Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Structural and boundary change in England
Change from two tiers to single tier of local government
For the purposes of this Chapter, each of the following is a “principal authority”—
a county council in England;
a district council in England.
For the purposes of this Chapter there is “a single tier of local government” for an area if—
there is a county council and no district councils for that area; or
there is a district council and no county council for that area.
For the purposes of subsection (2)(b) there is a county council “for” an area which is a district if there is a county council which has in relation to that area the functions of a county council.
The Secretary of State may invite or direct any principal authority to make one of the following proposals—
a Type A proposal;
a Type B proposal;
a Type C proposal;
a combined proposal.
A Type A proposal is a proposal that there should be a single tier of local government for the area which is the county concerned.
A Type B proposal is a proposal that there should be a single tier of local government for an area which—
is currently a district, or two or more districts, in the county concerned; and
is specified in the proposal.
A Type C proposal is a proposal that there should be a single tier of local government for an area specified in the proposal which currently consists of—
the county concerned or one or more districts in the county concerned; and
one or more relevant adjoining areas.
A combined proposal is a proposal that consists of—but a proposal is not a combined proposal if it includes any Type B or C proposals that are alternatives.
two or more Type B proposals,
two or more Type C proposals, or
one or more Type B proposals and one or more Type C proposals,
In this section “the county concerned” means—
in relation to a principal authority which is the council for a county, that county;
in relation to a principal authority which is the council for a district, the county in which the district is.
In this section a “relevant adjoining area” means an area which adjoins the county concerned and is currently a county in England, a district in England, or two or more such counties or districts.
An invitation or direction may either—
be such that the authority may choose whether to make a Type A, Type B, Type C or combined proposal; or
specify which one of those kinds of proposal is invited (or, in the case of a direction, required).
Subsection (1) is subject to section 3(1).
The Secretary of State may invite or direct a relevant principal authority to make a proposal that there should be one or more single tiers of local government for an area which currently consists of—
the area of that authority, and
one or more other eligible areas.
A principal authority is a “relevant principal authority” for the purposes of subsection (1) if it is the district or county council for an area for which there is currently a single tier of local government.
An “eligible area” is an area for which there is a single tier of local government.
An invitation or direction may—
be such that the authority may choose which eligible areas (other than the area of that authority) should form the proposed area for the new single tier of local government;
specify which eligible areas (other than the area of that authority) should form the proposed area for the new single tier of local government.
what a proposal should seek to achieve;
matters that should be taken into account in formulating a proposal.
making its own proposal in accordance with the invitation or direction; or
making a proposal, in accordance with the invitation or direction, jointly with any of the other authorities.
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The Secretary of State may request the Local Government Boundary Commission to advise, no later than a date specified in the request, on any matter that—
relates to the proposal; and
is specified in the request.
The Secretary of State may at any time substitute a later date for the date specified in a request under subsection (2) (or for any date previously substituted under this subsection).
This section applies where the Local Government Boundary Commission receive a request for advice under section 4.
The Local Government Boundary Commission may provide the advice requested.
Where they provide that advice, the Local Government Boundary Commission may also do any of the following that they think appropriate—
recommend that the Secretary of State implements the proposal without modification;
recommend that he does not implement it;
make an alternative proposal to him.
In subsection (3)(a) “the proposal” means
in relation to a proposal in response to an invitation or direction under section 2, the Type A, Type B, Type C or combined proposal to which the request for advice related, or
in relation to a proposal in response to an invitation or direction under section 2A, the proposal to which the request for advice related.
In subsection (3)(c) “an alternative proposal” means—
in relation to a proposal in response to an invitation or direction under section 2—
a proposal that there should be a single tier of local government for an area that is, or includes, the whole or part of the county concerned, and is specified in the alternative proposal, or
a proposal consisting of two or more proposals that are within paragraph (i) (and are not alternatives to one another);
in relation to a proposal in response to an invitation or direction under section 2A, a proposal that there should be one or more single tiers of local government for an area that—
includes the relevant area and one or more other areas for which there is a single tier of local government, and
is specified in the alternative proposal.
In this section “the county concerned” means—
the county that, under section 2(6), is the county concerned in relation to the authority which made the proposal referred to in subsection (4) (a) above; or
where that proposal was made by more than one authority, any county that (under section 2(6)) is the county concerned in relation to any of the authorities which made that proposal.
In this section the “relevant area” means—
the area of the relevant principal authority which made the proposal referred to in subsection (4)(b), or
where that proposal was made by more than one relevant principal authority, the area of any of those authorities.
The area specified in an alternative proposal under this section may not extend into any area that is currently outside all local government areas.
A local authority must if requested by the Local Government Boundary Commission to do so provide the Commission, by such date as the Commission may specify, with any information that the Commission may reasonably require in connection with any of their functions under section 5.
In making a recommendation or alternative proposal under section 5 the Local Government Boundary Commission must have regard to any guidance from the Secretary of State about the exercise of the Commission's functions under that section.
Any recommendation or alternative proposal under section 5 must be made no later than the relevant date.
Before making an alternative proposal under section 5(3)(c) the Local Government Boundary Commission must—
publish a draft of the proposal; and
take such steps as they consider sufficient to secure that persons who may be interested are informed of—
the draft proposal; and
the period within which representations about it may be made to the Commission.
The Local Government Boundary Commission—
must take into account any representations made to them within that period; and
if they make any proposal to the Secretary of State, must inform any person who made such representations—
of the proposal made; and
that representations about the proposal may be made to the Secretary of State until the end of the relevant period.
In subsection (5)(b) “the relevant period” means four weeks beginning with the relevant date.
by order implement the proposal, with or without modification;
if he has received an alternative proposal from the Local Government Boundary Commission under section 5, by order implement that alternative proposal with or without modification; or
decide to take no action.
The Secretary of State may not in any case make an order under subsection (1)(a) implementing a proposal unless he has consulted the following about the proposal—
every authority affected by the proposal (except the authority or authorities which made it); and
such other persons as he considers appropriate.
For the purposes of this section an authority is “affected by” a proposal in response to an invitation or direction under section 2 if it is a principal authority for an area which is, or any part of which is, in an area that the proposal suggests should have a single tier of local government.
For the purposes of this section an authority is “affected by” a proposal in response to an invitation or direction under section 2A if—
it is the district or county council for an area for which there is currently a single tier of local government, and
that area would fall within the proposed new single tier of local government.
Subsection (3) does not apply if the proposal was made jointly by every authority affected by it, and in that case the Secretary of State may before making an order under subsection (1)(a) (or deciding not to) consult such other persons as he considers appropriate.
In any case where he has received an alternative proposal from the Local Government Boundary Commission under section 5, the Secretary of State may request the Commission to provide him with information or advice on any matter relating to the proposal.
Where they receive such a request the Local Government Boundary Commission may provide the information or advice requested.
Boundary change
The Local Government Boundary Commission may, either on their own initiative or at the request of the Secretary of State or a local authority, conduct a review of one or more local government areas.
Where they have conducted a review under this section the Local Government Boundary Commission may (subject to subsection (4)) recommend to the Secretary of State such boundary change as in consequence of the review seems to them desirable.
For the purposes of this section “boundary change” means any of the following or any combination of the following—
the alteration of a local government area boundary;
the abolition of a local government area;
the constitution of a new local government area.
None of the following may be recommended under this section—
a change consisting of the alteration of the boundary of a single-tier area and consequent abolition of an area that is currently two-tier;
a change consisting of the alteration of the boundary of a two-tier area and consequent abolition of an area that is currently single-tier;
a change consisting of the constitution of a new local government area and consequent abolition of an existing local government area, where the new local government area would include—
the whole or part of any area that is currently single-tier; and
the whole or part of any area that is currently two-tier;
a change consisting of the alteration of a local government area, or constitution of a new local government area, where the altered or new area would extend into an area that is currently outside all local government areas;
a change whose effect would be that England (excluding the Isles of Scilly, the City of London, the Inner Temple and the Middle Temple) is no longer divided into areas each of which is—
a county divided into districts, or comprising one district; or
a London borough.
Where the Local Government Boundary Commission have conducted a review under this section and consider that no boundary change is desirable, they may recommend to the Secretary of State that no boundary change should be made.
In considering whether (and, if so, what) boundary change is desirable, the Local Government Boundary Commission must have regard to—
the need to secure effective and convenient local government; and
the need to reflect the identities and interests of local communities.
Where under subsection (2) the Local Government Boundary Commission recommend that a boundary change should be made in relation to any local government area, the Commission must recommend to the Secretary of State whether, in consequence, a change should be made to—
the electoral arrangements of the area of a local authority;
the electoral arrangements of the area of a parish council.
In subsection (6A)(a) “electoral arrangements”, in relation to the area of a local authority means—
the total number of members of the local authority (“councillors”);
the number and boundaries of electoral areas for the purposes of the election of councillors;
the number of councillors to be returned by any electoral area in that area; and
the name of any electoral area.
In subsection (6A)(b) “electoral arrangements”, in relation to the area of a parish council means—
the total number of members of the parish council (“parish councillors”);
arrangements for the division of the parish or (in the case of a common parish council) any of the parishes into wards for the purposes of the election of parish councillors;
the number and boundaries of any wards;
the number of parish councillors to be returned by any ward or, in the case of a common parish council, by each parish; and
the name of any ward.
Schedule 2 to the Local Democracy, Economic Development and Construction Act 2009 applies in relation to the making of recommendations under subsection (6A).
Where under subsection (2) the Local Government Boundary Commission recommend that a boundary change should be made in relation to the area of a London borough council, the Commission must recommend to the Secretary of State whether, in consequence, a change should be made to the area of any constituency for the London Assembly in order to comply with the rules set out in paragraph 7 of Schedule 1 to the Greater London Authority Act 1999.
In exercising a function under this section, a local authority or the Local Government Boundary Commission must have regard to any guidance from the Secretary of State about the exercise of that function.
A local authority must if requested by the Local Government Boundary Commission to do so provide the Commission, by such date as the Commission may specify, with any information that the Commission may reasonably require in connection with any of their functions under this section.
This section applies where the Boundary Committee conduct a review under section 8.
In conducting the review the Local Government Boundary Commission must consult—
the council of any local government area to which the review relates; and
such other local authorities, parish councils and other persons as appear to them to have an interest.
Before making any recommendation to the Secretary of State the Local Government Boundary Commission must—
publish a draft of the recommendation; and
take such steps as they consider sufficient to secure that persons who may be interested are informed of—
the draft recommendation; and
the period within which representations about it may be made to the Commission.
The Local Government Boundary Commission—
must take into account any representations made to them within that period; and
if they make any recommendation to the Secretary of State, must inform any person who made such representations—
of the recommendation made; and
that representations about the recommendation may be made to the Secretary of State until the end of four weeks beginning with the recommendation date.
In this section and section 10 “the recommendation date” means the date the recommendation was sent by the Local Government Boundary Commission to the Secretary of State.
Where the Local Government Boundary Commission make a recommendation to the Secretary of State under section 8(2), the Secretary of State may do any of the following—
by order implement the recommendation, with or without modification;
decide to take no action with respect to the recommendation;
make a request under section 8 for a further review.
Where the Local Government Boundary Commission make a recommendation to the Secretary of State under section 8(5) the Secretary of State may—
make a request under section 8 for a further review; or
decide not to make such a request.
Subsections (2B) to (2D) apply where the Local Government Boundary Commission make a recommendation to the Secretary of State under section 8(6A) or (6E) in consequence of a recommendation under section 8(2).
Where under subsection (1)(a) the Secretary of State implements the recommendation under section 8(2) without modification, the Secretary of State must by order implement the recommendation under section 8(6A) or (6E).
Where pursuant to subsection (1)(a) the Secretary of State proposes to implement the recommendation under section 8(2) with modification, the Secretary of State must request the Local Government Boundary Commission to recommend whether a modification is needed to their recommendation under section 8(6A) or (6E).
Where under section (1)(a) the Secretary of State implements a recommendation under section 8(2) with modification—
if the Local Government Boundary Commission have recommended under subsection (2C) that a modification is needed to their recommendation under section 8(6A) or (6E), the Secretary of State must by order implement the recommendation under section 8(6A) or (6E) with that modification;
if the Local Government Boundary Commission have recommended under subsection (2C) that no modification is needed to the recommendation under section 8(6A) or (6E), the Secretary of State must by order implement that recommendation.
The Secretary of State may not do as mentioned in paragraph (a), (b) or (c) of subsection (1) or paragraph (a) or (b) of subsection (2) before the end of six weeks beginning with the recommendation date (as defined by section 9(5)).
Before doing as mentioned in any of those paragraphs the Secretary of State may request the Local Government Boundary Commission to provide him with information or advice on any matter relating to the recommendation.
Where they receive such a request the Local Government Boundary Commission may provide the information or advice requested.
Implementation of changes
any of the matters mentioned in subsection (3);
any of the matters mentioned in subsection (4) (incidental, consequential etc matters).
In subsection (1) “implementing” includes implementing with modifications and “implementation” is to be read accordingly.
The matters referred to in subsection (1)(a) are—
the constitution of a new local government area;
the abolition of any existing local government area;
the boundary of any local government area;
whether a county or district is to be metropolitan or non-metropolitan;
the establishment, as a county council, district council or London borough council, of an authority for any local government area;
the winding up and dissolution of an existing local authority;
the transfer to a county council of the functions, in relation to an area, of district councils;
the transfer to a district council of the functions, in relation to an area, of a county council.
electoral matters within the meaning of section 12.
The matters referred to in subsection (1)(b) are—
the name of any local government area;
the name of any local authority;
the boundary of any parish;
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the establishment or membership of public bodies in any area affected by the order and the election of members of such bodies;
where the order makes provision for a single tier of local government for an area that comprises or includes the area of a combined authority or combined county authority, for the abolition of the combined authority or combined county authority;
the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of any area affected by the order;
the boundary of any police area in England.
For the purposes of subsection (3)(e)—
the “establishment” of an authority as a council for a county includes an existing district council's becoming the county council for the county;
the “establishment” of an authority as a council for a district includes an existing county council's becoming the district council for the district.
The power of the Secretary of State under section 7(1)(a) to implement a proposal with modifications includes power to make provision whose effect is that there will be a single tier of local government for an area (“the area concerned”) that—
includes all or part of an area specified in the proposal as one for which there should be a single tier of local government; but
is not an area that could itself have been so specified.
But subsection (6) does not authorise the area concerned to extend into any area that is currently outside all local government areas.
In this section, “combined authority” and “combined county authority” have the same meaning as in section 11A (see subsection (10) of that section).
will no longer meet condition A in section 9(2) of the Levelling-Up and Regeneration Act 2023(area of combined county authority), but
will meet condition A in section 103(2) of the Local Democracy, Economic Development and Construction Act 2009(area of combined authority).
The Secretary of State may by regulations make provision that the relevant body corporate is to continue in existence but—
is no longer a combined county authority, and
is instead a combined authority.
Accordingly, where regulations make provision under subsection (2), the combined authority and the combined county authority are the same person in law.
The Secretary of State may by regulations make provision that the relevant office of mayor (if any) is to continue in existence but—
is no longer the office of mayor for the area of the combined county authority, and
is instead the office of mayor for the area of the combined authority.
Accordingly, where regulations make provision under subsection (4)—
the office of mayor for the area of the combined authority and the office of mayor for the area of the combined county authority is the same office in law;
the person who holds the relevant office of mayor continues to hold that office.
The power to make regulations under this section includes power to make incidental, consequential, transitional or supplementary provision.
The power to make provision under subsection (6) includes (but is not limited to) provision—
for the combined authority to be treated for some or all purposes as if it is a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
for the office of mayor for the area of the combined county authority to be treated for some or all purposes as if it is provided for under section 107A of the Local Democracy, Economic Development and Construction Act 2009.
Provision made under this section may—
modify, disapply or apply (with or without modifications) any enactment;
repeal or revoke any enactment with or without savings.
In this section “enactment” includes—but it does not include an Act other than this Act.
this Act (other than a provision of this Part);
an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978(whenever passed or made),
In this section—“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;“modify” includes amend;“relevant body corporate” means the body corporate which the combined county authority was established as;“relevant office of mayor” means the office of mayor for the area of the combined county authority.
In section 11(3) “electoral matters” means any of the following—
the total number of members of any local authority or parish council (“councillors”);
the number and boundaries of electoral areas for the purposes of the election of councillors;
the number of councillors to be returned by any electoral area;
the name of any electoral area;
the election of councillors for any electoral areas;
the order of retirement of councillors;
the election of a mayor of a local authority;
the election of an executive of a local authority;
the appointment by the Secretary of State of members of an existing local authority to be members of a new local authority for a transitional period;
the appointment for a transitional period of an executive of a new local authority;
the functions of a new local authority, and the discharge of those functions, during a transitional period.
the ordinary year of election for a parish council.
In subsection (1)(i) to (k)—“a new local authority” means a local authority established by the order;“a transitional period” means a period before the coming into office of members of the authority elected at the first election after the establishment of the authority.
In subsection (2) “established” and “establishment” are to be read in accordance with section 11(5).
Where an order makes provision under subsection (1)(k) conferring functions on a new local authority in relation to a combined authority or combined county authority, the order may provide that such functions are no longer functions of an existing local authority.
In this section—“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
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Subsection (1) is to be read with section 15.
Any incidental, consequential, transitional or supplementary provision included in an order under section 7 or 10 may relate either to other provisions of the order or to a previous order under section 7 or 10 (and the reference in section 12(2) to “the order” accordingly includes a previous order under section 7 or 10).
The Secretary of State must exercise his powers under section 11(4)(g) in such a way as to ensure that none of the following is divided between two or more police areas—
a county in which there are no district councils;
a district;
a London borough.
The Secretary of State may by regulations of general application make incidental, consequential, transitional or supplementary provision—
for giving full effect to such orders.
Subsection (1) is to be read with section 15.
for the transfer of functions, property, rights or liabilities from a local authority or local policing body for any area to another local authority or local policing body whose area consists of or includes the whole or part of that area;
for the transfer of property, rights or liabilities, and of related functions, from an authority which ceases to exist to a residuary body established under section 17;
for legal proceedings commenced by or against any body to be continued by or against a body to whom functions, property, rights or liabilities are transferred;
for the transfer of staff, compensation for loss of office, pensions and other staffing matters;
for treating any body to whom a transfer is made for some or all purposes as the same person in law as the body from whom the transfer is made;
with respect to the management or custody of transferred property (real or personal);
as to who is to be a police and crime commissioner;
with respect to the functions, areas of jurisdiction and costs and expenses of any public body or of—
any justice of the peace other than a District Judge (Magistrates' Courts);
any coroner or keeper of the rolls;
any lord-lieutenant, lieutenant or high sheriff; or
with respect to the functions of any District Judge (Magistrates' Courts);
with respect to charter trustees;
equivalent to any provision that could be contained in an agreement under section 16 (agreements about incidental matters).
Provision falling within subsection (1)(fa) includes, in particular—
provision for the police and crime commissioner for a police area affected by an order by virtue of provision made under section 11(4)(g) to become the police and crime commissioner for a police area resulting from the order;
provision for the holding of an election for the police and crime commissioner for any police area resulting from the order.
modify, exclude or apply (with or without modifications) any enactment;
repeal or revoke any enactment with or without savings.
In subsection (2)—“enactment” includes—any enactment contained in this Act (other than a provision of this Part) or in an Act passed after this Act; any instrument made at any time under an enactment (including an enactment contained in this Act or in an Act passed after this Act); any charter, whenever granted;“modify” includes amend.
any property, income, rights, liabilities and expenses (so far as affected by the order) of the parties to the agreement;
any financial relations between the parties to the agreement.
Such an agreement may in particular provide—
for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;
for the making of payments by any party to the agreement in respect of—
property, rights and liabilities so transferred or retained;
such joint use; or
the remuneration or compensation payable to any person;
for any such payment to be made by instalments or otherwise;
for interest to be charged on any such instalments.
In default of agreement about any disputed matter, the matter is to be referred to the arbitration of a single arbitrator—
agreed on by the parties; or
in default of agreement, appointed by the Secretary of State.
The arbitrator's award may make any provision that could be contained in an agreement under this section.
In subsection (3) “disputed matter” means any matter that—
could be the subject of provision contained in an agreement under this section; and
is the subject of a dispute between two or more public bodies that is not resolved by or under any order or regulations under this Chapter.
In this section “public body” includes a parish council.
An order under subsection (1) may—
make provision with respect to the constitution and membership of a residuary body;
make provision with respect to the powers of a residuary body to make levies and to borrow and lend money and the treatment and distribution of capital and other money by such a body;
make provision with respect to the keeping and auditing of accounts of a residuary body;
make provision with respect to directions which may be given by the Secretary of State in relation to the carrying out by a residuary body of any of its functions;
make provision enabling the Secretary of State to require a residuary body to submit to him a scheme for the winding up of the body and the disposal of its property, rights and liabilities and related functions.
The Secretary of State may by order provide—
for the transfer to any other body or bodies (including any body or bodies corporate established under the order for the purpose) of any property, rights or liabilities, and any related functions, of a residuary body; and
for giving effect (with or without modifications) to any scheme submitted to him under a provision made by virtue of subsection (2)(e) and for the dissolution of a residuary body.
An order under this section may include incidental, consequential, transitional or supplementary provision, including in particular provision of a kind mentioned in paragraphs (c) to (f) of section 15(1).
The Secretary of State may by order establish one or more staff commissions for the purpose of—
considering and keeping under review the arrangements for the recruitment of staff by relevant authorities affected by orders under this Chapter and for the transfer in consequence of any such order of staff employed by such authorities;
considering such staffing problems arising in consequence of such an order, and such other matters relating to staff employed by any such authority, as may be referred to the staff commission by the Secretary of State; and
advising the Secretary of State on the steps necessary to safeguard the interests of such staff.
Such a commission may be established for the whole or any part of England.
The Secretary of State may give directions to a staff commission with respect to their procedure.
The Secretary of State may give directions to any relevant authority affected by an order under this Chapter with respect to—
the provision of any information requested and the implementation of any advice given by a staff commission;
the payment by such an authority of any expenses incurred by a staff commission in doing anything requested by the authority.
Any expenses incurred by a staff commission under this section and not recovered from a relevant authority shall be paid by the Secretary of State out of money provided by Parliament.
The Secretary of State may by order provide for the winding up of any staff commission established under this section.
A direction under this section may be varied or revoked by a subsequent direction.
In this section “relevant authority” means—
a local authority; or
a residuary body established under section 17.
Where an order under this Chapter transfers the functions of district councils in relation to any area to a council for a county consisting of that area, the county council—
shall, for any financial year beginning at the same time as or after that transfer, be a billing authority for the purposes of Part 1 of the Local Government Finance Act 1992 (c. 14) in relation to the area;
shall not, for any such year, be a major precepting authority for those purposes.
This section does not limit any power to make provision by order under this Chapter or any power to make incidental, consequential, transitional or supplementary provision in connection with the provisions of any such order.
In this section “financial year” means 12 months beginning with 1 April.
Supplementary
Where—the Secretary of State may rectify the mistake by order under this section.
an order under any provision of this Chapter has been made by the Secretary of State, and
the Secretary of State is satisfied that there is a mistake in the order which cannot be rectified by a subsequent order made under that provision by virtue of section 14 of the Interpretation Act 1978 (c. 30) (power to amend),
For the purposes of this section, a “mistake” in an order includes a provision contained in or omitted from the order in reliance on inaccurate or incomplete information supplied by any public body.
In subsection (2) “public body” includes a parish council.
