Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change
1

A
Bill
To
Make provision with respect to local government and the functions and
procedures of local authorities and certain other authorities; to make
provision with respect to persons with functions of inspection and audit in
relation to local government; to establish the Valuation Tribunal for England;
to make provision in connection with local involvement networks; to abolish
Patients’ Forums and the Commission for Patient and Public Involvement in
Health; to make provision with respect to local consultation in connection
with health services; and for connected purposes.
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:—
Part 1
Structural and boundary change in England
Chapter 1
Structural and boundary change
Change from two tiers to single tier of local government
5
1
“Principal authority” and “single tier of local government”
(1)
For the purposes of this Chapter, each of the following is a “principal
authority”—
(a)
a county council in England;
(b)
a district council in England.
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(2)
For the purposes of this Chapter there is “a single tier of local government” for
an area if—
(a)
there is a county council and no district councils for that area; or
(b)
there is a district council and no county council for that area.

Bill 16 54/2

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change
2

(3)
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.
2
Invitations and directions for proposals for single tier of local government
(1)
The Secretary of State may invite or direct any principal authority to make one
5
of the following proposals—
(a)
a Type A proposal;
(b)
a Type B proposal;
(c)
a Type C proposal;
(d)
a combined proposal.
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(2)
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.
(3)
A Type B proposal is a proposal that there should be a single tier of local
government for an area which—
(a)
is currently a district, or two or more districts, in the county concerned;
15
and
(b)
is specified in the proposal.
(4)
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—
(a)
the county concerned or one or more districts in the county concerned;
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and
(b)
one or more relevant adjoining areas.
(5)
A combined proposal is a proposal that consists of—
(a)
two or more Type B proposals,
(b)
two or more Type C proposals, or
25
(c)
one or more Type B proposals and one or more Type C proposals,

but a proposal is not a combined proposal if it includes any Type B or C
proposals that are alternatives.
(6)
In this section “the county concerned” means—
(a)
in relation to a principal authority which is the council for a county, that
30
county;
(b)
in relation to a principal authority which is the council for a district, the
county in which the district is.
(7)
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,
35
or two or more such counties or districts.
(8)
An invitation or direction may either—
(a)
be such that the authority may choose whether to make a Type A, Type
B, Type C or combined proposal; or
(b)
specify which one of those kinds of proposal is invited (or, in the case
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of a direction, required).

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change
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3
Invitations, directions and proposals: supplementary
(1)
The Secretary of State may give a direction under section 2 only where he
believes that it would be in the interests of effective and convenient local
government to do so.
(2)
A direction under section 2 may specify a date by which a proposal must be
5
made.
(3)
An invitation under section 2 may specify a date by which a proposal may be
made.
(4)
A proposal made by virtue of section 2 may not specify an area as one for
which there should be a single tier of local government unless the whole or any
10
part of that area is currently a two-tier area (as defined by section 23(2)).
(5)
In responding to an invitation under section 2, or complying with a direction
under that section, an authority must have regard to any guidance from the
Secretary of State as to—
(a)
what a proposal should seek to achieve;
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(b)
matters that should be taken into account in formulating a proposal.
(6)
Where invitations or directions under section 2 are given to more than one
authority, any authority that has received an invitation or direction may
respond to the invitation, or comply with the direction, either by—
(a)
making its own proposal in accordance with the invitation or direction;
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or
(b)
making a proposal, in accordance with the invitation or direction,
jointly with any of the other authorities.
(7)
An invitation or direction under section 2 may be varied or revoked.
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Procedure on receipt of proposals
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(1)
This section applies where the Secretary of State receives a proposal from one
or more authorities in response to one or more invitations or directions under
section 2.
(2)
Unless subsection (3) applies, the Secretary of State must consult the following
about the proposal—
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(a)
every other authority affected by the proposal; and
(b)
any other person he believes to have an interest.
(3)
This subsection applies if the proposal was made jointly by every authority
affected by it; and in that case the Secretary of State may consult any other
person he believes to have an interest.
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(4)
For the purposes of this section an authority is “affected by” the proposal 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.
(5)
The Secretary of State may request the Boundary Committee to advise, no later
than a date specified in the request, on any matter that—
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(a)
relates to the proposal; and
(b)
is specified in the request.

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change
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(6)
The Secretary of State may at any time substitute a later date for the date
specified in a request under subsection (5) (or for any date previously
substituted under this subsection).
5
Boundary Committee for England’s powers
(1)
This section applies where the Boundary Committee receive a request for
5
advice under section 4.
(2)
The Boundary Committee may provide the advice requested.
(3)
Where they provide that advice, the Boundary Committee may also do any of
the following that they think appropriate—
(a)
recommend that the Secretary of State implements the proposal
10
without modification;
(b)
recommend that he does not implement it;
(c)
make an alternative proposal to him.
(4)
In subsection (3)(a) “the proposal” means the Type A, Type B, Type C or
combined proposal to which the request for advice related.
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(5)
In subsection (3)(c) “an alternative proposal” means—
(a)
a proposal that there should be a single tier of local government for an
area that—
(i)
is, or includes, the whole or part of the county concerned; and
(ii)
is specified in the alternative proposal; or
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(b)
a proposal consisting of two or more proposals that are within
paragraph (a) (and are not alternatives to one another).
(6)
In this section “the county concerned” means—
(a)
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)
25
above; or
(b)
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.
(7)
The area specified in an alternative proposal under this section may not extend
30
into any area that is not currently a local government area.
6
Boundary Committee’s procedure
(1)
A local authority must if requested by the Boundary Committee to do so
provide the Boundary Committee, by such date as the Boundary Committee
may specify, with any information that the Boundary Committee may
35
reasonably require in connection with any of their functions under section 5.
(2)
In making a recommendation or alternative proposal under section 5 the
Boundary Committee must have regard to any guidance from the Secretary of
State about the exercise of the Boundary Committee’s functions under that
section.
40
(3)
Any recommendation or alternative proposal under section 5 must be made no
later than the relevant date.

