|
|
|
|
|
|
|
Navigation
News
|
 |
Local Government and Public Involvement in Health Act 2007 (c. 28)(The document as of February, 2008) Page 18 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 (3) In any other case it is for the local authority to make the arrangements. (4) No arrangements may be made under this section for the discharge by a member of a local authority of any function-- (a) which is, or to the extent that it is, specified in an order made by the Secretary of State; or (b) in any manner or in circumstances so specified. (5) Any arrangements made under this section with respect to the discharge of any function are not to prevent its discharge-- (a) by the person who made the arrangements; or (b) in any other way in which the function is permitted to be discharged by or under any enactment. (6) In this section, "local authority" means-- (a) the council of a county in England; (b) a district council; or (c) a London borough council. (7) In this section--
and any reference to a function which is the responsibility of the executive of a local authority is to be construed in accordance with section 13(8) of that Act (functions which are the responsibility of an executive). (8) Any reference in this section to the discharge of any function includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of that function. (9) In section 13(9)(b) of the Local Government Act 2000, after "Part" insert "or section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England)". 237 Exercise of functions under section 236: records(1) After section 100E of the Local Government Act 1972 (c. 70) insert-- " 100EA Inspection of records relating to functions exercisable by members(1) The Secretary of State may by regulations make provision for written records of decisions made or action taken by a member of a local authority, in exercise of a function of the authority by virtue of arrangements made under section 236 of the Local Government and Public Involvement in Health Act 2007, to be made and provided to the authority by the member. (2) Any written record provided to the authority under regulations under subsection (1) shall be open to inspection by members of the public at the offices of the authority for the period of six years beginning with the date on which the decision was made or action was taken. (3) A statutory instrument containing regulations under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament. " (2) In section 100H of that Act (supplemental provisions and offences), in subsection (4), for "or 100C(1)" substitute ", 100C(1) or 100EA(2)". (3) In section 41 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (evidence of resolutions and minutes of proceedings etc)-- (a) in subsection (2A)(a), after "that authority," insert "or a member of that executive"; (b) in subsection (2A)(b), after "as the case may be," insert "by the member of that executive or"; (c) after subsection (2A) insert-- " (2B) Subsection (2C) applies to a record if-- (a) it records a decision made or action taken by a member of a local authority or of a precursor of a local authority in exercise of a function of the authority or precursor by virtue of arrangements made under section 236 of the Local Government and Public Involvement in Health Act 2007, and (b) it is required to be made by regulations under section 100EA of the Local Government Act 1972. (2C) If a document which purports to be a copy of a record to which this subsection applies bears a certificate-- (a) purporting to be signed by-- (i) the proper officer of the local authority, or (ii) a person authorised in that behalf by that officer or by the local authority, and (b) stating that the decision was made or the action was taken by the member of the local authority on the date specified in the certificate, the document shall be evidence in any proceedings of the matters stated in the certificate and of the terms of the decision, or nature of the action, in question. " Accounting238 Amendments relating to capital finance and accounting practices(1) In section 74(6) of the Housing Act 1988 (c. 50) (transfer of land and other property to housing action trusts)-- (a) in subsection (a), for the words from "expenditure" to "local authorities)" substitute "capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)"; (b) in subsection (b), for the words from "that Part" to the end substitute "section 9(1) of that Act as sums received by the authority in respect of the disposal by it of an interest in a capital asset." (2) In section 21 of the Local Government Act 2003 (c. 26) (accounting practices), after subsection (1) insert-- " (1A) The Secretary of State may issue guidance about the accounting practices to be followed by a local authority, in particular with respect to the charging of expenditure to a revenue account. (1B) A local authority must have regard to any guidance issued to it under subsection (1A). " (3) In section 24 of that Act (application to Wales) for "National Assembly for Wales" substitute "Welsh Ministers". Contracting out239 Contracting out(1) In section 70 