In this section a “pre-commencement invitation” means an invitation given by the Secretary of State before the commencement of this Chapter which, after that commencement, could have been given under the power in section 2.
If before the commencement of this Chapter—it is immaterial that the invitation or guidance was given, the proposal made, or the consultation carried out, before rather than after the commencement of this Chapter.
a pre-commencement invitation was given,
guidance as to what a proposal should seek to achieve, or as to matters that should be taken into account in formulating a proposal, was given by the Secretary of State in connection with such an invitation,
a proposal was made in response to such an invitation, or
consultation was carried out by the Secretary of State in relation to such a proposal,
Accordingly (and without prejudice to the generality of subsection (2))—
any reference in this Chapter to an invitation under section 2 includes a pre-commencement invitation;
any reference in this Chapter to a proposal made by virtue of section 2 includes a proposal (whenever made) made in response to a pre-commencement invitation;
any reference in this Chapter to the Secretary of State's receiving a proposal in response to an invitation under section 2 includes his receiving before the commencement of this Chapter a proposal made in response to a pre-commencement invitation.
Schedule 1 (amendments consequential on this Chapter) has effect.
In this Chapter—...“local authority” means a county council in England, a district council in England or a London borough council;“local government area” means a county in England, a district in England or a London borough;“the Local Government Boundary Commission” means the Local Government Boundary Commission for England;“principal authority” has the meaning given by section 1;“public body” includes—a local authority; a police authority; a residuary body established under section 17; a joint board, or joint committee, on which a local authority is represented; a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 (c. 41); an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009; a combined authority established under section 103 of that Act; a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.“single-tier” has the meaning given by subsection (2);“staff” includes officers and employees;“two-tier” has the meaning given by subsection (2);“Type A”, “Type B”, “Type C” and “combined”, in relation to a proposal, have the meanings given by section 2.
For the purposes of this Chapter an area is—
“single-tier” if there is a single tier of local government for it (within the meaning of section 1) or it is a London borough; and
“two-tier” if it is—
a district for which there is a district council and in relation to which a county council has the functions of a county council; or
a county for which there is a county council and in which there are districts all of which have district councils.
Any reference in this Chapter to a proposal “in response to” an invitation or direction under section 2 is to a Type A, Type B, Type C or combined proposal which—
is in response to such an invitation or direction; and
is in accordance with the invitation or direction and section 3(4).
Any reference in this Chapter, however framed, to a body affected by an order includes a body—
whose area or functions are affected by the order;
which is to cease to exist in pursuance of the order; or
which is established by or in consequence of the order.
The Secretary of State may direct that, with effect from a date specified in the direction, a relevant authority may not without the written consent of a person or persons so specified—
dispose of any land if the consideration for the disposal exceeds £100,000;
enter into any capital contract—
under which the consideration payable by the relevant authority exceeds £1,000,000; or
which includes a term allowing the consideration payable by the relevant authority to be varied;
enter into any non-capital contract under which the consideration payable by the relevant authority exceeds £100,000, where—
the period of the contract extends beyond a date specified in the direction; or
under the terms of the contract, that period may be extended beyond that date; or
In this Chapter “relevant authority” means a local authority—
which is specified, or of a description specified, in the direction.
In this section—“capital contract” means a contract as regards which the consideration payable by the relevant authority would be capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (c. 26) (capital finance);“non-capital contract” means a contract which is not a capital contract.
A person specified in the direction as a person whose consent is required may be the Secretary of State or such authority or other person as he thinks appropriate; and the direction may specify different persons—
in relation to different matters for which consent is required;
in relation to different relevant authorities or descriptions of relevant authority.
A direction under section 24—
may, in relation to any authority or description of authority, provide that that consent is not required for the inclusion in such a calculation of an amount of financial reserves not exceeding an amount specified in or determined under the direction.
If a direction contains provision by virtue of subsection (1), the reference in section 24(1)(d) to an amount of financial reserves is to be read as a reference to an amount of financial reserves other than an amount permitted by the direction.
In this section “direction” means a direction under section 24.
A consent for the purposes of a direction may be given—
in respect of a particular disposal or contract, or in respect of disposals or contracts of any description;
unconditionally or subject to conditions.
The following enactments have effect subject to any direction—
section 123 of the Local Government Act 1972 (c. 70) (power to dispose of land);
any other enactment relating to the disposal of land by local authorities.
The consent required by a direction is in addition to any consent required by the enactments mentioned in subsection (3)(a) and (b).
Where—the value is to be determined by the Secretary of State.
a question arises in relation to a direction as to the value of any consideration, and
the relevant authority concerned and the person or persons specified under section 24(1) fail to reach agreement,
A direction may be varied or revoked by a subsequent direction.
In determining whether the limit specified in a direction by virtue of section 24(1)(a) is exceeded in the case of a disposal of land by a relevant authority, the consideration with respect to any other disposal of land made after 31 March 2025 by the relevant authority is to be taken into account.
In determining whether a limit specified in a direction by virtue of section 24(1)(b) or (c) is exceeded in the case of a contract entered into by a relevant authority (“the contract in question”), the consideration payable by the relevant authority under any other relevant contract shall be taken into account.
For the purposes of subsection (2) a “relevant contract” means a contract which is either or both—
a contract entered into after 31 March 2025 by the relevant authority and the person with whom the contract in question is entered into;
a contract entered into after that date by the relevant authority which relates to the same or a similar description of matter as that to which the contract in question relates.
A disposal made in contravention of a direction under section 24 is void.
A contract entered into by an authority (“the old authority”) in contravention of a direction under section 24 is not enforceable against a successor.
In subsection (2) a “successor” means a local authority (other than the old authority)—
whose area consists of or includes the whole or part of the area of the old authority.
A contract which apart from this subsection would be a certified contract for the purposes of the Local Government (Contracts) Act 1997 (c. 65) is not a certified contract for those purposes if it is entered into in contravention of a direction under section 24.
If an authority includes financial reserves in a calculation under section 31A(3) of the Local Government Finance Act 1992 (c. 14) in contravention of a direction under section 24, the authority is to be treated for the purposes of section 30(8) of that Act as not having made the calculations required by Chapter 3 of Part 1 of that Act.
If an authority includes financial reserves in a calculation under section 42A(3) of that Act in contravention of a direction under section 24, the authority is to be treated for the purposes of section 40(7) of that Act as not having made the calculations required by Chapter 4 of Part 1 of that Act.
The Secretary of State may by order—
substitute another sum for any sum for the time being specified in section 24(1);
An order under this section may include transitional or saving provision.
In this Chapter—“local authority” means a county council in England, a district council in England or a London borough council;“relevant authority” has the meaning given by section 24(2).
References in this Chapter to disposing of land include references to—
granting or disposing of any interest in land;
entering into a contract to dispose of land or grant or dispose of any such interest;
granting an option to acquire any land or any such interest.
Electoral arrangements
Introductory
For the purposes of this Chapter—
a council is “subject to a scheme for whole-council elections” if all of its councillors are to be elected in each year in which it holds ordinary elections of councillors;
a council is “subject to a scheme for elections by halves” if one-half (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors;
a council is “subject to a scheme for elections by thirds” if one-third (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors.
Power of district councils to change to whole-council elections
A district council in England that is subject to a scheme for elections by halves or by thirds may resolve that it is to be subject instead to the scheme for whole-council elections under section 34.
A resolution under this section is referred to in this Chapter as a “resolution for whole-council elections”.
A council must comply with this section in passing a resolution for whole-council elections.
The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.
The resolution must be passed—
at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and
by a majority of at least two thirds of the members voting on it.
The resolution must specify the year for the first ordinary elections of the council at which all councillors are to be elected.
In the case of a district council for a district in a county for which there is a county council, the year specified under subsection (3A) may not be a county-council-elections year; and here “county-council-elections year” means 2013 and every fourth year afterwards.
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In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.
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On passing a resolution for whole-council elections, a council becomes subject to the following electoral scheme.
Ordinary elections of the councillors of the council are to be held in—
the year specified under section 33(3A) in the resolution, and
every fourth year afterwards.
All councillors are to be elected in each year in which ordinary elections are held.
On the fourth day after ordinary elections are held—
the councillors elected in those elections are to come into office, and
the sitting councillors are to retire.
Ordinary elections of councillors of the council under the previous electoral scheme are to be held in accordance with that scheme in any year that—
is earlier than the year specified under section 33(3A) in the resolution for whole-council elections, and
is a year in which, under the previous electoral scheme, ordinary elections of councillors of the council are due to be held.
In subsection (4A) “the previous electoral scheme” means the scheme for the ordinary elections of councillors of the council that applied to it immediately before it passed the resolution for whole-council elections.
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A council must comply with this section as soon as practicable after passing a resolution for whole-council elections.
The council must produce an explanatory document.
The council must make the explanatory document—
available for public inspection at the council's principal office at all reasonable times, and
available to the public by such other means as the council thinks appropriate.
The council must publicise these matters—
that the council has become subject to the scheme for whole-council elections under section 34;
when elections will first take place in accordance with the scheme;
how the explanatory document is available in accordance with subsection (3);
the address of the council's principal office.
It is for the council to decide how those matters are to be publicised.
An explanatory document is a document which sets out details of the new electoral scheme as it applies to the council.
A council must comply with this section as soon as practicable after passing a resolution for whole-council elections.
The council must give the Local Government Boundary Commission notice that it has passed the resolution.
In this Chapter, “Local Government Boundary Commission” means the Local Government Boundary Commission for England.
Power of district councils to revert to partial-council elections
A non-metropolitan district council in England that—may resolve that it is to revert to being subject to a scheme for elections by halves.
was formerly subject to a scheme for elections by halves, but
is for the time being subject to a scheme for whole-council elections,
For the purposes of this section, a council that is subject to a scheme for whole-council elections was “formerly subject” to a scheme for elections by halves if it was subject to such a scheme at any time in the period beginning with—
1 April 1974, or
if later, the date on which the council was created.
A resolution under this section is referred to in this Chapter as a “resolution for elections by halves”.
A council must comply with this section in passing a resolution for elections by halves.
The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.
The resolution must be passed—
at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and
by a majority of at least two thirds of the members voting on it.
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In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.
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A district council in England that—may resolve that it is to revert to being subject to a scheme for elections by thirds.
was formerly subject to a scheme for elections by thirds, but
is for the time being subject to a scheme for whole-council elections,
For the purposes of this section, a council that is subject to a scheme for whole-council elections was “formerly subject” to a scheme for elections by thirds if it was subject to such a scheme at any time in the period beginning with—
1 April 1974, or
if later, the date on which the council was created.
A resolution under this section is referred to in this Chapter as a “resolution for elections by thirds”.
A council must comply with this section in passing a resolution for elections by thirds.
The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.
The resolution must be passed—
at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and
by a majority of at least two thirds of the members voting on it.
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In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.
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A council must comply with this section as soon as practicable after passing a resolution for elections by halves or a resolution for elections by thirds.
The council must produce an explanatory document.
The council must make the explanatory document—
available for public inspection at the council's principal office at all reasonable times, and
available to the public by such other means as the council thinks appropriate.
The council must publicise these matters—
that the council has resolved to become subject to the new electoral scheme;
that the Local Government Boundary Commission is to make provision by order about the operation of, and transition to, the new electoral scheme;
how the explanatory document is available in accordance with subsection (3);
the address of the council's principal office.
It is for the council to decide how these matters are to be publicised.
An explanatory document is a document which sets out details of the new electoral scheme (so far as the details are known at the time the document is prepared).
A council must comply with this section as soon as practicable after passing a resolution for elections by halves or a resolution for elections by thirds.
The council must give the Local Government Boundary Commission notice that it has passed the resolution.
This section applies if the Local Government Boundary Commission receive notice under section 42 that a council has passed a resolution for elections by halves or a resolution for elections by thirds.
As soon as practicable after receiving the notice, the Local Government Boundary Commission must consider whether to exercise its power under section 56(2) of the Local Democracy, Economic Development and Construction Act 2009 to conduct a review of the district in question (or any part of it).
As soon as practicable after deciding whether or not to conduct such a review, the Local Government Boundary Commission must give the council notice of the decision.
Where the Local Government Boundary Commission receive notice under section 42 that a council has passed a resolution, they must—
But the Local Government Boundary Commission must not make the order—
before it has decided whether or not conduct an electoral review (see section 43(2)), and
if it has decided to conduct such a review, before the review is concluded.
An order for elections by halves in relation to a council must secure that the ordinary elections of councillors of the council are held in years determined in accordance with this section.
Ordinary elections of the councillors of the council are to be held in—
the first relevant year after the year in which the Local Government Boundary Commission makes the order, and
each subsequent year for elections by halves.
In this section—“relevant year” means 2011 and every fourth year afterwards;“year for elections by halves” means 2012 and every second year afterwards.
An order for elections by halves in relation to a council must make provision for the election and retirement of councillors in accordance with this section.
In the case of the ordinary elections held in the year determined in accordance with section 45(2)(a)—
all of the councillors are to be elected;
on the fourth day after the elections are held—
the councillors elected in those elections are to come into office, and
all of the sitting councillors are to retire.
In the case of ordinary elections held subsequently—
one half (or as nearly as may be) of the councillors are to be elected;
on the fourth day after the elections are held—
the councillors elected in those elections are to come into office, and
the specified sitting councillors are to retire.
The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying—
the wards affected;
the councillors affected within particular wards.
In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.
An order for elections by thirds in relation to a council must secure that the ordinary elections of councillors of the council are held in years determined in accordance with this section.
Ordinary elections of the councillors of the council are to be held in—
the first relevant year after the year in which the Local Government Boundary Commission makes the order, and
each subsequent year, unless it is a fallow year.
In this section—“fallow year” means 2013 and every fourth year afterwards;“relevant year” means—in relation to a metropolitan district council: 2014 and every fourth year afterwards; in relation to a non-metropolitan district council: 2011 and every fourth year afterwards.
An order for elections by thirds in relation to a council must make provision for the election and retirement of councillors in accordance with this section.
In the case of the ordinary elections held in the year determined in accordance with section 47(2)(a)—
all of the councillors are to be elected;
on the fourth day after the elections are held—
the councillors elected in those elections are to come into office, and
all of the sitting councillors are to retire.
In the case of ordinary elections held subsequently—
one third (or as nearly as may be) of the councillors are to be elected;
on the fourth day after the elections are held—
the councillors elected in those elections are to come into office, and
the specified sitting councillors are to retire.
The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying—
the wards affected;
the councillors affected within particular wards.
In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.
An order under section 44 (order for elections by halves or for elections by thirds) may include provision about the transition to the council's new electoral scheme.
Provision made by virtue of this section may, in particular, include provision for the retirement of some councillors after their initial election at times different from those otherwise applying, and for identifying which of them are so to retire.
The Local Government Boundary Commission may by order make incidental, consequential, transitional or supplemental provision in connection with provision made by order under section 44 (order for elections by halves or for elections by thirds).
In a case in which—nothing in this Chapter requires the Commission to make any provision in relation to matters dealt with, or to be dealt with, by the Commission in an order under section 59 of the Local Democracy, Economic Development and Construction Act 2009 giving effect to those recommendations.
the Local Government Boundary Commission decides to conduct an electoral review (see section 43(2)), and
pursuant to that review the Commission makes recommendations for electoral changes,
A council must comply with this section as soon as practicable after the Local Government Boundary Commission has made an order under section 44 (order for elections by halves or for elections by thirds) in relation to it.
The council must produce an explanatory document.
The council must make the explanatory document—
available for public inspection at the council's principal office at all reasonable times, and
available to the public by such other means as the council thinks appropriate.
The council must publicise these matters—
that the council has become subject to the new electoral scheme;
how the explanatory document is available in accordance with subsection (3);
the address of the council's principal office.
It is for the council to decide how these matters are to be publicised.
An explanatory document is a document which sets out details of the new electoral scheme.
Power of district councils to alter years of ordinary elections of parish councillors
This section applies if a council passes a resolution under this Chapter.
The council may by order make provision that changes the years in which the ordinary elections of parish councillors for any parish situated in the council's area are to be held.
The power may only be exercised so as to secure that those elections are to be held in years in which ordinary elections of district councillors for a ward in which any part of the parish is situated are to be held.
The order may include transitional provision—
for the retirement of existing parish councillors at times different from those otherwise applying;
for the retirement of some parish councillors after their initial election after the order comes into force at times different from those otherwise applying.
Amendment of existing provisions about schemes for ordinary elections
In section 7 of the Local Government Act 1972 (c. 70) (elections of councillors) omit subsections (4) to (6).
In section 8 of the Local Government Act 1972 (constitution and membership of London borough councils), omit subsections (2) and (3).
In section 86 of the Local Government Act 2000 (c. 22) (power to specify scheme for elections)—
before subsection (1) insert—;
in subsection (1) after “specified council” insert “ in Wales ”.
a local authority makes a request under section 7(4) of the Local Government Act 1972, and
immediately before subsection (1) above comes into force in relation to that authority, the request has not yet been dealt with,
For the purposes of subsection (4) a request under section 7(4) of the 1972 Act is “dealt with” in either of these cases—
if the Secretary of State notifies the local authority that he has decided not to make an order under section 7(6) of the 1972 Act in response to the request;
if the Secretary of State makes an order under section 7(6) in response to the request.
The repeal of section 7(6) or 8(2) of the Local Government Act 1972 or of section 86(1) of the Local Government Act 2000 (so far as it relates to England) does not affect any order made under that provision before its repeal.
Requests for single-member electoral areas in England
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Electoral Commission and Boundary Committee: reviews and recommendations
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Electoral areas in England
Section 6 of the Local Government Act 1972 (c. 70) (term of office and retirement of councillors) is amended as follows.
For subsection (2)(b) substitute—.
For subsection (3) substitute—
A local authority may, by resolution, change the name of any of the authority's electoral areas.
A local authority must comply with subsections (3) to (5) in passing a resolution to change the name of an electoral area.
The local authority must not pass the resolution unless it has taken reasonable steps to consult such persons as it considers appropriate on the proposed name.
The resolution must be passed—
at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and
by a majority of at least two thirds of the members voting on it.
If the name of the electoral area is protected, the resolution may not be passed unless the Local Government Boundary Commission has first agreed to the proposed change.
As soon as practicable after a resolution is passed, the local authority must give notice of the change of name to all of the following—
the Local Government Boundary Commission;
the Boundary Commission for England;
the Office of National Statistics;
the Director General of the Ordnance Survey;
if the local authority is a county council, the district council (if any) within whose area the electoral area lies;
if the local authority is a district council, the county council (if any) within whose area the electoral area lies.
The change of name does not take effect until the Local Government Boundary Commission have been given notice of the change.
For the purposes of this section the name of an electoral area is “protected” if—
that order was made during the period of five years ending with the day on which a resolution to change the name is to be passed.
In subsection (4) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.
In this section—“electoral area”, in relation to a local authority, means any area for which councillors are elected to the authority;“local authority” means—a county council in England; a district council in England; or a London borough council.
Election dates
In section 37 of the Representation of the People Act 1983 (c. 2) (ordinary days of local elections in England and Wales), after subsection (2) insert—
After that section insert—
Schedule 2 (electoral arrangements: consequential amendments) has effect.
Executive arrangements for England
Section 11 of the Local Government Act 2000 (c. 22) is amended in accordance with this section.
For subsection (1) substitute—
In subsection (2) for the words before paragraph (a) substitute—.
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In subsection (3)—
for the words before paragraph (a) substitute—;
in the words after paragraph (b)(ii), for “leader and cabinet executive” substitute “ leader and cabinet executive (Wales) ”.
In subsection (4) for the words before paragraph (a) substitute—.
In subsection (5) for “It” substitute “ In the case of a local authority in England or Wales, the executive ”.
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In subsection (10) for “subsection (3)(a)” substitute “ subsection (2A)(a) or (3)(a) ”.
The Local Government Act 2000 (c. 22) is amended as follows.
For the title of section 14 substitute “ Discharge of functions: general ”.
For section 14(1) substitute—
In section 14(4)—
for “elected mayor” substitute “ senior executive member ”;
for “that member” substitute “ the member who may discharge the function ”.
In section 14(5) for “elected mayor” substitute “ senior executive member ”.
In section 14(6)—
for “an elected mayor” substitute “ a senior executive member ”;
for “the elected mayor” substitute “ the senior executive member ”.
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In section 15—
for the title substitute “ Discharge of functions: leader and cabinet executive (Wales) ”;
in subsection (1) for “leader and cabinet executive” substitute “ leader and cabinet executive (Wales) ”.
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Section 34 of the Local Government Act 2000 (c. 22) (referendum following petition) is amended in accordance with subsections (2) to (4).
In subsection (1) for the words from “operate” to the end substitute “ operate a relevant form of executive ”.
After subsection (1) insert—
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Section 39 of the Local Government Act 2000 (elected mayors etc) is amended as follows.
For subsection (5) substitute—
For subsection (6) substitute—
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Section 47 of the Local Government Act 2000 (power to make incidental, consequential provision etc) is amended as follows.
After subsection (3) insert—
Section 45 of the Local Government Act 2000 (c. 22) (provision with respect to referendums) is amended as follows.
For subsection (1) substitute—
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Section 45 as amended by subsection (1) applies to referendums held before, and referendums held after, this section comes into force.
Section 48 of the Local Government Act 2000 (c. 22) is amended as follows.
In subsection (1) in the definition of “executive leader”, for “section 11(3)(a)” substitute “ section 11(2A)(a) or (3)(a) ”.
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This section applies to a local authority if—
the authority is operating alternative arrangements, and
the resident population of the authority's area on 30th June 1999 was 85,000 or more.
The local authority must draw up proposals for—
ceasing to operate alternative arrangements, and
starting to operate executive arrangements which provide for a leader and cabinet executive (England).
The proposals must include all of the following—
a statement of the extent to which the functions specified in regulations under section 13(3)(b) of the Local Government Act 2000 are to be the responsibility of the leader and cabinet executive (England);
a timetable with respect to the implementation of the proposals;
details of any transitional arrangements which are necessary for the implementation of the proposals.
The timetable must be such as to ensure that the local authority will make the proposed move to executive arrangements no later than the day of the authority's annual meeting in 2009.
After drawing up the proposals, the local authority must—
secure that copies of a document setting out the proposals are available at the authority's principal office for inspection by members of the public at all reasonable times, and
publish in one or more newspapers circulating in its area a notice which—
states that the authority has drawn up the proposals,
describes the main features of the proposals,
states that copies of a document setting out the proposals are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and
specifies the address of the principal office.
A resolution of the local authority is required in order for the authority to adopt the proposed leader and cabinet executive (England).
Section 29(2) of the Local Government Act 2000 (c. 22) applies to a resolution under subsection (6) as it applied to a resolution to operate executive arrangements.
If the local authority passes the resolution under subsection (6), the authority must make the move to the proposed leader and cabinet executive (England) in accordance with the timetable in the proposals.
Executive arrangements which come into operation in accordance with this section are to be treated as being operated after the passing of a resolution of the local authority under section 33F of the Local Government Act 2000.
In complying with this section, the local authority must comply with any directions given by the Secretary of State in connection with this section.
For the purposes of this section the resident population of any area on 30th June 1999 is to be taken to be the Registrar General's estimate of that population on that date.
This section applies if—
section 71 applies to a local authority, and
it appears to the Secretary of State that the local authority will fail to start to operate a leader and cabinet executive (England) by the day of the authority's annual meeting in 2009.
The Secretary of State may by order specify executive arrangements for the local authority which provide for a leader and cabinet executive (England).
The leader and cabinet executive (England) which is provided for under subsection (2) shall come into operation on the day of the local authority's annual meeting in 2009.
