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

(The document as of February, 2008)

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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--

" (bba) 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 Act 1977 (c. 42)

35 In section 14 of the Rent Act 1977 (landlord's interest belonging to local authority etc), after paragraph (cb) insert--

" (cba) 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, Planning and Land Act 1980 (c. 65)

36 (1) The Local Government, Planning and Land Act 1980 is amended as follows.

(2) In section 2(1) (duty of authorities to publish information), after paragraph (ka) insert--

" (kaa) 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 98(8A) (authorities referred to by subsection (8)(d)), after paragraph (e) (and before the "and" following that paragraph) insert--

" (ea) 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); " .

(4) In section 99(4) (representations by certain bodies), after paragraph (db) insert--

" (dba) 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); " .

(5) In section 100(1)(a) (meaning of "subsidiary), for "or a joint authority established by Part IV of the Local Government Act 1985," substitute ", a joint authority established by Part 4 of the Local Government Act 1985 or 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),".

(6) In Schedule 16 (bodies to whom Part 10 applies), after paragraph 5B insert--

" 5BA 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). "

Acquisition of Land Act 1981 (c. 67)

37 In section 17(4) of the Acquisition of Land Act 1981 (local authority and statutory undertakers' land), in paragraph (a) of the definition of "local authority", for "and a joint authority established by Part IV of the Local Government Act 1985," substitute ", a joint authority established by Part 4 of the Local Government Act 1985 or 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 1982 (c. 30)

38 (1) The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.

(2) In section 33(9) (enforceability by local authorities of certain covenants relating to land)--

(a) in paragraph (a), for "or a joint authority established by Part IV of the Local Government Act 1985" substitute ", a joint authority established by Part 4 of the Local Government Act 1985 or 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 (b), after "joint authority" insert "or joint waste authority".

(3) In section 41(13) (lost and uncollected property), in the definition of "local authority", after paragraph (e) (and before the "and" following that paragraph) insert--

" (ea) 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); " .

Stock Transfer Act 1982 (c. 41)

39 In paragraph 7(2)(a) of Schedule 1 to the Stock Transfer Act 1982 (specified securities), 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)".

County Courts Act 1984 (c. 28)

40 In section 60(3) of the County Courts Act 1984 (right of audience), in the definition of "local authority", 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),".

Housing Act 1985 (c. 68)

41 (1) Section 4 of the Housing Act 1985 (descriptions of authority) is renumbered subsection (1) of that section.

(2) In paragraph (e) of that subsection--

(a) for "and a joint authority established by Part IV of the Local Government Act 1985" substitute ", a joint authority established by Part 4 of the Local Government Act 1985, a joint waste authority";

(b) for "a joint authority established by Part IV of the Local Government Act 1985", in the second place where it occurs, substitute ", a joint authority established by Part 4 of the Local Government Act 1985, a joint waste authority".

(3) After that subsection insert--

" (2) In this section "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. "

Landlord and Tenant Act 1985 (c. 70)

42 In section 38 of the Landlord and Tenant Act 1985 (minor definitions), in the definition of "local authority", 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 Act 1988 (c. 9)

43 In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: the public authorities), after the entry relating to an authority established by an order under section 10(1) of the Local Government Act 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). "

Housing Act 1988 (c. 50)

44 In Schedule 1 to the Housing Act 1988 (tenancies that cannot be assured tenancies), in paragraph 12(1) after paragraph (f) insert--

" (fa) 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); " .

Road Traffic Act 1988 (c. 52)

45 In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance), after "the London Fire and Emergency Planning 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)".

Local Government and Housing Act 1989 (c. 42)

46 The Local Government and Housing Act 1989 is amended as follows.

47 In section 21(1) (interpretation of Part 1), after paragraph (g) insert--

" (ga) 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); " .

48 In section 152(2) (interpretation of sections 150 and 151), after paragraph (i) insert--

" (ia) 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); " .

Environmental Protection Act 1990 (c. 43)

49 In section 52(1A) of the Environmental Protection Act 1990 (payments for recycling and disposal etc of waste), at the end insert "or 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)".

Local Government (Overseas Assistance) Act 1993 (c. 25)

50 In section 1(10) of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance), after paragraph (d) insert--

" (da) 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); " .

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

51 In section 3(2) of the Housing Grants, Construction and Regeneration Act 1996 (ineligible applicants for grants), after paragraph (j) (and before the "or" following that paragraph) insert--

" (ja) 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); " .

