

Reorganisation of community governanceE+W

86Reorganisation of community governanceE+W

(1)This section applies if a community governance review is undertaken.

(2)The principal council may, by order, give effect to the recommendations made in the review (except recommendations made to the [F132Local Government Boundary Commission] in accordance with section 92).

(3)But such an order may not include provision giving effect to any recommendations to change protected electoral arrangements, unless the [F133Local Government Boundary Commission] agrees to that provision.

(4)An order under this section must include a map showing in general outline the area affected by the order.

(5)An order under this section may vary or revoke a provision of an order previously made under—

(a)this section,

(b)Part 1 of this Act,

[F134(ba)section 59 of the Local Democracy, Economic Development and Construction Act 2009,]

(c)section 17 of the Local Government Act 1992 (c. 19), or

(d)section 16 or 17 of the Local Government and Rating Act 1997 (c. 29).

(6)For the purposes of this section electoral arrangements are “protected” if—

(a)the electoral arrangements relate to the council of an existing parish,

(b)the electoral arrangements were made, or altered, by or in pursuance of an order under [F135section 59 of the Local Democracy, Economic Development and Construction Act 2009,] section 17 of the Local Government Act 1992 (c. 19) or section 14 of the Local Government and Rating Act 1997 (c. 29), and

(c)that order was made during the period of five years ending with the day on which the community governance review starts.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I83S. 86 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

Recommendations of reviewE+W

87Constitution of new parishE+W

(1)A community governance review must make recommendations as to what new parish or parishes (if any) should be constituted in the area under review.

(2)A new parish is constituted in any one of the following ways—

(a)by establishing an unparished area as a parish;

(b)by aggregating one or more unparished areas with one or more parished areas;

(c)by aggregating parts of parishes;

(d)by amalgamating two or more parishes;

(e)by separating part of a parish;

but the aggregation of one or more unparished areas with a single parish is not the constitution of a new parish.

(3)For the purposes of subsection (2)—

  • “parished area” means an area which—

    (a)

    is a parish, or

    (b)

    is part of a parish;

  • “unparished area” means an area which—

    (a)

    is not a parish, and

    (b)

    is not part of a parish.

(4)The following subsections apply if the review recommends that a new parish should be constituted.

(5)The review must also make recommendations as to the name of the new parish.

(6)The review must also make recommendations as to whether or not the new parish should have a parish council.

(7)The review must also make recommendations as to whether or not the new parish should have one of the alternative styles.

Commencement Information

I84S. 87 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

88Existing parishes under reviewE+W

(1)A community governance review must make the following recommendations in relation to each of the existing parishes under review (if any).

(2)The review must make one of the following recommendations—

(a)recommendations that the parish should not be abolished and that its area should not be altered;

(b)recommendations that the area of the parish should be altered;

(c)recommendations that the parish should be abolished.

(3)The review must make recommendations as to whether or not the name of the parish should be changed.

(4)The review must make one of the following recommendations—

(a)if the parish does not have a council: recommendations as to whether or not the parish should have a council;

(b)if the parish has a council: recommendations as to whether or not the parish should continue to have a council.

(5)But the review may not make any recommendations for the parish—

(a)to begin to have an alternative style (if it does not already have one), or

(b)to cease to have an alternative style, or to have a different alternative style, (if it already has one).

(6)In this section—

(a)“existing parishes under review” means each of the parishes (if any) which are already in existence in the area under review;

(b)references to the alteration of an area of a parish are references to any alteration which is not the constitution of a new parish (within the meaning of section 87(2)).

Commencement Information

I85S. 88 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

89New council: consequential recommendationsE+W

(1)This section applies if, under a relevant provision, a community governance review makes recommendations that a parish should have a parish council.

(2)The review must also make recommendations as to what electoral arrangements should apply to the council.

(3)These are the relevant provisions for the purposes of this section—

(a)section 87 (new parishes);

(b)section 88 (existing parishes)

Commencement Information

I86S. 89 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

90Council retained: consequential recommendationsE+W

(1)This section applies if, under a section 88, a community governance review makes recommendations that a parish should continue to have a parish council.

(2)The review must also make recommendations as to what changes (if any) should be made to the electoral arrangements that apply to the council.

Commencement Information

I87S. 90 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

91Grouping or de-grouping parishesE+W

(1)A community governance review may make recommendations as to whether or not grouping or de-grouping provision should be made.

(2)If the review recommends that grouping or de-grouping provision should be made, those recommendations must in particular include recommendations as to what changes (if any) should be made to the electoral arrangements that apply to any council affected by the provision.

(3)The reference to grouping or de-grouping provision is a reference to provision equivalent to the provision of an order under section 11 of the Local Government Act 1972 (c. 70).

Commencement Information

I88S. 91 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

92County, district or London borough: consequential recommendationsE+W

(1)This section applies if a community governance review makes recommendations under any other provision of this Chapter.

(2)The review may make recommendations to the [F136Local Government Boundary Commission] as to what related alteration (if any) should be made to the boundaries of the electoral areas of any affected principal council.

(3)The [F137Local Government Boundary Commission] may by order give effect to recommendations made under subsection (2).

(4)The [F138Local Government Boundary Commission] must notify each relevant principal council of whether or not the Commission have given effect to recommendations made under subsection (2).

(5)If the [F139Local Government Boundary Commission] have given effect to the recommendations, they must also send each relevant principal council two copies of the order under this section.

(6)In this section—

  • “affected principal council” means any principal council whose area the community governance review relates to (including the council carrying out the review);

  • “related” means related to the other recommendations made under this Chapter.

  • “relevant principal council”, in relation to recommendations under subsection (2), means—

    (a)

    the principal council that made the recommendations, and

    (b)

    if the recommendations are made by a district council for an area for which there is a county council, the county council.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I89S. 92 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

Duties of council undertaking reviewE+W

93Duties when undertaking a reviewE+W

(1)The principal council must comply with the duties in this section when undertaking a community governance review.

(2)But, subject to those duties, it is for the principal council to decide how to undertake the review.

(3)The principal council must consult the following—

(a)the local government electors for the area under review;

(b)any other person or body (including a local authority) which appears to the principal council to have an interest in the review.

(4)The principal council must have regard to the need to secure that community governance within the area under review—

(a)reflects the identities and interests of the community in that area, and

(b)is effective and convenient.

(5)In deciding what recommendations to make, the principal council must take into account any other arrangements (apart from those relating to parishes and their institutions)—

(a)that have already been made, or

(b)that could be made,

for the purposes of community representation or community engagement in respect of the area under review.

(6)The principal council must take into account any representations received in connection with the review.

(7)As soon as practicable after making any recommendations, the principal council must—

(a)publish the recommendations; and

(b)take such steps as it considers sufficient to secure that persons who may be interested in the review are informed of those recommendations.

(8)The principal council must conclude the review within the period of 12 months starting with the day on which the council [F140receives the community governance petition or community governance application].

Textual Amendments

Commencement Information

I90S. 93 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

94Recommendations to create parish councilsE+W

(1)This section applies where a community governance review is required to make any of the following recommendations—

(a)recommendations under section 87(6) as to whether or not a new parish should have a parish council;

(b)recommendations under section 88(4)(a) as to whether or not an existing parish should have a parish council.

(2)If the parish has 1,000 or more local government electors, the review must recommend that the parish should have a council.

(3)If the parish has 150 or fewer local government electors, the review must recommend that the parish should not have a council.

(4)But subsection (3) does not apply if any part of the parish mentioned in subsection (1) is currently—

(a)a parish which has a council, or

(b)part of such a parish.

(5)If neither subsection (2) nor (3) applies, it is for the principal council to decide whether or not the parish should have a council.

Commencement Information

I91S. 94 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

95Electoral recommendations: general considerationsE+W

(1)This section applies to the principal council when deciding a recommendation of a kind listed in the following table.

RecommendationMade under
What electoral arrangements should apply to a new parish councilSection 89(2)
What changes (if any) should be made to the electoral arrangements which apply to a parish councilSection 90(2)

(2)The principal council must consider the questions in subsection (3) when deciding whether to recommend that a parish should, or should not, be or continue to be divided into wards for the purpose of electing councillors.

(3)Those questions are—

(a)whether the number, or distribution, of the local government electors for the parish would make a single election of councillors impracticable or inconvenient;

(b)whether it is desirable that any area or areas of the parish should be separately represented on the council.

(4)If the principal council decides to recommend that a parish should be divided into wards, the principal council must have regard to the factors in subsection (5) when considering—

(a)the size and boundaries of the wards, and

(b)the number of councillors to be elected for each ward.

(5)Those factors are—

(a)the number of local government electors for the parish;

(b)any change in the number, or distribution, of the local government electors which is likely to occur in the period of five years beginning with the day when the review starts;

(c)the desirability of fixing boundaries which are, and will remain, easily identifiable;

(d)any local ties which will be broken by the fixing of any particular boundaries.

(6)If the principal council decides to recommend that a parish should not be divided into wards, the principal council must have regard to the factors in subsection (7) when considering the number of councillors to be elected for the parish.

(7)Those factors are—

(a)the number of local government electors for the parish;

(b)any change in that number which is likely to occur in the period of five years beginning with the day when the review starts.

Commencement Information

I92S. 95 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

Publicising outcome of reviewE+W

96Publicising outcomeE+W

(1)This section applies if a community governance review is undertaken.

(2)As soon as practicable after a principal council has decided to what extent it will give effect to the recommendations made in a community governance review, the council must—

(a)publish—

(i)that decision, and

(ii)the council's reasons for making that decision; and

(b)take such steps as the council considers sufficient to secure that persons who may be interested in the review are informed of that decision and those reasons.

(3)The following subsections apply if the council makes a reorganisation order.

(4)As soon as practicable after making the order, the council must deposit at its principal office—

(a)a copy of the reorganisation order, and

(b)a map which shows the effects of the order in greater detail than the map included in the order.

(5)The council must make the copy of the order and the map available for public inspection at all reasonable times.

(6)The council must publicise that the order and map are available for public inspection in accordance with subsection (5).

(7)As soon as practicable after making the order, the principal council must inform all of the following that the order has been made—

(a)the Secretary of State;

(b)the [F141Local Government Boundary Commission];

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)any other principal council whose area the order relates to.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I93S. 96 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

MiscellaneousE+W

97Supplementary regulationsE+W

(1)The Secretary of State may by regulations of general application make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, reorganisation orders.

(2)Regulations under this section are to have effect subject to any provision made by a reorganisation order.

Modifications etc. (not altering text)

Commencement Information

I94S. 97 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

98Orders and regulations under this ChapterE+W

(1)If a principal council makes a reorganisation order, the council must send—

(a)two copies of the order to the Secretary of State; and

(b)two copies of the order to the [F142Local Government Boundary Commission].

(2)If the Secretary of State makes regulations under section 97, he must send two copies of the regulations to the [F143Local Government Boundary Commission].

(3)A reorganisation order may include such incidental, consequential, transitional or supplementary provision as may appear to the principal council to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.

(4)A reorganisation order, or regulations under section 97, may include any of the following provision—

(a)provision with respect to the transfer and management or custody of property (whether real or personal);

(b)provision with respect to the transfer of functions, property, rights and liabilities.

(5)Provision made under subsection (4)(b) may include any of the following—

(a)provision for legal proceedings commenced by or against any body to be continued by or against a body to whom functions, property, rights or liabilities are transferred;

(b)provision for the transfer of staff, compensation for loss of office, pensions and other staffing matters;

(c)provision for treating any body to whom a transfer is made for some or all purposes as the same person in law as the body from whom the transfer is made.

(6)A reorganisation order, or regulations under section 97, may include provision for the exclusion or modification of the application of any of the following—

(a)section 16(3) or 90 of the Local Government Act 1972 (c. 70), or

(b)rules under section 36 of the Representation of the People Act 1983 (c. 2), whenever made.

(7)An order under section 92 may include such incidental, consequential, transitional or supplementary provision as may appear to the [F144Local Government Boundary Commission] to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I95S. 98 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

99Agreements about incidental mattersE+W

(1)Any public bodies affected by a reorganisation of community governance may from time to time make agreements with respect to—

(a)any property, income, rights, liabilities and expenses (so far as affected by the order) of the parties to the agreement;

(b)any financial relations between the parties to the agreement.

(2)Such an agreement may in particular provide—

(a)for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b)for the making of payments by any party to the agreement in respect of—

(i)property, rights and liabilities so transferred or retained;

(ii)such joint use; or

(iii)the remuneration or compensation payable to any person;

(c)for any such payment to be made by instalments or otherwise;

(d)for interest to be charged on any such instalments.

(3)In default of agreement about any disputed matter, the matter is to be referred to the arbitration of a single arbitrator—

(a)agreed on by the parties; or

(b)in default of agreement, appointed by the Secretary of State.

(4)The arbitrator's award may make any provision that could be contained in an agreement under this section.

(5)In this section—

  • “disputed matter” means any matter that—

    (a)

    could be the subject of provision contained in an agreement under this section; and

    (b)

    is the subject of a dispute between two or more public bodies that is not resolved by or under any order or regulations under this Chapter;

  • “public body” has the same meaning as in section 16;

  • “reorganisation of community governance” means any changes made by giving effect to a community governance review.

Modifications etc. (not altering text)

Commencement Information

I96S. 99 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

100GuidanceE+W

(1)The Secretary of State may issue guidance about undertaking community governance reviews.

(2)The [F145Local Government Boundary Commission] may issue guidance about the making of recommendations under sections 89(2) or 90(2) (electoral arrangements for parish councils) or 92 (consequential recommendations about county, district or London borough councils).

(3)The Secretary of State may issue guidance about giving effect to recommendations made in community governance reviews.

(4)A principal council must have regard to guidance issued under this section.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I97S. 100 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

101Consequential amendmentsE+W

Schedule 5 (consequential amendments) has effect.

Commencement Information

I98S. 101 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

102InterpretationE+W

(1)This section applies for the purposes of this Chapter.

(2)The following expressions have the meanings given—

  • “alternative style” has the same meaning as in sections 9 to 16A of the Local Government Act 1972 (c. 70) (see section 17A of that Act);

  • [F146“application area” means the area to which a community governance application relates;]

  • “area under review”, in relation to a community governance review, means however much of the area of a principal council is subject to the review;

  • [F146“community governance application” has the meaning given by section 80A]

  • “community governance petition” has the meaning given by section 80;

  • “community governance review” has the meaning given by section 79;

  • “electoral arrangements”, in relation to a parish council, means all of the following—

    (a)

    the year in which ordinary elections of councillors are to be held;

    (b)

    the number of councillors to be elected to the council, or (in the case of a common council) the number of councillors to be elected to the council by each parish;

    (c)

    the division (or not) of the parish, or (in the case of a common council) any of the parishes, into wards for the purpose of electing councillors;

    (d)

    the number and boundaries of any such wards;

    (e)

    the number of councillors to be elected for any such ward;

    (f)

    the name of any such ward;

  • “local government elector” has the same meaning as in the Local Government Act 1972 (see section 270);

  • [F147“Local Government Boundary Commission” means the Local Government Boundary Commission for England.]

  • “petition area” means the area to which a community governance petition relates;

  • “principal council” means—

    (a)

    a district council in England,

    (b)

    a county council in England for an area in which there are no district councils, or

    (c)

    a London borough council;

  • “reorganisation order” means an order under section 86;

  • [F148“relevant two-year period”, in relation to receipt of a community governance petition or community governance application, means the period of two years ending with the day on which the petition or application is received by the principal council;]

  • [F149“specified recommendations”, in relation to a community governance petition or community governance application, means the recommendations—

    (a)

    specified in the petition or application, or

    (b)

    treated by section 80 as included in the recommendations specified in the petition or treated by section 80A as included in the recommendations specified in the application;]

  • “terms of reference” has the meaning given by section 81.

(3)A principal council “begins” a community governance review when the council publishes the terms of reference of the review.

(4)A principal council “concludes” a community governance review when the council publishes the recommendations made in the review.

(5)A principal council is “in the course of undertaking” a community governance review in the period between—

(a)beginning the review, and

(b)concluding the review.

[F150(6)The terms of reference of a community governance review “allow for a community governance petition or community governance application to be considered” if the terms of reference of the review are such that—

(a)the area under review includes the whole of the petition area or application area; and

(b)the recommendations to be considered by the review include all of the petition’s or application’s specified recommendations.]

Textual Amendments

Commencement Information

I99S. 102 in force at 13.2.2008 by S.I. 2008/337, art. 2(b)

Part 5E+WCo-operation of English authorities with local partners, etc

Modifications etc. (not altering text)

Chapter 1E+WLocal area agreements and community strategies

103Application of Chapter: responsible local authoritiesE+W

For the purposes of this Chapter, each of the following is a responsible local authority—

(a)a county council in England;

(b)a district council in England, other than a council for a district in a county for which there is a county council;

(c)a London borough council;

(d)the Council of the Isles of Scilly;

(e)the Common Council of the City of London in its capacity as a local authority.

Commencement Information

I100S. 103 in force at 30.12.2007, see s. 245(2)

104Application of Chapter: partner authoritiesE+W

(1)For the purposes of this Chapter, each of the following is a partner authority in relation to a responsible local authority—

(a)any person mentioned in subsection (2) who acts or is established for an area which, or any part of which, coincides with or falls within the responsible local authority's area;

(b)any person mentioned in subsection (3) who provides services at or from a hospital or other establishment or facility which falls within the responsible local authority's area; and

(c)any person mentioned in subsection (4).

(2)The persons referred to in subsection (1)(a) are—

(a)any district council which is not a responsible local authority;

(b)a fire and rescue authority;

(c)a National Park authority;

(d)the Broads Authority;

[F151(e)a local policing body;]

(f)a chief officer of police;

(g)a joint waste authority established under section 207(1);

(h)a waste disposal authority established under section 10 of the Local Government Act 1985 (c. 51);

[F152(i)an Integrated Transport Authority for an integrated transport area in England;]

[F153(ia)an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(ib)a combined authority established under section 103 of that Act;]

(j)Transport for London;

[F154(ja)a clinical commissioning group;

(jb)the National Health Service Commissioning Board;]

F155(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F156(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m)a local probation board established by section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

(n)a youth offending team established under section 39 of the Crime and Disorder Act 1998 (c. 37).

(3)The persons referred to in subsection (1)(b) are—

(a)a National Health Service trust;

(b)an NHS foundation trust.

(4)The persons referred to in subsection (1)(c) are—

(a)the Arts Council of England;

(b)the English Sports Council;

(c)the Environment Agency;

(d)the Health and Safety Executive;

[F157(da)the Office for Nuclear Regulation;]

(e)the Historic Buildings and Monuments Commission;

[F158(ea)the Homes and Communities Agency;]

[F159(f)the Chief Executive of Skills Funding;]

F160(fa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the Museums, Libraries and Archives Council;

(h)Natural England;

(i)the Secretary of State, but only in relation to—

(i)his functions under section 2 of the Employment and Training Act 1973 (c. 50) (arrangements with respect to obtaining etc employment or employees);

(ii)functions which he has as highway authority by virtue of section 1 of the Highways Act 1980 (c. 66);F161...

(iii)functions which he has as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984 (c. 27).

[F162(iv)his functions under sections 2 and 3 of the Offender Management Act 2007 (responsibility for ensuring the provision of probation services throughout England and Wales).]

(5)In this section, “fire and rescue authority” means—

(a)a fire and rescue authority constituted by—

(i)a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21); or

(ii)a scheme to which section 4 of that Act applies;

(b)a metropolitan county fire and rescue authority; or

(c)the London Fire and Emergency Planning Authority.

[F163(5A)The Secretary of State's functions under this Chapter as a partner authority of a local authority in relation to the functions referred to in subsection (4)(i)(iv) are functions to which section 2(1)(c) of the Offender Management Act 2007 (functions to be performed through arrangements under section 3 of that Act) applies.]

(6)In subsection (1)(a), references to the area for which a person acts or is established are references—

(a)in the case of the Commissioner of Police of the Metropolis, to the metropolitan police district (within the meaning of the Police Act 1996 (c. 16));

(b)in the case of the Commissioner of the City of London Police, to the City of London police area (within the meaning of that Act);

(c)in the case of any other chief officer of police, to the police area listed in Schedule 1 to that Act for which his police force is maintained;

(d)in the case of Transport for London, Greater London.

(7)The Secretary of State may by order—

(a)amend subsection (2), (3) or (4) by—

(i)adding to it any person who has functions of a public nature;

(ii)removing from it any person for the time being mentioned in it; or

(iii)adding to subsection (4)(i) any function of the Secretary of State or removing from it any function for the time being mentioned in it; and

(b)make such other amendments of this section as appear to him to be necessary or expedient in consequence of provision made under paragraph (a).

(8)Before making an order under subsection (7) the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.

Textual Amendments

F156S. 104(2)(l) repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6 (with Note 1); S.I. 2012/1662, art. 2(2)(b)

F160S. 104(4)(fa) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 39; S.I. 2012/924, art. 2

F161Word in s. 104(4)(i) omitted (1.4.2008) by virtue of the Offender Management Act 2007 (c. 21), s. 41, Sch. 3 para. 5(2)(a), Sch. 5 Pt. 1; S.I. 2008/504, art. 3(l)(n)

F162S. 104(4)(i)(iv) and semi-colon inserted (1.4.2008) by the Offender Management Act 2007 (c. 21), s. 41, Sch. 3 para. 5(2)(b); S.I. 2008/504, art. 3(l)

Commencement Information

I101S. 104 in force at 30.12.2007, see s. 245(2)

105“Local improvement targets”: interpretationE+W

(1)In this Chapter, “local improvement target” means a target for improvement in the economic, social or environmental well-being of the responsible local authority's area which relates to any or all of the following—

(a)the responsible local authority;

(b)one or more partner authorities;

(c)one or more other persons acting, or having functions exercisable, in the area of the responsible local authority.

(2)For the purposes of this Chapter, a target specified in a local area agreement relates to the responsible local authority if the exercise by the authority of any of its functions, or anything done by the authority, could contribute to the attainment of the target.

(3)For the purposes of this Chapter, a target specified in a local area agreement relates to a person other than the responsible local authority if—

(a)the exercise by the person of any of his functions, or anything done by the person, could contribute to the attainment of the target; and

(b)the person has consented to the target being specified in the local area agreement (and, where the target has been amended under section 110 or 112, to the amendment).

Commencement Information

I102S. 105 in force at 30.12.2007, see s. 245(2)

106Duty to prepare and submit draft of a local area agreementE+W

(1)When the Secretary of State so directs, a responsible local authority must prepare and submit to him a draft of a document (“a local area agreement”) specifying—

(a)local improvement targets;

(b)in relation to each local improvement target, the persons to whom the target is to relate; and

(c)the period for which the local area agreement is to have effect.

(2)In preparing the draft local area agreement, the responsible local authority must—

(a)consult—

(i)each partner authority; and

(ii)such other persons as appear to it to be appropriate;

(b)co-operate with each partner authority in determining the local improvement targets relating to the partner authority which are to be specified in the draft local area agreement; and

(c)have regard to—

(i)its community strategy prepared under section 4 of the Local Government Act 2000 (c. 22) (strategies for promoting well-being); and

(ii)any guidance issued by the Secretary of State.

(3)In determining the local improvement targets relating to it which are to be specified in the draft local area agreement, each partner authority must—

(a)co-operate with the responsible local authority; and

(b)have regard to any guidance issued by the Secretary of State.

(4)Before issuing any guidance under this section, the Secretary of State must consult such representatives of local government (including representatives of partner authorities) and such other persons (if any) as he considers appropriate.

(5)A direction under subsection (1) may specify the date by which a draft of a local area agreement must be submitted to the Secretary of State.

(6)A direction under subsection (1) may be varied or revoked.

Commencement Information

I103S. 106 in force at 30.12.2007, see s. 245(2)

107Approval of draft local area agreement by Secretary of StateE+W

(1)Where a draft of a local area agreement has been submitted to him under section 106(1), the Secretary of State may by notice in writing to the responsible local authority—

(a)approve the draft; or

(b)require the responsible local authority to modify the draft.

(2)Where the Secretary of State approves a draft local area agreement under subsection (1)(a), a local area agreement in the form of the draft has effect for the area of the responsible local authority for the period specified in the local area agreement by virtue of section 106(1)(c).

(3)A requirement under subsection (1)(b) to modify a draft of a local area agreement operates for the purposes of section 106 as a direction under subsection (1) of that section to prepare and submit a further draft of a local area agreement.

Commencement Information

I104S. 107 in force at 30.12.2007, see s. 245(2)

108Duty to have regard to local improvement targetsE+W

Where a local area agreement has effect under section 107(2)—

(a)the responsible local authority, and

(b)each partner authority,

must, in exercising its functions, have regard to every local improvement target specified in the local area agreement which relates to it.

Commencement Information

I105S. 108 in force at 30.12.2007, see s. 245(2)

109Designated targetsE+W

(1)Where the Secretary of State approves a draft of a local area agreement under section 107, he may, within one month beginning with the date on which he approved the draft, designate any local improvement target specified in the local area agreement.

(2)Where the Secretary of State approves a revision proposal under section 112, he may, within one month beginning with the date on which he approved the revision proposal, designate any local improvement target which is added to the local area agreement by virtue of the approval.

(3)A designation under this section may be revoked.

(4)The power to make or revoke a designation under this section is exercisable by notice in writing to the responsible local authority.

Commencement Information

I106S. 109 in force at 30.12.2007, see s. 245(2)

110Revision and addition of targetsE+W

(1)A designated target may not be amended or removed from a local area agreement except in accordance with sections 111 and 112.

(2)Any other local improvement target for the time being specified in a local area agreement may be—

(a)amended, or

(b)removed from the local area agreement,

by the responsible local authority, in accordance with subsection (4).

(3)But subsection (2) does not apply—

(a)during the period of one month beginning with the date on which a draft of the local area agreement was approved by the Secretary of State under section 107; or

(b)in relation to any local improvement target which is added to the local area agreement by virtue of the approval of a revision proposal, during the period of one month beginning with the date on which the revision proposal was approved by the Secretary of State under section 112.

(4)A responsible local authority may amend or remove a local improvement target under subsection (2) only—

(a)with the consent of each partner authority to which the target relates; and

(b)after consulting each other person to whom it relates.

(5)Local improvement targets may not be added to a local area agreement except in accordance with—

(a)subsection (6); or

(b)sections 111 and 112.

(6)The responsible local authority may, with the consent of each person to whom the target in question is to relate, specify a new local improvement target in a local area agreement.

Commencement Information

I107S. 110 in force at 30.12.2007, see s. 245(2)

111Designated targets: revision proposalsE+W

(1)At any time while a local area agreement has effect, a responsible local authority—

(a)may prepare and submit to the Secretary of State a revision proposal; and

(b)must do so if the Secretary of State so directs.

