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

(The document as of February, 2008)

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(2) Expressions used in this Part of this Schedule and in Part 2 of the LGA 2000 have the same meaning in this Part as in that Part.

Part 3 Other transitional provision

13 (1) The Secretary of State may by order make transitional, saving or transitory provision for the purposes of--

(a) supplementing or giving full effect to Part 3 of this Act; or

(b) making provision consequential on the passing of Part 3 of this Act.

(2) An order under sub-paragraph (1) may, in particular, make--

(a) provision as to the dates on which and years in which relevant elections may or must be held;

(b) provision as to the intervals between relevant elections;

(d) provision as to when sections 33A to 33D of the LGA 2000 are to begin to apply in relation to a local authority;

(e) provision as to when section 39(6) and (7) of the LGA 2000 are to begin to apply in relation to a local authority.

(3) An order under sub-paragraph (1) may, in particular, make provision to supplement any provision made in Part 1 or 2 of this Schedule.

(4) An order under sub-paragraph (1) may not make provision of the kind that may be made under section 243.

(5) In this paragraph "relevant election" means--

(a) an election for the return of an elected mayor;

(b) the election by a local authority of the executive leader of a leader and cabinet executive (England).

Section 101

SCHEDULE 5 Parishes: further amendments

1 The Local Government Act 1972 (c. 70) is amended in accordance with paragraphs 2 to 9.

2 (1) Section 9 (parish meetings and councils) is amended as follows.

(2) In subsection (4) for "section 14 of the Local Government and Rating Act 1997" substitute "section 86 of the Local Government and Public Involvement in Health Act 2007".

(3) In subsection (6)--

(a) for "section 16 of the Local Government and Rating Act 1997" substitute "section 86 of the Local Government and Public Involvement in Health Act 2007";

(b) for "section 16 of the Act of 1997" substitute "section 86 of the 2007 Act".

3 (1) Section 10 (power to dissolve parish councils in small parishes) is amended as follows.

(2) In subsection (1) after "district council" in each place insert or "London borough council".

4 (1) Section 11 (orders for grouping parishes etc) is amended as follows.

(2) In subsection (1)--

(a) after "district council" in each place insert "or London borough council";

(b) after "same district" insert "or London borough".

(3) In subsection (3), for paragraph (b) substitute--

" (b) the electoral arrangements that are to apply to the council; " .

(4) After subsection (3) insert--

" (3A) In this section "electoral arrangements", in relation to a council, means all of the following--

(a) the year in which ordinary elections of councillors are to be held;

(b) the number of councillors to be elected to the council by each parish;

(d) the number and boundaries of any such wards;

(e) the number of councillors to be elected for any such ward;

(f) the name of any such ward. "

(5) In subsection (4) after "district council" in each place insert "or London borough council".

(6) In subsection (5) for "section 16 of the Local Government and Rating Act 1997" in each place substitute "section 86 of the Local Government and Public Involvement in Health Act 2007".

5 (1) Section 12 (provision supplementary to sections 9 to 11) is amended as follows.

(2) In subsection (1)--

(a) after "district councils" in the first place insert "or by a London borough council";

(b) after "district councils" in the second place insert "or the London borough council".

6 (1) Section 16 (parish councillors) is amended as follows.

(2) In subsection (1), after "each parish" insert "council".

(3) In subsection (2), at the end insert "and relevant electoral arrangements".

(4) After subsection (2) insert--

" (2A) In their application to the election of parish councillors, this Act and Part 1 of the Representation of the People Act 1983 (c. 2) are subject to the relevant electoral arrangements that apply to the election.

(2B) For the purposes of this section "relevant electoral arrangements" means--

(a) any arrangements about the election of councillors that are made in, or applicable by virtue of, provision made by virtue of section 245(6)(b) of the Local Government and Public Involvement in Health Act 2007 (transitional, saving or transitory provision), and

(b) any electoral arrangements applicable to the council by virtue of an order under section 7 or 10 or an order under section 86 of the Local Government and Public Involvement in Health Act 2007. "

7 (1) Section 137 (power of local authorities to incur expenditure for certain purposes) is amended as follows.

(2) In subsection (9) for "means a parish or community council" substitute " means--

(a) a parish council which is not an eligible parish council for the purposes of Part 1 of the Local Government Act 2000, or

(b) a community council " .

8 (1) Section 245 (status of certain districts, parishes and communities) is amended as follows.

(2) After subsection (7) insert--

" (7A) A resolution under subsection (6) shall cease to have effect if the parish has an alternative style (within the meaning of section 17A) by virtue of any of the following--

(a) an order under section 11;

(b) a resolution under section 12A;

9 (1) Schedule 3 (establishment of new authorities in England) is amended as follows.

(2) In paragraph 10(1), (2) and (3) (parish councillors) for "Part II of the Local Government and Rating Act 1997" substitute "Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007".

10 (1) The Local Government and Rating Act 1997 (c. 29) is amended as follows.

(2) Omit Part 2.

