|
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|
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 |
| |
| 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 |
| |
| |
Powers of National Assembly for Wales |
| |
165 | Powers of National Assembly for Wales |
| |
Schedule 14 (powers of National Assembly for Wales) has effect. |
| 25 |
| |
| |
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). |
| 40 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
(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 |
| |
“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 |
| |
| 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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(3) | A statutory instrument containing regulations under subsection (1) |
| |
shall be subject to annulment in pursuance of a resolution of either |
| |
| |
(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 |
| |
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 |
| |
| |
(3) | In section 24 of that Act (application to Wales) for “National Assembly for |
| |
Wales” substitute “Welsh Ministers”. |
| |
| 25 |
| |
(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 |
| |
(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 |
| |
(b) | section 38 or 380 of the Greater London Authority Act |
| |
1999 (delegation of functions exercisable by the Mayor |
| |
| |
(c) | paragraph 7 of Schedule 10 to that Act (delegation by |
| 40 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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— |
| |
| 15 |
| |
(c) | a London borough council; |
| |
(d) | the Greater London Authority acting through the Mayor of |
| |
| |
(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; |
| |
| |
(j) | a National Park authority; |
| 25 |
(k) | a functional body within the meaning of the Greater London |
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
(b) | a county borough 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; |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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: |
| |
| 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 |
| |
| |
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 |
| |
| |
(3) | A statutory instrument containing— |
| |
|
| |
|
| |
|
an order under section 7, 10, 20, 29, 32 or 173 or paragraph 3 or 8 of |
| |
| |
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 |
| |
| |
(6) | Any order or regulations made under this Act may make different provision |
| |
| 20 |
(7) | Any guidance issued under Chapter 1 of Part 1 or Chapter 1 of Part 5 may make |
| |
different provision for different cases. |
| |
| |
The provisions specified in Schedule 15 (which include spent provisions) are |
| |
repealed or revoked to the extent specified there. |
| 25 |
| |
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 |
| |
| |
(b) | amend or revoke subordinate legislation made before the passing of |
| 35 |
| |
| |
(a) | “enactment” includes an Act of the Scottish Parliament and Northern |
| |
| |
(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— |
| |
|
| |
|
| |
|
(a) | supplementing or giving full effect to this Act; or |
| |
(b) | making provision consequential on the passing of this Act. |
| |
| |
(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 |
| |
(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. |
| |
| 10 |
(1) | The following provisions come into force on the day on which this Act is |
| |
| |
in Part 2, sections 31 to 36 so far as they relate to metropolitan district |
| |
| |
Part 3 so far as relating to— |
| 15 |
(a) | metropolitan district councils which operate a leader and |
| |
| |
(b) | councils which must cease to operate alternative governance |
| |
| |
| 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); |
| |
| 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— |
| |
| |
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 |
| |
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. |
| |
|
| |
|