Local Government and Public Involvement in Health Bill

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

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws
72

(13)
Regulations under subsection (1) may prescribe conditions to be
satisfied by a person before a parish council may authorise him in
writing for the purpose of giving notices under this section.
237B
Amount of fixed penalty
(1)
The amount of a fixed penalty payable in pursuance of a notice under
5
section 237A is—
(a)
the amount specified by the authority which made the byelaw,
or
(b)
if no amount is so specified, £75.
(2)
An authority may specify different amounts in relation to different
10
byelaws.
(3)
The Secretary of State may by regulations make provision in connection
with the powers under subsections (1)(a) and (2).
(4)
Regulations under subsection (3) may, in particular—
(a)
require an amount specified under subsection (1)(a) to fall
15
within a range prescribed in the regulations,
(b)
restrict the extent to which, and the circumstances in which, an
authority can make provision under subsection (2).
(5)
The Secretary of State may by order substitute a different amount for
the amount for the time being specified in subsection (1)(b).
20
237C
Power to require name and address in connection with fixed penalty
(1)
If an authorised officer proposes to give a person a notice under section
237A, the officer may require the person to give him his name and
address.
(2)
A person commits an offence if—
25
(a)
he fails to give his name and address when required to do so
under subsection (1), or
(b)
he gives a false or inaccurate name or address in response to a
requirement under that subsection.
(3)
A person guilty of an offence under subsection (2) is liable on summary
30
conviction to a fine not exceeding level 3 on the standard scale.
(4)
In this section, “authorised officer” has the same meaning as in section
237A.”.
(2)
After section 237E of the Local Government Act 1972 (c. 70) (as inserted by
section 102) insert—
35
“237F
Further provision about regulations and orders under section 237A or
237B
(1)
Regulations under section 237A or 237B, and an order under section
237B, may make—
(a)
such incidental, consequential, transitional or supplemental
40
provision (including provision amending, repealing or
revoking enactments) as the Secretary of State considers
appropriate, and

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws
73

(b)
different provision for different areas, including different
provision for different localities and for different authorities.
(2)
A statutory instrument containing—
(a)
regulations under section 237A or 237B which amend or repeal
any provision of an Act, or
5
(b)
an order under section 237B which amends or repeals any
provision of an Act,

may not be made unless a draft of the instrument containing the
regulations or order has been laid before, and approved by a resolution
of, each House of Parliament.
10
(3)
Otherwise, a statutory instrument containing regulations under section
237A or 237B, or an order under section 237B, shall be subject to
annulment in pursuance of a resolution of either House of Parliament.”.
101
Use of fixed penalty receipts
After section 237C of the Local Government Act 1972 (c. 70) (as inserted by
15
section 100) insert—
“237D
Use of fixed penalty receipts
(1)
“Fixed penalty receipts” means amounts paid to an authority in
pursuance of notices under section 237A.
(2)
The authority shall have regard to the desirability of using its fixed
20
penalty receipts for the purpose of combating any relevant nuisance.
(3)
A “relevant nuisance” is a nuisance in the authority’s area for the
prevention of which any byelaw to which section 237A applies was
made.”.
102
Guidance
25
After section 237D of the Local Government Act 1972 (as inserted by section
101) insert—
“237E
Guidance relating to sections 236A and 237A to 237D
An authority which makes byelaws of a class prescribed by regulations
under section 236A or 237A must have regard to any guidance issued
30
by the Secretary of State about—
(a)
procedure for which provision is made by regulations under
section 236A(1);
(b)
fixed penalties;
(c)
anything related to the matters mentioned in paragraph (a) or
35
(b).”.
103
Community support officers etc
(1)
The Police Reform Act 2002 (c. 30) is amended as follows.
(2)
In Schedule 4 (community support officers)—
(a)
in paragraph 1 (powers to issue fixed penalty notices), after sub-
40
paragraph (3) insert—