Section 129

SCHEDULE 6 Byelaws: further amendments

Public Health Acts Amendment Act 1907 (c. 53)

1 In subsection (4) of section 82 of the Public Health Acts Amendment Act 1907 (byelaws relating to the seashore), omit from "Provided" to the end of the subsection.

Public Health Act 1936 (c. 49)

2 In section 231(1) of the Public Health Act 1936 (byelaws with respect to public bathing)--

(a) in paragraph (b), omit "bathing-machines may be stationed, or",

(b) in paragraph (c), omit "bathing-machines,",

Public Health (Control of Disease) Act 1984 (c. 22)

3 Omit subsections (2) and (3) of section 56 of the Public Health (Control of Disease) Act 1984 (byelaws for preventing disease by the occupants or users of tents, vans, etc).

Police Reform Act 2002 (c. 30)

4 (1) In paragraph 1(3)(a) of Schedule 4 to the Police Reform Act 2002 (definition of "relevant fixed penalty offence") for "sub-paragraph 1(2)(a) to (d)" substitute "sub-paragraph (2)(a) to (e)".

(2) In paragraph 1(3)(a) of Schedule 5 to that Act (definition of "relevant fixed penalty offence") for "sub-paragraph (2)(a) to (c)" substitute "sub-paragraph (2)(a) to (d)".

Section 136

SCHEDULE 7 Amendments consequential on removing parish councils etc from best value duties

Local Government, Planning and Land Act 1980 (c. 65)

1 In section 2(1) of the Local Government, Planning and Land Act 1980 (duty of authorities to publish information) after paragraph (b) insert--

" (ba) a parish council;

(bb) a parish meeting of a parish which does not have a separate parish council;

(bc) a community council; " .

Local Government Act 1999 (c. 27)

2 (1) The Local Government Act 1999 is amended as follows.

(2) Before section 19 insert--

" Exclusion of non-commercial considerations " .

(3) In section 19 (exclusion of non-commercial considerations for the purposes of section 17 of the Local Government Act 1988)--

(a) in subsection (1)(a) and (b), for "best value authorities" substitute "relevant authorities";

(b) in subsections (1)(c) and (4), for "best value authority" substitute "relevant authority";

" (5) In this section, "relevant authority" means--

(a) a best value authority,

(b) a parish council, or

(4) After section 19 insert--

" Publication of information " .

(5) In section 26(2)(a) (guidance), omit "best value".

Local Government Act 2003 (c. 26)

3 (1) The Local Government Act 2003 is amended as follows.

(2) Omit sections 34 and 35 (best value grants to parishes and communities).

(3) In section 93 (power to charge for discretionary services)--

(a) in subsections (1), (5) and (6), for "best value authority" substitute "relevant authority";

(b) after subsection (8) insert--

" (9) In this section, "relevant authority" means--

(a) a best value authority;

(b) a parish council;

(d) a community council. "

(4) In section 94 (power to disapply section 93(1))--

(a) in subsections (1)(a) and (b)(iii) for "best value authority" substitute "relevant authority";

(b) in subsections (1)(a) and (b)(i) and (ii) for "best value authorities" substitute "relevant authorities";

" (3) In this section, "relevant authority" has the meaning given in section 93. "

(5) In section 95 (power to trade in function-related activities through a company)--

(a) in subsections (1)(a) and (3)(a) (in both places) for "best value authorities" substitute "relevant authorities";

(b) in subsections (2), (3)(a) and (5) and in the definition of "ordinary functions" in subsection (7), for "best value authority" substitute "relevant authority";

(d) in that subsection, at the end insert--

" "police authority" means--

(a) a police authority established under section 3 of the Police Act 1996;

(b) the Common Council of the City of London in its capacity as a police authority; or

"relevant authority" means--

(a) a best value authority, other than a police authority or the London Development Agency;

(b) a parish council;

(d) a community council. "

(6) In section 96 (regulation of trading powers)--

(a) in subsections (1), (2) and (3)(c) for "best value authority" substitute "relevant authority";

(b) in subsection (3)(a) and (b) for "best value authorities" substitute "relevant authorities";

" (4) In this section, "relevant authority" has the meaning given in section 95. "

(7) In section 97 (power to modify enactments in connection with charging or trading)--

(a) in subsections (1) and (4)(a) and (b) for "best value authorities" substitute "relevant authorities";

(b) in subsections (2), (4)(c), (6) and (11) (in the definition of "discretionary service" and "ordinary functions") for "best value authority" substitute "relevant authority";

" "relevant authority" means--

(a) a best value authority;

(b) a parish council;

(d) a community council. "

(8) In section 98 (procedure for orders under section 97)--

(a) in subsection (1)(a) for "best value authorities" substitute "relevant authorities";

(b) after subsection (7) insert--

" (8) In this section, "relevant authority" has the meaning given in section 97. "

(9) In section 101 (staff transfer matters: general)--

(a) in subsections (1) and (3) for "a best value authority (in Scotland, a relevant authority)" substitute "a relevant authority";

(b) in subsection (6)(a)(i) for "all best value authorities (or, as the case may be, relevant authorities)" substitute "all relevant authorities";

" (7A) In this section, in relation to England and Wales, "relevant authority" means--

(a) a best value authority;

(b) a parish council;

(d) a community council. "

(d) in subsection (8)--

(i) after "In this section" insert ", in relation to Scotland";

(ii) in the definition of "appropriate person" omit ", in relation to Scotland,".

