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
Schedule 7 — Amendments consequential on removing parish councils etc from best value duties
139

(b)
after subsection (8) insert—
“(9)
In this section, “relevant authority” means—
(a)
a best value authority;
(b)
a parish council;
(c)
a parish meeting of a parish which does not have a
5
separate parish council; or
(d)
a community council.”
      (4)
In section 94 (power to disapply section 93(1))—
(a)
in subsections (1)(a) and (b)(iii) for “best value authority” substitute
“relevant authority”;
10
(b)
in subsections (1)(a) and (b)(i) and (ii) for “best value authorities”
substitute “relevant authorities”;
(c)
after subsection (2) insert—
“(3)
In this section, “relevant authority” has the meaning given in
section 93.”
15
      (5)
In section 95 (power to trade in function-related activities through a
company)—
(a)
in subsections (1)(a) and (3)(a) (in both places) for “best value
authorities” substitute “relevant authorities”;
(b)
in subsections (2), (3)(a) and (5) and in the definition of “ordinary
20
functions” in subsection (7), for “best value authority” substitute
“relevant authority”;
(c)
in subsection (7), omit the definition of “best value authority”;
(d)
in that subsection, at the end insert—
““police authority” means—
25
(a)
a police authority established under section 3
of the Police Act 1996;
(b)
the Common Council of the City of London in
its capacity as a police authority; or
(c)
the Metropolitan Police Authority;
30
“relevant authority” means—
(a)
a best value authority, other than a police
authority or the London Development
Agency;
(b)
a parish council;
35
(c)
a parish meeting of a parish which does not
have a separate parish council; or
(d)
a community council.”
      (6)
In section 96 (regulation of trading powers)—
(a)
in subsections (1), (2) and (3)(c) for “best value authority” substitute
40
“relevant authority”;
(b)
in subsection (3)(a) and (b) for “best value authorities” substitute
“relevant authorities”;
(c)
for subsection (4) substitute—
“(4)
In this section, “relevant authority” has the meaning given in
45
section 95.”

Local Government and Public Involvement in Health Bill
Schedule 7 — Amendments consequential on removing parish councils etc from best value duties
140

      (7)
In section 97 (power to modify enactments in connection with charging or
trading)—
(a)
in subsections (1) and (4)(a) and (b) for “best value authorities”
substitute “relevant authorities”;
(b)
in subsections (2), (4)(c), (6) and (11) (in the definition of
5
“discretionary service” and “ordinary functions”) for “best value
authority” substitute “relevant authority”;
(c)
in subsection (11) at the end insert—
““relevant authority” means—
(a)
a best value authority;
10
(b)
a parish council;
(c)
a parish meeting of a parish which does not
have a separate parish council; or
(d)
a community council.”
      (8)
In section 98 (procedure for orders under section 98)—
15
(a)
in subsection (1)(a) for “best value authorities” substitute “relevant
authorities”;
(b)
after subsection (7) insert—
“(8)
In this section, “relevant authority” has the meaning given in
section 97.”
20
      (9)
In section 101 (staff transfer matters: general)—
(a)
in subsections (1) and (3) for “a best value authority (in Scotland, a
relevant authority)” substitute “a relevant authority”;
(b)
in subsection (6)(a)(i) for “all best value authorities (or, as the case
may be, relevant authorities)” substitute “all relevant authorities”;
25
(c)
after subsection (7) insert—
“(7A)
In this section, in relation to England and Wales, “relevant
authority” means—
(a)
a best value authority;
(b)
a parish council;
30
(c)
a parish meeting of a parish which does not have a
separate parish council; or
(d)
a community council.”
(d)
in subsection (8)—
(i)
after “In this section” insert “, in relation to Scotland”;
35
(ii)
in the definition of “appropriate person” omit “, in relation to
Scotland,”.
     (10)
In section 102 (staff transfer matters: pensions) after subsection (7) insert—
“(7A)
In this section, in relation to England, “local authority” means—
(a)
a county council in England, a district council, a London
40
borough council, a parish council or a parish meeting of a
parish which does not have a separate parish council;
(b)
the Council of the Isles of Scilly;
(c)
the Common Council of the City of London in its capacity as
a local authority; and
45
(d)
the Greater London Authority so far as it exercises its
functions through the Mayor.

