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 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements
56

(3)
A designation under this section may be revoked.
(4)
The power to make or revoke a designation under this section is exercisable by
notice in writing to the responsible local authority.
85
Revision and addition of targets
(1)
A designated target may not be amended or removed from a local area
5
agreement except in accordance with sections 86 and 87.
(2)
Any other local improvement target for the time being specified in a local area
agreement may be—
(a)
amended, or
(b)
removed from the local area agreement,
10

by the responsible local authority, in accordance with subsection (4).
(3)
But subsection (2) does not apply—
(a)
during the period of one month beginning with the date on which a
draft of the local area agreement was approved by the Secretary of State
under section 82; or
15
(b)
in relation to any local improvement target which is added to the local
area agreement by virtue of the approval of a revision proposal, during
the period of one month beginning with the date on which the revision
proposal was approved by the Secretary of State under section 87.
(4)
A responsible local authority may amend or remove a local improvement
20
target under subsection (2) only—
(a)
with the consent of each partner authority to which the target relates;
and
(b)
after consulting each other person to whom it relates.
(5)
Local improvement targets may not be added to a local area agreement except
25
in accordance with—
(a)
subsection (6); or
(b)
sections 86 and 87.
(6)
The responsible local authority may, with the consent of each person to whom
the target in question is to relate, specify a new local improvement target in a
30
local area agreement.
86
Designated targets: revision proposals
(1)
At any time while a local area agreement has effect, a responsible local
authority—
(a)
may prepare and submit to the Secretary of State a revision proposal;
35
and
(b)
must do so if the Secretary of State so directs.
(2)
In this Chapter, “revision proposal”, in relation to a local area agreement,
means a document proposing any or all of the following—
(a)
changes to designated targets specified in the local area agreement;
40
(b)
the removal of designated targets from the local area agreement;
(c)
that additional local improvement targets be specified in the local area
agreement.

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements
57

(3)
A revision proposal must—
(a)
if it proposes changes to a designated target under subsection (2)(a),
specify the persons to whom the target relates who have consented to
the changes;
(b)
if it proposes an additional local improvement target under subsection
5
(2)(c), specify the persons to whom the target is to relate.
(4)
In preparing a revision proposal, the responsible local authority must—
(a)
consult—
(i)
each partner authority; and
(ii)
such other persons as appear to it to be appropriate;
10
(b)
co-operate with each partner authority in determining changes to or the
removal of designated targets, or additional local improvement targets,
relating to the partner authority which are to be proposed by the
revision proposal; and
(c)
have regard to—
15
(i)
its community strategy prepared under section 4 of the Local
Government Act 2000 (c. 22) (strategies for promoting well-
being); and
(ii)
any guidance issued by the Secretary of State.
(5)
In determining changes to or the removal of designated targets, or additional
20
local improvement targets, relating to it which are to be proposed by the
revision proposal, each partner authority must—
(a)
co-operate with the responsible local authority; and
(b)
have regard to any guidance issued by the Secretary of State.
(6)
Before issuing any guidance under this section, the Secretary of State must
25
consult such representatives of local government (including representatives of
partner authorities) and such other persons (if any) as he considers
appropriate.
(7)
A direction under subsection (1)(b) may specify the date by which a revision
proposal must be submitted to the Secretary of State.
30
87
Approval of revision proposal
(1)
Where a revision proposal relating to a local area agreement has been
submitted to him under section 86(1), the Secretary of State may by notice to
the responsible local authority—
(a)
approve the revision proposal;
35
(b)
if the revision proposal was submitted to him pursuant to a direction
under section 86(1)(b), require the responsible local authority to modify
the revision proposal; or
(c)
reject the revision proposal.
(2)
If the Secretary of State approves the revision proposal, the local area
40
agreement has effect subject to the changes set out in the revision proposal.
(3)
Where a designated target is modified by virtue of subsection (2), the
designation under section 84 continues to apply to the target as so modified
(until revoked under that section).

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements
58

(4)
A requirement under subsection (1)(b) to modify a revision proposal operates
for the purposes of section 86 as a direction under subsection (1)(b) of that
section to prepare and submit a further revision proposal.
88
Duty to publish information about local area agreement
(1)
The responsible local authority must publish a memorandum relating to a local
5
area agreement—
(a)
whenever the Secretary of State—
(i)
designates a local improvement target under section 84; or
(ii)
revokes a designation under that section; and
(b)
whenever the local area agreement is modified—
10
(i)
under section 85(2) or (6); or
(ii)
by virtue of section 87(2).
(2)
A memorandum under subsection (1) must state—
(a)
the period for which the local area agreement has effect;
(b)
the local improvement targets for the time being specified in the local
15
area agreement;
(c)
in relation to each of those targets—
(i)
whether it is for the time being a designated target;
(ii)
the persons who are required by section 83 to have regard to the
target; and
20
(iii)
any other persons to whom the target relates;

