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Local Government and Public Involvement in Health Bill


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

137

 

the entries in Part 7 of Schedule 15 relating to sections 5, 6 and 28 of the

Local Government Act 1999 (c. 27) and section 21 of the Local

Government Act 2000 (c. 22);

section 190 so far as relating to those entries.

(4)   

Subject to subsections (1) to (3), this Act comes into force on such day as the

5

Secretary of State may by order appoint.

(5)   

An order under this section—

(a)   

may appoint different days for different purposes;

(b)   

may include transitional, saving or transitory provision.

(6)   

For the purposes of subsection (1) a council which must cease to operate

10

alternative governance arrangements is a council which is subject to section

33C(2) of the Local Government Act 2000 (inserted by section 42).

195     

Short title

This Act may be cited as the Local Government and Public Involvement in

Health Act 2007.

15

 
 

Local Government and Public Involvement in Health Bill
Schedule 1 — Structural and boundary change: consequential amendments
Part 1 — Amendments of Local Government Act 1992

137

 

Schedules

Schedule 1

Section 22

 

Structural and boundary change: consequential amendments

Part 1

Amendments of Local Government Act 1992

20

1          

The Local Government Act 1992 (c. 19) is amended in accordance with this

Part of this Schedule.

2          

In section 13 (reviews and recommendations), omit the following—

(a)   

subsections (1) and (2);

(b)   

subsection (7)(a).

25

3          

In section 14 (changes that may be recommended), omit the following—

(a)   

in subsection (1)—

(i)   

paragraphs (a) and (b);

(ii)   

in paragraph (c), the words from “whether” to the end of the

paragraph;

30

(iii)   

the words after paragraph (c);

(b)   

subsections (2), (3), (5), (6) and (7).

4          

In section 15 (procedure on a review), omit the following—

(a)   

in subsection (3)(c), the words “or police authority”;

(b)   

in subsection (4)(c), the words “or police authority”;

35

(c)   

subsection (7A)(a).

5          

Omit section 16.

6          

In section 17 (implementation of recommendations by order), omit the

following—

(a)   

subsection (1);

40

(b)   

subsection (2)(a);

(c)   

in subsection (3)—

(i)   

the words “Subject to subsection (3A) below,”;

(ii)   

the words “Electoral Commission or of the”;

(iii)   

paragraphs (a), (b), (c), (ea), (g) and (h);

45

(iv)   

in paragraph (f), the words from the beginning to “district

councillors,” and the words “for any parish situated in the

district”;

(d)   

subsections (3A) and (3B);

(e)   

in subsection (4), the words “or in an agreement under section 20

50

below”;

 

 

Local Government and Public Involvement in Health Bill
Schedule 1 — Structural and boundary change: consequential amendments
Part 2 — Other amendments

138

 

(f)   

subsections (5) and (6).

7          

Omit section 18.

8          

In section 19 (regulations for supplementing orders), omit subsection (2).

9          

Omit sections 20 to 22.

10         

In section 26 (orders, regulations and directions), omit the following—

5

(a)   

in subsection (1)—

(i)   

paragraphs (a) and (b);

(ii)   

in paragraph (c), the words “or relates only to parishes”;

(b)   

subsection (2);

(c)   

in subsection (3), the words “orders or” in the first place where they

10

occur;

(d)   

in subsection (4) the words “order or”;

(e)   

subsection (5);

(f)   

in subsection (6)—

(i)   

the words “the Secretary of State is or”

15

(ii)   

the words “he or”;

(iii)   

the words “he thinks or”.

Part 2

Other amendments

Local Government Act 1972 (c. 70)

20

11    (1)  

The Local Government Act 1972 is amended as follows.

      (2)  

In section 6(2)(a) (electoral divisions of non-metropolitan county), after

“1992” insert “and section 12(4) of the Local Government and Public

Involvement in Health Act 2007”.

      (3)  

In section 12 (supplementary provision about orders to dissolve parish

25

councils etc)—

(a)   

in subsection (2), for the words from “section 20” to the end

substitute “section 16 of the Local Government and Public

Involvement in Health Act 2007 (agreements about incidental

matters) shall apply as if—

30

(a)   

the reference in subsection (1) to an order under

section 7 or 10 of that Act were to an order under

section 10 or 11 of this Act; and

(b)   

the reference in subsection (5)(b) to any order or

regulations under Chapter 1 of Part 1 of that Act were

35

to an order under section 10 or 11 of this Act.”;

(b)   

in subsection (3), for “such order” substitute “order under section 10

or 11 above”.

      (4)  

In Schedule 2 (constitution and membership of London borough councils),

in paragraph 7, in each of sub-paragraphs (1)(b) and (2) after “1992” insert

40

“or Part 1 of the Local Government and Public Involvement in Health Act

2007”.