Arrangements which the Secretary of State specifies under subsection (2) are to be treated as having been made by the local authority itself.
Arrangements which come into operation in accordance with subsection (3) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the Local Government Act 2000 (c. 22).
As soon as practicable after executive arrangements are specified under subsection (2), the local authority must comply with the following provisions of the Local Government Act 2000—
section 29(2)(a);
section 29(2)(b)(ii) to (v).
Subsection (4) applies to a local authority which—
draws up proposals for a change in those governance arrangements of the kind set out in section 33A of the Local Government Act 2000 (new form of executive).
starts with 1 October 2010, and
ends with 31 December 2010;
Schedule 3 (executives: further amendments) has effect.
Schedule 4 (new arrangements for executives: transitional provision) has effect.
Parishes
The Local Government Act 1972 (c. 70) is amended as follows.
After section 11 insert—
After section 12 insert—
In section 13 (constitution of parish meeting etc) after subsection (5) insert—
In section 14 (constitution and powers of parish council), after subsection (2) insert—
In section 15 (chairman and vice-chairman of parish council or meeting), after subsection (10) insert—
In section 16 (parish councillors), after subsection (5) insert—
Before section 18 (and the cross-heading preceding it) insert—
The Local Government Act 1972 (c. 70) is amended as follows.
In section 15 (chairman and vice-chairman of parish council)—
in subsection (1) after “from among the” insert “ elected ”;
in subsection (6) for “a member” substitute “ one of the elected members ”.
In section 16 (parish councillors), in subsection (1) after “number of” insert “ elected ”.
After section 16 insert—
Section 1 of the Local Government Act 2000 (c. 22) (meaning of local authority in Part 1 of 2000 Act) is amended as follows.
The provision of that section becomes subsection (1) of section 1.
In subsection (1), after paragraph (a)(v) insert—.
After subsection (1) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Key terms used
In undertaking a community governance review the principal council must comply with—
this Chapter, and
the terms of reference of the review.
A district council which is to undertake a community governance review must notify the county council for its area (if any)—
that the review is to be undertaken, and
of the terms of reference of the review (including any modification of those terms).
A community governance petition is a petition for a community governance review to be undertaken.
A petition is not a valid community governance petition unless the conditions in subsections (3) to (6) are met (so far as they are applicable).
The petition must be signed as follows—
if the petition area has fewer than 500 local government electors, the petition must be signed by at least 37.5% of the electors;
if the petition area has between 500 and 2,500 local government electors, the petition must be signed by at least 187 of the electors;
if the petition area has more than 2,500 local government electors, the petition must be signed by at least 7.5% of the electors.
The petition must—
define the area to which the review is to relate (whether on a map or otherwise), and
specify one or more recommendations which the petitioners wish a community governance review to consider making.
If the specified recommendations include the constitution of a new parish, the petition must define the area of the new parish (whether on a map or otherwise).
If the specified recommendations include the alteration of the area of an existing parish, the petition must define the area of the parish as it would be after alteration (whether on a map or otherwise).
If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the petition is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).
A community governance application is an application for a community governance review to be undertaken.
An application is not a valid community governance application unless the conditions in subsections (3) to (7) are met (so far as they are applicable).
The application may be made only by an organisation or body designated as a neighbourhood forum under section 61F of the Town and Country Planning Act 1990.
The application must relate to the whole or any part of an area specified in a neighbourhood development plan made under section 38A of the Planning and Compulsory Purchase Act 2004.
The application must—
define the area to which the review is to relate (whether on a map or otherwise), and
specify one or more recommendations which the applicant wishes a community governance review to consider making.
If the specified recommendations include the constitution of a new parish, the application must define the area of the new parish (whether on a map or otherwise).
If the specified recommendations include the alteration of the area of an existing parish, the application must define the area of the parish as it would be after alteration (whether on a map or otherwise).
If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).
The terms of reference of a community governance review are the terms on which the review is to be undertaken.
The terms of reference of a community governance review must specify the area under review.
to decide the terms of reference of any community governance review which the council is to undertake; and
to decide what modifications (if any) to make to terms of reference.
As soon as practicable after deciding terms of reference, the principal council must publish the terms.
As soon as practicable after modifying terms of reference, the principal council must publish the modified terms.
Undertaking community governance reviews
A principal council may undertake a community governance review.
This section applies if these conditions are met—
a principal council is not in the course of undertaking a community governance review;
the council receives a community governance petition or community governance application which relates to the whole or part of the council's area.
The principal council must undertake a community governance review that has terms of reference that allow for the petition or application to be considered.
But the duty in subsection (2) does not apply if—For further provision about this case, see section 85.
the principal council has concluded a previous community governance review within the relevant two-year period, and
in the council's opinion the petition area or application area covers the whole or a significant part of the area to which the previous review related.
This section applies if the following conditions are met—
a principal council is in the course of undertaking a community governance review of part of the council's area (“the current review”);
the council receives a community governance petition or community governance application which relates to part of the council's area;
the petition area or application area is wholly outside the area under review.
The principal council must follow one of the options in subsection (4), (5) or (6).
But the duty in subsection (2) does not apply if—For further provision about this case, see section 85.
the principal council has concluded a previous community governance review within the relevant two-year period, and
in the council's opinion the petition area or application area covers the whole or a significant part of the area to which the previous review related.
The first option mentioned in subsection (2) is for the principal council to modify the terms of reference of the current review so that they allow for the petition or application to be considered.
The second option is for the principal council to undertake a community governance review that—
is separate from the current review, and
has terms of reference that allow for the petition or application to be considered.
The third option is for the principal council to—
modify the terms of reference of the current review,
undertake a community governance review that is separate from the current review (“the new review”), and
secure that (when taken together)—allow for the petition or application to be considered.
the terms of reference of the current review (as modified), and
the terms of reference of the new review,
In any of the following cases where a principal council receive a community governance petition or community governance application, it is for the council to decide what action (if any) to take under section 82 (power to undertake review) or 81(4)(b) (power to modify terms of review) in response to that petition or application.
The first case is where—
section 83 applies (no review being undertaken when petition or application received), but
The second case is where—
section 84 applies (review being undertaken when petition or application received: petition area or application area wholly outside area under review), but
The third case is where these conditions are met—
a principal council is in the course of undertaking a community governance review of part of the council's area;
the council receives a community governance petition or community governance application which relates to part of the council's area;
the petition area or application area is not wholly outside the area under review.
The fourth case is where these conditions are met—
a principal council is in the course of undertaking a community governance review of part of the council's area;
the council receives a community governance petition or community governance application which relates to the whole of the council's area.
The fifth case is where these conditions are met—
a principal council is in the course of undertaking a community governance review of the whole of the council's area;
the council receives a community governance petition or community governance application which relates to the whole or part of the council's area.
Reorganisation of community governance
This section applies if a community governance review is undertaken.
The principal council may, by order, give effect to the recommendations made in the review (except recommendations made to the Local Government Boundary Commission in accordance with section 92).
But such an order may not include provision giving effect to any recommendations to change protected electoral arrangements, unless the Local Government Boundary Commission agrees to that provision.
An order under this section must include a map showing in general outline the area affected by the order.
An order under this section may vary or revoke a provision of an order previously made under—
this section,
Part 1 of this Act,
section 59 of the Local Democracy, Economic Development and Construction Act 2009,
section 17 of the Local Government Act 1992 (c. 19), or
For the purposes of this section electoral arrangements are “protected” if—
the electoral arrangements relate to the council of an existing parish,
that order was made during the period of five years ending with the day on which the community governance review starts.
Recommendations of review
A community governance review must make recommendations as to what new parish or parishes (if any) should be constituted in the area under review.
A new parish is constituted in any one of the following ways—but the aggregation of one or more unparished areas with a single parish is not the constitution of a new parish.
by establishing an unparished area as a parish;
by aggregating one or more unparished areas with one or more parished areas;
by aggregating parts of parishes;
by amalgamating two or more parishes;
by separating part of a parish;
For the purposes of subsection (2)—“parished area” means an area which—is a parish, or is part of a parish;“unparished area” means an area which—is not a parish, and is not part of a parish.
The following subsections apply if the review recommends that a new parish should be constituted.
The review must also make recommendations as to the name of the new parish.
The review must also make recommendations as to whether or not the new parish should have a parish council.
The review must also make recommendations as to whether or not the new parish should have one of the alternative styles.
A community governance review must make the following recommendations in relation to each of the existing parishes under review (if any).
The review must make one of the following recommendations—
recommendations that the parish should not be abolished and that its area should not be altered;
recommendations that the area of the parish should be altered;
recommendations that the parish should be abolished.
The review must make recommendations as to whether or not the name of the parish should be changed.
The review must make one of the following recommendations—
if the parish does not have a council: recommendations as to whether or not the parish should have a council;
if the parish has a council: recommendations as to whether or not the parish should continue to have a council.
But the review may not make any recommendations for the parish—
to begin to have an alternative style (if it does not already have one), or
to cease to have an alternative style, or to have a different alternative style, (if it already has one).
In this section—
“existing parishes under review” means each of the parishes (if any) which are already in existence in the area under review;
references to the alteration of an area of a parish are references to any alteration which is not the constitution of a new parish (within the meaning of section 87(2)).
This section applies if, under a relevant provision, a community governance review makes recommendations that a parish should have a parish council.
The review must also make recommendations as to what electoral arrangements should apply to the council.
These are the relevant provisions for the purposes of this section—
section 87 (new parishes);
section 88 (existing parishes)
This section applies if, under a section 88, a community governance review makes recommendations that a parish should continue to have a parish council.
The review must also make recommendations as to what changes (if any) should be made to the electoral arrangements that apply to the council.
A community governance review may make recommendations as to whether or not grouping or de-grouping provision should be made.
If the review recommends that grouping or de-grouping provision should be made, those recommendations must in particular include recommendations as to what changes (if any) should be made to the electoral arrangements that apply to any council affected by the provision.
The reference to grouping or de-grouping provision is a reference to provision equivalent to the provision of an order under section 11 of the Local Government Act 1972 (c. 70).
This section applies if a community governance review makes recommendations under any other provision of this Chapter.
The review may make recommendations to the Local Government Boundary Commission as to what related alteration (if any) should be made to the boundaries of the electoral areas of any affected principal council.
The Local Government Boundary Commission may by order give effect to recommendations made under subsection (2).
The Local Government Boundary Commission must notify each relevant principal council of whether or not the Commission have given effect to recommendations made under subsection (2).
If the Local Government Boundary Commission have given effect to the recommendations, they must also send each relevant principal council two copies of the order under this section.
In this section—“affected principal council” means any principal council whose area the community governance review relates to (including the council carrying out the review);“related” means related to the other recommendations made under this Chapter.“relevant principal council”, in relation to recommendations under subsection (2), means—the principal council that made the recommendations, and if the recommendations are made by a district council for an area for which there is a county council, the county council.
Duties of council undertaking review
The principal council must comply with the duties in this section when undertaking a community governance review.
But, subject to those duties, it is for the principal council to decide how to undertake the review.
The principal council must consult the following—
the local government electors for the area under review;
any other person or body (including a local authority) which appears to the principal council to have an interest in the review.
The principal council must have regard to the need to secure that community governance within the area under review—
reflects the identities and interests of the community in that area, and
is effective and convenient.
In deciding what recommendations to make, the principal council must take into account any other arrangements (apart from those relating to parishes and their institutions)—for the purposes of community representation or community engagement in respect of the area under review.
that have already been made, or
that could be made,
The principal council must take into account any representations received in connection with the review.
As soon as practicable after making any recommendations, the principal council must—
publish the recommendations; and
take such steps as it considers sufficient to secure that persons who may be interested in the review are informed of those recommendations.
The principal council must conclude the review within the period of 12 months starting with the day on which the council receives the community governance petition or community governance application.
This section applies where a community governance review is required to make any of the following recommendations—
recommendations under section 87(6) as to whether or not a new parish should have a parish council;
recommendations under section 88(4)(a) as to whether or not an existing parish should have a parish council.
If the parish has 1,000 or more local government electors, the review must recommend that the parish should have a council.
If the parish has 150 or fewer local government electors, the review must recommend that the parish should not have a council.
But subsection (3) does not apply if any part of the parish mentioned in subsection (1) is currently—
a parish which has a council, or
part of such a parish.
If neither subsection (2) nor (3) applies, it is for the principal council to decide whether or not the parish should have a council.
This section applies to the principal council when deciding a recommendation of a kind listed in the following table.
The principal council must consider the questions in subsection (3) when deciding whether to recommend that a parish should, or should not, be or continue to be divided into wards for the purpose of electing councillors.
Those questions are—
whether the number, or distribution, of the local government electors for the parish would make a single election of councillors impracticable or inconvenient;
whether it is desirable that any area or areas of the parish should be separately represented on the council.
If the principal council decides to recommend that a parish should be divided into wards, the principal council must have regard to the factors in subsection (5) when considering—
the size and boundaries of the wards, and
the number of councillors to be elected for each ward.
Those factors are—
the number of local government electors for the parish;
any change in the number, or distribution, of the local government electors which is likely to occur in the period of five years beginning with the day when the review starts;
the desirability of fixing boundaries which are, and will remain, easily identifiable;
any local ties which will be broken by the fixing of any particular boundaries.
If the principal council decides to recommend that a parish should not be divided into wards, the principal council must have regard to the factors in subsection (7) when considering the number of councillors to be elected for the parish.
Those factors are—
the number of local government electors for the parish;
any change in that number which is likely to occur in the period of five years beginning with the day when the review starts.
Publicising outcome of review
This section applies if a community governance review is undertaken.
As soon as practicable after a principal council has decided to what extent it will give effect to the recommendations made in a community governance review, the council must—
publish—
that decision, and
the council's reasons for making that decision; and
take such steps as the council considers sufficient to secure that persons who may be interested in the review are informed of that decision and those reasons.
The following subsections apply if the council makes a reorganisation order.
As soon as practicable after making the order, the council must deposit at its principal office—
a copy of the reorganisation order, and
a map which shows the effects of the order in greater detail than the map included in the order.
The council must make the copy of the order and the map available for public inspection at all reasonable times.
The council must publicise that the order and map are available for public inspection in accordance with subsection (5).
As soon as practicable after making the order, the principal council must inform all of the following that the order has been made—
the Secretary of State;
the Local Government Boundary Commission;
the Office of National Statistics;
the Director General of the Ordnance Survey;
any other principal council whose area the order relates to.
Miscellaneous
The Secretary of State may by regulations of general application make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, reorganisation orders.
Regulations under this section are to have effect subject to any provision made by a reorganisation order.
If a principal council makes a reorganisation order, the council must send—
two copies of the order to the Secretary of State; and
two copies of the order to the Local Government Boundary Commission.
If the Secretary of State makes regulations under section 97, he must send two copies of the regulations to the Local Government Boundary Commission.
A reorganisation order may include such incidental, consequential, transitional or supplementary provision as may appear to the principal council to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.
A reorganisation order, or regulations under section 97, may include any of the following provision—
provision with respect to the transfer and management or custody of property (whether real or personal);
provision with respect to the transfer of functions, property, rights and liabilities.
Provision made under subsection (4)(b) may include any of the following—
provision for legal proceedings commenced by or against any body to be continued by or against a body to whom functions, property, rights or liabilities are transferred;
provision for the transfer of staff, compensation for loss of office, pensions and other staffing matters;
provision for treating any body to whom a transfer is made for some or all purposes as the same person in law as the body from whom the transfer is made.
A reorganisation order, or regulations under section 97, may include provision for the exclusion or modification of the application of any of the following—
section 16(3) or 90 of the Local Government Act 1972 (c. 70), or
rules under section 36 of the Representation of the People Act 1983 (c. 2), whenever made.
An order under section 92 may include such incidental, consequential, transitional or supplementary provision as may appear to the Local Government Boundary Commission to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.
Any public bodies affected by a reorganisation of community governance may from time to time make agreements with respect to—
any property, income, rights, liabilities and expenses (so far as affected by the order) of the parties to the agreement;
any financial relations between the parties to the agreement.
Such an agreement may in particular provide—
for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;
for the making of payments by any party to the agreement in respect of—
property, rights and liabilities so transferred or retained;
such joint use; or
the remuneration or compensation payable to any person;
for any such payment to be made by instalments or otherwise;
for interest to be charged on any such instalments.
In default of agreement about any disputed matter, the matter is to be referred to the arbitration of a single arbitrator—
agreed on by the parties; or
in default of agreement, appointed by the Secretary of State.
The arbitrator's award may make any provision that could be contained in an agreement under this section.
In this section—“disputed matter” means any matter that—could be the subject of provision contained in an agreement under this section; and is the subject of a dispute between two or more public bodies that is not resolved by or under any order or regulations under this Chapter;“public body” has the same meaning as in section 16;“reorganisation of community governance” means any changes made by giving effect to a community governance review.
The Secretary of State may issue guidance about undertaking community governance reviews.
The Secretary of State may issue guidance about giving effect to recommendations made in community governance reviews.
A principal council must have regard to guidance issued under this section.
Schedule 5 (consequential amendments) has effect.
This section applies for the purposes of this Chapter.
The following expressions have the meanings given—“alternative style” has the same meaning as in sections 9 to 16A of the Local Government Act 1972 (c. 70) (see section 17A of that Act);“application area” means the area to which a community governance application relates;“area under review”, in relation to a community governance review, means however much of the area of a principal council is subject to the review;“community governance application” has the meaning given by section 80A“community governance petition” has the meaning given by section 80;“community governance review” has the meaning given by section 79;“electoral arrangements”, in relation to a parish council, means all of the following—the year in which ordinary elections of councillors are to be held; the number of councillors to be elected to the council, or (in the case of a common council) the number of councillors to be elected to the council by each parish; the division (or not) of the parish, or (in the case of a common council) any of the parishes, into wards for the purpose of electing councillors; the number and boundaries of any such wards; the number of councillors to be elected for any such ward; the name of any such ward;“local government elector” has the same meaning as in the Local Government Act 1972 (see section 270);“Local Government Boundary Commission” means the Local Government Boundary Commission for England.“petition area” means the area to which a community governance petition relates;“principal council” means—a district council in England, a county council in England for an area in which there are no district councils, or a London borough council;“reorganisation order” means an order under section 86;“relevant two-year period”, in relation to receipt of a community governance petition or community governance application, means the period of two years ending with the day on which the petition or application is received by the principal council;“specified recommendations”, in relation to a community governance petition or community governance application, means the recommendations—specified in the petition or application, or treated by section 80 as included in the recommendations specified in the petition or treated by section 80A as included in the recommendations specified in the application;“terms of reference” has the meaning given by section 81.
A principal council “begins” a community governance review when the council publishes the terms of reference of the review.
A principal council “concludes” a community governance review when the council publishes the recommendations made in the review.
A principal council is “in the course of undertaking” a community governance review in the period between—
beginning the review, and
concluding the review.
The terms of reference of a community governance review “allow for a community governance petition or community governance application to be considered” if the terms of reference of the review are such that—
the area under review includes the whole of the petition area or application area; and
the recommendations to be considered by the review include all of the petition’s or application’s specified recommendations.
Co-operation of English authorities with local partners, etc
For the purposes of this Chapter, each of the following is a responsible local authority—
a county council in England;
a district council in England, other than a council for a district in a county for which there is a county council;
a London borough council;
the Council of the Isles of Scilly;
the Common Council of the City of London in its capacity as a local authority.
For the purposes of this Chapter, each of the following is a partner authority in relation to a responsible local authority—
any person mentioned in subsection (2) who acts or is established for an area which, or any part of which, coincides with or falls within the responsible local authority's area;
any person mentioned in subsection (3) who provides services at or from a hospital or other establishment or facility which falls within the responsible local authority's area; and
any person mentioned in subsection (4).
The persons referred to in subsection (1)(a) are—
any district council which is not a responsible local authority;
a fire and rescue authority;
a National Park authority;
the Broads Authority;
a local policing body;
a chief officer of police;
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a waste disposal authority established under section 10 of the Local Government Act 1985 (c. 51);
an Integrated Transport Authority for an integrated transport area in England;
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
a combined authority established under section 103 of that Act;
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
Transport for London;
an integrated care board;
NHS England;
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a local probation board established by section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);
a youth offending team established under section 39 of the Crime and Disorder Act 1998 (c. 37).
The persons referred to in subsection (1)(b) are—
a National Health Service trust;
an NHS foundation trust.
The persons referred to in subsection (1)(c) are—
the Arts Council of England;
the English Sports Council;
the Environment Agency;
the Health and Safety Executive;
the Office for Nuclear Regulation;
the Historic Buildings and Monuments Commission;
the Homes and Communities Agency;
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the Museums, Libraries and Archives Council;
Natural England;
the Secretary of State, but only in relation to—
his functions under section 2 of the Employment and Training Act 1973 (c. 50) (arrangements with respect to obtaining etc employment or employees);
functions which he has as highway authority by virtue of section 1 of the Highways Act 1980 (c. 66);...
functions which he has as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984 (c. 27).
In this section, “fire and rescue authority” means—
a fire and rescue authority constituted by—
a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21); or
a scheme to which section 4 of that Act applies;
a fire and rescue authority created by an order under section 4A of that Act;
a metropolitan county fire and rescue authority; or
the London Fire Commissioner.
The Secretary of State's functions under this Chapter as a partner authority of a local authority in relation to the functions referred to in subsection (4)(i)(iv) are functions to which section 2(1)(c) of the Offender Management Act 2007 (functions to be performed through arrangements under section 3 of that Act) applies.
In subsection (1)(a), references to the area for which a person acts or is established are references—
in the case of the Commissioner of Police of the Metropolis, to the metropolitan police district (within the meaning of the Police Act 1996 (c. 16));
in the case of the Commissioner of the City of London Police, to the City of London police area (within the meaning of that Act);
in the case of any other chief officer of police, to the police area listed in Schedule 1 to that Act for which his police force is maintained;
in the case of Transport for London, Greater London.
The Secretary of State may by order—
amend subsection (2), (3) or (4) by—
adding to it any person who has functions of a public nature;
removing from it any person for the time being mentioned in it; or
adding to subsection (4)(i) any function of the Secretary of State or removing from it any function for the time being mentioned in it; and
make such other amendments of this section as appear to him to be necessary or expedient in consequence of provision made under paragraph (a).
Before making an order under subsection (7) the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
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Part 1 of the Local Government Act 2000 (promotion of economic, social or environmental well-being etc) is amended as follows.
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In section 6 (power to modify enactments concerning plans etc)—
in subsection (1), at the end insert “so far as that enactment has effect in relation to a local authority in England”;
in subsection (2)(a) and (b), after “authorities” insert “ in England ”;
in subsection (2)(c), after “authority” insert “ in England ”; and
omit subsections (5) and (6).
In section 7 (power to modify enactments concerning plans etc: Wales)—
in subsection (1)—
for “the National Assembly for Wales” substitute “ the Welsh Ministers ”; and
for “to which subsection (2) applies” substitute “ (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter ”;
omit subsection (2);
in subsection (4), for “the National Assembly for Wales considers” substitute “ the Welsh Ministers consider ”; and
omit subsection (6).
At the end of that section insert—.
in subsection (2), for “the National Assembly for Wales” substitute “ the Welsh Ministers ”; and
in subsection (3)(d), for “the National Assembly for Wales” substitute “ the Welsh Ministers ”.
After section 9 insert—
An assessment of relevant needs must be prepared in relation to the area of each responsible local authority.
A further assessment of relevant needs in relation to the area of a responsible local authority—
must be prepared if the Secretary of State so directs; and
may be prepared at any time.
