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Local Government and Public Involvement in Health Bill


Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members

112

 

(b)   

for paragraph (b) substitute—

“(b)   

the reference in subsection (4)(a) to the relevant

authority concerned is to be treated as a reference to that

other relevant authority,”.

(10)   

After subsection (15) insert—

5

“(16)   

An appeal may not be brought under subsection (15) except with the

leave of the High Court.”

158     

Exemption from Data Protection Act 1998

In section 31 of the Data Protection Act 1998 (c. 29) (exemptions for regulatory

activity), after subsection (6) insert—

10

“(7)   

Personal data processed for the purpose of discharging any function

which is conferred by or under Part 3 of the Local Government Act 2000

on—

(a)   

the monitoring officer of a relevant authority,

(b)   

an ethical standards officer, or

15

(c)   

the Public Services Ombudsman for Wales,

   

are exempt from the subject information provisions in any case to the

extent to which the application of those provisions to the data would be

likely to prejudice the proper discharge of that function.

(8)   

In subsection (7)—

20

(a)   

“relevant authority” has the meaning given by section 49(6) of

the Local Government Act 2000, and

(b)   

any reference to the monitoring officer of a relevant authority,

or to an ethical standards officer, has the same meaning as in

Part 3 of that Act.”

25

159     

Supplementary and consequential provision

(1)   

Subsection (2) applies in relation to any provision of Part 3 of the Local

Government Act 2000 (c. 22) which is applied (with or without modifications)

by an order under section 70 of that Act made before the passing of this Act.

(2)   

Any amendment of that provision by this Part does not extend to the provision

30

as so applied.

(3)   

Where a provision mentioned in section 70(2)(a) of that Act is amended by this

Part, the power in section 70(2) of that Act to apply or reproduce that provision

(with or without modifications) is a power to apply or reproduce (with or

without modifications) that provision either as amended by this Part or

35

without the amendments made by this Part.

(4)   

In the Local Government Act 1972 (c. 70)—

(a)   

in section 85(3A) (vacation of office by failure to attend), for “73, 78”

substitute “66A, 73, 78, 78A”;

(b)   

in section 86(1)(b) (declaration of vacancy in office), before “79” insert

40

“66A, 78A or”;

(c)   

in section 87(1)(ee) (date of casual vacancies), before “79” insert “66A,

78A or”.

(5)   

In section 49(1) of the Audit Commission Act 1998 (c. 18) (restriction on

 
 

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 2 — Employees

113

 

disclosure of information), after paragraph (de) insert—

“(df)   

for the purposes of the functions of a monitoring officer under

that Part or regulations made under that Part;”.

(6)   

In the Greater London Authority Act 1999 (c. 29), in each of sections 6(5) and

13(2) (failure to attend meetings), for “73, 78” substitute “66A, 73, 78, 78A”.

5

Chapter 2

Employees

160     

Politically restricted posts: grant and supervision of exemptions

(1)   

In section 3 of the Local Government and Housing Act 1989 (c. 42) (grant and

supervision of exemptions from political restriction of posts)—

10

(a)   

at the end of the sidenote, insert “: Scotland and Wales”;

(b)   

in subsection (1) for the words “It shall be the duty of the Secretary of

State to appoint a person” substitute “It shall be the duty of the Scottish

Ministers to appoint in relation to Scotland, and the duty of the Welsh

Ministers to appoint in relation to Wales, a person”;

15

(c)   

omit subsection (8)(a);

(d)   

in subsection (8)(b), for “that subsection” substitute “subsection (1)”.

(2)   

After that section insert—

“3A     

Grant and supervision of exemptions from political restriction:

England

20

(1)   

The standards committee of a local authority in England which is a

relevant authority—

(a)   

must consider any application for exemption from political

restriction which is made to the committee, in respect of any

post under the relevant authority, by the holder for the time

25

being of that post; and

(b)   

may, on the application of any person or otherwise, give

directions to the relevant authority requiring it to include a post

in the list maintained by the authority under section 2(2).

