|
| |
|
| |
(a) | after “district council” in each place insert “or London borough |
| |
| |
(b) | after “same district” insert “or London borough”. |
| |
(3) | In subsection (3), for paragraph (b) substitute— |
| 5 |
“(b) | the electoral arrangements that are to apply to the council;”. |
| |
(4) | After subsection (3) insert— |
| |
“(3A) | In this section “electoral arrangements”, in relation to a council, |
| |
means all of the following— |
| |
(a) | the year in which ordinary elections of councillors are to be |
| 10 |
| |
(b) | the number of councillors to be elected to the council by each |
| |
| |
(c) | the division (or not) of any of the parishes, into wards for the |
| |
purpose of electing councillors; |
| 15 |
(d) | the number and boundaries of any such wards; |
| |
(e) | the number of councillors to be elected for any such ward; |
| |
(f) | the name of any such ward.” |
| |
(5) | In subsection (4) after “district council” in each place insert “or London |
| |
| 20 |
(6) | In subsection (5) for “section 16 of the Local Government and Rating Act |
| |
1997” in each place substitute “section 62 of the Local Government and |
| |
Public Involvement in Health Act 2007”. |
| |
4 (1) | Section 12 (provision supplementary to sections 9 to 11) is amended as |
| |
| 25 |
| |
(a) | after “district councils” in the first place insert “or by a London |
| |
| |
(b) | after “district councils” in the second place insert “or the London |
| |
| 30 |
5 (1) | Section 16 (parish councillors) is amended as follows. |
| |
(2) | In subsection (2), at the end insert “and relevant electoral arrangements”. |
| |
(3) | After subsection (2) insert— |
| |
“(2A) | In their application to the election of parish councillors, this Act and |
| |
Part 1 of the Representation of the People Act 1983 (c. 2) are subject |
| 35 |
to the relevant electoral arrangements that apply to the election. |
| |
(2B) | For the purposes of this section “relevant electoral arrangements” |
| |
| |
(a) | any arrangements about the election of councillors that are |
| |
made in, or applicable by virtue of, provision made by virtue |
| 40 |
of section 194(6)(b) of the Local Government and Public |
| |
Involvement in Health Act 2007 (transitional, saving or |
| |
transitory provision), and |
| |
(b) | any electoral arrangements applicable to the council by |
| |
virtue of an order under section 11 or an order under section |
| 45 |
|
| |
|
| |
|
62 of the Local Government and Public Involvement in |
| |
| |
6 (1) | Section 137 (power of local authorities to incur expenditure for certain |
| |
purposes) is amended as follows. |
| |
(2) | In subsection (9) for “means a parish or community council” substitute |
| 5 |
| |
(a) | a parish council which is not an eligible parish council for the |
| |
purposes of Part 1 of the Local Government Act 2000, or |
| |
(b) | a community council”. |
| |
7 (1) | Section 245 (status of certain districts, parishes and communities) is |
| 10 |
| |
(2) | After subsection (7) insert— |
| |
“(7A) | A resolution under subsection (6) shall cease to have effect if the |
| |
parish has an alternative style (within the meaning of section 17A) by |
| |
virtue of any of the following— |
| 15 |
(a) | an order under section 11; |
| |
(b) | a resolution under section 12A; |
| |
(c) | an order under section 62 of the Local Government and |
| |
Public Involvement in Health Act 2007.” |
| |
8 (1) | Schedule 3 (establishment of new authorities in England) is amended as |
| 20 |
| |
(2) | In paragraph 10(1), (2) and (3) (parish councillors) for “Part II of the Local |
| |
Government and Rating Act 1997” substitute “Part 4 of the Local |
| |
Government and Public Involvement in Health Act 2007”. |
| |
