|
| |
| |
Publicising outcome of review |
| |
| |
(1) | This section applies if a community governance review is undertaken. |
| |
(2) | As soon as practicable after the review is concluded, the principal council must |
| |
take such steps as it considers sufficient to secure that persons who may be |
| 5 |
interested in the review is informed of the following matters— |
| |
(a) | the outcome of the review (including any recommendations made); |
| |
(b) | how (if at all) the council intends to give effect to the review. |
| |
(3) | The following subsections apply if the council gives effect to the review. |
| |
(4) | The council must deposit at its principal office— |
| 10 |
(a) | a copy of the reorganisation order, and |
| |
(b) | a map which shows the effects of the order in greater detail than the |
| |
map included in the order. |
| |
(5) | The council must make the copy of the order and the map available for public |
| |
inspection at all reasonable times. |
| 15 |
(6) | The council must publicise the following matters— |
| |
(a) | how the council has given effect to the review; |
| |
(b) | that the order and map are available for public inspection in accordance |
| |
| |
(7) | As soon as practicable after making a reorganisation order, the principal |
| 20 |
council must inform all of the following that the order has been made— |
| |
(a) | the Secretary of State; |
| |
(b) | the Electoral Commission; |
| |
(c) | the Office of National Statistics; |
| |
(d) | the Director General of the Ordnance Survey; |
| 25 |
(e) | any other principal council whose area the order relates to. |
| |
| |
73 | Supplementary regulations |
| |
(1) | The Secretary of State may by regulations of general application make |
| |
incidental, consequential, transitional or supplementary provision for the |
| 30 |
purposes of, or in consequence of, reorganisation orders. |
| |
(2) | Regulations under this section are to have effect subject to any provision made |
| |
by a reorganisation order. |
| |
74 | Orders and regulations under this Chapter |
| |
(1) | If a principal council makes a reorganisation order, the council must send— |
| 35 |
(a) | two copies of the order to the Secretary of State; and |
| |
(b) | two copies of the order to the Electoral Commission. |
| |
(2) | If the Secretary of State makes regulations under section 73, he must send two |
| |
copies of the regulations to the Electoral Commission. |
| |
| |
| |
|
| |
| |
(3) | A reorganisation order may include such incidental, consequential, |
| |
transitional or supplementary provision as may appear to the principal council |
| |
to be necessary or proper for the purposes of, or in consequence of, or for |
| |
giving full effect to, the order. |
| |
(4) | A reorganisation order, or regulations under section 73, may include any of the |
| 5 |
| |
(a) | provision with respect to the transfer and management or custody of |
| |
property (whether real or personal); |
| |
(b) | provision with respect to the transfer of functions, property, rights and |
| |
| 10 |
(5) | Provision made under subsection (4)(b) may include any of the following— |
| |
(a) | provision for legal proceedings commenced by or against any body to |
| |
be continued by or against a body to whom functions, property, rights |
| |
or liabilities are transferred; |
| |
(b) | provision for the transfer of staff, compensation for loss of office, |
| 15 |
pensions and other staffing matters; |
| |
(c) | provision for treating any body to whom a transfer is made for some or |
| |
all purposes as the same person in law as the body from whom the |
| |
| |
(6) | A reorganisation order, or regulations under section 73, may include provision |
| 20 |
for the exclusion or modification of the application of any of the following— |
| |
(a) | section 16(3) or 90 of the Local Government Act 1972 (c. 70), or |
| |
(b) | rules under section 36 of the Representation of the People Act 1983 |
| |
| |
75 | Agreements about incidental matters |
| 25 |
(1) | Any public bodies affected by a reorganisation of community governance may |
| |
from time to time make agreements with respect to— |
| |
(a) | any property, income, rights, liabilities and expenses (so far as affected |
| |
by the order) of the parties to the agreement; |
| |
(b) | any financial relations between the parties to the agreement. |
| 30 |
(2) | Such an agreement may in particular provide— |
