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

(The document as of February, 2008)

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(8) In section 73 of that Act (matters referred to monitoring officers in Wales), in each of subsections (1) and (7), for "70(4) or 71(2)" substitute "70(4) or (5) or 71(2) or (4)".

(9) In section 82A(1) of that Act (delegation of functions by monitoring officers), for the words from "60(2)" to "71(2)" substitute "57A, 60(2) or (3), 64(2) or (4), 70(4) or (5) or 71(2) or (4)".

195 References to Adjudication Panel for action in respect of misconduct

After section 66 of the Local Government Act 2000 (c. 22) insert--

" 66A References to Adjudication Panel for action in respect of misconduct

(1) The provision which may be made by regulations under section 66 by virtue of subsection (2)(d) of that section also includes provision for or in connection with--

(a) enabling a standards committee, where it considers that the action it could take against a person is insufficient, to refer the case to the president of the Adjudication Panel for England for a decision by members of that Panel on the action that should be taken against the person,

(b) the appointment of members of that Panel to deal with such a reference,

(c) enabling those members ("the panel") to decide what action, of a kind authorised by the regulations, should be taken against the person and enabling them to take that action,

(d) the composition, practice and procedure of the panel (including provision corresponding to or applying, with or without modifications, any provision of section 76(6) to (12) and (15)),

(e) conferring a right of appeal on a person in respect of action taken against him by the panel.

(2) The kinds of action that may be authorised by virtue of subsection (1)(c) include any kinds of action that may be authorised in relation to a tribunal by regulations under section 78A(4) to (6). "

196 Consultation with ombudsmen

(1) Before section 67 of the Local Government Act 2000, insert the following cross-heading--

" Consultation with ombudsmen " .

(2) In section 67 of that Act (consultation with ombudsmen), in each of subsections (2) and (2A)--

(a) after "section 59 of this Act" insert "or regulations under section 66 of this Act";

(b) after "Standards Board for England" insert "or the standards committee of the relevant authority concerned";

197 Interim case tribunals

(1) Section 78 of the Local Government Act 2000 (c. 22) (decisions of interim case tribunals) is amended as follows.

(2) In subsection (1)(b) for "authority concerned" substitute "relevant authority concerned".

(3) For subsections (2) and (3) substitute--

" (2) If the decision of the interim case tribunal is as mentioned in subsection (1)(a), the tribunal must give notice of its decision to the standards committee of the relevant authority concerned.

(3) If the decision of the interim case tribunal is as mentioned in subsection (1)(b), the tribunal must give notice to the standards committee of the relevant authority concerned stating that the person concerned is suspended or partially suspended for the period, and in the way, that the tribunal has decided.

(3A) The effect of a notice given under subsection (3) is to suspend or partially suspend the person concerned as mentioned in subsection (3). "

(4) In subsection (6) for "under section 79 is given" substitute "is given by virtue of section 78A or 79".

(5) For subsection (8) substitute--

" (8) Where the person concerned is no longer a member or co-opted member of the relevant authority concerned, but is a member or co-opted member of another relevant authority--

(a) the references in subsection (1) to the relevant authority concerned are to be treated as references to that other authority,

(b) the references in subsections (2) and (7)(b) to the relevant authority concerned are to be treated as including a reference to that other relevant authority,

(c) the duty under subsection (3) to give notice to the standards committee of the relevant authority concerned is to be treated as a duty--

(i) to give that notice to the standards committee of that other relevant authority, and

(ii) to give a copy of that notice to the standards committee of the relevant authority concerned.

(8A) Subsection (8) does not apply unless--

(a) where the relevant authority concerned is in England, the other relevant authority is also in England,

(b) where the relevant authority concerned is in Wales, the other relevant authority is also in Wales. "

(6) After subsection (10) insert--

" (11) An appeal may not be brought under subsection (10) except with the leave of the High Court. "

198 Case tribunals: England

After section 78 of the Local Government Act 2000 (c. 22) insert--

" 78A Decisions of case tribunals: England

(1) In this section "English case tribunal" means a case tribunal drawn from the Adjudication Panel for England.

(2) An English case tribunal which adjudicates on any matter must decide whether or not any person to which that matter relates has failed to comply with the code of conduct of the relevant authority concerned.

