|
| |
| |
(b) | the sub-treasurer of the Inner Temple or the under treasurer of the |
| |
Middle Temple in a case where the sub-treasurer or the under treasurer |
| |
would, but for the establishment of the joint waste authority, have one |
| |
or more of the functions that the joint waste authority has. |
| |
167 | Consequential amendments |
| 5 |
(1) | In section 101(13) of the Local Government Act 1972 (arrangements for |
| |
discharge of functions by local authorities), after “police authority” insert “, an |
| |
authority established for an area in England by an order under section 165 of |
| |
the Local Government and Public Involvement in Health Act 2007 (joint waste |
| |
| 10 |
(2) | In section 1(1) of the Local Government Act 1999 (best value authorities), after |
| |
| |
“(ga) | an authority established for an area in England by an order |
| |
under section 165 of the Local Government and Public |
| |
Involvement in Health Act 2007 (joint waste authorities);”. |
| 15 |
(3) | In Schedule 1 to the Freedom of Information Act 2000 (public authorities), after |
| |
| |
“15A | An authority established for an area in England by an order under |
| |
section 165 of the Local Government and Public Involvement in |
| |
Health Act 2007 (joint waste authorities).” |
| 20 |
(4) | In section 24 of the Waste and Emissions Trading Act 2003 (c. 33) (waste sent to |
| |
| |
(a) | in subsection (5), for the words “In this Chapter” substitute “Subject to |
| |
subsection (6), in this Chapter”; |
| |
(b) | after subsection (5) insert— |
| 25 |
“(6) | For the purposes of this Chapter, a joint waste authority for an |
| |
area in England that has the function of disposing of |
| |
biodegradable municipal waste is the waste disposal authority |
| |
| |
(7) | In subsection (6) a “joint waste authority” means an authority |
| 30 |
established by an order under section 165 of the Local |
| |
Government and Public Involvement in Health Act 2007.” |
| |
168 | Joint waste authorities in Wales |
| |
(1) | The Welsh Ministers may by order make provision in relation to Wales |
| |
applying any provisions of sections 163 to 166 with— |
| 35 |
(a) | the substitution for references to the Secretary of State of references to |
| |
| |
(b) | such other modifications as they consider appropriate. |
| |
(2) | An order under this section may include incidental, consequential or |
| |
supplementary provision, including provision amending or modifying— |
| 40 |
| |
(b) | any instrument made under an enactment. |
| |
| |
| |
|
| |
| |
(3) | The reference in subsection (1) to any provisions of sections 163 to 166 includes |
| |
a reference to any provisions of Part 16 so far as relating to any of those |
| |
| |
| |
| 5 |
“joint waste authority” has the meaning given by section 165(2); |
| |
“local authority” has the meaning given by section 163(9). |
| |
| |
The Valuation Tribunal for England |
| |
170 | Establishment of the Tribunal |
| 10 |
(1) | Schedule 12 (which establishes the Valuation Tribunal for England, and makes |
| |
consequential provision) has effect. |
| |
(2) | The existing English tribunals are abolished. |
| |
(3) | In this Part “existing English tribunals” means the valuation tribunals |
| |
established in relation to England by regulations under Schedule 11 to the |
| 15 |
Local Government Finance Act 1988 (c. 41) which are in existence immediately |
| |
before the transfer of jurisdiction takes place. |
| |
(4) | The transfer of jurisdiction is the transfer made by paragraph A2 of Schedule |
| |
11 to the Local Government Finance Act 1988 (as inserted by Schedule 12 to this |
| |
| 20 |
171 | Consequential and transitional provision etc |
| |
(1) | Schedule 13 (consequential amendments relating to the creation of the |
| |
Valuation Tribunal for England) has effect. |
| |
(2) | The Secretary of State may by regulations make provision (including |
| |
transitional, saving or transitory provision)— |
| 25 |
(a) | for the purposes of supplementing or giving full effect to this Part; or |
| |
(b) | in consequence of this Part. |
| |
(3) | The provision that may be made under subsection (2) includes provision— |
| |
(a) | for members of the existing English tribunals to become members of the |
| |
Valuation Tribunal for England; |
| 30 |
(b) | to enable the Valuation Tribunal for England to deal with any appeals |
| |
already made to the existing English tribunals (including provision |
| |
about which members of the Tribunal are to deal with any such appeal); |
| |
(c) | for subordinate legislation made under Schedule 11 to the Local |
| |
Government Finance Act 1988 before its amendment by this Act to be |
| 35 |
treated as if made under that Schedule as amended by this Act; |
| |
(d) | modifying subordinate legislation which is subject to provision under |
| |
| |
(e) | for members of the Valuation Tribunal for England to be appointed |