A direction under subsection (2)(a) may be revoked.
It is for—to prepare any assessment of relevant needs under this section in relation to the area of the responsible local authority.
the responsible local authority, and
each of its partner integrated care boards,
The responsible local authority must publish each assessment of relevant needs prepared under this section in relation to its area.
The responsible local authority must give a copy of each assessment of relevant needs prepared under this section to any integrated care partnership established under section 116ZA whose area coincides with or includes the whole or part of the area of the responsible local authority.
For the purposes of this section, there is a relevant need in relation to so much of the area of a responsible local authority as falls within the area of a partner integrated care board if there appears to the responsible local authority and the partner integrated care board to be a need or to be likely to be a need to which subsection (7) applies.
This subsection applies to a need—
which—
is capable of being met to a significant extent by the exercise by the responsible local authority of any of its functions; and
could also be met, or could otherwise be affected, to a significant extent by the exercise by the partner integrated care board or NHS England of any of its functions; or
which—
is capable of being met to a significant extent by the exercise by the partner integrated care board or NHS England of any of its functions; and
could also be met, or could otherwise be affected, to a significant extent by the exercise by the responsible local authority of any of its functions.
In preparing an assessment under this section, the responsible local authority and each of its partner integrated care boards must—
co-operate with one another;
have regard to any guidance issued by the Secretary of State;
involve the Local Healthwatch organisation for the area of the responsible local authority;
involve the people who live or work in that area; and
if the responsible local authority is a county council, involve each relevant district council.
In preparing an assessment under this section, the responsible local authority or a partner integrated care board may consult any person it thinks appropriate.
In this section—“partner integrated care board”, in relation to a responsible local authority, means any integrated care board whose area coincides with or falls wholly or partly within the area of the authority;“relevant district council” means—in relation to a responsible local authority, any district council which is a partner authority of it; and in relation to a partner integrated care board of a responsible local authority, any district council which is a partner authority of the responsible local authority and whose district falls wholly or partly within the area of the integrated care board.
An integrated care board and each responsible local authority whose area coincides with or falls wholly or partly within the board’s area must establish a joint committee for the board’s area (an “integrated care partnership”).
The integrated care partnership for an area is to consist of—
one member appointed by the integrated care board,
one member appointed by each of the responsible local authorities, and
any members appointed by the integrated care partnership.
An integrated care partnership may determine its own procedure (including quorum).
An integrated care partnership must prepare a strategy (an “integrated care strategy”) setting out how the assessed needs in relation to its area are to be met by the exercise of functions of—
the integrated care board for its area,
NHS England, or
the responsible local authorities whose areas coincide with or fall wholly or partly within its area.
In preparing a strategy under this section, an integrated care partnership must, in particular, consider the extent to which the needs could be met more effectively by the making of arrangements under section 75 of the National Health Service Act 2006 (rather than in any other way).
In preparing a strategy under this section, an integrated care partnership must have regard to—
the mandate published by the Secretary of State under section 13A of the National Health Service Act 2006, and
any guidance issued by the Secretary of State.
In preparing a strategy under this section, an integrated care partnership must—
involve the Local Healthwatch organisations whose areas coincide with or fall wholly or partly within its area, and
involve the people who live or work in that area.
An integrated care partnership may include in a strategy under this section a statement of its views on how arrangements for the provision of health-related services in its area could be more closely integrated with arrangements for the provision of health services and social care services in that area.
Each time that an integrated care partnership receives an assessment of relevant needs under section 116(5A) it must—
consider whether the current integrated care strategy should be revised, and
if so, prepare a revised integrated care strategy under subsection (1).
An integrated care partnership must—
publish each integrated care strategy, and
give a copy of each integrated care strategy to—
each responsible local authority whose area coincides with or falls wholly or partly within its area, and
each partner integrated care board of those responsible local authorities.
In this section—
“assessed needs”, in relation to the area of an integrated care partnership, means the needs assessed under section 116 in relation to the areas of the responsible local authorities so far as those needs relate to the integrated care partnership’s area;
“partner integrated care board”, in relation to a responsible local authority, has the same meaning as in section 116;
“health services”, “health-related services” and “social care services” have the same meaning as in section 195 of the Health and Social Care Act 2012.
This section applies where a responsible local authority and each of its partner integrated care boards receive an integrated care strategy under section 116ZB(7)(b).
The responsible local authority and each of its partner integrated care boards must prepare a strategy (“a joint local health and wellbeing strategy”) setting out how the assessed needs in relation to the responsible local authority’s area are to be met by the exercise of functions of—
the responsible local authority,
its partner integrated care boards, or
NHS England.
But the responsible local authority and its partner integrated care boards need not prepare a new joint local health and wellbeing strategy if, having considered the integrated care strategy, they consider that the existing joint local health and wellbeing strategy is sufficient.
In preparing a strategy under this section, the responsible local authority and each of its partner integrated care boards must, in particular, consider the extent to which the assessed needs could be met more effectively by the making of arrangements under section 75 of the National Health Service Act 2006 (rather than in any other way).
In preparing a strategy under this section, the responsible local authority and each of its partner integrated care boards must have regard to—
the integrated care strategy prepared under section 116ZB,
the mandate published by the Secretary of State under section 13A of the National Health Service Act 2006, and
any guidance issued by the Secretary of State.
In preparing a strategy under this section, the responsible local authority and each of its partner integrated care boards must—
involve the Local Healthwatch organisation for the area of the responsible local authority, and
involve the people who live or work in that area.
The responsible local authority must publish each strategy prepared by it under this section.
The responsible local authority and each of its partner integrated care boards may include in the strategy a statement of their views on how arrangements for the provision of health-related services in the area of the local authority could be more closely integrated with arrangements for the provision of health services and social care services in that area.
In this section and section 116B—
“partner integrated care board”, in relation to a responsible local authority, has the same meaning as in section 116,
“assessed needs”, in relation to the area of a local authority, means the needs assessed in relation to its area under section 116, and
“health services”, “health-related services” and “social care services” have the same meaning as in section 195 of the Health and Social Care Act 2012.
A responsible local authority and each of its partner integrated care boards must, in exercising any functions, have regard to the following so far as relevant—
any assessment of relevant needs prepared under section 116 in relation to the responsible local authority’s area,
any integrated care strategy prepared under section 116ZB in relation to an area that coincides with or includes the whole or part of the responsible local authority’s area, and
any joint local health and wellbeing strategy prepared under section 116A by the responsible local authority and its partner integrated care boards.
NHS England must, in exercising any functions in arranging for the provision of health services in relation to the area of a responsible local authority, have regard to the following so far as relevant—
any assessment of relevant needs prepared under section 116 in relation to that area,
any integrated care strategy prepared under section 116ZB in relation to an area that coincides with or includes the whole or part of that area, and
any joint local health and wellbeing strategy prepared under section 116A by the responsible local authority and its partner integrated care boards.
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The Offender Management Act 2007 (c. 21) is amended as follows.
In paragraph 5 of Schedule 3 (which adds functions of the Secretary of State in relation to probation services to the functions in relation to which the Secretary of State is a partner authority)—
in sub-paragraph (2), for “subsection (3)(g)” substitute “ subsection (4)(i) ”; and
in sub-paragraph (3), in the inserted subsection (5A), for “subsection (3)(g)(iv)” substitute “ subsection (4)(i)(iv) ”.
In Part 1 of Schedule 5 (repeals relating to probation services), in the entry relating to this Act—
for “(g)(ii)” substitute “ (i)(ii) ”.
After section 21 of the Local Government Act 2000 (c. 22) insert—
In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees), in subsection (13), before “and” immediately following paragraph (a) insert—.
In subsection (14) of that section, for the words following “mentioned in” substitute “ paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph ”.
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In section 20 of the Police and Justice Act 2006 (c. 48) (guidance and regulations regarding crime and disorder matters), after subsection (6) insert—
In subsection (7) of that section, for “and “co-operating persons and bodies”” substitute “, “ co-operating persons and bodies ”, “ crime and disorder functions ” and “ local crime and disorder matters ””.
In section 244 of the National Health Service Act 2006 (c. 41) (functions of overview and scrutiny committees), after subsection (2) insert—
In section 22 of that Act (access to information etc), after subsection (12) insert—
The Secretary of State may by regulations make provision under which any two or more local authorities in England may—
appoint a joint committee (a “joint overview and scrutiny committee”), and
arrange for the committee to exercise any functions in subsection (2).
The functions in this subsection are functions of making reports or recommendations to—about any matter which is not an excluded matter.
any of the local authorities appointing the committee (the “appointing authorities”), or
if any of the appointing authorities is a non-unitary district council, the related county council,
In subsection (2) “excluded matter” means any matter with respect to which a crime and disorder committee could make a report or recommendations—
by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny crime and disorder matters), or
by virtue of subsection (3)(a) of that section.
In subsection (2) references to making reports or recommendations to a local authority include, in the case of a local authority operating executive arrangements under Part 2 of the Local Government Act 2000, making reports or recommendations to its executive.
Regulations under this section may in particular—
provide for arrangements to be made only in circumstances, or subject to conditions or limitations, specified in the regulations;
in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of—with or without modifications;
sections 21A to 21D of that Act, or
make provision as to information which an associated authority of any appointing authority must provide, or may not disclose, to a joint overview and scrutiny committee (or, if the regulations make provision for the appointment of sub-committees of such a committee, to such a sub-committee).
In subsection (5)(c) “associated authority”, in relation to any appointing authority, means—
in the case of an appointing authority which is a non-unitary district council—
the related county council, and
any person who is a partner authority in relation to the related county council;
in the case of any other appointing authority, any person who is a partner authority in relation to the appointing authority.
In subsection (6) “partner authority” has the same meaning as in Chapter 1 of this Part except that it does not include a local policing body or a chief officer of police.
Regulations under this section may not make provision of a kind mentioned in subsection (5)(c) with respect to information in respect of which provision may be made in exercise of the power conferred by section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters).
Any local authority and any joint overview and scrutiny committee must, in exercising or deciding whether to exercise any function conferred on it by or under this section, have regard to any guidance issued by the Secretary of State.
In this section—“local authority” has the same meaning as in Part 2 of the Local Government Act 2000;“non-unitary district council” means a district council for a district in a county for which there is a county council (and the “related county council”, in relation to a non-unitary district council, means that county council).
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In section 21 of the Local Government Act 2000 (overview and scrutiny committees: authorities operating executive arrangements), at the end insert—
The Police and Justice Act 2006 (c. 48) is amended as follows.
In section 19 (local authority scrutiny of crime and disorder matters), for subsections (3) to (8) substitute—
In subsection (9)(b), for “subsection (1)(b) or (6)” substitute “ this section ”.
In subsection (11)—
after the definition of “crime and disorder functions” insert— “ electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983; ”, and
for the definition of “local crime and disorder matter” substitute—
Section 20 (guidance and regulations regarding crime and disorder matters) is amended as follows.
In subsections (1) and (2), after “under” insert “ or by virtue of ”.
In subsection (5), omit—
paragraph (f); and
sub-paragraphs (i) to (iii) of paragraph (g).
In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees)—
in subsection (2), after “their overview and scrutiny committees” insert “ , and any joint overview and scrutiny committees, ”;
after that subsection insert—;
in subsection (4)—
after “this section” insert “ , sections 21A to 21C ”; and
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omit subsection (8).
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In section 245(3)(b) of the National Health Service Act 2006 (c. 41) (joint overview and scrutiny committees etc)—
in sub-paragraph (i), for “(15)” substitute “ (17) ”; ...
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In section 185(3)(b) of the National Health Service (Wales) Act 2006 (c. 42) (joint overview and scrutiny committees etc)—
in sub-paragraph (i), for “(15)” substitute “ (17) ”; and
after that sub-paragraph insert—.
by virtue of the coming into force of any provision of this Chapter is required to vary its executive arrangements; or
by virtue of the coming into force of any provision of regulations made under section 32 of that Act (alternative arrangements) by virtue of any provision of this Chapter is required to vary its alternative arrangements.
In this section, “alternative arrangements”, “executive arrangements” and “local authority” have the same meanings as in Part 2 of the Local Government Act 2000.
Byelaws
The Local Government Act 1972 (c. 70) is amended as follows.
In section 236 (procedure for byelaws), in subsection (2) (byelaws to which the section does not apply), after “apply to” insert—.
After section 236 insert—
In section 237 (offences against byelaws), after “applies” insert “ and byelaws of a class prescribed by regulations under section 236A ”.
After section 237 of the Local Government Act 1972 (c. 70) insert—
After section 237E of the Local Government Act 1972 (c. 70) (as inserted by section 132) insert—
After section 237C of the Local Government Act 1972 (as inserted by section 130) insert—
After section 237D of the Local Government Act 1972 (c. 70) (as inserted by section 131) insert—
The Police Reform Act 2002 (c. 30) is amended as follows.
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In Schedule 5 (accredited persons)—
in paragraph 1 (power to issue fixed penalty notices), after sub-paragraph (3) insert—;
after paragraph 1 insert—;
in paragraph 2(3) (relevant offence for the purpose of the power to require giving of name and address), after paragraph (aa) insert—;
in paragraph 9ZA (photographing of persons given fixed penalty notices), after “paragraph 1(2)” insert “ or in exercise of the power mentioned in paragraph 1A(3) ”.
After section 236A of the Local Government Act 1972 (inserted by section 129) insert—
Schedule 6 (further amendments of the law relating to byelaws) has effect.
Best value
Best value authorities
In section 1 of the Local Government Act 1999 (c. 27) (best value authorities)—
in subsection (2) (definition of local authority in relation to England), in paragraph (a), for “, a London borough council, a parish council or a parish meeting of a parish which does not have a separate parish council” substitute “ or a London borough council ”;
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in subsection (7) (definition of local authority in Wales), for “, county borough council or community council” substitute “ or county borough council ”.
In section 2(2) of that Act (authorities to which best value duties may be extended), omit paragraph (a) (local precepting authorities).
Schedule 7 (consequential amendments) has effect.
Duties of best value authorities
In section 3 of the Local Government Act 1999 (c. 27) (best value authorities: general duty), for subsection (4) substitute—
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Immediately before section 4 of the Local Government Act 1999 (c. 27) insert “ Duties: Welsh best value authorities ”.
In section 4 of that Act (performance indicators and standards)—
in subsection (1)(a), for “best value authority's” substitute “ Welsh best value authority's ”;
in subsections (1)(b), (3)(a) and (4)(a), for “best value authorities” substitute “ Welsh best value authorities ”;
in subsection (5), for “best value authority” substitute “ Welsh best value authority ”.
In section 6 of that Act (performance plans), in subsection (1), for “best value authority” substitute “ Welsh best value authority ”.
Omit section 5 of the Local Government Act 1999 (best value reviews).
Powers to modify enactments etc
In section 16 of the Local Government Act 1999 (power to modify enactments obstructing compliance with best value duties and confer new powers), after subsection (3A) insert—
In section 97 of the Local Government Act 2003 (c. 26) (power to modify enactments in connection with charging or trading)—
for subsection (7) substitute—;
in subsection (8), for “National Assembly for Wales” substitute “ Welsh Ministers ”.
for “subsection (7)(a)” substitute “ subsection (7A) ”;
in paragraph (d) for “National Assembly for Wales” substitute “ Welsh Ministers ”.
In section 16 of the Local Government Act 1999 (c. 27) (power to modify enactments and confer new powers)—
in the title, after “Power” insert “ of Secretary of State ”;
after subsection (5) insert—
After section 17 of that Act insert—
Until the commencement of section 144(1), in the provisions inserted by this section references to a Welsh best value authority have effect as if they were references to an authority which is a best value authority in Wales for the purposes of Part 1 of the Local Government Act 1999 (c. 27), other than a police authority for a police area in Wales.
Other
In the Local Government Act 2003 (c. 26), after section 36 insert—
Until the commencement of section 144(1), the provisions inserted by this section have effect as if—
the definition of “Welsh best value authority” were omitted; and
references to a Welsh best value authority were references to an authority which is a best value authority in Wales for the purposes of Part 1 of the Local Government Act 1999 (c. 27), other than a police authority for a police area in Wales.
In section 1 of the Local Government Act 1999 (best value authorities), in subsection (6) (best value authorities in Wales)—
for “best value authority in Wales” substitute “ Welsh best value authority ”;
omit paragraph (c) (police authority).
Schedule 8 (minor and consequential amendments) has effect.
Local services: inspection and audit
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Benefits inspections
In section 13 of the Local Government Act 1999 (c. 27) (reports by Audit Commission relating to best value authorities), after subsection (4) insert—
In section 139D of the Social Security Administration Act 1992 (c. 5) (power of Secretary of State to give directions following report), in subsection (1), after paragraph (ba) insert—.
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Interaction with other authorities
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After section 139B of the Social Security Administration Act 1992 (c. 5) insert—
Inspections and audit
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In section 11 of the Local Government Act 1999 (c. 27) (inspectors' powers and duties in connection with best value inspections)—
after subsection (1) insert—;
after subsection (2) insert—;
in subsection (5), after “reasonable excuse” insert “ obstructs the exercise of any power conferred by this section or ”.
Section 10 of the Local Government Act 1999 (inspections) is amended as follows.
Before subsection (1) insert—
In subsection (1), after “may” insert “ , in particular, ”.
Studies and reports etc
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In the Audit Commission Act 1998, omit—
section 35 (studies at request of bodies subject to audit);
section 35A (studies for functional bodies at request of Greater London Authority).
In section 40(1) of the Audit Commission Act 1998 (studies relating to registered social landlords), omit “(other than registered social landlords in Wales)”.
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Omit section 42 of that Act (consultancy services relating to audit of accounts of registered social landlords).
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Miscellaneous
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After section 145C of the Government of Wales Act 1998 (c. 38) insert—
The Public Audit (Wales) Act 2004 (c. 23) is amended as follows.
In section 54 of that Act (restriction on disclosure of information), after subsection (2) insert—
Omit subsection (2A) of that section.
In subsection (3) of that section, for “subsection (2)” substitute “ this section ”.
In subsection (4) of that section—
in paragraph (a), omit “to imprisonment for a term not exceeding six months or” and “or to both;”;
omit paragraph (b).
After that section insert—
Omit section 54A of that Act (disclosure of information by or on behalf of public authorities).
Nothing in this section has effect in relation to a disclosure made before the commencement of this section.
The Commission for Local Administration in England
Section 23 of the Local Government Act 1974 (c. 7) (appointment and removal of Commissioners) is amended as follows.
In subsection (4) (appointment of Commissioners) omit from “after consultation” to the end.
After subsection (4) insert—
For subsection (5) substitute—
In subsection (6) (removal of Commissioners and obligation to vacate office at end of year in which Commissioner attains age of 65) omit from “, and shall in any case vacate office” to the end.
After subsection (6) insert—
Section 23 of the Local Government Act 1974 (appointment and removal of Commissioners) is amended as follows.
For subsections (8) and (9) (allocation of cases by geographic area) substitute—
In subsection (10)(a), for “to accept cases for which they are not responsible” substitute “ to deal with matters for which they do not have responsibility pursuant to subsection (8A) ”.
Section 23A of the Local Government Act 1974 (c. 7) (annual reports) is amended as follows.
In subsection (1), after “functions” insert “ (an “annual report”) ”.
In subsection (2)—
for “The report” substitute “ The annual report ”;
for “their own report” substitute “ their annual report ”.
In subsection (3), for “the report submitted by them under subsection (1) above” substitute “ the annual report ”.
After subsection (3) insert—
Omit subsections (4) and (5) (comments on Commission's annual report).
Before section 25 of the Local Government Act 1974 insert—
Section 25 of the Local Government Act 1974 (c. 7) (authorities subject to investigation) is amended as follows.
In subsection (4), for paragraphs (b) and (c) substitute—
After subsection (4) insert—
In subsection (4A) (Greater London Authority), omit paragraphs (b) and (c).
Omit subsection (4B) (sub-committees of the London Transport Users Committee).
In subsection (5)—
in paragraph (c), after “constituted” insert “ by the authority ”;
in paragraph (d), after first “school” insert “ maintained by the authority ”;
in paragraph (e), after “constituted” insert “ by the authority ”.
After subsection (5) insert—
Section 26 of the Local Government Act 1974 (matters subject to investigation) is amended in accordance with subsections (2) and (3).
For subsection (1) substitute—
Omit subsections (2) to (4) (procedure for making complaints).
In Schedule 5 to that Act (matters not subject to investigation), for paragraph 3 substitute—
After section 26 of the Local Government Act 1974 (c. 7) insert—
In section 27 of that Act (provisions relating to complaints)—
for the title substitute “ Members of the public ”;
in subsection (1), for the words before paragraph (a) substitute “ In this Part of this Act, “member of the public” means an individual or a body of persons, whether incorporated or not, other than— ”;
omit subsection (2).
Section 30 of the Local Government Act 1974 (c. 7) (reports on investigations) is amended as follows.
For subsection (1) substitute—
In subsection (2), for “the complaint” substitute “ a complaint about the matter ”.
In subsection (2AA)(a), for “the duty imposed by subsection (1)(c) above” substitute “ the duty to send a report or statement to the Authority under subsection (1), (1B) or (1C) ”.
Before subsection (3) insert—
In subsection (3), 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 ”.
In subsection (7), 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 ”.
Section 31 of the Local Government Act 1974 (c. 7) (further provisions about reports on investigations) is amended as follows.
For subsection (1) substitute—
For subsection (2B) substitute—
In subsection (3)(b), for “maladministration” substitute “ the maladministration or failure ”.
After section 31A of the Local Government Act 1974 (c. 7) insert—
In section 32 of the Local Government Act 1974 (law of defamation and disclosure of information), after subsection (3) insert—
In section 34 of that Act (interpretation of Part), after subsection (1) insert—
Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) is amended as follows.
In paragraph 1(1) (disqualification for being Local Commissioner)—
in paragraph (a), for “any of the authorities mentioned in section 25(1) of this Act” substitute “ any authority to which Part 3 of this Act applies ”;
in paragraph (b), omit “or is a member (by co-option) of a committee of any of those authorities”.
In paragraph 1(2) (restriction on Local Commissioners conducting cases), for the words from “has been a member of that authority” to the end substitute
For paragraph 2 (disqualification of Local Commissioners for appointment to paid office by authority) substitute—
In Schedule 4 to the Local Government Act 1974 (the Commission) for paragraphs 6 to 8 substitute—
In Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) at the end insert—
Schedule 12 (minor and consequential amendments) has effect.
Ethical standards
Codes of conduct
In section 49 of the Local Government Act 2000 (c. 22) (principles governing conduct of members of relevant authorities), after subsection (2) insert—
In section 50 of that Act (model code of conduct), after subsection (4) insert—
In section 51 of that Act (duty of relevant authorities to adopt codes of conduct), after subsection (4) insert—
In section 52 of that Act (duty to comply with code of conduct), in each of subsections (1) to (4), omit the words “in performing his functions”.
Subsection (6) below applies where immediately before the commencement date a person is a member or co-opted member of a relevant authority and not prevented by any provision of section 52 of that Act from acting as such.
The coming into force of this section shall not have the effect of preventing the person from acting as a member or co-opted member of the relevant authority, but—
he must before the end of the prescribed period give to that authority a written undertaking that he will observe the authority's code of conduct for the time being; and
if he fails to comply with paragraph (a), he shall cease to be a member or co-opted member at the end of that period.
With effect from the commencement date—which is in force immediately before that date shall have effect as if the amendments made by this section had always had effect.
any code of conduct of a relevant authority ...,
Subsection (7) does not affect the operation of any order or code in relation to any time before the commencement date.
