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 2 — Overview and scrutiny committees
63

(b)
references to “the authority” or “the executive”, in relation to an
overview and scrutiny committee, or a sub-committee of such a
committee, are to the authority by which the overview and
scrutiny committee is established or to the executive of that
authority.
5
21C
Reports and recommendations of overview and scrutiny committees:
duties of certain partner authorities
(1)
This section applies where—
(a)
a relevant committee makes a report or recommendations to the
authority or the executive, otherwise than—
10
(i)
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
(ii)
under subsection (6) of that section, and
(b)
the report or any of the recommendations relates to a local
15
improvement target which—
(i)
relates to a relevant partner authority, and
(ii)
is specified in a local area agreement of the authority.
(2)
The relevant committee may by notice in writing to the relevant partner
authority require the relevant partner authority to have regard to the
20
report or recommendation in question in exercising their functions.
(3)
A notice under subsection (2) must be accompanied by a copy of the
report or recommendations.
(4)
It is the duty of a relevant partner authority to which a notice is given
under subsection (2) to comply with the requirement specified in the
25
notice.
(5)
Subsection (2) does not apply if—
(a)
the relevant partner authority is a Primary Care Trust, and
(b)
by virtue of section 244 of the National Health Service Act 2006,
the report was, or the recommendations were, made to the
30
Primary Care Trust (as well as to the authority or the executive).
(6)
Subsections (2) and (3) are subject to section 21D.
(7)
In this section—
“the authority”, in relation to a relevant committee, means—
(a)
in the case of an overview and scrutiny committee, the
35
local authority by which it is established, and
(b)
in the case of a sub-committee of an overview and
scrutiny committee, the local authority by which the
overview and scrutiny committee is established,
“the executive”, in relation to a relevant committee, means the
40
executive of the authority,
“local improvement target” and “local area agreement” have the
same meanings as in Chapter 1 of Part 5 of the Local
Government and Public Involvement in Health Act 2007 (local
area agreements),
45
“relevant committee” means—
(a)
any overview and scrutiny committee of—

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
64

(i)
a county council in England,
(ii)
a district council for an area in England in
relation to which it has the functions of a county
council, or
(iii)
a London borough council, or
5
(b)
a sub-committee of an overview and scrutiny committee
within paragraph (a), and
“relevant partner authority”, in relation to a relevant committee,
means any person who is a partner authority in relation to the
authority for the purposes of Chapter 1 of Part 5 of the Local
10
Government and Public Involvement in Health Act 2007, other
than—
(a)
a police authority, or
(b)
a chief officer of police;

and references to a target relating to a relevant partner authority are to
15
be construed in accordance with section 80(3) of the Local Government
and Public Involvement in Health Act 2007.
21D
Publication etc of reports, recommendations and responses:
confidential and exempt information
(1)
This section applies to—
20
(a)
the publication under section 21B of any document
comprising—
(i)
a report or recommendations of an overview and
scrutiny committee, or
(ii)
a response of a local authority to any such report or
25
recommendations, and
(b)
the provision of a copy of such a document—
(i)
to a member of a local authority under section 21A(8) or
section 21B, or
(ii)
to a relevant partner authority under section 21C,
30

by an overview and scrutiny committee or a local authority.
(2)
The overview and scrutiny committee or the local authority, in
publishing the document or providing a copy of the document to a
relevant partner authority—
(a)
must exclude any confidential information, and
35
(b)
may exclude any relevant exempt information.
(3)
The overview and scrutiny committee or the local authority, in
providing a copy of the document to a member of the local authority,
may exclude any confidential information or relevant exempt
information.
40
(4)
Where information is excluded under subsection (2) or (3), the
overview and scrutiny committee or the local authority, in publishing,
or providing a copy of, the document—
(a)
may replace so much of the document as discloses the
information with a summary which does not disclose that
45
information, and
(b)
must do so if, in consequence of excluding the information, the
document published, or copy provided, would be misleading
or not reasonably comprehensible.

