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

(The document as of February, 2008)

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(a) the inspection authorities,

(b) section 139A inspectors, and

where it is appropriate to do so for the efficient and effective discharge of any of its relevant functions.

Joint action

7 The Commission may act jointly with--

(a) an inspection authority, and

(b) a section 139A inspector,

where it is appropriate to do so for the efficient and effective discharge of any of its relevant functions.

Delegation of functions

8 (1) The Commission may delegate any of its relevant functions (to such extent as it may determine) to--

(a) an inspection authority;

(b) any other public authority specified by an order made by the Secretary of State.

(2) If the carrying out of an Audit Commission inspection, or any study referred to in the definition of "national studies functions" in paragraph 3, is delegated under sub-paragraph (1) it is nevertheless to be regarded for the purposes of any enactment as carried out by the Commission.

Advice or assistance for other public authorities

9 (1) The Commission may, if it thinks it appropriate to do so, provide advice or assistance to another public authority for the purpose of the exercise by that authority of its functions.

(2) Advice or assistance under this paragraph may be provided on such terms, including terms as to payment, as the Commission thinks fit.

(3) In sub-paragraph (1), the reference to another public authority includes a public authority outside the United Kingdom.

Inspections carried out under arrangements

10 (1) The Commission may make arrangements with an inspection authority to carry out, on behalf of that authority, inspections in England of any institution or matter which the Commission is not required or authorised to carry out by virtue of any other enactment.

(2) Inspections under this paragraph may be carried out on such terms, including terms as to payment, as the Commission thinks fit. "

Section 182

SCHEDULE 12 The Commission for Local Administration in England: minor and consequential amendments

Part 1 Amendments of Part 3 of Local Government Act 1974

1 Part 3 of the Local Government Act 1974 (c. 7) (Commission for Local Administration in England) is amended in accordance with this Part of this Schedule.

2 In section 23(12) (three-yearly reviews by the Commission), for "complaints" substitute "matters".

3 (1) Section 26 (matters subject to investigation) is amended as follows.

(2) In subsection (5)--

(a) for "a complaint" substitute "a matter";

(b) in paragraph (a)--

(i) for "the complaint has" substitute "the matter has";

(ii) for "the person aggrieved" substitute "the person affected";

(iii) for "the complaint relates" substitute "it relates";

(iv) for "to investigate, and reply to, the complaint" substitute "to investigate the matter and to respond";

(i) for "the complaint to be" substitute "the matter to be";

(ii) for "to investigate, and reply to, the complaint" substitute "to investigate the matter and to respond".

(3) In subsection (6), for "person aggrieved" (in each place) substitute "person affected".

(4) In subsection (6A), for "any action taken in connection with the discharge by an authority" substitute "any action taken by or on behalf of an authority in the exercise".

(5) In subsection (7), in paragraphs (aa), (a) (in both places) and (ba), for "complaint" substitute "matter".

(6) Omit subsection (10) (Local Commissioners' discretion to investigate matters etc).

(7) In subsection (11)--

(a) in paragraph (a), for "person aggrieved" substitute "person affected";

(b) omit paragraph (b).

(8) Omit subsections (12) and (13) (restrictions on investigating matters arising before specified dates).

4 (1) Section 28 (payments to complainants and persons assisting with investigations) is amended as follows.

(2) In subsection (1)--

(a) for "conduct an investigation pursuant to a complaint" substitute "investigate a matter under this Part of this Act";

(b) after "who is alleged in the complaint" insert "(if any), or who otherwise appears to the Local Commissioner,";

(d) for "any allegations contained in the complaint" substitute "the matter".

(3) In subsection (2), for "such investigation" substitute "investigation under this Part of this Act".

(4) In subsection (3)--

(a) after "the complaint" insert "(if any)";

(b) omit the words following paragraph (b).

(5) In subsection (4)--

(a) after "the authority concerned" insert "or any other person";

(b) for "that authority" substitute "the authority concerned or any other person".

5 (1) Section 29 (further provisions about investigations) is amended as follows.

(2) In subsection (6), omit "with the approval of the Minister for the Civil Service".

(3) In subsection (8), for "or any officer of the Commission assisting in the performance" substitute "or any person discharging or assisting in the discharge".

6 (1) Section 31A (consideration of adverse reports) is amended as follows.

(2) For subsections (1) to (2A) substitute--

" (1A) Where a further report of a Local Commissioner under section 31(2A) is considered by a person other than the appropriate listed authority and it is proposed that--

(a) no action should be taken on the report, or

(b) the action recommended in the report should not be taken,

consideration of the report shall be referred to that authority.

