|
| |
|
(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 |
| |
| |
(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. |
| |
| 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 |
| |
| 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 |
| |
(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 |
| |
(c) | in section 87(1)(ee) (date of casual vacancies), before “79” insert “66A, |
| |
| |
(5) | In section 49(1) of the Audit Commission Act 1998 (c. 18) (restriction on |
| |
|
| |
|
| |
|
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 |
| |
| |
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: |
| |
| 20 |
(1) | The standards committee of a local authority in England which is a |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(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. |
| |
| |
“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 |
| |
|
| |
|
| |
|
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 |
| |
(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” |
| |
| |
(c) | in section 70(7) (terms and conditions of employment) for “and 3” |
| |
| 25 |
162 | Political assistants’ pay |
| |
In section 9 of the Local Government and Housing Act 1989, after subsection |
| |
| |
“(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.” |
| |
|
| |
|
| |
|
| |
| |
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 |
| |
| |
(3) | A local authority is a “local waste authority” in relation to the specified area |
| 10 |
| |
(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 |
| |
(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 |
| |
| 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. |
| |
| |
“specified” means specified in the proposal; |
| 35 |
“waste function” means a function conferred on a local authority by or |
| |
| |
(a) | Part 2 of the Environmental Protection Act 1990 (c. 43) (waste on |
| |
| |
(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— |
| |
| |
|
| |
|
| |
|
| |
(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. |
| |
| |
(1) | A proposal may not be made by any local authorities under section 163 |
| 10 |
| |
(a) | the local authorities prepared a draft of the proposal; and |
| |
(b) | each local authority took reasonable steps to consult the following |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(a) | he receives a request to do so from all the appropriate local authorities; |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
“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 |
| |
| 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; |
| |
|
| |
|