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of local authorities)-- (a) in subsection (1)(b), for the words from "or section 38" to "local authorities)" substitute "or an enactment mentioned in subsection (1ZA) below"; (b) after subsection (1) insert-- " (1ZA) The enactments referred to in subsection (1)(b) above are-- (a) paragraph 7 of Schedule 2 to the Regional Development Agencies Act 1998 (delegation of functions by London Development Agency etc); (b) section 38 or 380 of the Greater London Authority Act 1999 (delegation of functions exercisable by the Mayor of London); (c) paragraph 7 of Schedule 10 to that Act (delegation by Transport for London). (1ZB) In its application in relation to a local authority which is a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, subsection (1) above has effect as if paragraph (b) were omitted. " (2) In section 79(1) of that Act (interpretation of Part 2), in the definition of "local authority"-- (a) in paragraph (a), for the words from "means" to the end substitute "has the meaning given by section 79A;"; (b) in paragraph (b), for the words from "means" to the end substitute "has the meaning given by section 79B;". (3) After section 79 of that Act insert-- " 79A "Local authority": EnglandIn this Part, "local authority" in relation to England means-- (a) a county council; (b) a district council; (c) a London borough council; (d) the Greater London Authority acting through the Mayor of London; (e) the Common Council of the City of London; (f) the sub-treasurer of the Inner Temple; (g) the under treasurer of the Middle Temple; (h) the Council of the Isles of Scilly; (i) a parish council; (j) a National Park authority; (k) a functional body within the meaning of the Greater London Authority Act 1999; (l) an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities); (m) a joint authority established by Part 4 of that Act (fire and rescue services and transport); (n) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; (o) a police authority established under section 3 of the Police Act 1996; (p) an authority established by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities); (q) any body specified for the purposes of this paragraph by regulations under section 79C. 79B "Local authority": WalesIn this Part, "local authority" in relation to Wales means-- (a) a county council; (b) a county borough council; (c) a community council; (d) a National Park authority; (e) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990; (f) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; (g) a police authority established under section 3 of the Police Act 1996; (h) any body specified for the purposes of this paragraph by regulations under section 79C. 79C Regulations for the purposes of section 79A and 79B(1) The Secretary of State may by regulations made by statutory instrument specify for the purposes of section 79A(q) or 79B(h) any body which is (or any class of bodies each of which is)– (a) a levying body, within the meaning of section 74 of the Local Government Finance Act 1988; (b) a body to which section 75 of that Act applies (bodies with power to issue special levies); (c) a body to which section 118 of that Act applies (other bodies with levying powers); (d) a local precepting authority as defined in section 69 of the Local Government Finance Act 1992. (2) Regulations under subsection (1)-- (a) may provide for this Part to have effect, in relation to a body specified under that subsection, subject to exceptions or modifications; (b) may contain transitional provisions and savings. (3) Any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament. " (4) In Schedule 8 to the Environment Act 1995 (c. 25), omit paragraph 13 (application of contracting out to National Park authorities). (5) In section 18 of the Local Government Act 1999 (c. 27) (best value authorities: contracting out)-- (a) in subsection (1) after "any" insert "relevant"; (b) after subsection (2) insert-- " (3) In this section "relevant best value authority" means a best value authority which is not a local authority for the purposes of section 70 of the Deregulation and Contracting Out Act 1994. " Part 17 Final provisions240 Orders, regulations and guidance(1) Any order or regulations made by the Secretary of State under this Act must be made by statutory instrument. (2) Any order made by the Electoral Commission under this Act must be made by statutory instrument. (3) Any order made by the Welsh Ministers under section 210, 212, 218 or 245 must be made by statutory instrument. (4) A statutory instrument containing an order made by the Welsh Ministers under section 210 or 218, other than an instrument to which subsection (5) applies, is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (5) A statutory instrument containing--
may not be made unless a draft of the order has been laid before and approved by a resolution of the National Assembly for Wales. (6) A statutory instrument containing--