| |
otherwise than in accordance in Part 4 of the Constitutional Reform Act |
| 40 |
| |
| |
| |
|
| |
| |
(f) | amending or repealing any enactment passed before or in the same |
| |
| |
(g) | amending or revoking subordinate legislation made before the passing |
| |
| |
(4) | Subsection (2) is without prejudice to sections 192 and 194(5)(b). |
| 5 |
| |
Patient and public involvement in health and social care |
| |
Local involvement networks |
| |
172 | Health services and social services: local involvement networks |
| |
(1) | Each local authority must make contractual arrangements for the purpose of |
| 10 |
ensuring that there are means by which the activities specified in subsection (2) |
| |
for the local authority’s area can be carried on in the area. |
| |
(2) | The activities for a local authority’s area are— |
| |
(a) | promoting, and supporting, the involvement of people in the |
| |
commissioning, provision and scrutiny of local care services; |
| 15 |
(b) | obtaining the views of people about their needs for, and their |
| |
experiences of, local care services; and |
| |
| |
(i) | views such as are mentioned in paragraph (b) known, and |
| |
(ii) | reports and recommendations about how local care services |
| 20 |
| |
| to persons responsible for commissioning, providing, managing or |
| |
scrutinising local care services. |
| |
(3) | The Secretary of State may by regulations amend this section for the purpose |
| |
of adding to, varying or omitting any of the activities for the time being |
| 25 |
specified in subsection (2). |
| |
(4) | Before making regulations under this section, the Secretary of State must |
| |
consult such persons as the Secretary of State considers appropriate. |
| |
| |
| 30 |
(a) | services provided as part of the health service in England; or |
| |
(b) | services provided as part of the social services functions of a |
| |
| |
“local care services”, in relation to a local authority, means— |
| |
(a) | care services provided in the authority’s area; and |
| 35 |
(b) | care services provided, in any place, for people from the area; |
| |
“the health service” has the same meaning as in the National Health |
| |
Service Act 2006 (c. 41); |
| |
“social services functions”, in relation to a local authority, has the same |
| |
meaning as in the Local Authority Social Services Act 1970 (c. 42). |
| 40 |
| |
| |
|
| |
| |
173 | Arrangements under section 172(1) |
| |
(1) | This section applies in relation to any particular arrangements made under |
| |
section 172(1) by a local authority (“A”). |
| |
(2) | In this section, a reference to a “local involvement network” is to— |
| |
(a) | a person who, in pursuance of the arrangements, is to carry on in A’s |
| 5 |
area activities specified in section 172(2) for that area; or |
| |
(b) | any other means put in place under the arrangements for the carrying- |
| |
on in A’s area of activities so specified for that area. |
| |
(3) | The arrangements must be made with a person (“H”) who is not a local |
| |
| 10 |
(4) | The arrangements must secure the result that none of the following will be a |
| |
local involvement network— |
| |
| |
| |
(c) | any other local authority; |
| 15 |
(d) | a National Health Service trust; |
| |
(e) | an NHS foundation trust; |
| |
(f) | a Primary Care Trust; |
| |
(g) | a Strategic Health Authority. |
| |
(5) | The arrangements may provide for the making of payments by A. |
| 20 |
(6) | The arrangements must include the required provision about annual reports |
| |
| |
174 | Duties of services-providers to respond to local involvement networks |
| |
(1) | The Secretary of State may by regulations impose, on a services-provider, |
| |
| 25 |
(a) | as respects responding to requests for information made to the services- |
| |
provider by a local involvement network; |
| |
(b) | as respects dealing with reports or recommendations made to the |
| |
services-provider by a local involvement network; or |
| |
(c) | as respects dealing with reports or recommendations which, in |
| 30 |
accordance with any requirement imposed in regulations under |
| |
paragraph (b), have been referred to the services-provider by another |
| |
| |
(2) | In subsection (1) “services-provider” means— |
| |
(a) | a National Health Service trust; |
| 35 |
(b) | an NHS foundation trust; |
| |
(c) | a Primary Care Trust; |
| |
(d) | a local authority; or |
| |
(e) | a person prescribed by regulations made by the Secretary of State. |
| |
(3) | For the purposes of subsection (1), something is done by a local involvement |
| 40 |
network if it is done in the carrying-on, under arrangements made under |
| |
section 172(1), of activities specified in section 172(2). |
| |
(4) | Before making regulations under this section, the Secretary of State must |
| |
consult such persons as the Secretary of State considers appropriate. |
| |
| |
| |
|
