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

(The document as of February, 2008)

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Interpretation

A20 In this Part--

(a) "Tribunal" means the Valuation Tribunal for England;

(b) "President" means President of the Valuation Tribunal for England;

(d) "panel of chairmen" means the panel of persons to act as chairmen of the Tribunal;

(e) "Tribunal's staff" means the staff provided to the Tribunal by (or under arrangements made by) the Valuation Tribunal Service. "

Schedule 11 to be divided into Parts

3 (1) The entries in the first column of the following table set out certain provisions of Schedule 11 (as amended in accordance with this Schedule).

(2) The provisions set out in such an entry become the Part of Schedule 11 set out in the corresponding entry in the second column.

(3) That Part has the title set out in the corresponding entry in the third column.

Provisions	Part	Title
Paragraphs 1 to 7A	Part 2	Valuation Tribunals: Wales
Paragraphs 8 to 12A	Part 3	Procedure, orders etc
Paragraphs 13 to 18	Part 4	Miscellaneous

Retention of existing arrangements for Wales

4 In paragraph 1 (establishment of tribunals)--

(a) in sub-paragraph (1) for "of tribunals" insert ", in relation to Wales, of one or more tribunals";

(b) omit sub-paragraph (2)(a);

5 After paragraph 1 insert--

" 1A In this Part, references to a tribunal are references to any tribunal established in relation to Wales by regulations under paragraph 1. "

6 (1) Omit paragraph 3 (transfer of jurisdiction of local valuation courts).

(2) The repeal of paragraph 3 does not affect any regulations made under that paragraph before the repeal comes into force.

7 In paragraph 5(1) (regulations about membership of tribunals), in sub-paragraph (p) after "such" insert "remuneration and".

8 In paragraph 6(1) (staff) omit ", so far as relating to Wales,".

9 In paragraph 7(1) (accommodation and equipment) omit ", so far as relating to Wales,".

10 (1) For the italic heading before paragraph 8 substitute--

" Dealing with appeals "

(2) Paragraph 8(1) becomes paragraph 7A of Schedule 11.

Amendment of provisions relating to England and to Wales

11 Before paragraph 8(2) insert--

" Procedure

8 (1) Regulations under paragraph A19 or paragraph 1 may include provision of any kind specified in this paragraph. "

12 In paragraph 9(2) for "paragraph 1" substitute "paragraph A19 or paragraph 1".

13 In paragraph 10(2) for "paragraph 1" substitute "paragraph A19 or paragraph 1".

14 In paragraph 10A(2) for "paragraph 1" substitute "paragraph A19 or paragraph 1".

15 In paragraph 11(1) for "paragraph 1" substitute "paragraph A19 or paragraph 1".

16 In paragraph 12(1) for "paragraph 1" substitute "paragraph A19 or paragraph 1".

17 After paragraph 12 insert--

" Meaning of tribunal

12A In this Part references to a tribunal are--

(a) in relation to England, references to the Valuation Tribunal for England;

(b) in relation to Wales, references to a tribunal established under paragraph 1 of this Schedule. "

18 (1) For the italic heading before paragraph 13 substitute--

" Finance: Wales "

(2) In paragraph 13 for "tribunals" substitute "the tribunals established in relation to Wales by regulations under paragraph 1".

19 In paragraph 15 for "paragraph 4" substitute "paragraph A3 or paragraph 4".

Section 220

SCHEDULE 16 Consequential amendments relating to the creation of the Valuation Tribunal for England

House of Commons Disqualification Act 1975 (c. 24)

1 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), insert at the appropriate place--

" The Valuation Tribunal for England. "

Local Government Finance Act 1988 (c. 41)

2 The Local Government Finance Act 1988 is amended as follows.

3 (1) Section 55 (alteration of lists) is amended in accordance with this paragraph.

(2) In subsection (5) omit "established under Schedule 11 below".

(3) After subsection (7A) insert--

" (8) In this section "valuation tribunal" means--

(a) in relation to England: the Valuation Tribunal for England;

(b) in relation to Wales: a valuation tribunal established under paragraph 1 of Schedule 11. "

4 (1) Schedule 4A (non-domestic rating: new buildings (completion days)) is amended in accordance with this paragraph.

