Localism Bill (HL Bill 90)

(3) In subsection (3)—

(a) for “Section 21” substitute “Section 9F”,

(b) in paragraph (a) for “(3), (5) and (9)” substitute “(4)”, and

(c) omit paragraphs (b) to (d).

(4) 5After subsection (3) insert—

“(3A) Section 9FA of the Local Government Act 2000 applies as if such a
committee were an overview and scrutiny committee and as if the
Common Council were a local authority, but with the omission—

(a) of subsection (3),

(b) 10in subsection (6), of paragraph (b), and

(c) in subsection (8)(a), of the reference to members of the
executive.”

(5) In subsection (4)—

(a) for “and (3)” substitute “to (3A)”, and

(b) 15for “section 21(2)” substitute “section 9F(2)”.

78 After section 247 (application to the City of London) insert—

“247A Application to certain other local authorities without overview and
scrutiny committees

(1) This section applies to a local authority (“Authority A”) that—

(a) 20is—

(i) a county council in England,

(ii) a London borough council, or

(iii) a district council for an area for which there is no
county council,

(b) 25does not operate executive arrangements, and

(c) has not appointed an overview and scrutiny committee
under section 9JA of the Local Government Act 2000 (“the
2000 Act”).

(2) Authority A must establish a committee which has, in relation to
30Authority A’s area, the functions which under section 9F(2)(f) of the
2000 Act the overview and scrutiny committee of a local authority
operating executive arrangements (“Authority B”) has in relation
Authority B’s area.

(3) In relation to the committee established by Authority A under
35subsection (2)—

(a) sections 244(2) to (4), 245 and 246 (and Schedule 17 to this Act
and Schedule 11 to the National Health Service (Wales) Act
2006) apply as if the committee were an overview and
scrutiny committee,

(b) 40section 9F of the 2000 Act applies as if—

(i) the committee were an overview and scrutiny
committee,

(ii) subsections (1) to (4) were omitted, and

(iii) in subsection (5) for paragraphs (a) to (c) there were
45substituted “its functions under section 247A(2) of the
National Health Service Act 2006”,

(c) section 9FA of the 2000 Act applies as if—

(i) the committee were an overview and scrutiny
committee,

(ii) subsection (3) were omitted, and

(iii) 5in subsection (8)(a) the reference to members of the
executive were a reference to members of the
authority, and

(d) paragraphs 11 to 13 of Schedule A1 to the 2000 Act apply as
if the committee were an overview and scrutiny committee.

(4) 10In the provisions as applied by subsection (3) references to functions
under any provision of section 9F(2) of the 2000 Act are, in the case
of a committee established by Authority A under subsection (2),
references to the committee’s functions under subsection (2).

(5) In this section “executive arrangements” means executive
15arrangements under Part 1A of the 2000 Act.”

Police and Justice Act 2006 (c. 48)Police and Justice Act 2006 (c. 48)

79 The Police and Justice Act 2006 is amended as follows.

80 (1) Section 19 (local authority scrutiny of crime and disorder matters) is
amended as follows.

(2) 20In subsection (3)(a)—

(a) after the first “section” insert “9F(2) or”, and

(b) after the second “section” insert “9JA(2) or”.

(3) In subsection (9) omit “(within the meaning of Part 2 of the Local
Government Act 2000 (c. 22)Local
Government Act 2000 (c. 22))”.

(4) 25After subsection (9) insert—

“(9A) In subsection (9) “overview and scrutiny committee” means—

(a) in relation to England, an overview and scrutiny committee
within the meaning of Chapter 2 of Part 1A of the Local
Government Act 2000 (see section 9F of that Act), and

(b) 30in relation to Wales, an overview and scrutiny committee
within the meaning of Part 2 of that Act (see section 21 of that
Act).

(9B) In the case of a local authority that operates a committee system and
has appointed one or more overview and scrutiny committees under
35section 9JA of the Local Government Act 2000, the crime and
disorder committee is to be one of those committees.”

(5) In subsection (10) for the words from “not” to “Act 2000” substitute “in cases
that are not within subsection (9) or (9B)”.

(6) In subsection (11)—

(a) 40before the definition of “crime and disorder functions” insert—

• ““committee system” has the same meaning as in Part
  1A of the Local Government Act 2000 (see section
  9B(4) of that Act);”

(b) in the definition of “executive arrangements” for the words from the

second “executive” to the end substitute “—

(a) in relation to England, executive arrangements under
Part 1A of the Local Government Act 2000, and

(b) in relation to Wales, executive arrangements under
5Part 2 of that Act;”.

81 In Schedule 8 (further provision about crime and disorder committees of
certain local authorities) in paragraph 1(1)—

(a) after “authority” insert “—

(a)”,

(b) 10after “Part” insert “1A or”, and

(c) after “(c. 22)” insert “, and

(b) that has not appointed an overview and scrutiny
committee under section 9JA of that Act”.

