Local Government (Experimental Arrangements) Bill

Local Government (Experimental Arrangements) Bill - continued	House of Commons

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Approval of applications under section 7.	8. - (1) In deciding whether or not to approve an application under section 7(2)(a) above the Secretary of State shall have regard-
	(a) to the effect that the existing arrangements have had on the decision-making process; and
	(b) to whether or not the application is made in sufficient time (having regard to the need for an order under this section and the proximity of the end of the period for which the authority may operate the existing arrangements).
	(2) The Secretary of State shall not approve an application under section 7(2)(b) or (c) above unless-
	(a) he is satisfied that the application complies with the requirements of that section; and
	(b) he has consulted-
	(i) the Audit Commission, and
	(ii) the Local Government Association or such other representatives of local government as appear to him to be appropriate.
	(3) In deciding whether or not to approve an application under section 7(2)(b) or (c) above, the Secretary of State shall have regard-
	(a) to the likelihood that the varied arrangements will improve the decision-making process;
	(b) to the extent to which the varied arrangements have been formulated in accordance with any guidance for the time being issued under section 3 above; and
	(c) to whether or not the application is made in sufficient time (having regard to the need for an order under this section and the proximity of the end of the period for which the authority may operate the existing arrangements).
	(4) Where the Secretary of State approves an application under section 7(2)(a) above he shall make an order which amends the existing order so as to extend the period for which the authority may operate the existing arrangements by a period ("the additional period") which does not exceed four years.
	(5) Where the Secretary of State approves an application under section 7(2)(b) above, he shall make an order which permits the authority to operate the varied arrangements for a period-
	(a) beginning with such date as may be specified in the order; and
	(b) ending with the end of the period for which the authority may operate the existing arrangements.
	(6) Where the Secretary of State approves an application under section 7(2)(c) above he shall make an order which permits the authority to operate the varied arrangements for a period-
	(a) beginning with such date as may be specified in the order; and
	(b) ending with such date as may be specified in the order, being a date which is no later than four years after the end of the experimental period.
	(7) An order under subsection (5) or (6) above may make provision enabling the election of an elected mayor before the date referred to in paragraph (a) of that subsection but only so as to permit the elected mayor to take office on or after that date.
	(8) Subsections (4)(c) to (i), (5) and (7) of section 5 above shall apply for the purposes of an order under subsection (5) or (6) above as they apply for the purposes of an order under that section.
	(9) Where the Secretary of State has approved an application by a local authority under section 7(2)(a) or (c) above, he shall not approve any other application by the authority under section 7(2)(a) or (c) above.
	(10) In this section-
	"existing arrangements", "existing order" and "varied arrangements" have the same meanings as in section 7 above;
	"the experimental period" has the meaning given by section 5(4)(a) above.
	(11) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Extension of arrangements etc: orders under section 8(4).	9. - (1) This section applies where an order is made under section 8(4) above.
	(2) The local authority may before the end of the experimental period resolve to operate the existing arrangements until the end of the additional period.
	(3) Subject to the provisions of this Act, where the local authority pass such a resolution-
	(a) they shall operate the existing arrangements until the end of the additional period; and
	(b) they may not vary those arrangements.
	(4) As soon as practicable after passing such a resolution the local authority-
	(a) shall secure that copies of the order are available at their principal office for inspection by members of the public at all reasonable hours; and
	(b) shall publish in one or more newspapers circulating in their area a notice-
	(i) stating that the period for which they are to operate the existing arrangements has been extended;
	(ii) complying with paragraphs (b), (c) and (e) of section 6(6) above (taking references to the arrangements there mentioned as references to the existing arrangements); and
	(iii) stating that copies of the order, the existing order and a document setting out the provisions of the existing arrangements are available at their principal office for inspection by members of the public at such times as may be specified in the notice.
	(5) In this section-
	"the additional period" has the meaning given by section 8(4) above;
	"existing arrangements" and "existing order" have the same meanings as in section 7 above;
	"the experimental period" has the meaning given by section 5(4)(a) above.
Variation of arrangements etc: orders under section 8(5).	10. - (1) This section applies where an order is made under section 8(5) above.