(3) Where an English case tribunal decides that a person has not failed to comply with the code of conduct of the relevant authority concerned, it must give notice to that effect to the standards committee of the relevant authority concerned.

(4) Where an English case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned, it may--

(a) take in respect of him any action authorised by regulations made by the Secretary of State for the purposes of this subsection, or

(b) decide to take no action against him.

(5) Regulations made under subsection (4) may in particular--

(a) enable the tribunal to censure the person,

(b) enable it to suspend, or partially suspend, the person from being a member or co-opted member of the relevant authority concerned for a limited period,

(c) enable it to disqualify the person, for a period not exceeding five years, for being or becoming (whether by election or otherwise) a member of that or any other relevant authority.

(6) The reference in subsection (5)(b) to the relevant authority concerned is to be read, in relation to a person who is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England, as a reference to that other relevant authority.

(7) Regulations made by the Secretary of State may require an English case tribunal to give a notice to the standards committee of the relevant authority concerned where it decides that a person has failed to comply with the code of conduct of that authority and--

(a) decides to suspend or partially suspend the person,

(b) decides to disqualify the person,

(d) decides to take no action against him.

(8) Regulations under subsection (7) may--

(a) prescribe the content of any notice,

(b) provide for the effect that any notice is to have,

(c) provide for provisions of the regulations to have effect with prescribed modifications where the person concerned is no longer a member or co-opted member of the relevant authority concerned, but is a member or co-opted member of another relevant authority in England.

78B English case tribunal decisions: supplementary

(1) A copy of any notice given under section 78A(3) or under regulations made under section 78A(7)--

(a) must be given to the Standards Board for England,

(b) must be given to any person who is the subject of the decision to which the notice relates, and

(2) Where the person concerned is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England, the following references to the relevant authority concerned are to be treated as including references to that other relevant authority--

(a) the second reference in section 78A(3);

(b) the reference in subsection (1)(c) above.

(3) Where an English case tribunal adjudicates on any matter, it must take reasonable steps to give notice of its decision to any person who made any allegation which gave rise to the adjudication.

(4) Where an English case tribunal decides under section 78A that a person has failed to comply with the code of conduct of the relevant authority concerned, that person may appeal to the High Court against that decision, or any other decision made by the tribunal by virtue of section 78A which relates to him.

(5) An appeal may not be brought under subsection (4) except with the leave of the High Court. "

199 Case tribunals: Wales

(1) Section 79 of the Local Government Act 2000 (c. 22) (decisions of case tribunals) is amended as follows.

(2) For the sidenote substitute "Decisions of case tribunals: Wales".

(3) Before subsection (1) insert--

" (A1) In this section "Welsh case tribunal" means a case tribunal drawn from the Adjudication Panel for Wales. "

(4) In subsections (1) to (15) for "case tribunal", in each place where it occurs, substitute "Welsh case tribunal".

(5) In subsection (8)(c) for "must be suspended or partially suspended by the relevant authority concerned" substitute "is suspended or partially suspended".

(6) For subsection (9) substitute--

" (9) The effect of a notice given to the standards committee of a relevant authority under subsection (8) is to suspend or partially suspend the person concerned as mentioned in subsection (8)(c). "

(7) In subsection (12), for paragraph (a) substitute--

" (a) must be given to the Public Services Ombudsman for Wales, " .

(8) In subsection (13)--

(a) for "the same country (that is to say, England or Wales)" substitute "Wales";

(b) for paragraph (b) substitute--

" (b) the reference in subsection (4)(a) to the relevant authority concerned is to be treated as a reference to that other relevant authority, " .

(9) After subsection (15) insert--

" (16) An appeal may not be brought under subsection (15) except with the leave of the High Court. "

200 Exemption from Data Protection Act 1998

In section 31 of the Data Protection Act 1998 (c. 29) (exemptions for regulatory activity), after subsection (6) insert--

" (7) Personal data processed for the purpose of discharging any function which is conferred by or under Part 3 of the Local Government Act 2000 on--

(a) the monitoring officer of a relevant authority,

(b) an ethical standards officer, or

are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.

(8) In subsection (7)--

(a) "relevant authority" has the meaning given by section 49(6) of the Local Government Act 2000, and

(b) any reference to the monitoring officer of a relevant authority, or to an ethical standards officer, has the same meaning as in Part 3 of that Act. "

201 Supplementary and consequential provision

(1) Subsection (2) applies in relation to any provision of Part 3 of the Local Government Act 2000 (c. 22) which is applied (with or without modifications) by an order under section 70 of that Act made before the passing of this Act.