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
65

(5)
If by virtue of subsection (2), (3) or (4) an overview and scrutiny
committee, in publishing or providing a copy of a report or
recommendations—
(a)
excludes information, or
(b)
replaces part of the report or recommendations with a
5
summary,

it is nevertheless to be taken for the purposes of section 21B(3)(c) or (d)
to have published or provided a copy of the report or
recommendations.
(6)
In this section—
10
“confidential information” has the meaning given by section
100A(3) of the Local Government Act 1972 (admission to
meetings of principal councils),
“exempt information” has the meaning given by section 100I of
that Act, and, in relation to—
15
(a)
any report or recommendations of an overview and
scrutiny committee which has functions under section
21(2)(f), or
(b)
any response to such a report or recommendations,
also includes information which is exempt information under
20
section 246 of the National Health Service Act 2006, and
“relevant exempt information” means—
(a)
in relation to a report or recommendations of an
overview and scrutiny committee, exempt information
of a description specified in a resolution of the overview
25
and scrutiny committee under section 100A(4) of the
Local Government Act 1972 which applied to the
proceedings, or part of the proceedings, at any meeting
of the overview and scrutiny committee at which the
report was, or recommendations were, considered, and
30
(b)
in relation to a response of the authority, exempt
information of a description specified in such a
resolution of the authority which applied to the
proceedings, or part of the proceedings, at any meeting
of the authority at which the report or response was, or
35
recommendations were, considered, and
“relevant partner authority”, in relation to an overview and
scrutiny committee which is a relevant committee within the
meaning of section 21C, has the same meaning as in that section.
(7)
In this section, references to an overview and scrutiny committee
40
include references to a sub-committee of such a committee”.
(2)
In section 22 of that Act (access to information etc), after subsection (12)
insert—
“(12A)
The Secretary of State may by regulations make provision, in relation
to—
45
(a)
the publication by local authority executives under section 21B
of responses to reports or recommendations of overview and
scrutiny committees and sub-committees of such committees,
or

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws
66

(b)
the provision by such executives under that section of copies of
such responses,

which applies or reproduces (with or without modifications) any
provisions of section 21D.”
(3)
In section 32(3) of that Act (alternative arrangements), after “21A” insert “, 21B,
5
21C or 21D”.
96
Transitional provision
(1)
Section 33E of the Local Government Act 2000 (c. 22) (proposals for change in
governance arrangements) (which is inserted by section 41) applies to a local
authority which—
10
(a)
by virtue of the coming into force of any provision of this Chapter is
required to vary its executive arrangements; or
(b)
by virtue of the coming into force of any provision of regulations made
under section 32 of that Act (alternative arrangements) by virtue of any
provision of this Chapter is required to vary its alternative
15
arrangements.
(2)
In this section, “alternative arrangements”, “executive arrangements” and
“local authority” have the same meanings as in Part 2 of the Local Government
Act 2000.
Part 6
20
Byelaws
97
Alternative procedure for byelaws
(1)
The Local Government Act 1972 (c. 70) is amended as follows.
(2)
In section 236 (procedure for byelaws), in subsection (2) (byelaws to which the
section does not apply), after “apply to” insert—
25
“(a)
byelaws of a class prescribed by regulations under section 236A,
or
(b)
".
(3)
After section 236 insert—
“236A
Alternative procedure for certain byelaws
30
(1)
The Secretary of State may, in relation to England, by regulations—
(a)
prescribe classes of byelaws to which section 236 does not
apply, and
(b)
make provision about the procedure for the making and coming
into force of such byelaws.
35
(2)
The regulations may prescribe a class of byelaws by reference, in
particular, to one or more of the following—
(a)
the enactment under which byelaws are made,
(b)
the subject-matter of byelaws,
(c)
the authority by whom byelaws are made,
40
(d)
the authority or person by whom byelaws are confirmed.
(3)
The regulations may, in particular, include provision about—

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws
67

(a)
consultation to be undertaken before a byelaw is made,
(b)
publicising a byelaw after it is made.
(4)
The regulations may make—
(a)
such incidental, consequential, transitional or supplemental
provision (including provision amending, repealing or
5
revoking enactments) as the Secretary of State considers
appropriate, and
(b)
different provision for different areas, including different
provision for different localities and for different authorities.
(5)
Regulations may not be made under subsection (1) unless a draft of the
10
instrument containing the regulations has been laid before, and
approved by a resolution of, each House of Parliament.”.
(4)
In section 237 (offences against byelaws), after “applies” insert “and byelaws of
a class prescribed by regulations under section 236A”.
98
Fixed penalties for breach of byelaws
15
(1)
After section 237 of the Local Government Act 1972 (c. 70) insert—
“237A
Fixed penalty notices
(1)
The Secretary of State may, in relation to England, by regulations
prescribe classes of byelaws to which this section applies.
(2)
The regulations may prescribe a class of byelaws by reference, in
20
particular, to one or more of the following—
(a)
the enactment under which byelaws are made,
(b)
the subject-matter of byelaws,
(c)
the authority by whom byelaws are made,
(d)
the authority or person by whom byelaws are confirmed.
25
(3)
Where—
(a)
an authorised officer of an authority which has made a byelaw
to which this section applies has reason to believe that a person
has committed an offence against the byelaw, or
(b)
an authorised officer of a parish council has reason to believe
30
that a person has in its area committed an offence against a
byelaw to which this section applies made by an authority other
than the parish council,