(2) In paragraph 4 (appeals against completion notices), after sub-paragraph (2) insert--

" (3) In this paragraph "valuation tribunal" means--

(a) in relation to England: the Valuation Tribunal for England;

(b) in relation to Wales: a valuation tribunal established under paragraph 1 of Schedule 11. "

5 (1) Schedule 9 (non-domestic rating: administration) is amended in accordance with this paragraph.

(2) In paragraph 5C (non-compliance with information notice: appeals against penalties), after sub-paragraph (6) insert--

" (7) In this paragraph "valuation tribunal" means--

(a) in relation to England: the Valuation Tribunal for England;

(b) in relation to Wales: a valuation tribunal established under paragraph 1 of Schedule 11. "

Land Drainage Act 1991 (c. 59)

6 (1) Section 45 of the Land Drainage Act 1991 (appeals against determinations of annual value) is amended in accordance with this paragraph.

(2) In subsection (7)(a) omit ", in accordance with regulations under Schedule 11 to the Local Government Finance Act 1988,".

(3) After subsection (7) insert--

" (8) For the purposes of subsection (7)--

(a) "valuation tribunal" means--

(i) the Valuation Tribunal for England, or

(ii) a valuation tribunal established under paragraph 1 of Schedule 11 to the Local Government Finance Act 1988;

(b) England is to be treated as the area for which the Valuation Tribunal for England is established. "

Local Government Finance Act 1992 (c. 14)

7 (1) Section 69 of the Local Government Finance Act 1992 (interpretation etc of Part 1) is amended in accordance with this paragraph.

(2) In subsection (1), for the definition of "valuation tribunal" substitute--

" "valuation tribunal" means--

(a) in relation to England: the Valuation Tribunal for England;

(b) in relation to Wales: a valuation tribunal established under paragraph 1 of Schedule 11 to the 1988 Act. "

Tribunals and Inquiries Act 1992 (c. 53)

8 (1) Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals) is amended in accordance with this paragraph.

(2) In entry 28, for "Valuation tribunals established" substitute "The Valuation Tribunal for England and the valuation tribunals established in relation to Wales".

Finance Act 2003 (c. 14)

9 (1) Section 78A of the Finance Act 2003 (disclosure of information contained in land transaction returns) is amended in accordance with this paragraph.

(2) In subsection (1)(b), omit "established under Schedule 11 to the Local Government Finance Act 1988".

(3) After subsection (3) insert--

" (4) In this section "valuation tribunal" means--

(a) in relation to England: the Valuation Tribunal for England;

(b) in relation to Wales: a valuation tribunal established under paragraph 1 of Schedule 11 to the Local Government Finance Act 1988. "

Local Government Act 2003 (c. 26)

10 The Local Government Act 2003 is amended as follows.

11 (1) Section 105 (the Valuation Tribunal Service) is amended in accordance with this paragraph.

(2) In subsection (2)--

(a) for "valuation tribunals in England" substitute "the Valuation Tribunal for England (referred to in this section and Schedule 4 as "the Tribunal")";

(b) in paragraph (a) for "tribunals" substitute "the Tribunal";

(d) in paragraph (a)(v) for "(including clerks to) tribunals" substitute "the Tribunal (including the clerk of the Tribunal)";

(e) after paragraph (a) insert--

" (aa) making payments in accordance with paragraph A14 of Schedule 11 to the Local Government Finance Act 1988; " ;

(f) in paragraph (b) for "tribunals" substitute "the Tribunal".

(3) In subsection (5)--

(a) for "valuation tribunals" substitute "the Tribunal";

(b) for "their" substitute "its".

(4) In subsection (6)--

(a) for "valuation tribunals" substitute "the Tribunal";

(b) for "the Tribunals concerned" substitute "the President of the Tribunal".

12 In section 124 (general interpretation), omit the definition of "valuation tribunal".

13 (1) Schedule 4 (the Valuation Tribunal Service) is amended in accordance with this paragraph.