In this section the following expressions have the same meanings as in Part 3 of the Local Government Act 2000—“code of conduct”;“co-opted member”;“member of a relevant authority”;“relevant authority”.
References in subsections (6) to (8) to the code of conduct of a relevant authority include, in relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b) of the Local Government Act 2000, those mandatory provisions.
In this section—“the commencement date” means the date this section comes into force;“the prescribed period” means such period, beginning with the commencement date, as may be prescribed for the purposes of subsection (6) by order made by the Secretary of State.
In section 37 of the Local Government Act 2000 (c. 22) (local authority constitution), after subsection (3) insert—
In section 52 of that Act (duty to comply with code of conduct), after subsection (4) insert—
In section 54 of that Act (functions of standards committees), after subsection (3) insert—
Conduct of members of authorities in England: assessment of allegations
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Conduct of local authority members: miscellaneous amendments
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In section 54A of the Local Government Act 2000 (sub-committees of standards committees)—
in subsection (2) omit the words “55 or”;
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In section 73 of that Act (matters referred to monitoring officers in Wales), in each of subsections (1) and (7), for “70(4) or 71(2)” substitute “ 70(4) or (5) or 71(2) or (4) ”.
In section 82A(1) of that Act (delegation of functions by monitoring officers), for the words from “60(2)” to “71(2)” substitute “ 57A, 60(2) or (3), 64(2) or (4), 70(4) or (5) or 71(2) or (4) ”.
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Section 78 of the Local Government Act 2000 (c. 22) (decisions of interim case tribunals) is amended as follows.
In subsection (1)(b) for “authority concerned” substitute “ relevant authority concerned ”.
For subsections (2) and (3) substitute—
In subsection (6) for “under section 79 is given” substitute “ is given by virtue of section 78A or 79 ”.
For subsection (8) substitute—
After subsection (10) insert—
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Section 79 of the Local Government Act 2000 (c. 22) (decisions of case tribunals) is amended as follows.
For the sidenote substitute “ Decisions of case tribunals: Wales ”.
Before subsection (1) insert—
In subsections (1) to (15) for “case tribunal”, in each place where it occurs, substitute “ Welsh case tribunal ”.
In subsection (8)(c) for “must be suspended or partially suspended by the relevant authority concerned” substitute “ is suspended or partially suspended ”.
For subsection (9) substitute—
In subsection (12), for paragraph (a) substitute—.
In subsection (13)—
for “the same country (that is to say, England or Wales)” substitute “ Wales ”;
for paragraph (b) substitute—.
After subsection (15) insert—
In section 31 of the Data Protection Act 1998 (c. 29) (exemptions for regulatory activity), after subsection (6) insert—
Subsection (2) applies in relation to any provision of Part 3 of the Local Government Act 2000 (c. 22) which is applied (with or without modifications) by an order under section 70 of that Act made before the passing of this Act.
Any amendment of that provision by this Part does not extend to the provision as so applied.
Where a provision mentioned in section 70(2)(a) of that Act is amended by this Part, the power in section 70(2) of that Act to apply or reproduce that provision (with or without modifications) is a power to apply or reproduce (with or without modifications) that provision either as amended by this Part or without the amendments made by this Part.
In the Local Government Act 1972 (c. 70)—
in section 85(3A) (vacation of office by failure to attend), for “73, 78” substitute “ 66A, 73, 78, 78A ”;
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In section 3 of the Local Government and Housing Act 1989 (c. 42) (grant and supervision of exemptions from political restriction of posts)—
at the end of the sidenote, insert “ : Scotland and Wales ”;
in subsection (1) for the words “It shall be the duty of the Secretary of State to appoint a person” substitute “ It shall be the duty of the Scottish Ministers to appoint in relation to Scotland, and the duty of the Welsh Ministers to appoint in relation to Wales, a person ”;
omit subsection (8)(a);
in subsection (8)(b), for “that subsection” substitute “ subsection (1) ”.
After that section insert—
In section 2 of the Local Government and Housing Act 1989 (c. 42) (politically restricted posts)—
in subsections (1)(g) and (2) after “section 3” insert “ or 3A ”;
in subsection (5) after “local authority” insert “ in Scotland and Wales ”;
after subsection (5) insert—
In Schedule 7 to the Environment Act 1995 (c. 25) (national park authorities), in paragraph 7(4) for “3” substitute “ 3A ”.
In the Greater London Authority Act 1999 (c. 29) —
in section 61(2)(a) (power to require attendance at Assembly meetings) for “to 3” substitute “ , 2 and 3A ”;
in section 68(1)(b) (disqualification and political restriction) for “and 3” substitute “ and 3A ”;
in section 70(7) (terms and conditions of employment) for “and 3” substitute “ and 3A ”.
In section 9 of the Local Government and Housing Act 1989, after subsection (4) insert—
Joint Waste Authorities
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the substitution for references to the Secretary of State of references to the Welsh Ministers; and
such other modifications as they consider appropriate.
An order under this section may include incidental, consequential or supplementary provision, including provision amending or modifying—
any enactment;
any instrument made under an enactment.
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Entities controlled etc by local authorities
An order under this section is an order which requires, prohibits or regulates the taking of specified actions by entities connected with a local authority.
The Secretary of State may make an order under this section in relation to—
all English local authorities;
English local authorities of particular descriptions;
particular English local authorities.
The Welsh Ministers may make an order under this section in relation to—
all Welsh local authorities;
Welsh local authorities of particular descriptions;
particular Welsh local authorities.
An order under this section may also include provision which requires, prohibits or regulates—
the taking of specified actions by a local authority in relation to entities connected with the local authority;
the taking of specified actions by members or officers of a local authority who are qualifying persons.
An order under this section may make provision in relation to—
every entity connected with a local authority;
such entities of a particular description.
For the purposes of this section an entity (“E”) is “connected with” a local authority at any time if—
it is an entity other than the local authority; and
according to proper practices in force at that time, financial information about E must be included in the local authority's statement of accounts for the financial year in which that time falls.
In this section—“actions” includes courses of action;“English local authority” means a local authority in England , and includes a local authority which exercises functions in relation to an area which is partly in England and partly in Wales;“entity” means any entity, whether or not a legal person;“financial year” means a period for which—a statement of accounts of the local authority must be prepared by reason of section 3 of the Local Audit and Accountability Act 2014, or accounts of the local authority must be prepared by reason of section 13 of the Public Audit (Wales) Act 2004;“local authority” means any body which—is a local authority for the purposes of section 21 of the Local Government Act 2003 (c. 26) (see subsection (6) of that section and section 23 of that Act), apart from a police and crime commissioner but including a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021; and in the case of a body in Wales, is required to prepare statements of accounts by regulations made under section 39 of the Public Audit (Wales) Act 2004;“qualifying person” means a person who—is authorised to represent the local authority at meetings of an entity that is connected with the local authority; or is a member or director of such an entity or the holder of any other specified position in relation to such an entity;“specified” means specified, or of a description specified, by the order;“Welsh local authority” means a local authority in Wales.
In this section a “relevant trust” means a trust connected with a local authority.
An order under section 212 may include provision which requires, prohibits or regulates—
the taking of specified actions by the trustees of a relevant trust;
the taking of specified actions by a local authority in relation to the trustees of trusts connected with that local authority;
the taking of specified actions by a member or officer of a local authority who is a trustee of a trust connected with that local authority.
Provision included in an order by virtue of this section may relate to—
the trustees of every relevant trust;
the trustees of relevant trusts of a particular description.
For the purposes of this section a trust (“T”) is “connected with” a local authority at any time if, according to proper practices in force at that time, financial information about T must be included in the local authority's statement of accounts for the financial year in which that time falls.
In this section the following have the same meaning as in section 212—“actions”;“financial year”;“local authority”;“specified”.
An order under section 212 made by the Welsh Ministers may make provision requiring an entity, a Welsh local authority or trustees to obtain the consent of the Auditor General for Wales before taking any particular actions.
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The provision that may be included in an order by virtue of section 212(4)(a) includes in particular provision—
requiring a local authority to make arrangements for enabling questions about an entity's activities to be put to members or officers of the authority who are qualifying persons;
prohibiting a local authority from taking action (including refraining from exercising a right) which would have the result that a person of a specified description becomes a qualifying person;
requiring a local authority to ensure so far as practicable that entities comply with provisions of the order applicable to them.
The provision that may be included in an order by virtue of section 213(2)(b) includes in particular provision—
requiring a local authority to make arrangements for enabling questions about a trust connected with the authority to be put to members or officers of the authority who are trustees;
prohibiting a local authority from taking action (including refraining from exercising a right) which would have the result that a person of a specified description becomes a trustee of a trust connected with the authority;
requiring a local authority to ensure so far as practicable that trustees comply with provisions of the order applicable to them.
Where an order under section 212—it may provide for any expression used in identifying that description of entity or trust to have the meaning for the time being given by a relevant document identified by the order.
makes provision in relation to entities of a particular description, or
makes provision in relation to the trustees of trusts of a particular description,
In subsection (6) “relevant document”—
means a document that (at the time the power under subsection (6) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 (c. 26) by regulations made under that provision; and
includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).
An order under section 212 may include incidental, consequential, transitional or supplementary provision.
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The appropriate authority may give a direction exempting—from an order under section 212 or specified provisions of such an order.
a particular entity, or entities of a particular description, or
the trustees of a particular trust, or of trusts of a particular description,
A direction under this section may provide for an exemption to have effect—
for a specified period; or
subject to specified conditions.
A direction under this section may be varied or revoked by a subsequent direction of the appropriate authority.
In this section “the appropriate authority” means—
in relation to an order made by the Secretary of State, the Secretary of State;
in relation to an order made by the Welsh Ministers, the Welsh Ministers.
In this section—“entity” has the same meaning as in section 212;“specified” means specified by the direction.
Omit Part 5 of the Local Government and Housing Act 1989 (c. 42).
Schedule 14 (other consequential amendments) has effect.
Subsection (4) applies where by virtue of section 14 of the Interpretation Act 1978 (c. 30) (implied power to amend) any subordinate legislation is amended in consequence of the repeal of Part 5 of the Local Government and Housing Act 1989.
Any provision inserted or substituted by the amendment may provide for an expression used in such provision to have the meaning for the time being given by a relevant document identified by such provision.
In subsection (4) “relevant document”—
means a document that (at the time the power under subsection (4) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 (c. 26) by regulations made under that provision; and
includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).
The Secretary of State may by order under this section—
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define for the purposes of section 80(1)(aa) of the Local Government Act 1972 (c. 70) the reference in that provision to “an entity under the control of” the authority mentioned there;
define, for the purposes of sections 98(8)(d) and 100(1)(a) of the Local Government, Planning and Land Act 1980 (c. 65), the references in each of those provisions to—
“an entity under the control of” the body mentioned there;
“an entity subject to the influence of” that body; and
“an entity jointly controlled by” that body and one or more other bodies;
define for the purposes of paragraph 7(2) of Schedule 7 to the Environment Act 1995 (c. 25) the reference in that provision to “an entity under the control of” the authority mentioned there;
define for the purposes of section 18(2)(b) of the Local Government Act 2003 (c. 26) the references in that provision to—
“an entity under the control of” and “a trust under the control of” an authority or Executive mentioned there;
“an entity subject to the influence of” and “a trust subject to the influence of” such an authority or Executive; and
“an entity jointly controlled by bodies that include” and “a trust jointly controlled by bodies that include” such an authority or Executive.
Any reference in subsection (1) to the purposes of a provision of—the Local Government Act 1972 (c. 70), the Local Government, Planning and Land Act 1980, the Environment Act 1995, or the Local Government Act 2003, is a reference to the purposes of that provision as it applies in relation to England.
An order under this section may provide for any expression used by it to have the meaning for the time being given by a relevant document identified by the order.
In subsection (3) “relevant document”—
means a document that (at the time the power under subsection (3) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 by regulations made under that provision; and
includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).
The Welsh Ministers may by order under this section—
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define, for the purposes of sections 98(8)(d) and 100(1)(a) of the Local Government, Planning and Land Act 1980, the references in each of those provisions to—
“an entity under the control of” the body mentioned there;
“an entity subject to the influence of” that body; and
“an entity jointly controlled by” that body and one or more other bodies;
define for the purposes of paragraph 7(2) of Schedule 7 to the Environment Act 1995 (c. 25) the reference in that provision to “an entity under the control of” the authority mentioned there;
define for the purposes of section 18(2)(b) of the Local Government Act 2003 (c. 26) the references in that provision to—
“an entity under the control of” and “a trust under the control of” an authority mentioned there;
“an entity subject to the influence of” and “a trust subject to the influence of” such an authority; and
“an entity jointly controlled by bodies that include” and “a trust jointly controlled by bodies that include” such an authority;
define “an entity under the control of a local authority” for the purposes of section 48(3) of the Public Audit (Wales) Act 2004 (c. 23).
Any reference in subsection (1) to the purposes of a provision of—... the Local Government, Planning and Land Act 1980 (c. 65), the Environment Act 1995, or the Local Government Act 2003, is a reference to the purposes of that provision as it applies in relation to Wales.
An order under this section may provide for any expression used by it to have the meaning for the time being given by a relevant document identified by the order.
In subsection (3) “relevant document”—
means a document that (at the time the power under subsection (3) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 by regulations made under that provision; and
includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).
The Valuation Tribunal for England
Schedule 15 (which establishes the Valuation Tribunal for England, and makes consequential provision) has effect.
The existing English tribunals are abolished.
In this Part “existing English tribunals” means the valuation tribunals established in relation to England by regulations under Schedule 11 to the Local Government Finance Act 1988 (c. 41) which are in existence immediately before the transfer of jurisdiction takes place.
Schedule 16 (consequential amendments relating to the creation of the Valuation Tribunal for England) has effect.
The Secretary of State may by regulations make provision (including transitional, saving or transitory provision)—
for the purposes of supplementing or giving full effect to this Part; or
in consequence of this Part.
The provision that may be made under subsection (2) includes provision—
for members of the existing English tribunals to become members of the Valuation Tribunal for England;
to enable the Valuation Tribunal for England to deal with any appeals already made to the existing English tribunals (including provision about which members of the Tribunal are to deal with any such appeal);
for subordinate legislation made under Schedule 11 to the Local Government Finance Act 1988 (c. 41) before its amendment by this Act to be treated as if made under that Schedule as amended by this Act;
modifying subordinate legislation which is subject to provision under paragraph (c);
for members of the Valuation Tribunal for England to be appointed otherwise than in accordance in Part 4 of the Constitutional Reform Act 2005 (c. 4);
amending or repealing any enactment passed before or in the same session as this Act;
amending or revoking subordinate legislation made before the passing of this Act.
Patient and public involvement in health and social care
Local arrangements
Each local authority must make contractual arrangements for the purpose of ensuring that there are means by which the activities specified in subsection (2) for the local authority's area can be carried on in the area.
The activities for a local authority's area are—
promoting, and supporting, the involvement of local people in the commissioning, provision and scrutiny of local care services;
enabling local people to monitor for the purposes of their consideration of matters mentioned in subsection (3), and to review for those purposes, the commissioning and provision of local care services;
obtaining the views of local people about their needs for, and their experiences of, local care services; ...
making—to persons responsible for commissioning, providing, managing or scrutinising local care services and to the Healthwatch England committee of the Care Quality Commission..
views such as are mentioned in paragraph (c) known, and
reports and recommendations about how local care services could or ought to be improved,
providing advice and information about access to local care services and about choices that may be made with respect to aspects of those services;
reaching views on the matters mentioned in subsection (3) and making those views known to the Healthwatch England committee of the Care Quality Commission;
making recommendations to that committee to advise the Commission about special reviews or investigations to conduct (or, where the circumstances justify doing so, making such recommendations direct to the Commission);
making recommendations to that committee to publish reports under section 45C(3) of the Health and Social Care Act 2008 about particular matters; and
giving that committee such assistance as it may require to enable it to carry out its functions effectively, efficiently and economically.
The matters referred to in subsection (2)(b) and (f) are—
the standard of provision of local care services;
whether, and how, local care services could be improved;
whether, and how, local care services ought to be improved.
A person to whom views are made known or reports or recommendations are made under subsection (2)(d) must, in exercising any function relating to care services, have regard to the views, reports or recommendations.
Each local authority must ensure that only one set of arrangements under subsection (1) in relation to its area is in force at any one time.
The Secretary of State may by regulations amend this section for the purpose of adding to the activities for the time being specified in subsection (2).
Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
In this section—“care services” means—services provided as part of the health service in England; or services provided as part of the social services functions of a local authority;“local care services”, in relation to a local authority, means—care services provided in the authority's area; and care services provided, in any place, for people from the area;“local people”, in relation to a local authority, means—people who live in the local authority's area, people to whom care services are being or may be provided in that area, people from that area to whom care services are being provided in any place, and who are (taken together) representative of the people mentioned in paragraphs (a) to (c);“the health service” has the same meaning as in the National Health Service Act 2006 (c. 41);“social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).
This section applies in relation to any particular arrangements made under section 221(1) by a local authority (“A”).
The arrangements must be made with a body corporate which—
is a social enterprise, and
satisfies such criteria as may be prescribed by regulations made by the Secretary of State.
For so long as the arrangements are in force, the body with which they are made—
has the function of carrying on in A's area the activities specified in section 221(2), and
is to be known as the “Local Healthwatch organisation” for A's area.
But the arrangements may authorise the Local Healthwatch organisation to make, in pursuance of those arrangements, arrangements (“Local Healthwatch arrangements”) with a person (other than A) for that person—
to assist the organisation in carrying on in A's area some or all of the activities, or
(subject to provision made under section 223(2)(e)) to carry on in A's area some (but not all) of the activities on the organisation's behalf.
None of the following is capable of being a Local Healthwatch organisation—
a local authority;
a National Health Service trust;
an NHS foundation trust; or
an integrated care board;
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The arrangements must not be made with NHS England.
The arrangements must secure the result that Local Healthwatch arrangements will not be made with a body of a description specified in subsection (3) or with NHS England.
The arrangements may (in particular) make provision as respects co-operation between the Local Healthwatch organisation for the area and one or more other Local Healthwatch organisations.
The arrangements may provide for the making of payments by A.
The arrangements must include the required provision about annual reports (see section 227).
A must exercise its functions under this Part so as to secure that the arrangements—
operate effectively, and
represent value for money.
A must publish a report of its findings in seeking to secure the objective mentioned in subsection (7A).
For the purposes of this section, a body is a social enterprise if—
a person might reasonably consider that it acts for the benefit of the community in England, and
it satisfies such criteria as may be prescribed by regulations made by the Secretary of State.
Regulations made by the Secretary of State may provide that activities of a prescribed description are to be treated as being, or as not being, activities which a person might reasonably consider to be activities carried on for the benefit of the community in England.
In subsections (8) and (9), “community” includes a section of the community; and regulations made by the Secretary of State may make provision about what does, does not or may constitute a section of the community.
In making arrangements under section 221(1), a local authority must have regard to any conflicts guidance issued by the Secretary of State.
In this section, “conflicts guidance” means guidance about managing conflicts between—
the making of arrangements under section 221(1), and
the carrying-on of the activities specified in section 221(2).
In this section, “Local Healthwatch arrangements” has the meaning given by section 222.
The Secretary of State must make regulations which provide that arrangements made under section 221(1) (“local authority arrangements”) must ... include prescribed provision.
The Secretary of State may make regulations which provide that local authority arrangements must require Local Healthwatch arrangements to include prescribed provision.
The regulations may in particular provide that local authority arrangements ... must include or (as the case may be) must require Local Healthwatch arrangements to include—
prescribed provision relating to the way in which certain decisions of ... a Local Healthwatch organisation or a Local Healthwatch contractor are to be taken;
prescribed provision relating to the authorisation of individuals as authorised representatives within the meaning of section 225(5);
prescribed provision relating to the use by ... a Local Healthwatch organisation or a Local Healthwatch contractor of money derived from the arrangements;
prescribed provision relating to the consequences of contravention by ... a Local Healthwatch organisation or a Local Healthwatch contractor of any provision of the arrangements.;
prescribed provision relating to the activities which a Local Healthwatch contractor may not carry on on a Local Healthwatch organisation's behalf;
prescribed provision relating to the obtaining by a Local Healthwatch organisation of a licence under section 45D of the Health and Social Care Act 2008 and the grant by the organisation to a Local Healthwatch contractor of a sub-licence;
prescribed provision relating to the use by a Local Healthwatch organisation or a Local Healthwatch contractor of the trade mark to which a licence under that section relates;
prescribed provision relating to the infringement of the trade mark to which a licence under that section relates;
prescribed provision relating to the imposition of a requirement on a Local Healthwatch organisation to act with a view to securing that its Local Healthwatch contractors (taken together) are representative of—
people who live in the local authority's area,
people to whom care services are being or may be provided in that area, and
people from that area to whom care services are being provided in any place.
The provision which may be prescribed in relation to a Local Healthwatch contractor includes provision that relates to the contractor—
only in so far as it assists the Local Healthwatch organisation in the carrying-on of activities specified in section 221(2);
only in so far as it carries on such activities on the organisation's behalf.
Regulations under this section may make provision which applies to all descriptions of Local Healthwatch contractor, which applies to all those descriptions subject to specified exceptions or which applies only to such of those descriptions as are prescribed.
In this section—“care services” has the meaning given by section 221;......“Local Healthwatch arrangements” has the meaning given by section 222;“Local Healthwatch contractor”, in relation to a Local Healthwatch organisation, means a person with whom the organisation makes Local Healthwatch arrangements;“prescribed provision” means provision prescribed or of a description prescribed by the regulations.; trade mark”, and “use” and “infringement” in relation to a trade mark, each have the same meaning as in the Trade Marks Act 1994.
Each local authority must make such arrangements as it considers appropriate for the provision of independent advocacy services in relation to its area.
In this section, “independent advocacy services” means services providing assistance (by way of representation or otherwise) to persons making or intending to make—
a complaint under a procedure operated by a health service body or independent provider;
a complaint to the Health Service Commissioner for England;
a complaint to the Public Services Ombudsman for Wales which relates to a Welsh health body;
a complaint under section 73C(1) of the National Health Service Act 2006;
a complaint to a Local Commissioner under Part 3 of the Local Government Act 1974 about a matter which could be the subject of a complaint under section 73C(1) of the National Health Service Act 2006; or
a complaint of such description as the Secretary of State may by regulations prescribe which relates to the provision of services as part of the health service and—
is made under a procedure of a description prescribed in the regulations, or
gives rise, or may give rise, to proceedings of a description prescribed in the regulations.
Each local authority may make such other arrangements as it considers appropriate for the provision of services in relation to its area providing assistance to individuals in connection with complaints relating to the provision of services as part of the health service.
Arrangements under this section may not provide for a person to make arrangements for the provision of services by a Local Healthwatch organisation.
In making arrangements under this section, a local authority must have regard to the principle that the provision of services under the arrangements or arrangements made in pursuance of the arrangements should, so far as practicable, be independent of any person who is—
the subject of a relevant complaint; or
involved in investigating or adjudicating on such a complaint.
A local authority may make payments to—
a person providing services under arrangements under this section;
a person arranging for the provision of services in pursuance of arrangements under this section;
a person providing services under arrangements made in pursuance of arrangements under this section.
The Secretary of State may by regulations make provision requiring a person providing services under arrangements under this section or arrangements made in pursuance of the arrangements to have cover against the risk of a claim in negligence arising out of the provision of the services.