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (7) Any other statutory instrument under this Act, except one containing only-- (a) an order made by the Electoral Commission, or (b) an order under section 245, is subject to annulment in pursuance of a resolution of either House of Parliament. (8) In relation to an order under section 243-- (a) the reference in subsection (6) above to an enactment includes an Act of the Scottish Parliament or Northern Ireland legislation; and (b) the reference in that subsection to subordinate legislation of which a draft was required to be laid before and approved by a resolution of each House of Parliament includes an instrument of which a draft was required to be laid before and approved by a resolution of the Scottish Parliament. (9) If, but for this subsection, an instrument containing an order under section 7 or 10 would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not a hybrid instrument. (10) Any order or regulations made under this Act may make different provision for different cases. (11) Any guidance issued under this Act may make different provision for different cases. 241 RepealsThe provisions specified in Schedule 18 (which include spent provisions) are repealed or revoked to the extent specified there. 242 Financial provisions(1) There shall be paid out of money provided by Parliament-- (a) any expenditure incurred by the Secretary of State under this Act; and (b) any increase attributable to this Act in sums payable out of money provided by Parliament under another enactment. (2) The Secretary of State may pay to the Arts Council of England and the Museums, Libraries and Archives Council such sums as he may determine in respect of their expenses under or by virtue of this Act. 243 Power to make further amendments and repeals(1) The Secretary of State may by order-- (a) amend or repeal any enactment passed before or in the same session as this Act; (b) amend or revoke subordinate legislation made before the passing of this Act. (2) In subsection (1)-- (a) "enactment" includes an Act of the Scottish Parliament and Northern Ireland legislation; (b) the reference to subordinate legislation includes an instrument made under such an Act or under Northern Ireland legislation. (3) An order under subsection (1) may be made only for the purposes of-- (a) supplementing or giving full effect to this Act; or (b) making provision consequential on the passing of this Act. 244 Extent(1) Subject to subsections (2) to (4), this Act extends to England and Wales only. (2) Sections 243, 245 and 246 and this section extend also to Scotland and Northern Ireland. (3) The extent of any amendment, repeal or revocation made by section 60, 202(1), 203, 209 or 239 or by Schedule 1, 2, 7, 8, 9, 12, 13, 16 or 17 or Part 1, 8, 9, 14, 17, 18 or 19 of Schedule 18 is the same as that of the provision amended, repealed or revoked. (4) The repeal made by paragraph 1(2)(b) of Schedule 14 and the entry in Part 16 of Schedule 18 relating to the Prevention of Corruption Act 1916 (c. 64) extends to England and Wales and to Scotland. 245 Commencement(1) This section and sections 74(2), 240, 242, 244 and 246, and Part 3 of Schedule 4, come into force on the day on which this Act is passed. (2) The following provisions come into force at the end of two months beginning with the day on which this Act is passed--
(3) The following provisions come into force in relation to Wales on such day as the Welsh Ministers may by order appoint--
(4) The following provisions, except so far as they relate to a police authority for a police area in Wales, come into force in relation to Wales on such day as the Welsh Ministers may by order appoint--
(5) Subject to subsections (1) to (4), this Act comes into force on such day as the Secretary of State may by order appoint. (6) An order under this section-- (a) may appoint different days for different purposes; (b) may include transitional, saving or transitory provision. 246 Short titleThis Act may be cited as the Local Government and Public Involvement in Health Act 2007. SCHEDULESSection 22 SCHEDULE 1 Structural and boundary change: consequential amendmentsPart 1 Amendments of Local Government Act 19921 The Local Government Act 1992 (c. 19) is amended in accordance with this Part of this Schedule. 2 In section 13 (reviews and recommendations), omit the following-- (a) subsections (1) and (2); (b) subsection (7)(a). 3 In section 14 (changes that may be recommended), omit the following-- (a) in subsection (1)-- (i) paragraphs (a) and (b); (ii) in paragraph (c), the words from "whether" to the end of the paragraph; (iii) the words after paragraph (c); (b) subsections (2), (3), (5), (6) and (7). 4 In section 15 (procedure on a review), omit subsection (7A)(a). 5 Omit section 16. 6 In section 17 (implementation of recommendations by order), omit the following-- (a) subsection (1); (b) subsection (2)(a); (c) in subsection (3)-- (i) the words "Subject to subsection (3A) below,"; (ii) the words "Electoral Commission or of the"; (iii) paragraphs (a), (b), (c), (ea), (g) and (h); (iv) in paragraph (f), the words from the beginning to "district councillors," and the words "and the order of retirement" and "for any parish situated in the district"; (d) subsections (3A) and (3B); (e) in subsection (4), the words "or in an agreement under section 20 below"; (f) subsections (5) and (6). 