Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
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Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 7 — Best value
74

103
Further amendments relating to byelaws
Schedule 6 (further amendments of the law relating to byelaws) has effect.
Part 7
Best value
Best value authorities
5
104
Parish councils and community councils etc not to be best value authorities
(1)
In section 1 of the Local Government Act 1999 (c. 27) (best value authorities)—
(a)
in subsection (2) (definition of local authority in relation to England), in
paragraph (a), for “, a London borough council, a parish council or a
parish meeting of a parish which does not have a separate parish
10
council” substitute “or a London borough council”;
(b)
in subsection (3) (definition of local authority in relation to Wales), for
“, a county borough council or a community council” substitute “or a
county borough council”;
(c)
in subsection (7) (definition of local authority in Wales), for “, county
15
borough council or community council” substitute “or county borough
council”.
(2)
In section 2(2) of that Act (authorities to which best value duties may be
extended), omit paragraph (a) (local precepting authorities).
(3)
Schedule 7 (consequential amendments) has effect.
20
Duties of best value authorities
105
Guidance about general best value duty
In section 3 of the Local Government Act 1999 (best value authorities: general
duty), for subsection (4) substitute—
“(4)
In deciding—
25
(a)
how to fulfil the duty arising under subsection (1),
(b)
who to consult under subsection (2), or
(c)
the form, content and timing of consultations under that
subsection,

an authority must have regard to any guidance issued by the Secretary
30
of State.”
106
Involvement of local representatives
(1)
After section 3 of the Local Government Act 1999 insert—
“Duties: English best value authorities
3A
Involvement of local representatives
35
(1)
Where a best value authority considers it appropriate for
representatives of local persons (or of local persons of a particular

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description) to be involved in the exercise of any of its functions by
being—
(a)
provided with information about the exercise of the function,
(b)
consulted about the exercise of the function, or
(c)
involved in another way,
5

it must take such steps as it considers appropriate to secure that such
representatives are involved in the exercise of the function in that way.
(2)
Subsection (1) does not require an authority to take a step—
(a)
if the authority does not have power to take the step under
another enactment or a rule of law; or
10
(b)
if the step would be incompatible with a Community obligation
or any other duty imposed on the authority under another
enactment or a rule of law.
(3)
Subsection (1) does not apply—
(a)
to a police authority,
15
(b)
to a Welsh best value authority,
(c)
to any other authority or description of authority specified in an
order made by the Secretary of State, or
(d)
in any other case specified in such an order.
(4)
An order under subsection (3)(d) may specify cases by reference, in
20
particular, to the following—
(a)
best value authorities or descriptions of best value authority;
(b)
functions of best value authorities;
(c)
descriptions of local person;
(d)
ways in which representatives may be involved in the exercise
25
of functions of an authority.
(5)
In deciding how to fulfil its duties under subsection (1), an authority
must have regard to any guidance issued by the Secretary of State.
(6)
In this section—
“enactment” includes subordinate legislation (within the meaning
30
of section 21 of the Interpretation Act 1978);
“local person” means, in relation to a function of a best value
authority, a person who is likely to be affected by, or interested
in, the exercise of the function;
“representative” means, in relation to local persons or a
35
description of local person, a person who appears to the best
value authority to be representative of the local persons.”
(2)
In section 28(2) of that Act (negative procedure for certain orders and
regulations), after first “section” insert “3A,”.
107
Abolition of performance indicators etc except for Welsh authorities
40
(1)
Immediately before section 4 of the Local Government Act 1999 (c. 27) insert
“Duties: Welsh best value authorities”.
(2)
In section 4 of that Act (performance indicators and standards)—
(a)
in subsection (1)(a), for “best value authority’s” substitute “Welsh best
value authority’s”;
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(b)
in subsections (1)(b), (3)(a) and (4)(a), for “best value authorities”
substitute “Welsh best value authorities”;
(c)
in subsection (5), for “best value authority” substitute “Welsh best
value authority”.
(3)
In section 6 of that Act (performance plans), in subsection (1), for “best value
5
authority” substitute “Welsh best value authority”.
108
Abolition of best value performance reviews
Omit section 5 of the Local Government Act 1999 (c. 27) (best value reviews).
Powers to modify enactments etc
109
Consultation with and consent of Welsh Ministers
10
(1)
In section 16 of the Local Government Act 1999 (power to modify enactments
obstructing compliance with best value duties and confer new powers), after
subsection (3A) insert—
“(3B)
In exercising a power under this section, the Secretary of State must not
make provision which has effect in relation to Wales unless he has
15
consulted the Welsh Ministers.
(3C)
In exercising a power under this section, the Secretary of State—
(a)
must not make provision amending, or modifying or excluding
the application of, Measures or Acts of the National Assembly
for Wales without the consent of the National Assembly for
20
Wales;
(b)
must not make provision amending, or modifying or excluding
the application of, subordinate legislation made by the Welsh
Ministers (or the National Assembly for Wales established
under the Government of Wales Act 1998) without the consent
25
of the Welsh Ministers.
(3D)
Subsection (3C) does not apply to the extent that the Secretary of State
is making incidental or consequential provision.”
(2)
In section 97 of the Local Government Act 2003 (c. 26) (power to modify
enactments in connection with charging or trading)—
30
(a)
for subsection (7) substitute—
“(7A)
In exercising a power under subsection (1) or (2), the Secretary
of State must not make provision which has effect in relation to
Wales unless he has consulted the Welsh Ministers.
(7B)
In exercising a power under subsection (1) or (2), the Secretary
35
of State—
(a)
must not amend, or repeal or disapply, Measures or
Acts of the National Assembly for Wales without the
consent of the National Assembly for Wales;
(b)
must not amend, or revoke or disapply, subordinate
40
legislation made by the Welsh Ministers (or the National
Assembly for Wales established under the Government
of Wales Act 1998) without the consent of the Welsh
Ministers.