	(2) The local authority may resolve to operate the varied arrangements from a date ("the commencement date")-
	(a) which is not earlier than the date referred to in section 8(5)(a) above; and
	(b) which is not later than six months before the end of the period for which they may operate the existing arrangements.
	(3) A resolution under subsection (2) above must be passed before the commencement date.
	(4) Subject to the provisions of this Act, unless and until the local authority pass such a resolution, they shall operate the existing arrangements in accordance with the existing order and they may not vary those arrangements.
	(5) Subject to the provisions of this Act, where the local authority pass such a resolution-
	(a) they shall operate the varied arrangements in place of the existing arrangements for the period beginning with the commencement date and ending with the end of the period for which they may operate the existing arrangements; and
	(b) they may not vary those varied arrangements.
	(6) As soon as practicable after passing such a resolution the local authority shall comply with subsections (7) and (8) below.
	(7) They shall secure that copies of the order, and of a document setting out the provisions of the varied arrangements, are available at their principal office for inspection by members of the public at all reasonable hours.
	(8) They shall publish in one or more newspapers circulating in their area a notice-
	(a) stating that they have resolved to operate the varied arrangements;
	(b) specifying the period for which the varied arrangements are to be operated; and
	(c) complying with paragraphs (c) to (e) of section 6(6) above (taking references to the arrangements and the order there mentioned as references, respectively, to the varied arrangements and the order under section 8(5) above).
	(9) In this section "existing arrangements", "existing order" and "varied arrangements" have the same meanings as in section 7 above.
Extension and variation of arrangements etc: orders under section 8(6).	11. - (1) This section applies where an order is made under section 8(6) above.
	(2) The local authority may resolve to operate the varied arrangements from a date ("the commencement date")-
	(a) which is not earlier than the date referred to in section 8(6)(a) above; and
	(b) which is not later than the end of the experimental period.
	(3) A resolution under subsection (2) above must be passed before the commencement date.
	(4) Subject to the provisions of this Act, unless and until the local authority pass such a resolution, they shall operate the existing arrangements in accordance with the existing order and they may not vary those arrangements.
	(5) Subject to the provisions of this Act, where the local authority pass such a resolution-
	(a) they shall operate the varied arrangements in place of the existing arrangements for the period beginning with the commencement date and ending with the date referred to in section 8(6)(b) above; and
	(b) they may not vary those varied arrangements.
	(6) Subsections (6) to (8) of section 10 above shall apply for the purposes of this section as they apply for the purposes of that section (but with the reference in section 10(8)(c) to section 8(5) above taken as a reference to section 8(6) above).
	(7) In this section-
	"existing arrangements", "existing order" and "varied arrangements" have the same meanings as in section 7 above;
	"the experimental period" has the meaning given by section 5(4)(a) above.
Monitoring of experimental decision-making arrangements.	12. - (1) This section applies where a local authority have, in accordance with the provisions of this Act, operated experimental decision-making arrangements during a reporting period.
	(2) Within two months of the end of the reporting period the local authority's head of paid service and monitoring officer shall jointly prepare a report ("the report") on the effect that the experimental decision-making arrangements have had on the decision-making process in the reporting period.
	(3) In preparing the report, the local authority's head of paid service and monitoring officer shall have regard, in particular, to the matters mentioned in section 1(7) above.
	(4) Within three months of the end of the reporting period the local authority shall consider the report.
	(5) As soon as practicable after the local authority have considered the report, they shall send a copy of the report to the Secretary of State, together with a copy of any resolution passed in relation to the report and such information (if any) as they consider relevant to the report.
	(6) Where, in relation to a local authority, the same person is both head of paid service and monitoring officer, subsection (2) above shall have effect in relation to the authority as if the word "jointly" were omitted.
	(7) In this section-
	"head of paid service", in relation to a local authority, means the person who is for the time being designated as the head of the authority's paid service under section 4 of the Local Government and Housing Act 1989;
	"monitoring officer", in relation to a local authority, means the person who is for the time being responsible for performing the duties of the authority's monitoring officer under section 5 of the Local Government and Housing Act 1989;
	"reporting period", in relation to a local authority, means-
	(a) the period of one year beginning with the date on which the authority begin to operate experimental decision-making arrangements; and
	(b) each successive period of one year which ends on or before the date on which the authority terminate the operation of experimental decision-making arrangements.