(2) In paragraph 1 (membership)--

(a) after sub-paragraph (1) insert--

" (1A) The Secretary of State must appoint the person who is for the time being President of the Tribunal as one of the members of the Service (unless that person is already a member of the Service). " ;

(b) for sub-paragraph (3)(a) substitute--

" (a) a majority are senior members of the Tribunal, and " .

(3) In paragraph 3 (tenure of office)--

(a) after sub-paragraph (1) insert--

" (1A) The person who is for the time being President of the Tribunal shall hold office as a member of the Service for as long as he remains President of the Tribunal. " ;

(b) in sub-paragraph (2) after "A person" insert "other than the President of the Tribunal".

(4) In paragraph 4 (cessation of membership), for sub-paragraph (1)(b) substitute--

" (b) he ceases to be President of the Tribunal (whether or not he was appointed to the Service by virtue of being President),

(ba) having been a Vice-President of the Tribunal, or a member of the panel of chairmen of the Tribunal, at the time of his appointment, he ceases to hold that office without being appointed to another of the senior offices of the Tribunal, or " .

(5) For paragraph 9 substitute--

" 9 The Service shall not appoint an employee to be the clerk of the Tribunal without the consent of the President of the Tribunal. "

(6) In paragraph 27 (interpretation), after the definition of "financial year" insert--

" "senior member of the Tribunal" means a person holding one of the senior offices of the Tribunal;

"senior offices of the Tribunal" means any of these offices--

(a) President of the Tribunal;

(b) Vice-President of the Tribunal;

Constitutional Reform Act 2005 (c. 4)

14 The Constitutional Reform Act 2005 is amended as follows.

15 (1) Schedule 7 (protected functions of the Lord Chancellor) is amended in accordance with this paragraph.

(2) In Part A of that Schedule (general), insert at the appropriate place--

" Local Government Finance Act 1988

Schedule 11, paragraph A7 "

16 (1) Schedule 14 (Judicial Appointments Commission: relevant offices and enactments) is amended in accordance with this paragraph.

(2) In Part 3 of the Schedule, insert at the appropriate place--

" President of the Valuation Tribunal for England	Paragraph A7 of Schedule 11 to the Local Government Finance Act 1988
Vice-President of the Valuation Tribunal for England	Paragraph A7 of Schedule 11 to the Local Government Finance Act 1988
Member of the panel of chairmen of the Valuation Tribunal for England	Paragraph A7 of Schedule 11 to the Local Government Finance Act 1988
Other member of the Valuation Tribunal for England	Paragraph A7 of Schedule 11 to the Local Government Finance Act 1988 "

Section 235

SCHEDULE 17 Powers of National Assembly for Wales

1 Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly measures) is amended in accordance with this Schedule.

2 In Part 1, after the heading "Field 12: local government" insert--

" Matter 12.1

Provision for and in connection with--
- (a) the constitution of new principal areas and the abolition or alteration of existing principal areas, and
- (b) the establishment of councils for new principal areas and the abolition of existing principal councils.
"Principal area" means a county borough or a county in Wales, and "principal council" means a council for a principal area.

Matter 12.2

Provision for and in connection with--
- (a) the procedure for the making and coming into force of byelaws, and
- (b) the enforcement of byelaws.
"Byelaws" means those of a class which may be confirmed by the Welsh Ministers (but the provision which may be made includes provision to remove a requirement of confirmation).

Matter 12.3

Any of the following--
- (a) the principles which are to govern the conduct of members of relevant authorities,
- (b) codes of conduct for such members,
- (c) the conferral on any person of functions relating to the promotion or maintenance of high standards of conduct of such members (including the establishment of bodies to have such functions),
- (d) the making or handling of allegations that members (or former members) of relevant authorities have breached standards of conduct, including in particular--
  - (i) the investigation and adjudication of such allegations and reports on the outcome of investigations,
  - (ii) the action that may be taken where breaches are found to have occurred,
- (e) codes of conduct for employees of relevant authorities.
For the purposes of this matter--
- "relevant authority" has the same meaning as in Part 3 of the Local Government Act 2000, except that other than in paragraph (d) it does not include a police authority,
- "member" includes a co-opted member within the meaning of that Part.