(2)In this Chapter, “revision proposal”, in relation to a local area agreement, means a document proposing any or all of the following—

(a)changes to designated targets specified in the local area agreement;

(b)the removal of designated targets from the local area agreement;

(c)that additional local improvement targets be specified in the local area agreement.

(3)A revision proposal must—

(a)if it proposes changes to a designated target under subsection (2)(a), specify the persons to whom the target relates who have consented to the changes;

(b)if it proposes an additional local improvement target under subsection (2)(c), specify the persons to whom the target is to relate.

(4)In preparing a revision proposal, the responsible local authority must—

(a)consult—

(i)each partner authority; and

(ii)such other persons as appear to it to be appropriate;

(b)co-operate with each partner authority in determining changes to or the removal of designated targets, or additional local improvement targets, relating to the partner authority which are to be proposed by the revision proposal; and

(c)have regard to—

(i)its community strategy prepared under section 4 of the Local Government Act 2000 (c. 22) (strategies for promoting well-being); and

(ii)any guidance issued by the Secretary of State.

(5)In determining changes to or the removal of designated targets, or additional local improvement targets, relating to it which are to be proposed by the revision proposal, each partner authority must—

(a)co-operate with the responsible local authority; and

(b)have regard to any guidance issued by the Secretary of State.

(6)Before issuing any guidance under this section, the Secretary of State must consult such representatives of local government (including representatives of partner authorities) and such other persons (if any) as he considers appropriate.

(7)A direction under subsection (1)(b) may specify the date by which a revision proposal must be submitted to the Secretary of State.

(8)A direction under subsection (1)(b) may be varied or revoked.

Commencement Information

I108S. 111 in force at 30.12.2007, see s. 245(2)

112Approval of revision proposalE+W

(1)Where a revision proposal relating to a local area agreement has been submitted to him under section 111(1), the Secretary of State may by notice to the responsible local authority—

(a)approve the revision proposal;

(b)if the revision proposal was submitted to him pursuant to a direction under section 111(1)(b), require the responsible local authority to modify the revision proposal; or

(c)reject the revision proposal.

(2)If the Secretary of State approves the revision proposal, the local area agreement has effect subject to the changes set out in the revision proposal.

(3)Where a designated target is modified by virtue of subsection (2), the designation under section 109 continues to apply to the target as so modified (until revoked under that section).

(4)A requirement under subsection (1)(b) to modify a revision proposal operates for the purposes of section 111 as a direction under subsection (1)(b) of that section to prepare and submit a further revision proposal.

Commencement Information

I109S. 112 in force at 30.12.2007, see s. 245(2)

113Duty to publish information about local area agreementE+W

(1)The responsible local authority must publish a memorandum relating to a local area agreement—

(a)whenever the Secretary of State—

(i)designates a local improvement target under section 109; or

(ii)revokes a designation under that section; and

(b)whenever the local area agreement is modified—

(i)under section 110(2) or (6); or

(ii)by virtue of section 112(2).

(2)A memorandum under subsection (1) must state—

(a)the period for which the local area agreement has effect;

(b)the local improvement targets for the time being specified in the local area agreement;

(c)in relation to each of those targets—

(i)whether it is for the time being a designated target;

(ii)the persons who are required by section 108 to have regard to the target; and

(iii)any other persons to whom the target relates;

and must take such form as the Secretary of State may direct.

(3)Different directions may be given under subsection (2) in relation to different responsible local authorities or different descriptions of responsible local authority.

(4)A direction under subsection (2) may be varied or revoked.

Commencement Information

I110S. 113 in force at 30.12.2007, see s. 245(2)

114Preparation of community strategyE+W

(1)Section 4 of the Local Government Act 2000 (c. 22) (strategies for promoting well-being) is amended as follows.

(2)In subsection (3)(a), for “such persons as they consider appropriate, and” substitute “—

(i)in the case of a responsible local authority, each partner authority and such other persons as the responsible local authority consider appropriate, or

(ii)in any other case, such persons as the authority consider appropriate, and”.

(3)At the end insert—

“(6)In subsection (3)(a), “responsible local authority” and “partner authority”, in relation to a responsible local authority, have the same meanings as in Chapter 1 (local area agreements) of Part 5 of the Local Government and Public Involvement in Health Act 2007 (see sections 103 and 104 of that Act).”

Commencement Information

I111S. 114 in force at 30.12.2007, see s. 245(2)

115Orders under Part 1 of Local Government Act 2000: WalesE+W

(1)Part 1 of the Local Government Act 2000 (promotion of economic, social or environmental well-being etc) is amended as follows.

F164(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 5 (power to amend or repeal enactments relating to power to promote well-being), for subsection (4) substitute—

“(4)In exercising the power under subsection (1), the Secretary of State must not make any provision which has effect in relation to Wales unless he has consulted the Welsh Ministers.

(4A)In exercising the power under subsection (1), the Secretary of State—

(a)must not make any provision amending, repealing or disapplying any Measure or Act of the National Assembly for Wales without the consent of the National Assembly for Wales, and

(b)must not make any provision amending, revoking or disapplying subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers.

(4B)Subsection (4A) does not apply to the extent that the Secretary of State is making incidental or consequential provision.”

(4)In subsection (5) of that section, for “The National Assembly for Wales” substitute “ The Welsh Ministers ”.

(5)In section 6 (power to modify enactments concerning plans etc)—

(a)in subsection (1), at the end insert “so far as that enactment has effect in relation to a local authority in England”;

(b)in subsection (2)(a) and (b), after “authorities” insert “ in England ”;

(c)in subsection (2)(c), after “authority” insert “ in England ”; and

(d)omit subsections (5) and (6).

(6)In section 7 (power to modify enactments concerning plans etc: Wales)—

(a)in subsection (1)—

(i)for “the National Assembly for Wales” substitute “ the Welsh Ministers ”; and

(ii)for “to which subsection (2) applies” substitute “ (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter ”;

(b)omit subsection (2);

(c)in subsection (4), for “the National Assembly for Wales considers” substitute “ the Welsh Ministers consider ”; and

(d)omit subsection (6).

(7)At the end of that section insert—

“(8)An order under this section may not make a provision which, if it were a provision of a Measure of the National Assembly for Wales, would be outside the Assembly's legislative competence.

(9)For the purposes of subsection (8), section 94(4) of the Government of Wales Act 2006 has effect as if paragraph (a) (matters within legislative competence) were omitted.

(10)Subject to subsection (11), a statutory instrument which contains an order under this section is not to be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.

(11)A statutory instrument containing an order under this section which is made only for the purpose of amending an earlier such order—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,

is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.”.

(8)In section 9 (procedure for orders under section 5 or 6)—

(a)in subsection (2), for “the National Assembly for Wales” substitute “ the Welsh Ministers ”; and

(b)in subsection (3)(d), for “the National Assembly for Wales” substitute “ the Welsh Ministers ”.

(9)After section 9 insert—

“9AProcedure for orders under section 7

(1)Before the Welsh Ministers make an order under section 7 they must consult—

(a)such local authorities in Wales,

(b)such representatives of local government in Wales, and

(c)such other persons (if any),

as appear to them to be likely to be affected by their proposals.

(2)If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 7 they must lay before the National Assembly for Wales a document which—

(a)explains their proposals,

(b)sets them out in the form of a draft order, and

(c)gives details of consultation under subsection (1).

(3)Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 7 to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was laid.

(4)In calculating the period mentioned in subsection (3) no account is to be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.

(5)In preparing a draft order under section 7 the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).

(6)A draft order under section 7 which is laid before the National Assembly for Wales must be accompanied by a statement of the Welsh Ministers giving details of—

(a)any representations considered in accordance with subsection (5), and

(b)any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2).

(7)Nothing in this section applies to an order under section 7 which is made only for the purpose of amending an earlier order under that section—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.”

Textual Amendments

Commencement Information

I112S. 115 in force at 30.12.2007, see s. 245(2)

116Health and social care: joint strategic needs assessmentsE+W

(1)An assessment of relevant needs must be prepared in relation to the area of each responsible local authority.

(2)A further assessment of relevant needs in relation to the area of a responsible local authority—

(a)must be prepared if the Secretary of State so directs; and

(b)may be prepared at any time.

(3)A direction under subsection (2)(a) may be revoked.

(4)It is for—

(a)the responsible local authority, and

[F165(b)each of its partner clinical commissioning groups,]

to prepare any assessment of relevant needs under this section in relation to the area of the responsible local authority.

(5)The responsible local authority must publish each assessment of relevant needs prepared under this section in relation to its area.

(6)For the purposes of this section, there is a relevant need in relation to so much of the area of a responsible local authority as falls within the area [F166of a partner clinical commissioning group] if there appears to the responsible local authority and [F167the partner clinical commissioning group] to be a need [F168or to be likely to be a need] to which subsection (7) applies.

(7)This subsection applies to a need—

(a)which—

(i)is capable of being met to a significant extent by the exercise by the responsible local authority of any of its functions; and

(ii)could also be met, or could otherwise be affected, to a significant extent by the exercise by [F169the partner clinical commissioning group or the National Health Service Commissioning Board] of any of its functions; or

(b)which—

(i)is capable of being met to a significant extent by the exercise by [F170the partner clinical commissioning group or the National Health Service Commissioning Board] of any of its functions; and

(ii)could also be met, or could otherwise be affected, to a significant extent by the exercise by the responsible local authority of any of its functions.

(8)In preparing an assessment under this section, the responsible local authority and [F171each of its partner clinical commissioning groups] must—

(a)co-operate with one another;

(b)have regard to any guidance issued by the Secretary of State;

[F172(ba)involve the Local Healthwatch organisation for the area of the responsible local authority;

(bb)involve the people who live or work in that area;] and

(c)if the responsible local authority is a county council, [F173involve] each relevant district council.

[F174(8A)In preparing an assessment under this section, the responsible local authority or a partner clinical commissioning group may consult any person it thinks appropriate.]

(9)In this section—

  • [F175“partner clinical commissioning group”, in relation to a responsible local authority, means any clinical commissioning group whose area coincides with or falls wholly or partly within the area of the authority;]

  • “relevant district council” means—

    (a)

    in relation to a responsible local authority, any district council which is a partner authority of it; and

    (b)

    in relation to [F176a partner clinical commissioning group] of a responsible local authority, any district council which is a partner authority of the responsible local authority and whose district falls wholly or partly within [F177the area of the clinical commissioning group].

Textual Amendments

F169Words in s. 116(7)(a)(ii) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(4)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F170Words in s. 116(7)(b)(i) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(4)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F173Word in s. 116(8)(c) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(5)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C15Ss. 116-116B modified by 2006 c. 41, s. 13Z4(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4)); S.I. 2013/160, art. 2(2)

C16Ss. 116-116B modified by 2006 c. 41, s. 14Z24(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 26, 306(1)(d)(4)); S.I. 2013/160, art. 2(2)

Commencement Information

I113S. 116 in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.

[F178116AHealth and social care: joint health and wellbeing strategiesE+W

(1)This section applies where an assessment of relevant needs is prepared under section 116 by a responsible local authority and each of its partner clinical commissioning groups.

(2)The responsible local authority and each of its partner clinical commissioning groups must prepare a strategy for meeting the needs included in the assessment by the exercise of functions of the authority, the National Health Service Commissioning Board or the clinical commissioning groups (“a joint health and wellbeing strategy”).

(3)In preparing a strategy under this section, the responsible local authority and each of its partner clinical commissioning groups must, in particular, consider the extent to which the needs could be met more effectively by the making of arrangements under section 75 of the National Health Service Act 2006 (rather than in any other way).

(4)In preparing a strategy under this section, the responsible local authority and each of its partner clinical commissioning groups must have regard to—

(a)the mandate published by the Secretary of State under section 13A of the National Health Service Act 2006, and

(b)any guidance issued by the Secretary of State.

(5)In preparing a strategy under this section, the responsible local authority and each of its partner clinical commissioning groups must—

(a)involve the Local Healthwatch organisation for the area of the responsible local authority, and

(b)involve the people who live or work in that area.

(6)The responsible local authority must publish each strategy prepared by it under this section.

(7)The responsible local authority and each of its partner clinical commissioning groups may include in the strategy a statement of their views on how arrangements for the provision of health-related services in the area of the local authority could be more closely integrated with arrangements for the provision of health services and social care services in that area.

(8)In this section and section 116B—

(a)“partner clinical commissioning group”, in relation to a responsible local authority, has the same meaning as in section 116, and

(b)“health services”, “health-related services” and “social care services” have the same meaning as in section 195 of the Health and Social Care Act 2012.

Textual Amendments

Modifications etc. (not altering text)

C15Ss. 116-116B modified by 2006 c. 41, s. 13Z4(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4)); S.I. 2013/160, art. 2(2)

C16Ss. 116-116B modified by 2006 c. 41, s. 14Z24(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 26, 306(1)(d)(4)); S.I. 2013/160, art. 2(2)

116BDuty to have regard to assessments and strategiesE+W

(1)A responsible local authority and each of its partner clinical commissioning groups must, in exercising any functions, have regard to—

(a)any assessment of relevant needs prepared by the responsible local authority and each of its partner clinical commissioning groups under section 116 which is relevant to the exercise of the functions, and

(b)any joint health and wellbeing strategy prepared by them under section 116A which is so relevant.

(2)The National Health Service Commissioning Board must, in exercising any functions in arranging for the provision of health services in relation to the area of a responsible local authority, have regard to—

(a)any assessment of relevant needs prepared by the responsible local authority and each of its partner clinical commissioning groups under section 116 which is relevant to the exercise of the functions, and

(b)any joint health and wellbeing strategy prepared by them under section 116A which is so relevant.]

Textual Amendments

Modifications etc. (not altering text)

C15Ss. 116-116B modified by 2006 c. 41, s. 13Z4(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4)); S.I. 2013/160, art. 2(2)

C16Ss. 116-116B modified by 2006 c. 41, s. 14Z24(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 26, 306(1)(d)(4)); S.I. 2013/160, art. 2(2)

C17S. 116B applied (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 27(4), 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

C18S. 116B applied (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 26(7), 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

117Interpretation of ChapterE+W

In this Chapter—

  • “designated target” means a local improvement target designated by the Secretary of State under section 109;

  • “local area agreement” has the meaning given by section 106;

  • “local improvement target” has the meaning given by section 105;

  • “partner authority”, in relation to a responsible local authority, has the meaning given by section 104;

  • “responsible local authority” has the meaning given by section 103; and “the responsible local authority”, in relation to a local area agreement, means the responsible local authority required under section 106 to prepare a draft of the local area agreement;

  • “revision proposal” has the meaning given by section 111.

Commencement Information

I114S. 117 in force at 30.12.2007, see s. 245(2)

118Transitional provisionE+W

(1)Subsection (2) applies in relation to each responsible local authority when it is first directed by the Secretary of State under subsection (1) of section 106 to prepare and submit a draft of a local area agreement.

(2)If the direction so provides—

(a)it is immaterial, for the purpose of satisfying the duty imposed by that subsection, whether the draft of the local area agreement was prepared before or after the direction was given; and

(b)subsections (2) and (3) of that section do not apply in relation to the preparation of that draft local area agreement.

(3)The Offender Management Act 2007 (c. 21) is amended as follows.

(4)In paragraph 5 of Schedule 3 (which adds functions of the Secretary of State in relation to probation services to the functions in relation to which the Secretary of State is a partner authority)—

(a)in sub-paragraph (1), for “Section 80” substitute “ Section 104 ”;

(b)in sub-paragraph (2), for “subsection (3)(g)” substitute “ subsection (4)(i) ”; and

(c)in sub-paragraph (3), in the inserted subsection (5A), for “subsection (3)(g)(iv)” substitute “ subsection (4)(i)(iv) ”.

(5)In Part 1 of Schedule 5 (repeals relating to probation services), in the entry relating to this Act—

(a)for “section 80(3)” substitute “ section 104(4) ”; and

(b)for “(g)(ii)” substitute “ (i)(ii) ”.

Commencement Information

I115S. 118 in force at 30.12.2007, see s. 245(2)

Chapter 2E+WOverview and scrutiny committees

119Reference of matter by councillor to overview and scrutiny committeeE+W

After section 21 of the Local Government Act 2000 (c. 22) insert—

“21AReference of matters to overview and scrutiny committee etc

(1)Executive arrangements by a local authority must include provision which—

(a)enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee,

(b)enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and

(c)in the case of a local authority in England, enables any member of the authority to refer to an overview and scrutiny committee of the authority of which he is not a member any local government matter which is relevant to the functions of the committee.

(2)For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.

(3)In considering whether to exercise the power which he has by virtue of subsection (1)(c) in any case, a member of an authority must have regard to any guidance for the time being issued by the Secretary of State.

(4)Guidance under subsection (3) may make different provision for different cases.

(5)Subsections (6) to (8) apply where a local government matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to subsection (1)(c).

(6)In considering whether or not to exercise any of its powers under section 21(2) in relation to the matter, the committee may have regard to—

(a)any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and

(b)any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 21(2) in relation to the matter.

(7)If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—

(a)its decision, and

(b)the reasons for it.

(8)The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 21(2) in relation to the matter.

(9)Subsection (8) is subject to section 21D.

(10)In this section “local government matter”, in relation to a member of a local authority, means a matter which—

(a)relates to the discharge of any function of the authority,

(b)affects all or part of the electoral area for which the member is elected or any person who lives or works in that area, and

(c)is not an excluded matter.

(11)In subsection (10)(c), “excluded matter” means any matter which is—

(a)a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)a matter of any description specified in an order made by the Secretary of State for the purposes of this section.”

Commencement Information

I116S. 119 in force at 12.12.2008 for specified purposes by S.I. 2008/3110, art. 2(a)

I117S. 119 in force at 1.4.2009 in so far as not already in force by S.I. 2008/3110, art. 4(a)

120Power of overview and scrutiny committee to question members of authorityE+W

(1)In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees), in subsection (13), before “and” immediately following paragraph (a) insert—

“(aa)may require any other member of the authority to attend before it to answer questions relating to any function which is exercisable by the member by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England),”.

(2)In subsection (14) of that section, for the words following “mentioned in” substitute “ paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph ”.

Commencement Information

I118S. 120 in force at 1.4.2009 by S.I. 2008/3110, art. 4(b)

121Powers to require information from partner authoritiesE+W

F179(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In section 20 of the Police and Justice Act 2006 (c. 48) (guidance and regulations regarding crime and disorder matters), after subsection (6) insert—

“(6A)In subsection (5)(c) and (d), references to information are, in relation to any crime and disorder committee, to information relating to—

(a)the discharge, or decisions made or other action taken in connection with the discharge, by the responsible authorities of their crime and disorder functions; or

(b)local crime and disorder matters in relation to which the committee has functions under or by virtue of section 19.”

(3)In subsection (7) of that section, for “and “co-operating persons and bodies”” substitute “, “ co-operating persons and bodies ”, “ crime and disorder functions ” and “ local crime and disorder matters ””.

(4)In section 244 of the National Health Service Act 2006 (c. 41) (functions of overview and scrutiny committees), after subsection (2) insert—

“(2A)In subsection (2)(d) and (e), references to information are to information relating to matters relating to the health service in the authority's area.”

Textual Amendments

Commencement Information

I119S. 121 in force at 1.4.2009 by S.I. 2008/3110, art. 4(c)

122Overview and scrutiny committees: reports and recommendationsE+W

(1)After section 21A of the Local Government Act 2000 (c. 22) (inserted by section 119) insert—

“21BDuty of authority or executive to respond to overview and scrutiny committee

(1)This section applies where an overview and scrutiny committee of a local authority in England makes a report or recommendations to the authority or the executive, otherwise than—

(a)by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)by virtue of subsection (3)(a) of that section.

(2)The overview and scrutiny committee may publish the report or recommendations.

(3)The overview and scrutiny committee must by notice in writing require the authority or executive—

(a)to consider the report or recommendations,

(b)to respond to the overview and scrutiny committee indicating what (if any) action the authority propose, or the executive proposes, to take,

(c)if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response,

(d)if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 21A(8), to provide the member with a copy of the response,

and to do so within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice.

(4)It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.

(5)Subsections (2) and (4) are subject to section 21D and to any provision made under section 22(12A).

(6)In this section—

(a)references to an overview and scrutiny committee include references to a sub-committee of such a committee; and

(b)references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority.

21CReports and recommendations of overview and scrutiny committees: duties of certain partner authorities

(1)This section applies where—

(a)a relevant committee makes a report or recommendations to the authority or the executive, otherwise than—

(i)by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(ii)by virtue of subsection (3)(a) of that section, and

(b)the report or any of the recommendations relates to a local improvement target which—

(i)relates to a relevant partner authority, and

(ii)is specified in a local area agreement of the authority.

(2)The relevant committee may by notice in writing to the relevant partner authority require the relevant partner authority to have regard to the report or recommendation in question in exercising their functions.

(3)A notice under subsection (2) must be accompanied by a copy of the report or recommendations.

(4)It is the duty of a relevant partner authority to which a notice is given under subsection (2) to comply with the requirement specified in the notice.

(5)Subsection (2) does not apply if—

(a)the relevant partner authority is a health service body, and

(b)by virtue of section 244 of the National Health Service Act 2006, the report was, or the recommendations were, made to the health service body (as well as to the authority or the executive).

(6)In subsection (5), “health service body” means—

(a)a National Health Service trust,

(b)an NHS foundation trust, or

(c)a Primary Care Trust.

(7)Subsections (2) and (3) are subject to section 21D.

(8)In this section—

  • “the authority”, in relation to a relevant committee, means—

    (a)

    in the case of an overview and scrutiny committee, the local authority by which it is established, and

    (b)

    in the case of a sub-committee of an overview and scrutiny committee, the local authority by which the overview and scrutiny committee is established,

  • “the executive”, in relation to a relevant committee, means the executive of the authority,

  • “local improvement target” and “local area agreement” have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007 (local area agreements),

  • “relevant committee” means—

    (a)

    any overview and scrutiny committee of—

    (i)

    a county council in England,

    (ii)

    a district council in England, other than a council for a district in a county for which there is a county council, or

    (iii)

    a London borough council, or

    (b)

    a sub-committee of an overview and scrutiny committee within paragraph (a), and

  • “relevant partner authority”, in relation to a relevant committee, means any person who is a partner authority in relation to the authority for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than—

    (a)

    a police authority, or

    (b)

    a chief officer of police;

and references to a target relating to a relevant partner authority are to be construed in accordance with section 105(3) of the Local Government and Public Involvement in Health Act 2007.

21DPublication etc of reports, recommendations and responses: confidential and exempt information

(1)This section applies to—

(a)the publication under section 21B of any document comprising—

(i)a report or recommendations of an overview and scrutiny committee, or

(ii)a response of a local authority to any such report or recommendations, and

(b)the provision of a copy of such a document—

(i)to a member of a local authority under section 21A(8) or section 21B, or

(ii)to a relevant partner authority under section 21C,

by an overview and scrutiny committee or a local authority.

(2)The overview and scrutiny committee or the local authority, in publishing the document or providing a copy of the document to a relevant partner authority—

(a)must exclude any confidential information, and

(b)may exclude any relevant exempt information.

(3)The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information.

(4)Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document—

(a)may replace so much of the document as discloses the information with a summary which does not disclose that information, and

(b)must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.

(5)If by virtue of subsection (2), (3) or (4) an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—

(a)excludes information, or

(b)replaces part of the report or recommendations with a summary,

it is nevertheless to be taken for the purposes of section 21B(3)(c) or (d) to have published or provided a copy of the report or recommendations.

(6)In this section—

  • “confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils),

  • “exempt information” has the meaning given by section 100I of that Act, and, in relation to—

    (a)

    any report or recommendations of an overview and scrutiny committee which has functions under section 21(2)(f), or

    (b)

    any response to such a report or recommendations,

    also includes information which is exempt information under section 246 of the National Health Service Act 2006,

  • “relevant exempt information” means—

    (a)

    in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and

    (b)

    in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered, and

  • “relevant partner authority”, in relation to an overview and scrutiny committee which is a relevant committee within the meaning of section 21C, has the same meaning as in that section.

(7)In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.”

(2)In section 22 of that Act (access to information etc), after subsection (12) insert—

“(12A)The Secretary of State may by regulations make provision, in relation to—

(a)the publication by executives of local authorities in England under section 21B, or under any provision of regulations under section 21E which applies or reproduces (with or without modifications) any provision of section 21B, of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or

(b)the provision by such executives under that section of copies of such responses,

which applies or reproduces (with or without modifications) any provisions of section 21D.”

Commencement Information

I120S. 122 in force at 1.4.2009 by S.I. 2008/3110, art. 4(d)

[F180123Joint overview and scrutiny committeesE+W

(1)The Secretary of State may by regulations make provision under which any two or more local authorities in England may—

(a)appoint a joint committee (a “joint overview and scrutiny committee”), and

(b)arrange for the committee to exercise any functions in subsection (2).

(2)The functions in this subsection are functions of making reports or recommendations to—

(a)any of the local authorities appointing the committee (the “appointing authorities”), or

(b)if any of the appointing authorities is a non-unitary district council, the related county council,

about any matter which is not an excluded matter.

(3)In subsection (2) “excluded matter” means any matter with respect to which a crime and disorder committee could make a report or recommendations—

(a)by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny crime and disorder matters), or

(b)by virtue of subsection (3)(a) of that section.

(4)In subsection (2) references to making reports or recommendations to a local authority include, in the case of a local authority operating executive arrangements under Part 2 of the Local Government Act 2000, making reports or recommendations to its executive.

(5)Regulations under this section may in particular—

(a)provide for arrangements to be made only in circumstances, or subject to conditions or limitations, specified in the regulations;

(b)in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of—

(i)section 21(4) and (6) to (12) of the Local Government Act 2000,

(ii)sections 21A to 21D of that Act, or

(iii)section 246 of, and Schedule 17 to, the National Health Service Act 2006,

with or without modifications;

(c)make provision as to information which an associated authority of any appointing authority must provide, or may not disclose, to a joint overview and scrutiny committee (or, if the regulations make provision for the appointment of sub-committees of such a committee, to such a sub-committee).

(6)In subsection (5)(c) “associated authority”, in relation to any appointing authority, means—

(a)in the case of an appointing authority which is a non-unitary district council—

(i)the related county council, and

(ii)any person who is a partner authority in relation to the related county council;

(b)in the case of any other appointing authority, any person who is a partner authority in relation to the appointing authority.

(7)In subsection (6) “partner authority” has the same meaning as in Chapter 1 of this Part except that it does not include [F181a local policing body] or a chief officer of police.

(8)Regulations under this section may not make provision of a kind mentioned in subsection (5)(c) with respect to information in respect of which provision may be made in exercise of the power conferred by section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters).

(9)Any local authority and any joint overview and scrutiny committee must, in exercising or deciding whether to exercise any function conferred on it by or under this section, have regard to any guidance issued by the Secretary of State.

