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Local Government and Public Involvement in Health Bill


Local Government and Public Involvement in Health Bill
Part 15 — Miscellaneous

130

 

Care Trusts), after section 24 insert—

“24A    

Report on consultation

(1)   

Each Primary Care Trust must, at such times as the Secretary of State

may direct, prepare a report—

(a)   

on the consultation it has carried out, or proposes to carry out,

5

before making commissioning decisions, and

(b)   

on the influence that the results of consultation have on its

commissioning decisions.

(2)   

In subsection (1) “commissioning decisions”, in relation to a Primary

Care Trust, means (subject to any directions under subsection (3)(e))

10

decisions as to the carrying out of its functions under Parts 4 to 7.

(3)   

The Secretary of State may give directions as to—

(a)   

the periods to be covered by reports under this section;

(b)   

the matters to be dealt with by reports under this section;

(c)   

the form and content of reports under this section;

15

(d)   

the publication of reports under this section;

(e)   

decisions that are to be treated as being, or that are to be treated

as not being, commissioning decisions for the purposes of

subsection (1).”

Part 14

20

Powers of National Assembly for Wales

184     

Powers of National Assembly for Wales

Schedule 14 (powers of National Assembly for Wales) has effect.

Part 15

Miscellaneous

25

Exercise of functions by members of local authorities in England

185     

Exercise of functions by local councillors in England

(1)   

Arrangements may be made in accordance with this section for the discharge

of any function of a local authority by any member of a local authority, to the

extent that the function is exercisable in relation to the electoral division or

30

ward for which the member is elected.

(2)   

In the case of a function of a local authority operating executive arrangements

which is the responsibility of the executive—

(a)   

it is for the senior executive member to make the arrangements; and

(b)   

arrangements under this section may not permit the discharge of the

35

function by a member of the executive if it may be discharged by him

by virtue of arrangements under section 14(2)(b)(ii) of the Local

Government Act 2000 (c. 22) (discharge of functions: general).

(3)   

In any other case it is for the local authority to make the arrangements.

 
 

Local Government and Public Involvement in Health Bill
Part 15 — Miscellaneous

131

 

(4)   

No arrangements may be made under this section for the discharge by a

member of a local authority of any function—

(a)   

which is, or to the extent that it is, specified in an order made by the

Secretary of State; or

(b)   

in any manner or in circumstances so specified.

5

(5)   

Any arrangements made under this section with respect to the discharge of any

function are not to prevent its discharge—

(a)   

by the person who made the arrangements; or

(b)   

in any other way in which the function is permitted to be discharged by

or under any enactment.

10

(6)   

In this section, “local authority” means—

(a)   

the council of a county in England;

(b)   

a district council; or

(c)   

a London borough council.

(7)   

In this section—

15

“executive” and “executive arrangements” have the same meanings as in

Part 2 of the Local Government Act 2000 (c. 22) (arrangements with

respect to executives etc);

“senior executive member” has the same meaning as in section 14 of that

Act;

20

   

and any reference to a function which is the responsibility of the executive of a

local authority is to be construed in accordance with section 13(8) of that Act

(functions which are the responsibility of an executive).

(8)   

Any reference in this section to the discharge of any function includes a

reference to the doing of anything which is calculated to facilitate, or is

25

conducive or incidental to, the discharge of that function.

(9)   

In section 13(9)(b) of the Local Government Act 2000, after “Part” insert “or

section 185 of the Local Government and Public Involvement in Health Act

2007 (exercise of functions by local councillors in England)”.

186     

Exercise of functions under section 185: records

30

(1)   

After section 100E of the Local Government Act 1972 (c. 70) insert—

“100EA  

Inspection of records relating to functions exercisable by members

(1)   

The Secretary of State may by regulations make provision for written

records of decisions made or action taken by a member of a local

authority, in exercise of a function of the authority by virtue of

35

arrangements made under section 185 of the Local Government and

Public Involvement in Health Act 2007, to be made and provided to the

authority by the member.

