House of Commons - Explanatory Note
Local Government And Public Involvement In Health Bill - continued          House of Commons

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Schedule 13 - Consequential amendments relating to the creation of the Valuation Tribunal for England

452.     Schedule 13 to the Bill sets out consequential amendments of other legislation relating to the establishments of the VTE:

453.     In particular, amendments to the 2003 Act:

a)      make it a function of the VTS to make the payments necessary for the matters set out in paragraphs A11 to A13 (see paragraph 11(2)(e) of Schedule 13 to the Bill); and

b)      make provision for the VTE President to be a member of the VTS as long as he remains President (see paragraph 13 of Schedule 13 to the Bill).

454.     Amendments to the Constitutional Reform Act 2005 include amendments to Schedule 14 of that Act. These make provision for appointments to the VTE to be made by the Lord Chancellor.

Schedule 14 - Powers of National Assembly for Wales

455.     Paragraph 1 provides for amendments to Schedule 5 to the Government of Wales Act 2006 (c.32) (Assembly measures) that will introduce a number of matters into "Field 12: local government".

456.     Paragraph 2 provides that an Assembly Measure may make provision for or in connection with the following matters:

457.     Matter 12.1: The constitution of a new county borough or county in Wales; the abolition or alteration of an existing county borough or county in Wales; the establishment of a council for a new county borough or county in Wales and the abolition of existing county and county borough councils in Wales; and, the alteration of a police boundary in Wales, as a consequence of an alteration to a local government boundary in Wales but in the latter case only with the consent of the Secretary of State.

458.     Matter 12.2: The making, coming into force and confirming of a byelaw.

459.     Matter 12.3: The conduct of elected members, co-opted members and employees of the following authorities in Wales: county, county boroughs, community councils, fire and rescue authorities, and National Park authorities. The amendment will include provision giving the Assembly certain legislative competence concerning the making and handling of allegations that a member or co-opted member of a police authority in Wales has breached their authority's code of conduct, although an Assembly Measure containing such provision may require Secretary of State consent under Part 3 of Schedule 5 to the 2006 Act.

460.     Matter 12.4: County council and county borough council strategies for promoting and improving the economic, social and environmental well-being of local authority areas in Wales or contributing to sustainable development in the United Kingdom.

461.     Matter 12.5: The making of arrangements by specified authorities in Wales to secure improvement in the exercise of their functions, ie. provisions equivalent to the best value duties in Part 1 of the Local Government Act 1999; the making of arrangements by such authorities for the involvement in the exercise of their functions of persons who are likely to be affected by or interested in the exercise of those functions; the assessment and inspection of the performance of such authorities. The specified authorities include a county council in Wales or county borough council, a fire and rescue authority in Wales and a National Park authority for a National Park in Wales.

462.     Paragraph 3 and 4 provides that an Assembly Measure can only alter the boundary of a police area in Wales with the consent of the Secretary of State.

Schedule 15 - Repeals

463.     This Schedule will be supplemented by orders made under the power of the Secretary of State under clause 173 (power to make further amendments and repeals).


464.     Implementation of the measures in the Bill will mean some costs for the public sector. The RIA found that the net cost will be approximately £33m in 2008/09 and zero costs thereafter.

465.     The majority of the measures in the Bill will affect only the public sector; overall there should be no negative impact on small firms as a result of the measures in this Bill.


466.     The vast majority of costs for the public sector will fall initially on local government, although these will be offset by savings in other areas. For more detail on the costs and benefits of the measures in the Bill see the RIA.


467.     Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement about the compatibility of the provisions of the Bill with the Convention rights (as defined by section 1 of that Act). Ruth Kelly, the Secretary of State for Communities and Local Government, has made the following statement: "In my view the provisions of the Local Government and Public Involvement in Health Bill are compatible with the Convention rights".

  • Clause 28 might be said to raise issues under Article 1 of Protocol 1. A contractor might seek in the future to argue that Article 1 of the First Protocol is engaged as his right to payment for contractual performance will be unenforceable against a successor authority, if entered into without the appropriate consent, as a result of this provision. However, as the legislation is not retrospective, there can be no existing "property" on which the provisions of Article 1 of the First Protocol may bite. The possibility of acquiring a possession in the future (a right to enforce a contract against a successor authority) is not protected.

  • Clause 98 gives the Secretary of State the power to make regulations prescribing classes of byelaws which local authorities may enforce by issuing fixed penalty notices. This might be said to be in breach of article 6(1) because it gives local authorities a financial incentive to issue fixed penalty notices and so may lead to claims that local authorities' decisions on enforcement are not impartial. There could also be a claim that it breaches a person's right to access to the courts. However, where a fixed penalty notice is issued, a person can choose not to pay it and instead attend court and defend the charge against them, which is considered to be compatible with article 6(1). Clause 98 also gives local authorities the power to require a person's name and address where it is proposed to issue a fixed penalty notice. This could be said to breach the article 6(1) right to silence and article 8 right to respect for private life. However, a person's failure to give their name and address would be an interference with the administration of justice and so this provision is considered necessary and proportionate.

  • Clause 131 makes provision to amend the Local Government Act 2000 to provide, following comments made by the court in a recent case (Ken Livingstone v the Standards Board for England), that the code of conduct for local authority members (made under that Act) may apply to the misconduct of members otherwise than in the performance of their functions as members. It is possible that this provision may engage Articles 8 and 10. For example, a member may receive a sanction (including suspension or disqualification from being a member) for statements made or actions undertaken outside the performance of his functions as a member. This clause is considered to be capable of being exercised compatibly with the rights set out in the Convention.

  • Clause 156 is a regulation making power. It provides that the Secretary of State may, by regulations, impose on specified persons a duty to allow entry to and viewing of, and observation of the carrying-on of activities on, certain premises on which health or social care services are provided. This could amount to a potential interference with Article 8 of the Convention. However, the ability to enter and view premises, and to observe activities, is central to the role that local involvement networks will play and the regulations will establish not only the circumstances in which specified health service bodies, or local authorities in respect of social care, will be required to allow representatives of local involvement networks to enter and inspect premises under their control, but also the conditions to be met by those seeking access. The powers are therefore considered to be capable of being exercised compatibly with Convention rights as they are proportionate and prescribed by law. For these same reasons, the right of entry and inspection is considered to be compatible with the rights under Article 1 of the First Protocol.


468.     Clause 175 makes provision about commencement. In general the provisions of the Bill will be brought into force by order made by the Secretary of State. Certain provisions of the Bill will come into force on the day on which the Act is passed; these are set out in subsection (1) of clause 175. Certain provisions will come into force at the end of two months beginning with the day on which the Act is passed; these are set out in subsection (2) of clause 175. Certain provisions will be brought into force in relation to Wales by order made by the Welsh Ministers; these are set out in subsection (3) of clause 175.

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Prepared: 13 December 2006