House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

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, continued

      (3)
In section 89 (collection funds)—

(a)
in subsection (2), for “subsection (2A)” substitute “subsections (2A)

to (2C)”;

(b)
after subsection (2B) insert—

“(2C)
In the case of—

(a)
a district council or London borough council

established by an order under Part 1 of the Local

Government and Public Involvement in Health Act

2007, or

(b)
a county council to which the functions of district

councils in relation to the county council’s area are

transferred by or in consequence of such an order,


the collection fund must be established on a date specified in

the order or in regulations made under section 14 of that Act.”

      (4)
In section 91 (general funds)—

(a)
in subsection (1)(aa) for “or section 17 of the Regional Assemblies

(Preparations) Act 2003” substitute “, section 17 of the Regional

Assemblies (Preparations) Act 2003 or Part 1 of the Local

Government and Public Involvement in Health Act 2007”;

(b)
in subsection (3) for “and (3C)” substitute “to (3D)”;

(c)
in subsection (3B) omit “(in this section referred to as “the

reorganisation date”)”;

(d)
after subsection (3C) insert—

“(3D)
In the case of—

(a)
a district council or London borough council

established by an order under Part 1 of the Local

Government and Public Involvement in Health Act

2007, or

(b)
a county council to which the functions of district

councils in relation to the county council’s area are

transferred by or in consequence of such an order,


the general fund must be established on a date specified in the

order or in regulations made under section 14 of that Act.”;

(e)
in subsection (8) for “county council such as is referred to in

subsection (3B)(b) above” substitute “relevant county council”;

(f)
after subsection (8) insert—

“(9)
In subsection (8)—

“relevant county council” means—

(a)
a county council such as is referred to in subsection (3B)(b)

above, or

(b)
an existing county council to which the functions of district

councils in relation to the county council’s area are transferred

by or in consequence of an order under Part 1 of the Local

Government and Public Involvement in Health Act 2007, and

“the reorganisation date” means the date on which the council is

required by this section to establish its general fund.”

Food Safety Act 1990 (c. 16)

17
In section 27(5) of the Food Safety Act 1990 (appointment of public analysts),

omit the words “pursuant to a structural change”.

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84

, continued

Environment Act 1995 (c. 25)

18  (1)
The Environment Act 1995 is amended as follows.

      (2)
In section 75(8) (National Parks: powers to make orders), for “Part II of the

Local Government Act 1992” substitute “Part 1 of the Local Government and

Public Involvement in Health Act 2007”.

      (3)
In section 79(1) (interpretation of Part 3), in the definition of “public

authority”—

(a)
omit the words “or residuary body”;

(b)
after “1992” insert “, any residuary body established under section 17

of the Local Government and Public Involvement in Health Act

2007”.

Police Act 1996 (c. 16)

19  (1)
The Police Act 1996 is amended as follows.

      (2)
In section 1(2)(a) (police areas), for “or section 17 of the Local Government

Act 1992” substitute “section 17 of the Local Government Act 1992 or Part 1

of the Local Government and Public Involvement in Health Act 2007”.

      (3)
In section 100(1) (chief constables affected by local government

reorganisations etc), for “section 17 of the Local Government Act 1992”

substitute “Part 1 of the Local Government and Public Involvement in Health

Act 2007”.

Freedom of Information Act 2000 (c. 36)

20
In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in

paragraph 23 for “section 22 of the Local Government Act 1992” substitute

“section 17 of the Local Government and Public Involvement in Health Act

2007”.

Regional Assemblies (Preparations) Act 2003 (c. 10)

21  (1)
In the Regional Assemblies (Preparations) Act 2003, after section 27 insert—

“27A
Saving for provisions of Local Government Act 1992 as applied

(1)
In this section “the relevant time” means the coming into force of the

repeals in the Local Government Act 1992 made by Part 1 of Schedule

1 to the Local Government and Public Involvement in Health Act

2007.

(2)
This Act shall have effect from the relevant time as if those repeals had

not been made.”

      (2)
The power under section 173 of this Act to amend the Regional Assemblies

(Preparations) Act 2003—

(a)
is not limited by this paragraph;

(b)
includes power to amend or repeal section 27A of that Act.

Fire and Rescue Services Act 2004 (c. 21)

22  (1)
The Fire and Rescue Services Act 2004 is amended as follows.

      (2)
In section 2 (power to create combined fire and rescue authorities), in each of

subsections (9)(c) and (10)(a), for “Part 2 of the Local Government Act 1992

(c.19) or section 17 of the Regional Assemblies (Preparations) Act 2003

(c.10)” substitute “section 17 of the Regional Assemblies (Preparations) Act

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85

, continued

2003 or Part 1 of the Local Government and Public Involvement in Health Act

2007”.

      (3)
In section 4(7)(b) (combined authorities under the Fire Services Act 1947), for

“Part 2 of the Local Government Act 1992 (c.19) or section 17 of the Regional

Assemblies (Preparations) Act 2003 (c.10)” substitute “section 17 of the

Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local

Government and Public Involvement in Health Act 2007”.’.

Schedule, as amended, Agreed to.

Schedules 2 to 4 Agreed to.

Mr Phil Woolas

Agreed to  249

Schedule  5,  page  135,  line  14,  leave out ‘this Part’ and insert ‘paragraphs 2 to 5A’.