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws
74

   “(3A)
For the purposes of paragraph (e) of section 64A(1B) of the Police and
Criminal Evidence Act 1984 (photographing of suspects in relation to
fixed penalty offences) “relevant fixed penalty offence”, in relation to
a designated person, includes an offence under a relevant byelaw
within the meaning of paragraph 1ZA(4) (and, accordingly, the
5
reference in that paragraph (e) to paragraph 1 of this Schedule
includes a reference to paragraph 1ZA of this Schedule).”;
(b)
after paragraph 1 (powers to issue fixed penalty notices) insert—
“1ZA  (1)
This paragraph applies if a designation applies it to any
person.
10
      (2)
Such a designation may specify that, in relation to that
person, the application of sub-paragraph (3) is confined to
one or more only (and not all) relevant byelaws, being in each
case specified in the designation.
      (3)
Where that person has reason to believe that an individual
15
has committed an offence against a relevant byelaw at a place
within the relevant police area, he may exercise the power of
an authorised officer of an authority to give a notice under
section 237A of the Local Government Act 1972 (fixed
penalty notices in relation to offences against certain
20
byelaws).
      (4)
In this paragraph “relevant byelaw”, in relation to a
designated person, means a byelaw which—
(a)
falls within sub-paragraph (5); and
(b)
is specified or described in that person’s designation
25
as a byelaw he has been designated to enforce under
this paragraph.
      (5)
A byelaw falls within this sub-paragraph if—
(a)
it is a byelaw to which section 237A of the Local
Government Act 1972 applies (fixed penalty notices
30
in relation to offences against certain byelaws); and
(b)
the chief officer of the police force for the relevant
police area and the authority who made the byelaw
have agreed to include it in a list of byelaws for the
purposes of this sub-paragraph.
35
      (6)
A list under sub-paragraph (5)(b) must be published by the
chief officer in such a way as to bring it to the attention of
members of the public in localities where the byelaws in the
list apply.
      (7)
The list may be amended from time to time by agreement
40
between the chief officer and the authority, by adding
byelaws to it or removing byelaws from it, and the amended
list shall also be published by the chief officer as mentioned
in sub-paragraph (6).”;
(c)
in paragraph 2(6) (relevant offence for the purpose of the power to
45
detain etc), after paragraph (aa) insert—
“(aza)
an offence under a relevant byelaw within the
meaning of paragraph 1ZA(4); or”;
(3)
In Schedule 5 (accredited persons)—

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws
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(a)
in paragraph 1 (power to issue fixed penalty notices), after sub-
paragraph (3) insert—
   “(3A)
For the purposes of paragraph (f) of section 64A(1B) of the
Police and Criminal Evidence Act 1984 (photographing of
suspects in relation to fixed penalty offences) “relevant fixed
5
penalty offence”, in relation to an accredited person, includes
an offence under a relevant byelaw within the meaning of
paragraph 1A(4) (and, accordingly, the reference in that
paragraph (f) to paragraph 1 of this Schedule includes a
reference to paragraph 1A of this Schedule).”;
10
(b)
after paragraph 1 insert—
“1A   (1)
This paragraph applies to an accredited person whose
accreditation specifies that it applies to him.
      (2)
The accreditation may specify that, in relation to that person,
the application of sub-paragraph (3) is confined to one or
15
more only (and not all) relevant byelaws, being in each case
specified in the accreditation.
      (3)
Where that person has reason to believe that an individual
has committed an offence against a relevant byelaw at a place
within the relevant police area, he may exercise the power of
20
an authorised officer of an authority to give a notice under
section 237A of the Local Government Act 1972 (fixed
penalty notices in relation to offences against certain
byelaws).
      (4)
In this paragraph “relevant byelaw”, in relation to an
25
accredited person, means a byelaw which—
(a)
falls within sub-paragraph (5); and
(b)
is specified or described in that person’s accreditation
as a byelaw he has been accredited to enforce under
this paragraph.
30
      (5)
A byelaw falls within this sub-paragraph if—
(a)
it is a byelaw to which section 237A of the Local
Government Act 1972 applies (fixed penalty notices
in relation to offences against certain byelaws); and
(b)
the chief officer of the police force for the relevant
35
police area and the authority who made the byelaw
have agreed to include it in a list of byelaws for the
purposes of this sub-paragraph.
      (6)
A list under sub-paragraph (5)(b) must be published by the
chief officer in such a way as to bring it to the attention of
40
members of the public in localities where the byelaws in the
list apply.
      (7)
The list may be amended from time to time by agreement
between the chief officer and the authority, by adding
byelaws to it or removing byelaws from it, and the amended
45
list shall also be published by the chief officer as mentioned
in sub-paragraph (6).”;
(c)
in paragraph 2(3) (relevant offence for the purpose of the power to