9 (1) | The Local Government and Rating Act 1997 (c. 29) is amended as follows. |
| 25 |
| |
| |
| |
Byelaws: further amendments |
| |
Public Health Acts Amendment Act 1907 (c. 53) |
| |
1 | In subsection (4) of section 82 of the Public Health Acts Amendment Act |
| 30 |
1907 (byelaws relating to the seashore), omit from “Provided” to the end of |
| |
| |
Public Health Act 1936 (c. 49) |
| |
2 | In section 231(1) of the Public Health Act 1936 (byelaws with respect to |
| |
| 35 |
(a) | in paragraph (b), omit “bathing-machines may be stationed, or”, |
| |
(b) | in paragraph (c), omit “bathing-machines,”, |
| |
| |
|
| |
|
| |
|
Public Health (Control of Disease) Act 1984 (c. 22) |
| |
3 | Omit subsections (2) and (3) of section 56 of the Public Health (Control of |
| |
Disease) Act 1984 (byelaws for preventing disease by the occupants or users |
| |
| |
Police Reform Act 2002 (c. 30) |
| 5 |
4 (1) | In paragraph 1(3)(a) of Schedule 4 to the Police Reform Act 2002 (definition |
| |
of “relevant fixed penalty offence”) for “sub-paragraph 1(2)(a) to (d)” |
| |
substitute “sub-paragraph (2)(a) to (e)”. |
| |
(2) | In paragraph 1(3)(a) of Schedule 5 to that Act (definition of “relevant fixed |
| |
penalty offence”) for “sub-paragraph (2)(a) to (c)” substitute “sub-paragraph |
| 10 |
| |
| |
| |
Amendments consequential on removing parish councils etc from best value |
| |
| |
Local Government, Planning and Land Act 1980 (c. 65) |
| 15 |
1 | In section 2(1) of the Local Government, Planning and Land Act 1980 (duty |
| |
of authorities to publish information) after paragraph (b) insert— |
| |
| |
(bb) | a parish meeting of a parish which does not have a separate |
| |
| 20 |
(bc) | a community council;”. |
| |
Local Government Act 1999 (c. 27) |
| |
2 (1) | The Local Government Act 1999 is amended as follows. |
| |
(2) | Before section 19 insert— |
| |
“Exclusion of non-commercial considerations”. |
| 25 |
(3) | In section 19 (exclusion of non-commercial considerations for the purposes |
| |
of section 17 of the Local Government Act 1988)— |
| |
(a) | in subsection (1)(a) and (b), for “best value authorities” substitute |
| |
| |
(b) | in subsections (1)(c) and (4), for “best value authority” substitute |
| 30 |
| |
(c) | after subsection (4) insert— |
| |
“(5) | In this section, “relevant authority” means— |
| |
(a) | a best value authority, |
| |
| 35 |
(c) | a community council.” |
| |
|
| |
|
| |
|
(4) | After section 19 insert— |
| |
“Publication of information”. |
| |
(5) | In section 26(2)(a) (guidance), omit “best value”. |
| |
Local Government Act 2003 (c. 26) |
| |
3 (1) | The Local Government Act 2003 is amended as follows. |
| 5 |
(2) | Omit sections 34 and 35 (best value grants to parishes and communities). |
| |
(3) | In section 93 (power to charge for discretionary services)— |
| |
(a) | in subsections (1), (5) and (6), for “best value authority” substitute |
| |
| |
(b) | after subsection (8) insert— |
| 10 |
“(9) | In this section, “relevant authority” means— |
| |
(a) | a best value authority; |
| |
| |
(c) | a parish meeting of a parish which does not have a |
| |
separate parish council; or |
| 15 |
(d) | a community council.” |
| |
(4) | In section 94 (power to disapply section 93(1))— |
| |
(a) | in subsections (1)(a) and (b)(iii) for “best value authority” substitute |
| |
| |
(b) | in subsections (1)(a) and (b)(i) and (ii) for “best value authorities” |
| 20 |
substitute “relevant authorities”; |
| |
(c) | after subsection (2) insert— |
| |
“(3) | In this section, “relevant authority” has the meaning given in |
| |
| |
(5) | In section 95 (power to trade in function-related activities through a |
| 25 |
| |
(a) | in subsections (1)(a) and (3)(a) (in both places) for “best value |