Mr Phil Woolas

Agreed to  250

Schedule  5,  page  135,  line  19,  at end insert—

    ‘(3)
In subsection (6)—

(a)
for “section 16 of the Local Government and Rating Act 1997”

substitute “section 61 of the Local Government and Public

Involvement in Health Act 2007”;

(b)
for “section 16 of the Act of 1997” substitute “section 61 of the 2007

Act”.

2A  (1)
Section 10 (power to dissolve parish councils in small parishes) is amended as

follows.

      (2)
In subsection (1) after “district council” in each place insert or “London

borough council”.’.

Mr Phil Woolas

Agreed to  251

Schedule  5,  page  135,  line  20,  at end insert—

  ‘(1A)
In subsection (1)—

(a)
after “district council” in each place insert “or London borough

council”;

(b)
after “same district” insert “or London borough”.’.

Mr Phil Woolas

Agreed to  252

Schedule  5,  page  135,  line  35,  leave out sub-paragraph (4) and insert—

  ‘(3A)
In subsection (4) after “district council” in each place insert “or London

borough council”.

      (4)
In subsection (5) for “section 16 of the Local Government and Rating Act

1997” in each place substitute “section 61 of the Local Government and Public

Involvement in Health Act 2007”.’.

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86

, continued

Mr Phil Woolas

Agreed to  253

Schedule  5,  page  135,  line  37,  at end insert—

‘3A(1)
Section 12 (provision supplementary to sections 9 to 11) is amended as

follows.

      (2)
In subsection (1)—

(a)
after “district councils” in the first place insert “or by a London

borough council”;

(b)
after “district councils” in the second place insert “or the London

borough council”.’.

Mr Phil Woolas

Agreed to  254

Schedule  5,  page  136,  line  15,  at end insert—

‘4A(1)
Section 137 (power of local authorities to incur expenditure for certain

purposes) is amended as follows.

      (2)
In subsection (9) for “means a parish or community council” substitute

“means—

(a)
a parish council which is not an eligible parish council for the

purposes of Part 1 of the Local Government Act 2000, or

(b)
a community council”.’.

Mr Phil Woolas

Agreed to  255

Schedule  5,  page  136,  line  25,  at end insert—

‘5A(1)
Schedule 3 (establishment of new authorities in England) is amended as

follows.

      (2)
In paragraph 10(1), (2) and (3) (parish councillors) for “Part II of the Local

Government and Rating Act 1997” substitute “Part 4 of the Local Government

and Public Involvement in Health Act 2007”.’.

Mr Phil Woolas

Agreed to  256

Schedule  5,  page  136,  line  28,  leave out paragraphs 6 to 10.

Schedule, as amended, Agreed to.

Schedules 6, 9 and 13 Agreed to.

Mr Phil Woolas

Agreed to  257

Schedule  15,  page  167,  line  10,  at end insert—

‘Race Relations Act 1976 (c. 74)
In Schedule 1A, in Part 1, paragraph 33.

Local Government Finance Act
In section 91(3B), the words “(in this section referred

1988 (c. 41)
to as “the reorganisation date”)”.

Food Safety Act 1990 (c. 16)
In section 27(5), the words “pursuant to a structural

change”.’.

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87

, continued

Mr Phil Woolas

Agreed to  258

Schedule  15,  page  168,  line  13,  at end insert—

‘Environment Act 1995 (c. 25)
In section 79(1), in the definition of “public

authority”, the words “or residuary body”.’.

Mr Phil Woolas

Agreed to  147

Schedule  15,  page  170,  line  48,  leave out ‘4’ and insert ‘1’.

Mr Phil Woolas

Agreed to  148

Schedule  15,  page  173,  line  10,  column 2, at end insert—

‘Section 42.’.

Mr Phil Woolas

Agreed to  149

Schedule  15,  page  173,  line  11,  at end insert—

‘In Schedule 1, paragraph 8(2)(d).

Government of Wales Act 1998
In Schedule 16, paragraphs 101 and 102.’.

(c. 38)

Mr Phil Woolas

Agreed to  150

Schedule  15,  page  173,  line  20,  column 2, at end insert—

‘In Schedule 2, paragraph 31(a).’.

Mr Phil Woolas

Agreed to  259

Schedule  15,  page  173,  line  35,  at end insert—

The Commission for Local Administration in England

Short title and chapter
Extent of repeal

Local Government Act 1974 (c. 7)
In section 23—

(a)
in subsection (4), the words from “after

consultation” to the end;

(b)
in subsection (6), the words from “, and shall

in any case vacate office” to the end.

Section 23A(4) and (5).

In Schedule 4, paragraph 4(5).

Local Government and Housing
Section 24(1).

Act 1989 (c. 42)
In Schedule 11, paragraph 37.

Local Government Act 2003
In Schedule 7, paragraph 5(2) and (4).

(c. 26)

Public Service Ombudsman
In Schedule 6—

(Wales) Act 2005 (c. 10)
(a)
paragraph 9(5);

(b)
paragraph 18(11).’.

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88

, continued

Schedule, as amended, Agreed to.

Mr Phil Woolas

Agreed to

That certain written evidence already reported to the House be appended to the proceedings of

the Committee.

Bill, as amended, to be reported.