The Secretary of State may give directions to a local authority about the exercise of its functions under this section.
A direction under subsection (8) may be varied or revoked.
In this section—“the health service” has the same meaning as in the National Health Service Act 2006;“health service body” means—in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England; in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales) Act 2019);“independent provider” means—in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England; in relation to Wales, a person who is an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2019);“Welsh health body” means—a Local Health Board, an NHS trust managing a hospital or other establishment or facility in Wales, a Special Health Authority not discharging functions only or mainly in England, an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2019), a family health service provider in Wales (within the meaning of that Act), or a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003.
The Secretary of State may by regulations impose, on a responsible person, duties—
as respects responding to requests for information made to the responsible person by a Local Healthwatch organisation or a Local Healthwatch contractor;
as respects dealing with reports or recommendations made to the responsible person by a Local Healthwatch organisation or a Local Healthwatch contractor; or
as respects dealing with reports or recommendations which, in accordance with any requirement imposed in regulations under paragraph (b), have been referred to the responsible person by another responsible person.
In subsection (1) “responsible person” means—
NHS England;
an integrated care board;
a National Health Service trust;
an NHS foundation trust;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a local authority; or
a person prescribed by regulations made by the Secretary of State.
For the purposes of subsection (1), something is done by a Local Healthwatch organisation if it is done by that organisation—
in compliance with a requirement imposed by virtue of section 223(2)(i).
For the purposes of subsection (1), something is done by a Local Healthwatch contractor if it is done by that contractor in the carrying-on, under Local Healthwatch arrangements, of activities specified in section 221(2).
Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
The Secretary of State shall by regulations make provision for the purpose of imposing, on a services-provider, a duty to allow authorised representatives to enter and view, and observe the carrying-on of activities on, premises owned or controlled by the services-provider.
The provision that may be made by regulations under subsection (1) includes (in particular)—
providing for a duty to apply in relation to premises owned or controlled by a services-provider only if, or not to apply in relation to any such premises if, the premises are of a particular description;
providing for a duty, so far as applying in relation to any premises, to apply in relation to activities carried on on the premises only if, or not to apply in relation to any such activities if, the activities are of a particular description;
conditions to be satisfied before a duty arises in a particular case;
provision limiting the extent of a duty, whether generally or in particular cases;
provision imposing, or authorising the imposition of, conditions and restrictions for the purposes of subsection (4)(b);
provision as respects the authorisation of individuals for the purposes of this section by a Local Healthwatch organisation or a Local Healthwatch contractor.
Provision such as is mentioned in subsection (2)(d) may limit a duty by (in particular)—
providing for a duty not to apply to an authorised representative if he is, or unless he is, of a particular description;
limiting the number of authorised representatives to whom a duty applies in a particular case;
limiting the hours during which a duty applies.
While an authorised representative is on any premises as a result of a services-provider having complied with a duty imposed under subsection (1)—
the representative must comply with any applicable conditions and restrictions imposed under subsection (1) for the purposes of this paragraph.
In this section “authorised representative” means an individual authorised for the purposes of this section, in accordance with any applicable provision in regulations under subsection (1), by a Local Healthwatch organisation or a Local Healthwatch contractor.
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In this section “services-provider” means—
a National Health Service trust;
an NHS foundation trust;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a local authority; or
a person prescribed by regulations made by the Secretary of State.
Subsections (2) to (5) apply where a Local Healthwatch organisation or a Local Healthwatch contractor refers a matter relating to social care services to an overview and scrutiny committee of a local authority.
The committee must—
acknowledge receipt of the referral; and
keep the referrer informed of the committee's actions in relation to the matter.
The committee must decide whether or not any of its powers is exercisable in relation to the matter referred.
If the committee concludes that any of those powers is exercisable in relation to the matter, the committee must decide whether or not to exercise that power in relation to the matter.
The committee, in exercising any of those powers in relation to the matter, must take into account any relevant information provided by a Local Healthwatch organisation or a Local Healthwatch contractor.
The Secretary of State may by regulations make provision as respects determining the time by which a duty under subsection (2)(a) is to be performed.
For the purposes of this section, something is done by a Local Healthwatch contractor if it is done by that contractor in the carrying-on, under Local Healthwatch arrangements, of activities specified in section 221(2).
In this section—“Local Healthwatch arrangements” has the meaning given by section 222;“Local Healthwatch contractor” has the meaning given by section 223;“overview and scrutiny committee”—in relation to a local authority which under Part 2 of the Local Government Act 2000 (c. 22) operates executive arrangements, means an overview and scrutiny committee of the authority within the meaning given by section 21(1) of that Act; in relation to a local authority which under Part 2 of that Act operates alternative arrangements, means a committee or sub-committee appointed under section 32(1)(b) of that Act; in relation to the Common Council of the City of London, means a committee established under section 10(1) of the Health and Social Care Act 2001 (c. 15); and in relation to the Council of the Isles of Scilly, means a committee which, by virtue of an order under section 265 of the Local Government Act 1972 (c. 70), is appointed by the Council under section 21(1) or 32(1)(b) of the Local Government Act 2000;“social care services” means services provided as part of the social services functions of a local authority;“social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).
Subsection (2) has effect for the purposes of section 222(7).
In relation to any arrangements made under section 221(1)..., the “required provision about annual reports” is—
provision—
requiring... the preparation by the Local Healthwatch organisation for each financial year of a report in relation to the activities of the organisation in the year (so far as they are activities specified in section 221(2) for the local authority's area and carried on under the arrangements or arrangements made in pursuance of the arrangements);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
provision requiring that each such report must comply with the requirements mentioned in subsection (3);
provision requiring each such report to be prepared by 30th June after the end of the financial year concerned; and
provision requiring that, once such a report has been prepared—
copies of it are to be made publicly available in such manner as the person preparing it, after having had regard to any guidance issued by the Secretary of State that may be in force at the time, considers appropriate; and
a copy of it is to be sent to each of the persons specified in subsection (4).
The requirements referred to in subsection (2)(b) are—
that the report addresses, in particular, such matters as the Secretary of State may direct; and
that the report... includes—
details of the amounts spent by the Local Healthwatch organisation in its capacity as such, and the amounts spent by its Local Healthwatch contractors in their capacity as such, in the year concerned; and
details of what those amounts were spent on; ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The persons referred to in subsection (2)(d)(ii) are—
the local authority;
NHS England;
each integrated care board, whose area or any part of whose area falls within the area of the local authority;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any overview and scrutiny committee of the local authority that is within subsection (5);
the Care Quality Commission;
the Healthwatch England committee of the Care Quality Commission;
... and
such other persons (if any) as the Secretary of State may direct.
An overview and scrutiny committee of the local authority is within this subsection—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to give directions for purposes of this section includes power to vary or revoke directions given in previous exercise of the power.
Directions given, or guidance issued, for purposes of this section must be published in such manner as, in the opinion of the Secretary of State, is likely to bring them or it to the attention of the persons to whom they or it are applicable.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a county council in England;
a district council in England, other than a council for a district in a county for which there is a county council;
a London borough council;
the Common Council of the City of London; and
the Council of the Isles of Scilly.
Abolition of Patients' Forums etc
If subsection (1) comes into force on a day other than 1st April—
section 240 of the 2006 Act (a Patients' Forum must prepare an annual report for each financial year), and regulation 4 of the Functions Regulations (a Patients' Forum must prepare annual accounts for each financial year), shall have effect as if the final reporting period of a Patients' Forum were a financial year; and
regulation 4(3) of the Functions Regulations (accounts for a financial year to be copied to the Commission no later than 31st May after end of year) shall have effect in relation to the final reporting period of a Patients' Forum as if for “31st May” there were substituted “ two months ”.
A Patients' Forum, in its report under section 240 of the 2006 Act for its final reporting period, must (in particular) include details of anything being done by the Patients' Forum that was still in progress when subsection (1) came into force.
Section 240 of the 2006 Act does not require a Patients' Forum to prepare a report, and regulation 4 of the Functions Regulations does not require a Patients' Forum to prepare annual accounts, in relation to any time after the end of its final reporting period.
In subsections (2) to (4) “final reporting period”, in relation to a Patients' Forum, means the period—
ending with the coming into force of subsection (1); and
beginning with the preceding 1st April.
In this section—“the 2006 Act” means the National Health Service Act 2006 (c. 41);“the Functions Regulations” means the Patients' Forums (Functions) Regulations 2003 (S.I. 2003/2124).
The following provisions of the National Health Service Act 2006 are omitted—section 237(1) and (2) (establishment of Patients' Forums and appointment of their members); section 240 (Patients' Forums: annual reports); and section 241(1) and (2) (power to make further provision about Patients' Forums).
The property, rights and liabilities of each Patients' Forum are by virtue of this subsection transferred to the Secretary of State for Health (including any property, rights and liabilities that would not otherwise be capable of being transferred).
Any legal proceedings relating to anything transferred under subsection (2) may be continued by or in relation to the Secretary of State for Health.
The property, rights and liabilities of the Commission are by virtue of this subsection transferred to the Secretary of State for Health (including any property, rights and liabilities that would not otherwise be capable of being transferred).
Any legal proceedings relating to anything transferred under subsection (2) may be continued by or in relation to the Secretary of State for Health.
Subsection (5) applies if the Secretary of State is satisfied that the Commission has carried out, or has substantially carried out, its functions under section 243(5) of the 2006 Act (review by Commission of annual reports of Patients' Forums) in relation to the final reports of the Patients' Forums.
The Secretary of State may fix the period that is to be the Commission's final reporting period for the purposes of paragraphs 11 and 12 of Schedule 16 to the 2006 Act (Commission's annual report and accounts) by notifying that period to—
the Commission; and
the Comptroller and Auditor General.
Paragraphs 11 and 12 of Schedule 16 to the 2006 Act shall have effect as if the final reporting period notified under subsection (5) were a financial year.
Paragraphs 11(2) and 12(1) of Schedule 16 to the 2006 Act do not require the Commission to prepare annual accounts and reports in respect of any time after the end of the final reporting period notified under subsection (5).
The period notified under subsection (5)—
must be a period beginning with 1st April in any year; and
may be a period of, or longer or shorter than, 12 months.
In this section—“the 2006 Act” means the National Health Service Act 2006 (c. 41);“the Commission” means the Commission for Patient and Public Involvement in Health.
Consultation about health services
Section 242 of the National Health Service Act 2006 (public involvement and consultation) is amended as mentioned in subsections (2) to (4) below.
For subsection (1) (bodies to which section applies) substitute—
In subsection (2) (each body to which section applies must make arrangements), for “body to which this section applies” substitute “ relevant Welsh body ”.
In subsection (5) (directions about arrangements under subsection (2)), for “subsection (2)” substitute “ this section ”.
After that section insert—
In Chapter 1 of Part 2 of the National Health Service Act 2006 (c. 41) (Strategic Health Authorities), after section 17 insert—
In Chapter 2 of Part 2 of the National Health Service Act 2006 (Primary Care Trusts), after section 24 insert—
Powers of National Assembly for Wales
Schedule 17 (powers of National Assembly for Wales) has effect.
Miscellaneous
Exercise of functions by members of local authorities in England
Arrangements may be made in accordance with this section for the discharge of any function of a local authority by a member of the authority, to the extent that the function is exercisable in relation to the electoral division or ward for which the member is elected.
In the case of a function of a local authority operating executive arrangements which is the responsibility of the executive—
it is for the senior executive member to make the arrangements; and
arrangements under this section may not permit the discharge of the function by a member of the executive if it may be discharged by him by virtue of arrangements under section 14(2)(b)(ii) of the Local Government Act 2000 (c. 22) (discharge of functions: general).
In any other case it is for the local authority to make the arrangements.
No arrangements may be made under this section for the discharge by a member of a local authority of any function—
which is, or to the extent that it is, specified in an order made by the Secretary of State; or
in any manner or in circumstances so specified.
Any arrangements made under this section with respect to the discharge of any function are not to prevent its discharge—
by the person who made the arrangements; or
in any other way in which the function is permitted to be discharged by or under any enactment.
In this section, “local authority” means—
the council of a county in England;
a district council; or
a London borough council.
In this section—“executive” and “executive arrangements” have the same meanings as in Part 2 of the Local Government Act 2000 (c. 22) (arrangements with respect to executives etc);“senior executive member” has the same meaning as in section 14 of that Act; 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).
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.
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After section 100E of the Local Government Act 1972 (c. 70) insert—
In section 100H of that Act (supplemental provisions and offences), in subsection (4), for “or 100C(1)” substitute “ , 100C(1) or 100EA(2) ”.
In section 41 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (evidence of resolutions and minutes of proceedings etc)—
in subsection (2A)(a), after “that authority,” insert “ or a member of that executive ”;
in subsection (2A)(b), after “as the case may be,” insert “ by the member of that executive or ”;
after subsection (2A) insert—
Accounting
In section 74(6) of the Housing Act 1988 (c. 50) (transfer of land and other property to housing action trusts)—
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) ”;
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. ”
In section 21 of the Local Government Act 2003 (c. 26) (accounting practices), after subsection (1) insert—
In section 24 of that Act (application to Wales) for “National Assembly for Wales” substitute “ Welsh Ministers ”.
Contracting out
In section 70 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of local authorities)—
in subsection (1)(b), for the words from “or section 38” to “local authorities)” substitute “ or an enactment mentioned in subsection (1ZA) below ”;
after subsection (1) insert—
In section 79(1) of that Act (interpretation of Part 2), in the definition of “local authority”—
in paragraph (a), for the words from “means” to the end substitute “ has the meaning given by section 79A; ”;
in paragraph (b), for the words from “means” to the end substitute “ has the meaning given by section 79B; ”.
After section 79 of that Act insert—
In Schedule 8 to the Environment Act 1995 (c. 25), omit paragraph 13 (application of contracting out to National Park authorities).
In section 18 of the Local Government Act 1999 (c. 27) (best value authorities: contracting out)—
in subsection (1) after “any” insert “ relevant ”;
after subsection (2) insert—
Final provisions
Any order or regulations made by the Secretary of State under this Act must be made by statutory instrument.
Any order made by the Local Government Boundary Commission for England under this Act must be made by statutory instrument.
A statutory instrument containing—an order made by the Secretary of State under section 7, 10, 20, 29, 33, 38, 40 or 212 or paragraph 3, 9(4)(b) or 10(3)(b) of Schedule 4, regulations under section 221, 224(2)(e) or 225, an order under section 17... or 243 which includes provision—(a) amending or repealing an enactment, or(b) amending or revoking subordinate legislation of which a draft was required to be laid before and approved by a resolution of each House of Parliament, or regulations under section 11A, 14 or 220 which include such provision, may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Any other statutory instrument under this Act, except one containing only—is subject to annulment in pursuance of a resolution of either House of Parliament.
an order made by the Local Government Boundary Commission for England, or
an order under section 245,
In relation to an order under section 243—
the reference in subsection (6) above to an enactment includes an Act of the Scottish Parliament or Northern Ireland legislation; and
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.
Any order or regulations made under this Act may make different provision for different cases.
Any guidance issued under this Act may make different provision for different cases.
The provisions specified in Schedule 18 (which include spent provisions) are repealed or revoked to the extent specified there.
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State under this Act; and
any increase attributable to this Act in sums payable out of money provided by Parliament under another enactment.
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.
The Secretary of State may by order—
amend or repeal any enactment passed before or in the same session as this Act;
amend or revoke subordinate legislation made before the passing of this Act.
In subsection (1)—
“enactment” includes an Act of the Scottish Parliament and Northern Ireland legislation;
the reference to subordinate legislation includes an instrument made under such an Act or under Northern Ireland legislation.
An order under subsection (1) may be made only for the purposes of—
supplementing or giving full effect to this Act; or
making provision consequential on the passing of this Act.
Subject to subsections (2) to (4), this Act extends to England and Wales only.
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The following provisions come into force at the end of two months beginning with the day on which this Act is passed—Part 2; Part 3 (to the extent that it does not come into force in accordance with subsection (1)); Chapter 1 of Part 5 (except section 116), Part 5 of Schedule 18 and section 241 so far as relating to that Part of that Schedule; sections 141, 142 and 143, the entry in Part 8 of Schedule 18 relating to section 29(3) of the Local Government Act 1999 (c. 27), and section 241 so far as relating to that entry; sections 212 to 215, 216(3) to (5), 217 and 218; section 235 and Schedule 17.
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—sections 137, 140 and 210; the entries in Part 8 of Schedule 18 relating to sections 5, 6 and 28 of the Local Government Act 1999 and section 21 of the Local Government Act 2000 (c. 22); section 241 so far as relating to those entries.
Subject to subsections (1) to (4), this Act comes into force on such day as the Secretary of State may by order appoint.
An order under this section—
may appoint different days for different purposes;
may include transitional, saving or transitory provision.
This Act may be cited as the Local Government and Public Involvement in Health Act 2007.
Structural and boundary change: consequential amendments
Amendments of Local Government Act 1992
The Local Government Act 1992 (c. 19) is amended in accordance with this Part of this Schedule.
In section 13 (reviews and recommendations), omit the following—
subsections (1) and (2);
subsection (7)(a).
In section 14 (changes that may be recommended), omit the following—
in subsection (1)—
paragraphs (a) and (b);
in paragraph (c), the words from “whether” to the end of the paragraph;
the words after paragraph (c);
subsections (2), (3), (5), (6) and (7).
In section 15 (procedure on a review), omit subsection (7A)(a).
Omit section 16.
In section 17 (implementation of recommendations by order), omit the following—
subsection (1);
subsection (2)(a);
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);
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”;
subsections (3A) and (3B);
in subsection (4), the words “or in an agreement under section 20 below”;
subsections (5) and (6).
Omit section 18.
In section 19 (regulations for supplementing orders), omit subsection (2).
In section 26 (orders, regulations and directions), omit the following—
in subsection (1)—
paragraphs (a) and (b);
in paragraph (c), the words “or relates only to parishes”;
subsection (2);
in subsection (3), the words “orders or” in the first place where they occur;
in subsection (4) the words “order or”;
subsection (5);
in subsection (6)—
the words “the Secretary of State is or”
the words “he or”;
the words “he thinks or”.
Other amendments
Local Government Act 1972 (c. 70)
The Local Government Act 1972 is amended as follows.
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 ”.
In section 12 (supplementary provision about orders to dissolve parish councils etc)—
in subsection (2), for the words from “section 20” to the end substitute;
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)
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)
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)
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)
In section 1 of the Coroners Act 1988 (appointment of coroners)—
in subsection (1)(b), after “1992” insert “ or Part 1 of the Local Government and Public Involvement in Health Act 2007 ”;
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)
The Local Government Finance Act 1988 is amended as follows.
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 ”.
In section 89 (collection funds)—
in subsection (2), for “subsection (2A)” substitute “ subsections (2A) to (2C) ”;
after subsection (2B) insert—
In section 91 (general funds)—
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 ”;
in subsection (3) for “and (3C)” substitute “ to (3D) ”;
in subsection (3B) omit “(in this section referred to as “the reorganisation date”)”;
after subsection (3C) insert—;
in subsection (8) for “county council such as is referred to in subsection (3B)(b) above” substitute “ relevant county council ”;
after subsection (8) insert—
Food Safety Act 1990 (c. 16)
In section 27(5) of the Food Safety Act 1990 (appointment of public analysts), omit the words “pursuant to a structural change”.
Environment Act 1995 (c. 25)
The Environment Act 1995 is amended as follows.
In section 75(8) (National Parks: powers to make orders), for “Part II of the Local Government Act 1992” substitute “ Part 1 of the Local Government and Public Involvement in Health Act 2007 ”.
In section 79(1) (interpretation of Part 3), in the definition of “public authority”—
omit the words “or residuary body”;
after “1992” insert “ , any residuary body established under section 17 of the Local Government and Public Involvement in Health Act 2007 ”.
Police Act 1996 (c. 16)
The Police Act 1996 is amended as follows.
Freedom of Information Act 2000 (c. 36)
Regional Assemblies (Preparations) Act 2003 (c. 10)
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Fire and Rescue Services Act 2004 (c. 21)
The Fire and Rescue Services Act 2004 is amended as follows.
In section 2 (power to create combined fire and rescue authorities), in each of subsections (9)(c) and (10)(a), for “Part 2 of the Local Government Act 1992 (c. 19) or section 17 of the Regional Assemblies (Preparations) Act 2003 (c. 10)” substitute “ section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007 ”.
In section 4(7)(b) (combined authorities under the Fire Services Act 1947), for “Part 2 of the Local Government Act 1992 (c. 19) or section 17 of the Regional Assemblies (Preparations) Act 2003 (c. 10)” substitute “ section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007 ”.
Electoral arrangements: consequential amendments
Local Government and Housing Act 1989 (c. 42)
Section 9 of the Local Government and Housing Act 1989 (assistants for political groups) is amended as follows.
In subsection (11), in paragraph (a) of the definition of “appropriate year”, for “one in relation to which provision for whole council elections has been made by virtue of section 7(4)(a) or 26(2)(a) of the Local Government Act 1972” substitute “ subject to whole council elections by virtue of Chapter 1 of Part 2 of the Local Government and Public Involvement in Health Act 2007 ”.
Executives: further amendments
Local Government Act 1972 (c. 70)
The Local Government Act 1972 is amended as follows.
Section 2 (constitution of principal councils in England) is amended as follows.
After subsection (2A) insert—
Section 3 (chairman) is amended as follows.
In subsection (4A) omit “or a mayor and council manager executive”.
Section 21 (constitution of principal councils in Wales) is amended as follows.
After subsection (1A) insert—
Section 79 (qualifications for election and holding office) is amended as follows.
In subsection (1) omit “, or be qualified to be elected and to be an elected mayor,”.
Section 80 (disqualification for election and holding office) is amended as follows.
In subsection (1) in the words before paragraph (a) omit “, and be disqualified for being elected or being an elected mayor,”.
Section 100G (principal councils to publish additional information) is amended as follows.
In subsection (1)(a) for the second “and” substitute “ together with, in the case of a councillor, ”.
Section 100J (application of Part 5A to new authorities, Common Council, etc) is amended as follows.
In subsection (4)(a)—
for “from “ward” onwards” substitute “ after “together with” ”;
before “name” insert “ the ”.
In subsection (4)(aa)—
for “from “ward” onwards” substitute “ after “together with” ”;
before “name” insert “ the ”.
In subsection (4)(b) for “from “and the ward” onwards” substitute “ after “for the time being” ”.
In subsection (4)(c)—
before “ward” insert “ , in the case of a councillor, the ”;
before “constituent” insert “ the ”.
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Section 249 (honorary aldermen and freemen) is amended as follows.
In subsection (1) for “councillors” substitute “ members ”.
In subsection (2) for “councillor” substitute “ member ”.
Section 270 (general provisions as to interpretation) is amended as follows.
In subsection (1) for the definition of “leader and cabinet executive” substitute—.
In subsection (1) insert the following definitions at the appropriate places—;.
In subsection (4A) omit “or a mayor and council manager executive”.
Schedule 2 (constitution and membership of London borough councils) is amended as follows.
For paragraph 5C substitute—
Schedule 12 (meetings and proceedings of local authorities) is amended as follows.
In paragraph 5(5) (who presides over meeting of council operating mayoral executive) omit “or a mayor and council manager executive”.
Local Government Act 1974 (c. 7)
The Local Government Act 1974 is amended as follows.
Section 30 (reports on investigation) is amended as follows.
In subsection (2AB) omit “or mayor and council manager executive”.
Section 34 (interpretation of Part 3) is amended as follows.
In the definition of “mayor and cabinet executive” and “mayor and council manager executive” for “and “mayor and council manager executive” have” substitute “ has ”.