| |
(a) | for the transfer or retention of any property, rights and liabilities, with |
| |
or without conditions, and for the joint use of any property; |
| |
(b) | for the making of payments by any party to the agreement in respect |
| |
| 35 |
(i) | property, rights and liabilities so transferred or retained; |
| |
| |
(iii) | the remuneration or compensation payable to any person; |
| |
(c) | for any such payment to be made by instalments or otherwise; |
| |
(d) | for interest to be charged on any such instalments. |
| 40 |
(3) | In default of agreement about any disputed matter, the matter is to be referred |
| |
to the arbitration of a single arbitrator— |
| |
(a) | agreed on by the parties; or |
| |
(b) | in default of agreement, appointed by the Secretary of State. |
| |
(4) | The arbitrator’s award may make any provision that could be contained in an |
| 45 |
agreement under this section. |
| |
| |
| |
|
| |
| |
| |
“disputed matter” means any matter that— |
| |
(a) | could be the subject of provision contained in an agreement |
| |
| |
(b) | is the subject of a dispute between two or more public bodies |
| 5 |
that is not resolved by or under any order or regulations under |
| |
| |
“public body” has the same meaning as in Chapter 1 of Part 1 (see section |
| |
| |
“reorganisation of community governance” means any changes made by |
| 10 |
giving effect to a community governance review. |
| |
| |
(1) | The Secretary of State may issue guidance about undertaking community |
| |
| |
(2) | The Electoral Commission may issue guidance about the making of |
| 15 |
recommendations under sections 65(2) or 66(2) (electoral arrangements for |
| |
parish councils) or 68 (consequential recommendations about county, district |
| |
or London borough councils). |
| |
(3) | The Secretary of State may issue guidance about giving effect to community |
| |
| 20 |
(4) | A principal local authority must have regard to guidance issued under this |
| |
| |
77 | Consequential amendments |
| |
Schedule 5 (consequential amendments) has effect. |
| |
| 25 |
| |
“alternative style” has the same meaning as in sections 9 to 16A of the |
| |
Local Government Act 1972 (c. 70) (see section 17A of that Act); |
| |
“area under review”, in relation to a community governance review, |
| |
means however much of the area of a principal council is subject to the |
| 30 |
| |
“community governance petition” has the meaning given by section 60; |
| |
“community governance review” has the meaning given by section 59; |
| |
“electoral arrangements”, in relation to a parish council, means all of the |
| |
| 35 |
(a) | the year in which ordinary elections of councillors are to be |
| |
| |
(b) | the number of councillors to be elected to the council, or (in the |
| |
case of a common council) the number of councillors to be |
| |
elected to the council by each parish; |
| 40 |
(c) | the division (or not) of the parish, or (in the case of a common |
| |
council) any of the parishes, into wards for the purpose of |
| |
| |
(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; |
| |
“local government elector” has the same meaning as in the Local |
| |
Government Act 1972 (c. 70) (see section 270); |
| |
“principal council” means— |
| 5 |
(a) | a district council in England, |
| |
(b) | a county council in England for an area in which there are no |
| |
| |
(c) | a London borough council; |
| |
“reorganisation order” means an order under section 62; |
| 10 |
“terms of reference” has the meaning given by section 61. |
| |
| |
Co-operation of English authorities with local partners, etc |
| |
| |
| 15 |
79 | Application of Chapter: responsible local authorities |
| |
For the purposes of this Chapter, each of the following is a responsible local |
| |
| |
(a) | a county council in England; |
| |
(b) | a district council in England, other than a council for a district in a |
| 20 |
county for which there is a county council; |
| |
(c) | a London borough council; |
| |
(d) | the Council of the Isles of Scilly; |
| |
(e) | the Common Council of the City of London in its capacity as a local |
| |
| 25 |
80 | Application of Chapter: partner authorities |
| |
(1) | For the purposes of this Chapter, each of the following is a partner authority in |
| |
relation to a responsible local authority— |
| |
(a) | any person mentioned in subsection (2) who acts or is established for an |