(1B) For the purposes of subsection (1A)--

(a) "listed authority" means an authority mentioned in section 25(1) or specified in an order under subsection 25(2) (but does not include a person mentioned in section 25(4) to (5)), and

(b) a listed authority is the appropriate listed authority in relation to a further report if the report relates to the authority (or to any person with which the authority is connected for the purposes of this Part of this Act by virtue of section 25(4) to (5)).

(1C) Subsection (1A) has effect subject to subsection (3). "

(3) In subsection (3)--

(a) for "subsections (1) and (2)" substitute "subsection (1A)";

(b) in paragraph (a), for "the said section 101, or" substitute "section 101 of the Local Government Act 1972,";

" (b) a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966, or

and the report is considered by that committee or panel. "

(4) In subsection (5), for the words from the beginning to "shall vote" substitute "No individual shall decide or vote".

(5) Omit subsections (5A) and (6).

(6) In subsection (7)--

(a) omit "Where the authority concerned is the Greater London Authority,";

(b) for "the Authority" substitute "the Greater London Authority";

(c) for "the authority concerned (other than references to a member of the authority concerned)" substitute "an authority".

7 (1) Section 32 (law of defamation and disclosure of information) is amended as follows.

(2) In subsection (1)(a), for "any officer of the Commission" substitute "any person discharging or assisting in the discharge of a function of a Local Commissioner".

(3) In subsection (1)(b)--

(a) for "any officer of the Commission" substitute "any person discharging or assisting in the discharge of a function of a Local Commissioner";

(b) after "a complainant" insert ", or with the person affected in relation to a matter,".

(4) In subsection (1)(ba), for "any officer of the Commission," substitute "any person discharging or assisting in the discharge of a function of a Local Commissioner".

(5) In subsection (1)(d), for "section 24" substitute "section 23A".

(6) After subsection (1)(e) insert--

" (f) the publication of any matter by inclusion in a report, statement or summary published or supplied under section 31B. "

(7) In subsection (2)--

(a) for "any officer of the Commission" substitute "any person discharging or assisting in the discharge of a function of a Local Commissioner";

(b) in paragraph (a), for "report to be made under section 30 or 31" insert "report, statement or summary under section 30, 31 or 31B";

(c) in paragraph (b), for "an officer of the Commission" substitute "a person discharging or assisting in the discharge of a function of Local Commissioner";

(d) in the words following paragraph (c), for "the officers of the Commission" substitute "persons discharging or assisting in the discharge of a function of a Local Commissioner".

(8) In subsection (3)--

(a) for "any of the authorities mentioned in section 25(1) above" substitute "any of the authorities to which this Part of this Act applies";

(b) for "any member of the staff of the Commission who is allocated to assist him" substitute "any person discharging or assisting in the discharge of a function of a Local Commissioner".

(9) After subsection (3A) (inserted by section 178) insert--

" (3B) Section 25(4), (4A) and (5) do not apply for the purpose of subsection (3). "

8 (1) Section 33 (consultation with other Commissioners etc) is amended as follows.

(2) In subsection (1)--

(a) for "the complaint relates partly to" substitute "the matters which are the subject of the investigation include";

(b) for "about the complaint and" substitute "about the matter and, where a complaint was made about the matter, he shall".

(3) In subsection (2)--

(a) for "a complaint under this Part of this Act" substitute "a matter under investigation under this Part of this Act";

(b) for "any matter relating to the complaint" substitute "anything relating to the matter";

9 (1) Section 33ZA (collaborative working between Local Commissioners and other Commissioners) is amended as follows.

(2) In subsection (1), for "the complaint relates partly to" substitute "the matters which are the subject of the investigation include".

(3) In subsection (2)--

(a) for "the person aggrieved" substitute "the person affected";

(b) for "any person acting on his behalf in accordance with subsection (2) of section 27 of this Act" substitute "the complainant (if any)".

(4) In subsection (4), omit "of a complaint".

10 In section 34(1) (interpretation of Part)--

(a) in the definition of "member", omit paragraphs (b) and (c);

(b) for the definition of "person aggrieved" substitute--

" "person affected"--

(a) in relation to a matter which is the subject of a complaint made or to be made under this Part of this Act, means the member of the public who claims or is alleged to have sustained injustice in consequence of the matter, and

(b) in relation to a matter coming to the attention of a Local Commissioner to which section 26D applies, means the member of the public who the Local Commissioner considers has, or may have, sustained injustice in consequence of the matter; " .

11 (1) Schedule 4 (the Commission) is amended as follows.

(2) In paragraph 3 (remuneration etc of Commissioners and their officers)--

(a) in sub-paragraph (1) omit ", with the approval of the Minister for the Civil Service,";

(b) in sub-paragraph (2) omit ", with the consent of the Minister for the Civil Service,".