Section 15

SCHEDULE 4 15Conduct of local government members

Part 1 Amendments of existing provisions

Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

1 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
20subject to investigation) omit the entry for the Standards Board for England.

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

2 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) omit the entry for the
Standards Board for England.

25Northern Ireland Assembly Disqualification Act 1975 (c. 25)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

3 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) omit the entry for
the Standards Board for England.

Race Relations Act 1976 (c. 74)Race Relations Act 1976 (c. 74)

4 30In Part 3 of Schedule 1A to the Race Relations Act 1976 (bodies and other
persons subject to general statutory duty) omit the entry for the Standards
Board for England.

Local Government and Housing Act 1989 (c. 42)Local Government and Housing Act 1989 (c. 42)

5 (1) Section 3A of the Local Government and Housing Act 1989 (grant and
35supervision of exemptions from political restriction: England) is amended as
follows.

(2) In subsection (1)—

(a) for “standards committee” substitute “head of paid service”,

(b) omit “which is a relevant authority”,

(c) in paragraph (a) for “committee” substitute “head of paid service”,
and

(d) 5in that paragraph and paragraph (b) omit “relevant”.

(3) In subsection (2)(a) omit “relevant”.

(4) In subsection (3)—

(a) for “standards committee” substitute “head of paid service”,

(b) for “committee” substitute “head of paid service”, and

(c) 10in paragraph (b) omit “relevant”.

(5) In subsection (4)—

(a) for “standards committee” substitute “local authority’s head of paid
service”,

(b) for “committee” substitute “head of paid service”, and

(c) 15in paragraph (b)(i) omit “relevant”.

(6) Omit subsection (5).

(7) In subsection (6)—

(a) omit “which is a relevant authority”, and

(b) in paragraph (a)—

(i) 20for “standards committee” substitute “head of paid service”,

(ii) for “committee” substitute “head of paid service”, and

(iii) omit “its”.

(8) In subsection (7)—

(a) omit “its”, and

(b) 25for “standards committee” substitute “local authority’s head of paid
service”.

(9) After that subsection insert—

“(7A) In carrying out functions under this section a local authority’s head
of paid service must consult the monitoring officer of that authority
30(unless they are the same person).

(7B) The Secretary of State may by regulations make provision about the
application of this section to a local authority that is not required to
designate one of its officers as the head of its paid service.

(7C) Regulations under subsection (7B) may apply any provisions of this
35section (with or without modifications) to an authority to which they
apply.”

(10) Omit subsections (8) to (10).

Local Government Act 2000 (c. 22)Local Government Act 2000 (c. 22)

6 The Local Government Act 2000 is amended as follows.

7 (1) 40Section 49 (principles governing conduct of members of relevant authorities)
is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2) omit “in Wales (other than police authorities)”.

(4) Omit subsections (2C), (3) and (4).

(5) In subsection (5)(a) omit “in Wales”.

(6) In subsection (6)—

(a) 5in paragraph (a) at the end insert “in Wales”,

(b) omit paragraphs (c) to (e),

(c) omit paragraphs (g) to (k),

(d) in paragraph (l) after “authority” insert “in Wales”,

(e) omit paragraphs (m) to (o), and

(f) 10in paragraph (p) after “authority” insert “in Wales”.

8 (1) Section 50 (model code of conduct) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2) omit “in Wales other than police authorities”.

(4) In subsection (3) omit “(1) or”.

(5) 15In subsection (4)(a) omit—

(a) “49(1) or”, and

(b) “(as the case may be)”.

(6) Omit subsections (4C) and (4D).

(7) In subsection (5) omit “the Secretary of State or”.

(8) 20Omit subsections (6) and (7).

9 (1) Section 51 (duty of relevant authorities to adopt codes of conduct) is
amended as follows.

(2) In subsection (4C) omit the words from “by a” to “police authority”.

(3) In subsection (6)(c)—

(a) 25omit sub-paragraph (i), and

(b) in sub-paragraph (ii) omit the words from “in the case” to “in
Wales,”.

10 In section 52(2) (power for prescribed form of declaration of acceptance of
office to include undertaking to observe code of conduct) after “1972” insert
30“in relation to a relevant authority”.

11 (1) Section 53 (standards committees) is amended as follows.

(2) In subsection (2) omit “parish council or”.

(3) Omit subsections (3) to (10).

(4) In subsection (11)—

(a) 35in paragraph (a) omit “in Wales other than police authorities”, and

(b) in paragraph (k) omit “in Wales (other than police authorities)”.

(5) In subsection (12) omit “(6)(c) to (f) or”.

12 (1) Section 54 (functions of standards committees) is amended as follows.

(2) Omit subsection (4).