| |
area which, or any part of which, coincides with or falls within the |
| 30 |
responsible local authority’s area; and |
| |
(b) | any person mentioned in subsection (3). |
| |
(2) | The persons referred to in subsection (1)(a) are— |
| |
(a) | any district council which is not a responsible local authority; |
| |
(b) | a fire and rescue authority; |
| 35 |
(c) | a National Park authority; |
| |
(d) | the Broads Authority; |
| |
| |
(f) | a chief officer of police; |
| |
(g) | a waste disposal authority established under section 10 of the Local |
| 40 |
Government Act 1985 (c. 51); |
| |
| |
| |
|
| |
| |
(h) | a metropolitan county passenger transport authority established by |
| |
section 28 of the Local Government Act 1985 (c. 51) (joint |
| |
| |
(i) | a Primary Care Trust; |
| |
(j) | a development agency established by section 1 of the Regional |
| 5 |
Development Agencies Act 1998 (c. 45); |
| |
(k) | a local probation board established by section 4 of the Criminal Justice |
| |
and Court Services Act 2000 (c. 43); |
| |
(l) | a youth offending team established under section 39 of the Crime and |
| |
Disorder Act 1998 (c. 37). |
| 10 |
(3) | The persons referred to in subsection (1)(b) are— |
| |
(a) | the English Sports Council; |
| |
(b) | the Environment Agency; |
| |
(c) | the Health and Safety Executive; |
| |
(d) | the Historic Buildings and Monuments Commission; |
| 15 |
(e) | the Learning and Skills Council for England; |
| |
| |
(g) | the Secretary of State, but only in relation to— |
| |
(i) | his functions under section 2 of the Employment and Training |
| |
Act 1973 (c. 50) (arrangements with respect to obtaining etc |
| 20 |
employment or employees); |
| |
(ii) | functions which he has as highway authority by virtue of |
| |
section 1 of the Highways Act 1980 (c. 66); and |
| |
(iii) | functions which he has as traffic authority by virtue of section |
| |
121A of the Road Traffic Regulation Act 1984 (c. 27). |
| 25 |
(4) | In this section, “fire and rescue authority” means— |
| |
(a) | a fire and rescue authority constituted by— |
| |
(i) | a scheme under section 2 of the Fire and Rescue Services Act |
| |
| |
(ii) | a scheme to which section 4 of that Act applies; |
| 30 |
(b) | a metropolitan county fire and rescue authority; or |
| |
(c) | the London Fire and Emergency Planning Authority. |
| |
(5) | In subsection (1)(a), references to the area for which a person acts or is |
| |
established are references— |
| |
(a) | in the case of the Commissioner of Police of the Metropolis, to the |
| 35 |
metropolitan police district (within the meaning of the Police Act 1996 |
| |
| |
(b) | in the case of the Commissioner of the City of London Police, to the City |
| |
of London police area (within the meaning of that Act); |
| |
(c) | in relation to any other chief officer of police, to the police area listed in |
| 40 |
Schedule 1 to that Act for which his police force is maintained. |
| |
(6) | The Secretary of State may by order— |
| |
(a) | amend subsection (2) or (3) by— |
| |
(i) | adding to it any person who has functions of a public nature; |
| |
(ii) | removing from it any person for the time being mentioned in it; |
| 45 |
| |
| |
| |
|
| |
| |
(iii) | adding to subsection (3)(g) any function of the Secretary of State |
| |
or removing from it any function for the time being mentioned |
| |
| |
(b) | make such other amendments of this section as appear to him to be |
| |
necessary or expedient in consequence of provision made under |
| 5 |
| |
(7) | Before making an order under subsection (6) the Secretary of State must |
| |
consult such representatives of local government and such other persons (if |
| |
any) as he considers appropriate. |
| |
81 | “Local improvement targets”: interpretation |
| 10 |
(1) | In this Chapter, “local improvement target” means a target for improvement in |
| |
the economic, social or environmental well-being of the responsible local |
| |
authority’s area which relates to any or all of the following— |
| |
(a) | the responsible local authority; |
| |
(b) | one or more partner authorities; |
| 15 |
(c) | one or more other persons acting, or having functions exercisable, in |
| |
the area of the responsible local authority. |
| |
(2) | For the purposes of this Chapter, a target specified in a local area agreement |
| |
