Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Local Government and Public Involvement in Health Bill

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Part 13 — Miscellaneous
118

164
Primary Care Trusts: reports on consultation
In Chapter 2 of Part 2 of the National Health Service Act 2006 (c. 41) (Primary
Care Trusts), after section 24 insert—
“24A
Report on consultation
(1)
Each Primary Care Trust must, at such times as the Secretary of State
5
may direct, prepare a report—
(a)
on the consultation it has carried out, or proposes to carry out,
before making commissioning decisions, and
(b)
on the influence that the results of consultation have on its
commissioning decisions.
10
(2)
In subsection (1) “commissioning decisions”, in relation to a Primary
Care Trust, means (subject to any directions under subsection (3)(e))
decisions as to the carrying out of its functions under Parts 4 to 7.
(3)
The Secretary of State may give directions as to—
(a)
the periods to be covered by reports under this section;
15
(b)
the matters to be dealt with by reports under this section;
(c)
the form and content of reports under this section;
(d)
the publication of reports under this section;
(e)
decisions that are to be treated as being, or that are to be treated
as not being, commissioning decisions for the purposes of
20
subsection (1).”
Part 12
Powers of National Assembly for Wales
165
Powers of National Assembly for Wales
Schedule 14 (powers of National Assembly for Wales) has effect.
25
Part 13
Miscellaneous
Exercise of functions by members of local authorities in England
166
Exercise of functions by local councillors in England
(1)
Arrangements may be made in accordance with this section for the discharge
30
of any function of a local authority by any member of a local authority, to the
extent that the function is exercisable in relation to the electoral division or
ward for which the member is elected.
(2)
In the case of a function of a local authority operating executive arrangements
which is the responsibility of the executive—
35
(a)
it is for the senior executive member to make the arrangements; and
(b)
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).
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(3)
In any other case it is for the local authority to make the arrangements.
(4)
No arrangements may be made under this section for the discharge by a
member of a local authority of any function—
(a)
which is, or to the extent that it is, specified in an order made by the
Secretary of State; or
5
(b)
in any manner or in circumstances so specified.
(5)
Any arrangements made under this section with respect to the discharge of any
function are not to prevent its discharge—
(a)
by the person who made the arrangements; or
(b)
in any other way in which the function is permitted to be discharged by
10
or under any enactment.
(6)
In this section, “local authority” means—
(a)
the council of a county in England;
(b)
a district council; or
(c)
a London borough council.
15
(7)
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
20
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).
(8)
Any reference in this section to the discharge of any function includes a
25
reference to the doing of anything which is calculated to facilitate, or is
conducive or incidental to, the discharge of that function.
(9)
In section 13(9)(b) of the Local Government Act 2000, after “Part” insert “or
section 166 of the Local Government and Public Involvement in Health Act
2007 (exercise of functions by local councillors in England)”.
30
167
Exercise of functions under section 166: records
(1)
After section 100C of the Local Government Act 1972 (c. 70) insert—
“100CA
Inspection of records relating to functions exercisable by members
(1)
The Secretary of State may by regulations make provision for written
records of decisions made or action taken by a member of a local
35
authority, in exercise of a function of the authority by virtue of
arrangements made under section 166 of the Local Government and
Public Involvement in Health Act 2007, to be made and provided to the
authority by the member.
(2)
Any written record provided to the authority under regulations under
40
subsection (1) shall be open to inspection by members of the public at
the offices of the authority for the period of six years beginning with the
date on which the decision was made or action was taken.