Representation of the People Act 1983 (c. 2)
The Representation of the People Act 1983 is amended as follows.
In section 24 (returning officers: England and Wales) in subsection (1)(dd) omit “or a mayor and council manager executive”.
Local Government Act 1985 (c. 51)
The Local Government Act 1985 is amended as follows.
Section 35 (disqualification) is amended as follows.
In subsection (4) for “ “executive leader” and “leader and cabinet executive”” substitute “ and executive leader ”.
After subsection (4) insert—
Local Government Finance Act 1988 (c. 41)
The Local Government Finance Act 1988 is amended as follows.
Section 111 (interpretation of Part 8) is amended as follows.
In subsection (3A) omit “leader and cabinet executive,”.
After subsection (3A) insert—
Local Government Act 2000 (c. 22)
The Local Government Act 2000 is amended as follows.
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In section 105 (orders and regulations), in subsection (6) after “32,” insert “ 33O(6), ”.
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For the heading before paragraph 2 of Schedule 1 substitute— “ Leader and cabinet executives (Wales) ”.
Paragraph 2 is amended as follows.
In sub-paragraph (1) for “leader and cabinet executive” substitute “ leader and cabinet executive (Wales) ”.
In sub-paragraph (4) for “sub-paragraph (2)(a)” substitute “ sub-paragraph (3)(a). ”.
New arrangements for executives: transitional provision
Old-style leader and cabinet executive
Application of Part
This Part applies to a local authority in England if, at the relevant time, the authority is operating an old-style leader and cabinet executive.
Continued operation of existing executive
The coming into force of section 62(5) does not prevent the local authority from continuing to operate the old-style leader and cabinet executive until the end of the transitional period.
For as long as the local authority continues to operate the old-style leader and cabinet executive, any enactment amended or repealed by this Part of this Act continues to apply in relation to the local authority, and to the executive and its operation, as if the amendment or repeal had not been made.
Change in form of executive
The local authority must make a change in governance arrangements of the kind set out in section 33A of the LGA 2000 (new form of executive).
Sections 33E, 33F, 33G, 33I(2) and 33J of the LGA 2000 apply to a change in governance arrangements required by this paragraph as they apply to a change made under section 33A.
In the application of section 33G by virtue of this paragraph, “relevant elections” has the meaning given in paragraph 5.
Any resolution to make the change in governance arrangements must be passed—
at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and
during the permitted resolution period specified in the second column of the following table in relation to the authority.
The Secretary of State may by order provide that a permitted resolution period is to end later than the last day of the period specified in the table.
Failure to change form of executive: automatic change
This paragraph applies if the local authority does not make a change in governance arrangements in accordance with paragraph 3.
Before the end of the transitional period, the local authority must draw up and adopt executive arrangements which provide for a leader and cabinet executive (England).
But if it appears to the Secretary of State that the authority will fail to comply with sub-paragraph (2), the Secretary of State may by order specify executive arrangements which provide for a leader and cabinet executive (England).
The leader and cabinet executive (England) which is provided for under sub-paragraph (2) or (3) shall come into operation on the last day of the transitional period.
Arrangements which the Secretary of State specifies under sub-paragraph (3) are to be treated as having been made by the local authority itself.
Arrangements which come into operation in accordance with sub-paragraph (4) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the LGA 2000.
As soon as practicable after executive arrangements are adopted under sub-paragraph (2), or specified under sub-paragraph (3), the local authority must comply with the duties set out in the following provisions of the LGA 2000—
section 29(2)(a);
section 29(2)(b)(ii) to (v).
Interpretation
In this Part—“LGA 2000” means the Local Government Act 2000 (c. 22);“old-style leader and cabinet executive” means a leader and cabinet executive of the form specified in section 11(3) of the LGA 2000;“relevant elections” means the first ordinary elections of councillors of the local authority which take place after the end of the permitted resolution period (within the meaning of paragraph 3(4)(b));“relevant time” means the time immediately before section 62(5) comes into force;“transitional period” means the period that—starts when section 62(5) comes into force, and ends with the third day after the day of the relevant elections.
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.
Mayor and council manager executive
Application of Part
This Part applies to a local authority in England if, at the relevant time, the authority is operating a mayor and council manager executive.
Continued operation of existing executive
The coming into force of section 62(6) does not prevent the local authority from continuing to operate the mayor and council manager executive.
For as long as the local authority continues to operate the mayor and council manager executive, any enactment amended or repealed by this Part of this Act continues to apply in relation to the local authority, and to the executive and its operation, as if the amendment or repeal had not been made.
Change in form of executive
The local authority must make a change in governance arrangements of the kind set out in section 33A of the LGA 2000 (new form of executive).
Sections 33E, 33F, 33I(2) and 33J of the LGA 2000 apply to a change in governance arrangements required by this paragraph as they apply to a change made under section 33A.
This paragraph applies if the proposals drawn up in accordance with section 33E provide for a change to a mayor and cabinet executive.
The proposals must specify the day on which the authority is to cease operating the mayor and council manager executive and start operating the mayor and cabinet executive.
The day specified in accordance with sub-paragraph (2) must fall before the day which is expected to be the last day of the relevant mayoral term.
Any resolution to make the change in governance arrangements must be passed —
at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and
on or before 31 December 2008 or such later date as the Secretary of State may by order provide.
The following sub-paragraphs apply if the local authority adopt the mayor and cabinet executive.
On the day specified in accordance with sub-paragraph (2), the local authority must—
cease operating the mayor and council manager executive, and
start operating the mayor and cabinet executive.
The council manager ceases to hold office when the local authority ceases to operate the mayor and council manager executive.
But—by virtue of the local authority ceasing to operate the mayor and council manager executive.
the mayor does not cease to hold office, and
his term of office is not affected,
Subject to sub-paragraph (6), the local authority must implement the change in governance arrangements in accordance with the timetable in the proposals.
Any arrangements (including any enactment or subordinate legislation) which apply to the election of the mayor of the mayor and council manager executive—
apply to the first election of the mayor of the mayor and cabinet executive as if it were the election of the mayor of the mayor and council manager executive, and
subject to any order under Part 3, apply in the same way to subsequent elections of the mayor of the mayor and cabinet executive.
This paragraph applies if the proposals drawn up in accordance with section 33E provide for a change to a leader and cabinet executive (England).
Section 33K(2), (3), (5) and (6) of the LGA 2000 apply to the change as they would if the change were, by virtue of section 33M of the LGA 2000, subject to approval in a referendum.
Any resolution to make the change in governance arrangements must be passed on or before the earlier of these days—
the last day of the period of 28 days that begins with the day when the referendum is held;
31 December 2008, or such later date as the Secretary of State may by order provide.
Section 45(1) of the LGA 2000 does not prevent a referendum from being held in accordance with section 33K of the LGA 2000 as applied by sub-paragraph (2).
The proposals must provide for the local authority to cease operating the mayor and council manager executive and start operating the leader and cabinet executive (England) on the day which is expected to be the last day of the relevant mayoral term.
The following sub-paragraphs apply if the local authority adopt the leader and cabinet executive (England).
On the day specified in accordance with sub-paragraph (5), the local authority must—
cease operating the mayor and council manager executive, and
start operating the leader and cabinet executive (England).
Subject to sub-paragraph (7), the local authority must implement the change in governance arrangements in accordance with the timetable in the proposals.
If the local authority has held its annual meeting in 2009 before changing to the leader and cabinet executive (England), the authority must hold a meeting within the 21 days following the day on which it changes to that form of executive.
For the purposes of section 44B of the LGA 2000, that meeting is to be treated as a relevant annual meeting.
Failure to change form of executive: automatic change
This paragraph applies if the local authority does not make a change in its executive arrangements in accordance with paragraph 8.
Before the end of the transitional period, the local authority must draw up and adopt executive arrangements which provide for a mayor and cabinet executive.
But if it appears to the Secretary of State that the authority will fail to comply with sub-paragraph (2), the Secretary of State may by order specify executive arrangements which provide for a mayor and cabinet executive.
The mayor and cabinet executive which is provided for under sub-paragraph (2) or (3) shall come into operation on the last day of the transitional period.
Arrangements which the Secretary of State specifies under sub-paragraph (3) are to be treated as having been made by the local authority itself.
Arrangements which come into operation in accordance with sub-paragraph (4) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the LGA 2000.
As soon as practicable after executive arrangements are adopted under sub-paragraph (2), or specified under sub-paragraph (3), the local authority must comply with the duties set out in the following provisions of the LGA 2000—
section 29(2)(a);
section 29(2)(b)(ii) to (v).
Interpretation
In this Part—“LGA 2000” means the Local Government Act 2000 (c. 22);“relevant election day” means the day in 2009 on which an ordinary election of a mayor would take place if the local authority continued to operate a mayor and council manager executive;“relevant mayoral term”, in relation to proposals, means the term of office of the person who is mayor when the proposals are drawn up;“relevant time” means the time immediately before section 62(6) comes into force;“transitional period” means the period that—starts when section 62(6) comes into force, and ends with the third day after the relevant election day.
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.
Other transitional provision
The Secretary of State may by order make transitional, saving or transitory provision for the purposes of—
supplementing or giving full effect to Part 3 of this Act; or
making provision consequential on the passing of Part 3 of this Act.
An order under sub-paragraph (1) may, in particular, make—
provision as to the dates on which and years in which relevant elections may or must be held;
provision as to the intervals between relevant elections;
provision as to the term of office of any member of any form of executive;
provision as to when sections 33A to 33D of the LGA 2000 are to begin to apply in relation to a local authority;
provision as to when section 39(6) and (7) of the LGA 2000 are to begin to apply in relation to a local authority.
An order under sub-paragraph (1) may, in particular, make provision to supplement any provision made in Part 1 or 2 of this Schedule.
An order under sub-paragraph (1) may not make provision of the kind that may be made under section 243.
In this paragraph “relevant election” means—
an election for the return of an elected mayor;
the election by a local authority of the executive leader of a leader and cabinet executive (England).
Parishes: further amendments
The Local Government Act 1972 (c. 70) is amended in accordance with paragraphs 2 to 9.
Section 9 (parish meetings and councils) is amended as follows.
In subsection (6)—
Section 10 (power to dissolve parish councils in small parishes) is amended as follows.
In subsection (1) after “district council” in each place insert or “ London borough council ”.
Section 11 (orders for grouping parishes etc) is amended as follows.
In subsection (1)—
after “district council” in each place insert “ or London borough council ”;
after “same district” insert “ or London borough ”.
In subsection (3), for paragraph (b) substitute—.
After subsection (3) insert—
In subsection (4) after “district council” in each place insert “ or London borough council ”.
In subsection (1)—
after “district councils” in the first place insert “ or by a London borough council ”;
after “district councils” in the second place insert “ or the London borough council ”.
Section 16 (parish councillors) is amended as follows.
In subsection (1), after “each parish” insert “ council ”.
In subsection (2), at the end insert “ and relevant electoral arrangements ”.
After subsection (2) insert—
Section 137 (power of local authorities to incur expenditure for certain purposes) is amended as follows.
In subsection (9) for “means a parish or community council” substitute.
Section 245 (status of certain districts, parishes and communities) is amended as follows.
After subsection (7) insert—
Schedule 3 (establishment of new authorities in England) is amended as follows.
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 ”.
The Local Government and Rating Act 1997 (c. 29) is amended as follows.
Omit Part 2.
Byelaws: further amendments
Public Health Acts Amendment Act 1907 (c. 53)
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)
In section 231(1) of the Public Health Act 1936 (byelaws with respect to public bathing)—
in paragraph (b), omit “bathing-machines may be stationed, or”,
in paragraph (c), omit “bathing-machines,”,
omit paragraph (d).
Public Health (Control of Disease) Act 1984 (c. 22)
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)
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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) ”.
Amendments consequential on removing parish councils etc from best value duties
Local Government, Planning and Land Act 1980 (c. 65)
In section 2(1) of the Local Government, Planning and Land Act 1980 (duty of authorities to publish information) after paragraph (b) insert—.
Local Government Act 1999 (c. 27)
The Local Government Act 1999 is amended as follows.
Before section 19 insert— “ Exclusion of non-commercial considerations ”.
In section 19 (exclusion of non-commercial considerations for the purposes of section 17 of the Local Government Act 1988)—
in subsection (1)(a) and (b), for “best value authorities” substitute “ relevant authorities ”;
in subsections (1)(c) and (4), for “best value authority” substitute “ relevant authority ”;
after subsection (4) insert—
After section 19 insert— “ Publication of information ”.
In section 26(2)(a) (guidance), omit “best value”.
Local Government Act 2003 (c. 26)
The Local Government Act 2003 is amended as follows.
In section 93 (power to charge for discretionary services)—
in subsections (1), (5) and (6), for “best value authority” substitute “ relevant authority ”;
after subsection (8) insert—
in subsections (1)(a) and (b)(iii) for “best value authority” substitute “ relevant authority ”;
in subsections (1)(a) and (b)(i) and (ii) for “best value authorities” substitute “ relevant authorities ”;
after subsection (2) insert—
In section 95 (power to trade in function-related activities through a company)—
in subsections (1)(a) and (3)(a) (in both places) for “best value authorities” substitute “ relevant authorities ”;
in subsections (2), (3)(a) and (5) and in the definition of “ordinary functions” in subsection (7), for “best value authority” substitute “ relevant authority ”;
in subsection (7), omit the definition of “best value authority”;
in that subsection, at the end insert—
In section 96 (regulation of trading powers)—
in subsections (1), (2) and (3)(c) for “best value authority” substitute “ relevant authority ”;
in subsection (3)(a) and (b) for “best value authorities” substitute “ relevant authorities ”;
for subsection (4) substitute—
In section 97 (power to modify enactments in connection with charging or trading)—
in subsections (1) and (4)(a) and (b) for “best value authorities” substitute “ relevant authorities ”;
in subsections (2), (4)(c), (6) and (11) (in the definition of “discretionary service” and “ordinary functions”) for “best value authority” substitute “ relevant authority ”;
in subsection (11) at the end insert—
in subsection (1)(a) for “best value authorities” substitute “ relevant authorities ”;
after subsection (7) insert—
In section 101 (staff transfer matters: general)—
in subsections (1) and (3) for “a best value authority (in Scotland, a relevant authority)” substitute “ a relevant authority ”;
in subsection (6)(a)(i) for “all best value authorities (or, as the case may be, relevant authorities)” substitute “ all relevant authorities ”;
after subsection (7) insert—
in subsection (8)—
after “In this section” insert “ , in relation to Scotland ”;
in the definition of “appropriate person” omit “, in relation to Scotland,”.
In section 102 (staff transfer matters: pensions) after subsection (7) insert—
In section 102(8) (definitions)—
after “in this section” insert “ , in relation to Scotland ”;
in the definition of “appropriate person”, omit “in relation to Scotland,”;
in the definition of “local authority”—
omit paragraph (a);
in paragraph (b), omit “in relation to Scotland,”;
after the definition of “local authority” insert—.
Best value: minor and consequential amendments
Part 1 of Local Government Act 1999
Part 1 of the Local Government Act 1999 (c. 27) (best value authorities) is amended in accordance with this Part of this Schedule.
Section 1 (best value authorities) is amended as follows.
In subsection (1)—
for paragraph (a) substitute—;
in paragraph (b), at the end insert “ for a National Park in England ”;
in paragraph (e), after “fire and rescue authority” insert “ in England ”;
for paragraph (g) substitute—;
after paragraph (j) insert—
In subsection (2) (definition of local authority in relation to England)—
for the words preceding paragraph (a) substitute “ In this section, “English local authority” means ”;
in paragraph (a), after “a county council” insert “ in England ”.
Omit subsection (3) (definition of local authority in relation to Wales).
In subsection (4) (definition of police authorities), for “In this section” substitute “ In this Part ”.
Omit subsection (5) (definition of waste disposal authorities).
Omit subsection (8) (exclusion of police authorities from certain provisions).
Section 2 (power to extend or disapply) is amended as follows.
In the title, at the end insert “ : Secretary of State ”.
In subsection (2)—
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 ”;
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 ”.
Omit subsection (3) (power to apply section 7 with modifications).
In subsection (5), for the words from “to a duty” to the end substitute “ to the duty in section 3. ”
After subsection (5) insert—
Section 2A (power of National Assembly for Wales to extend or disapply best value duties) is amended as follows.
In the title, for “best value authorities in Wales” substitute “ Welsh Ministers ”.
In subsections (1) and (4), for “National Assembly for Wales” substitute “ Welsh Ministers ”;
In subsections (1), (3) and (4) for “best value authority in Wales” substitute “ Welsh best value authority ”.
In subsection (2)—
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 ”;
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 ”.
For the heading immediately preceding section 3 substitute “ Duties: general ”.
Section 4 (performance indicators and standards) is amended as follows.
In subsections (1), (3) and (4) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (3)—
in paragraph (a), for “him” substitute “ them ”;
in paragraph (b) for “he thinks” substitute “ they think ”.
In subsection (4)(b)—
for “him” substitute “ them ”;
for “relevant audit authority” substitute “ Auditor General for Wales ”.
Omit subsection (6) (definition of relevant audit authority).
In section 6 (best value performance plans), in subsections (2), (3)(b) and (4) for “Secretary of State” substitute “ Welsh Ministers ”.
In the heading immediately before section 7, at the end insert “ : Welsh best value authorities ”.
Section 7 (audit of best value performance plans) is amended as follows.
In subsection (1), for “best value authority” substitute “ Welsh best value authority ”.
Omit subsection (3) (auditors appointed by the Audit Commission).
In subsection (3A), omit “If an authority's auditor is appointed by the Auditor General for Wales,”.
In subsection (4)—
omit paragraph (e);
in paragraph (ea), omit “if the auditor is appointed by the Auditor General for Wales,”;
in paragraph (f) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (5)—
omit paragraph (b);
in paragraph (ba), omit “if the auditor is appointed by the Auditor General for Wales,”;
in paragraph (c) (in both places) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (6)(b) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (7), omit “, (3)”.
In subsection (8)—
omit paragraph (a);
in paragraph (aa), omit “if he was appointed by the Auditor General for Wales,”;
in the words following paragraph (b), omit “, (3)”.
In subsection (8A)—
in paragraph (a), omit “, if the authority is a best value authority in Wales”;
omit paragraph (b).
Omit subsection (9) (application of section 3 of Audit Commission Act 1998 where auditor appointed by the Audit Commission).
Omit section 8 (Audit Commission's code of practice and fees).
In section 8A(5)—
in paragraph (a), for “Assembly” substitute “ Welsh Ministers ”;
in paragraph (b), for “best value authorities in Wales” substitute “ Welsh best value authorities ”.
In section 8B (auditor's duty in relation to codes) omit—
subsection (1) (auditors appointed by Audit Commission); and
subsections (3) and (4) (transitional provision).
In section 9 (response to audit)—
in subsections (1) and (2) for “best value authority” substitute “ Welsh best value authority ”;
in subsection (6) (in both places) for “Secretary of State” substitute “ Welsh Ministers ”.
Section 10 (best value inspections by Audit Commission) is amended as follows.
In subsection (4), omit paragraph (a).
In subsection (5), for “a best value authority in Wales” substitute
Section 10A (best value inspections by Auditor General for Wales) is amended as follows.
In subsection (1) for “a best value authority in Wales” substitute
In subsection (2) for “specified best value authority in Wales” substitute “ specified authority mentioned in subsection (1) ”.
In section 11 (inspectors' powers and duties), in subsection (4)(b) omit “must”.
In section 12A(4)(b) (consultation about fees for inspections by Auditor General for Wales) for “best value authorities in Wales” substitute “ best value authorities which may be inspected under section 10A ”.
In section 13 (reports by Audit Commission) omit subsection (5) (performance plans to record failure to comply with Part 1).
In section 13A (reports by Auditor General for Wales), in subsection (5) (performance plans to record failure to comply with Part 1), for “an authority” substitute “ a Welsh best value authority ”.
In section 15(2) (Secretary of State's powers)—
for the words from “direct it” to the end of paragraph (b) substitute—;
in paragraph (c), at the beginning insert “ in the case of any best value authority, direct it ”.
Section 23 (accounts) is amended as follows.
In subsection (4), in paragraph (za), for “best value authorities in Wales” substitute “ Welsh best value authorities or police authorities for police areas in Wales ”.
In subsection (6), omit “(within the meaning of section 7)”.
After subsection (6) insert—
Section 29 (modification for Wales) is amended as follows.
For subsections (1) and (2) substitute—
In subsection (4)—
omit “to Wales”;
for “National Assembly for Wales” and “Assembly” substitute “ Welsh Ministers ”.
After subsection (4) insert—
Other minor and consequential amendments
Housing Associations Act 1985 (c. 69)
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Railways and Transport Safety Act 2003 (c. 20)
In section 54 of the Railways and Transport Safety Act 2003 (performance directions), for subsection (1) substitute—
Local Government Act 2003 (c. 26)
The Local Government Act 2003 is amended as follows.
In section 36(1) (grants in connection with designation for service excellence), for “subject to any of the duties in sections 3 to 6 of the Local Government Act 1999 (best value duties)” substitute “ which, in relation to any of its functions, is subject to the duty in section 3(1) of the Local Government Act 1999 (best value duty) ”.
In section 101 (staff transfer matters: general), for subsection (7) substitute—
Fire and Rescue Services Act 2004 (c. 21)
Section 24 of the Fire and Rescue Services Act 2004 (inspection of compliance with obligation to have regard to Fire and Rescue National Framework) is amended as follows.
In subsection (1), for “13” substitute “ 13A ”.
In subsection (2), for “section 13(2)(b) and (4)” substitute “ sections 13(2)(b) and (4) and 13A(2)(b) and (4) ”.
Public Audit (Wales) Act 2004 (c. 23)
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Consequential amendments relating to change of name of the Audit Commission
Amendment of references to the current name of the Commission
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Amendment of references to the old name of the Commission
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Repeal of provision in the Audit Commission Act 1998 (c. 18) relating to the previous change of name of the Commission
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Benefit Fraud Inspectorate: transfer schemes
Transfer of staff
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Property, rights and liabilities etc.
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Schedule to be inserted in Audit Commission Act 1998
The Commission for Local Administration in England: minor and consequential amendments
Amendments of Part 3 of Local Government Act 1974
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.
In section 23(12) (three-yearly reviews by the Commission), for “complaints” substitute “ matters ”.
Section 26 (matters subject to investigation) is amended as follows.
In subsection (5)—
for “a complaint” substitute “ a matter ”;
in paragraph (a)—
for “the complaint has” substitute “ the matter has ”;
for “the person aggrieved” substitute “ the person affected ”;
for “the complaint relates” substitute “ it relates ”;
for “to investigate, and reply to, the complaint” substitute “ to investigate the matter and to respond ”;
in paragraph (b)—
for “the complaint to be” substitute “ the matter to be ”;
for “to investigate, and reply to, the complaint” substitute “ to investigate the matter and to respond ”.
In subsection (6), for “person aggrieved” (in each place) substitute “ person affected ”.
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 ”.
In subsection (7), in paragraphs (aa), (a) (in both places) and (ba), for “complaint” substitute “ matter ”.
Omit subsection (10) (Local Commissioners' discretion to investigate matters etc).
In subsection (11)—
in paragraph (a), for “person aggrieved” substitute “ person affected ”;
omit paragraph (b).
Omit subsections (12) and (13) (restrictions on investigating matters arising before specified dates).
Section 28 (payments to complainants and persons assisting with investigations) is amended as follows.