(3) In paragraph 4 (staff and accommodation)--

(a) in sub-paragraph (2), for "complaints" substitute "matters";

(b) omit sub-paragraphs (5) and (6).

12 In Schedule 5 (matters not subject to investigation), in paragraphs 2, 6, 7 and 8, after "taken by" insert "or on behalf of".

Part 2 Other amendments

Parliamentary Commissioner Act 1967 (c. 13)

13 (1) The Parliamentary Commissioner Act 1967 is amended as follows.

(2) In section 3(2A) (administrative provisions) for "any officer or member of staff of the Commission for Local Administration in England" substitute "any person discharging or assisting in the discharge of a function of a Local Commissioner, but only if the person is".

(3) In section 11 (provision for secrecy of information), in subsection (2)(aa) for "a complaint" substitute "a matter".

(4) In section 11ZAA (collaborative working between Parliamentary Commissioner and other Commissioners)--

(a) in subsection (3)--

(i) for "a complaint which is being investigated" substitute "matters which are the subject of an investigation";

(ii) for "relates partly to" substitute "include";

(iii) after "investigation" insert "of that matter";

(b) in subsection (4)--

(i) for "a complaint" substitute "a matter";

(ii) for "the complaint" substitute "a complaint about the matter";

Local Government and Housing Act 1989 (c. 42)

14 (1) The Local Government and Housing Act 1989 is amended as follows.

(2) In section 5 (reports of monitoring officer), in subsection (2)--

(a) after paragraph (a) insert--

" (aa) any such maladministration or failure as is mentioned in Part 3 of the Local Government Act 1974 (Local Commissioners), or " ;

(b) in paragraph (b), omit "Part III of the Local Government Act 1974 (Local Commissioners) or".

(3) In section 5A (reports of monitoring officer_local authorities operating executive arrangements), in subsection (3)(b), for "injustice" substitute "failure".

Health Service Commissioners Act 1993 (c. 46)

15 (1) The Health Service Commissioners Act 1993 is amended as follows.

(2) In section 15 (confidentiality of information), in subsection (1)(aa) for "a complaint" substitute "a matter".

(3) In section 18ZA (collaborative working between the Commissioner and other Commissioners)--

(a) in subsection (3)--

(i) for "a complaint which is being investigated" substitute "matters which are the subject of an investigation";

(ii) for "relates partly to" substitute "include";

(iii) after "investigation" insert "of that matter";

(b) in subsection (4), omit "of a complaint";

(c) in subsection (5), for "the interests of the complainant and of persons other than the complainant" substitute "the interests of the complainant (if any) and of other persons".

(4) In Schedule 1 (the English Commissioner), in paragraph 12A--

(a) after "performed by" insert " --

(a) " ;

(b) for "the Commission for Local Administration in England" substitute--

" (b) any person discharging or assisting in the discharge of a function of a Local Commissioner,

who is " .

Greater London Authority Act 1999 (c. 29)

16 In section 73(6) of the Greater London Authority Act 1999 (monitoring officer), for "injustice" substitute "failure".

Local Government Act 2000 (c. 22)

17 (1) The Local Government Act 2000 is amended as follows.

(2) In section 62 (further provisions about investigations by ethical standards officers), in subsection (7)(b) for "by any members or officers of the Commission for Local Administration in England" substitute "obtained in connection with investigations under Part 3 of that Act (Commission for Local Administration in England)".

(3) In section 67(2) (consultation by Local Commissioners with ethical standards officers)--

(a) for "the complaint relates" substitute "the matters which are the subject of the investigation relate";

(b) after "about the investigation and" insert ", where a complaint was made about the matter, he may".

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

18 In section 114 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about social services), in subsection (5)(a) for "(and to be treated as if it had been duly made under section 26 of that Act)" substitute "(and for the complaint to be treated as satisfying sections 26A and 26B of that Act)".

Section 209

SCHEDULE 13 Consequential amendments relating to joint waste authorities

Part 1 Amendments of Local Government Act 1972

1 The Local Government Act 1972 (c. 70) is amended in accordance with this Part of this Schedule.

2 In section 70 (restriction on promotion of Bills for changing local government areas), in subsections (1) and (3), for "or joint authority" substitute ", joint authority or joint waste authority".

3 In section 80(2) (disqualifications for election and holding office as member of local authority), after "joint authority" insert ", joint waste authority".

4 In section 85(4) (vacation of office by failure to attend meetings), at the end insert "and a joint waste authority".

5 In section 86(2) (declaration by local authority of vacancy in office), at the end insert "and a joint waste authority".

6 In section 92 (proceedings for disqualification), after subsection (7) insert--

" (7A) In this section "local authority" also includes a joint waste authority.