(2)   

Any written record provided to the authority under regulations under

subsection (1) shall be open to inspection by members of the public at

40

the offices of the authority for the period of six years beginning with the

date on which the decision was made or action was taken.

(3)   

A statutory instrument containing regulations under subsection (1)

shall be subject to annulment in pursuance of a resolution of either

House of Parliament.”

45

 
 

Local Government and Public Involvement in Health Bill
Part 15 — Miscellaneous

132

 

(2)   

In section 100H of that Act (supplemental provisions and offences), in

subsection (4), for “or 100C(1)” substitute “, 100C(1) or 100EA(2)”.

(3)   

In section 41 of the Local Government (Miscellaneous Provisions) Act 1976

(c. 57) (evidence of resolutions and minutes of proceedings etc)—

(a)   

in subsection (2A)(a), after “that authority,” insert “or a member of that

5

executive”;

(b)   

in subsection (2A)(b), after “as the case may be,” insert “by the member

of that executive or”;

(c)   

after subsection (2A) insert—

“(2B)   

Subsection (2C) applies to a record if—

10

(a)   

it records a decision made or action taken by a member

of a local authority or of a precursor of a local authority

in exercise of a function of the authority or precursor by

virtue of arrangements made under section 185 of the

Local Government and Public Involvement in Health

15

Act 2007, and

(b)   

it is required to be made by regulations under section

100EA of the Local Government Act 1972.

(2C)   

If a document which purports to be a copy of a record to which

this subsection applies bears a certificate—

20

(a)   

purporting to be signed by—

(i)   

the proper officer of the local authority, or

(ii)   

a person authorised in that behalf by that officer

or by the local authority, and

(b)   

stating that the decision was made or the action was

25

taken by the member of the local authority on the date

specified in the certificate,

   

the document shall be evidence in any proceedings of the

matters stated in the certificate and of the terms of the decision,

or nature of the action, in question.”

30

Accounting

187     

Amendments relating to capital finance and accounting practices

(1)   

In section 74(6) of the Housing Act 1988 (c. 50) (transfer of land and other

property to housing action trusts)—

(a)   

in subsection (a), for the words from “expenditure” to “local

35

authorities)” substitute “capital expenditure for the purposes of

Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)”;

(b)   

in subsection (b), for the words from “that Part” to the end substitute

“section 9(1) of that Act as sums received by the authority in respect of

the disposal by it of an interest in a capital asset.”

40

(2)   

In section 21 of the Local Government Act 2003 (c. 26) (accounting practices),

after subsection (1) insert—

“(1A)   

The Secretary of State may issue guidance about the accounting

practices to be followed by a local authority, in particular with

 
 

Local Government and Public Involvement in Health Bill
Part 15 — Miscellaneous

133

 

respect to the charging of expenditure to a revenue account.

(1B)   

A local authority must have regard to any guidance issued to it

under subsection (1A).”

(3)   

In section 24 of that Act (application to Wales) for “National Assembly for

Wales” substitute “Welsh Ministers”.

5

Contracting out

188     

Contracting out

(1)   

In section 70 of the Deregulation and Contracting Out Act 1994 (c. 40)

(contracting out of functions of local authorities)—

(a)   

in subsection (1)(b), for the words from “or section 38” to “local

10

authorities)” substitute “or an enactment mentioned in subsection

(1ZA) below”;

(b)   

after subsection (1) insert—

“(1ZA)   

The enactments referred to in subsection (1)(b) above are—

(a)   

paragraph 7 of Schedule 2 to the Regional Development

15

Agencies Act 1998 (delegation of functions by London

Development Agency etc);

(b)   

section 38 or 380 of the Greater London Authority Act

1999 (delegation of functions exercisable by the Mayor

of London);

20

(c)   

paragraph 7 of Schedule 10 to that Act (delegation by

Transport for London).