(2)   

An application may not be made under subsection (1)(a) unless—

30

(a)   

the relevant authority have specified or are proposing to specify

the post in the list maintained by them under section 2(2); and

(b)   

in the case of a post within section 2(2)(a) or (b), the relevant

authority have certified whether or not, in their opinion, the

duties of the post fall within section 2(3);

35

   

and the relevant authority must give a certificate for the purposes of

paragraph (b) above in relation to any post if requested to do so by the

holder of that post.

(3)   

If, on an application under subsection (1)(a) in respect of any post, the

standards committee is satisfied that the duties of the post do not fall

40

within section 2(3), the committee must direct—

(a)   

that, for so long as the direction has effect in accordance with its

terms, the post is not to be regarded as a politically restricted

post; and

 
 

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 2 — Employees

114

 

(b)   

that accordingly the post is not to be specified in the list

maintained by the relevant authority under section 2(2) or (as

the case may be) is to be removed from that list.

(4)   

A standards committee may not give a direction under subsection

(1)(b) in respect of any post unless the committee is satisfied that—

5

(a)   

the duties of the post fall within section 2(3); and

(b)   

the post is neither—

(i)   

in any list maintained by the relevant authority in

accordance with section 2(2) above or section 100G(2) of

the Local Government Act 1972; nor

10

(ii)   

of a description specified in any regulations under

section 2(2) above.

(5)   

A standards committee must when determining for the purposes of

subsection (3) or (4) whether or not the duties of a post fall within

section 2(3) have regard to any general advice given by the Secretary of

15

State under section 3B.

(6)   

Every local authority in England which is a relevant authority must—

(a)   

give its standards committee all such information as the

committee may reasonably require for the purpose of carrying

out its functions under this section;

20

(b)   

comply with any direction under this section with respect to the

list maintained by the authority; and

(c)   

on being given a direction under subsection (1)(b), notify the

terms of the direction to the person who holds the post to which

the direction relates.

25

(7)   

In carrying out its functions under this section a standards committee

must give priority, according to the time available before the election,

to any application under subsection (1)(a) from a person who certifies

that the application is made for the purpose of enabling him to be a

candidate in a forthcoming election.

30

(8)   

The Secretary of State may make regulations requiring a local authority

in England which is not a relevant authority to establish a committee to

exercise the functions conferred by this section on the standards

committee of a local authority in England which is a relevant authority.

(9)   

Regulations under subsection (7) may include provision—

35

(a)   

applying any provisions of this section (with or without

modification) where a committee has been established under

the regulations;

(b)   

applying (with or without modification) any provision of

section 53 of the Local Government Act 2000 or regulations

40

made under subsection (6) of that section.

(10)   

In this section—

“standards committee” means a committee established under

section 53(1) of the Local Government Act 2000;

“relevant authority” has the meaning given by section 49(6) of that

45

Act.

 
 

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 2 — Employees

115

 

3B      

General advice as to politically restricted posts: England

(1)   

The Secretary of State may in relation to England give such general

advice with respect to the determination of questions arising by virtue

of section 2(3) as he considers appropriate.

(2)   

Before giving general advice under this section the Secretary of State

5

must consult such representatives of local government and such

organisations appearing to him to represent employees in local

government as he considers appropriate.”

161     

Politically restricted posts: consequential amendments

(1)   

In section 2 of the Local Government and Housing Act 1989 (c. 42) (politically

10

restricted posts)—

(a)   

in subsections (1)(g) and (2) after “section 3” insert “or 3A”;

(b)   

in subsection (5) after “local authority” insert “in Scotland and Wales”;

(c)   

after subsection (5) insert—

“(5A)   

It shall be the duty of every local authority in England in

15

performing their duties under this section to have regard to

such general advice as may be given by virtue of section 3B

below by the Secretary of State.”