Matter 12.4

Provision for and in connection with strategies of county councils and county borough councils for promoting or improving the economic, social or environmental well-being of their areas or contributing to the achievement of sustainable development in the United Kingdom, including provision imposing requirements in connection with such strategies on other persons with functions of a public nature.

Matter 12.5

Provision for and in connection with--
- (a) the making of arrangements by relevant Welsh authorities to secure improvement in the way in which their functions are exercised,
- (b) the making of arrangements by relevant Welsh authorities for the involvement in the exercise of their functions of people who are likely to be affected by, or interested in, the exercise of the functions, and
- (c) the assessment and inspection of the performance of relevant Welsh authorities in exercising their functions.
The following are "relevant Welsh authorities"--
- (a) a county council, county borough council or community council in Wales,
- (b) a National Park authority for a National Park in Wales,
- (c) a fire and rescue authority in Wales 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,
- (d) a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 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,
- (e) a body to which section 75 of that Act applies (special levies) and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in Wales. "

3 In Part 2, after paragraph 2 insert--

" Police areas

2A A provision of an Assembly Measure cannot make any alteration in police areas. "

4 In Part 3, after paragraph 7 insert--

" Police areas

7A Part 2 does not prevent a provision of an Assembly Measure making an alteration to the boundary of a police area in Wales if the Secretary of State consents to the provision. "

Section 241

SCHEDULE 18 Repeals

Part 1 Structural and boundary change

Short title and chapter	Extent of repeal
Race Relations Act 1976 (c. 74)	In Schedule 1A, in Part 1, paragraph 33.
Local Government Finance Act 1988 (c. 41)	In section 91(3B), the words "(in this section referred to as "the reorganisation date")".
Food Safety Act 1990 (c. 16)	In section 27(5), the words "pursuant to a structural change".
Local Government Act 1992 (c. 19)	In section 13-- (a) subsections (1) and (2); (b) subsection (7)(a). In section 14-- (a) in subsection (1), paragraphs (a) and (b), in paragraph (c) the words from "whether" to the end of the paragraph, and the words after paragraph (c); (b) subsections (2), (3), (5), (6) and (7). Section 15(7A)(a). Section 16. In section 17-- (a) subsection (1); (b) subsection (2)(a); (c) in subsection (3), the words "Subject to subsection (3A) below,", the words "Electoral Commission or of the", paragraphs (a), (b), (c), (ea), (g) and (h), and, 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). Section 18. Section 19(2). Sections 20 to 22. In section 26-- (a) in subsection (1), paragraphs (a) and (b) and, 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), the words "the Secretary of State is or", the words "he or", and the words "he thinks or".
Environment Act 1995 (c. 25)	In section 79(1), in the definition of "public authority", the words "or residuary body".

Part 2 Electoral arrangements

Short title and chapter

Extent of repeal

Local Government Act 1972 (c. 70)

Section 7(4) to (6).

Section 8(2) and (3).

Local Government Act 1992 (c. 19)

In section 15--

(a)

subsection (1)(c) and the word "and" immediately preceding it;

(b)

subsection (2);

(c)

subsection (3)(a) and (c);

(d)

in subsection (6)(a), the words "a further report under subsection (4) containing";

(e)

subsection (8).

Section 15A.

In section 17(2), the words "or the submission of a report".

Part 3 Executive arrangements

Reference

Extent of repeal or revocation

Local Government Act 1972 (c. 70)

In section 3(4A) the words "or a mayor and council manager executive".

In section 79(1) the words ", or be qualified to be elected and to be an elected mayor,".

In section 80(1), in the words before paragraph (a), the words ", and be disqualified for being elected or being an elected mayor,".

In section 270(4A) the words "or a mayor and council manager executive".

In Schedule 2, in paragraph 5B, the words "or a mayor and council manager executive".

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