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(7C)
Subsection (7B) does not apply to the extent that the Secretary
of State is making incidental or consequential provision.”;
(b)
in subsection (8), for “National Assembly for Wales” substitute “Welsh
Ministers”.
(3)
In section 98 of that Act (procedure for orders under section 97), in subsection
5
(2)—
(a)
for “subsection (7)(a)” substitute “subsection (7A)”;
(b)
in paragraph (d) for “National Assembly for Wales” substitute “Welsh
Ministers”.
110
Power of Welsh Ministers to modify enactments obstructing best value etc
10
(1)
In section 16 of the Local Government Act 1999 (c. 27) (power to modify
enactments and confer new powers)—
(a)
in the title, after “Power” insert “of Secretary of State”;
(b)
after subsection (5) insert—
“(6)
In this section—
15
(a)
“enactment” includes subordinate legislation (within
the meaning of section 21 of the Interpretation Act 1978);
(b)
references to a best value authority do not include a
Welsh best value authority.”
(2)
After section 17 of that Act insert—
20
“17A
Power of Welsh Ministers to modify enactments and confer new
powers
(1)
If the Welsh Ministers think that an enactment prevents or obstructs
compliance by Welsh best value authorities with the requirements of
this Part they may by order make provision modifying or excluding the
25
application of the enactment in relation to—
(a)
all Welsh best value authorities,
(b)
particular Welsh best value authorities, or
(c)
particular descriptions of Welsh best value authority.
(2)
The Welsh Ministers may by order make provision conferring on—
30
(a)
all Welsh best value authorities,
(b)
particular Welsh best value authorities, or
(c)
particular descriptions of Welsh best value authority,

any power which they consider necessary or expedient to permit or
facilitate compliance with the requirements of this Part.
35
(3)
An order under this section may—
(a)
impose conditions on the exercise of any power conferred by
the order (including conditions about consultation or
approval);
(b)
amend an enactment;
40
(c)
include consequential, incidental and transitional provision;
(d)
make different provision for different cases.
(4)
The power under subsection (3)(d) includes, in particular, power to
make different provision in relation to different authorities or
descriptions of authority.
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(5)
An order under this section may not make a provision which, if it were
a provision of a Measure of the National Assembly for Wales, would be
outside the Assembly’s legislative competence.
(6)
For the purposes of subsection (5), section 94(4) of the Government of
Wales Act 2006 has effect as if paragraph (a) (matters within legislative
5
competence) were omitted.
(7)
Subject to subsection (8), no order shall be made under this section
unless a draft has been laid before, and approved by resolution of, the
National Assembly for Wales.
(8)
An order under this section which is made only for the purpose of
10
amending an earlier order under this section—
(a)
so as to extend the earlier order, or any provision of the earlier
order, to a particular authority or to authorities of a particular
description, or
(b)
so that the earlier order, or any provision of the earlier order,
15
ceases to apply to a particular authority or to authorities of a
particular description,