(10)In this section—

  • “local authority” has the same meaning as in Part 2 of the Local Government Act 2000;

  • “non-unitary district council” means a district council for a district in a county for which there is a county council (and the “related county council”, in relation to a non-unitary district council, means that county council).]

Textual Amendments

Modifications etc. (not altering text)

C19S. 123 modified by 2000 c. 22, s. 9FH(6) (as inserted (3.12.2011 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/1008, art. 4(b))

Commencement Information

I121S. 123 in force at 1.4.2009 by S.I. 2008/3110, art. 4(e)

F182124Overview and scrutiny committees of district councils: local improvement targetsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

125GuidanceE+W

In section 21 of the Local Government Act 2000 (overview and scrutiny committees: authorities operating executive arrangements), at the end insert—

“(16)In exercising, or deciding whether to exercise, any of its functions—

(a)an overview and scrutiny committee of a local authority in England, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State; and

(b)an overview and scrutiny committee of a local authority in Wales, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Welsh Ministers.

(17)Guidance under subsection (16) may make different provision for different cases or for different descriptions of committee or sub-committee.”

Commencement Information

I122S. 125 in force at 12.12.2008 by S.I. 2008/3110, art. 2(b)

126Reference of local crime and disorder matters to crime and disorder committees etcE+W

(1)The Police and Justice Act 2006 (c. 48) is amended as follows.

(2)In section 19 (local authority scrutiny of crime and disorder matters), for subsections (3) to (8) substitute—

“(3)A local authority must—

(a)ensure that its crime and disorder committee has power (whether by virtue of section 21(2) of the Local Government Act 2000 or regulations made under section 32(3) of that Act or otherwise) to make a report or recommendations to the local authority with respect to any matter which is a local crime and disorder matter in relation to a member of the authority, and

(b)make arrangements which enable any member of the authority who is not a member of the crime and disorder committee to refer any local crime and disorder matter to the committee.

(4)For the purposes of subsection (3)(b), arrangements enable a person to refer a matter to a committee if they enable him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee.

(5)Subsections (6) and (7) apply where a local crime and disorder matter is referred to a crime and disorder committee by a member of a local authority in accordance with arrangements made under subsection (3)(b).

(6)In considering whether or not to make a report or recommendations to the local authority in relation to the matter, the committee may have regard to—

(a)any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and

(b)any representations made by the member as to why it would be appropriate for the committee to exercise any power which it has by virtue of subsection (3)(a) in relation to the matter.

(7)If the committee decides not to make a report or recommendations to the local authority in relation to the matter, it must notify the member of—

(a)its decision, and

(b)the reasons for it.

(8)Where a crime and disorder committee of a local authority makes a report or recommendations to the authority by virtue of subsection (3)(a), it must—

(a)provide a copy of the report or recommendations to any member of the authority who referred the local crime and disorder matter in question to the committee in accordance with arrangements made under subsection (3)(b), and

(b)provide a copy of the report or recommendations to such of—

(i)the responsible authorities, and

(ii)the co-operating persons and bodies,

as it thinks appropriate.

(8A)Subsection (8B) applies where the crime and disorder committee of a local authority—

(a)makes a report or recommendations to the authority by virtue of subsection (3)(a), or

(b)provides a copy of a report or recommendations under subsection (2) or (8)(b).

(8B)Where this subsection applies—

(a)the crime and disorder committee must notify the authority, body or person to whom it makes the report or recommendations or provides the copy that paragraph (b) applies, and

(b)the authority, body or person must—

(i)consider the report or recommendations;

(ii)respond to the committee indicating what (if any) action it proposes to take;

(iii)have regard to the report or recommendations in exercising its functions.”

(3)In subsection (9)(b), for “subsection (1)(b) or (6)” substitute “ this section ”.

(4)In subsection (11)—

(a)after the definition of “crime and disorder functions” insert— “ electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983; ”, and

(b)for the definition of “local crime and disorder matter” substitute— “local crime and disorder matter”, in relation to a member of a local authority, means a matter concerning—

(a)crime and disorder (including in particular forms of crime and disorder that involve anti-social behaviour or other behaviour adversely affecting the local environment), or

(b)the misuse of drugs, alcohol and other substances,

which affects all or part of the electoral area for which the member is elected or any person who lives or works in that area. ”

(5)Section 20 (guidance and regulations regarding crime and disorder matters) is amended as follows.

(6)In subsections (1) and (2), after “under” insert “ or by virtue of ”.

(7)In subsection (5), omit—

(a)paragraph (f); and

(b)sub-paragraphs (i) to (iii) of paragraph (g).

Commencement Information

I123S. 126 in force at 30.4.2009 for E. by S.I. 2009/959, art. 2(a)

I124S. 126 in force at 1.10.2009 for W. by S.I. 2009/2539, art. 2(a)

127Overview and scrutiny committees: consequential amendmentsE+W

(1)In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees)—

(a)in subsection (2), after “their overview and scrutiny committees” insert “ , and any joint overview and scrutiny committees, ”;

(b)after that subsection insert—

“(2A)In subsection (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—

(a)a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 245 of the National Health Service Act 2006 appointed by the authority concerned and one or more other local authorities,

(b)an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section,

(c)a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 185 of the National Health Service (Wales) Act 2006 appointed by the authority concerned and one or more other local authorities,

(d)an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, or

(e)a joint overview and scrutiny committee within the meaning of section 123 of the Local Government and Public Involvement in Health Act 2007 (joint overview and scrutiny committees: local improvement targets) appointed by a group of partner authorities (within the meaning of that section) which includes the authority concerned.”;

(c)in subsection (4)—

(i)after “this section” insert “ , sections 21A to 21C ”; and

F183(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)omit subsection (8).

F184(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 245(3)(b) of the National Health Service Act 2006 (c. 41) (joint overview and scrutiny committees etc)—

(a)in sub-paragraph (i), for “(15)” substitute “ (17) ”; F185...

F185(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 185(3)(b) of the National Health Service (Wales) Act 2006 (c. 42) (joint overview and scrutiny committees etc)—

(a)in sub-paragraph (i), for “(15)” substitute “ (17) ”; and

(b)after that sub-paragraph insert—

“(ia)section 21A(1)(a) or (b) or (2) of that Act,”.

Textual Amendments

F185S. 127(3)(b) and preceding word repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(c)

Commencement Information

I125S. 127 in force at 1.4.2009 by S.I. 2008/3110, art. 4(g)

128Transitional provisionE+W

(1)Section 33E of the Local Government Act 2000 (c. 22) (proposals for change in governance arrangements) (which is inserted by section 64) applies (in addition to the cases mentioned in subsection (1) of that section) to a local authority which—

(a)by virtue of the coming into force of any provision of this Chapter is required to vary its executive arrangements; or

(b)by virtue of the coming into force of any provision of regulations made under section 32 of that Act (alternative arrangements) by virtue of any provision of this Chapter is required to vary its alternative arrangements.

(2)In this section, “alternative arrangements”, “executive arrangements” and “local authority” have the same meanings as in Part 2 of the Local Government Act 2000.

Commencement Information

I126S. 128 in force at 1.4.2009 by S.I. 2008/3110, art. 4(h)

Part 6E+WByelaws

129Alternative procedure for byelawsE+W

(1)The Local Government Act 1972 (c. 70) is amended as follows.

(2)In section 236 (procedure for byelaws), in subsection (2) (byelaws to which the section does not apply), after “apply to” insert—

“(a)byelaws of a class prescribed by regulations under section 236A, or

(b)”.

(3)After section 236 insert—

“236AAlternative procedure for certain byelaws

(1)The Secretary of State may, in relation to England, by regulations—

(a)prescribe classes of byelaws to which section 236 does not apply, and

(b)make provision about the procedure for the making and coming into force of such byelaws.

(2)The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—

(a)the enactment under which byelaws are made,

(b)the subject-matter of byelaws,

(c)the authority by whom byelaws are made,

(d)the authority or person by whom byelaws are confirmed.

(3)The regulations may, in particular, include provision about—

(a)consultation to be undertaken before a byelaw is made,

(b)publicising a byelaw after it is made.

(4)The regulations may make—

(a)such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and

(b)different provision for different areas, including different provision for different localities and for different authorities.

(5)Regulations may not be made under subsection (1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.”

(4)In section 237 (offences against byelaws), after “applies” insert “ and byelaws of a class prescribed by regulations under section 236A ”.

Commencement Information

I127S. 129 in force at 27.1.2010 by S.I. 2010/112, art. 2(a)

130Fixed penalties for breach of byelawsE+W

(1)After section 237 of the Local Government Act 1972 (c. 70) insert—

“237AFixed penalty notices

(1)The Secretary of State may, in relation to England, by regulations prescribe classes of byelaws to which this section applies.

(2)The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—

(a)the enactment under which byelaws are made,

(b)the subject-matter of byelaws,

(c)the authority by whom byelaws are made,

(d)the authority or person by whom byelaws are confirmed.

(3)Where—

(a)an authorised officer of an authority which has made a byelaw to which this section applies has reason to believe that a person has committed an offence against the byelaw, or

(b)an authorised officer of a parish council has reason to believe that a person has in its area committed an offence against a byelaw to which this section applies made by an authority other than the parish council,

the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.

(4)A fixed penalty notice under this section is payable to the authority whose officer gave the notice.

(5)Where a person is given a notice under this section in respect of an offence—

(a)no proceedings may be instituted for the offence before the end of the period of fourteen days following the date of the notice, and

(b)he may not be convicted of the offence if he pays the fixed penalty before the end of that period.

(6)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence.

(7)A notice under this section must also state—

(a)the period during which, by virtue of subsection (5), proceedings will not be taken for the offence,

(b)the amount of the fixed penalty, and

(c)the person to whom and the address at which the fixed penalty may be paid.

(8)Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (7)(c) at the address so mentioned.

(9)Where a letter is sent in accordance with subsection (8) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(10)The form of a notice under this section may be specified in regulations under subsection (1).

(11)In any proceedings a certificate which—

(a)purports to be signed on behalf of the chief finance officer of an authority, and

(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(12)In this section—

  • “authorised officer”, in relation to an authority, means—

    (a)

    an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section,

    (b)

    any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform the function, and

    (c)

    any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices,

  • “chief finance officer”, in relation to an authority, means the person having responsibility for the financial affairs of the authority.

(13)Regulations under subsection (1) may prescribe conditions to be satisfied by a person before a parish council may authorise him in writing for the purpose of giving notices under this section.

237BAmount of fixed penalty

(1)The amount of a fixed penalty payable in pursuance of a notice under section 237A is—

(a)the amount specified by the authority which made the byelaw, or

(b)if no amount is so specified, £75.

(2)An authority may specify different amounts in relation to different byelaws.

(3)The Secretary of State may by regulations make provision in connection with the powers under subsections (1)(a) and (2).

(4)Regulations under subsection (3) may, in particular—

(a)require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations,

(b)restrict the extent to which, and the circumstances in which, an authority can make provision under subsection (2).

(5)The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).

237CPower to require name and address in connection with fixed penalty

(1)If an authorised officer proposes to give a person a notice under section 237A, the officer may require the person to give him his name and address.

(2)A person commits an offence if—

(a)he fails to give his name and address when required to do so under subsection (1), or

(b)he gives a false or inaccurate name or address in response to a requirement under that subsection.

(3)A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)In this section, “authorised officer” has the same meaning as in section 237A.”

(2)After section 237E of the Local Government Act 1972 (c. 70) (as inserted by section 132) insert—

“237FFurther provision about regulations and orders under section 237A or 237B

(1)Regulations under section 237A or 237B, and an order under section 237B, may make—

(a)such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and

(b)different provision for different areas, including different provision for different localities and for different authorities.

(2)A statutory instrument containing—

(a)regulations under section 237A or 237B which amend or repeal any provision of an Act, or

(b)an order under section 237B which amends or repeals any provision of an Act,

may not be made unless a draft of the instrument containing the regulations or order has been laid before, and approved by a resolution of, each House of Parliament.

(3)Otherwise, a statutory instrument containing regulations under section 237A or 237B, or an order under section 237B, shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I128S. 130 in force at 27.1.2010 by S.I. 2010/112, art. 2(b)

131Use of fixed penalty receiptsE+W

After section 237C of the Local Government Act 1972 (as inserted by section 130) insert—

“237DUse of fixed penalty receipts

(1)“Fixed penalty receipts” means amounts paid to an authority in pursuance of notices under section 237A.

(2)The authority shall have regard to the desirability of using its fixed penalty receipts for the purpose of combating any relevant nuisance.

(3)A “relevant nuisance” is a nuisance in the authority's area for the prevention of which any byelaw to which section 237A applies was made.”

Commencement Information

I129S. 131 in force at 27.1.2010 by S.I. 2010/112, art. 2(c)

132GuidanceE+W

After section 237D of the Local Government Act 1972 (c. 70) (as inserted by section 131) insert—

“237EGuidance relating to sections 236A and 237A to 237D

An authority which makes byelaws of a class prescribed by regulations under section 236A or 237A must have regard to any guidance issued by the Secretary of State about—

(a)procedure for which provision is made by regulations under section 236A(1);

(b)fixed penalties;

(c)anything related to the matters mentioned in paragraph (a) or (b).”

Commencement Information

I130S. 132 in force at 27.1.2010 by S.I. 2010/112, art. 2(d)

133Community support officers etcE+W

(1)The Police Reform Act 2002 (c. 30) is amended as follows.

(2)In Schedule 4 (community support officers)—

(a)in paragraph 1 (powers to issue fixed penalty notices), after sub-paragraph (3) insert—

“(3A)For the purposes of paragraph (e) of section 64A(1B) of the Police and Criminal Evidence Act 1984 (photographing of suspects in relation to fixed penalty offences) “relevant fixed penalty offence”, in relation to a designated person, includes an offence under a relevant byelaw within the meaning of paragraph 1ZA(4) (and, accordingly, the reference in that paragraph (e) to paragraph 1 of this Schedule includes a reference to paragraph 1ZA of this Schedule).”;

(b)after paragraph 1 (powers to issue fixed penalty notices) insert—

“1ZA(1)This paragraph applies if a designation applies it to any person.

(2)Such a designation may specify that, in relation to that person, the application of sub-paragraph (3) is confined to one or more only (and not all) relevant byelaws, being in each case specified in the designation.

(3)Where that person has reason to believe that an individual has committed an offence against a relevant byelaw at a place within the relevant police area, he may exercise the power of an authorised officer of an authority to give a notice under section 237A of the Local Government Act 1972 (fixed penalty notices in relation to offences against certain byelaws).

(4)In this paragraph “relevant byelaw”, in relation to a designated person, means a byelaw which—

(a)falls within sub-paragraph (5); and

(b)is specified or described in that person's designation as a byelaw he has been designated to enforce under this paragraph.

(5)A byelaw falls within this sub-paragraph if—

(a)it is a byelaw to which section 237A of the Local Government Act 1972 applies (fixed penalty notices in relation to offences against certain byelaws); and

(b)the chief officer of the police force for the relevant police area and the authority who made the byelaw have agreed to include it in a list of byelaws for the purposes of this sub-paragraph.

(6)A list under sub-paragraph (5)(b) must be published by the chief officer in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.

(7)The list may be amended from time to time by agreement between the chief officer and the authority, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the chief officer as mentioned in sub-paragraph (6).”;

(c)in paragraph 2(6) (relevant offence for the purpose of the power to detain etc), after paragraph (aa) insert—

“(aza)an offence under a relevant byelaw within the meaning of paragraph 1ZA(4); or”.

(3)In Schedule 5 (accredited persons)—

(a)in paragraph 1 (power to issue fixed penalty notices), after sub-paragraph (3) insert—

“(3A)For the purposes of paragraph (f) of section 64A(1B) of the Police and Criminal Evidence Act 1984 (photographing of suspects in relation to fixed penalty offences) “relevant fixed penalty offence”, in relation to an accredited person, includes an offence under a relevant byelaw within the meaning of paragraph 1A(4) (and, accordingly, the reference in that paragraph (f) to paragraph 1 of this Schedule includes a reference to paragraph 1A of this Schedule).”;

(b)after paragraph 1 insert—

“1A(1)This paragraph applies to an accredited person whose accreditation specifies that it applies to him.

(2)The accreditation may specify that, in relation to that person, the application of sub-paragraph (3) is confined to one or more only (and not all) relevant byelaws, being in each case specified in the accreditation.

(3)Where that person has reason to believe that an individual has committed an offence against a relevant byelaw at a place within the relevant police area, he may exercise the power of an authorised officer of an authority to give a notice under section 237A of the Local Government Act 1972 (fixed penalty notices in relation to offences against certain byelaws).

(4)In this paragraph “relevant byelaw”, in relation to an accredited person, means a byelaw which—

(a)falls within sub-paragraph (5); and

(b)is specified or described in that person's accreditation as a byelaw he has been accredited to enforce under this paragraph.

(5)A byelaw falls within this sub-paragraph if—

(a)it is a byelaw to which section 237A of the Local Government Act 1972 applies (fixed penalty notices in relation to offences against certain byelaws); and

(b)the chief officer of the police force for the relevant police area and the authority who made the byelaw have agreed to include it in a list of byelaws for the purposes of this sub-paragraph.

(6)A list under sub-paragraph (5)(b) must be published by the chief officer in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.

(7)The list may be amended from time to time by agreement between the chief officer and the authority, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the chief officer as mentioned in sub-paragraph (6).”;

(c)in paragraph 2(3) (relevant offence for the purpose of the power to require giving of name and address), after paragraph (aa) insert—

“(aza)an offence under a relevant byelaw within the meaning of paragraph 1A(4); or”;

(d)in paragraph 9ZA (photographing of persons given fixed penalty notices), after “paragraph 1(2)” insert “ or in exercise of the power mentioned in paragraph 1A(3) ”.

Commencement Information

I131S. 133 in force at 27.1.2010 by S.I. 2010/112, art. 2(e)

134Revocation of byelawsE+W

After section 236A of the Local Government Act 1972 (inserted by section 129) insert—

“236BRevocation of byelaws

(1)This section applies to—

(a)a local authority;

(b)the Greater London Authority;

(c)Transport for London;

(d)a metropolitan county passenger transport authority.

(2)Such an authority may make a byelaw under this section to revoke a byelaw made by the authority.

(3)The power under subsection (2) may be exercised only where the authority has no other power to revoke the byelaw.

(4)The confirming authority in relation to a byelaw made under this section shall be—

(a)in relation to a byelaw made by a local authority in Wales, the Welsh Ministers;

(b)in relation to any other byelaw, the Secretary of State.

(5)The Secretary of State may, in relation to England, by order revoke any byelaw which appears to him to have become spent, obsolete or unnecessary.

(6)The Welsh Ministers may, in relation to Wales, by order revoke any byelaw which appears to them to have become spent, obsolete or unnecessary.

(7)An order under this section may make—

(a)such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the person making the order considers appropriate, and

(b)different provision for different areas, including different provision for different localities and for different authorities.

(8)A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Secretary of State unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(9)Otherwise, a statutory instrument containing an order made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Welsh Ministers unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.

(11)Otherwise, a statutory instrument containing an order made by the Welsh Ministers under this section shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.”

Commencement Information

I132S. 134 in force at 27.1.2010 by S.I. 2010/112, art. 2(f)

135Further amendments relating to byelawsE+W

Schedule 6 (further amendments of the law relating to byelaws) has effect.

Commencement Information

I133S. 135 in force at 27.1.2010 by S.I. 2010/112, art. 2(g)

Part 7E+WBest value

Best value authoritiesE+W

136Parish councils and community councils etc not to be best value authoritiesE+W

(1)In section 1 of the Local Government Act 1999 (c. 27) (best value authorities)—

(a)in subsection (2) (definition of local authority in relation to England), in paragraph (a), for “, a London borough council, a parish council or a parish meeting of a parish which does not have a separate parish council” substitute “ or a London borough council ”;

F186(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in subsection (7) (definition of local authority in Wales), for “, county borough council or community council” substitute “ or county borough council ”.

(2)In section 2(2) of that Act (authorities to which best value duties may be extended), omit paragraph (a) (local precepting authorities).

(3)Schedule 7 (consequential amendments) has effect.

Textual Amendments

Commencement Information

I134S. 136 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(a)

Duties of best value authoritiesE+W

137Guidance about general best value dutyE+W

In section 3 of the Local Government Act 1999 (c. 27) (best value authorities: general duty), for subsection (4) substitute—

“(4)In deciding—

(a)how to fulfil the duty arising under subsection (1),

(b)who to consult under subsection (2), or

(c)the form, content and timing of consultations under that subsection,

an authority must have regard to any guidance issued by the Secretary of State.”

Commencement Information

I135S. 137 in force at 1.4.2008 in relation to E. and police authorities in W. by S.I. 2008/917, art. 2(1)(b)

I136S. 137 in force at 1.4.2008 for W. save in relation to a police authority for a police area in Wales by S.I. 2008/591, art. 2(a)

138Involvement of local representativesE+W

(1)After section 3 of the Local Government Act 1999 insert—

“3AInvolvement of local representatives

(1)Where a best value authority considers it appropriate for representatives of local persons (or of local persons of a particular description) to be involved in the exercise of any of its functions by being—

(a)provided with information about the exercise of the function,

(b)consulted about the exercise of the function, or

(c)involved in another way,

it must take such steps as it considers appropriate to secure that such representatives are involved in the exercise of the function in that way.

(2)Subsection (1) does not require an authority to take a step—

(a)if the authority does not have power to take the step under another enactment or a rule of law; or

(b)if the step would be incompatible with [F187an EU] obligation or any other duty imposed on the authority under another enactment or a rule of law.

(3)Subsection (1) does not apply—

(a)to a police authority,

(b)to a Welsh best value authority,

(c)to any other authority or description of authority specified in an order made by the Secretary of State, or

(d)in any other case specified in such an order.

(4)An order under subsection (3)(d) may specify cases by reference, in particular, to the following—

(a)best value authorities or descriptions of best value authority;

(b)functions of best value authorities;

(c)descriptions of local person;

(d)ways in which representatives may be involved in the exercise of functions of an authority.

(5)In deciding how to fulfil its duties under subsection (1), an authority must have regard to any guidance issued by the Secretary of State.

(6)In this section—

  • “enactment” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978);

  • “local person” means, in relation to a function of a best value authority, a person who is likely to be affected by, or interested in, the exercise of the function;

  • “representative” means, in relation to local persons or a description of local person, a person who appears to the best value authority to be representative of the local persons.”

(2)In section 28(2) of that Act (negative procedure for certain orders and regulations), after first “section” insert “ 3A, ”.

Textual Amendments

Commencement Information

I137S. 138 in force at 1.4.2009 by S.I. 2008/917, art. 3(a)

139Abolition of performance indicators etc except for Welsh authoritiesE+W

(1)Immediately before section 4 of the Local Government Act 1999 (c. 27) insert “ Duties: Welsh best value authorities ”.

(2)In section 4 of that Act (performance indicators and standards)—

(a)in subsection (1)(a), for “best value authority's” substitute “ Welsh best value authority's ”;

(b)in subsections (1)(b), (3)(a) and (4)(a), for “best value authorities” substitute “ Welsh best value authorities ”;

(c)in subsection (5), for “best value authority” substitute “ Welsh best value authority ”.

(3)In section 6 of that Act (performance plans), in subsection (1), for “best value authority” substitute “ Welsh best value authority ”.

Commencement Information

I138S. 139 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(c) (with art. 6(1)-(3))

140Abolition of best value performance reviewsE+W

Omit section 5 of the Local Government Act 1999 (best value reviews).

Commencement Information

I139S. 140 in force at 1.4.2008 for E. by S.I. 2008/917, art. 2(1)(d)

I140S. 140 in force at 1.4.2008 for W. save in relation to a police authority for a police area in Wales by S.I. 2008/591, art. 2(b)

Powers to modify enactments etcE+W

141Consultation with and consent of Welsh MinistersE+W

(1)In section 16 of the Local Government Act 1999 (power to modify enactments obstructing compliance with best value duties and confer new powers), after subsection (3A) insert—

“(3B)In exercising a power under this section, the Secretary of State must not make provision which has effect in relation to Wales unless he has consulted the Welsh Ministers.

(3C)In exercising a power under this section, the Secretary of State—

(a)must not make provision amending, or modifying or excluding the application of, Measures or Acts of the National Assembly for Wales without the consent of the National Assembly for Wales;

(b)must not make provision amending, or modifying or excluding the application of, subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers.

(3D)Subsection (3C) does not apply to the extent that the Secretary of State is making incidental or consequential provision.”

(2)In section 97 of the Local Government Act 2003 (c. 26) (power to modify enactments in connection with charging or trading)—

(a)for subsection (7) substitute—

“(7A)In exercising a power under subsection (1) or (2), the Secretary of State must not make provision which has effect in relation to Wales unless he has consulted the Welsh Ministers.

(7B)In exercising a power under subsection (1) or (2), the Secretary of State—

(a)must not amend, or repeal or disapply, Measures or Acts of the National Assembly for Wales without the consent of the National Assembly for Wales;

(b)must not amend, or revoke or disapply, subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers.

(7C)Subsection (7B) does not apply to the extent that the Secretary of State is making incidental or consequential provision.”;

(b)in subsection (8), for “National Assembly for Wales” substitute “ Welsh Ministers ”.

(3)In section 98 of that Act (procedure for orders under section 97), in subsection (2)—

(a)for “subsection (7)(a)” substitute “ subsection (7A) ”;

(b)in paragraph (d) for “National Assembly for Wales” substitute “ Welsh Ministers ”.

Commencement Information

I141S. 141 in force at 30.12.2007, see s. 245(2)

142Power of Welsh Ministers to modify enactments obstructing best value etcE+W

(1)In section 16 of the Local Government Act 1999 (c. 27) (power to modify enactments and confer new powers)—

(a)in the title, after “Power” insert “ of Secretary of State ”;

(b)after subsection (5) insert—

“(6)In this section—

(a)“enactment” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978);

(b)references to a best value authority do not include a Welsh best value authority.”

(2)After section 17 of that Act insert—

“17APower of Welsh Ministers to modify enactments and confer new powers

(1)If the Welsh Ministers think that an enactment prevents or obstructs compliance by Welsh best value authorities with the requirements of this Part they may by order make provision modifying or excluding the application of the enactment in relation to—

(a)all Welsh best value authorities,

(b)particular Welsh best value authorities, or

(c)particular descriptions of Welsh best value authority.

(2)The Welsh Ministers may by order make provision conferring on—

(a)all Welsh best value authorities,

(b)particular Welsh best value authorities, or

(c)particular descriptions of Welsh best value authority,

any power which they consider necessary or expedient to permit or facilitate compliance with the requirements of this Part.

