Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
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Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements
58

(3)
A designation under this section may be revoked.
(4)
The power to make or revoke a designation under this section is exercisable by
notice in writing to the responsible local authority.
86
Revision and addition of targets
(1)
A designated target may not be amended or removed from a local area
5
agreement except in accordance with sections 87 and 88.
(2)
Any other local improvement target for the time being specified in a local area
agreement may be—
(a)
amended, or
(b)
removed from the local area agreement,
10

by the responsible local authority, in accordance with subsection (4).
(3)
But subsection (2) does not apply—
(a)
during the period of one month beginning with the date on which a
draft of the local area agreement was approved by the Secretary of State
under section 83; or
15
(b)
in relation to any local improvement target which is added to the local
area agreement by virtue of the approval of a revision proposal, during
the period of one month beginning with the date on which the revision
proposal was approved by the Secretary of State under section 88.
(4)
A responsible local authority may amend or remove a local improvement
20
target under subsection (2) only—
(a)
with the consent of each partner authority to which the target relates;
and
(b)
after consulting each other person to whom it relates.
(5)
Local improvement targets may not be added to a local area agreement except
25
in accordance with—
(a)
subsection (6); or
(b)
sections 87 and 88.
(6)
The responsible local authority may, with the consent of each person to whom
the target in question is to relate, specify a new local improvement target in a
30
local area agreement.
87
Designated targets: revision proposals
(1)
At any time while a local area agreement has effect, a responsible local
authority—
(a)
may prepare and submit to the Secretary of State a revision proposal;
35
and
(b)
must do so if the Secretary of State so directs.
(2)
In this Chapter, “revision proposal”, in relation to a local area agreement,
means a document proposing any or all of the following—
(a)
changes to designated targets specified in the local area agreement;
40
(b)
the removal of designated targets from the local area agreement;
(c)
that additional local improvement targets be specified in the local area
agreement.

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements
59

(3)
A revision proposal must—
(a)
if it proposes changes to a designated target under subsection (2)(a),
specify the persons to whom the target relates who have consented to
the changes;
(b)
if it proposes an additional local improvement target under subsection
5
(2)(c), specify the persons to whom the target is to relate.
(4)
In preparing a revision proposal, the responsible local authority must—
(a)
consult—
(i)
each partner authority; and
(ii)
such other persons as appear to it to be appropriate;
10
(b)
co-operate with each partner authority in determining changes to or the
removal of designated targets, or additional local improvement targets,
relating to the partner authority which are to be proposed by the
revision proposal; and
(c)
have regard to—
15
(i)
its community strategy prepared under section 4 of the Local
Government Act 2000 (c. 22) (strategies for promoting well-
being); and
(ii)
any guidance issued by the Secretary of State.
(5)
In determining changes to or the removal of designated targets, or additional
20
local improvement targets, relating to it which are to be proposed by the
revision proposal, 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.
(6)
Before issuing any guidance under this section, the Secretary of State must
25
consult such representatives of local government (including representatives of
partner authorities) and such other persons (if any) as he considers
appropriate.
(7)
A direction under subsection (1)(b) may specify the date by which a revision
proposal must be submitted to the Secretary of State.
30
88
Approval of revision proposal
(1)
Where a revision proposal relating to a local area agreement has been
submitted to him under section 87(1), the Secretary of State may by notice to
the responsible local authority—
(a)
approve the revision proposal;
35
(b)
if the revision proposal was submitted to him pursuant to a direction
under section 87(1)(b), require the responsible local authority to modify
the revision proposal; or
(c)
reject the revision proposal.
(2)
If the Secretary of State approves the revision proposal, the local area
40
agreement has effect subject to the changes set out in the revision proposal.
(3)
Where a designated target is modified by virtue of subsection (2), the
designation under section 85 continues to apply to the target as so modified
(until revoked under that section).

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements
60

(4)
A requirement under subsection (1)(b) to modify a revision proposal operates
for the purposes of section 87 as a direction under subsection (1)(b) of that
section to prepare and submit a further revision proposal.
89
Duty to publish information about local area agreement
(1)
The responsible local authority must publish a memorandum relating to a local
5
area agreement—
(a)
whenever the Secretary of State—
(i)
designates a local improvement target under section 85; or
(ii)
revokes a designation under that section; and
(b)
whenever the local area agreement is modified—
10
(i)
under section 86(2) or (6); or
(ii)
by virtue of section 88(2).
(2)
A memorandum under subsection (1) must state—
(a)
the period for which the local area agreement has effect;
(b)
the local improvement targets for the time being specified in the local
15
area agreement;
(c)
in relation to each of those targets—
(i)
whether it is for the time being a designated target;
(ii)
the persons who are required by section 84 to have regard to the
target; and
20
(iii)
any other persons to whom the target relates;