| |
authorities” substitute “relevant authorities”; |
| |
(b) | in subsections (2), (3)(a) and (5) and in the definition of “ordinary |
| |
functions” in subsection (7), for “best value authority” substitute |
| 30 |
| |
(c) | in subsection (7), omit the definition of “best value authority”; |
| |
(d) | in that subsection, at the end insert— |
| |
““police authority” means— |
| |
(a) | a police authority established under section 3 |
| 35 |
| |
(b) | the Common Council of the City of London in |
| |
its capacity as a police authority; or |
| |
(c) | the Metropolitan Police Authority; |
| |
“relevant authority” means— |
| 40 |
(a) | a best value authority, other than a police |
| |
authority or the London Development |
| |
| |
| |
|
| |
|
| |
|
(c) | a parish meeting of a parish which does not |
| |
have a separate parish council; or |
| |
(d) | a community council.” |
| |
(6) | In section 96 (regulation of trading powers)— |
| |
(a) | in subsections (1), (2) and (3)(c) for “best value authority” substitute |
| 5 |
| |
(b) | in subsection (3)(a) and (b) for “best value authorities” substitute |
| |
| |
(c) | for subsection (4) substitute— |
| |
“(4) | In this section, “relevant authority” has the meaning given in |
| 10 |
| |
(7) | In section 97 (power to modify enactments in connection with charging or |
| |
| |
(a) | in subsections (1) and (4)(a) and (b) for “best value authorities” |
| |
substitute “relevant authorities”; |
| 15 |
(b) | in subsections (2), (4)(c), (6) and (11) (in the definition of |
| |
“discretionary service” and “ordinary functions”) for “best value |
| |
authority” substitute “relevant authority”; |
| |
(c) | in subsection (11) at the end insert— |
| |
““relevant authority” means— |
| 20 |
(a) | a best value authority; |
| |
| |
(c) | a parish meeting of a parish which does not |
| |
have a separate parish council; or |
| |
(d) | a community council.” |
| 25 |
(8) | In section 98 (procedure for orders under section 98)— |
| |
(a) | in subsection (1)(a) for “best value authorities” substitute “relevant |
| |
| |
(b) | after subsection (7) insert— |
| |
“(8) | In this section, “relevant authority” has the meaning given in |
| 30 |
| |
(9) | In section 101 (staff transfer matters: general)— |
| |
(a) | in subsections (1) and (3) for “a best value authority (in Scotland, a |
| |
relevant authority)” substitute “a relevant authority”; |
| |
(b) | in subsection (6)(a)(i) for “all best value authorities (or, as the case |
| 35 |
may be, relevant authorities)” substitute “all relevant authorities”; |
| |
(c) | after subsection (7) insert— |
| |
“(7A) | In this section, in relation to England and Wales, “relevant |
| |
| |
(a) | a best value authority; |
| 40 |
| |
(c) | a parish meeting of a parish which does not have a |
| |
separate parish council; or |
| |
(d) | a community council.” |
| |
| 45 |
(i) | after “In this section” insert “, in relation to Scotland”; |
| |
|
| |
|
| |
|
(ii) | in the definition of “appropriate person” omit “, in relation to |
| |
| |
(10) | In section 102 (staff transfer matters: pensions) after subsection (7) insert— |
| |
“(7A) | In this section, in relation to England, “local authority” means— |
| |
(a) | a county council in England, a district council, a London |
| 5 |
borough council, a parish council or a parish meeting of a |
| |
parish which does not have a separate parish council; |
| |
(b) | the Council of the Isles of Scilly; |
| |
(c) | the Common Council of the City of London in its capacity as |
| |
| 10 |
(d) | the Greater London Authority so far as it exercises its |
| |
functions through the Mayor. |
| |
(7B) | In this section, in relation to Wales, “local authority” means a county |