(3)An order under this section may—

(a)impose conditions on the exercise of any power conferred by the order (including conditions about consultation or approval);

(b)amend an enactment;

(c)include consequential, incidental and transitional provision;

(d)make different provision for different cases.

(4)The power under subsection (3)(d) includes, in particular, power to make different provision in relation to different authorities or descriptions of authority.

(5)An order under this section may not make a provision which, if it were a provision of a Measure of the National Assembly for Wales, would be outside the Assembly's legislative competence.

(6)For the purposes of subsection (5), section 94(4) of the Government of Wales Act 2006 has effect as if paragraph (a) (matters within legislative competence) were omitted.

(7)Subject to subsection (8), no order shall be made under this section unless a draft has been laid before, and approved by resolution of, the National Assembly for Wales.

(8)An order under this section which is made only for the purpose of amending an earlier order under this section—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,

shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(9)In exercising a power conferred under subsection (2) a Welsh best value authority shall have regard to any guidance issued by the Welsh Ministers.

(10)In this section, “enactment” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978).

17BOrders under section 17A: procedure

(1)Before the Welsh Ministers make an order under section 17A they shall consult such authorities or persons as appear to them to be representative of interests affected by their proposals.

(2)If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 17A they shall lay before the National Assembly for Wales a document explaining their proposals and, in particular—

(a)setting them out in the form of a draft order, and

(b)giving details of consultation under subsection (1).

(3)Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 17A to give effect to the proposals (with or without modification) shall be laid before the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was laid.

(4)In calculating the period mentioned in subsection (3) no account shall be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.

(5)In preparing a draft order under section 17A the Welsh Ministers shall consider any representations made during the period mentioned in subsection (3) above.

(6)A draft order laid before the National Assembly for Wales in accordance with section 17A(7) shall be accompanied by a statement of the Welsh Ministers giving details of—

(a)any representations considered in accordance with subsection (5) above, and

(b)any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2) above.

(7)Nothing in this section applies to an order under section 17A which is made only for the purpose mentioned in section 17A(8).”

(3)Until the commencement of section 144(1), in the provisions inserted by this section references to a Welsh best value authority have effect as if they were references to an authority which is a best value authority in Wales for the purposes of Part 1 of the Local Government Act 1999 (c. 27), other than a police authority for a police area in Wales.

Commencement Information

I142S. 142 in force at 30.12.2007, see s. 245(2)

OtherE+W

143Grants to promote or facilitate exercise of functions by best value authoritiesE+W

(1)In the Local Government Act 2003 (c. 26), after section 36 insert—

“36AGrants by Ministers of the Crown in respect of best value authorities etc

(1)A Minister of the Crown may pay a grant to a person for use in, or in connection with, promoting or facilitating the economic, efficient and effective exercise of functions by a best value authority or best value authorities.

(2)The power to make a grant under this section is exercisable only with the consent of—

(a)the Treasury, and

(b)in the case of a grant in respect of the exercise of functions by a Welsh best value authority, the Welsh Ministers.

(3)The power to pay a grant under this section does not include power to pay a grant to a best value authority.

(4)The amount of a grant under this section, and the method of payment, are to be such as the Minister of the Crown may determine.

(5)A grant under this section may be paid on such conditions as the Minister of the Crown may determine.

(6)Conditions under subsection (5) may, in particular, include—

(a)provision as to the use of the grant;

(b)provision as to circumstances in which the whole or part of the grant must be repaid.

(7)For the purposes of this section—

  • “best value authority” includes the Greater London Authority, whether exercising its functions through the Mayor or otherwise;

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

  • “Welsh best value authority” means an authority which is a Welsh best value authority for the purposes of Part 1 of the Local Government Act 1999.

36BGrants by Welsh Ministers in respect of Welsh best value authorities

(1)The Welsh Ministers may pay a grant to a person for use in, or in connection with, promoting or facilitating the economic, efficient and effective exercise of functions by a Welsh best value authority or Welsh best value authorities.

(2)The power to pay a grant under this section does not include power to pay a grant to a best value authority.

(3)The amount of a grant under this section, and the method of payment, are to be such as the Welsh Ministers may determine.

(4)A grant under this section may be paid on such conditions as the Welsh Ministers may determine.

(5)Conditions under subsection (4) may, in particular, include—

(a)provision as to the use of the grant;

(b)provision as to circumstances in which the whole or part of the grant must be repaid.

(6)For the purposes of this section—

  • “best value authority” includes the Greater London Authority, whether exercising its functions through the Mayor or otherwise;

  • “Welsh best value authority” means an authority which is a Welsh best value authority for the purposes of Part 1 of the Local Government Act 1999.”

(2)Until the commencement of section 144(1), the provisions inserted by this section have effect as if—

(a)the definition of “Welsh best value authority” were omitted; and

(b)references to a Welsh best value authority were references to an authority which is a best value authority in Wales for the purposes of Part 1 of the Local Government Act 1999 (c. 27), other than a police authority for a police area in Wales.

Commencement Information

I143S. 143 in force at 30.12.2007, see s. 245(2)

144Best value: minor and consequential amendmentsE+W

(1)In section 1 of the Local Government Act 1999 (best value authorities), in subsection (6) (best value authorities in Wales)—

(a)for “best value authority in Wales” substitute “ Welsh best value authority ”;

(b)omit paragraph (c) (police authority).

(2)Schedule 8 (minor and consequential amendments) has effect.

Commencement Information

I144S. 144 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(e)

Part 8E+WLocal services: inspection and audit

Chapter 1E+WConstitution of the Audit Commission

145MembershipE+W

In section 1(2) of the Audit Commission Act 1998 (c. 18) (number of members of Commission)—

(a)for “15” substitute “ 10 ”, and

(b)for “20” substitute “ 15 ”.

Commencement Information

I145S. 145 in force at 1.8.2009 by S.I. 2008/3110, art. 5(a)

146Change of nameE+W

(1)The body which, immediately before the commencement of this section, was known as the Audit Commission for Local Authorities and the National Health Service in England and Wales is to be known as the Audit Commission for Local Authorities and the National Health Service in England.

(2)Accordingly, in section 1(1) of the Audit Commission Act 1998 (c. 18) (which continues the existence of the Audit Commission for Local Authorities and the National Health Service in England and Wales), omit “and Wales”.

(3)Schedule 9 (further amendments consequential on subsection (1)) has effect.

(4)References in any enactment (other than this section) or in subordinate legislation to—

(a)the Audit Commission for Local Authorities and the National Health Service in England and Wales, or

(b)the Audit Commission for Local Authorities in England and Wales,

are, unless the contrary intention appears, to be read as references to the Audit Commission for Local Authorities and the National Health Service in England.

Commencement Information

I146S. 146 in force at 1.4.2008 by S.I. 2008/172, art. 4(a)

Chapter 2E+WAudit Commission and auditors: functions and procedure

Benefits inspectionsE+W

147Powers of the Audit Commission relating to benefitsE+W

(1)In section 13 of the Local Government Act 1999 (c. 27) (reports by Audit Commission relating to best value authorities), after subsection (4) insert—

“(4A)If a report relates to any extent to the administration of housing benefit or council tax benefit and the Commission thinks fit to do so, it shall as soon as reasonably practicable send a copy of the report to the Secretary of State.”

(2)[F188In section 139D of the Social Security Administration Act 1992 (c. 5) (power of Secretary of State to give directions following report), in subsection (1), after paragraph (ba) insert—

“(bb)a copy of a report has been sent to a local authority under subsection (3) of section 13 of the Local Government Act 1999 and to the Secretary of State under subsection (4A) of that section;”.]

Textual Amendments

F188S. 147(2) repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

Commencement Information

I147S. 147 in force at 1.4.2008 by S.I. 2008/172, art. 4(b)

148Benefit Fraud Inspectorate: transfers to the Audit CommissionE+W

(1)The Secretary of State may make a scheme for the transfer to the Audit Commission of property, rights and liabilities of—

(a)the Secretary of State;

(b)[F189a person authorised under section 139A of the Social Security Administration Act 1992 (reports on administration of housing benefit and council tax benefit).]

(2)The Secretary of State may only exercise the power under subsection (1) to the extent that he considers it appropriate having regard to the functions of the Audit Commission relating to the administration of housing benefit and council tax benefit in England.

(3)Before making a scheme under this section, the Secretary of State must consult the Audit Commission.

(4)A transfer scheme may make provision for rights and liabilities relating to an individual's contract of employment to be transferred, but only if—

(a)immediately before the date on which the scheme takes effect, the individual is employed in the civil service of the State in the part of the Department for Work and Pensions known as the Benefit Fraud Inspectorate; and

(b)the individual and the Audit Commission have consented to the provision.

(5)Schedule 10 (further provision about transfer schemes) has effect.

(6)For the purposes of this section and Schedule 10, where an individual is employed in the civil service of the State on terms which do not constitute a contract of employment—

(a)the individual shall be treated as if he were employed under a contract of employment; and

(b)the terms of his service shall be treated as if they were the terms of the contract.

(7)In this section and in Schedule 10—

  • “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England;

  • “transfer scheme” means a transfer scheme under subsection (1).

Textual Amendments

Commencement Information

I148S. 148 in force at 31.3.2008 by S.I. 2008/172, art. 3

Interaction with other authoritiesE+W

149Interaction of the Audit Commission with other authoritiesE+W

(1)The Audit Commission Act 1998 (c. 18) is amended as follows.

(2)Omit section 37 (assistance to inspection authorities).

(3)In Part 4, before the italic heading preceding section 48 insert—

“Interaction with other authoritiesE+W
47BInteraction with other authorities

Schedule 2A (interaction with other authorities) has effect.”

(4)After Schedule 2 to that Act, insert the Schedule 2A (interaction with other authorities) set out at Schedule 11.

Commencement Information

I149S. 149 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(a)

150Interaction of benefits inspectors with the Audit CommissionE+W

[F190After section 139B of the Social Security Administration Act 1992 (c. 5) insert—

139BA“Interaction with Audit Commission

(1)A person authorised under section 139A(1) must from time to time, or at such times as the Secretary of State may specify by order, prepare—

(a)a document setting out what inspections of English authorities he proposes to carry out (an “inspection programme”);

(b)a document setting out the way in which he proposes to carry out his functions of inspecting and reporting on such authorities (an “inspection framework”).

(2)The person authorised under section 139A(1) must—

(a)consult the Audit Commission before preparing an inspection programme or an inspection framework; and

(b)once an inspection programme or inspection framework is prepared, send a copy of it to—

(i)the Secretary of State; and

(ii)the Audit Commission.

(3)The Secretary of State may by order specify the form that inspection programmes or inspection frameworks must take.

(4)A person authorised under section 139A(1)—

(a)must co-operate with the Audit Commission, and

(b)may act jointly with the Audit Commission,

where it is appropriate to do so for the efficient and effective discharge of the person's functions in relation to English authorities.

(5)In this section—

  • “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England;

  • “English authorities” means authorities administering housing benefit or council tax benefit in England;

  • “person” does not include the Audit Commission.”]

Textual Amendments

F190S. 150 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

Commencement Information

I150S. 150 in force at 1.4.2008 by S.I. 2008/172, art. 4(c)

Inspections and auditE+W

151Powers of auditors and inspectors to obtain informationE+W

(1)In section 6 of the Audit Commission Act 1998 (c. 18) (auditors' right to documents and information)—

(a)after subsection (1) insert—

“(1A)The right conferred by subsection (1) includes power to inspect, copy or take away the document.”;

(b)after subsection (4) insert—

“(4A)In relation to a document kept in electronic form, the power in subsection (2)(b) to require a person to produce a document includes power to require it to be produced in a form in which it is legible and can be taken away.

(4B)In connection with inspecting such a document, an auditor—

(a)may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been used in connection with the document;

(b)may require a person within subsection (4C) to afford him such reasonable assistance as he may require for that purpose.

(4C)A person is within this subsection if he is—

(a)the person by whom or on whose behalf the computer is or has been used; or

(b)a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.”;

(c)in subsection (5), for “(4)” substitute “ (4C) ”;

(d)in subsection (6)—

(i)after “reasonable excuse” insert “ obstructs the exercise of any power conferred by this section or ”;

(ii)for “subsection (1), (2) or (4)” substitute “ this section ”.

(2)In section 11 of the Local Government Act 1999 (c. 27) (inspectors' powers and duties in connection with best value inspections)—

(a)after subsection (1) insert—

“(1A)The right conferred by subsection (1)(b) includes power to inspect, copy or take away the document.”;

(b)after subsection (2) insert—

“(2A)In relation to a document kept in electronic form, the power in subsection (2)(b) to require a person to produce a document includes power to require it to be produced in a form in which it is legible and can be taken away.

(2B)In connection with inspecting such a document, an inspector—

(a)may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been used in connection with the document;

(b)may require a person within subsection (2C) to afford him such reasonable assistance as he may require for that purpose.

(2C)A person is within this subsection if he is—

(a)the person by whom or on whose behalf the computer is or has been used; or

(b)a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.”;

(c)in subsection (5), after “reasonable excuse” insert “ obstructs the exercise of any power conferred by this section or ”.

Commencement Information

I151S. 151 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(b)

152Inspections of best value authoritiesE+W

(1)Section 10 of the Local Government Act 1999 (inspections) is amended as follows.

(2)Before subsection (1) insert—

“(A1)The Audit Commission may carry out an inspection of a best value authority's performance of its functions or of any particular function or functions.”

(3)In subsection (1), after “may” insert “ , in particular, ”.

Commencement Information

I152S. 152 in force at 1.4.2008 by S.I. 2008/172, art. 4(d)

Studies and reports etcE+W

153National studiesE+W

(1)Part 3 of the Audit Commission Act 1998 (c. 18) (studies, performance standards and other functions) is amended as follows.

(2)In section 33(6) (studies for improving economy etc in services)—

(a)before paragraph (a) insert—

“(za)consult the Secretary of State;”;

(b)in paragraph (c), omit “the Secretary of State,”;

(c)in paragraph (ca), after “consult” insert “ the Welsh Ministers and ”;

(d)after paragraph (e) insert “; and

(f)in the case of any other study relating to a body in respect of which the Welsh Ministers may exercise functions, consult the Welsh Ministers.”

(3)In section 34(6) (reports on impact of statutory provisions etc)—

(a)for paragraph (b) substitute—

“(b)the Secretary of State;”;

(b)in paragraph (da), after “consult” insert “ the Welsh Ministers and ”.

Commencement Information

I153S. 153 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(c)

154Studies at request of particular bodiesE+W

In the Audit Commission Act 1998, omit—

(a)section 35 (studies at request of bodies subject to audit);

(b)section 35A (studies for functional bodies at request of Greater London Authority).

Commencement Information

I154S. 154 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(d)

155Registered social landlordsE+W

(1)In section 40(1) of the Audit Commission Act 1998 (studies relating to registered social landlords), omit “(other than registered social landlords in Wales)”.

F191(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)After section 41B of that Act insert—

“41CAdvice and assistance for registered social landlords

(1)The Commission may, if it thinks it appropriate to do so, provide advice or assistance to a registered social landlord for the purpose of the exercise by the registered social landlord of its functions.

(2)Advice or assistance under this section may be provided on such terms, including terms as to payment, as the Commission thinks fit.”

(4)Omit section 42 of that Act (consultancy services relating to audit of accounts of registered social landlords).

F192(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I155S. 155 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(e)

156Information about performance standards of local authorities etcE+W

In the Audit Commission Act 1998 (c. 18), omit sections 44 to 47 (publication of information about standards of performance).

Commencement Information

I156S. 156 in force at 1.4.2008 by S.I. 2008/172, art. 4(e)

157Reports on English local authoritiesE+W

(1)In Part 3 of the Audit Commission Act 1998, after section 47 insert—

“Reports on performanceE+W
“47AReports relating to performance of English local authorities

(1)The Commission may produce comparative and other reports in relation to one or more of the following aspects of the performance of English local authorities in exercising their functions—

(a)the risk that authorities may fail to perform their functions or fail to perform their functions adequately;

(b)the rate at which authorities' performance is improving;

(c)the economy, efficiency and effectiveness of authorities' use of resources.

(2)A report under subsection (1) may relate to—

(a)all English local authorities;

(b)any particular English local authority or authorities; or

(c)particular descriptions of English local authority.

(3)A report under subsection (1) may relate to particular functions of authorities.

(4)In this section, “English local authority” means—

(a)a county council in England;

(b)a district council;

(c)a London borough council;

(d)the Council of the Isles of Scilly;

(e)the Common Council of the City of London in its capacity as a local authority;

(f)a metropolitan fire and civil defence authority;

(g)the London Fire and Emergency Planning Authority; or

(h)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.

(5)The Secretary of State may by order amend the definition of “English local authority” in subsection (4) by adding any authority or body which is a best value authority, other than—

(a)an authority or body which is a Welsh best value authority for the purposes of Part 1 of the Local Government Act 1999;

(b)a police authority for a police area in Wales.

(6)The Secretary of State may by order remove from that definition any authority or body for the time being mentioned in it.

(7)The powers in subsections (5) and (6) may be exercised to add or remove an authority or body to the extent that it acts in a capacity, or exercises functions, specified in the order.

(8)Before making an order under subsection (5) or (6) the Secretary of State must consult the best value authorities concerned or persons appearing to him to represent the best value authorities concerned.”

(2)In section 48 of that Act (provision of information etc to the Commission), in subsection (2) (functions in relation to which powers to obtain information etc do not apply), at the end insert “ or 47A ”.

Commencement Information

I157S. 157 in force at 1.4.2008 by S.I. 2008/172, art. 4(f)

158Reports categorising English local authoritiesE+W

(1)Section 99 of the Local Government Act 2003 (c. 26) (categorisation of English local authorities by reference to performance) is amended as follows.

(2)In subsection (1)—

(a)for “from time to time” substitute “ , if the Secretary of State so directs, ”;

(b)after “English local authorities” insert “ , or of English local authorities of a description specified in the direction, ”.

(3)After subsection (2) insert—

“(2A)A direction by the Secretary of State under subsection (1) may specify—

(a)the period or periods of performance to be covered by the report;

(b)the form of the report;

(c)the time by which the report must be produced.

(2B)The power to give a direction under subsection (1) includes power to give a direction varying or revoking a previous direction given in exercise of that power.

(2C)The Secretary of State must consult the Audit Commission before giving a direction under subsection (1).”

Commencement Information

I158S. 158 in force at 1.8.2009 by S.I. 2008/3110, art. 5(b)

MiscellaneousE+W

159Appointment of auditorsE+W

In section 3(6) of the Audit Commission Act 1998 (c. 18) (appointment of firm as auditor) for “each of its members” substitute “ the appointment provides that the audit may be conducted only by a member or employee of the firm who ”.

Commencement Information

I159S. 159 in force at 1.4.2008 by S.I. 2008/172, art. 4(g)

160Inspection and disclosure of personal informationE+W

(1)Section 15 of the Audit Commission Act 1998 (inspection of documents and questions at audit) is amended as follows.

(2)In subsection (3) for “about a member of the staff of the body whose accounts are being audited” substitute “ within the meaning of subsection (3A) or (4) ”.

(3)After subsection (3) insert—

“(3A)Information is personal information if—

(a)it identifies a particular individual or enables a particular individual to be identified; and

(b)the auditor considers that it should not be inspected or disclosed.”

(4)In subsection (4), for the words from the beginning to “if it” substitute “ Information is personal information if it is information about a member of the staff of the body whose accounts are being audited which ”.

Commencement Information

I160S. 160 in force at 1.4.2008 by S.I. 2008/172, art. 4(g)

161Right to make objections at auditE+W

(1)Section 16 of the Audit Commission Act 1998 (right to make objections at audit) is amended as follows.

(2)In subsection (1), for the words from “, or any representative” to “objections” substitute “ may make objections to the auditor ”.

(3)For subsections (2) and (3) substitute—

“(2)An objection under subsection (1) must be sent to the auditor in writing.

(3)At the same time as the objection is sent to the auditor, a copy of the objection must be sent to the body whose accounts are being audited.”

(4)Nothing in this section affects section 16 of the Audit Commission Act 1998 in so far as it relates to accounts prepared for a period beginning before the commencement of this section.

Commencement Information

I161S. 161 in force at 1.4.2008 by S.I. 2008/172, art. 4(g)

162Appointment of auditor to carry out agreed auditsE+W

(1)Section 29 of the Audit Commission Act 1998 (agreed audit of accounts) is amended as follows.

(2)In subsection (1), for “undertake the audit of” substitute “ appoint an auditor to audit ”.

(3)After subsection (1) insert—

“(1A)An auditor appointed under subsection (1) may be—

(a)an officer of the Commission,

(b)an individual who is not an officer of the Commission, or

(c)a firm of individuals who are not officers of the Commission.”

(4)In subsection (2), after “the Commission” insert “ , the auditor ”.

Commencement Information

I162S. 162 in force at 1.4.2008 by S.I. 2008/172, art. 4(g)

163Consent for the purposes of agreed auditE+W

In section 29 of the Audit Commission Act 1998 (c. 18) (agreed audit of accounts), after subsection (4) insert—

“(5)Consent for the purposes of subsection (1) may be given in respect of any particular body or description of body.

(6)If the Secretary of State thinks fit he may notify any person of, or publish in any manner—

(a)a consent that he has given for the purposes of subsection (1);

(b)any matter related to the consent.”

Commencement Information

I163S. 163 in force at 1.4.2008 by S.I. 2008/172, art. 4(g)

164Disclosure of information obtained by the Audit Commission or an auditorE+W

(1)The Audit Commission Act 1998 is amended as follows.

(2)In section 49 of that Act (restriction on disclosure of information) omit subsection (1A).

(3)After subsection (2) of that section insert—

“(2A)A person who is, or acts on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, may also disclose such information—

(a)in accordance with section 41(4); or

(b)in any other circumstances, except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the person by or under an enactment.

(2B)An auditor who does not fall within subsection (2A), or a person acting on his behalf, may also disclose such information except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the auditor by or under an enactment.

(2C)A person who does not fall within subsection (2A) or (2B) may also disclose such information in accordance with consent given by the Commission or an auditor.

(2D)Section 49ZA makes further provision about consent for the purposes of subsection (2C).”

(4)In subsection (3) of that section—

(a)for “subsection (1)” substitute “ this section ”;

(b)in paragraph (a), omit “to imprisonment for a term not exceeding six months or” and “or to both; or”;

(c)omit paragraph (b).

(5)After that section insert—

“49ZAConsent under section 49(2C)

(1)Consent for the purposes of section 49(2C) must be obtained in accordance with this section.

(2)A person requesting consent (“the applicant”) must make a request for consent which—

(a)is in writing,

(b)states the name of the applicant and an address for correspondence,

(c)describes the information in relation to which consent is requested, and

(d)identifies the person to whom the information will be disclosed.

(3)Consent must be given except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the Commission or an auditor by or under an enactment.

(4)Consent may be given or refused orally or in writing; but where it is given or refused orally the consent or refusal must be confirmed in writing.

(5)A refusal (or, where the refusal is oral, the confirmation of the refusal) must contain the reasons for the refusal.

(6)A person to whom a request for consent is made must give or refuse consent not later than the twentieth working day following the day on which the request is received.

(7)“Working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.”

(6)Omit section 49A of that Act (disclosure of information by or on behalf of public authorities).

(7)Nothing in this section has effect in relation to a disclosure made before the commencement of this section.

Commencement Information

I164S. 164 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(f)

165Publication of information by the Audit CommissionE+W

For subsections (1) to (3) of section 51 of the Audit Commission Act 1998 (c. 18) (publication of information by the Audit Commission) substitute—

“(1)The Commission may publish such information as it thinks fit except where the publication would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the Commission or an auditor by or under an enactment.”

Commencement Information

I165S. 165 in force at 1.4.2008 by S.I. 2008/172, art. 4(h)

Chapter 3E+WAuditor General for Wales and auditors

166Registered social landlords in WalesE+W

After section 145C of the Government of Wales Act 1998 (c. 38) insert—

“145DAdvice and assistance for registered social landlords

(1)The Auditor General for Wales may, if he thinks it appropriate to do so, provide advice or assistance to a registered social landlord in Wales for the purpose of the exercise by the registered social landlord of its functions.

(2)Advice or assistance under this section may be provided on such terms and conditions, including conditions as to payment, as the Auditor General for Wales thinks fit.

(3)This section has effect without prejudice to paragraph 21 of Schedule 8 to the Government of Wales Act 2006 (arrangements between Auditor General for Wales and certain bodies).

(4)In this section, “registered social landlord in Wales” means a body which is—

(a)registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996, and

(b)mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act.”

Commencement Information

I166S. 166 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(g)

167Disclosure of information obtained by the Auditor General for Wales or an auditorE+W

(1)The Public Audit (Wales) Act 2004 (c. 23) is amended as follows.

(2)In section 54 of that Act (restriction on disclosure of information), after subsection (2) insert—

“(2ZA)A person who is, or acts on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, may also disclose such information—

(a)in accordance with section 145C(5) or (8) of the Government of Wales Act 1998; or

(b)in any other circumstances, except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the person by or under an enactment.

(2ZB)An auditor who does not fall within subsection (2ZA), or a person acting on his behalf, may also disclose such information except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the auditor by or under an enactment.

(2ZC)A person who does not fall within subsection (2ZA) or (2ZB) may also disclose such information in accordance with consent given by the Auditor General for Wales or an auditor.

(2ZD)Section 54ZA makes further provision about consent for the purposes of subsection (2ZC).”

(3)Omit subsection (2A) of that section.

(4)In subsection (3) of that section, for “subsection (2)” substitute “ this section ”.

(5)In subsection (4) of that section—

(a)in paragraph (a), omit “to imprisonment for a term not exceeding six months or” and “or to both;”;

(b)omit paragraph (b).

(6)After that section insert—

“54ZAConsent under section 54(2ZC)

(1)Consent for the purposes of section 54(2ZC) must be obtained in accordance with this section.

(2)A person requesting consent (“the applicant”) must make a request for consent which—

(a)is in writing,

(b)states the name of the applicant and an address for correspondence,

(c)describes the information in relation to which consent is requested, and

(d)identifies the person to whom the information will be disclosed.

(3)Consent must be given except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the Auditor General for Wales or an auditor by or under an enactment.

(4)Consent may be given or refused orally or in writing; but where it is given or refused orally the consent or refusal must be confirmed in writing.

(5)A refusal (or, where the refusal is oral, the confirmation of the refusal) must contain the reasons for the refusal.

(6)A person to whom a request for consent is made must give or refuse consent not later than the twentieth working day following the day on which the request is received.

(7)“Working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.”

(7)Omit section 54A of that Act (disclosure of information by or on behalf of public authorities).

(8)Nothing in this section has effect in relation to a disclosure made before the commencement of this section.

Commencement Information

I167S. 167 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(h)

Part 9E+WThe Commission for Local Administration in England

168Appointment and removal of CommissionersE+W

(1)Section 23 of the Local Government Act 1974 (c. 7) (appointment and removal of Commissioners) is amended as follows.