shall be subject to annulment in pursuance of a resolution of the
National Assembly for Wales.
(9)
In exercising a power conferred under subsection (2) a Welsh best value
20
authority shall have regard to any guidance issued by the Welsh
Ministers.
(10)
In this section, “enactment” includes subordinate legislation (within the
meaning of section 21 of the Interpretation Act 1978).
17B
Orders under section 17A: procedure
25
(1)
Before the Welsh Ministers make an order under section 17A they shall
consult such authorities or persons as appear to them to be
representative of interests affected by their proposals.
(2)
If, following consultation under subsection (1), the Welsh Ministers
propose to make an order under section 17A they shall lay before the
30
National Assembly for Wales a document explaining their proposals
and, in particular—
(a)
setting them out in the form of a draft order, and
(b)
giving details of consultation under subsection (1).
(3)
Where a document relating to proposals is laid before the National
35
Assembly for Wales under subsection (2), no draft of an order under
section 17A to give effect to the proposals (with or without
modification) shall be laid before the National Assembly for Wales
until after the expiry of the period of sixty days beginning with the day
on which the document was laid.
40
(4)
In calculating the period mentioned in subsection (3) no account shall
be taken of any time during which the National Assembly is dissolved
or is in recess for more than four days.
(5)
In preparing a draft order under section 17A the Welsh Ministers shall
consider any representations made during the period mentioned in
45
subsection (3) above.

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(6)
A draft order laid before the National Assembly for Wales in
accordance with section 17A(7) shall be accompanied by a statement of
the Welsh Ministers giving details of—
(a)
any representations considered in accordance with subsection
(5) above, and
5
(b)
any changes made to the proposals contained in the document
laid before the National Assembly for Wales under subsection
(2) above.
(7)
Nothing in this section applies to an order under section 17A which is
made only for the purpose mentioned in section 17A(8).”
10
(3)
Until the commencement of section 112(1), in the provisions inserted by this
section references to a Welsh best value authority have effect as if they were
references to an authority which is a best value authority in Wales for the
purposes of Part 1 of the Local Government Act 1999 (c. 27), other than a police
authority for a police area in Wales.
15
Other
111
Grants to promote or facilitate exercise of functions by best value authorities
(1)
In the Local Government Act 2003 (c. 26), after section 36 insert—
“36A
Grants by Ministers of the Crown in respect of best value authorities
etc
20
(1)
A Minister of the Crown may pay a grant to a person for use in, or in
connection with, promoting or facilitating the economic, efficient and effective
exercise of functions by a best value authority or best value authorities.
(2)
The power to make a grant under this section is exercisable only with
the consent of—
25
(a)
the Treasury, and
(b)
in the case of a grant in respect of the exercise of functions by a
Welsh best value authority, the Welsh Ministers.
(3)
The power to pay a grant under this section does not include power to
pay a grant to a best value authority.
30
(4)
The amount of a grant under this section, and the method of payment,
are to be such as the Minister of the Crown may determine.
(5)
A grant under this section may be paid on such conditions as the
Minister of the Crown may determine.
(6)
Conditions under subsection (5) may, in particular, include—
35
(a)
provision as to the use of the grant;
(b)
provision as to circumstances in which the whole or part of the
grant must be repaid.
(7)
For the purposes of this section—
“best value authority” includes the Greater London Authority,
40
whether exercising its functions through the Mayor or
otherwise;

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“Minister of the Crown” has the same meaning as in the Ministers
of the Crown Act 1975;
“Welsh best value authority” means an authority which is a Welsh
best value authority for the purposes of Part 1 of the Local
Government Act 1999.
5
36B
Grants by Welsh Ministers in respect of Welsh best value authorities
(1)
The Welsh Ministers may pay a grant to a person for use in, or in
connection with, promoting or facilitating the economic, efficient and
effective exercise of functions by a Welsh best value authority or Welsh
best value authorities.
10
(2)
The power to pay a grant under this section does not include power to
pay a grant to a best value authority.
(3)
The amount of a grant under this section, and the method of payment,
are to be such as the Welsh Ministers may determine.
(4)
A grant under this section may be paid on such conditions as the Welsh
15
Ministers may determine.
(5)
Conditions under subsection (4) may, in particular, include—
(a)
provision as to the use of the grant;
(b)
provision as to circumstances in which the whole or part of the
grant must be repaid.
20
(6)
For the purposes of this section—
“best value authority” includes the Greater London Authority,
whether exercising its functions through the Mayor or
otherwise;
“Welsh best value authority” means an authority which is a Welsh
25
best value authority for the purposes of Part 1 of the Local
Government Act 1999.”
(2)
Until the commencement of section 112(1), the provisions inserted by this
section have effect as if—
(a)
the definition of “Welsh best value authority” were omitted; and
30
(b)
references to a Welsh best value authority were references to an
authority which is a best value authority in Wales for the purposes of
Part 1 of the Local Government Act 1999 (c. 27), other than a police
authority for a police area in Wales.
112
Best value: minor and consequential amendments
35
(1)
In section 1 of the Local Government Act 1999 (best value authorities), in
subsection (6) (best value authorities in Wales)—
(a)
for “best value authority in Wales” substitute “Welsh best value
authority”;
(b)
omit paragraph (c) (police authority).
40
(2)
Schedule 8 (minor and consequential amendments) has effect.