| |
council, county borough council or community council in Wales.” |
| |
(11) | In section 102(8) (definitions)— |
| 15 |
(a) | after “in this section” insert “, in relation to Scotland”; |
| |
(b) | in the definition of “appropriate person”, omit “in relation to |
| |
| |
(c) | in the definition of “local authority”— |
| |
| 20 |
(ii) | in paragraph (b), omit “in relation to Scotland,”; |
| |
(d) | after the definition of “local authority” insert— |
| |
| |
| |
| |
Best value: minor and consequential amendments |
| 25 |
| |
Part 1 of Local Government Act 1999 |
| |
1 | Part 1 of the Local Government Act 1999 (c. 27) (best value authorities) is |
| |
amended in accordance with this Part of this Schedule. |
| |
2 (1) | Section 1 (best value authorities) is amended as follows. |
| 30 |
| |
(a) | for paragraph (a) substitute— |
| |
“(a) | an English local authority;”; |
| |
(b) | in paragraph (b), at the end insert “for a National Park in England”; |
| |
(c) | in paragraph (e), after “fire and rescue authority” insert “in |
| 35 |
| |
(d) | for paragraph (g) substitute— |
| |
“(g) | an authority established under section 10 of the Local |
| |
Government Act 1985 (waste disposal authorities);”; |
| |
|
| |
|
| |
|
(e) | after paragraph (j) insert— |
| |
“(k) | a Welsh best value authority.” |
| |
(3) | In subsection (2) (definition of local authority in relation to England)— |
| |
(a) | for the words preceding paragraph (a) substitute “In this section, |
| |
“English local authority” means—”; |
| 5 |
(b) | in paragraph (a), after “a county council” insert “in England”. |
| |
(4) | Omit subsection (3) (definition of local authority in relation to Wales). |
| |
(5) | In subsection (4) (definition of police authorities), for “In this section” |
| |
substitute “In this Part”. |
| |
(6) | Omit subsection (5) (definition of waste disposal authorities). |
| 10 |
(7) | Omit subsection (8) (exclusion of police authorities from certain provisions). |
| |
3 (1) | Section 2 (power to extend or disapply) is amended as follows. |
| |
(2) | In the title, at the end insert “: Secretary of State”. |
| |
| |
(a) | in paragraph (b), at the end insert “in respect of which the county |
| 15 |
council or charging authority referred to in section 74(1)(b) of that |
| |
Act was a council or authority for an area in England”; |
| |
(b) | in paragraph (c), at the end insert “and which as regards the financial |
| |
year beginning in 1989 had power to levy a rate by reference to |
| |
| 20 |
(4) | Omit subsection (3) (power to apply section 7 with modifications). |
| |
(5) | In subsection (5), for the words from “to a duty” to the end substitute “to the |
| |
| |
(6) | After subsection (5) insert— |
| |
“(5A) | Subsection (5) does not apply in relation to a Welsh best value |
| 25 |
| |
4 (1) | Section 2A (power of National Assembly for Wales to extend or disapply |
| |
best value duties) is amended as follows. |
| |
(2) | In the title, for “best value authorities in Wales” substitute “Welsh |
| |
| 30 |
(3) | In subsections (1) and (4), for “National Assembly for Wales” substitute |
| |
| |
(4) | In subsections (1), (3) and (4) for “best value authority in Wales” substitute |
| |
“Welsh best value authority”. |
| |
| 35 |
(a) | in paragraph (a), at the end insert “in respect of which the county |
| |
council or charging authority referred to in section 74(1)(b) of that |
| |
Act was a council or authority for an area in Wales”; |
| |
(b) | in paragraph (b), at the end insert “and which as regards the financial |
| |
year beginning in 1989 had power to levy a rate by reference to |
| 40 |
| |
5 | For the heading immediately preceding section 3 substitute “Duties: general”. |
| |
|
| |
|