Local Government and Public Involvement in Health Act 2007

214 Further provision about orders E+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

I1 S. 214 in force at 30.12.2007, see s. 245(2)