 

 

Local Government and Public Involvement in Health Bill
Schedule 1 — Structural and boundary change: consequential amendments
Part 2 — Other amendments

139

 

Race Relations Act 1976 (c. 74)

12         

In Schedule 1A to the Race Relations Act 1976 (bodies and other persons

subject to general statutory duty), in Part 1, omit paragraph 33.

Rent Act 1977 (c. 42)

13         

In section 62(1) of the Rent Act 1977 (registration areas), after “1992” insert

5

“or Part 1 of the Local Government and Public Involvement in Health Act

2007 (orders constituting new local government areas etc)”.

Interpretation Act 1978 (c. 30)

14         

In Schedule 1 to the Interpretation Act 1978 (words and expressions

defined), in the definition of “London borough” for “or Part II of the Local

10

Government Act 1992” substitute “, Part 2 of the Local Government Act 1992

or Part 1 of the Local Government and Public Involvement in Health Act

2007”.

Coroners Act 1988 (c. 13)

15         

In section 1 of the Coroners Act 1988 (appointment of coroners)—

15

(a)   

in subsection (1)(b), after “1992” insert “or Part 1 of the Local

Government and Public Involvement in Health Act 2007”;

(b)   

in subsection (1A)(e) for “or section 17 of the Regional Assemblies

(Preparations) Act 2003” substitute “, section 17 of the Regional

Assemblies (Preparations) Act 2003 or Part 1 of the Local

20

Government and Public Involvement in Health Act 2007”.

Local Government Finance Act 1988 (c. 41)

16    (1)  

The Local Government Finance Act 1988 is amended as follows.

      (2)  

In section 74(2A) (levies), for “or section 17 of the Regional Assemblies

(Preparations) Act 2003” substitute “, section 17 of the Regional Assemblies

25

(Preparations) Act 2003 or Part 1 of the Local Government and Public

Involvement in Health Act 2007”.

      (3)  

In section 89 (collection funds)—

(a)   

in subsection (2), for “subsection (2A)” substitute “subsections (2A)

to (2C)”;

30

(b)   

after subsection (2B) insert—

“(2C)   

In the case of—

(a)   

a district council or London borough council

established by an order under Part 1 of the Local

Government and Public Involvement in Health Act

35

2007, or

(b)   

a county council to which the functions of district

councils in relation to the county council’s area are

transferred by or in consequence of such an order,

   

the collection fund must be established on a date specified in

40

the order or in regulations made under section 14 of that

Act.”

 

 

Local Government and Public Involvement in Health Bill
Schedule 1 — Structural and boundary change: consequential amendments
Part 2 — Other amendments

140

 

      (4)  

In section 91 (general funds)—

(a)   

in subsection (1)(aa) for “or section 17 of the Regional Assemblies

(Preparations) Act 2003” substitute “, section 17 of the Regional

Assemblies (Preparations) Act 2003 or Part 1 of the Local

Government and Public Involvement in Health Act 2007”;

5

(b)   

in subsection (3) for “and (3C)” substitute “to (3D)”;

(c)   

in subsection (3B) omit “(in this section referred to as “the

reorganisation date”)”;

(d)   

after subsection (3C) insert—

“(3D)   

In the case of—

10

(a)   

a district council or London borough council

established by an order under Part 1 of the Local

Government and Public Involvement in Health Act

2007, or

(b)   

a county council to which the functions of district

15

councils in relation to the county council’s area are

transferred by or in consequence of such an order,

   

the general fund must be established on a date specified in

the order or in regulations made under section 14 of that

Act.”;

20

(e)   

in subsection (8) for “county council such as is referred to in

subsection (3B)(b) above” substitute “relevant county council”;

(f)   

after subsection (8) insert—

“(9)   

In subsection (8)—

“relevant county council” means—

25

(a)   

a county council such as is referred to in

subsection (3B)(b) above, or

(b)   

an existing county council to which the

functions of district councils in relation to the

county council’s area are transferred by or in

30

consequence of an order under Part 1 of the

Local Government and Public Involvement in

Health Act 2007, and

“the reorganisation date” means the date on which the

council is required by this section to establish its

35

general fund.”

Food Safety Act 1990 (c. 16)

17         

In section 27(5) of the Food Safety Act 1990 (appointment of public analysts),

omit the words “pursuant to a structural change”.

Environment Act 1995 (c. 25)

40

18    (1)  

The Environment Act 1995 is amended as follows.

      (2)  

In section 75(8) (National Parks: powers to make orders), for “Part II of the

Local Government Act 1992” substitute “Part 1 of the Local Government and

Public Involvement in Health Act 2007”.