and must take such form as the Secretary of State may direct.
(3)
Different directions may be given under subsection (2) in relation to different
responsible local authorities or different descriptions of responsible local
authority.
25
(4)
A direction under subsection (2) may be varied or revoked by a further
direction under that subsection.
90
Preparation of community strategy
(1)
Section 4 of the Local Government Act 2000 (c. 22) (strategies for promoting
well-being) is amended as follows.
30
(2)
In subsection (3)(a), for “such persons as they consider appropriate, and”
substitute “—
(i)
in the case of a responsible local authority, each partner
authority and such other persons as the responsible
local authority consider appropriate, or
35
(ii)
in any other case, such persons as the authority consider
appropriate, and”.
(3)
At the end insert—
“(6)
In subsection (3)(a), “responsible local authority” and “partner
authority”, in relation to a responsible local authority, have the same
40
meanings as in Chapter 1 (local area agreements) of Part 5 of the Local
Government and Public Involvement in Health Act 2007 (see sections
79 and 80 of that Act).”

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements
61

91
Health and social care: joint strategic needs assessments
(1)
An assessment of relevant needs must be prepared in relation to the area of
each responsible local authority.
(2)
A further assessment of relevant needs in relation to the area of a responsible
local authority—
5
(a)
must be prepared if the Secretary of State so directs; and
(b)
may be prepared at any time.
(3)
It is for—
(a)
the responsible local authority, and
(b)
each of its partner PCTs,
10

to prepare any assessment of relevant needs under this section in relation to the
area of the responsible local authority.
(4)
The responsible local authority must publish each assessment of relevant
needs prepared under this section in relation to its area.
(5)
For the purposes of this section, there is a relevant need in relation to so much
15
of the area of a responsible local authority as falls within the area for which a
partner PCT acts if there appears to the responsible local authority and the
partner PCT to be a need to which subsection (6) applies.
(6)
This subsection applies to a need—
(a)
which—
20
(i)
is capable of being met to a significant extent by the exercise by
the responsible local authority of any of its functions; and
(ii)
could also be met, or could otherwise be affected, to a
significant extent by the exercise by the partner PCT of any of its
functions; or
25
(b)
which—
(i)
is capable of being met to a significant extent by the exercise by
the partner PCT of any of its functions; and
(ii)
could also be met, or could otherwise be affected, to a
significant extent by the exercise by the responsible local
30
authority of any of its functions.
(7)
In preparing an assessment under this section, the responsible local authority
and each partner PCT must—
(a)
co-operate with one another;
(b)
have regard to any guidance issued by the Secretary of State; and
35
(c)
if the responsible local authority is a county council, consult each
relevant district council.
(8)
In this section—
“partner PCT”, in relation to a responsible local authority, means any
Primary Care Trust which is a partner authority of the responsible local
40
authority;
“relevant district council” means—
(a)
in relation to a responsible local authority, any district council
which is a partner authority of it; and
(b)
in relation to a partner PCT of a responsible local authority, any
45
district council which is a partner authority of the responsible

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees
62

local authority and whose district falls wholly or partly within
the area for which the partner PCT acts.
92
Interpretation of Chapter
In this Chapter—
“designated target” means a local improvement target designated by the
5
Secretary of State under section 85;
“local area agreement” has the meaning given by section 82;
“local improvement target” has the meaning given by section 81;
“partner authority”, in relation to a responsible local authority, has the
meaning given by section 80;
10
“responsible local authority” has the meaning given by section 79; and
“the responsible local authority”, in relation to a local area agreement,
means the responsible local authority required under section 82 to
prepare a draft of the local area agreement;
“revision proposal” has the meaning given by section 87.
15
93
Transitional provision
(1)
This section applies in relation to each responsible local authority when it is
first directed by the Secretary of State under subsection (1) of section 82 to
prepare and submit a draft of a local area agreement.
(2)
If the direction so provides—
20
(a)
it is immaterial, for the purpose of satisfying the duty imposed by that
subsection, whether the draft of the local area agreement was prepared
before or after the direction was given; and
(b)
subsections (2) and (3) of that section do not apply in relation to the
preparation of that draft local area agreement.
25
Chapter 2
Overview and scrutiny committees
94
Reference of matter by councillor to overview and scrutiny committee
(1)
The Local Government Act 2000 (c. 22) is amended as follows.
(2)
In section 21 (overview and scrutiny committees)—
30
(a)
in subsection (4), after “this section” insert “or section 21A”; and
(b)
omit subsection (8).
(3)
After that section insert—
“21A
Reference of matters to overview and scrutiny committee etc
(1)
Executive arrangements by a local authority must include provision
35
which—
(a)
enables any member of an overview and scrutiny committee of
the authority to refer to the committee any matter which is
relevant to the functions of the committee,