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws
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require giving of name and address), after paragraph (aa) insert—
“(aza)
an offence under a relevant byelaw within the
meaning of paragraph 1A(4); or”;
(d)
in paragraph 9ZA (photographing of persons given fixed penalty
notices), after “paragraph 1(2)” insert “or in exercise of the power
5
mentioned in paragraph 1A(3)”.
104
Revocation of byelaws
After section 236A of the Local Government Act 1972 (inserted by section 99)
insert—
“236B
Revocation of byelaws
10
(1)
This section applies to—
(a)
a local authority;
(b)
the Greater London Authority;
(c)
Transport for London;
(d)
a metropolitan county passenger transport authority.
15
(2)
Such an authority may make a byelaw under this section to revoke a
byelaw made by the authority.
(3)
The power under subsection (2) may be exercised only where the
authority has no other power to revoke the byelaw.
(4)
The confirming authority in relation to a byelaw made under this
20
section shall be—
(a)
in relation to a byelaw made by a local authority in Wales, the
Welsh Ministers;
(b)
in relation to any other byelaw, the Secretary of State.
(5)
The Secretary of State may, in relation to England, by order revoke any
25
byelaw which appears to him to have become spent, obsolete or
unnecessary.
(6)
The Welsh Ministers may, in relation to Wales, by order revoke any
byelaw which appears to them to have become spent, obsolete or
unnecessary.
30
(7)
An order under this section may make—
(a)
such incidental, consequential, transitional or supplemental
provision (including provision amending, repealing or
revoking enactments) as the person making the order considers
appropriate, and
35
(b)
different provision for different areas, including different
provision for different localities and for different authorities.
(8)
A statutory instrument containing an order under this section which
amends or repeals any provision of an Act may not be made by the
Secretary of State unless a draft of the instrument containing the order
40
has been laid before, and approved by a resolution of, each House of
Parliament.
(9)
Otherwise, a statutory instrument containing an order made by the
Secretary of State under this section shall be subject to annulment in
pursuance of a resolution of either House of Parliament.
45

Local Government and Public Involvement in Health Bill
Part 7 — Best value
77

(10)
A statutory instrument containing an order under this section which
amends or repeals any provision of an Act may not be made by the
Welsh Ministers unless a draft of the instrument containing the order
has been laid before, and approved by a resolution of, the National
Assembly for Wales.
5
(11)
Otherwise, a statutory instrument containing an order made by the
Welsh Ministers under this section shall be subject to annulment in
pursuance of a resolution of the National Assembly for Wales.”.
105
Further amendments relating to byelaws
Schedule 6 (further amendments of the law relating to byelaws) has effect.
10
Part 7
Best value
Best value authorities
106
Parish councils and community councils etc not to be best value authorities
(1)
In section 1 of the Local Government Act 1999 (c. 27) (best value authorities)—
15
(a)
in subsection (2) (definition of local authority in relation to England), in
paragraph (a), for “, a London borough council, a parish council or a
parish meeting of a parish which does not have a separate parish
council” substitute “or a London borough council”;
(b)
in subsection (3) (definition of local authority in relation to Wales), for
20
“, a county borough council or a community council” substitute “or a
county borough council”;
(c)
in subsection (7) (definition of local authority in Wales), for “, county
borough council or community council” substitute “or county borough
council”.
25
(2)
In section 2(2) of that Act (authorities to which best value duties may be
extended), omit paragraph (a) (local precepting authorities).
(3)
Schedule 7 (consequential amendments) has effect.
Duties of best value authorities
107
Guidance about general best value duty
30
In section 3 of the Local Government Act 1999 (best value authorities: general
duty), for subsection (4) substitute—
“(4)
In deciding—
(a)
how to fulfil the duty arising under subsection (1),
(b)
who to consult under subsection (2), or
35
(c)
the form, content and timing of consultations under that
subsection,

an authority must have regard to any guidance issued by the Secretary
of State.”