(2)In subsection (4) (appointment of Commissioners) omit from “after consultation” to the end.

(3)After subsection (4) insert—

“(4A)Subject to subsections (5) to (6), a Commissioner shall hold and vacate office in accordance with the terms of his appointment.”

(4)For subsection (5) substitute—

“(5)A Commissioner's appointment may be a full-time or part-time appointment and, with the Commissioner's consent, the terms of the appointment may be varied as to whether it is full-time or part-time.

(5A)A Commissioner must be appointed for a period of not more than 7 years.

(5B)A Commissioner shall, subject to subsection (6), hold office until the end of the period for which he is appointed.”

(5)In subsection (6) (removal of Commissioners and obligation to vacate office at end of year in which Commissioner attains age of 65) omit from “, and shall in any case vacate office” to the end.

(6)After subsection (6) insert—

“(6A)A person appointed to be a Commissioner is not eligible for re-appointment.”

Commencement Information

I168S. 168 in force at 1.4.2008 in so far as it relates to appointments of Local Commissioners made on or after 1.4.2008 by S.I. 2008/917, art. 2(1)(f) (with art. 6(4))

169Responsibilities of CommissionersE+W

(1)Section 23 of the Local Government Act 1974 (appointment and removal of Commissioners) is amended as follows.

(2)For subsections (8) and (9) (allocation of cases by geographic area) substitute—

“(8A)The Commission must—

(a)divide the matters which may be investigated under this Part of this Act into such categories as they consider appropriate, and

(b)allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.”

(3)In subsection (10)(a), for “to accept cases for which they are not responsible” substitute “ to deal with matters for which they do not have responsibility pursuant to subsection (8A) ”.

Commencement Information

I169S. 169 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(g)

170Annual reportsE+W

(1)Section 23A of the Local Government Act 1974 (c. 7) (annual reports) is amended as follows.

(2)In subsection (1), after “functions” insert “ (an “annual report”) ”.

(3)In subsection (2)—

(a)for “The report” substitute “ The annual report ”;

(b)for “their own report” substitute “ their annual report ”.

(4)In subsection (3), for “the report submitted by them under subsection (1) above” substitute “ the annual report ”.

(5)After subsection (3) insert—

“(3A)The Commission must lay a copy of the annual report before Parliament.”

(6)Omit subsections (4) and (5) (comments on Commission's annual report).

Commencement Information

I170S. 170 in force at 1.4.2008 in relation to any report submitted on or after 1.4.2008 by S.I. 2008/917, art. 2(1)(h)

171Power to investigateE+W

Before section 25 of the Local Government Act 1974 insert—

“24APower to investigate

(1)Under this Part of this Act, a Local Commissioner may investigate a matter—

(a)which relates to action taken by or on behalf of an authority to which this Part of this Act applies,

(b)which is subject to investigation under this Part of this Act by virtue of section 26, and

(c)in relation to which subsection (2), (3) or (5) is satisfied.

(2)This subsection is satisfied if, in relation to the matter, a complaint which satisfies sections 26A and 26B has been made to a Local Commissioner.

(3)This subsection is satisfied if, in relation to the matter—

(a)a complaint which satisfies sections 26A and 26B has been made to a member of an authority to which this Part of this Act applies, and

(b)the complaint has been referred, or is treated as having been referred, to a Local Commissioner under section 26C.

(4)Any question whether subsection (2) or (3) is satisfied in relation to a matter shall be determined by a Local Commissioner.

(5)This subsection is satisfied if—

(a)the matter has come to the attention of a Local Commissioner, and

(b)section 26D applies to the matter.

(6)In determining whether to initiate, continue or discontinue an investigation, a Local Commissioner shall, subject to the provisions of this section and sections 26 to 26D, act in accordance with his own discretion.

(7)Without prejudice to the discretion conferred by subsection (6), a Local Commissioner may in particular decide—

(a)not to investigate a matter, or

(b)to discontinue an investigation of a matter,

if he is satisfied with action which the authority concerned have taken or propose to take.”

Commencement Information

I171S. 171 in force at 1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008 by S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

172Authorities subject to investigationE+W

(1)Section 25 of the Local Government Act 1974 (c. 7) (authorities subject to investigation) is amended as follows.

(2)In subsection (4), for paragraphs (b) and (c) substitute—

“(b)to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented),

and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection. ”

(3)After subsection (4) insert—

“(4ZA)Any reference to an authority to which this Part of this Act applies also includes, in the case of a local authority operating executive arrangements, the executive.”

(4)In subsection (4A) (Greater London Authority), omit paragraphs (b) and (c).

(5)Omit subsection (4B) (sub-committees of the London Transport Users Committee).

(6)In subsection (5)—

(a)in paragraph (c), after “constituted” insert “ by the authority ”;

(b)in paragraph (d), after first “school” insert “ maintained by the authority ”;

(c)in paragraph (e), after “constituted” insert “ by the authority ”.

(7)After subsection (5) insert—

“(6)Subsection (7) has effect where an authority to which this Part of this Act applies exercise a function entirely or partly by means of an arrangement with another person.

(7)For the purposes of this Part of this Act, action taken by or on behalf of the other person in carrying out the arrangement shall be treated as action taken—

(a)on behalf of the authority, and

(b)in the exercise of the authority's function.

(8)Subsection (7) does not have effect where, by virtue of another enactment, the action would be treated as action taken by the authority.”

Commencement Information

I172S. 172 in force at 1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008 by S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

173Matters subject to investigationE+W

(1)Section 26 of the Local Government Act 1974 (matters subject to investigation) is amended in accordance with subsections (2) and (3).

(2)For subsection (1) substitute—

“(1)For the purposes of section 24A(1)(b), in relation to an authority to which this Part of this Act applies, the following matters are subject to investigation by a Local Commissioner under this Part of this Act—

(a)alleged or apparent maladministration in connection with the exercise of the authority's administrative functions;

(b)an alleged or apparent failure in a service which it was the authority's function to provide;

(c)an alleged or apparent failure to provide such a service.

(1A)Subsection (1) is subject to the following provisions of this section.”

(3)Omit subsections (2) to (4) (procedure for making complaints).

(4)In Schedule 5 to that Act (matters not subject to investigation), for paragraph 3 substitute—

“3(1)Action taken in matters relating to contractual or other commercial transactions of any authority to which Part 3 of this Act applies relating to—

(a)the operation of public passenger transport;

(b)the carrying on of a dock or harbour undertaking;

(c)the provision of entertainment;

(d)the provision and operation of industrial establishments;

(e)the provision and operation of markets.

(2)Sub-paragraph (1) does not include transactions for or relating to—

(a)the acquisition or disposal of land;

(b)the acquisition or disposal of moorings which are not moorings provided in connection with a dock or harbour undertaking.

(3)Sub-paragraph (1)(a) does not include action taken by or on behalf of the London Transport Users Committee in operating a procedure for examining complaints or reviewing decisions.

(4)Sub-paragraph (1)(e) does not include transactions relating to—

(a)the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or

(b)the attachment of any condition to such a licence.”

Commencement Information

I173S. 173 in force at 1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008 by S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

174Complaints and matters coming to Commissioners' attentionE+W

(1)After section 26 of the Local Government Act 1974 (c. 7) insert—

“26AWho can complain

(1)Under this Part of this Act, a complaint about a matter may only be made—

(a)by a member of the public who claims to have sustained injustice in consequence of the matter,

(b)by a person authorised in writing by such a member of the public to act on his behalf, or

(c)in accordance with subsection (2).

(2)Where a member of the public by whom a complaint about a matter might have been made under this Part of this Act has died or is otherwise unable to authorise a person to act on his behalf, the complaint may be made—

(a)by his personal representative (if any), or

(b)by a person who appears to a Local Commissioner to be suitable to represent him.

26BProcedure for making complaints

(1)Subject to subsection (3), a complaint about a matter under this Part of this Act must be made—

(a)in writing, and

(b)before the end of the permitted period.

(2)In subsection (1)(b), “the permitted period” means the period of 12 months beginning with—

(a)the day on which the person affected first had notice of the matter, or

(b)if the person affected has died without having notice of the matter—

(i)the day on which the personal representatives of the person affected first had notice of the matter, or

(ii)if earlier, the day on which the complainant first had notice of the matter.

(3)A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint.

26CReferral of complaints by authorities

(1)This section applies where a complaint about a matter is made to a member of an authority to which this Part of this Act applies.

(2)If the complainant consents, the complaint may be referred to a Local Commissioner by—

(a)the member of the authority to whom the complaint was made,

(b)any other member of that authority, or

(c)a member of any other authority to which this Part of this Act applies which is alleged in the complaint to have taken or authorised the action complained of.

(3)Subject to subsection (4), a referral under this section must be made in writing.

(4)A Local Commissioner may disapply the requirement in subsection (3) in relation to a particular referral.

(5)If a Local Commissioner is satisfied that the complainant asked a member of an authority mentioned in subsection (2) to refer the complaint to a Local Commissioner, he may treat the complaint as if it had been referred to him under this section.

(6)In this section, references to a member of an authority include—

(a)in relation to a National Park authority, a member of any of the councils by whom a local authority member of the authority is appointed;

(b)in relation to a joint board, a member of any of the constituent authorities of the joint board;

(c)in relation to a joint authority established by Part 4 of the Local Government Act 1985, a member of a constituent council of that authority.

26DMatters coming to attention of Local Commissioner

(1)This section applies to a matter which has come to the attention of a Local Commissioner if—

(a)the matter came to his attention during the course of an investigation under this Part of this Act,

(b)(subject to subsection (3)) the matter came to his attention—

(i)before the person affected or his personal representatives had notice of the matter, or

(ii)in any other case, before the end of the permitted period, and

(c)it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.

(2)In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with—

(a)the day on which the person affected first had notice of the matter, or

(b)if the person affected has died without having notice of the matter, the day on which the personal representatives of the person affected first had notice of the matter.

(3)A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.”

(2)In section 27 of that Act (provisions relating to complaints)—

(a)for the title substitute “ Members of the public ”;

(b)in subsection (1), for the words before paragraph (a) substitute “ In this Part of this Act, “member of the public” means an individual or a body of persons, whether incorporated or not, other than— ”;

(c)omit subsection (2).

Commencement Information

I174S. 174 in force at 1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008 by S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

175Reports and statements of reasonsE+W

(1)Section 30 of the Local Government Act 1974 (c. 7) (reports on investigations) is amended as follows.

(2)For subsection (1) substitute—

“(1)If a Local Commissioner completes an investigation of a matter, he shall prepare a report of the results of the investigation and send a copy to each of the persons concerned (subject to subsection (1B)).

(1A)A Local Commissioner may include in a report on a matter under subsection (1) any recommendations that he could include in a further report on the matter by virtue of section 31(2A) to (2BA).

(1B)If, after the investigation of a matter is completed, the Local Commissioner decides—

(a)that he is satisfied with action which the authority concerned have taken or propose to take, and

(b)that it is not appropriate to prepare and send a copy of a report under subsection (1),

he may instead prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.

(1C)If a Local Commissioner decides—

(a)not to investigate a matter, or

(b)to discontinue an investigation of a matter,

he shall prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.

(1D)For the purposes of subsections (1) to (1C), the persons concerned are—

(a)the complainant (if any),

(b)any person who referred the matter under section 26C(2),

(c)the authority concerned, and

(d)any other authority or person who is alleged in the complaint, or who otherwise appears to the Local Commissioner, to have taken or authorised the action which is or would be the subject of the investigation.”

(3)In subsection (2), for “the complaint” substitute “ a complaint about the matter ”.

(4)In subsection (2AA)(a), for “the duty imposed by subsection (1)(c) above” substitute “ the duty to send a report or statement to the Authority under subsection (1), (1B) or (1C) ”.

(5)Before subsection (3) insert—

“(2B)Subsections (3) to (8) apply in the case of a report under subsection (1).”

(6)In subsection (3), for “the interests of the complainant and of persons other than the complainant” substitute “ the interests of the complainant (if any) and of other persons ”.

(7)In subsection (7), for “the interests of the complainant and of persons other than the complainant” substitute “ the interests of the complainant (if any) and of other persons ”.

Commencement Information

I175S. 175 in force at 1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008 by S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

176Power of Commissioners to make recommendations etcE+W

(1)Section 31 of the Local Government Act 1974 (c. 7) (further provisions about reports on investigations) is amended as follows.

(2)For subsection (1) substitute—

“(1)This section applies where a Local Commissioner reports that there has been—

(a)maladministration in connection with the exercise of the authority's administrative functions,

(b)a failure in a service which it was the function of an authority to provide, or

(c)a failure to provide such a service.”

(3)For subsection (2B) substitute—

“(2B)Where the report relates to maladministration, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take—

(a)to remedy any injustice sustained by the person affected in consequence of the maladministration, and

(b)to prevent injustice being caused in the future in consequence of similar maladministration in connection with the exercise of the authority's administrative functions.

(2BA)Where the report relates to a failure in, or to provide, a service which it was the function of the authority to provide, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take—

(a)to remedy any injustice sustained by the person affected in consequence of the failure, and

(b)to prevent injustice being caused in the future in consequence of a similar failure in, or to provide, a service which it is the function of the authority to provide.”

(4)In subsection (3)(b), for “maladministration” substitute “ the maladministration or failure ”.

Commencement Information

I176S. 176 in force at 1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008 by S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

177Publication of reports etc by CommissionersE+W

After section 31A of the Local Government Act 1974 (c. 7) insert—

“31BPublication of reports etc by Commissioners

(1)A Local Commissioner may—

(a)publish all or part of a report or statement under section 30,

(b)publish all or part of a report under section 31,

(c)arrange for further publication of all or part of a statement published under section 31(2D) or (2G), or

(d)publish a summary of a matter which is the subject of a report or statement under section 30 or 31,

if, after taking into account the public interest as well as the interests of the complainant (if any) and of other persons, he considers it appropriate to do so.

(2)A Local Commissioner may—

(a)supply a copy of all or part of a report, statement or summary mentioned in subsection (1) to any person who requests it, and

(b)charge a reasonable fee for doing so.

(3)Subsection (3) of section 30 applies to—

(a)any part of a statement under section 30, and

(b)any part of a summary of a matter,

that is published, or a copy of which is supplied, under this section as it applies to a report prepared under section 30.”

Commencement Information

I177S. 177 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(j)

178Making complaints etc electronicallyE+W

(1)In section 32 of the Local Government Act 1974 (law of defamation and disclosure of information), after subsection (3) insert—

“(3A)A notice under subsection (3) above may not be given electronically.”

(2)In section 34 of that Act (interpretation of Part), after subsection (1) insert—

“(1A)In this Part of this Act, except as otherwise provided, references to something being done in writing are to it being done in writing whether electronically or otherwise (and references to anything written shall be interpreted accordingly).”

Commencement Information

I178S. 178 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(k)

179DisqualificationsE+W

(1)Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) is amended as follows.

(2)In paragraph 1(1) (disqualification for being Local Commissioner)—

(a)in paragraph (a), for “any of the authorities mentioned in section 25(1) of this Act” substitute “ any authority to which Part 3 of this Act applies ”;

(b)in paragraph (b), omit “or is a member (by co-option) of a committee of any of those authorities”.

(3)In paragraph 1(2) (restriction on Local Commissioners conducting cases), for the words from “has been a member of that authority” to the end substitute “—

(a)has been a member of that authority,

(b)has taken action on behalf of that authority in the exercise of any of their functions, or

(c)has taken action which, by virtue of an enactment, is treated as having been taken by that authority in the exercise of any of their functions.”

(4)For paragraph 2 (disqualification of Local Commissioners for appointment to paid office by authority) substitute—

“2AA Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies—

(a)while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include—

(i)matters relating to the authority, or

(ii)matters of a description which may include matters relating to the authority, and

(b)for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).”

Commencement Information

I179S. 179 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(l)

180Expenses of the CommissionE+W

In Schedule 4 to the Local Government Act 1974 (the Commission) for paragraphs 6 to 8 substitute—

“5A(1)The Secretary of State must pay to the Commission in respect of each financial year such amount as he determines to be the amount required for the discharge during that year of the functions of the Commission.

(2)A determination under sub-paragraph (1) must be approved by the Treasury.”

Commencement Information

I180S. 180 in force at 1.4.2009 by S.I. 2008/917, art. 3(b)

181DelegationE+W

In Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) at the end insert—

“Delegation

13(1)Any function of a Commissioner may be discharged on the Commissioner's behalf—

(a)by any person authorised by the Commissioner to do so, and

(b)to the extent so authorised.

(2)Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function.”

Commencement Information

I181S. 181 in force at 1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008 by S.I. 2008/917, art. 2(1)(m) (with art. 6(5))

182Minor and consequential amendmentsE+W

Schedule 12 (minor and consequential amendments) has effect.

Commencement Information

I182S. 182 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

Part 10E+WEthical standards

Chapter 1E+WConduct of local authority members

Codes of conductE+W

183Conduct that may be covered by codeE+W

(1)In section 49 of the Local Government Act 2000 (c. 22) (principles governing conduct of members of relevant authorities), after subsection (2) insert—

F193“(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F193(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C)An order under subsection (1) may define, for the purposes of the order—

  • “official capacity”; and

  • “criminal offence”.

(2D)An order under subsection (2)—

(a)may specify principles which are to apply to a person at all times;

(b)may specify principles which are to apply to a person otherwise than at all times.”

(2)In section 50 of that Act (model code of conduct), after subsection (4) insert—

F194“(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4C)A model code of conduct issued under subsection (1) may define for the purposes of the code—

  • “official capacity”; and

  • “criminal offence”.

(4D)Provision included under subsection (4A) or (4C) in a model code of conduct—

(a)must be consistent with the provision for the time being included in an order under section 49(1) by virtue of section 49(2A) or (2C);

(b)is to be mandatory except to the extent that it relates to an optional provision;

(c)to the extent that it relates to an optional provision, is to be mandatory where that optional provision is incorporated in a code of conduct under section 51.

(4E)A model code of conduct issued under subsection (2) may include—

(a)provisions which are to apply to a person at all times;

(b)provisions which are to apply to a person otherwise than at all times.”

(3)In section 51 of that Act (duty of relevant authorities to adopt codes of conduct), after subsection (4) insert—

F195“(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F195(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4C)The provisions which may be included under subsection (4)(c) by a relevant authority in Wales other than a police authority include—

(a)provisions which are to apply to a person at all times;

(b)provisions which are to apply to a person otherwise than at all times.”

(4)In section 52 of that Act (duty to comply with code of conduct), in each of subsections (1) to (4), omit the words “in performing his functions”.

(5)Subsection (6) below applies where immediately before the commencement date a person is a member or co-opted member of a relevant authority and not prevented by any provision of section 52 of that Act from acting as such.

(6)The coming into force of this section shall not have the effect of preventing the person from acting as a member or co-opted member of the relevant authority, but—

(a)he must before the end of the prescribed period give to that authority a written undertaking that he will observe the authority's code of conduct for the time being; and

(b)if he fails to comply with paragraph (a), he shall cease to be a member or co-opted member at the end of that period.

(7)With effect from the commencement date—

(a)any order under section 49(2) or 50(2) of the Local Government Act 2000 (c. 22), and

(b)any code of conduct of a relevant authority F196...,

which is in force immediately before that date shall have effect as if the amendments made by this section had always had effect.

(8)Subsection (7) does not affect the operation of any order or code in relation to any time before the commencement date.

(9)In this section the following expressions have the same meanings as in Part 3 of the Local Government Act 2000—

  • “code of conduct”;

  • “co-opted member”;

  • “member of a relevant authority”;

  • “relevant authority”.

(10)References in subsections (6) to (8) to the code of conduct of a relevant authority include, in relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b) of the Local Government Act 2000, those mandatory provisions.

(11)In this section—

  • “the commencement date” means the date this section comes into force;

  • “the prescribed period” means such period, beginning with the commencement date, as may be prescribed for the purposes of subsection (6) by order made by the Secretary of State.

Textual Amendments

F193Words in s. 183(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 55(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F194Words in s. 183(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 55(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F195Words in s. 183(3) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 55(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F196Words in s. 183(7)(b) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 55(5), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I183S. 183(1) in force at 31.1.2008 for specified purposes by S.I. 2008/172, art. 5(1)(a)

I184S. 183(2) in force at 31.1.2008 for specified purposes by S.I. 2008/172, art. 5(1)(b)

I185S. 183(3) in force at 31.1.2008 for specified purposes by S.I. 2008/172, art. 5(1)(c)

I186S. 183(4)-(6) in force at 31.1.2008 for W. by S.I. 2008/172, art. 5(2)

I187S. 183(7)-(11) in force at 31.1.2008 by S.I. 2008/172, art. 5(1)(d)

184Certain references to code of conduct to include default codeE+W

(1)In section 37 of the Local Government Act 2000 (c. 22) (local authority constitution), after subsection (3) insert—

“(4)In relation to an authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1)(c) to the authority's code of conduct for the time being under section 51 is to the mandatory provisions which for the time being apply to the members and co-opted members of the authority.”

(2)In section 52 of that Act (duty to comply with code of conduct), after subsection (4) insert—

“(5)In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b)—

(a)the references in subsections (2) to (4) to the authority's code of conduct for the time being under section 51 include the mandatory provisions which for the time being apply to the members and co-opted members of the authority, and

(b)the references in subsections (3) and (4) to any time after the authority have adopted a code of conduct under section 51 for the first time are to be read as references to any time after the coming into force of section 184 of the Local Government and Public Involvement in Health Act 2007.”

(3)In section 54 of that Act (functions of standards committees), after subsection (3) insert—

“(3A)In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), references in subsection (1)(b) and (2)(b) and (c) to the authority's code of conduct are to those mandatory provisions.”

Commencement Information

I188S. 184 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(i)

Conduct of members of authorities in England: assessment of allegationsE+W

F197185Assessment of allegationsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F197Ss. 185-187 repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F197186Information to be provided to Standards Board by relevant authorityE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F197Ss. 185-187 repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Conduct of local authority members: miscellaneous amendmentsE+W

F197187Chairmen of standards committeesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F197Ss. 185-187 repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

188Sub-committees of standards committeesE+W

(1)In section 54A of the Local Government Act 2000 (sub-committees of standards committees)—

(a)in subsection (2) omit the words “55 or”;

F198(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F198(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F199(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F198S. 188(1)(b)(c) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F199S. 188(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I189S. 188 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(j) (with art. 2(2))

F200189Joint committees of relevant authorities in EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F200Ss. 189-193 repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F200190Standards Board for England: functionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F200Ss. 189-193 repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F200191Ethical standards officers: investigations and findingsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F200Ss. 189-193 repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F200192Ethical standards officers: reports etcE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F200Ss. 189-193 repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F200193Disclosure by monitoring officers of ethical standards officers' reportsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F200Ss. 189-193 repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

194Matters referred to monitoring officersE+W

F201(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F201(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F201(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F201(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F201(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F201(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F201(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In section 73 of that Act (matters referred to monitoring officers in Wales), in each of subsections (1) and (7), for “70(4) or 71(2)” substitute “ 70(4) or (5) or 71(2) or (4) ”.

(9)In section 82A(1) of that Act (delegation of functions by monitoring officers), for the words from “60(2)” to “71(2)” substitute “ 57A, 60(2) or (3), 64(2) or (4), 70(4) or (5) or 71(2) or (4) ”.

Textual Amendments

F201S. 194(1)-(7) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I190S. 194 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(o)

F202195References to Adjudication Panel for action in respect of misconductE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F202Ss. 195, 196 repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F202196Consultation with ombudsmenE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F202Ss. 195, 196 repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

197Interim case tribunalsE+W

(1)Section 78 of the Local Government Act 2000 (c. 22) (decisions of interim case tribunals) is amended as follows.

(2)In subsection (1)(b) for “authority concerned” substitute “ relevant authority concerned ”.

(3)For subsections (2) and (3) substitute—

“(2)If the decision of the interim case tribunal is as mentioned in subsection (1)(a), the tribunal must give notice of its decision to the standards committee of the relevant authority concerned.

(3)If the decision of the interim case tribunal is as mentioned in subsection (1)(b), the tribunal must give notice to the standards committee of the relevant authority concerned stating that the person concerned is suspended or partially suspended for the period, and in the way, that the tribunal has decided.

(3A)The effect of a notice given under subsection (3) is to suspend or partially suspend the person concerned as mentioned in subsection (3).”

(4)In subsection (6) for “under section 79 is given” substitute “ is given by virtue of section 78A or 79 ”.

(5)For subsection (8) substitute—

“(8)Where the person concerned is no longer a member or co-opted member of the relevant authority concerned, but is a member or co-opted member of another relevant authority—

(a)the references in subsection (1) to the relevant authority concerned are to be treated as references to that other authority,

(b)the references in subsections (2) and (7)(b) to the relevant authority concerned are to be treated as including a reference to that other relevant authority,

(c)the duty under subsection (3) to give notice to the standards committee of the relevant authority concerned is to be treated as a duty—

(i)to give that notice to the standards committee of that other relevant authority, and

(ii)to give a copy of that notice to the standards committee of the relevant authority concerned.

(8A)Subsection (8) does not apply unless—

(a)where the relevant authority concerned is in England, the other relevant authority is also in England,

(b)where the relevant authority concerned is in Wales, the other relevant authority is also in Wales.”

(6)After subsection (10) insert—

“(11)An appeal may not be brought under subsection (10) except with the leave of the High Court.”

Commencement Information

I191S. 197 in force at 12.12.2008 by S.I. 2008/3110, art. 2(d)

F203198Case tribunals: EnglandE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F203S. 198 repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

199Case tribunals: WalesE+W

(1)Section 79 of the Local Government Act 2000 (c. 22) (decisions of case tribunals) is amended as follows.

(2)For the sidenote substitute “ Decisions of case tribunals: Wales ”.

(3)Before subsection (1) insert—

“(A1)In this section “Welsh case tribunal” means a case tribunal drawn from the Adjudication Panel for Wales.”

(4)In subsections (1) to (15) for “case tribunal”, in each place where it occurs, substitute “ Welsh case tribunal ”.

(5)In subsection (8)(c) for “must be suspended or partially suspended by the relevant authority concerned” substitute “ is suspended or partially suspended ”.

(6)For subsection (9) substitute—

“(9)The effect of a notice given to the standards committee of a relevant authority under subsection (8) is to suspend or partially suspend the person concerned as mentioned in subsection (8)(c).”

(7)In subsection (12), for paragraph (a) substitute—

“(a)must be given to the Public Services Ombudsman for Wales,”.

(8)In subsection (13)—

(a)for “the same country (that is to say, England or Wales)” substitute “ Wales ”;

(b)for paragraph (b) substitute—

“(b)the reference in subsection (4)(a) to the relevant authority concerned is to be treated as a reference to that other relevant authority,”.