7 Omit section 18. 8 In section 19 (regulations for supplementing orders), omit subsection (2). 9 Omit sections 20 to 22. 10 In section 26 (orders, regulations and directions), omit the following-- (a) in subsection (1)-- (i) paragraphs (a) and (b); (ii) in paragraph (c), the words "or relates only to parishes"; (b) subsection (2); (c) in subsection (3), the words "orders or" in the first place where they occur; (d) in subsection (4) the words "order or"; (e) subsection (5); (f) in subsection (6)-- (i) the words "the Secretary of State is or" (ii) the words "he or"; (iii) the words "he thinks or". Part 2 Other amendmentsLocal Government Act 1972 (c. 70)11 (1) The Local Government Act 1972 is amended as follows. (2) In section 6(2)(a) (electoral divisions of non-metropolitan county), after "1992" insert "and section 12(4) of the Local Government and Public Involvement in Health Act 2007". (3) In section 12 (supplementary provision about orders to dissolve parish councils etc)-- (a) in subsection (2), for the words from "section 20" to the end substitute " section 16 of the Local Government and Public Involvement in Health Act 2007 (agreements about incidental matters) shall apply as if-- (i) the reference in subsection (1) to an order under section 7 or 10 of that Act were to an order under section 10 or 11 of this Act; and (ii) the reference in subsection (5)(b) to any order or regulations under Chapter 1 of Part 1 of that Act were to an order under section 10 or 11 of this Act. " ; (b) in subsection (3), for "such order" substitute "order under section 10 or 11 above". (4) In Schedule 2 (constitution and membership of London borough councils), in paragraph 7, in each of sub-paragraphs (1)(b) and (2) after "1992" insert "or Part 1 of the Local Government and Public Involvement in Health Act 2007". Race Relations Act 1976 (c. 74)12 In Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty), in Part 1, omit paragraph 33. Rent Act 1977 (c. 42)13 In section 62(1) of the Rent Act 1977 (registration areas), after "1992" insert "or Part 1 of the Local Government and Public Involvement in Health Act 2007 (orders constituting new local government areas etc)". Interpretation Act 1978 (c. 30)14 In Schedule 1 to the Interpretation Act 1978 (words and expressions defined), in the definition of "London borough" for "or Part II of the Local Government Act 1992" substitute ", Part 2 of the Local Government Act 1992 or Part 1 of the Local Government and Public Involvement in Health Act 2007". Coroners Act 1988 (c. 13)15 In section 1 of the Coroners Act 1988 (appointment of coroners)-- (a) in subsection (1)(b), after "1992" insert "or Part 1 of the Local Government and Public Involvement in Health Act 2007"; (b) in subsection (1A)(e) for "or section 17 of the Regional Assemblies (Preparations) Act 2003" substitute ", section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007". Local Government Finance Act 1988 (c. 41)16 (1) The Local Government Finance Act 1988 is amended as follows. (2) In section 74(2A) (levies), for "or section 17 of the Regional Assemblies (Preparations) Act 2003" substitute ", section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007". (3) In section 89 (collection funds)-- (a) in subsection (2), for "subsection (2A)" substitute "subsections (2A) to (2C)"; (b) after subsection (2B) insert-- " (2C) In the case of-- (a) a district council or London borough council established by an order under Part 1 of the Local Government and Public Involvement in Health Act 2007, or (b) a county council to which the functions of district councils in relation to the county council's area are transferred by or in consequence of such an order, the collection fund must be established on a date specified in the order or in regulations made under section 14 of that Act. " (4) In section 91 (general funds)-- (a) in subsection (1)(aa) for "or section 17 of the Regional Assemblies (Preparations) Act 2003" substitute ", section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007"; (b) in subsection (3) for "and (3C)" substitute "to (3D)"; (c) in subsection (3B) omit "(in this section referred to as "the reorganisation date")"; (d) after subsection (3C) insert-- " (3D) In the case of-- (a) a district council or London borough council established by an order under Part 1 of the Local Government and Public Involvement in Health Act 2007, or (b) a county council to which the functions of district councils in relation to the county council's area are transferred by or in consequence of such an order, the general fund must be established on a date specified in the order or in regulations made under section 14 of that Act. " ; (e) in subsection (8) for "county council such as is referred to in subsection (3B)(b) above" substitute "relevant county council"; (f) after subsection (8) insert-- Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 -- Back --
Stat
| |
Other
|