Local Government and Public Involvement in Health Bill
[AS AMENDED IN PUBLIC BILL COMMITTEE]
This is a corrected copy and is being issued free of charge to all known recipients of the original
publication.
Contents
Part 1
Structural and boundary change in England
Chapter 1
Structural and boundary change
Change from two tiers to single tier of local government
1
“Principal authority” and “single tier of local government”
2
Invitations and directions for proposals for single tier of local government
3
Invitations, directions and proposals: supplementary
4
Procedure on receipt of proposals
5
Boundary Committee for England’s powers
6
Boundary Committee’s procedure
7
Implementation of proposals by order
Boundary change
8
Review by Boundary Committee of local government areas
9
Boundary Committee’s review: consultation etc
10
Implementation of recommendations by order
Implementation of changes
11
Implementation orders: provision that may be included
12
Provision relating to membership etc of authorities
13
Implementation orders: further provision
14
Regulations for supplementing orders
15
Incidental etc provision in orders or regulations
16
Agreements about incidental matters
17
Residuary bodies
18
Staff commissions
19
Certain county councils to be billing authorities
Bill 77
54/2
ii
Supplementary
20
Correction of orders
21
Pre-commencement invitations etc
22
Consequential amendments
23
Definitions for purposes of Chapter 1
Chapter 2
Control of disposals etc
24
Authorities dissolved by orders: control of disposals, contracts and reserves
25
Directions: further provision about reserves
26
Directions: supplementary
27
Consideration to be taken into account for purposes of direction
28
Contraventions of direction
29
Power to amend
30
Definitions for purposes of Chapter 2
Part 2
Elections
Change to whole-council elections in England
31
Eligible councils
32
Changing scheme for ordinary elections
33
Scheme for whole-council elections
34
Publicising change of scheme for ordinary elections
35
Notice to Electoral Commission
36
Amendment of existing provisions about schemes for ordinary elections
Electoral areas in England
37
Metropolitan districts: councillors per ward
38
Change of name of electoral area
Election dates
39
Power to change date of local elections to date of European Parliamentary
general election
Part 3
Executive arrangements for England
40
41
Discharge of functions
42
Changing governance arrangements
43
Referendum following petition
44
Elected mayors
45
Elected executives
46
Other elected executive members
47
Meaning of “elected executive member”
48
Time of elections etc
iii
49
Voting at elections of elected executives
50
Leader and cabinet executives (England)
51
Time limit for holding further referendum
52
Interpretation
53
Further amendments & transitional provision
54
Supplementary provision
Part 4
Parishes
55
Parishes: alternative styles
56
Appointed councillors
Power to promote well-being
57
Extension of power to certain parish councils
58
Community strategies
Chapter 3
Reorganisation
Community governance reviews
59
60
Community governance petitions
61
Terms of reference of review
Reorganisation of community governance
62
Recommendations of review
63
Constitution of new parish
64
Existing parishes under review
65
New council: consequential recommendations
66
Council retained: consequential recommendations
67
Grouping or de-grouping parishes
68
County, district or London borough: consequential recommendations
Undertaking reviews
69
Duties when undertaking a review
70
Recommendations to create parish councils
71
Electoral recommendations: general considerations
iv
Publicising outcome of review
72
Publicising outcome
Miscellaneous
73
Supplementary regulations
74
Orders and regulations under this Chapter
75
76
Guidance
77
78
Part 5
Co-operation of English authorities with local partners, etc
Local area agreements
79
Application of Chapter: responsible local authorities
80
Application of Chapter: partner authorities
81
“Local improvement targets”: interpretation
82
Duty to prepare and submit draft of a local area agreement
83
Approval of draft local area agreement by Secretary of State
84
Duty to have regard to local improvement targets
85
Designated targets
86
Revision and addition of targets
87
Designated targets: revision proposals
88
Approval of revision proposal
89
Duty to publish information about local area agreement
90
Preparation of community strategy
91