In subsection (1)—
for “conduct an investigation pursuant to a complaint” substitute “ investigate a matter under this Part of this Act ”;
after “who is alleged in the complaint” insert “ (if any), or who otherwise appears to the Local Commissioner, ”;
for “the action complained of” substitute “ the action which would be the subject of the investigation ”;
for “any allegations contained in the complaint” substitute “ the matter ”.
In subsection (2), for “such investigation” substitute “ investigation under this Part of this Act ”.
In subsection (3)—
after “the complaint” insert “ (if any) ”;
omit the words following paragraph (b).
In subsection (4)—
after “the authority concerned” insert “ or any other person ”;
for “that authority” substitute “ the authority concerned or any other person ”.
Section 29 (further provisions about investigations) is amended as follows.
In subsection (6), omit “with the approval of the Minister for the Civil Service”.
In subsection (8), for “or any officer of the Commission assisting in the performance” substitute “ or any person discharging or assisting in the discharge ”.
Section 31A (consideration of adverse reports) is amended as follows.
For subsections (1) to (2A) substitute—
In subsection (3)—
for “subsections (1) and (2)” substitute “ subsection (1A) ”;
in paragraph (a), for “the said section 101, or” substitute “ section 101 of the Local Government Act 1972, ”;
for paragraph (b) substitute—
In subsection (5), for the words from the beginning to “shall vote” substitute “ No individual shall decide or vote ”.
Omit subsections (5A) and (6).
In subsection (7)—
omit “Where the authority concerned is the Greater London Authority,”;
for “the Authority” substitute “ the Greater London Authority ”;
for “the authority concerned (other than references to a member of the authority concerned)” substitute “ an authority ”.
Section 32 (law of defamation and disclosure of information) is amended as follows.
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 ”.
In subsection (1)(b)—
for “any officer of the Commission” substitute “ any person discharging or assisting in the discharge of a function of a Local Commissioner ”;
after “a complainant” insert “ , or with the person affected in relation to a matter, ”.
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 ”.
In subsection (1)(d), for “section 24” substitute “ section 23A ”.
After subsection (1)(e) insert—
In subsection (2)—
for “any officer of the Commission” substitute “ any person discharging or assisting in the discharge of a function of a Local Commissioner ”;
in paragraph (b), for “an officer of the Commission” substitute “ a person discharging or assisting in the discharge of a function of Local Commissioner ”;
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 ”.
In subsection (3)—
for “any of the authorities mentioned in section 25(1) above” substitute “ any of the authorities to which this Part of this Act applies ”;
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 ”.
After subsection (3A) (inserted by section 178) insert—
Section 33 (consultation with other Commissioners etc) is amended as follows.
In subsection (1)—
for “the complaint relates partly to” substitute “ the matters which are the subject of the investigation include ”;
for “about the complaint and” substitute “ about the matter and, where a complaint was made about the matter, he shall ”.
In subsection (2)—
for “a complaint under this Part of this Act” substitute “ a matter under investigation under this Part of this Act ”;
for “any matter relating to the complaint” substitute “ anything relating to the matter ”;
in paragraph (a), for “complaint” substitute “ matter ”.
Section 33ZA (collaborative working between Local Commissioners and other Commissioners) is amended as follows.
In subsection (1), for “the complaint relates partly to” substitute “ the matters which are the subject of the investigation include ”.
In subsection (2)—
for “the person aggrieved” substitute “ the person affected ”;
for “any person acting on his behalf in accordance with subsection (2) of section 27 of this Act” substitute “ the complainant (if any) ”.
In subsection (4), omit “of a complaint”.
In section 34(1) (interpretation of Part)—
in the definition of “member”, omit paragraphs (b) and (c);
for the definition of “person aggrieved” substitute—.
Schedule 4 (the Commission) is amended as follows.
In paragraph 3 (remuneration etc of Commissioners and their officers)—
in sub-paragraph (1) omit “, with the approval of the Minister for the Civil Service,”;
in sub-paragraph (2) omit “, with the consent of the Minister for the Civil Service,”.
In paragraph 4 (staff and accommodation)—
in sub-paragraph (2), for “complaints” substitute “ matters ”;
omit sub-paragraphs (5) and (6).
In Schedule 5 (matters not subject to investigation), in paragraphs 2, 6, 7 and 8, after “taken by” insert “ or on behalf of ”.
Other amendments
Parliamentary Commissioner Act 1967 (c. 13)
The Parliamentary Commissioner Act 1967 is amended as follows.
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 ”.
In section 11 (provision for secrecy of information), in subsection (2)(aa) for “a complaint” substitute “ a matter ”.
In section 11ZAA (collaborative working between Parliamentary Commissioner and other Commissioners)—
in subsection (3)—
for “a complaint which is being investigated” substitute “ matters which are the subject of an investigation ”;
for “relates partly to” substitute “ include ”;
after “investigation” insert “ of that matter ”;
in subsection (4)—
for “a complaint” substitute “ a matter ”;
for “the complaint” substitute “ a complaint about the matter ”;
in subsection (5), omit “of a complaint”.
Local Government and Housing Act 1989 (c. 42)
The Local Government and Housing Act 1989 is amended as follows.
In section 5 (reports of monitoring officer), in subsection (2)—
after paragraph (a) insert—;
in paragraph (b), omit “Part III of the Local Government Act 1974 (Local Commissioners) or”.
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)
The Health Service Commissioners Act 1993 is amended as follows.
In section 15 (confidentiality of information), in subsection (1)(aa) for “a complaint” substitute “ a matter ”.
In section 18ZA (collaborative working between the Commissioner and other Commissioners)—
in subsection (3)—
for “a complaint which is being investigated” substitute “ matters which are the subject of an investigation ”;
for “relates partly to” substitute “ include ”;
after “investigation” insert “ of that matter ”;
in subsection (4), omit “of a complaint”;
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 ”.
In Schedule 1 (the English Commissioner), in paragraph 12A—
after “performed by” insert;
for “the Commission for Local Administration in England” substitute—.
Greater London Authority Act 1999 (c. 29)
In section 73(6) of the Greater London Authority Act 1999 (monitoring officer), for “injustice” substitute “ failure ”.
Local Government Act 2000 (c. 22)
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Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
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) ”.
Consequential amendments relating to joint waste authorities
Amendments of Local Government Act 1972
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Other amendments
Landlord and Tenant Act 1954 (c. 56)
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Trustee Investments Act 1961 (c. 62)
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Leasehold Reform Act 1967 (c. 88)
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Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
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Local Authorities (Goods and Services) Act 1970 (c. 39)
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Employment Agencies Act 1973 (c. 35)
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Local Government Act 1974 (c. 7)
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Health and Safety at Work etc Act 1974 (c. 37)
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Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
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Rent (Agriculture) Act 1976 (c. 80)
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Rent Act 1977 (c. 42)
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Local Government, Planning and Land Act 1980 (c. 65)
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Acquisition of Land Act 1981 (c. 67)
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Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
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Stock Transfer Act 1982 (c. 41)
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County Courts Act 1984 (c. 28)
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Housing Act 1985 (c. 68)
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Landlord and Tenant Act 1985 (c. 70)
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Local Government Act 1988 (c. 9)
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Housing Act 1988 (c. 50)
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Road Traffic Act 1988 (c. 52)
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Local Government and Housing Act 1989 (c. 42)
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Environmental Protection Act 1990 (c. 43)
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Local Government (Overseas Assistance) Act 1993 (c. 25)
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Housing Grants, Construction and Regeneration Act 1996 (c. 53)
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Audit Commission Act 1998 (c. 18)
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Local Government Act 1999 (c. 27)
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Freedom of Information Act 2000 (c. 36)
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Local Government Act 2003 (c. 26)
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Consequential amendments relating to entities controlled etc by local authorities
Prevention of Corruption Act 1916 (c. 64)
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Local Government Act 1972 (c. 70)
Section 80 of the Local Government Act 1972 (disqualifications for election and holding office as member of local authority) is amended as follows.
In subsection (1), for paragraph (aa) substitute—.
After subsection (3) insert—
Local Government, Planning and Land Act 1980 (c. 65)
The Local Government, Planning and Land Act 1980 is amended as follows.
In section 98 (disposal of land at direction of Secretary of State)—
in subsection (8)(d)—
for “bodies” substitute “ authorities ”;
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 ”;
in subsection (8A) for “bodies” substitute “ authorities ”.
In section 100 (interpretation etc of Part 10)—
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 ore other bodies ”;
after subsection (1) insert—
Environment Act 1995 (c. 25)
Paragraph 7 of Schedule 7 to the Environment Act 1995 (National Park authorities) is amended as follows.
In sub-paragraph (2) for the words from “a company” to the end substitute “ an entity which is under the control of that authority ”.
After sub-paragraph (4) insert—
Local Government Act 2003 (c. 26)
The Local Government Act 2003 is amended as follows.
In section 18 (local authority companies etc)—
in subsection (2), at the end of paragraph (a) insert “and”, and for paragraphs (b) and (c) substitute—
after subsection (2) insert—
The provision in section 24 of that Act (Wales) is renumbered subsection (1) of that section, and after that provision there is inserted—
In section 95 (power to trade in function-related activities through a company)—
in subsection (4) omit the words from “within” to the end;
for subsections (5) and (6) substitute—;
in subsection (7), before the definition of “ordinary functions” insert—.
In subsection 96(5) (definition of “company”) for the words from “Part 5” to the end substitute “ section 95 ”.
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Public Audit (Wales) Act 2004 (c. 23)
Section 48 of the Public Audit (Wales) Act 2004 (permitted methods of publishing information) is amended as follows.
In subsection (3)(a) for “a local authority company” substitute “ an entity under the control of a local authority ”.
For subsections (5) and (6) substitute—
The Valuation Tribunal for England
Introduction
Schedule 11 to the Local Government Finance Act 1988 (c. 41) is amended as follows.
Establishment of the Tribunal
Before paragraph 1 (and the italic heading preceding it) insert—
Schedule 11 to be divided into Parts
The entries in the first column of the following table set out certain provisions of Schedule 11 (as amended in accordance with this Schedule).
The provisions set out in such an entry become the Part of Schedule 11 set out in the corresponding entry in the second column.
That Part has the title set out in the corresponding entry in the third column.
Retention of existing arrangements for Wales
In paragraph 1 (establishment of tribunals)—
in sub-paragraph (1) for “of tribunals” insert “ , in relation to Wales, of one or more tribunals ”;
omit sub-paragraph (2)(a);
in sub-paragraph (2)(b) omit “so far as relating to Wales,”.
After paragraph 1 insert—
Omit paragraph 3 (transfer of jurisdiction of local valuation courts).
The repeal of paragraph 3 does not affect any regulations made under that paragraph before the repeal comes into force.
In paragraph 5(1) (regulations about membership of tribunals), in sub-paragraph (p) after “such” insert “ remuneration and ”.
In paragraph 6(1) (staff) omit “, so far as relating to Wales,”.
In paragraph 7(1) (accommodation and equipment) omit “, so far as relating to Wales,”.
For the italic heading before paragraph 8 substitute— “ Dealing with appeals ”
Paragraph 8(1) becomes paragraph 7A of Schedule 11.
Amendment of provisions relating to England and to Wales
Before paragraph 8(2) insert—
In paragraph 9(2) for “paragraph 1” substitute “ paragraph A19 or paragraph 1 ”.
In paragraph 10(2) for “paragraph 1” substitute “ paragraph A19 or paragraph 1 ”.
In paragraph 10A(2) for “paragraph 1” substitute “ paragraph A19 or paragraph 1 ”.
In paragraph 11(1) for “paragraph 1” substitute “ paragraph A19 or paragraph 1 ”.
In paragraph 12(1) for “paragraph 1” substitute “ paragraph A19 or paragraph 1 ”.
After paragraph 12 insert—
For the italic heading before paragraph 13 substitute— “ Finance: Wales ”
In paragraph 13 for “tribunals” substitute “ the tribunals established in relation to Wales by regulations under paragraph 1 ”.
In paragraph 15 for “paragraph 4” substitute “ paragraph A3 or paragraph 4 ”.
Consequential amendments relating to the creation of the Valuation Tribunal for England
House of Commons Disqualification Act 1975 (c. 24)
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)
The Local Government Finance Act 1988 is amended as follows.
Section 55 (alteration of lists) is amended in accordance with this paragraph.
In subsection (5) omit “established under Schedule 11 below”.
After subsection (7A) insert—
Schedule 4A (non-domestic rating: new buildings (completion days)) is amended in accordance with this paragraph.
In paragraph 4 (appeals against completion notices), after sub-paragraph (2) insert—
Schedule 9 (non-domestic rating: administration) is amended in accordance with this paragraph.
In paragraph 5C (non-compliance with information notice: appeals against penalties), after sub-paragraph (6) insert—
Land Drainage Act 1991 (c. 59)
Section 45 of the Land Drainage Act 1991 (appeals against determinations of annual value) is amended in accordance with this paragraph.
In subsection (7)(a) omit “, in accordance with regulations under Schedule 11 to the Local Government Finance Act 1988,”.
After subsection (7) insert—
Local Government Finance Act 1992 (c. 14)
Section 69 of the Local Government Finance Act 1992 (interpretation etc of Part 1) is amended in accordance with this paragraph.
In subsection (1), for the definition of “valuation tribunal” substitute—
Tribunals and Inquiries Act 1992 (c. 53)
Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals) is amended in accordance with this paragraph.
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)
Section 78A of the Finance Act 2003 (disclosure of information contained in land transaction returns) is amended in accordance with this paragraph.
In subsection (1)(b), omit “established under Schedule 11 to the Local Government Finance Act 1988”.
After subsection (3) insert—
Local Government Act 2003 (c. 26)
The Local Government Act 2003 is amended as follows.
Section 105 (the Valuation Tribunal Service) is amended in accordance with this paragraph.
In subsection (2)—
for “valuation tribunals in England” substitute “ the Valuation Tribunal for England (referred to in this section and Schedule 4 as “the Tribunal”) ”;
in paragraph (a) for “tribunals” substitute “ the Tribunal ”;
in paragraph (a)(ii) for “clerks to tribunals” substitute “ the clerk of the Tribunal ”;
in paragraph (a)(v) for “(including clerks to) tribunals” substitute “ the Tribunal (including the clerk of the Tribunal) ”;
after paragraph (a) insert—;
in paragraph (b) for “tribunals” substitute “ the Tribunal ”.
In subsection (5)—
for “valuation tribunals” substitute “ the Tribunal ”;
for “their” substitute “ its ”.
In subsection (6)—
for “valuation tribunals” substitute “ the Tribunal ”;
for “the Tribunals concerned” substitute “ the President of the Tribunal ”.
In section 124 (general interpretation), omit the definition of “valuation tribunal”.
Schedule 4 (the Valuation Tribunal Service) is amended in accordance with this paragraph.
In paragraph 1 (membership)—
after sub-paragraph (1) insert—;
for sub-paragraph (3)(a) substitute—.
In paragraph 3 (tenure of office)—
after sub-paragraph (1) insert—;
in sub-paragraph (2) after “A person” insert “ other than the President of the Tribunal ”.
In paragraph 4 (cessation of membership), for sub-paragraph (1)(b) substitute—.
For paragraph 9 substitute—
In paragraph 27 (interpretation), after the definition of “financial year” insert—
Constitutional Reform Act 2005 (c. 4)
The Constitutional Reform Act 2005 is amended as follows.
Schedule 7 (protected functions of the Lord Chancellor) is amended in accordance with this paragraph.
In Part A of that Schedule (general), insert at the appropriate place—
Schedule 14 (Judicial Appointments Commission: relevant offices and enactments) is amended in accordance with this paragraph.
In Part 3 of the Schedule, insert at the appropriate place—
Powers of National Assembly for Wales
Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly measures) is amended in accordance with this Schedule.
In Part 1, after the heading “Field 12: local government” insert—
In Part 2, after paragraph 2 insert—
In Part 3, after paragraph 7 insert—
Repeals
Structural and boundary change
In section 13—subsections (1) and (2); subsection (7)(a).
In section 14—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); subsections (2), (3), (5), (6) and (7).
Section 15(7A)(a).
Section 16.
In section 17—subsection (1); subsection (2)(a); 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”; subsections (3A) and (3B); in subsection (4), the words “or in an agreement under section 20 below”; subsections (5) and (6).
Section 18.
Section 19(2).
In section 26—in subsection (1), paragraphs (a) and (b) and, in paragraph (c), the words “or relates only to parishes”; subsection (2); in subsection (3), the words “orders or” in the first place where they occur; in subsection (4) the words “order or”; subsection (5); in subsection (6), the words “the Secretary of State is or”, the words “he or”, and the words “he thinks or”.
Electoral arrangements
In section 15—subsection (1)(c) and the word “and” immediately preceding it; subsection (2); subsection (3)(a) and (c); in subsection (6)(a), the words “a further report under subsection (4) containing”; subsection (8).
Section 15A.
In section 17(2), the words “or the submission of a report”.
Executive arrangements
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”.
In Schedule 12—paragraph 1(2)(aa); in paragraph 5(5), the words “or a mayor and council manager executive”.
Parishes
Community strategies
Overview and scrutiny committees
Byelaws
In section 231(1)—in paragraph (b), the words “bathing-machines may be stationed, or”; in paragraph (c), the words “bathing-machines,”; paragraph (d).
Best value
In section 1—in subsection (1)(d), the words “(subject to subsection (8))”; subsection (3); subsection (5); subsection (6)(c); subsection (8).
In section 2—subsection (2)(a); subsection (3).
Section 4(6).
Section 5.
Section 6(2)(c), (d) and (l).
Section 7(3).
In section 7(3A), the words “If an authority's auditor is appointed by the Auditor General for Wales,”.
In section 7(4)—paragraph (e); in paragraph (ea), the words “if the auditor is appointed by the Auditor General for Wales,”.
In section 7(5)—paragraph (b); in paragraph (ba), the words “if the auditor is appointed by the Auditor General for Wales,”.
In section 7(7), the word “, (3)”.
In section 7(8)—paragraph (a); in paragraph (aa), the words “if he was appointed by the Auditor General for Wales,”; in the words following paragraph (b), the word “, (3)”.
In section 7(8A)—in paragraph (a), the words “, if the authority is a best value authority in Wales,”; paragraph (b).
Section 7(9).
Section 8.
Section 8B(1), (3) and (4).
In section 10(4), paragraph (a) and the word “and” following that paragraph.
In section 11(4)(b), the word “must”.
Section 13(5).
Section 21.
Section 22(8).
In section 23(6), the words “(within the meaning of section 7)”.
In section 26(2)(a), the words “best value”.
In section 28(2), the word “5,”.
In section 29—subsection (3); in subsection (4), the words “to Wales”.
In section 21—in subsection (4), the words “Subject to subsection (5),”; subsection (5).
In section 95(7), the definition of “best value authority”.
In section 100(2)(b), the words “4 to 6,”.
In section 101(8), in the definition of “appropriate person”, the words “, in relation to Scotland,”.
In section 102(8)—in the definition of “appropriate person”, the words “in relation to Scotland,”; in the definition of “local authority”, paragraph (a) and, in paragraph (b), the words “in relation to Scotland,”.
Section 59(4).
In Schedule 1—paragraph 4; paragraph 5(2), (4), (6), (9) and (13).
Change of name of the Audit Commission
In section 1(1), the words “and Wales”.
In section 53(1), in the definition of “the Commission”, the words “and Wales”.
In Schedule 4, paragraph 8.
In section 99(7), in the definition of “the Audit Commission”, the words “and Wales”.
In section 110(4), the words “and Wales”.
In Schedule 7, in paragraph 23(7), the words “and Wales”.
In Schedule 15, in paragraph 4(4), the words “and Wales”.
Interaction of the Audit Commission with other authorities
Section 37.
In Schedule 1, paragraph 8(2)(a).
Studies and reports etc of the Audit Commission
In section 5(1), paragraph (f) and the word “and” immediately preceding it.
Section 33(2).
In section 33(6)—the words “, other than a study within paragraph (a) or (b) of subsection (2),”; in paragraph (c), the words “the Secretary of State,”; the word “and” immediately preceding paragraph (e).
Sections 35 and 35A.
In section 40(1), the words “(other than registered social landlords in Wales)”.
Section 41A(1A).
Section 42.
In Schedule 1, paragraph 8(2)(d).
In section 70—in subsection (3), “or 35”; in subsection (4), “or, as the case may be, 35”.
In Schedule 2, paragraphs 27(2)(b), 29(2) and 31.
Audit Commission and auditors: miscellaneous
Section 49(1A).
In section 49(3)(a), the words “to imprisonment for a term not exceeding six months or” and the words “or to both; or”.
Section 49(3)(b).
Section 49A.
Auditor General for Wales and auditors
Section 54(2A).
In section 54(4)(a), the words “to imprisonment for a term not exceeding six months or” and the words “or to both;”.
Section 54(4)(b).
Section 54A.
The Commission for Local Administration in England
In section 23—in subsection (4), the words from “after consultation” to the end; in subsection (6), the words from “, and shall in any case vacate office” to the end.
Section 23A(4) and (5).
In section 25—in subsection (4A), paragraphs (b) and (c); subsection (4B).
In section 26—subsections (2) to (4); subsection (10); subsection (11)(b) (together with the word “and” immediately preceding it); subsections (12) and (13).
Section 27(2).
In section 28(3), the words following paragraph (b).
In section 29(6), the words “with the approval of the Minister for the Civil Service”.
In section 31A—subsection (5A); subsection (6); in subsection (7), the words “Where the authority concerned is the Greater London Authority,”.
In section 33ZA(4), the words “of a complaint”.
In section 34(1), in the definition of “member”, paragraphs (b) and (c).
In Schedule 4—in paragraph 1(1)(b), the words “or is a member (by co-option) of a committee of any of those authorities”; in paragraph 3(1), the words “, with the approval of the Minister for the Civil Service,”; in paragraph 3(2), the words “, with the consent of the Minister for the Civil Service,”; paragraph 4(5) and (6).
In section 5(2)(b), the words “Part III of the Local Government Act 1974 (Local Commissioners) or”.
Section 24(1).
In Schedule 11, paragraph 37.
In Schedule 6—paragraph 9(5); paragraph 13(2), (3) and (4); paragraph 18(11).
Ethical standards
In section 52, in each of subsections (1) to (4), the words “in performing his functions”.
In section 54A(2), the words “55 or”.
In section 55—in the sidenote, the words “or sub-committees”; subsection (3); in subsection (8), the words from the beginning to “section, and”; subsections (9) and (10); in subsection (11), the words “or in relation to”, in both places where they occur, and the words after paragraph (b).
In section 62(1), the words “relating to a relevant authority” and the words from “in relation to” to the end.
In Schedule 4, in paragraph 2(1), the word “or” following paragraph (b).
Entities controlled etc by local authorities
Valuation tribunals
In section 55(5), the words “established under Schedule 11 below”.
In Schedule 11—paragraph 1(2)(a); in paragraph 1(2)(b) the words “so far as relating to Wales,”; paragraph 3; in paragraph 6(1) the words “, so far as relating to Wales,”; in paragraph 7(1) the words “, so far as relating to Wales,”.
In section 124, the definition of “valuation tribunal”.
In Schedule 7, paragraph 27(b) and (c).
Patient and public involvement in health
Section 19(6) and (7).
In Schedule 6, paragraphs 17 to 19.
In section 35(5), paragraph (a).
In section 38(2), paragraph (b).
In section 56(8), paragraph (a).
Section 243.
Section 248(7) and (8).
In section 271(3), paragraphs (e) and (f).
Schedule 16.
Contracting out