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change
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(4)
Before making an alternative proposal under section 5(3)(c) the Boundary
Committee must—
(a)
publish a draft of the proposal; and
(b)
take such steps as they consider sufficient to secure that persons who
may be interested are informed of—
5
(i)
the draft proposal; and
(ii)
the period within which representations about it may be made
to the Boundary Committee.
(5)
The Boundary Committee—
(a)
must take into account any representations made to them within that
10
period; and
(b)
if they make any proposal to the Secretary of State, must inform any
person who made such representations—
(i)
of the proposal made; and
(ii)
that representations about the proposal may be made to the
15
Secretary of State until the end of the relevant period.
(6)
In subsection (5)(b) “the relevant period” means four weeks beginning with the
relevant date.
(7)
In this section and section 7 “the relevant date” means the date specified in the
request under section 4(5) (or, if a later date is substituted under section 4(6),
20
the date substituted (or last substituted) under that provision).
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Implementation of proposals by order
(1)
Where the Secretary of State has received a proposal in response to an
invitation or direction under section 2, he may—
(a)
by order implement the proposal, with or without modification;
25
(b)
if he has received an alternative proposal from the Boundary
Committee under section 5, by order implement that alternative
proposal with or without modification; or
(c)
decide to take no action.
(2)
The Secretary of State may not make any order or decision under this section—
30
(a)
until he has carried out any consultation required by section 4; and
(b)
if he has made a request to the Boundary Committee under that section,
until after the end of six weeks beginning with the relevant date (as
defined by section 6(7)).
Boundary change
35
8
Review by Boundary Committee of local government areas
(1)
The Boundary Committee may, either on its 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.
(2)
Where they have conducted a review under this section, the Boundary
40
Committee may recommend to the Secretary of State such boundary change as,
in consequence of the review, seems to them desirable having regard to—
(a)
the need to secure effective and convenient local government; and

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change
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(b)
the need to reflect the identities and interests of local communities.
(3)
For the purposes of subsection (2) “boundary change” means any of the
following or any combination of the following—
(a)
the alteration of a local government area boundary;
(b)
the abolition of a local government area;
5
(c)
the constitution of a new local government area;

but this is subject to subsection (4).
(4)
None of the following may be recommended under this section—
(a)
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;
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(b)
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;
(c)
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—
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(i)
the whole or part of any area that is currently single-tier; and
(ii)
the whole or part of any area that is currently two-tier;
(d)
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 not currently a local government
20
area.
(5)
In exercising a function under subsection (1) or (2) a local authority or the
Boundary Committee must have regard to any guidance from the Secretary of
State about the exercise of that function.
(6)
A local authority must if requested by the Boundary Committee to do so
25
provide the Boundary Committee, by such date as the Boundary Committee
may specify, with any information that the Boundary Committee may
reasonably require in connection with any of their functions under this section.
9
Boundary Committee’s review: consultation etc
(1)
This section applies where the Boundary Committee conduct a review under
30
section 8.
(2)
In conducting the review the Committee must consult—
(a)
the council of any local government area to which the review relates;
and
(b)
such other local authorities, parish councils and other persons as
35
appear to them to have an interest.
(3)
Before making any recommendation to the Secretary of State the Boundary
Committee must—
(a)
publish a draft of the recommendation; and
(b)
take such steps as they consider sufficient to secure that persons who
40
may be interested are informed of—
(i)
the draft recommendation; and
(ii)
the period within which representations about it may be made
to the Boundary Committee.
(4)
The Boundary Committee—
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Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change
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(a)
must take into account any representations made to them within that
period; and
(b)
if they make any recommendation to the Secretary of State, must
inform any person who made such representations—
(i)
of the recommendation made; and
5
(ii)
that representations about the recommendation may be made to
the Secretary of State until the end of four weeks beginning with
the recommendation date.
(5)
In this section and section 10 “the recommendation date” means the date the
recommendation was sent by the Boundary Committee to the Secretary of
10
State.
10
Implementation of recommendations by order
(1)
Where the Boundary Committee make a recommendation to the Secretary of
State under section 8, the Secretary of State may do any of the following—
(a)
by order implement the recommendation, with or without
15
modification;
(b)
decide to take no action with respect to the recommendation;
(c)
make a request under section 8 for a further review.
(2)
The Secretary of State may not do as mentioned in paragraph (a), (b) or (c) of
subsection (1) before the end of six weeks beginning with the recommendation
20
date (as defined by section 9(5)).
Implementation of changes
11
Implementation orders: provision that may be included
(1)
An order under section 7 or 10 may in particular include provision, for the
purpose or in consequence of implementing a proposal or recommendation to
25
which the order relates, for or with respect to—
(a)
any of the matters mentioned in subsection (3);
(b)
any of the matters mentioned in subsection (4) (incidental,
consequential etc matters).
(2)
In subsection (1) “implementing” includes implementing with modifications.
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(3)
The matters referred to in subsection (1)(a) are—
(a)
the constitution of a new local government area;
(b)
the abolition of any existing local government area;
(c)
the boundary of any local government area;
(d)
whether a county or district is to be metropolitan or non-metropolitan;
35
(e)
the establishment, as a county council, district council or London
borough council, of an authority for any local government area;
(f)
the winding up and dissolution of an existing local authority;
(g)
the transfer to a county council of the functions, in relation to an area,
of district councils;
40
(h)
the transfer to a district council of the functions, in relation to an area,
of a county council.
(4)
The matters referred to in subsection (1)(b) are—