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 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees
65

(a)
the discharge, or decisions made or other action taken in
connection with the discharge, by the responsible authorities of
their crime and disorder functions; or
(b)
local crime and disorder matters which the committee is
required to consider under section 19(6).”
5
(4)
In subsection (7) of that section, for “and “co-operating persons and bodies””
substitute “, “co-operating persons and bodies”, “crime and disorder
functions” and “local crime and disorder matters””.
(5)
In section 244 of the National Health Service Act 2006 (c. 41) (functions of
overview and scrutiny committees), after subsection (2) insert—
10
“(2A)
In subsection (2)(d) and (e), references to information are to
information relating to matters relating to the health service in the
authority’s area.”
97
Overview and scrutiny committees: reports and recommendations
(1)
After section 21A of the Local Government Act 2000 (c. 22) (inserted by section
15
94) insert—
“21B
Duty of authority or executive to respond to overview and scrutiny
committee
(1)
This section applies where an overview and scrutiny committee of a
local authority in England makes a report or recommendations to the
20
authority or the executive, otherwise than—
(a)
by virtue of subsection (1)(b) of section 19 of the Police and
Justice Act 2006 (local authority scrutiny of crime and disorder
matters), or
(b)
under subsection (6) of that section.
25
(2)
The overview and scrutiny committee may publish the report or
recommendations.
(3)
The overview and scrutiny committee must by notice in writing require
the authority or executive—
(a)
to consider the report or recommendations,
30
(b)
to respond to the overview and scrutiny committee indicating
what (if any) action the authority propose, or the executive
proposes, to take,
(c)
if the overview and scrutiny committee has published the
report or recommendations under subsection (2), to publish the
35
response,
(d)
if the overview and scrutiny committee provided a copy of the
report or recommendations to a member of the authority under
section 21A(8), to provide the member with a copy of the
response,
40

and to do so within two months beginning with the date on which the
authority or executive received the report or recommendations or (if
later) the notice.
(4)
It is the duty of an authority or executive to which a notice is given
under subsection (3) to comply with the requirements specified in the
45
notice.

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
66

(5)
Subsections (2) and (4) are subject to section 21D and to any provision
made under section 22(12A).
(6)
In this section—
(a)
references to an overview and scrutiny committee include
references to a sub-committee of such a committee; and
5
(b)
references to “the authority” or “the executive”, in relation to an
overview and scrutiny committee, or a sub-committee of such a
committee, are to the authority by which the overview and
scrutiny committee is established or to the executive of that
authority.
10
21C
Reports and recommendations of overview and scrutiny committees:
duties of certain partner authorities
(1)
This section applies where—
(a)
a relevant committee makes a report or recommendations to the
authority or the executive, otherwise than—
15
(i)
by virtue of subsection (1)(b) of section 19 of the Police
and Justice Act 2006 (local authority scrutiny of crime
and disorder matters), or
(ii)
under subsection (6) of that section, and
(b)
the report or any of the recommendations relates to a local
20
improvement target which—
(i)
relates to a relevant partner authority, and
(ii)
is specified in a local area agreement of the authority.
(2)
The relevant committee may by notice in writing to the relevant partner
authority require the relevant partner authority to have regard to the
25
report or recommendation in question in exercising their functions.
(3)
A notice under subsection (2) must be accompanied by a copy of the
report or recommendations.
(4)
It is the duty of a relevant partner authority to which a notice is given
under subsection (2) to comply with the requirement specified in the
30
notice.
(5)
Subsection (2) does not apply if—
(a)
the relevant partner authority is a Primary Care Trust, and
(b)
by virtue of section 244 of the National Health Service Act 2006,
the report was, or the recommendations were, made to the
35
Primary Care Trust (as well as to the authority or the executive).
(6)
Subsections (2) and (3) are subject to section 21D.
(7)
In this section—
“the authority”, in relation to a relevant committee, means—
(a)
in the case of an overview and scrutiny committee, the
40
local authority by which it is established, and
(b)
in the case of a sub-committee of an overview and
scrutiny committee, the local authority by which the
overview and scrutiny committee is established,
“the executive”, in relation to a relevant committee, means the
45
executive of the authority,