(2) Any amendment of that provision by this Part does not extend to the provision as so applied.

(3) Where a provision mentioned in section 70(2)(a) of that Act is amended by this Part, the power in section 70(2) of that Act to apply or reproduce that provision (with or without modifications) is a power to apply or reproduce (with or without modifications) that provision either as amended by this Part or without the amendments made by this Part.

(4) In the Local Government Act 1972 (c. 70)--

(a) in section 85(3A) (vacation of office by failure to attend), for "73, 78" substitute "66A, 73, 78, 78A";

(b) in section 86(1)(b) (declaration of vacancy in office), before "79" insert "66A, 78A or";

(5) In section 49(1) of the Audit Commission Act 1998 (c. 18) (restriction on disclosure of information), after paragraph (de) insert--

" (df) for the purposes of the functions of a monitoring officer under that Part or regulations made under that Part; " .

(6) In the Greater London Authority Act 1999 (c. 29), in each of sections 6(5) and 13(2) (failure to attend meetings), for "73, 78" substitute "66A, 73, 78, 78A".

Chapter 2 Employees

202 Politically restricted posts: grant and supervision of exemptions

(1) In section 3 of the Local Government and Housing Act 1989 (c. 42) (grant and supervision of exemptions from political restriction of posts)--

(a) at the end of the sidenote, insert ": Scotland and Wales";

(b) in subsection (1) for the words "It shall be the duty of the Secretary of State to appoint a person" substitute "It shall be the duty of the Scottish Ministers to appoint in relation to Scotland, and the duty of the Welsh Ministers to appoint in relation to Wales, a person";

(d) in subsection (8)(b), for "that subsection" substitute "subsection (1)".

(2) After that section insert--

" 3A Grant and supervision of exemptions from political restriction: England

(1) The standards committee of a local authority in England which is a relevant authority--

(a) must consider any application for exemption from political restriction which is made to the committee, in respect of any post under the relevant authority, by the holder for the time being of that post; and

(b) may, on the application of any person or otherwise, give directions to the relevant authority requiring it to include a post in the list maintained by the authority under section 2(2).

(2) An application may not be made under subsection (1)(a) unless--

(a) the relevant authority have specified or are proposing to specify the post in the list maintained by them under section 2(2); and

(b) in the case of a post within section 2(2)(a) or (b), the relevant authority have certified whether or not, in their opinion, the duties of the post fall within section 2(3);

and the relevant authority must give a certificate for the purposes of paragraph (b) above in relation to any post if requested to do so by the holder of that post.

(3) If, on an application under subsection (1)(a) in respect of any post, the standards committee is satisfied that the duties of the post do not fall within section 2(3), the committee must direct--

(a) that, for so long as the direction has effect in accordance with its terms, the post is not to be regarded as a politically restricted post; and

(b) that accordingly the post is not to be specified in the list maintained by the relevant authority under section 2(2) or (as the case may be) is to be removed from that list.

(4) A standards committee may not give a direction under subsection (1)(b) in respect of any post unless the committee is satisfied that--

(a) the duties of the post fall within section 2(3); and

(b) the post is neither--

(i) in any list maintained by the relevant authority in accordance with section 2(2) above or section 100G(2) of the Local Government Act 1972; nor

(ii) of a description specified in any regulations under section 2(2) above.

(5) A standards committee must when determining for the purposes of subsection (3) or (4) whether or not the duties of a post fall within section 2(3) have regard to any general advice given by the Secretary of State under section 3B.

(6) Every local authority in England which is a relevant authority must--

(a) give its standards committee all such information as the committee may reasonably require for the purpose of carrying out its functions under this section;

(b) comply with any direction under this section with respect to the list maintained by the authority; and

(c) on being given a direction under subsection (1)(b), notify the terms of the direction to the person who holds the post to which the direction relates.

(7) In carrying out its functions under this section a standards committee must give priority, according to the time available before the election, to any application under subsection (1)(a) from a person who certifies that the application is made for the purpose of enabling him to be a candidate in a forthcoming election.