(1ZB)   

In its application in relation to a local authority which is a fire

and rescue authority constituted by a scheme under section 2 of

the Fire and Rescue Services Act 2004 or a scheme to which

25

section 4 of that Act applies, subsection (1) above has effect as if

paragraph (b) were omitted.”

(2)   

In section 79(1) of that Act (interpretation of Part 2), in the definition of “local

authority”—

(a)   

in paragraph (a), for the words from “means” to the end substitute “has

30

the meaning given by section 79A;”;

(b)   

in paragraph (b), for the words from “means” to the end substitute “has

the meaning given by section 79B;”.

(3)   

After section 79 of that Act insert—

“79A    

“Local authority”: England

35

In this Part, “local authority” in relation to England means—

(a)   

a county council;

(b)   

a district council;

(c)   

a London borough council;

(d)   

the Greater London Authority acting through the Mayor of

40

London;

(e)   

the Common Council of the City of London;

(f)   

the sub-treasurer of the Inner Temple;

(g)   

the under treasurer of the Middle Temple;

 
 

Local Government and Public Involvement in Health Bill
Part 15 — Miscellaneous

134

 

(h)   

the Council of the Isles of Scilly;

(i)   

a parish council;

(j)   

a National Park authority;

(k)   

a functional body within the meaning of the Greater London

Authority Act 1999;

5

(l)   

an authority established under section 10 of the Local

Government Act 1985 (waste disposal authorities);

(m)   

a joint authority established by Part 4 of that Act (fire and rescue

services and transport);

(n)   

a fire and rescue authority constituted by a scheme under

10

section 2 of the Fire and Rescue Services Act 2004 or a scheme to

which section 4 of that Act applies;

(o)   

a police authority established under section 3 of the Police Act

1996;

(p)   

an authority established by an order under section 165 of the

15

Local Government and Public Involvement in Health Act 2007

(joint waste authorities);

(q)   

any body specified for the purposes of this paragraph by

regulations under section 79C.

79B     

“Local authority”: Wales

20

In this Part, “local authority” in relation to Wales means—

(a)   

a county council;

(b)   

a county borough council;

(c)   

a community council;

(d)   

a National Park authority;

25

(e)   

a joint planning board constituted for an area in Wales outside

a National Park by an order under section 2(1B) of the Town

and Country Planning Act 1990;

(f)   

a fire and rescue authority constituted by a scheme under

section 2 of the Fire and Rescue Services Act 2004 or a scheme to

30

which section 4 of that Act applies;

(g)   

a police authority established under section 3 of the Police Act

1996;

(h)   

any body specified for the purposes of this paragraph by

regulations under section 79C.

35

79C     

Regulations for the purposes of section 79A and 79B

(1)   

The Secretary of State may by regulations made by statutory

instrument specify for the purposes of section 79A(q) or 79B(h) any

body which is (or any class of bodies each of which is)-

(a)   

a levying body, within the meaning of section 74 of the Local

40

Government Finance Act 1988;

(b)   

a body to which section 75 of that Act applies (bodies with

power to issue special levies);

(c)   

a body to which section 118 of that Act applies (other bodies

with levying powers);

45

(d)   

a local precepting authority as defined in section 69 of the Local

Government Finance Act 1992.

(2)   

Regulations under subsection (1)—

 
 

Local Government and Public Involvement in Health Bill
Part 16 — Final provisions

135

 

(a)   

may provide for this Part to have effect, in relation to a body

specified under that subsection, subject to exceptions or

modifications;

(b)   

may contain transitional provisions and savings.

(3)   

Any such regulations shall be subject to annulment in pursuance of a

5

resolution of either House of Parliament.”

(4)   

In Schedule 8 to the Environment Act 1995 (c. 25), omit paragraph 13

(application of contracting out to National Park authorities).