	(8) A local authority's function with respect to the consideration of any report under this section shall be discharged only by the authority.
Termination of experimental decision-making arrangements.	13. - (1) A local authority shall terminate the operation of experimental decision-making arrangements at the end of the period for which they may operate such arrangements.
	(2) Subject to the following provisions of this section, a local authority may not terminate the operation of experimental decision-making arrangements before the end of the period for which they may operate such arrangements; and any resolution of an authority which purports to do so shall be of no effect.
	(3) If a local authority resolve to do so, they may apply to the Secretary of State for his approval to their termination of the operation of experimental decision-making arrangements before the end of the period for which they may operate such arrangements.
	(4) Where the existing order includes such provision as is mentioned in section 5(4)(g) above, a local authority may not pass such a resolution as is referred to in subsection (3) above without the written consent of the person who, by virtue of such provision, is the mayor of the authority.
	(5) An application under subsection (3) above-
	(a) must be made in writing;
	(b) must be accompanied by a copy of-
	(i) the resolution referred to in subsection (3) above;
	(ii) any written consent required by subsection (4) above;
	(iii) the application made under this Act by virtue of which the authority are operating the arrangements; and
	(iv) any reports relating to the authority under section 12 above; and
	(c) must explain why the authority wish to terminate the operation of the arrangements before the end of the period for which they may operate such arrangements.
	(6) If the Secretary of State approves the application under subsection (3) above, he shall by notice in writing to the authority give permission for the authority to terminate the operation of the arrangements from such date as may be specified in the notice.
	(7) The Secretary of State may-
	(a) in connection with the approval of an application under subsection (3) above, or
	(b) of his own motion,
	make an order which revokes any order made under this Act in relation to a local authority.
	(8) An order under this section which is made by the Secretary of State of his own motion may specify a date upon which a local authority must terminate the operation of experimental decision-making arrangements.
	(9) A local authority shall publish in one or more newspapers circulating in the authority's area a notice stating the date ("the termination date") upon which they will, in accordance with the provisions of this section, terminate the operation of experimental decision-making arrangements.
	(10) The notice under subsection (9) above shall be published not more than three months before the termination date.
	(11) In this section "existing order", in relation to a local authority, means the order under this Act which permits the authority to operate the experimental decision-making arrangements which the authority propose to terminate.
	(12) An order under this section-
	(a) may make such supplemental, incidental, consequential or transitional provision (including provision modifying enactments or applying enactments with or without modifications) as the Secretary of State thinks necessary or expedient; and
	(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Interpretation etc.	14. - (1) In this Act-
	"the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales;
	"elected mayor" has the meaning given by section 1 above;
	"enactment" includes an enactment contained in subordinate legislation;
	"experimental decision-making arrangements" shall be construed in accordance with section 1 above;
	"local authority" means-
	(a) in relation to England, a county council, a district council or a London borough council; and
	(b) in relation to Wales, a county council or a county borough council;
	"local government elector" has the meaning given by section 1 above;
	"scrutiny committee" has the meaning given by section 1 above;
	"subordinate legislation" has the same meaning as in the Interpretation Act 1978.
	(2) A local authority's function with respect to the passing of a resolution under any provision of this Act shall be discharged only by the local authority.
	(3) Before issuing any guidance under this Act, the Secretary of State shall consult the Local Government Association or such other representatives of local government as appear to him to be appropriate.
Short title, commencement and extent.	15. - (1) This Act may be cited as the Local Government (Experimental Arrangements) Act 1998.
	(2) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.
	(3) This Act extends to England and Wales only.
	(4) Nothing in this Act shall impose any charge on the people or on public funds, or vary the amount or incidence of or otherwise alter any such charge in any manner, or affect the assessment, levying, administration or application of any money raised by any such charge.

Prepared 20 February 1998