|
| |
|
(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 |
| |
| |
| |
(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 |
| |
| 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; |
| |
| |
(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 |
| |
| |
| |
(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 |
| |
86 | Designated targets: revision proposals |
| |
(1) | At any time while a local area agreement has effect, a responsible local |
| |
| |
(a) | may prepare and submit to the Secretary of State a revision proposal; |
| 35 |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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— |
| |
| |
(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 |
| |
| |
| 15 |
(i) | its community strategy prepared under section 4 of the Local |
| |
Government Act 2000 (c. 22) (strategies for promoting well- |
| |
| |
(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 |
| |
| |
(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). |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| 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” |
| |
| |
(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 |
| |
| |
| |
“(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 |
| |
| |
|
| |
|
| |
|
90 | Interpretation of 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. |
| |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
of the authority of which he is not a member any local |
| |
government matter which is relevant to the functions of the |
| |
| |
(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 |
| |
(4) | Guidance under subsection (3) may make different provision for |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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— |
| |
| 30 |
| |
(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.” |
| |
|
| |
|
| |
|
(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 |
| |
| 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) | 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 |
| |
(a) | section 20(5)(c) or (d) of the Police and Justice Act 2006 |
| |
(guidance and regulations regarding crime and disorder |
| |
| |
(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).” |
| |
|
| |
|
| |
|
(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 |
| |
| |
95 | Overview and scrutiny committees: reports and recommendations |
| |
(1) | After section 21A of the Local Government Act 2000 (c. 22) (inserted by section |
| 10 |
| |
“21B | Duty of authority or executive to respond to overview and scrutiny |
| |
| |
(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 |
| |
| |
(b) | under subsection (6) of that section. |
| 20 |
(2) | The overview and scrutiny committee may publish the report or |
| |
| |
(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 |
| |
| |
(c) | if the overview and scrutiny committee has published the |
| |
report or recommendations under subsection (2), to publish the |
| 30 |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
(5) | Subsections (2) and (4) are subject to section 21D and to any provision |
| |
made under section 22(12A). |
| |
| |
(a) | references to an overview and scrutiny committee include |
| 45 |
references to a sub-committee of such a committee; and |
| |
|
| |
|