Health and social care: joint strategic needs assessments
92
Interpretation of Chapter
93
Transitional provision
Overview and scrutiny committees
94
Reference of matter by councillor to overview and scrutiny committee
95
Power of overview and scrutiny committee to question members of authority
96
Powers to require information from partner authorities
97
Overview and scrutiny committees: reports and recommendations
98
Part 6
Byelaws
99
Alternative procedure for byelaws
100
Fixed penalties for breach of byelaws
101
Use of fixed penalty receipts
102
v
103
Community support officers etc
104
Revocation of byelaws
105
Further amendments relating to byelaws
Part 7
Best value
Best value authorities
106
Parish councils and community councils etc not to be best value authorities
Duties of best value authorities
107
Guidance about general best value duty
108
Involvement of local representatives
109
Abolition of performance indicators etc except for Welsh authorities
110
Abolition of best value performance reviews
Powers to modify enactments etc
111
Consultation with and consent of Welsh Ministers
112
Power of Welsh Ministers to modify enactments obstructing best value etc
Other
113
Grants to promote or facilitate exercise of functions by best value authorities
114
Best value: minor and consequential amendments
Part 8
Local services: inspection and audit
Constitution of the Audit Commission
115
Membership
116
Change of name
Audit Commission and auditors: functions and procedure
Benefits inspections
117
Powers of the Audit Commission relating to benefits
118
Benefit Fraud Inspectorate: transfers to the Audit Commission
Interaction with other authorities
119
Interaction of the Audit Commission with other authorities
120
Interaction of benefits inspectors with the Audit Commission
vi
Inspections and audit
121
Powers of auditors and inspectors to obtain information
122
Inspections of best value authorities
Studies and reports etc
123
National studies
124
Studies at request of particular bodies
125
Information about performance standards of local authorities etc
126
Reports on English local authorities
127
Reports categorising English local authorities
128
Appointment of auditors
129
Inspection and disclosure of personal information
130
Right to make objections at audit
131
Appointment of auditor to carry out agreed audits
132
Consent for the purposes of agreed audit
133
Publication of information by the Audit Commission
Audit Commission and Auditor General for Wales: disclosure of information
134
Disclosure of information obtained by the Audit Commission or an auditor
135
Disclosure of information obtained by the Auditor General for Wales or an
auditor
Part 9
The Commission for Local Administration in England
136
Appointment and removal of Commissioners
137
Annual reports
138
Making complaints etc electronically
139
Expenses of the Commission
140
Delegation
Part 10
Ethical standards
Conduct of local authority members
Codes of conduct
141
Conduct that may be covered by code
142
Certain references to code of conduct to include default code
vii
Conduct of members of authorities in England: assessment of allegations
143
Assessment of allegations
144
Information to be provided to Standards Board by relevant authority
Conduct of local authority members: miscellaneous amendments
145
Chairmen of standards committees
146
Sub-committees of standards committees
147
Joint committees of relevant authorities in England
148
Standards Board for England: functions
149
Ethical standards officers: investigations and findings
150
Ethical standards officers: reports etc
151
Disclosure by monitoring officers of ethical standards officers’ reports
152
Matters referred to monitoring officers
153
References to Adjudication Panel for action in respect of misconduct
154
Consultation with ombudsmen
155
Interim case tribunals
156
Case tribunals: England
157
Case tribunals: Wales
158
Exemption from Data Protection Act 1998
159
Supplementary and consequential provision
Employees
160
Politically restricted posts: grant and supervision of exemptions
161
Politically restricted posts: consequential amendments
162
Political assistants’ pay
Part 11
Joint Waste Authorities
163
Proposals for joint waste authorities in England
164
Consultation
165
166
Membership of joint waste authorities
167
168
Joint waste authorities in Wales
169
Part 12
The Valuation Tribunal for England
170
Establishment of the Tribunal
171
Consequential and transitional provision etc