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
67

“local improvement target” and “local area agreement” have the
same meanings as in Chapter 1 of Part 5 of the Local
Government and Public Involvement in Health Act 2007 (local
area agreements),
“relevant committee” means—
5
(a)
any overview and scrutiny committee of—
(i)
a county council in England,
(ii)
a district council in England, other than a council
for a district in a county for which there is a
county council, or
10
(iii)
a London borough council, or
(b)
a sub-committee of an overview and scrutiny committee
within paragraph (a), and
“relevant partner authority”, in relation to a relevant committee,
means any person who is a partner authority in relation to the
15
authority for the purposes of Chapter 1 of Part 5 of the Local
Government and Public Involvement in Health Act 2007, other
than—
(a)
a police authority, or
(b)
a chief officer of police;
20

and references to a target relating to a relevant partner authority are to
be construed in accordance with section 81(3) of the Local Government
and Public Involvement in Health Act 2007.
21D
Publication etc of reports, recommendations and responses:
confidential and exempt information
25
(1)
This section applies to—
(a)
the publication under section 21B of any document
comprising—
(i)
a report or recommendations of an overview and
scrutiny committee, or
30
(ii)
a response of a local authority to any such report or
recommendations, and
(b)
the provision of a copy of such a document—
(i)
to a member of a local authority under section 21A(8) or
section 21B, or
35
(ii)
to a relevant partner authority under section 21C,

by an overview and scrutiny committee or a local authority.
(2)
The overview and scrutiny committee or the local authority, in
publishing the document or providing a copy of the document to a
relevant partner authority—
40
(a)
must exclude any confidential information, and
(b)
may exclude any relevant exempt information.
(3)
The overview and scrutiny committee or the local authority, in
providing a copy of the document to a member of the local authority,
may exclude any confidential information or relevant exempt
45
information.
(4)
Where information is excluded under subsection (2) or (3), the
overview and scrutiny committee or the local authority, in publishing,
or providing a copy of, the document—

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
68

(a)
may replace so much of the document as discloses the
information with a summary which does not disclose that
information, and
(b)
must do so if, in consequence of excluding the information, the
document published, or copy provided, would be misleading
5
or not reasonably comprehensible.
(5)
If by virtue of subsection (2), (3) or (4) an overview and scrutiny
committee, in publishing or providing a copy of a report or
recommendations—
(a)
excludes information, or
10
(b)
replaces part of the report or recommendations with a
summary,

it is nevertheless to be taken for the purposes of section 21B(3)(c) or (d)
to have published or provided a copy of the report or
recommendations.
15
(6)
In this section—
“confidential information” has the meaning given by section
100A(3) of the Local Government Act 1972 (admission to
meetings of principal councils),
“exempt information” has the meaning given by section 100I of
20
that Act, and, in relation to—
(a)
any report or recommendations of an overview and
scrutiny committee which has functions under section
21(2)(f), or
(b)
any response to such a report or recommendations,
25
also includes information which is exempt information under
section 246 of the National Health Service Act 2006, and
“relevant exempt information” means—
(a)
in relation to a report or recommendations of an
overview and scrutiny committee, exempt information
30
of a description specified in a resolution of the overview
and scrutiny committee under section 100A(4) of the
Local Government Act 1972 which applied to the
proceedings, or part of the proceedings, at any meeting
of the overview and scrutiny committee at which the
35
report was, or recommendations were, considered, and
(b)
in relation to a response of the authority, exempt
information of a description specified in such a
resolution of the authority which applied to the
proceedings, or part of the proceedings, at any meeting
40
of the authority at which the report or response was, or
recommendations were, considered, and
“relevant partner authority”, in relation to an overview and
scrutiny committee which is a relevant committee within the
meaning of section 21C, has the same meaning as in that section.
45
(7)
In this section, references to an overview and scrutiny committee
include references to a sub-committee of such a committee.”
(2)
In section 22 of that Act (access to information etc), after subsection (12)

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws
69

insert—
“(12A)
The Secretary of State may by regulations make provision, in relation
to—
(a)
the publication by local authority executives under section 21B
of responses to reports or recommendations of overview and
5
scrutiny committees and sub-committees of such committees,
or
(b)
the provision by such executives under that section of copies of
such responses,

which applies or reproduces (with or without modifications) any
10
provisions of section 21D.”
(3)
In section 32(3) of that Act (alternative arrangements), after “21A” insert “, 21B,
21C or 21D”.
98
Transitional provision
(1)
Section 33E of the Local Government Act 2000 (c. 22) (proposals for change in
15
governance arrangements) (which is inserted by section 42) applies to a local
authority which—
(a)
by virtue of the coming into force of any provision of this Chapter is
required to vary its executive arrangements; or
(b)
by virtue of the coming into force of any provision of regulations made
20
under section 32 of that Act (alternative arrangements) by virtue of any
provision of this Chapter is required to vary its alternative
arrangements.
(2)
In this section, “alternative arrangements”, “executive arrangements” and
“local authority” have the same meanings as in Part 2 of the Local Government
25
Act 2000.
Part 6
Byelaws
99
Alternative procedure for byelaws
(1)
The Local Government Act 1972 (c. 70) is amended as follows.
30
(2)
In section 236 (procedure for byelaws), in subsection (2) (byelaws to which the
section does not apply), after “apply to” insert—
“(a)
byelaws of a class prescribed by regulations under section 236A,
or
(b)
".
35
(3)
After section 236 insert—
“236A
Alternative procedure for certain byelaws
(1)
The Secretary of State may, in relation to England, by regulations—
(a)
prescribe classes of byelaws to which section 236 does not
apply, and
40
(b)
make provision about the procedure for the making and coming
into force of such byelaws.