Audit Commission Act 1998 (c. 18)

52 In Schedule 2 to the Audit Commission Act 1998 (accounts subject to audit), in paragraph 1, after paragraph (m) insert--

" (ma) 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 Act 1999 (c. 27)

53 In section 1(1) of the Local Government Act 1999 (best value authorities), after paragraph (g) insert--

" (ga) 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); " .

Freedom of Information Act 2000 (c. 36)

54 In Schedule 1 to the Freedom of Information Act 2000 (public authorities), after paragraph 15 insert--

" 15A 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 Act 2003 (c. 26)

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

(2) In section 23(1) (definition of local authority for purposes of Part 1), after paragraph (k) insert--

" (ka) 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 33(1) (power to pay grant: interpretation), after paragraph (j) insert--

" (ja) 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); " .

Section 216

SCHEDULE 14 Consequential amendments relating to entities controlled etc by local authorities

Prevention of Corruption Act 1916 (c. 64)

1 (1) Section 4 of the Prevention of Corruption Act 1916 (interpretation etc) is amended as follows.

(2) In subsection (2)--

(a) after "United Kingdom)" insert "and any entity which is under the control of a local authority or jointly controlled by bodies that include a local authority";

(b) omit the words from "and companies" to "local authorities".

(3) After subsection (3) insert--

" (4) For the purposes of subsection (2)--

"an entity under the control of a local authority", and
"an entity jointly controlled by bodies that include a local authority",

have the meanings given for the purposes of that subsection by order under section 217 of the Local Government and Public Involvement in Health Act 2007. "

Local Government Act 1972 (c. 70)

2 (1) Section 80 of the Local Government Act 1972 (disqualifications for election and holding office as member of local authority) is amended as follows.

(2) In subsection (1), for paragraph (aa) substitute--

" (aa) holds any employment in an entity which is under the control of the local authority; or " .

(3) After subsection (3) insert--

" (3A) In subsection (1)(aa) as it applies in relation to a local authority in England, the reference to an entity under the control of the local authority has the meaning given by order under section 217 of the Local Government and Public Involvement in Health Act 2007.

(3B) In subsection (1)(aa) as it applies in relation to a local authority in Wales, that reference has the meaning given by order under section 218 of that Act. "

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

3 (1) The Local Government, Planning and Land Act 1980 is amended as follows.

(2) In section 98 (disposal of land at direction of Secretary of State)--

(a) in subsection (8)(d)--

(i) for "bodies" substitute "authorities";

(ii) for the words from "a company" to the end substitute "an entity which is under the control of that body, subject to its influence or jointly controlled by it and one or more other bodies";

(b) in subsection (8A) for "bodies" substitute "authorities".

(3) In section 100 (interpretation etc of Part 10)--

(a) in subsection (1)(a), for the words from "a company" to "interests)" substitute "an entity which is under the control of that body, subject to its influence or jointly controlled by it and one or more other bodies";

(b) after subsection (1) insert--

" (1ZA) In relation to a body in England to whom this Part of this Act applies, references in this Part to--

(a) an entity under the control of the body,

(b) an entity subject to the influence of the body, and

have the meanings given by order under section 217 of the Local Government and Public Involvement in Health Act 2007.

(1ZB) In relation to a body in Wales to whom this Part of this Act applies, those references have the meanings given by order under section 218 of that Act. "

Environment Act 1995 (c. 25)

4 (1) Paragraph 7 of Schedule 7 to the Environment Act 1995 (National Park authorities) is amended as follows.

(2) In sub-paragraph (2) for the words from "a company" to the end substitute "an entity which is under the control of that authority".

(3) After sub-paragraph (4) insert--

" (4A) In sub-paragraph (2) as it applies in relation to a National Park authority in England, the reference to an entity under the control of the authority has the meaning given by order under section 217 of the Local Government and Public Involvement in Health Act 2007.

(4B) In sub-paragraph (2) as it applies in relation to a National Park authority in Wales, that reference has the meaning given by order under section 218 of that Act. "

Local Government Act 2003 (c. 26)

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

(2) In section 18 (local authority companies etc)--

(a) in subsection (2), at the end of paragraph (a) insert "and", and for paragraphs (b) and (c) substitute--

" (b) an entity which is, or the trustees of a trust which is--

(i) under the control of a local authority or Passenger Transport Executive,

(ii) subject to the influence of such an authority or Executive, or

(iii) jointly controlled by bodies that include such an authority or Executive. "

