Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 16 — Final provisions
137

(3)
The extent of any amendment, repeal or revocation made by section 39, 160(1),
161 or 167 or by Schedule 1, 7, 8, 9, 13 or 14 or Part 1, 7, 8, 14 or 16 of Schedule
15 is the same as that of the provision amended, repealed or revoked.
194
Commencement
(1)
The following provisions come into force on the day on which this Act is
5
passed—
in Part 2, sections 31 to 36 so far as they relate to metropolitan district
councils;
Part 3 so far as relating to—
(a)
metropolitan district councils which operate a leader and
10
cabinet executive; and
(b)
councils which must cease to operate alternative governance
arrangements;
this section and sections 189, 191, 193 and 195.
(2)
The following provisions come into force at the end of two months beginning
15
with the day on which this Act is passed—
Part 2 so far as not brought into force by subsection (1);
Part 3 so far as not brought into force by subsection (1);
Chapter 1 of Part 5 except section 91;
sections 111, 112 and 113, the entry in Part 7 of Schedule 15 relating to
20
section 29(3) of the Local Government Act 1999 (c. 27), and section 190
so far as relating to that entry;
section 184 and Schedule 14.
(3)
The following provisions, except so far as they relate to a police authority for a
police area in Wales, come into force in relation to Wales on such day as the
25
Welsh Ministers may by order appoint—
sections 107, 110 and 168;
the entries in Part 7 of Schedule 15 relating to sections 5, 6 and 28 of the
Local Government Act 1999 and section 21 of the Local Government
Act 2000 (c. 22);
30
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
Secretary of State may by order appoint.
(5)
An order under this section—
(a)
may appoint different days for different purposes;
35
(b)
may include transitional, saving or transitory provision.
(6)
For the purposes of subsection (1) a council which must cease to operate
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
40
This Act may be cited as the Local Government and Public Involvement in
Health Act 2007.

138
Local Government and Public Involvement in Health Bill
Schedule 1 — Structural and boundary change: consequential amendments
Part 1 — Amendments of Local Government Act 1992

Schedules
Schedule 1
Section 22

Structural and boundary change: consequential amendments
Part 1
Amendments of Local Government Act 1992
5
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).
10
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;
15
(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”;
20
(c)
subsection (7A)(a).
5
Omit section 16.
6
In section 17 (implementation of recommendations by order), omit the
following—
(a)
subsection (1);
25
(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);
30
(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
35
below”;

Local Government and Public Involvement in Health Bill
Schedule 1 — Structural and boundary change: consequential amendments
Part 2 — Other amendments
139

(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
140

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
141

      (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
142

(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
143

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”.