(8) The Secretary of State may make regulations requiring a local authority in England which is not a relevant authority to establish a committee to exercise the functions conferred by this section on the standards committee of a local authority in England which is a relevant authority.

(9) Regulations under subsection (8) may include provision--

(a) applying any provisions of this section (with or without modification) where a committee has been established under the regulations;

(b) applying (with or without modification) any provision of section 53 of the Local Government Act 2000 or regulations made under subsection (6) of that section.

(10) In this section--

"standards committee" means a committee established under section 53(1) of the Local Government Act 2000;
"relevant authority" has the meaning given by section 49(6) of that Act.

3B General advice as to politically restricted posts: England

(1) The Secretary of State may in relation to England give such general advice with respect to the determination of questions arising by virtue of section 2(3) as he considers appropriate.

(2) Before giving general advice under this section the Secretary of State must consult such representatives of local government and such organisations appearing to him to represent employees in local government as he considers appropriate. "

203 Politically restricted posts: consequential amendments

(1) In section 2 of the Local Government and Housing Act 1989 (c. 42) (politically restricted posts)--

(a) in subsections (1)(g) and (2) after "section 3" insert "or 3A";

(b) in subsection (5) after "local authority" insert "in Scotland and Wales";

" (5A) It shall be the duty of every local authority in England in performing their duties under this section to have regard to such general advice as may be given by virtue of section 3B below by the Secretary of State. "

(2) In Schedule 7 to the Environment Act 1995 (c. 25) (national park authorities), in paragraph 7(4) for "3" substitute "3A".

(3) In the Greater London Authority Act 1999 (c. 29) --

(a) in section 61(2)(a) (power to require attendance at Assembly meetings) for "to 3" substitute ", 2 and 3A";

(b) in section 68(1)(b) (disqualification and political restriction) for "and 3" substitute "and 3A";

204 Political assistants' pay

In section 9 of the Local Government and Housing Act 1989, after subsection (4) insert--

" (4A) An order made under subsection (4)(a) above in relation to England or Wales may, instead of specifying an amount, specify a point on a relevant scale specified by the order.

(4B) A "relevant scale" is a scale consisting of points and of amounts corresponding to those points.

(4C) In relation to any time while an order made by virtue of subsection (4A) above is in force, the amount that at that time corresponds to the point specified by the order is to be treated for the purposes of subsection (4)(a) above as specified by the order. "

Part 11 Joint Waste Authorities

205 Proposals for joint waste authorities in England

(1) A proposal under this section is a proposal to the Secretary of State that an authority be established for a specified area in England to discharge in that area the waste functions specified in the proposal.

(2) A proposal under this section may be made by (and only by) all the local authorities that are local waste authorities in relation to the area specified in the proposal.

(3) A local authority is a "local waste authority" in relation to the specified area if--

(a) its area forms the whole or part of the specified area; and

(b) it currently has one or more of the specified waste functions.

(4) A proposal under this section may not be made if there is a local authority for the whole of the specified area which currently has all of the specified waste functions.

(5) The Secretary of State may by regulations make provision as to--

(a) matters to be included in a proposal under this section;

(b) information that must accompany a proposal.

(6) Regulations under subsection (5)(a) may in particular provide that a proposal under this section must include proposals--

(a) as to the number of members of the proposed authority (as to membership, see section 208);

(b) as to the number of members to be appointed by each local authority making the proposal;

(d) for the costs of the proposed authority to be met by the local authorities making the proposal, and as to the basis on which the amount payable by each of the local authorities is to be determined.

(7) In making a proposal under this section the local authorities must have regard to any guidance from the Secretary of State as to--

(a) what a proposal should seek to achieve;

(b) matters that should be taken into account in formulating a proposal.

(8) In this section--

"specified" means specified in the proposal;
"waste function" means a function conferred on a local authority by or under--
(a)
Part 2 of the Environmental Protection Act 1990 (c. 43) (waste on land);
(b)
Part 4 of that Act (litter etc);
(c)
section 32 of the Waste and Emissions Trading Act 2003 (c. 33) (joint municipal waste management strategies: England).

(9) In this Part "local authority" means--

(a) a county council;

(b) a district council;

(d) the Common Council of the City of London;

(e) the sub-treasurer of the Inner Temple;

(f) the under treasurer of the Middle Temple;

(g) an authority established under section 10 of the Local Government Act 1985 (c. 51) (joint arrangements for waste disposal functions); or

(h) a joint waste authority established under section 207.