(5)   

In section 18 of the Local Government Act 1999 (c. 27) (best value authorities:

contracting out)—

10

(a)   

in subsection (1) after “any” insert “relevant”;

(b)   

after subsection (2) insert—

“(3)   

In this section “relevant best value authority” means a best

value authority which is not a local authority for the purposes

of section 70 of the Deregulation and Contracting Out Act 1994.”

15

Part 16

Final provisions

189     

Orders, regulations and guidance

(1)   

Any order or regulations made by the Secretary of State under this Act must be

made by statutory instrument.

20

(2)   

Any order made by the Welsh Ministers under section 168 or 194 must be made

by statutory instrument.

(3)   

An order under section 168, other than an order to which subsection (4)

applies, is subject to annulment in pursuance of a resolution of the National

Assembly for Wales.

25

(4)   

An order under section 168 which includes provision amending an enactment

may not be made unless a draft of the order has been laid before and approved

by a resolution of the National Assembly for Wales.

(5)   

A statutory instrument containing—

an order under section 7, 10, 20, 29 or 32 or paragraph 3 or 8 of Schedule 4,

30

regulations under section 172, 174(2)(e) or 175,

an order under section 17, 165 or 192 which includes provision—

(a)   

amending or repealing an enactment, or

(b)   

amending or revoking subordinate legislation of which a draft

was required to be laid before and approved by a resolution of

35

each House of Parliament, or

regulations under section 14 or 171 which include such provision,

   

may not be made unless a draft of the instrument has been laid before and

approved by a resolution of each House of Parliament.

(6)   

Any other statutory instrument under this Act, except one containing only an

40

order under section 194, is subject to annulment in pursuance of a resolution of

either House of Parliament.

(7)   

In relation to an order under section 192

 
 

Local Government and Public Involvement in Health Bill
Part 16 — Final provisions

136

 

(a)   

the reference in subsection (5) above to an enactment includes an Act of

the Scottish Parliament or Northern Ireland legislation; and

(b)   

the reference in that subsection to subordinate legislation of which a

draft was required to be laid before and approved by a resolution of

each House of Parliament includes an instrument of which a draft was

5

required to be laid before and approved by a resolution of the Scottish

Parliament.

(8)   

If, but for this subsection, an instrument containing an order under section 7 or

10 would be treated for the purposes of the standing orders of either House of

Parliament as a hybrid instrument, it shall proceed in that House as if it were

10

not a hybrid instrument.

(9)   

Any order or regulations made under this Act may make different provision

for different cases.

(10)   

Any guidance issued under Chapter 1 of Part 1, Chapter 1 of Part 5 or section

163 may make different provision for different cases.

15

190     

Repeals

The provisions specified in Schedule 15 (which include spent provisions) are

repealed or revoked to the extent specified there.

191     

Financial provisions

There shall be paid out of money provided by Parliament—

20

(a)   

any expenditure incurred by the Secretary of State under this Act; and

(b)   

any increase attributable to this Act in sums payable out of money

provided by Parliament under another enactment.

192     

Power to make further amendments and repeals

(1)   

The Secretary of State may by order—

25

(a)   

amend or repeal any enactment passed before or in the same session as

this Act;

(b)   

amend or revoke subordinate legislation made before the passing of

this Act.

(2)   

In subsection (1)—

30

(a)   

“enactment” includes an Act of the Scottish Parliament and Northern

Ireland legislation;

(b)   

the reference to subordinate legislation includes an instrument made

under such an Act or under Northern Ireland legislation.

(3)   

An order under subsection (1) may be made only for the purposes of—

35

(a)   

supplementing or giving full effect to this Act; or

(b)   

making provision consequential on the passing of this Act.

193     

Extent

(1)   

Subject to subsections (2) and (3), this Act extends to England and Wales only.

(2)   

Sections 192, 194 and 195 and this section extend also to Scotland and Northern

40

Ireland.

 
 

 
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