|
| |
| |
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 |
| |
| |
(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 |
| |
| |
| 20 |
Powers of National Assembly for Wales |
| |
184 | Powers of National Assembly for Wales |
| |
Schedule 14 (powers of National Assembly for Wales) has effect. |
| |
| |
| 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. |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
| 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. |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
| 45 |
| |
| |
|
| |
| |
(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 |
| |
(b) | in subsection (2A)(b), after “as the case may be,” insert “by the member |
| |
| |
(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 |
| |
(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 |
| |
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 |
| |
| |
| |
|
| |
| |
respect to the charging of expenditure to a revenue account. |
| |
(1B) | A local authority must have regard to any guidance issued to it |
| |
| |
(3) | In section 24 of that Act (application to Wales) for “National Assembly for |
| |
Wales” substitute “Welsh Ministers”. |
| 5 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(b) | section 38 or 380 of the Greater London Authority Act |
| |
1999 (delegation of functions exercisable by the Mayor |
| |
| 20 |
(c) | paragraph 7 of Schedule 10 to that Act (delegation by |
| |
| |
(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 |
| |
| |
(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— |
| |
| |
| |
(c) | a London borough council; |
| |
(d) | the Greater London Authority acting through the Mayor of |
| 40 |
| |
(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; |
| |
| |
| |
|
| |
| |
(h) | the Council of the Isles of Scilly; |
| |
| |
(j) | a National Park authority; |
| |
(k) | a functional body within the meaning of the Greater London |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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— |
| |
| |
(b) | a county borough 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 |
| |
| |
(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 |
| |
| 45 |
(d) | a local precepting authority as defined in section 69 of the Local |
| |
Government Finance Act 1992. |
| |
(2) | Regulations under subsection (1)— |
| |
| |
| |
|
| |
| |
(a) | may provide for this Part to have effect, in relation to a body |
| |
specified under that subsection, subject to exceptions or |
| |
| |
(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: |
| |
| 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 |
| |
| |
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 |
| |
| |
(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 |
| |
| 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— |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
(9) | Any order or regulations made under this Act may make different provision |
| |
| |
(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 |
| |
The provisions specified in Schedule 15 (which include spent provisions) are |
| |
repealed or revoked to the extent specified there. |
| |
| |
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 |
| |
| |
(b) | amend or revoke subordinate legislation made before the passing of |
| |
| |
| 30 |
(a) | “enactment” includes an Act of the Scottish Parliament and Northern |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
| |
|
