Statutory Instruments
2008 No. 3110 (C. 134)
Local Government, England And Wales
The Local Government and Public Involvement in Health Act 2007 (Commencement No. 8) Order 2008
Made
3rd December 2008
The Secretary of State, in exercise of the powers conferred by sections 245(5) and (6) of the Local Government and Public Involvement in Health Act 2007(1), makes the following Order:
Citation and interpretation
1.—(1) This Order may be cited as the Local Government and Public Involvement in Health Act 2007 (Commencement No. 8) Order 2008.
(2) In this Order “the Act” means the Local Government and Public Involvement in Health Act 2007.
Provisions coming into force on 12th December 2008
2. The following provisions of the Act shall come into force on 12th December 2008—
(a)section 119 (reference of matter by councillor to overview and scrutiny committee), for the purpose only of conferring power on the Secretary of State to make an order specifying what is an excluded matter for the purposes of section 21A of the Local Government Act 2000(2);
(b)section 125 (guidance);
(c)section 192 (ethical standards officers: reports etc), in so far as it is not already in force;
(d)section 197 (interim case tribunals);
(e)section 198 (case tribunals: England), in so far as it is not already in force;
(f)section 199 (case tribunals: Wales);
(g)section 219 (establishment of the tribunal), in so far as it relates to the provisions specified in paragraph (j) below;
(h)section 236 (exercise of functions by local councillors in England), in so far as it confers power for the Secretary of State to make an order under subsection (4);
(i)section 237 (exercise of functions under section 236: records); and
(j)in Schedule 15 (the Valuation Tribunal for England), so much of paragraphs 1 and 2 as relate to paragraph A3 of Schedule 11 to the Local Government Finance Act 1988(3) .
Provisions coming into force on 31st December 2008
3. The following provisions of the Act shall come into force on 31st December 2008—
(a)section 77 (extension of power to certain parish councils), in so far as it is not already in force;
(b)section 78 (community strategies); and
(c)Schedule 5 (parishes: further amendments), in so far as it is not already in force.
Provisions coming into force on 1st April 2009
4. The following provisions of the Act shall come into force on 1st April 2009—
(a)section 119 (reference of matter by councillor to overview and scrutiny committee), in so far as it is not already in force;
(b)section 120 (power of overview and scrutiny committee to question members of authority);
(c)section 121 (power to require information from partner authorities);
(d)section 122 (overview and scrutiny committees: reports and recommendations);
(e)section 123 (joint overview and scrutiny committees: local improvement targets);
(f)section 124 (overview and scrutiny committees of district councils: local improvement targets);
(g)section 127 (overview and scrutiny committees: consequential amendments);
(h)section 128 (transitional provision); and
(i)section 236 (exercise of functions by local councillors in England), in so far as it is not already in force.
Provisions coming into force on 1st August 2009
5. The following provisions of the Act shall come into force on 1st August 2009—
(a)section 145 (Audit Commission: membership); and
(b)section 158 (reports categorising English local authorities).
Provisions coming into force on 1st October 2009
6. The following provisions of the Act shall come into force on 1st October 2009—
(a)section 219 (establishment of the tribunal), in so far as it is not already in force;
(b)section 220 (consequential and transitional provision etc), in so far as it is not already in force;
(c)in Schedule 15 (the Valuation Tribunal for England)—
(i)paragraphs 1 and 2, in so far as they are not already in force; and
(ii)paragraphs 3 to 19; and
(d)in Schedule 16 (consequential amendments relating to the creation of the Valuation Tribunal for England)—
(i)paragraphs 2 to 9;
(ii)paragraphs 10 and 11, in so far as they are not already in force;
(iii)paragraph 12; and
(iv)paragraphs 13 to 16, in so far as they are not already in force.
Signed by authority of the Secretary of State
John Healey
Minister of State
Department for Communities and Local Government
3rd December 2008
EXPLANATORY NOTE
(This note is not part of the Order)
This Order commences further provisions of the Local Government and Public Involvement in Health Act 2007 (c.28) (“the 2007 Act”).
Article 2 brings into force on 12th December 2008 two provisions in Chapter 2 of Part 5 (overview and scrutiny committees) and two provisions in Part 16 of the 2007 Act which confer powers on the Secretary of State to make subordinate legislation necessary to enable other provisions of those Parts to be commenced on 1st April 2009 (see note to article 4 below).