Local Government and Public Involvement in Health Bill
Schedule 8 — Best value: minor and consequential amendments
Part 1 — Part 1 of Local Government Act 1999
141

(7B)
In this section, in relation to Wales, “local authority” means a county
council, county borough council or community council in Wales.”
     (11)
In section 102(8) (definitions)—
(a)
after “in this section” insert “, in relation to Scotland”;
(b)
in the definition of “appropriate person”, omit “in relation to
5
Scotland,”;
(c)
in the definition of “local authority”—
(i)
omit paragraph (a);
(ii)
in paragraph (b), omit “in relation to Scotland,”;
(d)
after the definition of “local authority” insert—
10
“(9)
In this section,”.
Schedule 8
Section 112

Best value: minor and consequential amendments
Part 1
Part 1 of Local Government Act 1999
15
1
Part 1 of the Local Government Act 1999 (c. 27) (best value authorities) is
amended in accordance with this Part of this Schedule.
2     (1)
Section 1 (best value authorities) is amended as follows.
      (2)
In subsection (1)—
(a)
for paragraph (a) substitute—
20
“(a)
an English local authority;”;
(b)
in paragraph (b), at the end insert “for a National Park in England”;
(c)
in paragraph (e), after “fire and rescue authority” insert “in
England”;
(d)
for paragraph (g) substitute—
25
“(g)
an authority established under section 10 of the Local
Government Act 1985 (waste disposal authorities);”;
(e)
after paragraph (j) insert—
“(k)
a Welsh best value authority.”
      (3)
In subsection (2) (definition of local authority in relation to England)—
30
(a)
for the words preceding paragraph (a) substitute “In this section,
“English local authority” means—”;
(b)
in paragraph (a), after “a county council” insert “in England”.
      (4)
Omit subsection (3) (definition of local authority in relation to Wales).
      (5)
In subsection (4) (definition of police authorities), for “In this section”
35
substitute “In this Part”.
      (6)
Omit subsection (5) (definition of waste disposal authorities).
      (7)
Omit subsection (8) (exclusion of police authorities from certain provisions).
3     (1)
Section 2 (power to extend or disapply) is amended as follows.

Local Government and Public Involvement in Health Bill
Schedule 8 — Best value: minor and consequential amendments
Part 1 — Part 1 of Local Government Act 1999
142

      (2)
In the title, at the end insert “: Secretary of State”.
      (3)
In subsection (2)—
(a)
in paragraph (b), at the end insert “in respect of which the county
council or charging authority referred to in section 74(1)(b) of that
Act was a council or authority for an area in England”;
5
(b)
in paragraph (c), at the end insert “and which as regards the financial
year beginning in 1989 had power to levy a rate by reference to
property in England”.
      (4)
Omit subsection (3) (power to apply section 7 with modifications).
      (5)
In subsection (5), for the words from “to a duty” to the end substitute “to the
10
duty in section 3.”
      (6)
After subsection (5) insert—
“(5A)
Subsection (5) does not apply in relation to a Welsh best value
authority.”
4     (1)
Section 2A (power of National Assembly for Wales to extend or disapply
15
best value duties) is amended as follows.
      (2)
In the title, for “best value authorities in Wales” substitute “Welsh
Ministers”.
      (3)
In subsections (1) and (4), for “National Assembly for Wales” substitute
“Welsh Ministers”;
20
      (4)
In subsections (1), (3) and (4) for “best value authority in Wales” substitute
“Welsh best value authority”.
      (5)
In subsection (2)—
(a)
in paragraph (a), at the end insert “in respect of which the county
council or charging authority referred to in section 74(1)(b) of that
25
Act was a council or authority for an area in Wales”;
(b)
in paragraph (b), at the end insert “and which as regards the financial
year beginning in 1989 had power to levy a rate by reference to
property in Wales”.
5
For the heading immediately preceding section 3 substitute “Duties: general”.
30
6     (1)
Section 4 (performance indicators and standards) is amended as follows.
      (2)
In subsections (1), (3) and (4) for “Secretary of State” substitute “Welsh
Ministers”.
      (3)
In subsection (3)—
(a)
in paragraph (a), for “him” substitute “them”;
35
(b)
in paragraph (b) for “he thinks” substitute “they think”.
      (4)
In subsection (4)(b)—
(a)
for “him” substitute “them”;
(b)
for “relevant audit authority” substitute “Auditor General for
Wales”.
40
      (5)
Omit subsection (6) (definition of relevant audit authority).