(2)   

In the Greater London Authority Act 1999 (c. 29) —

(a)   

in section 61(2)(a) (power to require attendance at Assembly meetings)

20

for “to 3” substitute “, 2 and 3A”;

(b)   

in section 68(1)(b) (disqualification and political restriction) for “and 3”

substitute “and 3A”;

(c)   

in section 70(7) (terms and conditions of employment) for “and 3”

substitute “and 3A”.

25

162     

Political assistants’ pay

In section 9 of the Local Government and Housing Act 1989, after subsection

(4) insert—

“(4A)   

An order made under subsection (4)(a) above in relation to England or

Wales may, instead of specifying an amount, specify a point on a

30

relevant scale specified by the order.

(4B)   

A “relevant scale” is a scale consisting of points and of amounts

corresponding to those points.

(4C)   

In relation to any time while an order made by virtue of subsection (4A)

above is in force, the amount that at that time corresponds to the point

35

specified by the order is to be treated for the purposes of subsection

(4)(a) above as specified by the order.”

 
 

Local Government and Public Involvement in Health Bill
Part 11 — Joint Waste Authorities

116

 

Part 11

Joint Waste Authorities

163     

Proposals for joint waste authorities in England

(1)   

A proposal under this section is a proposal to the Secretary of State that an

authority be established for a specified area in England to discharge in that area

5

the waste functions specified in the proposal.

(2)   

A proposal under this section may be made by (and only by) all the local

authorities that are local waste authorities in relation to the area specified in the

proposal.

(3)   

A local authority is a “local waste authority” in relation to the specified area

10

if—

(a)   

its area forms the whole or part of the specified area; and

(b)   

it currently has one or more of the specified waste functions.

(4)   

A proposal under this section may not be made if there is a local authority for

the whole of the specified area which currently has all of the specified waste

15

functions.

(5)   

The Secretary of State may by regulations make provision as to—

(a)   

matters to be included in a proposal under this section;

(b)   

information that must accompany a proposal.

(6)   

Regulations under subsection (5)(a) may in particular provide that a proposal

20

under this section must include proposals—

(a)   

as to the number of members of the proposed authority (as to

membership, see section 166);

(b)   

as to the number of members to be appointed by each local authority

making the proposal;

25

(c)   

as to the procedure for appointing a chairman and a vice-chairman;

(d)   

for the costs of the proposed authority to be met by the local authorities

making the proposal, and as to the basis on which the amount payable

by each of the local authorities is to be determined.

(7)   

In making a proposal under this section the local authorities must have regard

30

to any guidance from the Secretary of State as to—

(a)   

what a proposal should seek to achieve;

(b)   

matters that should be taken into account in formulating a proposal.

(8)   

In this section—

“specified” means specified in the proposal;

35

“waste function” means a function conferred on a local authority by or

under—

(a)   

Part 2 of the Environmental Protection Act 1990 (c. 43) (waste on

land);

(b)   

Part 4 of that Act (litter etc);

40

(c)   

section 32 of the Waste and Emissions Trading Act 2003 (c. 33)

(joint municipal waste management strategies: England).

(9)   

In this Part “local authority” means—

(a)   

a county council;

 
 

Local Government and Public Involvement in Health Bill
Part 11 — Joint Waste Authorities

117

 

(b)   

a district council;

(c)   

a London borough council;

(d)   

the Common Council of the City of London;

(e)   

the sub-treasurer of the Inner Temple;

(f)   

the under treasurer of the Middle Temple;

5

(g)   

an authority established under section 10 of the Local Government Act

1985 (c. 51) (joint arrangements for waste disposal functions); or

(h)   

a joint waste authority established under section 165.

164     

Consultation

(1)   

A proposal may not be made by any local authorities under section 163

10

unless—

(a)   

the local authorities prepared a draft of the proposal; and

(b)   

each local authority took reasonable steps to consult the following

about the draft—

(i)   

the relevant electors;

15

(ii)   

any interested person in the authority’s area.