It also brings into force those provisions in Part 10 relating to case tribunals and interim case tribunals in England to coincide with the coming into force of the Case Tribunals (England) Regulations 2008 (SI 2008/2938). The effect of the provisions is to expand the range of sanctions available to case tribunals in England and to make consequential amendments concerning the provisions governing case tribunals in Wales.
It also brings into force provisions in Schedule 15 to the 2007 Act which insert a new paragraph A3 into Part 1 of Schedule 11 to the Local Government Finance Act 1988 (c. 41). Paragraph A3 enables the Secretary of State to make regulations providing for any matter falling within the jurisdiction of the Valuation Tribunal for England to be referred to arbitration, subject to the written agreement of the persons concerned.
Article 3 brings into force on 31st December 2008 those parts of sections 77 and 78 of, and Schedule 5 to, the 2007 Act, that have not already been commenced. Those sections extend to England and Wales only but have application only to parish councils in England. They are concerned with the extension to eligible parish councils of the power to promote well-being under section 2(1) of the Local Government Act 2000 (c. 22) (“the 2000 Act”).
Article 4 brings into force on 1st April 2009 provisions in Chapter 2 of Part 5 which make changes to Part 2 of the 2000 Act, relating to overview and scrutiny committees, and the remainder of section 236 which enables delegation of functions to individual councillors.
Section 119 inserts section 21A into the 2000 Act which enables councillors to refer relevant matters to those committees.
Section 120 enables overview and scrutiny committees to question councillors who have had functions delegated to them under section 236 of the 2000 Act.
Section 121 inserts section 22A into the 2000 Act to enable regulations to be made requiring partner authorities (which are defined in Chapter 1 of Part 5) and associated authorities to provide overview and scrutiny committees with certain information.
Section 122 inserts section 21B into the 2000 Act, requiring a local authority or its executive to respond to reports or recommendations of its overview and scrutiny committees and section 21D which deals with the exclusion of confidential and exempt information from reports, recommendations and responses.
Section 122 also inserts section 21C which provides that overview and scrutiny committees of certain councils can require partner authorities to have regard to their reports or recommendations.
Section 124 inserts section 21E which enables regulations to be made making similar provision for overview and scrutiny committees of district councils in areas where there is also a county council.
Section 123 enables regulations to be made to provide for the establishment of joint overview and scrutiny committees
Section 127 and Section 128 deal with consequential amendments and transitional arrangements.
Section 236 enables councils to delegate functions to individual councillors in relation to their ward or electoral area.
Article 5 brings into force on 1st August 2009 those provisions of Part 8 (local services: inspection and audit) that have not already been commenced. Section 145 amends section 1(2) of the Audit Commission Act 1998 (c. 18) to reduce the number of members of the Audit Commission. Section 158 amends section 99 of the Local Government Act 2003 (c. 26) which relates to the categorisation of English local authorities by reference to performance.
Article 6 brings into force on 1st October 2009 those provisions of Part 13 (the Valuation Tribunal for England) and Schedules 15 and 16 that have not already been commenced.
