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
Schedule 5 — Parishes: further amendments 1 —
150

      (2)
In subsection (1)—
(a)
after “district council” in each place insert “or London borough
council”;
(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
held;
(b)
the number of councillors to be elected to the council by each
parish;
(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
borough council”.
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
follows.
25
      (2)
In subsection (1)—
(a)
after “district councils” in the first place insert “or by a London
borough council”;
(b)
after “district councils” in the second place insert “or the London
borough council”.
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”
means—
(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

Local Government and Public Involvement in Health Bill
Schedule 6 — Byelaws: further amendments
151

62 of the Local Government and Public Involvement in
Health Act 2007.”
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
“means—
(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
amended as follows.
      (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
follows.
      (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
      (2)
Omit Part 2.
Schedule 6
Section 99

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
the subsection.
Public Health Act 1936 (c. 49)
2
In section 231(1) of the Public Health Act 1936 (byelaws with respect to
public bathing)—
35
(a)
in paragraph (b), omit “bathing-machines may be stationed, or”,
(b)
in paragraph (c), omit “bathing-machines,”,
(c)
omit paragraph (d).

Local Government and Public Involvement in Health Bill
Schedule 7 — Amendments consequential on removing parish councils etc from best value duties
152

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
of tents, vans, etc).
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
(2)(a) to (d)”.
Schedule 7
Section 106

Amendments consequential on removing parish councils etc from best value
duties
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—
“(ba)
a parish council;
(bb)
a parish meeting of a parish which does not have a separate
parish council;
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
“relevant authorities”;
(b)
in subsections (1)(c) and (4), for “best value authority” substitute
30
“relevant authority”;
(c)
after subsection (4) insert—
“(5)
In this section, “relevant authority” means—
(a)
a best value authority,
(b)
a parish council, or
35
(c)
a community council.”

Local Government and Public Involvement in Health Bill
Schedule 7 — Amendments consequential on removing parish councils etc from best value duties
153

      (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
“relevant authority”;
(b)
after subsection (8) insert—
10
“(9)
In this section, “relevant authority” means—
(a)
a best value authority;
(b)
a parish council;
(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
“relevant authority”;
(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
section 93.”
      (5)
In section 95 (power to trade in function-related activities through a
25
company)—
(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
“relevant authority”;
(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
of the Police Act 1996;
(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
Agency;
(b)
a parish council;

Local Government and Public Involvement in Health Bill
Schedule 7 — Amendments consequential on removing parish councils etc from best value duties
154

(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
“relevant authority”;
(b)
in subsection (3)(a) and (b) for “best value authorities” substitute
“relevant authorities”;
(c)
for subsection (4) substitute—
“(4)
In this section, “relevant authority” has the meaning given in
10
section 95.”
      (7)
In section 97 (power to modify enactments in connection with charging or
trading)—
(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;
(b)
a parish council;
(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
authorities”;
(b)
after subsection (7) insert—
“(8)
In this section, “relevant authority” has the meaning given in
30
section 97.”
      (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
authority” means—
(a)
a best value authority;
40
(b)
a parish council;
(c)
a parish meeting of a parish which does not have a
separate parish council; or
(d)
a community council.”
(d)
in subsection (8)—
45
(i)
after “In this section” insert “, in relation to Scotland”;

Local Government and Public Involvement in Health Bill
Schedule 8 — Best value: minor and consequential amendments
Part 1 — Part 1 of Local Government Act 1999
155

(ii)
in the definition of “appropriate person” omit “, in relation to
Scotland,”.
     (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
a local authority; and
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
Scotland,”;
(c)
in the definition of “local authority”—
(i)
omit paragraph (a);
20
(ii)
in paragraph (b), omit “in relation to Scotland,”;
(d)
after the definition of “local authority” insert—
“(9)
In this section,”.
Schedule 8
Section 114

Best value: minor and consequential amendments
25
Part 1
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
      (2)
In subsection (1)—
(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
England”;
(d)
for paragraph (g) substitute—
“(g)
an authority established under section 10 of the Local
Government Act 1985 (waste disposal authorities);”;

Local Government and Public Involvement in Health Bill
Schedule 8 — Best value: minor and consequential amendments
Part 1 — Part 1 of Local Government Act 1999
156

(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”.
      (3)
In subsection (2)—
(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
property in England”.
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
duty in section 3.”
      (6)
After subsection (5) insert—
“(5A)
Subsection (5) does not apply in relation to a Welsh best value
25
authority.”
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
Ministers”.
30
      (3)
In subsections (1) and (4), for “National Assembly for Wales” substitute
“Welsh Ministers”;
      (4)
In subsections (1), (3) and (4) for “best value authority in Wales” substitute
“Welsh best value authority”.
      (5)
In subsection (2)—
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
property in Wales”.
5
For the heading immediately preceding section 3 substitute “Duties: general”.