(b) after subsection (2) insert--

" (2A) The references in subsection (2)(b) to--

(a) "an entity under the control of" and "a trust under the control of" a local authority or Passenger Transport Executive,

(b) "an entity subject to the influence of" and "a trust subject to the influence of" such an authority or Executive, and

(c) "an entity jointly controlled by bodies that include" and "a trust jointly controlled by bodies that include" such an authority or Executive,

have the meanings given by order under section 217 of the Local Government and Public Involvement in Health Act 2007. "

(3) The provision in section 24 of that Act (Wales) is renumbered subsection (1) of that section, and after that provision there is inserted--

" (2) In its application to Wales, section 18 has effect as if--

(a) any reference to a Passenger Transport Executive were omitted, and

(b) for the reference in subsection (2A) to section 217 of the Local Government and Public Involvement in Health Act 2007 there were substituted a reference to section 218 of that Act. "

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

(a) in subsection (4) omit the words from "within" to the end;

(b) for subsections (5) and (6) substitute--

" (5) An order under section 212 of the Local Government and Public Involvement in Health Act 2007 (regulation of entities controlled etc by local authorities) may include provision applying any of the provisions of that order, with or without modifications--

(a) to a company through which a relevant authority which is not a local authority for the purposes of that section exercises or proposes to exercise powers conferred by order under this section; or

(b) to such a relevant authority, or members or officers of such a relevant authority, in relation to such a company.

(6) Any requirement or prohibition imposed on or in relation to a company by virtue of subsection (5) must relate to the doing for a commercial purpose of the thing to which the order under this section relates. " ;

" "company" means--

(a) a company within the meaning given by section 1(1) of the Companies Act 2006; or

(b) a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969, " .

(5) In subsection 96(5) (definition of "company") for the words from "Part 5" to the end substitute "section 95".

(6) In section 100(2)(a) (exercise of powers by reference to authorities' performance categories), for the words from "section 70" to the end substitute "section 212 of the Local Government and Public Involvement in Health Act 2007".

Public Audit (Wales) Act 2004 (c. 23)

6 (1) Section 48 of the Public Audit (Wales) Act 2004 (permitted methods of publishing information) is amended as follows.

(2) In subsection (3)(a) for "a local authority company" substitute "an entity under the control of a local authority".

(3) For subsections (5) and (6) substitute--

" (5) In subsection (3) "an entity under the control of a local authority" has the meaning given for the purposes of that subsection by order under section 218 of the Local Government and Public Involvement in Health Act 2007.

(6) But the Welsh Ministers may direct that an entity, or entities of a particular description, are to be treated as not being under the control of a local authority for the purposes of subsection (3).

(7) A direction under subsection (6) may be given so as to apply--

(a) for a period specified in the direction; or

(b) subject to conditions so specified.

(8) A direction under subsection (6) may be varied or revoked by a subsequent direction under that subsection.

(9) In subsection (6) "entity" means any entity, whether or not a legal person. "

Section 219

SCHEDULE 15 The Valuation Tribunal for England

Introduction

1 Schedule 11 to the Local Government Finance Act 1988 (c. 41) is amended as follows.

Establishment of the Tribunal

2 Before paragraph 1 (and the italic heading preceding it) insert--

" Part 1 The Valuation Tribunal for England

Establishment

A1 There shall be a Valuation Tribunal for England.

Jurisdiction

A2 (1) The jurisdiction of the existing English tribunals, including their jurisdiction under current legislation, is transferred to the Tribunal.

(2) The jurisdiction of the existing English tribunals under current legislation is their jurisdiction under any of the following--

This Act

Regulations under section 55.
Paragraph 4 of Schedule 4A.
Paragraph 5C of Schedule 9.

Land Drainage Act 1991 (c. 59)

Section 45.

Local Government Finance Act 1992 (c. 14)

Section 16.
Regulations under section 24.
Paragraph 3 of Schedule 3.

(3) The jurisdiction transferred by this paragraph is to be exercised as regards all appeals under that jurisdiction, whether made before or after the transfer.

(4) The existing English tribunals are the valuation tribunals established in relation to England by regulations under this Schedule (prior to its amendment by the Local Government and Public Involvement in Health Act 2007) which are in existence immediately before this paragraph comes into force.

A3 (1) This paragraph applies as regards any matter which falls within the jurisdiction of the Tribunal.

(2) The Secretary of State may by regulations provide that, where the persons mentioned in sub-paragraph (3) below agree in writing that the matter is to be referred to arbitration, the matter shall be so referred.