The broad effect of the full commencement of Part 13 is to transfer to the Valuation Tribunal for England the jurisdiction of those valuation tribunals established in relation to England by regulations under Schedule 11 to the Local Government Finance Act 1988 (c. 41) that are in existence immediately before 1st October 2009. The two main areas of jurisdiction of valuation tribunals that are likely to be in existence at that date are council tax and non-domestic rates. The existing arrangements are retained, with amendments, as regards Wales.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement orders made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Part 1 | 01.11.2007 | 2007/3136 |
| Section 75 | 13.02.2008 | 2008/337 |
| Sections 76 and 77 (partially) | 01.04.2008 | 2008/917 |
| Sections 79 to 102 | 13.02.2008 | 2008/337 |
| Section 116 | 01.04.2008 | 2008/461 |
| Section 136 | 01.04.2008 | 2008/917 |
| Section 137 (partially) | 01.04.2008 | 2008/917 |
| Section 139 | 01.04.2008 | 2008/917 |
| Section 140 (partially) | 01.04.2008 | 2008/917 |
| Section 144 | 01.04.2008 | 2008/917 |
| Sections 146 and 147 | 01.04.2008 | 2008/172 |
| Section 148 | 31.03.2008 | 2008/172 |
| Section 149 | 31.01.2008 | 2008/172 |
| Section 150 | 01.04.2008 | 2008/172 |
| Section 151 | 31.01.2008 | 2008/172 |
| Section 152 | 01.04.2008 | 2008/172 |
| Sections 153 to 155 | 31.01.2008 | 2008/172 |
| Sections 156 and 157 | 01.04.2008 | 2008/172 |
| Sections 159 to 163 | 01.04.2008 | 2008/172 |
| Section 164 | 31.01.2008 | 2008/172 |
| Section 165 | 01.04.2008 | 2008/172 |
| Sections 166 and 167 | 31.01.2008 | 2008/172 |
| Sections 168 to 179 | 01.04.2008 | 2008/917 |
| Sections 181 and 182 | 01.04.2008 | 2008/917 |
| Section 183 (partially) | 31.01.2008 | 2008/172 |
| Section 184 | 31.01.2008 | 2008/172 |
| Section 185 (partially) | 31.01.2008 | 2008/172 |
| Section 185 (remainder) | 08.05.2008 | 2008/1265 |
| Section 186 | 08.05.2008 | 2008/1265 |
| Section 187 | 01.04.2008 | 2008/172 |
| Sections 188 to 190 | 31.01.2008 | 2008/172 |
Section 191 (partially) (remainder) | 31.01.2008 01.04.2008 | |
| Section 192 (partially) | 31.01.2008 | 2008/172 |
| Sections 193 to 195 | 31.01.2008 | 2008/172 |
| Section 196 | 01.04.2008 | 2008/172 |
| Section 198(partially) | 31.01.2008 | 2008/172 |
| Sections 200 and 201 | 01.04.2008 | 2008/172 |
Section 202 (partially) (remainder) | 31.01.2008 01.04.2008 | |
| Section 203 | 01.04.2008 | 2008/172 |
| Section 204 | 31.01.2008 | 2008/172 |
| Sections 205 to 209 | 01.04.2008 | 2008/917 |
| Section 211 | 01.04.2008 | 2008/917 |
| Sections 219 and 220 (partially) | 01.04.2008 | 2008/917 |
| Sections 221 and 222 | 01.04.2008 | 2008/461 |
| Sections 223 and 224 | 21.02.2008 | 2008/461 |
| Section 225 | 31.01.2008 | 2008/172 |
Section 226 (partially) (remainder) | 21.02.2008 01.04.2008 | |
Section 227 (partially) (remainder) | 10.03.2008 01.04.2008 | |
Section 228 (partially) (remainder) | 21.02.2008 01.04.2008 | |
| Section 229 | 31.01.2008 | 2008/172 |
| Sections 230 and 231 | 01.04.2008 | 2008/461 |
| Section 232 (partially) | 01.04.2008 | 2008/461 |
| Section 232 (remainder) | 30.06.2008 | 2008/461 |
| Section 233 (partially) | 26.09.2008 | 2008/2434 |
| Section 233 (remainder) | 03.11.2008 | 2008/2434 |
| Section 234 | 03.11.2008 | 2008/2434 |
| Section 238 | 31.01.2008 | 2008/172 |
| Section 239 | 01.04.2008 | 2008/917 |
| Section 241(partially) | 01.11.2007 31.01.2008 13.02.2008 01.04.2008 01.04.2008 01.04.2008 30.06.2008 | |
| Section 243 | 21.02.2008 | 2008/461 |
| Schedule 1 | 01.11.2007 | 2007/3136 |
| Schedule 5 (partially) | 13.02.2008 | 2008/337 |
| Schedules 7 and 8 | 01.04.2008 | 2008/917 |
| Schedule 9 | 01.04.2008 | 2008/172 |
| Schedule 10 | 31.03.2008 | 2008/172 |
| Schedule 11 | 31.01.2008 | 2008/172 |
| Schedules 12 and 13 | 01.04.2008 | 2008/917 |
| Schedules 15 and 16 (partially) | 01.04.2008 | 2008/917 |
| Schedule 18 (partially) | 01.11.2007 13.02.2008 01.04.2008 01.04.2008 30.06.2008 |
The following provisions of the Act will be brought into force by commencement orders made before the date of this Order:
2000 c. 22. Section 21A is inserted by section 119 of the Local Government and Public Involvement in Health Act 2007.
1988 c. 41. Part 1 of Schedule 11 to the Local Government Finance Act 1988 is inserted by paragraph 2 of Schedule 15 to the Local Government and Public Involvement in Health Act 2007.