(9)After subsection (15) insert—

“(16)An appeal may not be brought under subsection (15) except with the leave of the High Court.”

Commencement Information

I192S. 199 in force at 12.12.2008 by S.I. 2008/3110, art. 2(f)

200Exemption from Data Protection Act 1998E+W

In section 31 of the Data Protection Act 1998 (c. 29) (exemptions for regulatory activity), after subsection (6) insert—

“(7)Personal data processed for the purpose of discharging any function which is conferred by or under Part 3 of the Local Government Act 2000 on—

(a)the monitoring officer of a relevant authority,

(b)an ethical standards officer, or

(c)the Public Services Ombudsman for Wales,

are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.

(8)In subsection (7)—

(a)“relevant authority” has the meaning given by section 49(6) of the Local Government Act 2000, and

(b)any reference to the monitoring officer of a relevant authority, or to an ethical standards officer, has the same meaning as in Part 3 of that Act.”

Commencement Information

I193S. 200 in force at 1.4.2008 by S.I. 2008/172, art. 4(k)

201Supplementary and consequential provisionE+W

(1)Subsection (2) applies in relation to any provision of Part 3 of the Local Government Act 2000 (c. 22) which is applied (with or without modifications) by an order under section 70 of that Act made before the passing of this Act.

(2)Any amendment of that provision by this Part does not extend to the provision as so applied.

(3)Where a provision mentioned in section 70(2)(a) of that Act is amended by this Part, the power in section 70(2) of that Act to apply or reproduce that provision (with or without modifications) is a power to apply or reproduce (with or without modifications) that provision either as amended by this Part or without the amendments made by this Part.

(4)In the Local Government Act 1972 (c. 70)—

(a)in section 85(3A) (vacation of office by failure to attend), for “73, 78” substitute “ 66A, 73, 78, 78A ”;

F204(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F204(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In section 49(1) of the Audit Commission Act 1998 (c. 18) (restriction on disclosure of information), after paragraph (de) insert—

“(df)for the purposes of the functions of a monitoring officer under that Part or regulations made under that Part;”.

(6)In the Greater London Authority Act 1999 (c. 29), in each of sections 6(5) and 13(2) (failure to attend meetings), for “73, 78” substitute “ 66A, 73, 78, 78A ”.

Textual Amendments

F204S. 201(4)(b)(c) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I194S. 201 in force at 1.4.2008 by S.I. 2008/172, art. 4(l)

Chapter 2E+WEmployees

202Politically restricted posts: grant and supervision of exemptionsE+W

(1)In section 3 of the Local Government and Housing Act 1989 (c. 42) (grant and supervision of exemptions from political restriction of posts)—

(a)at the end of the sidenote, insert “ : Scotland and Wales ”;

(b)in subsection (1) for the words “It shall be the duty of the Secretary of State to appoint a person” substitute “ It shall be the duty of the Scottish Ministers to appoint in relation to Scotland, and the duty of the Welsh Ministers to appoint in relation to Wales, a person ”;

(c)omit subsection (8)(a);

(d)in subsection (8)(b), for “that subsection” substitute “ subsection (1) ”.

(2)After that section insert—

“3AGrant and supervision of exemptions from political restriction: England

(1)The standards committee of a local authority in England which is a relevant authority—

(a)must consider any application for exemption from political restriction which is made to the committee, in respect of any post under the relevant authority, by the holder for the time being of that post; and

(b)may, on the application of any person or otherwise, give directions to the relevant authority requiring it to include a post in the list maintained by the authority under section 2(2).

(2)An application may not be made under subsection (1)(a) unless—

(a)the relevant authority have specified or are proposing to specify the post in the list maintained by them under section 2(2); and

(b)in the case of a post within section 2(2)(a) or (b), the relevant authority have certified whether or not, in their opinion, the duties of the post fall within section 2(3);

and the relevant authority must give a certificate for the purposes of paragraph (b) above in relation to any post if requested to do so by the holder of that post.

(3)If, on an application under subsection (1)(a) in respect of any post, the standards committee is satisfied that the duties of the post do not fall within section 2(3), the committee must direct—

(a)that, for so long as the direction has effect in accordance with its terms, the post is not to be regarded as a politically restricted post; and

(b)that accordingly the post is not to be specified in the list maintained by the relevant authority under section 2(2) or (as the case may be) is to be removed from that list.

(4)A standards committee may not give a direction under subsection (1)(b) in respect of any post unless the committee is satisfied that—

(a)the duties of the post fall within section 2(3); and

(b)the post is neither—

(i)in any list maintained by the relevant authority in accordance with section 2(2) above or section 100G(2) of the Local Government Act 1972; nor

(ii)of a description specified in any regulations under section 2(2) above.

(5)A standards committee must when determining for the purposes of subsection (3) or (4) whether or not the duties of a post fall within section 2(3) have regard to any general advice given by the Secretary of State under section 3B.

(6)Every local authority in England which is a relevant authority must—

(a)give its standards committee all such information as the committee may reasonably require for the purpose of carrying out its functions under this section;

(b)comply with any direction under this section with respect to the list maintained by the authority; and

(c)on being given a direction under subsection (1)(b), notify the terms of the direction to the person who holds the post to which the direction relates.

(7)In carrying out its functions under this section a standards committee must give priority, according to the time available before the election, to any application under subsection (1)(a) from a person who certifies that the application is made for the purpose of enabling him to be a candidate in a forthcoming election.

(8)The Secretary of State may make regulations requiring a local authority in England which is not a relevant authority to establish a committee to exercise the functions conferred by this section on the standards committee of a local authority in England which is a relevant authority.

(9)Regulations under subsection (8) may include provision—

(a)applying any provisions of this section (with or without modification) where a committee has been established under the regulations;

(b)applying (with or without modification) any provision of section 53 of the Local Government Act 2000 or regulations made under subsection (6) of that section.

(10)In this section—

  • “standards committee” means a committee established under section 53(1) of the Local Government Act 2000;

  • “relevant authority” has the meaning given by section 49(6) of that Act.

3BGeneral advice as to politically restricted posts: England

(1)The Secretary of State may in relation to England give such general advice with respect to the determination of questions arising by virtue of section 2(3) as he considers appropriate.

(2)Before giving general advice under this section the Secretary of State must consult such representatives of local government and such organisations appearing to him to represent employees in local government as he considers appropriate.”

Commencement Information

I195S. 202(1) in force at 1.4.2008 by S.I. 2008/172, art. 9(1)

I196S. 202(2) in force at 31.1.2008 for specified purposes by S.I. 2008/172, art. 9(2)

I197S. 202(2) in force at 1.4.2008 in so far as not already in force by S.I. 2008/172, art. 9(3)

203Politically restricted posts: consequential amendmentsE+W

(1)In section 2 of the Local Government and Housing Act 1989 (c. 42) (politically restricted posts)—

(a)in subsections (1)(g) and (2) after “section 3” insert “ or 3A ”;

(b)in subsection (5) after “local authority” insert “ in Scotland and Wales ”;

(c)after subsection (5) insert—

“(5A)It shall be the duty of every local authority in England in performing their duties under this section to have regard to such general advice as may be given by virtue of section 3B below by the Secretary of State.”

(2)In Schedule 7 to the Environment Act 1995 (c. 25) (national park authorities), in paragraph 7(4) for “3” substitute “ 3A ”.

(3)In the Greater London Authority Act 1999 (c. 29) —

(a)in section 61(2)(a) (power to require attendance at Assembly meetings) for “to 3” substitute “ , 2 and 3A ”;

(b)in section 68(1)(b) (disqualification and political restriction) for “and 3” substitute “ and 3A ”;

(c)in section 70(7) (terms and conditions of employment) for “and 3” substitute “ and 3A ”.

Commencement Information

I198S. 203 in force at 1.4.2008 by S.I. 2008/172, art. 4(m)

204Political assistants' payE+W

In section 9 of the Local Government and Housing Act 1989, after subsection (4) insert—

“(4A)An order made under subsection (4)(a) above in relation to England or Wales may, instead of specifying an amount, specify a point on a relevant scale specified by the order.

(4B)A “relevant scale” is a scale consisting of points and of amounts corresponding to those points.

(4C)In relation to any time while an order made by virtue of subsection (4A) above is in force, the amount that at that time corresponds to the point specified by the order is to be treated for the purposes of subsection (4)(a) above as specified by the order.”

Commencement Information

I199S. 204 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(q)

Part 11E+WJoint Waste Authorities

205Proposals for joint waste authorities in EnglandE+W

(1)A proposal under this section is a proposal to the Secretary of State that an authority be established for a specified area in England to discharge in that area the waste functions specified in the proposal.

(2)A proposal under this section may be made by (and only by) all the local authorities that are local waste authorities in relation to the area specified in the proposal.

(3)A local authority is a “local waste authority” in relation to the specified area if—

(a)its area forms the whole or part of the specified area; and

(b)it currently has one or more of the specified waste functions.

(4)A proposal under this section may not be made if there is a local authority for the whole of the specified area which currently has all of the specified waste functions.

(5)The Secretary of State may by regulations make provision as to—

(a)matters to be included in a proposal under this section;

(b)information that must accompany a proposal.

(6)Regulations under subsection (5)(a) may in particular provide that a proposal under this section must include proposals—

(a)as to the number of members of the proposed authority (as to membership, see section 208);

(b)as to the number of members to be appointed by each local authority making the proposal;

(c)as to the procedure for appointing a chairman and a vice-chairman;

(d)for the costs of the proposed authority to be met by the local authorities making the proposal, and as to the basis on which the amount payable by each of the local authorities is to be determined.

(7)In making a proposal under this section the local authorities must have regard to any guidance from the Secretary of State as to—

(a)what a proposal should seek to achieve;

(b)matters that should be taken into account in formulating a proposal.

(8)In this section—

  • “specified” means specified in the proposal;

  • “waste function” means a function conferred on a local authority by or under—

    (a)

    Part 2 of the Environmental Protection Act 1990 (c. 43) (waste on land);

    (b)

    Part 4 of that Act (litter etc);

    (c)

    section 32 of the Waste and Emissions Trading Act 2003 (c. 33) (joint municipal waste management strategies: England).

(9)In this Part “local authority” means—

(a)a county council;

(b)a district council;

(c)a London borough council;

(d)the Common Council of the City of London;

(e)the sub-treasurer of the Inner Temple;

(f)the under treasurer of the Middle Temple;

(g)an authority established under section 10 of the Local Government Act 1985 (c. 51) (joint arrangements for waste disposal functions); or

(h)a joint waste authority established under section 207.

Commencement Information

I200S. 205 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(o)

206ConsultationE+W

(1)A proposal may not be made by any local authorities under section 205 unless—

(a)the local authorities prepared a draft of the proposal; and

(b)each local authority took reasonable steps to consult the following about the draft—

(i)the relevant electors;

(ii)any interested person in the authority's area.

(2)A person is a “relevant elector”—

(a)in relation to a county council, district council or London borough council, if he is a local government elector for the council's area;

(b)in relation to the Common Council of the City of London, if his name appears in a ward list published under section 7 of the City of London (Various Powers) Act 1957 (5 & 6 Eliz 2 c x);

(c)in relation to the sub-treasurer of the Inner Temple or the under treasurer of the Middle Temple, if his name appears in the ward list published with respect to the ward of Farrington Without in the City under section 7 of the City of London (Various Powers) Act 1957;

(d)in relation to an authority established under section 10 of the Local Government Act 1985 (joint arrangements for waste disposal functions), if he is a relevant elector in relation to any local authority whose area forms part of the area for which the authority was established;

(e)in relation to a joint waste authority established under section 207, if he is a relevant elector in relation to any local authority whose area forms the whole or part of the area for which the joint waste authority was established.

(3)In this section, “local government elector” means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts.

Commencement Information

I201S. 206 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(o)

207Implementation of proposals by orderE+W

(1)Where the Secretary of State receives a proposal under section 205 he may by order implement the proposal with or without modifications.

(2)An authority established by an order under subsection (1) is referred to in this Part as a “joint waste authority”.

(3)An order under subsection (1) may make provision enabling the Secretary of State to require the authority established by the order to submit to him a scheme for—

(a)the winding-up of the authority; and

(b)the transfer of its functions, property, staff, rights and liabilities to appropriate local authorities.

(4)The Secretary of State may by order provide for giving effect (with or without modification) to any scheme submitted to him under a provision made by virtue of subsection (3) and for the dissolution of the authority.

(5)The Secretary of State may exercise his powers under subsection (4) only where—

(a)he receives a request to do so from all the appropriate local authorities; or

(b)he considers that it is necessary to do so.

(6)The Secretary of State may by order exclude any functions from those for which a joint waste authority was established.

(7)An order under this section may include incidental, consequential, transitional or supplementary provision.

(8)The provision that may be made by virtue of subsection (7) includes in particular provision—

(a)for the transfer of property, rights or liabilities;

(b)for legal proceedings commenced by or against any authority to be continued by or against an authority to whom property, rights or liabilities are transferred;

(c)for the transfer of staff, compensation for loss of office, pensions and other staffing matters;

(d)for treating any authority to whom a transfer is made for any purposes as the same person in law as the authority from whom the transfer is made.

(9)The provision that may be made by virtue of subsection (7) includes provision amending, modifying, excluding or applying (with or without modifications) any enactment or any instrument made under any enactment.

(10)The power of the Secretary of State under subsection (1) to implement a proposal with modifications does not include power to—

(a)establish a joint waste authority for an area that is different from the area specified in the proposal; or

(b)establish a joint waste authority to discharge waste functions that are not specified in the proposal.

(11)In this section—

  • “appropriate local authority”, in relation to a joint waste authority, means a local authority which would, but for the establishment of the joint waste authority, have one or more of the functions that the joint waste authority has;

  • “waste function” has the same meaning as in section 205.

Commencement Information

I202S. 207 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(o)

208Membership of joint waste authoritiesE+W

A person may be a member of a joint waste authority only if he is—

(a)a member of a local authority which would, but for the establishment of the joint waste authority, have one or more of the functions that the joint waste authority has;

(b)the sub-treasurer of the Inner Temple or the under treasurer of the Middle Temple in a case where the sub-treasurer or the under treasurer would, but for the establishment of the joint waste authority, have one or more of the functions that the joint waste authority has.

Commencement Information

I203S. 208 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(o)

209Consequential amendmentsE+W

(1)In section 24 of the Waste and Emissions Trading Act 2003 (c. 33) (waste sent to landfills: definitions)—

(a)in subsection (5), for the words “In this Chapter” substitute “ Subject to subsection (6), in this Chapter ”;

(b)after subsection (5) insert—

“(6)For the purposes of this Chapter, a joint waste authority for an area in England that has the function of disposing of biodegradable municipal waste is the waste disposal authority for that area.

(7)In subsection (6) a “joint waste authority” means an authority established by an order under section 207 of the Local Government and Public Involvement in Health Act 2007.”

(2)Schedule 13 (other consequential amendments) has effect.

Commencement Information

I204S. 209 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(o)

210Joint waste authorities in WalesE+W

(1)The Welsh Ministers may by order make provision in relation to Wales applying any provisions of sections 205 to 208 with—

(a)the substitution for references to the Secretary of State of references to the Welsh Ministers; and

(b)such other modifications as they consider appropriate.

(2)An order under this section may include incidental, consequential or supplementary provision, including provision amending or modifying—

(a)any enactment;

(b)any instrument made under an enactment.

(3)The reference in subsection (1) to any provisions of sections 205 to 208 includes a reference to any provisions of Part 17 so far as relating to any of those sections.

Commencement Information

I205S. 210 in force at 1.4.2008 for W. save in relation to a police authority for a police area in Wales by S.I. 2008/591, art. 2(c)

211InterpretationE+W

In this Part—

  • “joint waste authority” has the meaning given by section 207(2);

  • “local authority” has the meaning given by section 205(9).

Commencement Information

I206S. 211 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(q)

Part 12E+WEntities controlled etc by local authorities

212Entities controlled etc by local authoritiesE+W

(1)An order under this section is an order which requires, prohibits or regulates the taking of specified actions by entities connected with a local authority.

(2)The Secretary of State may make an order under this section in relation to—

(a)all English local authorities;

(b)English local authorities of particular descriptions;

(c)particular English local authorities.

(3)The Welsh Ministers may make an order under this section in relation to—

(a)all Welsh local authorities;

(b)Welsh local authorities of particular descriptions;

(c)particular Welsh local authorities.

(4)An order under this section may also include provision which requires, prohibits or regulates—

(a)the taking of specified actions by a local authority in relation to entities connected with the local authority;

(b)the taking of specified actions by members or officers of a local authority who are qualifying persons.

(5)An order under this section may make provision in relation to—

(a)every entity connected with a local authority;

(b)such entities of a particular description.

(6)For the purposes of this section an entity (“E”) is “connected with” a local authority at any time if—

(a)it is an entity other than the local authority; and

(b)according to proper practices in force at that time, financial information about E must be included in the local authority's statement of accounts for the financial year in which that time falls.

(7)In this section—

  • “actions” includes courses of action;

  • “English local authority” means a local authority in England;

  • “entity” means any entity, whether or not a legal person;

  • “financial year” means a period for which accounts of the local authority must be prepared by reason of section 2 of the Audit Commission Act 1998 (c. 18) or section 13 of the Public Audit (Wales) Act 2004 (c. 23);

  • “local authority” means any body which—

    (a)

    is a local authority for the purposes of section 21 of the Local Government Act 2003 (c. 26) (see subsection (6) of that section and section 23 of that Act)[F205, apart from a police and crime commissioner]; and

    (b)

    is required to prepare statements of accounts by regulations made under section 27 of the Audit Commission Act 1998 or section 39 of the Public Audit (Wales) Act 2004;

  • “qualifying person” means a person who—

    (a)

    is authorised to represent the local authority at meetings of an entity that is connected with the local authority; or

    (b)

    is a member or director of such an entity or the holder of any other specified position in relation to such an entity;

  • “specified” means specified, or of a description specified, by the order;

  • “Welsh local authority” means a local authority in Wales.

Textual Amendments

Commencement Information

I207S. 212 in force at 30.12.2007, see s. 245(2)

213TrustsE+W

(1)In this section a “relevant trust” means a trust connected with a local authority.

(2)An order under section 212 may include provision which requires, prohibits or regulates—

(a)the taking of specified actions by the trustees of a relevant trust;

(b)the taking of specified actions by a local authority in relation to the trustees of trusts connected with that local authority;

(c)the taking of specified actions by a member or officer of a local authority who is a trustee of a trust connected with that local authority.

(3)Provision included in an order by virtue of this section may relate to—

(a)the trustees of every relevant trust;

(b)the trustees of relevant trusts of a particular description.

(4)For the purposes of this section a trust (“T”) is “connected with” a local authority at any time if, according to proper practices in force at that time, financial information about T must be included in the local authority's statement of accounts for the financial year in which that time falls.

(5)In this section the following have the same meaning as in section 212—

  • “actions”;

  • “financial year”;

  • “local authority”;

  • “specified”.

Commencement Information

I208S. 213 in force at 30.12.2007, see s. 245(2)

214Further provision about ordersE+W

(1)An order under section 212 may make provision requiring an entity, a local authority or trustees to obtain the consent of the appropriate person before taking any particular actions.

(2)In subsection (1) “the appropriate person” means—

(a)in relation to an order made by the Secretary of State, the Audit Commission;

(b)in relation to an order made by the Welsh Ministers, the Auditor General for Wales.

(3)The provision that may be included in an order by virtue of section 212(4)(a) includes in particular provision—

(a)requiring a local authority to make arrangements for enabling questions about an entity's activities to be put to members or officers of the authority who are qualifying persons;

(b)prohibiting a local authority from taking action (including refraining from exercising a right) which would have the result that a person of a specified description becomes a qualifying person;

(c)requiring a local authority to ensure so far as practicable that entities comply with provisions of the order applicable to them.

(4)The provision that may be included in an order by virtue of section 213(2)(b) includes in particular provision—

(a)requiring a local authority to make arrangements for enabling questions about a trust connected with the authority to be put to members or officers of the authority who are trustees;

(b)prohibiting a local authority from taking action (including refraining from exercising a right) which would have the result that a person of a specified description becomes a trustee of a trust connected with the authority;

(c)requiring a local authority to ensure so far as practicable that trustees comply with provisions of the order applicable to them.

(5)Nothing in subsections (1) to (4) affects the generality of section 212(1) or (4) or 213(2).

(6)Where an order under section 212—

(a)makes provision in relation to entities of a particular description, or

(b)makes provision in relation to the trustees of trusts of a particular description,

it may provide for any expression used in identifying that description of entity or trust to have the meaning for the time being given by a relevant document identified by the order.

(7)In subsection (6) “relevant document”—

(a)means a document that (at the time the power under subsection (6) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 (c. 26) by regulations made under that provision; and

(b)includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).

(8)An order under section 212 may include incidental, consequential, transitional or supplementary provision.

(9)In this section the following have the same meaning as in section 212—

  • “actions”;

  • “entity”;

  • “local authority”;

  • “qualifying person”;

and references to a trust connected with a local authority have the same meaning as in section 213.

(10)In this section “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England.

Commencement Information

I209S. 214 in force at 30.12.2007, see s. 245(2)

215Exemptions from ordersE+W

(1)The appropriate authority may give a direction exempting—

(a)a particular entity, or entities of a particular description, or

(b)the trustees of a particular trust, or of trusts of a particular description,

from an order under section 212 or specified provisions of such an order.

(2)A direction under this section may provide for an exemption to have effect—

(a)for a specified period; or

(b)subject to specified conditions.

(3)A direction under this section may be varied or revoked by a subsequent direction of the appropriate authority.

(4)In this section “the appropriate authority” means—

(a)in relation to an order made by the Secretary of State, the Secretary of State;

(b)in relation to an order made by the Welsh Ministers, the Welsh Ministers.

(5)In this section—

  • “entity” has the same meaning as in section 212;

  • “specified” means specified by the direction.

Commencement Information

I210S. 215 in force at 30.12.2007, see s. 245(2)

216Consequential amendmentsE+W

(1)Omit Part 5 of the Local Government and Housing Act 1989 (c. 42).

(2)Schedule 14 (other consequential amendments) has effect.

(3)Subsection (4) applies where by virtue of section 14 of the Interpretation Act 1978 (c. 30) (implied power to amend) any subordinate legislation is amended in consequence of the repeal of Part 5 of the Local Government and Housing Act 1989.

(4)Any provision inserted or substituted by the amendment may provide for an expression used in such provision to have the meaning for the time being given by a relevant document identified by such provision.

(5)In subsection (4) “relevant document”—

(a)means a document that (at the time the power under subsection (4) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 (c. 26) by regulations made under that provision; and

(b)includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).

Commencement Information

I211S. 216(3)-(5) in force at 30.12.2007, see s. 245(2)

217Definition of certain terms in amended enactments: EnglandE+W

(1)The Secretary of State may by order under this section—

F206(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)define for the purposes of section 80(1)(aa) of the Local Government Act 1972 (c. 70) the reference in that provision to “an entity under the control of” the authority mentioned there;

(c)define, for the purposes of sections 98(8)(d) and 100(1)(a) of the Local Government, Planning and Land Act 1980 (c. 65), the references in each of those provisions to—

(i)“an entity under the control of” the body mentioned there;

(ii)“an entity subject to the influence of” that body; and

(iii)“an entity jointly controlled by” that body and one or more other bodies;

(d)define for the purposes of paragraph 7(2) of Schedule 7 to the Environment Act 1995 (c. 25) the reference in that provision to “an entity under the control of” the authority mentioned there;

(e)define for the purposes of section 18(2)(b) of the Local Government Act 2003 (c. 26) the references in that provision to—

(i)“an entity under the control of” and “a trust under the control of” an authority or Executive mentioned there;

(ii)“an entity subject to the influence of” and “a trust subject to the influence of” such an authority or Executive; and

(iii)“an entity jointly controlled by bodies that include” and “a trust jointly controlled by bodies that include” such an authority or Executive.

(2)Any reference in subsection (1) to the purposes of a provision of—

  • the Local Government Act 1972 (c. 70),

  • the Local Government, Planning and Land Act 1980,

  • the Environment Act 1995, or

  • the Local Government Act 2003,

is a reference to the purposes of that provision as it applies in relation to England.

(3)An order under this section may provide for any expression used by it to have the meaning for the time being given by a relevant document identified by the order.

(4)In subsection (3) “relevant document”—

(a)means a document that (at the time the power under subsection (3) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 by regulations made under that provision; and

(b)includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).

Textual Amendments

Commencement Information

I212S. 217 in force at 30.12.2007, see s. 245(2)

218Definition of certain terms in amended enactments: WalesE+W

(1)The Welsh Ministers may by order under this section—

(a)define for the purposes of section 80(1)(aa) of the Local Government Act 1972 the reference in that provision to “an entity under the control of” the authority mentioned there;

(b)define, for the purposes of sections 98(8)(d) and 100(1)(a) of the Local Government, Planning and Land Act 1980, the references in each of those provisions to—

(i)“an entity under the control of” the body mentioned there;

(ii)“an entity subject to the influence of” that body; and

(iii)“an entity jointly controlled by” that body and one or more other bodies;

(c)define for the purposes of paragraph 7(2) of Schedule 7 to the Environment Act 1995 (c. 25) the reference in that provision to “an entity under the control of” the authority mentioned there;

(d)define for the purposes of section 18(2)(b) of the Local Government Act 2003 (c. 26) the references in that provision to—

(i)“an entity under the control of” and “a trust under the control of” an authority mentioned there;

(ii)“an entity subject to the influence of” and “a trust subject to the influence of” such an authority; and

(iii)“an entity jointly controlled by bodies that include” and “a trust jointly controlled by bodies that include” such an authority;

(e)define “an entity under the control of a local authority” for the purposes of section 48(3) of the Public Audit (Wales) Act 2004 (c. 23).

(2)Any reference in subsection (1) to the purposes of a provision of—

  • the Local Government Act 1972 (c. 70),

  • the Local Government, Planning and Land Act 1980 (c. 65),

  • the Environment Act 1995, or

  • the Local Government Act 2003,

is a reference to the purposes of that provision as it applies in relation to Wales.

(3)An order under this section may provide for any expression used by it to have the meaning for the time being given by a relevant document identified by the order.

(4)In subsection (3) “relevant document”—

(a)means a document that (at the time the power under subsection (3) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 by regulations made under that provision; and

(b)includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).

Commencement Information

I213S. 218 in force at 30.12.2007, see s. 245(2)

Part 13E+WThe Valuation Tribunal for England

219Establishment of the TribunalE+W

(1)Schedule 15 (which establishes the Valuation Tribunal for England, and makes consequential provision) has effect.

(2)The existing English tribunals are abolished.