Local Government and Public Involvement in Health Bill
Schedule 8 — Best value: minor and consequential amendments
Part 1 — Part 1 of Local Government Act 1999
143

7
In section 6 (best value performance plans), in subsections (2), (3)(b) and (4)
for “Secretary of State” substitute “Welsh Ministers”.
8
In the heading immediately before section 7, at the end insert “: Welsh best
value authorities”.
9     (1)
Section 7 (audit of best value performance plans) is amended as follows.
5
      (2)
In subsection (1), for “best value authority” substitute “Welsh best value
authority”.
      (3)
Omit subsection (3) (auditors appointed by the Audit Commission).
      (4)
In subsection (3A), omit “If an authority’s auditor is appointed by the
Auditor General for Wales,”.
10
      (5)
In subsection (4)—
(a)
omit paragraph (e);
(b)
in paragraph (ea), omit “if the auditor is appointed by the Auditor
General for Wales,”;
(c)
in paragraph (f) for “Secretary of State” substitute “Welsh Ministers”.
15
      (6)
In subsection (5)—
(a)
omit paragraph (b);
(b)
in paragraph (ba), omit “if the auditor is appointed by the Auditor
General for Wales,”;
(c)
in paragraph (c) (in both places) for “Secretary of State” substitute
20
“Welsh Ministers”.
      (7)
In subsection (6)(b) for “Secretary of State” substitute “Welsh Ministers”.
      (8)
In subsection (7), omit “, (3)”.
      (9)
In subsection (8)—
(a)
omit paragraph (a);
25
(b)
in paragraph (aa), omit “if he was appointed by the Auditor General
for Wales,”;
(c)
in the words following paragraph (b), omit “, (3)”.
     (10)
In subsection (8A)—
(a)
in paragraph (a), omit “, if the authority is a best value authority in
30
Wales”;
(b)
omit paragraph (b).
     (11)
Omit subsection (9) (application of section 3 of Audit Commission Act 1998
where auditor appointed by the Audit Commission).
10
Omit section 8 (Audit Commission’s code of practice and fees).
35
11
In section 8A(5)—
(a)
in paragraph (a), for “Assembly” substitute “Welsh Ministers”;
(b)
in paragraph (b), for “best value authorities in Wales” substitute
“Welsh best value authorities”.
12
In section 8B (auditor’s duty in relation to codes) omit—
40
(a)
subsection (1) (auditors appointed by Audit Commission); and
(b)
subsections (3) and (4) (transitional provision).