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws
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(2)
The regulations may prescribe a class of byelaws by reference, in
particular, to one or more of the following—
(a)
the enactment under which byelaws are made,
(b)
the subject-matter of byelaws,
(c)
the authority by whom byelaws are made,
5
(d)
the authority or person by whom byelaws are confirmed.
(3)
The regulations may, in particular, include provision about—
(a)
consultation to be undertaken before a byelaw is made,
(b)
publicising a byelaw after it is made.
(4)
The regulations may make—
10
(a)
such incidental, consequential, transitional or supplemental
provision (including provision amending, repealing or
revoking enactments) as the Secretary of State considers
appropriate, and
(b)
different provision for different areas, including different
15
provision for different localities and for different authorities.
(5)
Regulations may not be made under subsection (1) unless a draft of the
instrument containing the regulations has been laid before, and
approved by a resolution of, each House of Parliament.”.
(4)
In section 237 (offences against byelaws), after “applies” insert “and byelaws of
20
a class prescribed by regulations under section 236A”.
100
Fixed penalties for breach of byelaws
(1)
After section 237 of the Local Government Act 1972 (c. 70) insert—
“237A
Fixed penalty notices
(1)
The Secretary of State may, in relation to England, by regulations
25
prescribe classes of byelaws to which this section applies.
(2)
The regulations may prescribe a class of byelaws by reference, in
particular, to one or more of the following—
(a)
the enactment under which byelaws are made,
(b)
the subject-matter of byelaws,
30
(c)
the authority by whom byelaws are made,
(d)
the authority or person by whom byelaws are confirmed.
(3)
Where—
(a)
an authorised officer of an authority which has made a byelaw
to which this section applies has reason to believe that a person
35
has committed an offence against the byelaw, or
(b)
an authorised officer of a parish council has reason to believe
that a person has in its area committed an offence against a
byelaw to which this section applies made by an authority other
than the parish council,
40

the officer may give that person a notice offering him the opportunity
of discharging any liability to conviction for the offence by payment of
a fixed penalty.

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Part 6 — Byelaws
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(4)
A fixed penalty notice under this section is payable to the authority
whose officer gave the notice.
(5)
Where a person is given a notice under this section in respect of an
offence—
(a)
no proceedings may be instituted for the offence before the end
5
of the period of fourteen days following the date of the notice,
and
(b)
he may not be convicted of the offence if he pays the fixed
penalty before the end of that period.
(6)
A notice under this section must give such particulars of the
10
circumstances alleged to constitute the offence as are necessary for
giving reasonable information about the offence.
(7)
A notice under this section must also state—
(a)
the period during which, by virtue of subsection (5),
proceedings will not be taken for the offence,
15
(b)
the amount of the fixed penalty, and
(c)
the person to whom and the address at which the fixed penalty
may be paid.
(8)
Without prejudice to payment by any other method, payment of the
fixed penalty may be made by pre-paying and posting a letter
20
containing the amount of the penalty (in cash or otherwise) to the
person mentioned in subsection (7)(c) at the address so mentioned.
(9)
Where a letter is sent in accordance with subsection (8) payment is to be
regarded as having been made at the time at which that letter would be
delivered in the ordinary course of post.
25
(10)
The form of a notice under this section may be specified in regulations
under subsection (1).
(11)
In any proceedings a certificate which—
(a)
purports to be signed on behalf of the chief finance officer of an
authority, and
30
(b)
states that payment of a fixed penalty was or was not received
by a date specified in the certificate,

is evidence of the facts stated.
(12)
In this section—
“authorised officer”, in relation to an authority, means—
35
(a)
an employee of the authority who is authorised in
writing by the authority for the purpose of giving
notices under this section,
(b)
any person who, in pursuance of arrangements made
with the authority, has the function of giving such
40
notices and is authorised in writing by the authority to
perform the function, and
(c)
any employee of such a person who is authorised in
writing by the authority for the purpose of giving such
notices,
45
“chief finance officer”, in relation to an authority, means the
person having responsibility for the financial affairs of the
authority.