(3) In subsection (5) omit “in Wales (other than police authorities)”.

(4) Omit subsection (6).

(5) In subsection (7) omit “in Wales (other than police authorities)”.

13 (1) 5Section 54A (sub-committees of standards committees) is amended as
follows.

(2) In subsection (3) omit “, but this is subject to section 55(7)(b)”.

(3) Omit subsection (4).

(4) In subsection (5) omit “in Wales other than a police authority”.

(5) 10In subsection (6)—

(a) omit “section 55(5) and to”, and

(b) for “53(6)(a) or (11)(a)” substitute “53(11)(a)”.

14 Omit section 55 (standards committees for parish councils).

15 Omit section 56A (joint committees of relevant authorities in England).

16 15Omit section 57 (Standards Board for England).

17 Omit section 57A (written allegations: right to make, and initial assessment).

18 Omit section 57B (right to request review of decision not to act).

19 Omit section 57C (information to be given to subject of allegation).

20 Omit section 57D (power to suspend standards committee’s functions).

21 20Omit section 58 (allegations referred to Standards Board).

22 Omit section 59 (functions of ethical standards officers).

23 Omit section 60 (conduct of investigations).

24 Omit section 61 (procedure in respect of investigations).

25 Omit section 62 (investigations: further provisions).

26 25Omit section 63 (restrictions on disclosure of information).

27 Omit section 64 (reports etc).

28 Omit section 65 (interim reports).

29 Omit section 65A (disclosure by monitoring officers of ethical standards
officers’ reports).

30 30Omit section 66 (matters referred to monitoring officers).

31 Omit section 66A (references to First-tier Tribunal).

32 Omit section 66B (periodic returns).

33 Omit section 66C (information requests).

34 Omit section 67 (consultation with ombudsmen).

35 35In section 68(2) (guidance by Public Services Ombudsman for Wales)—

(a) in paragraph (a)—

(i) omit “in Wales (other than police authorities)”, and

(ii) for “such” substitute “those”, and

(b) in paragraph (b) omit “in Wales (other than police authorities)”.

36 (1) 5Section 69 (investigations by the Public Services Ombudsman for Wales) is
amended as follows.

(2) In subsection (1) omit “in Wales” in both places.

(3) In subsection (5) omit “in Wales”.

37 (1) Section 70 (investigations: further provisions) is amended as follows.

(2) 10In subsection (2)(a), after “63” insert “as those sections had effect
immediately before their repeal by the Localism Act 2011”.

(3) In subsection (5) omit “in Wales”.

38 In section 71(4) (reports etc) omit “in Wales”.

39 In section 72(6) (interim reports) omit “in Wales”.

40 15In section 73 (matters referred to monitoring officers) omit subsection (6).

41 In section 77(7) (offence of failure to comply with regulations about
adjudications in Wales or equivalent provisions of Tribunal Procedure
Rules) omit the words from “, or with” to “First-tier Tribunal,”.

42 (1) Section 78 (decisions of the First-tier Tribunal or interim case tribunals) is
20amended as follows.

(2) In the heading omit “the First-tier Tribunal or”.

(3) In subsection (1)—

(a) omit “the First-tier Tribunal or”, and

(b) in paragraph (a) omit “65(3) or”.

(4) 25In subsection (2) for “the tribunal concerned” substitute “the interim case
tribunal”.

(5) In subsection (3) for “the tribunal concerned” substitute “the interim case
tribunal”.

(6) Omit subsection (4).

(7) 30In subsection (6) omit “78A or”.

(8) In subsection (8A)—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “where the relevant authority concerned is in
Wales,”.

(9) 35In subsection (9) omit—

(a) “The First-tier Tribunal or (as the case may be)”, and

(b) “59 or”.

(10) Omit subsections (9A) to (9D).

43 Omit section 78A (decisions of First-tier Tribunal).

44 Omit section 78B (section 78A: supplementary).

45 In section 79(13) (decisions of case tribunals: Wales) in subsection (13) omit
“in Wales”.

46 (1) Section 80 (recommendations by First-tier Tribunal or case tribunals) is
5amended as follows.

(2) In the heading omit “First-tier Tribunal or”.

(3) In subsection (1) omit “the First-tier Tribunal or”.

(4) In subsection (2) for “The tribunal concerned” substitute “A case tribunal”.

(5) In subsection (3) for “relevant person” substitute “Public Services
10Ombudsman for Wales”.

(6) In subsection (5) for “relevant person” in both places substitute “Public
Services Ombudsman for Wales”.

(7) Omit subsection (6).

47 (1) Section 81 (disclosure and registration of members’ interests) is amended as
15follows.

(2) In subsection (5) for “Secretary of State” substitute “Welsh Ministers”.

(3) In subsection (7)—

(a) omit paragraph (b), and

(b) in paragraph (c) omit “it if is a relevant authority in Wales,”.