(2)   

A person is a “relevant elector”—

(a)   

in relation to a county council, district council or London borough

council, if he is a local government elector for the council’s area;

(b)   

in relation to the Common Council of the City of London, if his name

20

appears in a ward list published under section 7 of the City of London

(Various Powers) Act 1957 (5 & 6 Eliz 2 c x);

(c)   

in relation to the sub-treasurer of the Inner Temple or the under

treasurer of the Middle Temple, if his name appears in the ward list

published with respect to the ward of Farrington Without in the City

25

under section 7 of the City of London (Various Powers) Act 1957;

(d)   

in relation to an authority established under section 10 of the Local

Government Act 1985 (joint arrangements for waste disposal

functions), if he is a relevant elector in relation to any local authority

whose area forms part of the area for which the authority was

30

established;

(e)   

in relation to a joint waste authority established under section 165, if he

is a relevant elector in relation to any local authority whose area forms

the whole or part of the area for which the joint waste authority was

established.

35

(3)   

In this section, “local government elector” means a person registered as a local

government elector in the register of electors in accordance with the provisions

of the Representation of the People Acts.

165     

Implementation of proposals by order

(1)   

Where the Secretary of State receives a proposal under section 163 he may by

40

order implement the proposal with or without modifications.

(2)   

An authority established by an order under subsection (1) is referred to in this

Part as a “joint waste authority”.

(3)   

An order under subsection (1) may make provision enabling the Secretary of

State to require the authority established by the order to submit to him a

45

scheme for—

 
 

Local Government and Public Involvement in Health Bill
Part 11 — Joint Waste Authorities

118

 

(a)   

the winding-up of the authority; and

(b)   

the transfer of its functions, property, staff, rights and liabilities to

appropriate local authorities.

(4)   

The Secretary of State may by order provide for giving effect (with or without

modification) to any scheme submitted to him under a provision made by

5

virtue of subsection (3) and for the dissolution of the authority.

(5)   

The Secretary of State may exercise his powers under subsection (4) only

where—

(a)   

he receives a request to do so from all the appropriate local authorities;

or

10

(b)   

he considers that it is necessary to do so.

(6)   

The Secretary of State may by order exclude any functions from those for

which a joint waste authority was established.

(7)   

An order under this section may include incidental, consequential, transitional

or supplementary provision.

15

(8)   

The provision that may be made by virtue of subsection (7) includes in

particular provision—

(a)   

for the transfer of property, rights or liabilities;

(b)   

for legal proceedings commenced by or against any authority to be

continued by or against an authority to whom property, rights or

20

liabilities are transferred;

(c)   

for the transfer of staff, compensation for loss of office, pensions and

other staffing matters;

(d)   

for treating any authority to whom a transfer is made for any purposes

as the same person in law as the authority from whom the transfer is

25

made.

(9)   

The provision that may be made by virtue of subsection (7) includes provision

amending, modifying, excluding or applying (with or without modifications)

any enactment or any instrument made under any enactment.

(10)   

The power of the Secretary of State under subsection (1) to implement a

30

proposal with modifications does not include power to—

(a)   

establish a joint waste authority for an area that is different from the

area specified in the proposal; or

(b)   

establish a joint waste authority to discharge waste functions that are

not specified in the proposal.

35

(11)   

In this section—

“appropriate local authority”, in relation to a joint waste authority, means

a local authority which would, but for the establishment of the joint

waste authority, have one or more of the functions that the joint waste

authority has;

40

“waste function” has the same meaning as in section 163.

166     

Membership of joint waste authorities

A person may be a member of a joint waste authority only if he is—

(a)   

a member of a local authority which would, but for the establishment

of the joint waste authority, have one or more of the functions that the

45

joint waste authority has;

 
 

 
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