(10) In section 102 (staff transfer matters: pensions) after subsection (7) insert--

" (7A) In this section, in relation to England, "local authority" means--

(a) a county council in England, a district council, a London borough council, a parish council or a parish meeting of a parish which does not have a separate parish council;

(b) the Council of the Isles of Scilly;

(d) the Greater London Authority so far as it exercises its functions through the Mayor.

(7B) In this section, in relation to Wales, "local authority" means a county council, county borough council or community council in Wales. "

(11) In section 102(8) (definitions)--

(a) after "in this section" insert ", in relation to Scotland";

(b) in the definition of "appropriate person", omit "in relation to Scotland,";

(i) omit paragraph (a);

(ii) in paragraph (b), omit "in relation to Scotland,";

(d) after the definition of "local authority" insert--

" (9) In this section, " .

Section 144

SCHEDULE 8 Best value: minor and consequential amendments

Part 1 Part 1 of Local Government Act 1999

1 Part 1 of the Local Government Act 1999 (c. 27) (best value authorities) is amended in accordance with this Part of this Schedule.

2 (1) Section 1 (best value authorities) is amended as follows.

(2) In subsection (1)--

(a) for paragraph (a) substitute--

" (a) an English local authority; " ;

(b) in paragraph (b), at the end insert "for a National Park in England";

(d) for paragraph (g) substitute--

" (g) an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities); " ;

(e) after paragraph (j) insert--

" (k) a Welsh best value authority. "

(3) In subsection (2) (definition of local authority in relation to England)--

(a) for the words preceding paragraph (a) substitute "In this section, "English local authority" means--";

(b) in paragraph (a), after "a county council" insert "in England".

(4) Omit subsection (3) (definition of local authority in relation to Wales).

(5) In subsection (4) (definition of police authorities), for "In this section" substitute "In this Part".

(6) Omit subsection (5) (definition of waste disposal authorities).

(7) Omit subsection (8) (exclusion of police authorities from certain provisions).

3 (1) Section 2 (power to extend or disapply) is amended as follows.

(2) In the title, at the end insert ": Secretary of State".

(3) In subsection (2)--

(a) in paragraph (b), at the end insert "in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in England";

(b) in paragraph (c), at the end insert "and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in England".

(4) Omit subsection (3) (power to apply section 7 with modifications).

(5) In subsection (5), for the words from "to a duty" to the end substitute "to the duty in section 3."

(6) After subsection (5) insert--

" (5A) Subsection (5) does not apply in relation to a Welsh best value authority. "

4 (1) Section 2A (power of National Assembly for Wales to extend or disapply best value duties) is amended as follows.

(2) In the title, for "best value authorities in Wales" substitute "Welsh Ministers".

(3) In subsections (1) and (4), for "National Assembly for Wales" substitute "Welsh Ministers";

(4) In subsections (1), (3) and (4) for "best value authority in Wales" substitute "Welsh best value authority".

(5) In subsection (2)--

(a) in paragraph (a), at the end insert "in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in Wales";

(b) in paragraph (b), at the end insert "and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in Wales".

5 For the heading immediately preceding section 3 substitute "Duties: general".

6 (1) Section 4 (performance indicators and standards) is amended as follows.

(2) In subsections (1), (3) and (4) for "Secretary of State" substitute "Welsh Ministers".

(3) In subsection (3)--

(a) in paragraph (a), for "him" substitute "them";

(b) in paragraph (b) for "he thinks" substitute "they think".

(4) In subsection (4)(b)--

(a) for "him" substitute "them";

(b) for "relevant audit authority" substitute "Auditor General for Wales".

(5) Omit subsection (6) (definition of relevant audit authority).

7 In section 6 (best value performance plans), in subsections (2), (3)(b) and (4) for "Secretary of State" substitute "Welsh Ministers".

8 In the heading immediately before section 7, at the end insert ": Welsh best value authorities".

9 (1) Section 7 (audit of best value performance plans) is amended as follows.

(2) In subsection (1), for "best value authority" substitute "Welsh best value authority".

(3) Omit subsection (3) (auditors appointed by the Audit Commission).

(4) In subsection (3A), omit "If an authority's auditor is appointed by the Auditor General for Wales,".

(5) In subsection (4)--

(a) omit paragraph (e);

(b) in paragraph (ea), omit "if the auditor is appointed by the Auditor General for Wales,";

(6) In subsection (5)--

(a) omit paragraph (b);

(b) in paragraph (ba), omit "if the auditor is appointed by the Auditor General for Wales,";

(7) In subsection (6)(b) for "Secretary of State" substitute "Welsh Ministers".

(8) In subsection (7), omit ", (3)".

(9) In subsection (8)--

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