and must take such form as the Secretary of State may direct.
(3)
Different directions may be given under subsection (2) in relation to different
responsible local authorities or different descriptions of responsible local
authority.
25
(4)
A direction under subsection (2) may be varied or revoked by a further
direction under that subsection.
89
Preparation of community strategy
(1)
Section 4 of the Local Government Act 2000 (c. 22) (strategies for promoting
well-being) is amended as follows.
30
(2)
In subsection (3)(a), for “such persons as they consider appropriate, and”
substitute “—
(i)
in the case of a responsible local authority, each partner
authority and such other persons as the responsible
local authority consider appropriate, or
35
(ii)
in any other case, such persons as the authority consider
appropriate, and”.
(3)
At the end insert—
“(6)
In subsection (3)(a), “responsible local authority” and “partner
authority”, in relation to a responsible local authority, have the same
40
meanings as in Chapter 1 (local area agreements) of Part 5 of the Local
Government and Public Involvement in Health Act 2007 (see sections
78 and 79 of that Act).”

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees
59

90
Interpretation of Chapter
In this Chapter—
“designated target” means a local improvement target designated by the
Secretary of State under section 84;
“local area agreement” has the meaning given by section 81;
5
“local improvement target” has the meaning given by section 80;
“partner authority”, in relation to a responsible local authority, has the
meaning given by section 79;
“responsible local authority” has the meaning given by section 78; and
“the responsible local authority”, in relation to a local area agreement,
10
means the responsible local authority required under section 81 to
prepare a draft of the local area agreement;
“revision proposal” has the meaning given by section 86.
91
Transitional provision
(1)
This section applies in relation to each responsible local authority when it is
15
first directed by the Secretary of State under subsection (1) of section 81 to
prepare and submit a draft of a local area agreement.
(2)
If the direction so provides—
(a)
it is immaterial, for the purpose of satisfying the duty imposed by that
subsection, whether the draft of the local area agreement was prepared
20
before or after the direction was given; and
(b)
subsections (2) and (3) of that section do not apply in relation to the
preparation of that draft local area agreement.
Chapter 2
Overview and scrutiny committees
25
92
Reference of matter by councillor to overview and scrutiny committee
(1)
The Local Government Act 2000 (c. 22) is amended as follows.
(2)
In section 21 (overview and scrutiny committees)—
(a)
in subsection (4), after “this section” insert “or section 21A”; and
(b)
omit subsection (8).
30
(3)
After that section insert—
“21A
Reference of matters to overview and scrutiny committee etc
(1)
Executive arrangements by a local authority must include provision
which—
(a)
enables any member of an overview and scrutiny committee of
35
the authority to refer to the committee any matter which is
relevant to the functions of the committee,
(b)
enables any member of a sub-committee of such a committee to
refer to the sub-committee any matter which is relevant to the
functions of the sub-committee, and
40
(c)
in the case of a local authority in England, enables any member
of the authority to refer to an overview and scrutiny committee

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees
60

of the authority of which he is not a member any local
government matter which is relevant to the functions of the
committee.
(2)
For the purposes of subsection (1), provision enables a person to refer a
matter to a committee or sub-committee if it enables him to ensure that
5
the matter is included in the agenda for, and discussed at, a meeting of
the committee or sub-committee.
(3)
In considering whether to exercise the power which he has by virtue of
subsection (1)(c) in any case, a member of an authority must have
regard to any guidance for the time being issued by the Secretary of
10
State.
(4)
Guidance under subsection (3) may make different provision for
different cases.
(5)
Subsections (6) to (8) apply where a local government matter is referred
to an overview and scrutiny committee by a member of a local
15
authority in accordance with provision made pursuant to subsection
(1)(c).
(6)
In considering whether or not to exercise any of its powers under
section 21(2) in relation to the matter, the committee may have regard
to—
20
(a)
any powers which the member may exercise in relation to the
matter by virtue of section 166 of the Local Government and
Public Involvement in Health Act 2007 (exercise of functions by
local councillors in England), and
(b)
any representations made by the member as to why it would be
25
appropriate for the committee to exercise any of its powers
under section 21(2) in relation to the matter.
(7)
If the committee decides not to exercise any of those powers in relation
to the matter, it must notify the member of—
(a)
its decision, and
30
(b)
the reasons for it.
(8)
The committee must provide the member with a copy of any report or
recommendations which it makes to the authority or the executive
under section 21(2) in relation to the matter.
(9)
Subsection (8) is subject to section 21D.
35
(10)
In this section “local government matter”, in relation to a member of a
local authority, means a matter which—
(a)
relates to the discharge of any function of the authority,
(b)
affects all or part of the electoral area for which the member is
elected or any person who lives or works in that area, and
40
(c)
is not an excluded matter.
(11)
In subsection (10)(c), “excluded matter” means any matter which is—
(a)
a local crime and disorder matter within the meaning of section
19 of the Police and Justice Act 2006 (c. 48) (local authority
scrutiny of crime and disorder matters), or
45
(b)
a matter of any description specified in an order made by the
Secretary of State for the purposes of this section.”