relates to the responsible local authority if the exercise by the authority of any |
| |
of its functions, or anything done by the authority, could contribute to the |
| 20 |
attainment of the target. |
| |
(3) | For the purposes of this Chapter, a target specified in a local area agreement |
| |
relates to a person other than the reponsible local authority if— |
| |
(a) | the exercise by the person of any of his functions, or anything done by |
| |
the person, could contribute to the attainment of the target; and |
| 25 |
(b) | the person has consented to the target being specified in the local area |
| |
agreement (and, where the target has been amended under section 86 |
| |
or 88, to the amendment). |
| |
82 | Duty to prepare and submit draft of a local area agreement |
| |
(1) | When the Secretary of State so directs, a responsible local authority must |
| 30 |
prepare and submit to him a draft of a document (“a local area agreement”) |
| |
| |
(a) | local improvement targets; |
| |
(b) | in relation to each local improvement target, the persons to whom the |
| |
| 35 |
(c) | the period for which the local area agreement is to have effect. |
| |
(2) | In preparing the draft local area agreement, the responsible local authority |
| |
| |
| |
(i) | each partner authority; and |
| 40 |
(ii) | such other persons as appear to it to be appropriate; |
| |
(b) | co-operate with each partner authority in determining the local |
| |
improvement targets relating to the partner authority which are to be |
| |
specified in the draft local area agreement; and |
| |
| 45 |
| |
| |
|
| |
| |
(i) | its community strategy prepared under section 4 of the Local |
| |
Government Act 2000 (c. 22) (strategies for promoting well- |
| |
| |
(ii) | any guidance issued by the Secretary of State. |
| |
(3) | In determining the local improvement targets relating to it which are to be |
| 5 |
specified in the draft local area agreement, each partner authority must— |
| |
(a) | co-operate with the responsible local authority; and |
| |
(b) | have regard to any guidance issued by the Secretary of State. |
| |
(4) | Before issuing any guidance under this section, the Secretary of State must |
| |
consult such representatives of local government (including representatives of |
| 10 |
partner authorities) and such other persons (if any) as he considers |
| |
| |
(5) | A direction under subsection (1) may specify the date by which a draft of a local |
| |
area agreement must be submitted to the Secretary of State. |
| |
83 | Approval of draft local area agreement by Secretary of State |
| 15 |
(1) | Where a draft of a local area agreement has been submitted to him under |
| |
section 82(1), the Secretary of State may by notice in writing to the responsible |
| |
| |
(a) | approve the draft; or |
| |
(b) | require the responsible local authority to modify the draft. |
| 20 |
(2) | Where the Secretary of State approves a draft local area agreement under |
| |
subsection (1)(a), a local area agreement in the form of the draft has effect for |
| |
the area of the responsible local authority for the period specified in the local |
| |
area agreement by virtue of section 82(1)(c). |
| |
(3) | A requirement under subsection (1)(b) to modify a draft of a local area |
| 25 |
agreement operates for the purposes of section 82 as a direction under |
| |
subsection (1) of that section to prepare and submit a further draft of a local |
| |
| |
84 | Duty to have regard to local improvement targets |
| |
Where a local area agreement has effect under section 83(2)— |
| 30 |
(a) | the responsible local authority, and |
| |
(b) | each partner authority, |
| |
must, in exercising its functions, have regard to every local improvement target |
| |
specified in the local area agreement which relates to it. |
| |
| 35 |
(1) | Where the Secretary of State approves a draft of a local area agreement under |
| |
section 83, he may, within one month beginning with the date on which he |
| |
approved the draft, designate any local improvement target specified in the |
| |
| |
(2) | Where the Secretary of State approves a revision proposal under section 88, he |
| 40 |
may, within one month beginning with the date on which he approved the |
| |
revision proposal, designate any local improvement target which is added to |
| |
the local area agreement by virtue of the approval. |
| |
| |
| |
|
