House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 22nd May 2007
332

Local Government and Public Involvement, continued

      (3)
In section 5A (reports of monitoring officer - local authorities operating

executive arrangements), in subsection (3)(b), for “injustice” substitute

“failure”.

Greater London Authority Act 1999 (c. 29)

13
In section 73(6) of the Greater London Authority Act 1999 (monitoring

officer), for “injustice” substitute “failure”.

Local Government Act 2000 (c. 22)

14  (1)
The Local Government Act 2000 is amended as follows.

      (2)
In section 62 (further provisions about investigations by ethical standards

officers), in subsection (7)(b) for “by any members or officers of the

Commission for Local Administration in England” substitute “obtained in

connection with investigations under Part 3 of that Act (Commission for Local

Administration in England)”.

      (3)
In section 67(2) (consultation by Local Commissioners with ethical standards

officers)—

(a)
for “the complaint relates” substitute “the matters which are the

subject of the investigation relate”;

(b)
after “about the investigation and” insert “, where a complaint was

made about the matter, he may”.

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

15
In section 114 of the Health and Social Care (Community Health and

Standards) Act 2003 (complaints about social services), in subsection (5)(a)

for “(and to be treated as if it had been duly made under section 26 of that Act)”

substitute “(and for the complaint to be treated as satisfying sections 26A and

26B of that Act)”.’.

Secretary Ruth Kelly

Added  NS3

To move the following Schedule:—

‘Consequential amendments relating to entities controlled etc by local

authorities

Prevention of Corruption Act 1916 (c. 64)

1    (1)
Section 4 of the Prevention of Corruption Act 1916 (interpretation etc) is

amended as follows.

      (2)
In subsection (2)—

(a)
after “United Kingdom)” insert “and any entity which is under the

control of a local authority or jointly controlled by bodies that include

a local authority”;

(b)
omit the words from “and companies” to “local authorities”.

      (3)
After subsection (3) insert—

“(4)
For the purposes of subsection (2)—

    “an entity under the control of a local authority”, and

Report Stage Proceedings: 22nd May 2007
333

Local Government and Public Involvement, continued

    “an entity jointly controlled by bodies that include a local

        authority”,


have the meanings given for the purposes of that subsection by order

under section (Definition of certain terms for purposes of other

enactments: England) of the Local Government and Public

Involvement in Health Act 2007.”

Local Government Act 1972 (c. 70)

2    (1)
Section 80 of the Local Government Act 1972 (disqualifications for election

and holding office as member of local authority) is amended as follows.

      (2)
In subsection (1), for paragraph (aa) substitute—

“(aa)
holds any employment in an entity which is under the control

of the local authority; or”.

      (3)
After subsection (3) insert—

“(3A)
In subsection (1)(aa) as it applies in relation to a local authority in

England, the reference to an entity under the control of the local

authority has the meaning given by order under section (Definition of

certain terms for purposes of other enactments: England) of the Local

Government and Public Involvement in Health Act 2007.

(3B)
In subsection (1)(aa) as it applies in relation to a local authority in

Wales, that reference has the meaning given by order under section

(Definition of certain terms for purposes of other enactments: Wales)

of that Act.”

Local Government, Planning and Land Act 1980 (c. 65)

3    (1)
The Local Government, Planning and Land Act 1980 is amended as follows.

      (2)
In section 98 (disposal of land at direction of Secretary of State)—

(a)
in subsection (8)(d)—

(i)
for “bodies” substitute “authorities”;

(ii)
for the words from “a company” to the end substitute “an

entity which is under the control of that body, subject to its

influence or jointly controlled by it and one or more other

bodies”;

(b)
in subsection (8A) for “bodies” substitute “authorities”.

      (3)
In section 100 (interpretation etc of Part 10)—

(a)
in subsection (1)(a), for the words from “a company” to “interests)”

substitute “an entity which is under the control of that body, subject to

its influence or jointly controlled by it and one or more other bodies”;

(b)
after subsection (1) insert—

“(1ZA)
In relation to a body in England to whom this Part of this Act

applies, references in this Part to—

(a)
an entity under the control of the body,

(b)
an entity subject to the influence of the body, and

(c)
an entity jointly controlled by the body and one or

more other bodies,


have the meanings given by order under section (Definition of

certain terms for purposes of other enactments: England) of

the Local Government and Public Involvement in Health Act

2007.

Report Stage Proceedings: 22nd May 2007
334

Local Government and Public Involvement, continued

(1ZB)
In relation to a body in Wales to whom this Part of this Act

applies, those references have the meanings given by order

under section (Definition of certain terms for purposes of

other enactments: Wales) of that Act.”