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees
61

(4)
In section 32(3) (alternative arrangements), after “21” insert “, 21A”.
93
Power of overview and scrutiny committee to question members of authority
(1)
In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny
committees), in subsection (13), before “and” immediately following
paragraph (a) insert—
5
“(aa)
may require any other member of the authority to attend before
it to answer questions relating to any function which is
exercisable by the member by virtue of section 166 of the Local
Government and Public Involvement in Health Act 2007
(exercise of functions by local councillors in England),”.
10
(2)
In subsection (14) of that section, for the words following “mentioned in”
substitute “paragraph (a) or (aa) of subsection (13) to comply with any
requirement mentioned in that paragraph”.
94
Powers to require information from partner authorities
(1)
After section 22 of the Local Government Act 2000 insert—
15
“22A
Overview and scrutiny committees of certain authorities in England:
provision of information etc by certain partner authorities
(1)
The Secretary of State may by regulations make provision, in relation to
a relevant committee—
(a)
as to information which relevant partner authorities must
20
provide to the relevant committee, and
(b)
as to information which may not be disclosed by a relevant
partner authority to the relevant committee.
(2)
In subsection (1), references to information do not include information
in respect of which provision may be made in exercise of the power
25
conferred by—
(a)
section 20(5)(c) or (d) of the Police and Justice Act 2006
(guidance and regulations regarding crime and disorder
matters), or
(b)
section 244(2)(d) or (e) of the National Health Service Act 2006
30
(functions of overview and scrutiny committees).
(3)
For the purposes of subsection (1), “relevant committee” and “relevant
partner authority” have the meanings given by section 21C.”
(2)
In section 32(3) of that Act (alternative arrangements), after “Schedule 1,” insert
“any provision made under section 22A,”.
35
(3)
In section 20 of the Police and Justice Act 2006 (c. 48) (guidance and regulations
regarding crime and disorder matters), after subsection (6) insert—
“(6A)
In subsection (5)(c) and (d), references to information are, in relation to
any crime and disorder committee, to information relating to—
(a)
the discharge, or decisions made or other action taken in
40
connection with the discharge, by the responsible authorities of
their crime and disorder functions; or
(b)
local crime and disorder matters which the committee is
required to consider under section 19(6).”

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees
62

(4)
In subsection (7) of that section, for “and “co-operating persons and bodies””
substitute “, “co-operating persons and bodies”, “crime and disorder
functions” and “local crime and disorder matters””.
(5)
In section 244 of the National Health Service Act 2006 (c. 41) (functions of
overview and scrutiny committees), after subsection (2) insert—
5
“(2A)
In subsection (2)(d) and (e), references to information are to
information relating to matters relating to the health service in the
authority’s area.”
95
Overview and scrutiny committees: reports and recommendations
(1)
After section 21A of the Local Government Act 2000 (c. 22) (inserted by section
10
92) insert—
“21B
Duty of authority or executive to respond to overview and scrutiny
committee
(1)
This section applies where an overview and scrutiny committee of a
local authority in England makes a report or recommendations to the
15
authority or the executive, otherwise than—
(a)
by virtue of subsection (1)(b) of section 19 of the Police and
Justice Act 2006 (c. 48) (local authority scrutiny of crime and
disorder matters), or
(b)
under subsection (6) of that section.
20
(2)
The overview and scrutiny committee may publish the report or
recommendations.
(3)
The overview and scrutiny committee must by notice in writing require
the authority or executive—
(a)
to consider the report or recommendations,
25
(b)
to respond to the overview and scrutiny committee indicating
what (if any) action the authority propose, or the executive
proposes, to take,
(c)
if the overview and scrutiny committee has published the
report or recommendations under subsection (2), to publish the
30
response,
(d)
if the overview and scrutiny committee provided a copy of the
report or recommendations to a member of the authority under
section 21A(8), to provide the member with a copy of the
response,
35

and to do so within two months beginning with the date on which the
authority or executive received the report or recommendations or (if
later) the notice.
(4)
It is the duty of an authority or executive to which a notice is given
under subsection (3) to comply with the requirements specified in the
40
notice.
(5)
Subsections (2) and (4) are subject to section 21D and to any provision
made under section 22(12A).
(6)
In this section—
(a)
references to an overview and scrutiny committee include
45
references to a sub-committee of such a committee; and