Local Government and Public Involvement in Health Act 2007 (c. 28)

(The document as of February, 2008)

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(1) For the purposes of this section, "group of partner authorities" means--

(a) a county council in England; and

(b) one or more district councils which are partner authorities of it.

(2) The Secretary of State may by regulations make provision under which a group of partner authorities may--

(a) appoint a joint committee (a "joint overview and scrutiny committee"); and

(b) arrange for any functions of making reports and recommendations falling within subsection (3) to be exercisable by the committee.

(3) A report or recommendation falls within this subsection if--

(a) it concerns a matter which--

(i) relates to the attainment of any local improvement target specified for the time being in a relevant local area agreement; and

(ii) is not an excluded matter; and

(b) it is made to--

(i) the county council, or

(ii) the county council and one or more district councils,

in the group of partner authorities.

(4) In subsection (3)--

(a) "excluded matter" means any matter with respect to which a crime and disorder committee could make a report or recommendations--

(i) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (c. 48) (local authority scrutiny crime and disorder matters); or

(ii) by virtue of subsection (3)(a) of that section;

(b) the reference to a report or recommendations being made to a county council or district council is, in the case of a local authority operating executive arrangements under Part 2 of the Local Government Act 2000 (c. 22), to be read as a reference to a report or recommendations being made to the local authority or its executive.

(5) Regulations under subsection (2) may in particular--

(a) provide for arrangements to be made only in circumstances, or subject to conditions or limitations, specified by 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 (c. 22),

(ii) sections 21A to 21D of that Act, or

(iii) section 246 of, and Schedule 17 to, the National Health Service Act 2006 (c. 41),

with or without modifications;

(i) as to relevant information which associated authorities must provide 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); and

(ii) as to information which may not be disclosed by an associated authority 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) For the purposes of subsection (5)(c), in relation to a joint overview and scrutiny committee--

"associated authority" means--
(a)
the county council in the group of partner authorities which appointed the joint overview and scrutiny committee; or
(b)
any person which is a partner authority in relation to that council other than--
(i)
a police authority; or
(ii)
a chief officer of police;
"relevant information", in relation to an associated authority, means information which is relevant to a local improvement target in a relevant local area agreement which relates to the associated authority;

and section 105(2) or (3) applies for the purpose of determining whether a local improvement target relates to an associated authority.

(7) 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 (c. 48) (guidance and regulations regarding crime and disorder matters).

(8) In this section--

(a) "relevant local area agreement", in relation to a joint overview and scrutiny committee, means a local area agreement of the county council in the group of partner authorities which appointed the committee; and

(b) "local area agreement", "local improvement target" and "partner authority" have the same meanings as in Chapter 1 of this Part.

(9) Any group of partner authorities and any joint overview and scrutiny committee must, in exercising or deciding whether to exercise any functions conferred on it by or by virtue of regulations under this section, have regard to any guidance issued by the Secretary of State.

124 Overview and scrutiny committees of district councils: local improvement targets

After section 21D of the Local Government Act 2000 (c. 22) (inserted by section 122) insert--

" 21E Overview and scrutiny committees of certain district councils: functions with respect to partner authorities

(1) This section applies to any district council which is a partner authority in relation to a county council ("the related county council").

(2) The Secretary of State may by regulations make provision under which a district council to which this section applies may confer on their overview and scrutiny committee, or any of their overview and scrutiny committees, power to make reports and recommendations to the related county council, or that council's executive, which relate to any local improvement target which--

(a) relates to a relevant partner authority, and

(b) is specified in a local area agreement of the county council.

(3) Regulations under subsection (2) may make provision applying or reproducing any provision of section 21B, 21C or 21D (with or without modifications).

(4) For the purposes of this section--

(a) "relevant partner authority", in relation to a district council, means--

(i) the related county council, or

(ii) any other authority which are a partner authority in relation to that county council, other than--

(a) a police authority, or

(b) a chief officer of police,

(b) "local area agreement", "local improvement target" and "partner authority" have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, and

(c) section 105(2) or (3) of that Act applies for the purpose of determining whether a local improvement target relates to a relevant partner authority. "

125 Guidance

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. "

126 Reference of local crime and disorder matters to crime and disorder committees etc

(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).

127 Overview and scrutiny committees: consequential amendments

(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. " ;

(i) after "this section" insert ", sections 21A to 21C"; and

(ii) at the end insert "or any functions which may be conferred on it by virtue of regulations under section 21E"; and

(d) omit subsection (8).

(2) For section 32(3) of that Act (alternative arrangements) substitute--

" (3) Regulations under this section may make provision with respect to committees or sub-committees falling within subsection (1)(b), including--

(a) in the case of regulations made by the Secretary of State, provision which applies or reproduces (with or without modifications)--

(i) any provision of sections 21 to 21D or paragraphs 7 and 9 to 11 of Schedule 1,

(ii) any provision made under section 21E or 22A,

(iii) any provision of section 246 of, or Schedule 17 to, the National Health Service Act 2006, or

(iv) any provision made under section 244 of that Act, and

(b) in the case of regulations made by the Welsh Ministers, provision which applies or reproduces (with or without modifications)--

(i) any provision of section 21 or 21A(1)(a) or (b) or (2) or paragraphs 8 to 11 of Schedule 1,

(ii) any provision of Schedule 17 to the National Health Service Act 2006,

(iii) any provision of section 186 of, or Schedule 11 to, the National Health Service (Wales) Act 2006, or

(iv) any provision made under section 184 of that Act. " .

(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)"; and

(b) after that sub-paragraph insert--

" (ia) sections 21A to 21D of that Act,

(ib) section 22A of that Act, " .

(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, " .

128 Transitional provision

(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.

Part 6 Byelaws

129 Alternative procedure for byelaws

(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--

" 236A Alternative 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,

(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".

130 Fixed penalties for breach of byelaws

(1) After section 237 of the Local Government Act 1972 (c. 70) insert--

" 237A Fixed 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,

(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

(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.

237B Amount 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).

237C Power 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--

" 237F Further 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. "

131 Use of fixed penalty receipts

After section 237C of the Local Government Act 1972 (as inserted by section 130) insert--

" 237D Use 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. "

132 Guidance

After section 237D of the Local Government Act 1972 (c. 70) (as inserted by section 131) insert--

" 237E Guidance 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);

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