(3)In this Part “existing English tribunals” means the valuation tribunals established in relation to England by regulations under Schedule 11 to the Local Government Finance Act 1988 (c. 41) which are in existence immediately before the transfer of jurisdiction takes place.

(4)The transfer of jurisdiction is the transfer made by paragraph A2 of Schedule 11 to the Local Government Finance Act 1988 (as inserted by Schedule 15 to this Act).

Commencement Information

I214S. 219 in force at 12.12.2008 for specified purposes by S.I. 2008/3110, art. 2(g)

I215S. 219(1) in force at 1.4.2008 for specified purposes by S.I. 2008/917, art. 2(1)(r)

I216S. 219(1) in force at 1.10.2009 in so far as not already in force by S.I. 2008/3110, art. 6(a)

I217S. 219(2)-(4) in force at 1.10.2009 by S.I. 2008/3110, art. 6(a)

220Consequential and transitional provision etcE+W

(1)Schedule 16 (consequential amendments relating to the creation of the Valuation Tribunal for England) has effect.

(2)The Secretary of State may by regulations make provision (including transitional, saving or transitory provision)—

(a)for the purposes of supplementing or giving full effect to this Part; or

(b)in consequence of this Part.

(3)The provision that may be made under subsection (2) includes provision—

(a)for members of the existing English tribunals to become members of the Valuation Tribunal for England;

(b)to enable the Valuation Tribunal for England to deal with any appeals already made to the existing English tribunals (including provision about which members of the Tribunal are to deal with any such appeal);

(c)for subordinate legislation made under Schedule 11 to the Local Government Finance Act 1988 (c. 41) before its amendment by this Act to be treated as if made under that Schedule as amended by this Act;

(d)modifying subordinate legislation which is subject to provision under paragraph (c);

(e)for members of the Valuation Tribunal for England to be appointed otherwise than in accordance in Part 4 of the Constitutional Reform Act 2005 (c. 4);

(f)amending or repealing any enactment passed before or in the same session as this Act;

(g)amending or revoking subordinate legislation made before the passing of this Act.

(4)Subsection (2) is without prejudice to sections 243 and 245(6)(b).

Commencement Information

I218S. 220(1) in force at 1.4.2008 for specified purposes by S.I. 2008/917, art. 2(1)(s)

I219S. 220(1) in force at 1.10.2009 in so far as not already in force by S.I. 2008/3110, art. 6(b)

I220S. 220(2)-(4) in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(t)

Part 14E+WPatient and public involvement in health and social care

[F207Local arrangements]E+W

Textual Amendments

F207S. 221 cross-heading substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 182(10), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

221Health services and social servicesF208...E+W

(1)Each local authority must make contractual arrangements for the purpose of ensuring that there are means by which the activities specified in subsection (2) for the local authority's area can be carried on in the area.

(2)The activities for a local authority's area are—

(a)promoting, and supporting, the involvement of [F209local] people in the commissioning, provision and scrutiny of local care services;

(b)enabling [F209local] people to monitor for the purposes of their consideration of matters mentioned in subsection (3), and to review for those purposes, the commissioning and provision of local care services;

(c)obtaining the views of [F209local] people about their needs for, and their experiences of, local care services; F210...

(d)making—

(i)views such as are mentioned in paragraph (c) known, and

(ii)reports and recommendations about how local care services could or ought to be improved,

to persons responsible for commissioning, providing, managing or scrutinising local care services [F211and to the Healthwatch England committee of the Care Quality Commission.]

[F212(e)providing advice and information about access to local care services and about choices that may be made with respect to aspects of those services;

(f)reaching views on the matters mentioned in subsection (3) and making those views known to the Healthwatch England committee of the Care Quality Commission;

(g)making recommendations to that committee to advise the Commission about special reviews or investigations to conduct (or, where the circumstances justify doing so, making such recommendations direct to the Commission);

(h)making recommendations to that committee to publish reports under section 45C(3) of the Health and Social Care Act 2008 about particular matters; and

(i)giving that committee such assistance as it may require to enable it to carry out its functions effectively, efficiently and economically.]

(3)The matters referred to in subsection (2)(b) [F213and (f)] are—

(a)the standard of provision of local care services;

(b)whether, and how, local care services could be improved;

(c)whether, and how, local care services ought to be improved.

[F214(3A)A person to whom views are made known or reports or recommendations are made under subsection (2)(d) must, in exercising any function relating to care services, have regard to the views, reports or recommendations.]

[F215(3B)Each local authority must ensure that only one set of arrangements under subsection (1) in relation to its area is in force at any one time.]

(4)The Secretary of State may by regulations amend this section for the purpose of adding to the activities for the time being specified in subsection (2).

(5)Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(6)In this section—

  • “care services” means—

    (a)

    services provided as part of the health service in England; or

    (b)

    services provided as part of the social services functions of a local authority;

  • “local care services”, in relation to a local authority, means—

    (a)

    care services provided in the authority's area; and

    (b)

    care services provided, in any place, for people from the area;

  • [F216“local people”, in relation to a local authority, means—

    (a)

    people who live in the local authority's area,

    (b)

    people to whom care services are being or may be provided in that area,

    (c)

    people from that area to whom care services are being provided in any place, and

    who are (taken together) representative of the people mentioned in paragraphs (a) to (c);]

  • “the health service” has the same meaning as in the National Health Service Act 2006 (c. 41);

  • “social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).

Textual Amendments

F208Words in s. 221 title omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 182(9), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F209Words in s. 221(2)(a)-(c) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 182(2)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F210Word in s. 221 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 182(2)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F211Words in s. 221(2)(d) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 182(3), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I221S. 221 in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.

F217222[F217Local Healthwatch organisations]E+W

(1)This section applies in relation to any particular arrangements made under section 221(1) by a local authority (“A”).

[F218(2)The arrangements must be made with a body corporate which—

(a)is a social enterprise, and

(b)satisfies such criteria as may be prescribed by regulations made by the Secretary of State.

(2A)For so long as the arrangements are in force, the body with which they are made—

(a)has the function of carrying on in A's area the activities specified in section 221(2), and

(b)is to be known as the “Local Healthwatch organisation” for A's area.

(2B)But the arrangements may authorise the Local Healthwatch organisation to make, in pursuance of those arrangements, arrangements (“Local Healthwatch arrangements”) with a person (other than A) for that person—

(a)to assist the organisation in carrying on in A's area some or all of the activities, or

(b)(subject to provision made under section 223(2)(e)) to carry on in A's area some (but not all) of the activities on the organisation's behalf.]

(3)[F219None of the following is capable of being a Local Healthwatch organisation]—

(a)a local authority;

(b)a National Health Service trust;

(c)an NHS foundation trust; [F220or

(ca)a clinical commissioning group.]

F221(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F222(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F223(3A)The arrangements must not be made with the National Health Service Commissioning Board.]

[F224(4)The arrangements must secure the result that Local Healthwatch arrangements will not be made with a body of a description specified in subsection (3) or with the National Health Service Commissioning Board.]

[F225(5)The arrangements may (in particular) make provision as respects co-operation between the Local Healthwatch organisation for the area and one or more other Local Healthwatch organisations.]

(6)The arrangements may provide for the making of payments by A.

(7)The arrangements must include the required provision about annual reports (see section 227).

[F226(7A)A must exercise its functions under this Part so as to secure that the arrangements—

(a)operate effectively, and

(b)represent value for money.

(7B)A must publish a report of its findings in seeking to secure the objective mentioned in subsection (7A).]

[F227(8)For the purposes of this section, a body is a social enterprise if—

(a)a person might reasonably consider that it acts for the benefit of the community in England, and

(b)it satisfies such criteria as may be prescribed by regulations made by the Secretary of State.

(9)Regulations made by the Secretary of State may provide that activities of a prescribed description are to be treated as being, or as not being, activities which a person might reasonably consider to be activities carried on for the benefit of the community in England.

(10)In subsections (8) and (9), “community” includes a section of the community; and regulations made by the Secretary of State may make provision about what does, does not or may constitute a section of the community.]

Textual Amendments

F217S. 222 title substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(8), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F218S. 222(2)-(2B) substituted for s. 222(2) (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(2), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F219Words in s. 222(3) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(3), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F220S. 222(3)(ca) and preceding word inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 149(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F222S. 222(3)(e) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 149(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F224S. 222(4) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(4), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F225S. 222(5) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(5), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F226S. 222(7A)(7B) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(6), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F227S. 222(8)-(10) substituted for s. 222(8) (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(7), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I222S. 222 in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.

[F228222ALocal authority arrangements: conflicts of interestE+W

(1)In making arrangements under section 221(1), a local authority must have regard to any conflicts guidance issued by the Secretary of State.

(2)Arrangements under section 221(1) must require the Local Healthwatch organisation, in exercising its function of carrying on the activities specified in section 221(2) or in making Local Healthwatch arrangements, to have regard to any conflicts guidance issued by the Secretary of State.

(3)In this section, “conflicts guidance” means guidance about managing conflicts between—

(a)the making of arrangements under section 221(1), and

(b)the carrying-on of the activities specified in section 221(2).

(4)In this section, “Local Healthwatch arrangements” has the meaning given by section 222.]

Textual Amendments

F228S. 222A inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(9), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

223Arrangements: power to make further provisionE+W

(1)The Secretary of State must make regulations which provide that arrangements made under section 221(1) (“local authority arrangements”) must [F229include prescribed provision].

[F230(1A)The Secretary of State may make regulations which provide that local authority arrangements must require Local Healthwatch arrangements to include prescribed provision.]

(2)The regulations may in particular provide that local authority arrangements [F231must include or (as the case may be) must require Local Healthwatch arrangements to include]—

(a)prescribed provision relating to the way in which certain decisions of [F232a Local Healthwatch organisation or a Local Healthwatch contractor] are to be taken;

(b)prescribed provision relating to the authorisation of individuals as authorised representatives within the meaning of section 225(5);

(c)prescribed provision relating to the use by [F233a Local Healthwatch organisation or a Local Healthwatch contractor] of money derived from the arrangements;

(d)prescribed provision relating to the consequences of contravention by [F233a Local Healthwatch organisation or a Local Healthwatch contractor] of any provision of the arrangements[F234;

(e)prescribed provision relating to the activities which a Local Healthwatch contractor may not carry on on a Local Healthwatch organisation's behalf;

(f)prescribed provision relating to the obtaining by a Local Healthwatch organisation of a licence under section 45D of the Health and Social Care Act 2008 and the grant by the organisation to a Local Healthwatch contractor of a sub-licence;

(g)prescribed provision relating to the use by a Local Healthwatch organisation or a Local Healthwatch contractor of the trade mark to which a licence under that section relates;

(h)prescribed provision relating to the infringement of the trade mark to which a licence under that section relates;

(i)prescribed provision relating to the imposition of a requirement on a Local Healthwatch organisation to act with a view to securing that its Local Healthwatch contractors (taken together) are representative of—

(i)people who live in the local authority's area,

(ii)people to whom care services are being or may be provided in that area, and

(iii)people from that area to whom care services are being provided in any place.]

[F235(2A)The provision which may be prescribed in relation to a Local Healthwatch contractor includes provision that relates to the contractor—

(a)only in so far as it assists the Local Healthwatch organisation in the carrying-on of activities specified in section 221(2);

(b)only in so far as it carries on such activities on the organisation's behalf.

(2B)Regulations under this section may make provision which applies to all descriptions of Local Healthwatch contractor, which applies to all those descriptions subject to specified exceptions or which applies only to such of those descriptions as are prescribed.]

(3)In this section—

  • [F236“care services” has the meaning given by section 221;]

  • F237...

  • [F238“Local Healthwatch arrangements” has the meaning given by section 222;]

  • [F239“Local Healthwatch contractor”, in relation to a Local Healthwatch organisation, means a person with whom the organisation makes Local Healthwatch arrangements;]

  • “prescribed provision” means provision prescribed or of a description prescribed by the regulations[F240;

  • trade mark”, and “use” and “infringement” in relation to a trade mark, each have the same meaning as in the Trade Marks Act 1994.]

Textual Amendments

F229Words in s. 223(1) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(2), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F230S. 223(1A) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(3), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F231Words in s. 223(2) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(4)(a), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F232Words in s. 223(2)(a) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(4)(b), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F233Words in s. 223(2)(c)(d) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(4)(b), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F234S. 223(2)(e)-(i) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(4)(c), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F235S. 223(2A)(2B) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(5), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F236Words in s. 223(3) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(6)(a), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F237Words in s. 223(3) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 184(6)(b), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F238Words in s. 223(3) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(6)(c), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F239Words in s. 223(3) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(6)(d), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F240Words in s. 223(3) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(6)(e), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I223S. 223 in force at 21.2.2008 by S.I. 2008/461, art. 2(1)(a)

[F241223AIndependent advocacy servicesE+W

(1)Each local authority must make such arrangements as it considers appropriate for the provision of independent advocacy services in relation to its area.

(2)In this section, “independent advocacy services” means services providing assistance (by way of representation or otherwise) to persons making or intending to make—

(a)a complaint under a procedure operated by a health service body or independent provider;

(b)a complaint under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003;

(c)a complaint to the Health Service Commissioner for England;

(d)a complaint to the Public Services Ombudsman for Wales which relates to a Welsh health body;

(e)a complaint under section 73C(1) of the National Health Service Act 2006;

(f)a complaint to a Local Commissioner under Part 3 of the Local Government Act 1974 about a matter which could be the subject of a complaint under section 73C(1) of the National Health Service Act 2006; or

(g)a complaint of such description as the Secretary of State may by regulations prescribe which relates to the provision of services as part of the health service and—

(i)is made under a procedure of a description prescribed in the regulations, or

(ii)gives rise, or may give rise, to proceedings of a description prescribed in the regulations.

(3)Each local authority may make such other arrangements as it considers appropriate for the provision of services in relation to its area providing assistance to individuals in connection with complaints relating to the provision of services as part of the health service.

(4)Arrangements under this section may not provide for a person to make arrangements for the provision of services by a Local Healthwatch organisation.

(5)In making arrangements under this section, a local authority must have regard to the principle that the provision of services under the arrangements or arrangements made in pursuance of the arrangements should, so far as practicable, be independent of any person who is—

(a)the subject of a relevant complaint; or

(b)involved in investigating or adjudicating on such a complaint.

(6)A local authority may make payments to—

(a)a person providing services under arrangements under this section;

(b)a person arranging for the provision of services in pursuance of arrangements under this section;

(c)a person providing services under arrangements made in pursuance of arrangements under this section.

(7)The Secretary of State may by regulations make provision requiring a person providing services under arrangements under this section or arrangements made in pursuance of the arrangements to have cover against the risk of a claim in negligence arising out of the provision of the services.

(8)The Secretary of State may give directions to a local authority about the exercise of its functions under this section.

(9)A direction under subsection (8) may be varied or revoked.

(10)In this section—

  • “the health service” has the same meaning as in the National Health Service Act 2006;

  • “health service body” means—

    (a)

    in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;

    (b)

    in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales) Act 2005);

  • “independent provider” means—

    (a)

    in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;

    (b)

    in relation to Wales, a person who is an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005);

  • “Welsh health body” means—

    (a)

    a Local Health Board,

    (b)

    an NHS trust managing a hospital or other establishment or facility in Wales,

    (c)

    a Special Health Authority not discharging functions only or mainly in England,

    (d)

    an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005),

    (e)

    a family health service provider in Wales (within the meaning of that Act), or

    (f)

    a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003.]

Textual Amendments

F241S. 223A inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 185(1), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

224Duties of [F242responsible persons] to respond to [F243Local Healthwatch organisations or contractors] E+W

(1)The Secretary of State may by regulations impose, on a [F244responsible person], duties—

(a)as respects responding to requests for information made to the [F244responsible person] by [F245a Local Healthwatch organisation or a Local Healthwatch contractor];

(b)as respects dealing with reports or recommendations made to the [F244responsible person] by [F245a Local Healthwatch organisation or a Local Healthwatch contractor]; or

(c)as respects dealing with reports or recommendations which, in accordance with any requirement imposed in regulations under paragraph (b), have been referred to the [F244responsible person] by another [F244responsible person].

(2)In subsection (1) “[F244responsible person]” means—

[F246(za)the National Health Service Commissioning Board;

(zb)a clinical commissioning group;]

(a)a National Health Service trust;

(b)an NHS foundation trust;

F247(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)a local authority; or

(e)a person prescribed by regulations made by the Secretary of State.

[F248(3)For the purposes of subsection (1), something is done by a Local Healthwatch organisation if it is done by that organisation—

(a)in the carrying-on, under arrangements made under section 221(1), of activities specified in section 221(2), or

(b)in compliance with a requirement imposed by virtue of section 223(2)(i).

(3A)For the purposes of subsection (1), something is done by a Local Healthwatch contractor if it is done by that contractor in the carrying-on, under Local Healthwatch arrangements, of activities specified in section 221(2).]

(4)Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

[F249(5)In this section—

  • “Local Healthwatch arrangements” has the meaning given by section 222;

  • “Local Healthwatch contractor” has the meaning given by section 223.]

Textual Amendments

F243Words in s. 224 title substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(5), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F245Words in s. 224(1)(a)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(2), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F248S. 224(3)(3A) substituted for s. 224(3) (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(3), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I224S. 224 in force at 21.2.2008 by S.I. 2008/461, art. 2(1)(b)

225[F250Duties of services-providers to allow entry by Local Healthwatch organisations or contractors]E+W

(1)The Secretary of State shall by regulations make provision for the purpose of imposing, on a services-provider, a duty to allow authorised representatives to enter and view, and observe the carrying-on of activities on, premises owned or controlled by the services-provider.

(2)The provision that may be made by regulations under subsection (1) includes (in particular)—

(a)providing for a duty to apply in relation to premises owned or controlled by a services-provider only if, or not to apply in relation to any such premises if, the premises are of a particular description;

(b)providing for a duty, so far as applying in relation to any premises, to apply in relation to activities carried on on the premises only if, or not to apply in relation to any such activities if, the activities are of a particular description;

(c)conditions to be satisfied before a duty arises in a particular case;

(d)provision limiting the extent of a duty, whether generally or in particular cases;

(e)provision imposing, or authorising the imposition of, conditions and restrictions for the purposes of subsection (4)(b);

(f)provision as respects the authorisation of individuals for the purposes of this section by [F251a Local Healthwatch organisation or a Local Healthwatch contractor].

(3)Provision such as is mentioned in subsection (2)(d) may limit a duty by (in particular)—

(a)providing for a duty not to apply to an authorised representative if he is, or unless he is, of a particular description;

(b)limiting the number of authorised representatives to whom a duty applies in a particular case;

(c)limiting the hours during which a duty applies.

(4)While an authorised representative is on any premises as a result of a services-provider having complied with a duty imposed under subsection (1)—

(a)any viewing, or observation, carried out by the representative must be carried out for the purposes of the carrying-on, under arrangements made under section 221(1) [F252or Local Healthwatch arrangements], of activities specified in section 221(2); and

(b)the representative must comply with any applicable conditions and restrictions imposed under subsection (1) for the purposes of this paragraph.

(5)In this section “authorised representative” means an individual authorised for the purposes of this section, in accordance with any applicable provision in regulations under subsection (1), by [F253a Local Healthwatch organisation or a Local Healthwatch contractor].

[F254(5A)In this section—

  • “Local Healthwatch arrangements” has the meaning given by section 222;

  • “Local Healthwatch contractor” has the meaning given by section 223.]

F255(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section “services-provider” means—

(a)a National Health Service trust;

(b)an NHS foundation trust;

F256(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)a local authority; or

(e)a person prescribed by regulations made by the Secretary of State.

Textual Amendments

F251Words in s. 225(2)(f) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(7), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F252Words in s. 225(4)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(8), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F253Words in s. 225(5) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(7), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I225S. 225 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(r)

226[F257Referrals of social care matters]E+W

(1)Subsections (2) to (5) apply where [F258a Local Healthwatch organisation or a Local Healthwatch contractor] refers a matter relating to social care services to an overview and scrutiny committee of a local authority.

(2)The committee must—

(a)acknowledge receipt of the referral; and

(b)keep the referrer informed of the committee's actions in relation to the matter.

(3)The committee must decide whether or not any of its powers is exercisable in relation to the matter referred.

(4)If the committee concludes that any of those powers is exercisable in relation to the matter, the committee must decide whether or not to exercise that power in relation to the matter.

(5)The committee, in exercising any of those powers in relation to the matter, must take into account any relevant information provided by [F259a Local Healthwatch organisation or a Local Healthwatch contractor].

(6)The Secretary of State may by regulations make provision as respects determining the time by which a duty under subsection (2)(a) is to be performed.

[F260(7)For the purposes of this section, something is done by a Local Healthwatch organisation if it is done by that organisation in the carrying-on, under arrangements made under section 221(1), of activities specified in section 221(2).

(7A)For the purposes of this section, something is done by a Local Healthwatch contractor if it is done by that contractor in the carrying-on, under Local Healthwatch arrangements, of activities specified in section 221(2).]

(8)In this section—

  • [F261“Local Healthwatch arrangements” has the meaning given by section 222;

  • “Local Healthwatch contractor” has the meaning given by section 223;]

  • “overview and scrutiny committee”—

    (a)

    in relation to a local authority which under Part 2 of the Local Government Act 2000 (c. 22) operates executive arrangements, means an overview and scrutiny committee of the authority within the meaning given by section 21(1) of that Act;

    (b)

    in relation to a local authority which under Part 2 of that Act operates alternative arrangements, means a committee or sub-committee appointed under section 32(1)(b) of that Act;

    (c)

    in relation to the Common Council of the City of London, means a committee established under section 10(1) of the Health and Social Care Act 2001 (c. 15); and

    (d)

    in relation to the Council of the Isles of Scilly, means a committee which, by virtue of an order under section 265 of the Local Government Act 1972 (c. 70), is appointed by the Council under section 21(1) or 32(1)(b) of the Local Government Act 2000;

  • “social care services” means services provided as part of the social services functions of a local authority;

  • “social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).

Textual Amendments

F258Words in s. 226(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(13), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F259Words in s. 226(5) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(13), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F260S. 226(7)(7A) substituted for s. 226(7) (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(14), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I226S. 226(1)-(5)(7)(8) in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.

I227S. 226(6) in force at 21.2.2008 by S.I. 2008/461, art. 2(1)(c)

227[F262Local Healthwatch organisations: annual reports]E+W

(1)Subsection (2) has effect for the purposes of section 222(7).

(2)In relation to any arrangements made under section 221(1)F263..., the “required provision about annual reports” is—

(a)provision—

(i)requiringF264... the preparation by [F265the Local Healthwatch organisation] for each financial year of a report in relation to the activities of [F266the organisation] in the year (so far as they are activities specified in section 221(2) for the local authority's area and carried on [F267under the arrangements or arrangements made] in pursuance of the arrangements);

F268(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)provision requiring that each such report must comply with the requirements mentioned in subsection (3);

(c)provision requiring each such report to be prepared by 30th June after the end of the financial year concerned; and

(d)provision requiring that, once such a report has been prepared—

(i)copies of it are to be made publicly available in such manner as the person preparing it, after having had regard to any guidance issued by the Secretary of State that may be in force at the time, considers appropriate; and

(ii)a copy of it is to be sent to each of the persons specified in subsection (4).

(3)The requirements referred to in subsection (2)(b) are—

(a)that the report addresses, in particular, such matters as the Secretary of State may direct; [F270and]

(b)that the reportF271... includes—

(i)details of the amounts spent by [F272the Local Healthwatch organisation in its capacity as such, and the amounts spent by its Local Healthwatch contractors in their capacity as such,] in the year concerned; and

(ii)details of what those amounts were spent on; F273...

F273(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The persons referred to in subsection (2)(d)(ii) are—

(a)the local authority;

[F274(aa)the National Health Service Commissioning Board;

(ab)each clinical commissioning group, whose area or any part of whose area falls within the area of the local authority;]

F275(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any overview and scrutiny committee of the local authority that is within subsection (5);

[F276(ca)the Care Quality Commission;]

[F277(cb)the Healthwatch England committee of the Care Quality Commission;]

(d)F278... and

(e)such other persons (if any) as the Secretary of State may direct.

(5)An overview and scrutiny committee of the local authority is within this subsection—

(a)F279...if any activities of [F280the Local Healthwatch organisation] (so far as they are activities specified in section 221(2) and carried on [F281under the arrangements made under section 221(1) or arrangements made] in pursuance of the arrangements) are relevant to the functions of the committee; F282...

F282(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F283(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F283(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F283(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In this section—

  • “financial year” means a period of 12 months ending with 31st March;

  • [F284“Local Healthwatch contractor” has the meaning given by section 223;]

  • “overview and scrutiny committee” has the meaning given by section 226(8).

(10)Power to give directions for purposes of this section includes power to vary or revoke directions given in previous exercise of the power.

(11)Directions given, or guidance issued, for purposes of this section must be published in such manner as, in the opinion of the Secretary of State, is likely to bring them or it to the attention of the persons to whom they or it are applicable.

Textual Amendments

F263Words in s. 227(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(2), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F264Words in s. 227(2)(a)(i) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(3)(a)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F265Words in s. 227(2)(a)(i) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(3)(a)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F266Words in s. 227(2)(a)(i) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(3)(a)(iii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F267Words in s. 227(2)(a)(i) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(3)(a)(iv), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F268S. 227(2)(a)(ii) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(3)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F269S. 227(2)(iii) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(3)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F271Words in s. 227(3)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(4)(b)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F272Words in s. 227(3)(b)(i) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(4)(b)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F273S. 227(3)(c) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(4)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F275Words in s. 227(4)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 152(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F279Words in s. 227(5)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(6)(a)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F280Words in s. 227(5)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(6)(a)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F282S. 227(5)(b) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(6)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F283S. 227(6)-(8) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(7), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I228S. 227 in force at 1.4.2008 in so far as not already in force by S.I. 2008/461, art. 2(3), Sch.

I229S. 227 in force at 10.3.2010 for specified purposes by S.I. 2008/461, art. 2(2)

F285228Transitional arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F285S. 228 omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 188(10), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

229Sections 221 to 228: interpretation and supplementaryE+W

(1)For the purposes of sections 221 to 228, each of the following is a “local authority”—

(a)a county council in England;

(b)a district council in England, other than a council for a district in a county for which there is a county council;

(c)a London borough council;

(d)the Common Council of the City of London; and

(e)the Council of the Isles of Scilly.

(2)Any power of the Secretary of State to make regulations under sections 221 to 228 includes power to make incidental, supplementary, consequential, transitory or transitional provision or savings.

Commencement Information

I230S. 229 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(s)

Abolition of Patients' Forums etcE+W

230Abolition of functions of Patients' ForumsE+W

(1)The following provisions of the 2006 Act are omitted—

  • sections 237(3) to (9) and 238 (functions of Patients' Forums);

  • section 239 (power to confer rights of entry on members of Patients' Forums); and

  • section 241(3) and (4) (regulations about membership of Patients' Forums).