Local Government and Public Involvement in Health Bill
Schedule 8 — Best value: minor and consequential amendments
Part 1 — Part 1 of Local Government Act 1999
144

13
In section 9 (response to audit)—
(a)
in subsections (1) and (2) for “best value authority” substitute “Welsh
best value authority”;
(b)
in subsection (6) (in both places) for “Secretary of State” substitute
“Welsh Ministers”.
5
14    (1)
Section 10 (best value inspections by Audit Commission) is amended as
follows.
      (2)
In subsection (4), omit paragraph (a).
      (3)
In subsection (5), for “a best value authority in Wales” substitute “—
(a)
a Welsh best value authority, or
10
(b)
a police authority for a police area in Wales.”
15    (1)
Section 10A (best value inspections by Auditor General for Wales) is
amended as follows.
      (2)
In subsection (1) for “a best value authority in Wales” substitute “—
(a)
a Welsh best value authority, or
15
(b)
a police authority for a police area in Wales.”
      (3)
In subsection (2) for “specified best value authority in Wales” substitute
“specified authority mentioned in subsection (1)”.
16
In section 11 (inspectors’ powers and duties), in subsection (4)(b) omit
“must”.
20
17
In section 12A(4)(b) (consultation about fees for inspections by Auditor
General for Wales) for “best value authorities in Wales” substitute “best
value authorities which may be inspected under section 10A”.
18
In section 13 (reports by Audit Commission) omit subsection (5)
(performance plans to record failure to comply with Part 1).
25
19
In section 13A (reports by Auditor General for Wales), in subsection (5)
(performance plans to record failure to comply with Part 1), for “an
authority” substitute “a Welsh best value authority”.
20
In section 15(2) (Secretary of State’s powers)—
(a)
for the words from “direct it” to the end of paragraph (b) substitute—
30
“(aa)
in the case of a Welsh best value authority, direct it to
prepare or amend a performance plan or to follow
specified procedures in relation to a performance
plan;”;
(b)
in paragraph (c), at the beginning insert “in the case of any best value
35
authority, direct it”.
21    (1)
Section 23 (accounts) is amended as follows.
      (2)
In subsection (4), in paragraph (za), for “best value authorities in Wales”
substitute “Welsh best value authorities or police authorities for police areas
in Wales”.
40
      (3)
In subsection (6), omit “(within the meaning of section 7)”.

Local Government and Public Involvement in Health Bill
Schedule 8 — Best value: minor and consequential amendments
Part 2 — Other minor and consequential amendments
145

      (4)
After subsection (6) insert—
“(7)
In subsection (6), “auditor” means an auditor appointed by the Audit
Commission or the Auditor General for Wales to audit the best value
authority’s accounts.”
22    (1)
Section 29 (modification for Wales) is amended as follows.
5
      (2)
For subsections (1) and (2) substitute—
“(1)
This section has effect for the purposes of the application of this Part
in relation to Wales, except in so far as it relates to a police authority
for a police area in Wales.
(1A)
For each reference to the Secretary of State in sections 3, 10A, 12A,
10
13A, 15, 19, 23, 25 and 26 there shall be substituted a reference to the
Welsh Ministers.”
      (3)
In subsection (4)—
(a)
omit “to Wales”;
(b)
for “National Assembly for Wales” and “Assembly” substitute
15
“Welsh Ministers”.
      (4)
After subsection (4) insert—
“(5)
In section 19(3) and (3A) for each reference to each House, or either
House, of Parliament there shall be substituted a reference to the
National Assembly for Wales.
20
(6)
In section 28(2), for the reference to either House of Parliament there
shall be substituted a reference to the National Assembly for Wales.”
Part 2
Other minor and consequential amendments
Housing Associations Act 1985 (c. 69)
25
23
In section 75(1B) of the Housing Associations Act 1985 (functions of Audit
Commission in relation to which relevant authority provides advice and
assistance), omit from “, except” to the end.
Local Government Act 2003 (c. 26)
24    (1)
The Local Government Act 2003 is amended as follows.
30
      (2)
In section 36(1) (grants in connection with designation for service
excellence), for “subject to any of the duties in sections 3 to 6 of the Local
Government Act 1999 (best value duties)” substitute “which, in relation to
any of its functions, is subject to the duty in section 3(1) of the Local
Government Act 1999 (best value duty)”.
35
      (3)
In section 98(2) (procedure for orders under section 97), for “relate to best
value authorities in Wales” (in each place) substitute “include provision
which has effect in relation to Wales”.