The Local Government and Public Involvement in Health Act 2007 (Commencement No.9) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order commences provisions of the Local Government and Public Involvement in Health Act 2007 (c.28) (“the Act”) which concern byelaws in relation to local government and the duty to involve users in relation to health services.

Article 2 provides that 27th January 2010 is the appointed day for the coming into force of sections 129 to 135 of the Act. Those sections extend to England and Wales but have application only in England and (amongst other things) enable regulations to—

• make provision about the procedure for the making, coming into force and revocation of such byelaws

• prescribe classes of byelaws for which a fixed penalty notice may be given

• provide that an authorised officer proposing to give a person a fixed penalty notice may require the person to give him his name and address

• require a local authority in receipt of fixed penalty receipts to have regard to the desirability of using the receipts to combat certain nuisances

• require a local authority which makes byelaws of a prescribed class to have regard to any guidance issued by the Secretary of State.

Article 3 provides that 22nd February 2010 is the appointed day for the coming into force of section 233(5) of the Act in so far as it is not already in force. Section 233(5), which extends to England and Wales but has application in England only, places a duty on the Secretary of State to make regulations requiring Strategic Health Authorities to further involve users of health services in matters prescribed in those regulations.