the officer may give that person a notice offering him the opportunity
of discharging any liability to conviction for the offence by payment of
35
a fixed penalty.
(4)
A fixed penalty notice under this section is payable to the authority
whose officer gave the notice.
(5)
Where a person is given a notice under this section in respect of an
offence—
40
(a)
no proceedings may be instituted for the offence before the end
of the period of fourteen days following the date of the notice,
and
(b)
he may not be convicted of the offence if he pays the fixed
penalty before the end of that period.
45

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws
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(6)
A notice under this section must give such particulars of the
circumstances alleged to constitute the offence as are necessary for
giving reasonable information about the offence.
(7)
A notice under this section must also state—
(a)
the period during which, by virtue of subsection (5),
5
proceedings will not be taken for the offence,
(b)
the amount of the fixed penalty, and
(c)
the person to whom and the address at which the fixed penalty
may be paid.
(8)
Without prejudice to payment by any other method, payment of the
10
fixed penalty may be made by pre-paying and posting a letter
containing the amount of the penalty (in cash or otherwise) to the
person mentioned in subsection (7)(c) at the address so mentioned.
(9)
Where a letter is sent in accordance with subsection (8) payment is to be
regarded as having been made at the time at which that letter would be
15
delivered in the ordinary course of post.
(10)
The form of a notice under this section may be specified in regulations
under subsection (1).
(11)
In any proceedings a certificate which—
(a)
purports to be signed on behalf of the chief finance officer of an
20
authority, and
(b)
states that payment of a fixed penalty was or was not received
by a date specified in the certificate,

is evidence of the facts stated.
(12)
In this section—
25
“authorised officer”, in relation to an authority, means—
(a)
an employee of the authority who is authorised in
writing by the authority for the purpose of giving
notices under this section,
(b)
any person who, in pursuance of arrangements made
30
with the authority, has the function of giving such
notices and is authorised in writing by the authority to
perform the function, and
(c)
any employee of such a person who is authorised in
writing by the authority for the purpose of giving such
35
notices,
“chief finance officer”, in relation to an authority, means the
person having responsibility for the financial affairs of the
authority.
(13)
Regulations under subsection (1) may prescribe conditions to be
40
satisfied by a person before a parish council may authorise him in
writing for the purpose of giving notices under this section.
237B
Amount of fixed penalty
(1)
The amount of a fixed penalty payable in pursuance of a notice under
section 237A is—
45
(a)
the amount specified by the authority which made the byelaw,
or

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws
69

(b)
if no amount is so specified, £75.
(2)
An authority may specify different amounts in relation to different
byelaws.
(3)
The Secretary of State may by regulations make provision in connection
with the powers under subsections (1)(a) and (2).
5
(4)
Regulations under subsection (3) may, in particular—
(a)
require an amount specified under subsection (1)(a) to fall
within a range prescribed in the regulations,
(b)
restrict the extent to which, and the circumstances in which, an
authority can make provision under subsection (2).
10
(5)
The Secretary of State may by order substitute a different amount for
the amount for the time being specified in subsection (1)(b).
237C
Power to require name and address in connection with fixed penalty
(1)
If an authorised officer proposes to give a person a notice under section
237A, the officer may require the person to give him his name and
15
address.
(2)
A person commits an offence if—
(a)
he fails to give his name and address when required to do so
under subsection (1), or
(b)
he gives a false or inaccurate name or address in response to a
20
requirement under that subsection.
(3)
A person guilty of an offence under subsection (2) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(4)
In this section, “authorised officer” has the same meaning as in section
237A.”.
25
(2)
After section 237E of the Local Government Act 1972 (c. 70) (as inserted by
section 100) insert—
“237F
Further provision about regulations and orders under section 237A or
237B
(1)
Regulations under section 237A or 237B, and an order under section
30
237B, may make—
(a)
such incidental, consequential, transitional or supplemental
provision (including provision amending, repealing or
revoking enactments) as the Secretary of State considers
appropriate, and
35
(b)
different provision for different areas, including different
provision for different localities and for different authorities.
(2)
A statutory instrument containing—
(a)
regulations under section 237A or 237B which amend or repeal
any provision of an Act, or
40
(b)
an order under section 237B which amends or repeals any
provision of an Act,

may not be made unless a draft of the instrument containing the
regulations or order has been laid before, and approved by a resolution
of, each House of Parliament.
45