(2)If subsection (1) comes into force on a day other than 1st April—

(a)section 240 of the 2006 Act (a Patients' Forum must prepare an annual report for each financial year), and regulation 4 of the Functions Regulations (a Patients' Forum must prepare annual accounts for each financial year), shall have effect as if the final reporting period of a Patients' Forum were a financial year; and

(b)regulation 4(3) of the Functions Regulations (accounts for a financial year to be copied to the Commission no later than 31st May after end of year) shall have effect in relation to the final reporting period of a Patients' Forum as if for “31st May” there were substituted “ two months ”.

(3)A Patients' Forum, in its report under section 240 of the 2006 Act for its final reporting period, must (in particular) include details of anything being done by the Patients' Forum that was still in progress when subsection (1) came into force.

(4)Section 240 of the 2006 Act does not require a Patients' Forum to prepare a report, and regulation 4 of the Functions Regulations does not require a Patients' Forum to prepare annual accounts, in relation to any time after the end of its final reporting period.

(5)In subsections (2) to (4) “final reporting period”, in relation to a Patients' Forum, means the period—

(a)ending with the coming into force of subsection (1); and

(b)beginning with the preceding 1st April.

(6)In this section—

  • “the 2006 Act” means the National Health Service Act 2006 (c. 41);

  • “the Functions Regulations” means the Patients' Forums (Functions) Regulations 2003 (S.I. 2003/2124).

Commencement Information

I231S. 230 in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.

231Abolition of Patients' ForumsE+W

(1)The following provisions of the National Health Service Act 2006 are omitted—

  • section 237(1) and (2) (establishment of Patients' Forums and appointment of their members);

  • section 240 (Patients' Forums: annual reports); and

  • section 241(1) and (2) (power to make further provision about Patients' Forums).

(2)The property, rights and liabilities of each Patients' Forum are by virtue of this subsection transferred to the Secretary of State for Health (including any property, rights and liabilities that would not otherwise be capable of being transferred).

(3)Any legal proceedings relating to anything transferred under subsection (2) may be continued by or in relation to the Secretary of State for Health.

Commencement Information

I232S. 231 in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.

232Abolition of Commission for Patient and Public Involvement in HealthE+W

(1)The following provisions of the 2006 Act are omitted—

  • section 243 (establishment and functions of the Commission); and

  • Schedule 16 (further provision about the Commission).

(2)The property, rights and liabilities of the Commission are by virtue of this subsection transferred to the Secretary of State for Health (including any property, rights and liabilities that would not otherwise be capable of being transferred).

(3)Any legal proceedings relating to anything transferred under subsection (2) may be continued by or in relation to the Secretary of State for Health.

(4)Subsection (5) applies if the Secretary of State is satisfied that the Commission has carried out, or has substantially carried out, its functions under section 243(5) of the 2006 Act (review by Commission of annual reports of Patients' Forums) in relation to the final reports of the Patients' Forums.

(5)The Secretary of State may fix the period that is to be the Commission's final reporting period for the purposes of paragraphs 11 and 12 of Schedule 16 to the 2006 Act (Commission's annual report and accounts) by notifying that period to—

(a)the Commission; and

(b)the Comptroller and Auditor General.

(6)Paragraphs 11 and 12 of Schedule 16 to the 2006 Act shall have effect as if the final reporting period notified under subsection (5) were a financial year.

(7)Paragraphs 11(2) and 12(1) of Schedule 16 to the 2006 Act do not require the Commission to prepare annual accounts and reports in respect of any time after the end of the final reporting period notified under subsection (5).

(8)The period notified under subsection (5)—

(a)must be a period beginning with 1st April in any year; and

(b)may be a period of, or longer or shorter than, 12 months.

(9)In this section—

  • “the 2006 Act” means the National Health Service Act 2006 (c. 41);

  • “the Commission” means the Commission for Patient and Public Involvement in Health.

Commencement Information

I233S. 232(1) in force at 1.4.2008 for specified purposes by S.I. 2008/461, art. 2(3), Sch.

I234S. 232(1) in force at 30.6.2008 in so far as not already in force by S.I. 2008/461, art. 2(4)(a)

I235S. 232(2)-(9) in force at 30.6.2008 by S.I. 2008/461, art. 2(4)(a)

Consultation about health servicesE+W

233Duty to involve users of health servicesE+W

(1)Section 242 of the National Health Service Act 2006 (public involvement and consultation) is amended as mentioned in subsections (2) to (4) below.

(2)For subsection (1) (bodies to which section applies) substitute—

“(1)This section applies to—

(a)relevant English bodies, and

(b)relevant Welsh bodies.

(1A)In this section—

  • “relevant English body” means—

    (a)

    a Strategic Health Authority,

    (b)

    a Primary Care Trust,

    (c)

    an NHS trust that is not a relevant Welsh body, or

    (d)

    an NHS foundation trust;

  • “relevant Welsh body” means an NHS trust all or most of whose hospitals, establishments and facilities are in Wales.

(1B)Each relevant English body must make arrangements, as respects health services for which it is responsible, which secure that users of those services, whether directly or through representatives, are involved (whether by being consulted or provided with information, or in other ways) in—

(a)the planning of the provision of those services,

(b)the development and consideration of proposals for changes in the way those services are provided, and

(c)decisions to be made by that body affecting the operation of those services.

(1C)Subsection (1B)(b) applies to a proposal only if implementation of the proposal would have an impact on—

(a)the manner in which the services are delivered to users of those services, or

(b)the range of health services available to those users.

(1D)Subsection (1B)(c) applies to a decision only if implementation of the decision (if made) would have an impact on—

(a)the manner in which the services are delivered to users of those services, or

(b)the range of health services available to those users.

(1E)The reference in each of subsections (1C)(a) and (1D)(a) to the delivery of services is to their delivery at the point when they are received by users.

(1F)For the purposes of subsections (1B) to (1E), a person is a “user” of any health services if the person is someone to whom those services are being or may be provided.

(1G)A relevant English body must have regard to any guidance given by the Secretary of State as to the discharge of the body's duty under subsection (1B).

(1H)The guidance mentioned in subsection (1G) includes (in particular)—

(a)guidance given by the Secretary of State as to when, or how often, involvement under arrangements under subsection (1B) is to be carried out;

(b)guidance given by the Secretary of State as to the form to be taken by such involvement in any case specified by the guidance.”

(3)In subsection (2) (each body to which section applies must make arrangements), for “body to which this section applies” substitute “ relevant Welsh body ”.

(4)In subsection (5) (directions about arrangements under subsection (2)), for “subsection (2)” substitute “ this section ”.

(5)After that section insert—

“242AStrategic Health Authorities: further duty to involve users

(1)The Secretary of State must by regulations require each Strategic Health Authority to make arrangements which secure that health service users are, directly or through representatives, involved (whether by being consulted or provided with information, or in other ways) in prescribed matters.

(2)In this section “health service users” means persons to whom health services are being or may be provided in the area of the Strategic Health Authority.

(3)A Strategic Health Authority must have regard to any guidance given by the Secretary of State as to the discharge of the authority's duty under regulations under this section.

(4)The guidance mentioned in subsection (3) includes (in particular)—

(a)guidance given by the Secretary of State as to when, or how often, involvement under arrangements under the regulations is to be carried out;

(b)guidance given by the Secretary of State as to the form to be taken by such involvement in any case specified by the guidance.

(5)Any duty of a Strategic Health Authority under regulations under this section is in addition to the authority's duty under section 242(1B).

242BDirections in cases where Strategic Health Authority arranges involvement

(1)The Secretary of State may make regulations enabling a Strategic Health Authority, in circumstances mentioned in subsection (2), to direct a Primary Care Trust that persons who would otherwise be involved in a particular matter under arrangements made by the Primary Care Trust under section 242 are not to be involved in that matter under those arrangements.

(2)The circumstances referred to in subsection (1) are where the persons concerned are to be involved (whether by the Strategic Health Authority, by the Strategic Health Authority and the Primary Care Trust acting jointly, or otherwise) under arrangements made or to be made by the Strategic Health Authority.

(3)Regulations under this section may include provision—

(a)for the consequences of compliance with a direction, including provision that a Primary Care Trust is not to be taken to have failed to comply with its duty under section 242(1B) by reason of compliance with a direction,

(b)enabling a direction to be given where involvement under arrangements made by the Primary Care Trust has already begun, and as to the provision that may be made by the direction in such a case,

(c)requiring prescribed information to be provided by a Primary Care Trust to a Strategic Health Authority,

(d)requiring prescribed information to be provided by a Strategic Health Authority to a Primary Care Trust,

(e)enabling a Strategic Health Authority to direct a Primary Care Trust to act jointly with the Strategic Health Authority in carrying out involvement.”

Commencement Information

I236S. 233(1)-(4) in force at 3.11.2008 by S.I. 2008/2434, art. 2(2)(a)

I237S. 233(5) in force at 26.9.2008 for specified purposes by S.I. 2008/2434, art. 2(1)

I238S. 233(5) in force at 3.11.2008 for specified purposes by S.I. 2008/2434, art. 2(2)(b)

I239S. 233(5) in force at 22.2.2010 in so far as not already in force by S.I. 2010/112, art. 3

234Reports on consultationE+W

(1)In Chapter 1 of Part 2 of the National Health Service Act 2006 (c. 41) (Strategic Health Authorities), after section 17 insert—

“17AReports on consultation

(1)Each Strategic Health Authority must, at such times as the Secretary of State may direct, prepare a report—

(a)on the consultation it has carried out, or proposes to carry out, before making commissioning decisions, and

(b)on the influence that the results of consultation have on its commissioning decisions.

(2)In subsection (1) “commissioning decisions”, in relation to a Strategic Health Authority, means (subject to any directions under subsection (5)(e)) decisions as to the carrying-out of functions exercisable by it for the purpose of securing, by arrangement with any person or body, the provision of services as part of the health service.

(3)Each Strategic Health Authority must also, at such times as the Secretary of State may direct, prepare a report—

(a)on any relevant consultation carried out by the authority, and

(b)on the influence that the results of any relevant consultation have had on such matters as may be specified in the direction.

(4)In subsection (3) “relevant consultation” means consultation in relation to matters specified by the direction under that subsection.

(5)The Secretary of State may give directions as to—

(a)the periods to be covered by reports under this section;

(b)the matters to be dealt with by reports under this section;

(c)the form and content of reports under this section;

(d)the publication of reports under this section;

(e)decisions that are to be treated as being, or that are to be treated as not being, commissioning decisions for the purposes of subsection (1).”

(2)In Chapter 2 of Part 2 of the National Health Service Act 2006 (Primary Care Trusts), after section 24 insert—

“24AReport on consultation

(1)Each Primary Care Trust must, at such times as the Secretary of State may direct, prepare a report—

(a)on the consultation carried out, or proposed to be carried out, before the making by the Primary Care Trust of commissioning decisions, and

(b)on the influence that the results of consultation have on its commissioning decisions.

(2)In subsection (1) “commissioning decisions”, in relation to a Primary Care Trust, means (subject to any directions under subsection (3)(e)) decisions as to the carrying out of its functions under Parts 4 to 7.

(3)The Secretary of State may give directions as to—

(a)the periods to be covered by reports under this section;

(b)the matters to be dealt with by reports under this section;

(c)the form and content of reports under this section;

(d)the publication of reports under this section;

(e)decisions that are to be treated as being, or that are to be treated as not being, commissioning decisions for the purposes of subsection (1).”

Commencement Information

I240S. 234 in force at 3.11.2008 by S.I. 2008/2434, art. 2(2)(c)

Part 15E+WPowers of National Assembly for Wales

235Powers of National Assembly for WalesE+W

Schedule 17 (powers of National Assembly for Wales) has effect.

Commencement Information

I241S. 235 in force at 30.12.2007, see s. 245(2)

Part 16E+WMiscellaneous

Exercise of functions by members of local authorities in EnglandE+W

236Exercise of functions by local councillors in EnglandE+W

(1)Arrangements may be made in accordance with this section for the discharge of any function of a local authority by a member of the authority, to the extent that the function is exercisable in relation to the electoral division or ward for which the member is elected.

(2)In the case of a function of a local authority operating executive arrangements which is the responsibility of the executive—

(a)it is for the senior executive member to make the arrangements; and

(b)arrangements under this section may not permit the discharge of the function by a member of the executive if it may be discharged by him by virtue of arrangements under section 14(2)(b)(ii) of the Local Government Act 2000 (c. 22) (discharge of functions: general).

(3)In any other case it is for the local authority to make the arrangements.

(4)No arrangements may be made under this section for the discharge by a member of a local authority of any function—

(a)which is, or to the extent that it is, specified in an order made by the Secretary of State; or

(b)in any manner or in circumstances so specified.

(5)Any arrangements made under this section with respect to the discharge of any function are not to prevent its discharge—

(a)by the person who made the arrangements; or

(b)in any other way in which the function is permitted to be discharged by or under any enactment.

(6)In this section, “local authority” means—

(a)the council of a county in England;

(b)a district council; or

(c)a London borough council.

(7)In this section—

  • “executive” and “executive arrangements” have the same meanings as in Part 2 of the Local Government Act 2000 (c. 22) (arrangements with respect to executives etc);

  • “senior executive member” has the same meaning as in section 14 of that Act;

and any reference to a function which is the responsibility of the executive of a local authority is to be construed in accordance with section 13(8) of that Act (functions which are the responsibility of an executive).

(8)Any reference in this section to the discharge of any function includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of that function.

F286(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I242S. 236 in force at 12.12.2008 for specified purposes by S.I. 2008/3110, art. 2(h)

I243S. 236 in force at 1.4.2009 in so far as not already in force by S.I. 2008/3110, art. 4(i)

237Exercise of functions under section 236: recordsE+W

(1)After section 100E of the Local Government Act 1972 (c. 70) insert—

“100EAInspection of records relating to functions exercisable by members

(1)The Secretary of State may by regulations make provision for written records of decisions made or action taken by a member of a local authority, in exercise of a function of the authority by virtue of arrangements made under section 236 of the Local Government and Public Involvement in Health Act 2007, to be made and provided to the authority by the member.

(2)Any written record provided to the authority under regulations under subsection (1) shall be open to inspection by members of the public at the offices of the authority for the period of six years beginning with the date on which the decision was made or action was taken.

(3)A statutory instrument containing regulations under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(2)In section 100H of that Act (supplemental provisions and offences), in subsection (4), for “or 100C(1)” substitute “ , 100C(1) or 100EA(2) ”.

(3)In section 41 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (evidence of resolutions and minutes of proceedings etc)—

(a)in subsection (2A)(a), after “that authority,” insert “ or a member of that executive ”;

(b)in subsection (2A)(b), after “as the case may be,” insert “ by the member of that executive or ”;

(c)after subsection (2A) insert—

“(2B)Subsection (2C) applies to a record if—

(a)it records a decision made or action taken by a member of a local authority or of a precursor of a local authority in exercise of a function of the authority or precursor by virtue of arrangements made under section 236 of the Local Government and Public Involvement in Health Act 2007, and

(b)it is required to be made by regulations under section 100EA of the Local Government Act 1972.

(2C)If a document which purports to be a copy of a record to which this subsection applies bears a certificate—

(a)purporting to be signed by—

(i)the proper officer of the local authority, or

(ii)a person authorised in that behalf by that officer or by the local authority, and

(b)stating that the decision was made or the action was taken by the member of the local authority on the date specified in the certificate,

the document shall be evidence in any proceedings of the matters stated in the certificate and of the terms of the decision, or nature of the action, in question.”

Commencement Information

I244S. 237 in force at 12.12.2008 by S.I. 2008/3110, art. 2(i)

AccountingE+W

238Amendments relating to capital finance and accounting practicesE+W

(1)In section 74(6) of the Housing Act 1988 (c. 50) (transfer of land and other property to housing action trusts)—

(a)in subsection (a), for the words from “expenditure” to “local authorities)” substitute “ capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance) ”;

(b)in subsection (b), for the words from “that Part” to the end substitute “ section 9(1) of that Act as sums received by the authority in respect of the disposal by it of an interest in a capital asset. ”

(2)In section 21 of the Local Government Act 2003 (c. 26) (accounting practices), after subsection (1) insert—

“(1A)The Secretary of State may issue guidance about the accounting practices to be followed by a local authority, in particular with respect to the charging of expenditure to a revenue account.

(1B)A local authority must have regard to any guidance issued to it under subsection (1A).”

(3)In section 24 of that Act (application to Wales) for “National Assembly for Wales” substitute “ Welsh Ministers ”.

Commencement Information

I245S. 238 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(t)

Contracting outE+W

239Contracting outE+W

(1)In section 70 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of local authorities)—

(a)in subsection (1)(b), for the words from “or section 38” to “local authorities)” substitute “ or an enactment mentioned in subsection (1ZA) below ”;

(b)after subsection (1) insert—

“(1ZA)The enactments referred to in subsection (1)(b) above are—

(a)paragraph 7 of Schedule 2 to the Regional Development Agencies Act 1998 (delegation of functions by London Development Agency etc);

(b)section 38 or 380 of the Greater London Authority Act 1999 (delegation of functions exercisable by the Mayor of London);

(c)paragraph 7 of Schedule 10 to that Act (delegation by Transport for London).

(1ZB)In its application in relation to a local authority which is a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, subsection (1) above has effect as if paragraph (b) were omitted.”

(2)In section 79(1) of that Act (interpretation of Part 2), in the definition of “local authority”—

(a)in paragraph (a), for the words from “means” to the end substitute “ has the meaning given by section 79A; ”;

(b)in paragraph (b), for the words from “means” to the end substitute “ has the meaning given by section 79B; ”.

(3)After section 79 of that Act insert—

“79A“Local authority”: England

In this Part, “local authority” in relation to England means—

(a)a county council;

(b)a district council;

(c)a London borough council;

(d)the Greater London Authority acting through the Mayor of London;

(e)the Common Council of the City of London;

(f)the sub-treasurer of the Inner Temple;

(g)the under treasurer of the Middle Temple;

(h)the Council of the Isles of Scilly;

(i)a parish council;

(j)a National Park authority;

(k)a functional body within the meaning of the Greater London Authority Act 1999;

(l)an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);

(m)a joint authority established by Part 4 of that Act (fire and rescue services and transport);

(n)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

(o)a police authority established under section 3 of the Police Act 1996;

(p)an authority established by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);

(q)any body specified for the purposes of this paragraph by regulations under section 79C.

79B“Local authority”: Wales

In this Part, “local authority” in relation to Wales means—

(a)a county council;

(b)a county borough council;

(c)a community council;

(d)a National Park authority;

(e)a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990;

(f)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

(g)a police authority established under section 3 of the Police Act 1996;

(h)any body specified for the purposes of this paragraph by regulations under section 79C.

79CRegulations for the purposes of section 79A and 79B

(1)The Secretary of State may by regulations made by statutory instrument specify for the purposes of section 79A(q) or 79B(h) any body which is (or any class of bodies each of which is)–

(a)a levying body, within the meaning of section 74 of the Local Government Finance Act 1988;

(b)a body to which section 75 of that Act applies (bodies with power to issue special levies);

(c)a body to which section 118 of that Act applies (other bodies with levying powers);

(d)a local precepting authority as defined in section 69 of the Local Government Finance Act 1992.

(2)Regulations under subsection (1)—

(a)may provide for this Part to have effect, in relation to a body specified under that subsection, subject to exceptions or modifications;

(b)may contain transitional provisions and savings.

(3)Any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(4)In Schedule 8 to the Environment Act 1995 (c. 25), omit paragraph 13 (application of contracting out to National Park authorities).

(5)In section 18 of the Local Government Act 1999 (c. 27) (best value authorities: contracting out)—

(a)in subsection (1) after “any” insert “ relevant ”;

(b)after subsection (2) insert—

“(3)In this section “relevant best value authority” means a best value authority which is not a local authority for the purposes of section 70 of the Deregulation and Contracting Out Act 1994.”

Commencement Information

I246S. 239 in force at 1.4.2008 by S.I. 2008/917, art. 2(1)(u) (with art. 6(6))

Part 17E+WFinal provisions

240Orders, regulations and guidanceE+W

(1)Any order or regulations made by the Secretary of State under this Act must be made by statutory instrument.

(2)Any order made by the [F287Local Government Boundary Commission for England] under this Act must be made by statutory instrument.

(3)Any order made by the Welsh Ministers under section 210, 212, 218 or 245 must be made by statutory instrument.

(4)A statutory instrument containing an order made by the Welsh Ministers under section 210 or 218, other than an instrument to which subsection (5) applies, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5)A statutory instrument containing—

  • an order under section 210 which includes provision amending an enactment, or

  • an order made by the Welsh Ministers under section 212,

may not be made unless a draft of the order has been laid before and approved by a resolution of the National Assembly for Wales.

(6)A statutory instrument containing—

  • an order made by the Secretary of State under section 7, 10, 20, 29, 33, 38, 40 or 212 or paragraph 3, 9(4)(b) or 10(3)(b) of Schedule 4,

  • regulations under section 221, 224(2)(e) or 225,

  • an order under section 17, 207 or 243 which includes provision—

    • (a) amending or repealing an enactment, or

    • (b) amending or revoking subordinate legislation of which a draft was required to be laid before and approved by a resolution of each House of Parliament, or

  • regulations under section 14 or 220 which include such provision,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(7)Any other statutory instrument under this Act, except one containing only—

(a)an order made by the [F288Local Government Boundary Commission for England], or

(b)an order under section 245,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)In relation to an order under section 243—

(a)the reference in subsection (6) above to an enactment includes an Act of the Scottish Parliament or Northern Ireland legislation; and

(b)the reference in that subsection to subordinate legislation of which a draft was required to be laid before and approved by a resolution of each House of Parliament includes an instrument of which a draft was required to be laid before and approved by a resolution of the Scottish Parliament.

(9)If, but for this subsection, an instrument containing an order under section 7 or 10 would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not a hybrid instrument.

(10)Any order or regulations made under this Act may make different provision for different cases.

(11)Any guidance issued under this Act may make different provision for different cases.

Textual Amendments

241RepealsE+W

The provisions specified in Schedule 18 (which include spent provisions) are repealed or revoked to the extent specified there.

Commencement Information

I247S. 241 in force at 1.11.2007 for specified purposes for E. by S.I. 2007/3136, art. 2(c)

I248S. 241 in force at 30.12.2007 for specified purposes, see s. 245(2)

I249S. 241 in force at 31.1.2008 for specified purposes by S.I. 2008/172, art. 2(1)(u)(i) (with art. 2(2))

I250S. 241 in force at 13.2.2008 for specified purposes by S.I. 2008/337, art. 2(d) (with Sch.)

I251S. 241 in force at 1.4.2008 for specified purposes by S.I. 2008/172, art. 4(n)(i)

I252S. 241 in force at 1.4.2008 for specified purposes by S.I. 2008/917, art. 2(1)(v)

I253S. 241 in force at 1.4.2008 for specified purposes by S.I. 2008/461, art. 2(3), Sch.

I254S. 241 in force at 1.4.2008 for W. save in relation to a police authority for a police area in Wales, for specified purposes by S.I. 2008/591, art. 2(d)

I255S. 241 in force at 30.6.2008 for specified purposes by S.I. 2008/461, art. 2(4)(b)

I256S. 241 in force at 30.4.2009 for specified purposes for E. by S.I. 2009/959, art. 2(c)

I257S. 241 in force at 1.10.2009 for specified purposes for W. by S.I. 2009/2539, art. 2(c)

242Financial provisionsE+W

(1)There shall be paid out of money provided by Parliament—

(a)any expenditure incurred by the Secretary of State under this Act; and

(b)any increase attributable to this Act in sums payable out of money provided by Parliament under another enactment.

(2)The Secretary of State may pay to the Arts Council of England and the Museums, Libraries and Archives Council such sums as he may determine in respect of their expenses under or by virtue of this Act.

243Power to make further amendments and repealsE+W

(1)The Secretary of State may by order—

(a)amend or repeal any enactment passed before or in the same session as this Act;

(b)amend or revoke subordinate legislation made before the passing of this Act.

(2)In subsection (1)—

(a)“enactment” includes an Act of the Scottish Parliament and Northern Ireland legislation;

(b)the reference to subordinate legislation includes an instrument made under such an Act or under Northern Ireland legislation.

(3)An order under subsection (1) may be made only for the purposes of—

(a)supplementing or giving full effect to this Act; or

(b)making provision consequential on the passing of this Act.

Commencement Information

I258S. 243 in force at 21.2.2008 by S.I. 2008/461, art. 2(1)(e)

244ExtentE+W

(1)Subject to subsections (2) to (4), this Act extends to England and Wales only.

(2)Sections 243, 245 and 246 and this section extend also to Scotland and Northern Ireland.

(3)The extent of any amendment, repeal or revocation made by section 60, 202(1), 203, 209 or 239 or by Schedule 1, 2, 7, 8, 9, 12, 13, 16 or 17 or Part 1, 8, 9, 14, 17, 18 or 19 of Schedule 18 is the same as that of the provision amended, repealed or revoked.

F289(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

245CommencementE+W

(1)This section and sections 74(2), 240, 242, 244 and 246, and Part 3 of Schedule 4, come into force on the day on which this Act is passed.

(2)The following provisions come into force at the end of two months beginning with the day on which this Act is passed—

  • Part 2;

  • Part 3 (to the extent that it does not come into force in accordance with subsection (1));

  • Chapter 1 of Part 5 (except section 116), Part 5 of Schedule 18 and section 241 so far as relating to that Part of that Schedule;

  • sections 141, 142 and 143, the entry in Part 8 of Schedule 18 relating to section 29(3) of the Local Government Act 1999 (c. 27), and section 241 so far as relating to that entry;

  • sections 212 to 215, 216(3) to (5), 217 and 218;

  • section 235 and Schedule 17.

(3)The following provisions come into force in relation to Wales on such day as the Welsh Ministers may by order appoint—

  • section 126;

  • the entry in Part 6 of Schedule 18 relating to the Police and Justice Act 2006 (c. 48);

  • section 241 so far as relating to that entry.

(4)The following provisions, except so far as they relate to a police authority for a police area in Wales, come into force in relation to Wales on such day as the Welsh Ministers may by order appoint—

  • sections 137, 140 and 210;

  • the entries in Part 8 of Schedule 18 relating to sections 5, 6 and 28 of the Local Government Act 1999 and section 21 of the Local Government Act 2000 (c. 22);

  • section 241 so far as relating to those entries.

(5)Subject to subsections (1) to (4), this Act comes into force on such day as the Secretary of State may by order appoint.

(6)An order under this section—

(a)may appoint different days for different purposes;

(b)may include transitional, saving or transitory provision.

246Short titleE+W

This Act may be cited as the Local Government and Public Involvement in Health Act 2007.

Yn ôl i’r brig

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