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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

 
 

 
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