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(3)
A statutory instrument containing regulations under subsection (1)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.”
(2)
In section 100H of that Act (supplemental provisions and offences), in
subsection (4), for “or 100C(1)” substitute “, 100C(1) or 100CA(2)”.
5
Accounting
168
Amendments relating to capital finance and accounting practices
(1)
In section 74(6) of the Housing Act 1988 (c. 50) (transfer of land and other
property to housing action trusts)—
(a)
in subsection (a), for the words from “expenditure” to “local
10
authorities)” substitute “capital expenditure for the purposes of
Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)”;
(b)
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.”
15
(2)
In section 21 of the Local Government Act 2003 (c. 26) (accounting practices),
after subsection (1) insert—
“(1A)
The Secretary of State may issue guidance about the accounting
practices to be followed by a local authority, in particular with
respect to the charging of expenditure to a revenue account.
20
(1B)
A local authority must have regard to any guidance issued to it
under subsection (1A).”
(3)
In section 24 of that Act (application to Wales) for “National Assembly for
Wales” substitute “Welsh Ministers”.
Contracting out
25
169
Contracting out
(1)
In section 70 of the Deregulation and Contracting Out Act 1994 (c. 40)
(contracting out of functions of local authorities)—
(a)
in subsection (1)(b), for the words from “or section 38” to “local
authorities)” substitute “or an enactment mentioned in subsection
30
(1ZA) below”;
(b)
after subsection (1) insert—
“(1ZA)
The enactments referred to in subsection (1)(b) above are—
(a)
paragraph 7 of Schedule 2 to the Regional Development
Agencies Act 1998 (delegation of functions by London
35
Development Agency etc);
(b)
section 38 or 380 of the Greater London Authority Act
1999 (delegation of functions exercisable by the Mayor
of London);
(c)
paragraph 7 of Schedule 10 to that Act (delegation by
40
Transport for London).

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(1ZB)
In its application in relation to a local authority which is a fire
and rescue authority constituted by a scheme under section 2 of
the Fire and Rescue Services Act 2004 or a scheme to which
section 4 of that Act applies, subsection (1) above has effect as if
paragraph (b) were omitted.”
5
(2)
In section 79(1) of that Act (interpretation of Part 2), in the definition of “local
authority”—
(a)
in paragraph (a), for the words from “means” to the end substitute “has
the meaning given by section 79A;”;
(b)
in paragraph (b), for the words from “means” to the end substitute “has
10
the meaning given by section 79B;”.
(3)
After section 79 of that Act insert—
“79A
“Local authority”: England
In this Part, “local authority” in relation to England means—
(a)
a county council;
15
(b)
a district council;
(c)
a London borough council;
(d)
the Greater London Authority acting through the Mayor of
London;
(e)
the Common Council of the City of London;
20
(f)
the sub-treasurer of the Inner Temple;
(g)
the under treasurer of the Middle Temple;
(h)
the Council of the Isles of Scilly;
(i)
a parish council;
(j)
a National Park authority;
25
(k)
a functional body within the meaning of the Greater London
Authority Act 1999;
(l)
an authority established under section 10 of the Local
Government Act 1985 (waste disposal authorities);
(m)
a joint authority established by Part 4 of that Act (fire and rescue
30
services and transport);
(n)
a fire and rescue authority constituted by a scheme under
section 2 of the Fire and Rescue Services Act 2004 or a scheme to
which section 4 of that Act applies;
(o)
a police authority established under section 3 of the Police Act
35
1996;
(p)
any body specified for the purposes of this paragraph by
regulations under section 79C.
79B
“Local authority”: Wales
In this Part, “local authority” in relation to Wales means—
40
(a)
a county council;
(b)
a county borough council;
(c)
a community council;
(d)
a National Park authority;
(e)
a joint planning board constituted for an area in Wales outside
45
a National Park by an order under section 2(1B) of the Town
and Country Planning Act 1990;

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(f)
a fire and rescue authority constituted by a scheme under
section 2 of the Fire and Rescue Services Act 2004 or a scheme to
which section 4 of that Act applies;
(g)
a police authority established under section 3 of the Police Act
1996;
5
(h)
any body specified for the purposes of this paragraph by
regulations under section 79C.
79C
Regulations for the purposes of section 79A and 79B
(1)
The Secretary of State may by regulations made by statutory
instrument specify for the purposes of section 79A(p) or 79B(h) any
10
body which is (or any class of bodies each of which is)-
(a)
a levying body, within the meaning of section 74 of the Local
Government Finance Act 1988;
(b)
a body to which section 75 of that Act applies (bodies with
power to issue special levies);
15
(c)
a body to which section 118 of that Act applies (other bodies
with levying powers);
(d)
a local precepting authority as defined in section 69 of the Local
Government Finance Act 1992.
(2)
Regulations under subsection (1)—
20
(a)
may provide for this Part to have effect, in relation to a body
specified under that subsection, subject to exceptions or
modifications;
(b)
may contain transitional provisions and savings.
(3)
Any such regulations shall be subject to annulment in pursuance of a
25
resolution of either House of Parliament.”
(4)
In Schedule 8 to the Environment Act 1995 (c. 25), omit paragraph 13
(application of contracting out to National Park authorities).
(5)
In section 18 of the Local Government Act 1999 (c. 27) (best value authorities:
contracting out)—
30
(a)
in subsection (1) after “any” insert “relevant”;
(b)
after subsection (2) insert—
“(3)
In this section “relevant best value authority” means a best
value authority which is not a local authority for the purposes
of section 70 of the Deregulation and Contracting Out Act 1994.”
35
Part 14
Final provisions
170
Orders, regulations and guidance
(1)
Any order or regulations made by the Secretary of State under this Act must be
made by statutory instrument.
40
(2)
Any order made by the Welsh Ministers under section 175 must be made by
statutory instrument.
(3)
A statutory instrument containing—