(7B) The reference in subsection (1) above to a local government elector for the area concerned shall--

(a) in relation to a joint waste authority established for an area that includes a local government area, be construed as including a reference to a local government elector for that local government area;

(b) in relation to a joint waste authority established for an area that includes the City of London, be construed as including a reference to a person whose name appears in a ward list published under section 7 of the City of London (Various Powers) Act 1957;

(c) in relation to a joint waste authority established for an area that includes the Inner Temple or the Middle Temple, be construed as including a reference to a person whose 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. "

7 In section 98(1A) (interpretation), after "joint authority," insert "a joint waste authority,".

8 In section 100J (application to new authorities)--

(a) in subsection (1), after paragraph (b) insert--

" (ba) a joint waste authority; " ;

(b) in subsection (2), in the words following paragraph (b), after "(b)," insert "(ba),";

(d) in subsection (4)(a), after "joint authority" insert ", a joint waste authority".

9 In section 101(13) (arrangements for discharge of functions by local authorities), after "police authority," insert "a joint waste authority,".

10 In section 146A(1) (joint authorities etc), after "joint authority," insert "a joint waste authority,".

11 In section 175(3B) (allowances for attending conferences and meetings), after "London Fire and Emergency Planning Authority" insert ", a joint waste authority".

12 In section 176(3) (payment of expenses of official visits), after "joint authority" insert ", a joint waste authority".

13 In section 223(2) (appearance of local authorities in legal proceedings), after "joint authority," insert "a joint waste authority,".

14 In section 224(2) (arrangements by principal councils for custody of documents), after "joint authority" insert "or joint waste authority".

15 In section 225(3) (deposit of documents with proper officer of authority), at the end insert "and a joint waste authority".

16 In section 228 (inspection of documents), after subsection (7A) insert--

" (7B) This section shall apply to the minutes of proceedings and the accounts of a joint waste authority as if that authority were a local authority; and in relation to a joint waste authority the reference to a local government elector for the area of the authority is to be construed in accordance with section 92(7B). "

17 In section 229(8) (photographic copies of documents), after "joint authority" insert ", a joint waste authority".

18 In section 230(2) (reports and returns), at the end insert "and a joint waste authority".

19 In section 231(4) (service of notices on local authorities), after "joint authority" insert ", a joint waste authority".

20 In section 232(1A) (public notices), after "joint authority" insert ", a joint waste authority".

21 In section 233(11) (service of notices by local authorities), after "joint authority" insert ", a joint waste authority".

22 In section 234(4) (authentication of documents), after "joint authority" insert ", a joint waste authority".

23 In section 239(4A) (power to promote or oppose local or personal Bills), at the end insert "and a joint waste authority".

24 In section 270(1) (general provisions as to interpretation), after the definition of "joint authority" insert--

" "joint waste authority" means an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007; " .

Part 2 Other amendments

Landlord and Tenant Act 1954 (c. 56)

25 In section 69(1) of the Landlord and Tenant Act 1954 (interpretation), in the definition of "local authority", after "National Park authority," insert "an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),".

Trustee Investments Act 1961 (c. 62)

26 In section 11(4)(a) of the Trustee Investments Act 1961 (local authority investment schemes), after "1985" insert ", an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)".

Leasehold Reform Act 1967 (c. 88)

27 In section 28(5)(a) of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), after "1985," insert "any authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),".

Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

28 In section 3(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), after "1985," insert "an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),".

Local Authorities (Goods and Services) Act 1970 (c. 39)

29 In section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities), in the definition of "local authority", after "1985" insert ", any authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)".

Employment Agencies Act 1973 (c. 35)

30 In section 13(7) of the Employment Agencies Act 1973 (interpretation), after paragraph (f) insert--

" (fza) the exercise by an authority established for an area in England under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities) of any of its functions; " .

Local Government Act 1974 (c. 7)

31 (1) Part 3 of the Local Government Act 1974 (Commission for Local Administration in England) is amended as follows.

(2) In section 25(1) (authorities subject to investigation), after paragraph (cc) insert--

" (cd) an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities); " .

(3) In section 26C(6) (referral of complaints by authorities) (inserted by section 174 of this Act), after paragraph (c) insert--

" (d) in relation to an authority established by an order under section 207 of the Local Government and Public Involvement in Health Act 2007, a person who may be a member of the authority in accordance with section 208 of that Act. "

Health and Safety at Work etc Act 1974 (c. 37)

32 In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information), after "1985" insert ", an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)".

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

33 In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part 1), in the definition of "local authority"--

(a) in paragraph (a), after "1985" insert ", an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)";

(b) in paragraph (c), after "authorities)," insert "an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),".

Rent (Agriculture) Act 1976 (c. 80)

34 In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord's interest belongs to local authority etc), after paragraph (bb) insert--

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