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees
63

(b)
enables any member of a sub-committee of such a committee to
refer to the sub-committee any matter which is relevant to the
functions of the sub-committee, and
(c)
in the case of a local authority in England, enables any member
of the authority to refer to an overview and scrutiny committee
5
of the authority of which he is not a member any local
government matter which is relevant to the functions of the
committee.
(2)
For the purposes of subsection (1), provision enables a person to refer a
matter to a committee or sub-committee if it enables him to ensure that
10
the matter is included in the agenda for, and discussed at, a meeting of
the committee or sub-committee.
(3)
In considering whether to exercise the power which he has by virtue of
subsection (1)(c) in any case, a member of an authority must have
regard to any guidance for the time being issued by the Secretary of
15
State.
(4)
Guidance under subsection (3) may make different provision for
different cases.
(5)
Subsections (6) to (8) apply where a local government matter is referred
to an overview and scrutiny committee by a member of a local
20
authority in accordance with provision made pursuant to subsection
(1)(c).
(6)
In considering whether or not to exercise any of its powers under
section 21(2) in relation to the matter, the committee may have regard
to—
25
(a)
any powers which the member may exercise in relation to the
matter by virtue of section 185 of the Local Government and
Public Involvement in Health Act 2007 (exercise of functions by
local councillors in England), and
(b)
any representations made by the member as to why it would be
30
appropriate for the committee to exercise any of its powers
under section 21(2) in relation to the matter.
(7)
If the committee decides not to exercise any of those powers in relation
to the matter, it must notify the member of—
(a)
its decision, and
35
(b)
the reasons for it.
(8)
The committee must provide the member with a copy of any report or
recommendations which it makes to the authority or the executive
under section 21(2) in relation to the matter.
(9)
Subsection (8) is subject to section 21D.
40
(10)
In this section “local government matter”, in relation to a member of a
local authority, means a matter which—
(a)
relates to the discharge of any function of the authority,
(b)
affects all or part of the electoral area for which the member is
elected or any person who lives or works in that area, and
45
(c)
is not an excluded matter.
(11)
In subsection (10)(c), “excluded matter” means any matter which is—

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees
64

(a)
a local crime and disorder matter within the meaning of section
19 of the Police and Justice Act 2006 (local authority scrutiny of
crime and disorder matters), or
(b)
a matter of any description specified in an order made by the
Secretary of State for the purposes of this section.”
5
(4)
In section 32(3) (alternative arrangements), after “21” insert “, 21A”.
95
Power of overview and scrutiny committee to question members of authority
(1)
In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny
committees), in subsection (13), before “and” immediately following
paragraph (a) insert—
10
“(aa)
may require any other member of the authority to attend before
it to answer questions relating to any function which is
exercisable by the member by virtue of section 185 of the Local
Government and Public Involvement in Health Act 2007
(exercise of functions by local councillors in England),”.
15
(2)
In subsection (14) of that section, for the words following “mentioned in”
substitute “paragraph (a) or (aa) of subsection (13) to comply with any
requirement mentioned in that paragraph”.
96
Powers to require information from partner authorities
(1)
After section 22 of the Local Government Act 2000 insert—
20
“22A
Overview and scrutiny committees of certain authorities in England:
provision of information etc by certain partner authorities
(1)
The Secretary of State may by regulations make provision, in relation to
a relevant committee—
(a)
as to information which relevant partner authorities must
25
provide to the relevant committee, and
(b)
as to information which may not be disclosed by a relevant
partner authority to the relevant committee.
(2)
In subsection (1), references to information do not include information
in respect of which provision may be made in exercise of the power
30
conferred by—
(a)
section 20(5)(c) or (d) of the Police and Justice Act 2006
(guidance and regulations regarding crime and disorder
matters), or
(b)
section 244(2)(d) or (e) of the National Health Service Act 2006
35
(functions of overview and scrutiny committees).
(3)
For the purposes of subsection (1), “relevant committee” and “relevant
partner authority” have the meanings given by section 21C.”
(2)
In section 32(3) of that Act (alternative arrangements), after “Schedule 1,” insert
“any provision made under section 22A,”.
40
(3)
In section 20 of the Police and Justice Act 2006 (c. 48) (guidance and regulations
regarding crime and disorder matters), after subsection (6) insert—
“(6A)
In subsection (5)(c) and (d), references to information are, in relation to
any crime and disorder committee, to information relating to—