      (3)  

In section 79(1) (interpretation of Part 3), in the definition of “public

45

authority”—

 

 

Local Government and Public Involvement in Health Bill
Schedule 1 — Structural and boundary change: consequential amendments
Part 2 — Other amendments

141

 

(a)   

omit the words “or residuary body”;

(b)   

after “1992” insert “, any residuary body established under section 17

of the Local Government and Public Involvement in Health Act

2007”.

Police Act 1996 (c. 16)

5

19    (1)  

The Police Act 1996 is amended as follows.

      (2)  

In section 1(2)(a) (police areas), for “or section 17 of the Local Government

Act 1992” substitute “section 17 of the Local Government Act 1992 or Part 1

of the Local Government and Public Involvement in Health Act 2007”.

      (3)  

In section 100(1) (chief constables affected by local government

10

reorganisations etc), for “section 17 of the Local Government Act 1992”

substitute “Part 1 of the Local Government and Public Involvement in

Health Act 2007”.

Freedom of Information Act 2000 (c. 36)

20         

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in

15

paragraph 23 for “section 22 of the Local Government Act 1992” substitute

“section 17 of the Local Government and Public Involvement in Health Act

2007”.

Regional Assemblies (Preparations) Act 2003 (c. 10)

21    (1)  

In the Regional Assemblies (Preparations) Act 2003, after section 27 insert—

20

“27A    

Saving for provisions of Local Government Act 1992 as applied

(1)   

In this section “the relevant time” means the coming into force of the

repeals in the Local Government Act 1992 made by Part 1 of Schedule

1 to the Local Government and Public Involvement in Health Act

2007.

25

(2)   

This Act shall have effect from the relevant time as if those repeals

had not been made.”

      (2)  

The power under section 192 of this Act to amend the Regional Assemblies

(Preparations) Act 2003—

(a)   

is not limited by this paragraph;

30

(b)   

includes power to amend or repeal section 27A of that Act.

Fire and Rescue Services Act 2004 (c. 21)

22    (1)  

The Fire and Rescue Services Act 2004 is amended as follows.

      (2)  

In section 2 (power to create combined fire and rescue authorities), in each

of subsections (9)(c) and (10)(a), for “Part 2 of the Local Government Act 1992

35

(c.19) or section 17 of the Regional Assemblies (Preparations) Act 2003

(c.10)” substitute “section 17 of the Regional Assemblies (Preparations) Act

2003 or Part 1 of the Local Government and Public Involvement in Health

Act 2007”.

      (3)  

In section 4(7)(b) (combined authorities under the Fire Services Act 1947), for

40

“Part 2 of the Local Government Act 1992 (c.19) or section 17 of the Regional

 

 

Local Government and Public Involvement in Health Bill
Schedule 2 — Supplementary vote system: consequential amendments

142

 

Assemblies (Preparations) Act 2003 (c.10)” substitute “section 17 of the

Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local

Government and Public Involvement in Health Act 2007”.

Schedule 2

Section 49

 

Supplementary vote system: consequential amendments

5

1          

Schedule 2 to the Local Government Act 2000 (c. 22) is amended in

accordance with this Schedule.

2          

For the title to the Schedule substitute—

Supplementary vote system”.

3          

For paragraph 1 substitute—

10

“1A   (1)  

This Schedule applies in relation to the election of the elected

mayor of a local authority if there are three more candidates to be

mayor.

      (2)  

The Schedule applies in relation to the election of the elected

executive of a local authority if there are three or more proposed

15

executives.

      (3)  

In this Schedule “participant” means—

(a)   

in relation the election of an elected mayor: a candidate to

be the elected mayor;

(b)   

in relation to the election of an elected executive: a

20

proposed executive.”.

4          

In paragraph 2—

(a)   

for “candidates to be the elected mayor” substitute “participants”;

(b)   

for “candidate” substitute “participant”;

(c)   

after “as the elected mayor” insert “or elected executive”.

25

5     (1)  

Paragraph 3 is amended as follows.

      (2)  

In sub-paragraph (1) for “candidates to be the elected mayor” substitute

“participants”.

      (3)  

In sub-paragraphs (2) to (5) for “candidates” in each place substitute

“participants”.

30

      (4)  

In sub-paragraph (6) for “candidate, to give his” substitute “participant, to

give that participant’s”.

      (5)  

In sub-paragraph (7)—

(a)   

for “person” substitute “participant”;

(b)   

after “as the elected mayor” insert “or elected executive”;

35

(c)   

for “candidates” substitute “participants”.

      (6)  

In sub-paragraph (8)—

(a)   

for “candidates” substitute “participants”;

(b)   

after “as the elected mayor” insert “or elected executive”.

 

 

 
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