Environment Act 1995 (c. 25)

4    (1)
Paragraph 7 of Schedule 7 to the Environment Act 1995 (National Park

authorities) is amended as follows.

      (2)
In sub-paragraph (2) for the words from “a company” to the end substitute “an

entity which is under the control of that authority”.

      (3)
After sub-paragraph (4) insert—

“(4A)
In sub-paragraph (2) as it applies in relation to a National Park

authority in England, the reference to an entity under the control of the

authority has the meaning given by order under section (Definition of

certain terms for purposes of other enactments: England) of the Local

Government and Public Involvement in Health Act 2007.

(4B)
In sub-paragraph (2) as it applies in relation to a National Park

authority in Wales, that reference has the meaning given by order

under section (Definition of certain terms for purposes of other

enactments: Wales) of that Act.”

Local Government Act 2003 (c. 26)

5    (1)
The Local Government Act 2003 is amended as follows.

      (2)
In section 18 (local authority companies etc)—

(a)
in subsection (2), at the end of paragraph (a) insert “and”, and for

paragraphs (b) and (c) substitute—

“(b)
an entity which is, or the trustees of a trust which is—

(i)
under the control of a local authority or

Passenger Transport Executive,

(ii)
subject to the influence of such an authority

or Executive, or

(iii)
jointly controlled by bodies that include such

an authority or Executive.”

(b)
after subsection (2) insert—

“(2A)
The references in subsection (2)(b) to—

(a)
“an entity under the control of” and “a trust under the

control of” a local authority or Passenger Transport

Executive,

(b)
“an entity subject to the influence of” and “a trust

subject to the influence of” such an authority or

Executive, and

(c)
“an entity jointly controlled by bodies that include”

and “a trust jointly controlled by bodies that include”

such an authority or Executive,


have the meanings given by order under section (Definition of

certain terms for purposes of other enactments: England) of

the Local Government and Public Involvement in Health Act

2007.”

      (3)
The provision in section 24 of that Act (Wales) is renumbered subsection (1)

of that section, and after that provision there is inserted—

Report Stage Proceedings: 22nd May 2007
335

Local Government and Public Involvement, continued

“(2)
In its application to Wales, section 18 has effect as if—

(a)
any reference to a Passenger Transport Executive were

omitted, and

(b)
for the reference in subsection (2A) to section (Definition of

certain terms for purposes of other enactments: England) of

the Local Government and Public Involvement in Health Act

2007 there were substituted a reference to section (Definition

of certain terms for purposes of other enactments: Wales) of

that Act.”

      (4)
In section 95 (power to trade in function-related activities through a

company)—

(a)
in subsection (4) omit the words from “within” to the end;

(b)
for subsections (5) and (6) substitute—

“(5)
An order under section (Entities controlled etc by local

authorities) of the Local Government and Public Involvement

in Health Act 2007 (regulation of entities controlled etc by

local authorities) may include provision applying any of the

provisions of that order, with or without modifications—

(a)
to a company through which a relevant authority

which is not a local authority for the purposes of that

section exercises or proposes to exercise powers

conferred by order under this section; or

(b)
to such a relevant authority, or members or officers of

such a relevant authority, in relation to such a

company.

(6)
Any requirement or prohibition imposed on or in relation to a

company by virtue of subsection (5) must relate to the doing

for a commercial purpose of the thing to which the order under

this section relates.”;

(c)
in subsection (7), before the definition of “ordinary functions”

insert—

““company” means—

(a)
a company within the meaning given by section 1(1) of the

Companies Act 2006; or

(b)
a society registered or deemed to be registered under the

Industrial and Provident Societies Act 1965 or the Industrial and

Provident Societies Act (Northern Ireland) 1969,”.

      (5)
In subsection 96(5) (definition of “company”) for the words from “Part 5” to

the end substitute “section 95”.

      (6)
In section 100(2)(a) (exercise of powers by reference to authorities’

performance categories), for the words from “section 70” to the end substitute

“section (Entities controlled etc by local authorities) of the Local Government

and Public Involvement in Health Act 2007”.

Public Audit (Wales) Act 2004 (c. 23)

6    (1)
Section 48 of the Public Audit (Wales) Act 2004 (permitted methods of

publishing information) is amended as follows.

      (2)
In subsection (3)(a) for “a local authority company” substitute “an entity under

the control of a local authority”.

      (3)
For subsections (5) and (6) substitute—