(3) The persons are the persons who, if the matter were to be the subject of an appeal to the Tribunal, would be the parties to the appeal.

Membership

A4 The Tribunal is to consist of the following members--

(a) the President of the Valuation Tribunal for England;

(b) one or more Vice-Presidents of the Valuation Tribunal for England;

(d) other persons appointed as members of the Tribunal.

A5 A Vice-President has the functions assigned to him by the President.

A6 (1) This paragraph applies if--

(a) the office of President is vacant, or

(b) the President is absent or otherwise unable to act.

(2) The President's functions may be exercised by any Vice-President.

A7 (1) It is for the Lord Chancellor to appoint the members of the Tribunal.

(2) It is for the Secretary of State to determine the terms and conditions on which members of the Tribunal are to be appointed.

(3) Paragraphs A11 to A13 make further provision about determination of remuneration etc.

A8 (1) It is for the Secretary of State to determine the following matters--

(a) how many Vice-Presidents the Tribunal is to have;

(b) how many members the panel of chairmen is to have;

(2) A determination under this paragraph may specify, in relation to a class of member--

(a) a particular number, or

(b) a minimum number or a maximum number, or both.

(3) Before making a determination under this paragraph the Secretary of State must consult both of the following--

(a) the President;

(b) the Valuation Tribunal Service.

Tenure of office

A9 (1) A member of the Tribunal shall hold office in accordance with the terms and conditions of his appointment.

(2) That is subject to the other provisions of this Schedule.

A10 The Lord Chancellor may remove a member of the Tribunal from office if the Lord Chancellor is satisfied that the member is--

(a) unable,

(b) unwilling, or

to perform his functions as a member of the Tribunal.

Remuneration, allowances & pension

A11 It is for the Secretary of State to determine what (if any) remuneration is payable to the President and the Vice-Presidents.

A12 It is for the Secretary of State to determine what (if any) allowances (including travelling and subsistence allowances) are payable to the members of the Tribunal.

A13 It is for the Secretary of State to determine--

(a) what (if any) pension is payable to, or in respect of, a person who has held office as President or Vice-President, and

(b) what (if any) amounts are payable towards provision for the payment of a pension to, or in respect of, a person who has held office as President or Vice-President.

A14 The Valuation Tribunal Service must pay any amount which is payable in accordance with a determination made by the Secretary of State under paragraph A11, A12 or A13.

Organisation & delegation

A15 The President may make arrangements for the organisation of the Tribunal (whether in divisions or otherwise).

A16 (1) The President or a Vice-President may delegate any of his functions to any other member of the Tribunal.

(2) But where the President or a Vice-President has been selected to deal with an appeal, that person may not delegate any function of deciding that appeal.

(3) A member of the Tribunal to whom a function is delegated under sub-paragraph (1) may delegate the function to any other member of the Tribunal (unless the delegation under sub-paragraph (1) does not allow such sub-delegation).

(4) Any delegation under sub-paragraph (1) or (3) must be made in writing.

Dealing with appeals

A17 (1) The President must make tribunal business arrangements.

(2) Tribunal business arrangements are arrangements which provide for the selection of the member or members of the Tribunal to deal with any appeal made to the Tribunal.

(3) Tribunal business arrangements must provide for at least one senior member of the Tribunal to deal with an appeal.

(4) The senior members of the Tribunal are--

(a) the President;

(b) the Vice-Presidents;

(5) Tribunal business arrangements must comply with, and are subject to, regulations under paragraph A19.

A18 (1) This paragraph applies if a member of the Tribunal dealing with an appeal becomes unable to act.

(2) The other members dealing with the appeal may continue to deal with the appeal.

(3) Or, if the member who becomes unable to act is the only member dealing with the appeal, a further selection must be made in accordance with tribunal business arrangements.

Regulations

A19 (1) The Secretary of State may, by regulations, make provision in relation to procedure or any other matter relating to the Tribunal.

(2) Regulations under this paragraph may include provision about any of these matters--

(a) the circumstances in which persons are disqualified from becoming or continuing to be members of the Tribunal;

(b) the circumstances in which members of the Tribunal are to be disqualified from acting;

(d) the factors which are not to disqualify members of the Tribunal from acting;

(e) the functions of the Tribunal relating to an appeal which may be discharged on its behalf by the clerk of the Tribunal or by any other member of the Tribunal's staff.

(3) Regulations under this paragraph may not make provision in relation to staff, accommodation and equipment.

(4) Part 3 makes further provision about the kind of regulations that may be made under this paragraph.

Interpretation

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