(4) 20Omit subsection (8).

48 (1) Section 82 (code of conduct for local government employees) is amended as
follows.

(2) Omit subsection (1).

(3) In subsection (2) omit “in Wales (other than police authorities)”.

(4) 25In subsection (3) omit “(1) or”.

(5) Omit subsections (4) and (5).

(6) In subsection (6)(a)—

(a) omit “in Wales”, and

(b) for “such” substitute “those”.

(7) 30In paragraph (9) omit—

(a) paragraph (a), and

(b) in paragraph (b) “in relation to Wales,”.

49 In section 82A (monitoring officers: delegation of functions under Part 3),
omit “57A, 60(2) or (3), 64(2) or (4),”.

50 (1) 35Section 83 (interpretation of Part 3) is amended as follows.

(2) In subsection (1)—

(a) omit the definitions of—

(i) “the Audit Commission”,

(ii) “ethical standards officer”, and

(iii) “police authority”, and

(b) in the definition of “model code of conduct” omit “(1) and”.

(3) Omit subsections (4), (12), (15) and (16).

51 In section 105(6) (orders and regulations) omit “, 49, 63(1)(j)”.

52 5Omit Schedule 4 (Standards Board for England).

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

53 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities) omit the entry for the Standards Board for England.

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

54 (1) 10Section 183 of the Local Government and Public Involvement in Health Act
2007 (conduct of local authority members: codes of conduct) is amended as
follows.

(2) In subsection (1) omit the subsections (2A) and (2B) to be inserted into
section 49 of the Local Government Act 2000.

(3) 15In subsection (2) omit the subsections (4A) and (4B) to be inserted into
section 50 of the Local Government Act 2000.

(4) In subsection (3) omit the subsections (4A) and (4B) to be inserted into
section 51 of the Local Government Act 2000.

(5) In subsection (7)(b) omit “in Wales other than a police authority”.

20Part 2 Provision supplementary to Part 1

Codes of conduct under the Local Government Act 2000

55 (1) A code of conduct adopted by a relevant authority (within the meaning of
this Chapter of this Part of this Act) ceases to have effect.

(2) 25An undertaking to comply with a code of conduct given by a person under
section 52 of the Local Government Act 2000 or as part of a declaration of
acceptance of office in a form prescribed by order under section 83 of the
Local Government Act 1972 ceases to have effect when the code ceases to
have effect.

(3) 30In this paragraph “code of conduct” means a code of conduct under section
51 of the Local Government Act 2000 or a model code of conduct issued by
order under section 50(1) of that Act.

Power to make provision in connection with the abolition of Standards Board for England

56 (1) The Secretary of State may by order make provision in connection with the
35abolition of the Standards Board for England (“the Board”).

(2) An order under this paragraph may make provision that has effect on or
before the abolition date.

(3) An order under this paragraph may, in particular, make provision about the
property, rights and liabilities of the Board (including rights and liabilities
relating to contracts of employment).

(4) This includes—

(a) 5provision for the transfer of property, rights and liabilities (including
to the Secretary of State), and

(b) provision for the extinguishment of rights and liabilities.

(5) An order under this paragraph that makes provision for the transfer of
property, rights and liabilities may—

(a) 10make provision for certificates issued by the Secretary of State to be
conclusive evidence that property has been transferred;

(b) make provision about the transfer of property, rights and liabilities
that could not otherwise be transferred;

(c) make provision about the continuation of things (including legal
15proceedings) in the process of being done by, on behalf of or in
relation to the Board in respect of anything transferred;

(d) make provision for references to the Board in an instrument or
document in respect of anything transferred to be treated as
references to the transferee.

(6) 20An order under this paragraph may—

(a) make provision about the continuing effect of things done by or in
relation to the Board before such date as the order may specify;

(b) make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in
25relation to the Board on such a date;

(c) make provision for references to the Board in an instrument or
document to be treated on and after such a date as references to such
person as the order may specify;

(d) make provision for the payment of compensation by the Secretary of
30State to persons affected by the provisions it makes about the
property, rights and liabilities of the Board.

Power to give directions in connection with the abolition of Standards Board for England

57 (1) The Secretary of State may direct the Board to take such steps as the
Secretary of State may specify in connection with the abolition of the Board.

(2) 35The Secretary of State may, in particular give directions to the Board about
information held by the Board, including—

(a) directions requiring information to be transferred to another person
(including to the Secretary of State);

(b) directions requiring information to be destroyed or made
40inaccessible.

(3) The Secretary of State may make available to the Board such facilities as the
Board may reasonably require for exercising its functions by virtue of this
Part of this Schedule.

(4) The Secretary of State may exercise a function of the Board for the purposes
45of taking steps in connection with its abolition (including functions by virtue
of an order under paragraph 56).