206 Consultation

(1) A proposal may not be made by any local authorities under section 205 unless--

(a) the local authorities prepared a draft of the proposal; and

(b) each local authority took reasonable steps to consult the following about the draft--

(i) the relevant electors;

(ii) any interested person in the authority's area.

(2) A person is a "relevant elector"--

(a) in relation to a county council, district council or London borough council, if he is a local government elector for the council's area;

(b) in relation to the Common Council of the City of London, if his name appears in a ward list published under section 7 of the City of London (Various Powers) Act 1957 (5 & 6 Eliz 2 c x);

(c) in relation to the sub-treasurer of the Inner Temple or the under treasurer of the Middle Temple, if his name appears in the ward list published with respect to the ward of Farrington Without in the City under section 7 of the City of London (Various Powers) Act 1957;

(d) in relation to an authority established under section 10 of the Local Government Act 1985 (joint arrangements for waste disposal functions), if he is a relevant elector in relation to any local authority whose area forms part of the area for which the authority was established;

(e) in relation to a joint waste authority established under section 207, if he is a relevant elector in relation to any local authority whose area forms the whole or part of the area for which the joint waste authority was established.

(3) In this section, "local government elector" means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts.

207 Implementation of proposals by order

(1) Where the Secretary of State receives a proposal under section 205 he may by order implement the proposal with or without modifications.

(2) An authority established by an order under subsection (1) is referred to in this Part as a "joint waste authority".

(3) An order under subsection (1) may make provision enabling the Secretary of State to require the authority established by the order to submit to him a scheme for--

(a) the winding-up of the authority; and

(b) the transfer of its functions, property, staff, rights and liabilities to appropriate local authorities.

(4) The Secretary of State may by order provide for giving effect (with or without modification) to any scheme submitted to him under a provision made by virtue of subsection (3) and for the dissolution of the authority.

(5) The Secretary of State may exercise his powers under subsection (4) only where--

(a) he receives a request to do so from all the appropriate local authorities; or

(b) he considers that it is necessary to do so.

(6) The Secretary of State may by order exclude any functions from those for which a joint waste authority was established.

(7) An order under this section may include incidental, consequential, transitional or supplementary provision.

(8) The provision that may be made by virtue of subsection (7) includes in particular provision--

(a) for the transfer of property, rights or liabilities;

(b) for legal proceedings commenced by or against any authority to be continued by or against an authority to whom property, rights or liabilities are transferred;

(d) for treating any authority to whom a transfer is made for any purposes as the same person in law as the authority from whom the transfer is made.

(9) The provision that may be made by virtue of subsection (7) includes provision amending, modifying, excluding or applying (with or without modifications) any enactment or any instrument made under any enactment.

(10) The power of the Secretary of State under subsection (1) to implement a proposal with modifications does not include power to--

(a) establish a joint waste authority for an area that is different from the area specified in the proposal; or

(b) establish a joint waste authority to discharge waste functions that are not specified in the proposal.

(11) In this section--

"appropriate local authority", in relation to a joint waste authority, means a local authority which would, but for the establishment of the joint waste authority, have one or more of the functions that the joint waste authority has;
"waste function" has the same meaning as in section 205.

208 Membership of joint waste authorities

A person may be a member of a joint waste authority only if he is--

(a) a member of a local authority which would, but for the establishment of the joint waste authority, have one or more of the functions that the joint waste authority has;

(b) the sub-treasurer of the Inner Temple or the under treasurer of the Middle Temple in a case where the sub-treasurer or the under treasurer would, but for the establishment of the joint waste authority, have one or more of the functions that the joint waste authority has.

209 Consequential amendments

(1) In section 24 of the Waste and Emissions Trading Act 2003 (c. 33) (waste sent to landfills: definitions)--

(a) in subsection (5), for the words "In this Chapter" substitute "Subject to subsection (6), in this Chapter";

(b) after subsection (5) insert--

" (6) For the purposes of this Chapter, a joint waste authority for an area in England that has the function of disposing of biodegradable municipal waste is the waste disposal authority for that area.

(7) In subsection (6) a "joint waste authority" means an authority established by an order under section 207 of the Local Government and Public Involvement in Health Act 2007. "

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