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an order under section 7, 10, 20, 29, 32 or 173 or paragraph 3 or 8 of
Schedule 4,
regulations under section 153, 155(2)(e) or 156,
an order under section 17 which includes provision—
(a)
amending or repealing an enactment, or
5
(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 14 or 152 which include such provision,

may not be made unless a draft of the instrument has been laid before and
10
approved by a resolution of each House of Parliament.
(4)
Any other statutory instrument under this Act, except one containing only an
order under section 175, is subject to annulment in pursuance of a resolution of
either House of Parliament.
(5)
If, but for this subsection, an instrument containing an order under section 7 or
15
10 would be treated for the purposes of the standing orders of either House of
Parliament as a hybrid instrument, it shall proceed in that House as if it were
not a hybrid instrument.
(6)
Any order or regulations made under this Act may make different provision
for different cases.
20
(7)
Any guidance issued under Chapter 1 of Part 1 or Chapter 1 of Part 5 may make
different provision for different cases.
171
Repeals
The provisions specified in Schedule 15 (which include spent provisions) are
repealed or revoked to the extent specified there.
25
172
Financial provisions
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State under this Act; and
(b)
any increase attributable to this Act in sums payable out of money provided by
Parliament under another enactment.
30
173
Power to make further amendments and repeals
(1)
The Secretary of State may by order—
(a)
amend or repeal any enactment passed before or in the same session as
this Act;
(b)
amend or revoke subordinate legislation made before the passing of
35
this Act.
(2)
In subsection (1)—
(a)
“enactment” includes an Act of the Scottish Parliament and Northern
Ireland legislation;
(b)
the reference to subordinate legislation includes an instrument made
40
under such an Act or under Northern Ireland legislation.
(3)
An order under subsection (1) may be made only for the purposes of—

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(a)
supplementing or giving full effect to this Act; or
(b)
making provision consequential on the passing of this Act.
174
Extent
(1)
Subject to subsections (2) and (3), this Act extends to England and Wales only.
(2)
Sections 173, 175 and 176 and this section extend also to Scotland and Northern
5
Ireland.
(3)
The extent of any amendment, repeal or revocation made by section 149(1) or
Schedule 7, 8, 9, 13 or 14 or Part 7, 8, 13 or 15 of Schedule 15 is the same as that
of the provision amended, repealed or revoked.
175
Commencement
10
(1)
The following provisions come into force on the day on which this Act is
passed—
in Part 2, sections 31 to 36 so far as they relate to metropolitan district
councils;
Part 3 so far as relating to—
15
(a)
metropolitan district councils which operate a leader and
cabinet executive; and
(b)
councils which must cease to operate alternative governance
arrangements;
this section and sections 170, 172, 174 and 176.
20
(2)
The following provisions come into force at the end of two months beginning
with the day on which this Act is passed—
Part 2 so far as not brought into force by subsection (1);
Part 3 so far as not brought into force by subsection (1);
Chapter 1 of Part 5;
25
sections 109, 110 and 111, the entry in Part 7 of Schedule 15 relating to
section 29(3) of the Local Government Act 1999 (c. 27), and section 171
so far as relating to that entry;
section 165 and Schedule 14.
(3)
The following provisions, except so far as they relate to a police authority for a
30
police area in Wales, come into force in relation to Wales on such day as the
Welsh Ministers may by order appoint—
sections 105 and 108;
the entries in Part 7 of Schedule 15 relating to sections 5, 6 and 28 of the
Local Government Act 1999 and section 21 of the Local Government
35
Act 2000 (c. 22);
section 171 so far as relating to those entries.
(4)
Subject to subsections (1) to (3), this Act comes into force on such day as the
Secretary of State may by order appoint.
(5)
An order under this section—
40
(a)
may appoint different days for different purposes;
(b)
may include transitional, saving or transitory provision.