The Local Government and Public Involvement in Health Act 2007 (Commencement No. 8) Order 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.