House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Report Stage Proceedings: 17th May 2007
243

Local Government and Public Involvement, continued

new Clauses and amendments relating to chapter 2 of part 5

Joint overview and scrutiny committees: local improvement targets

Secretary Ruth Kelly

Added  NC8

To move the following Clause:—

‘(1)
For the purposes of this section, “group of partner authorities” means—

(a)
a county council in England; and

(b)
one or more district councils which are partner authorities of it.

(2)
The Secretary of State may by regulations make provision under which a group

of partner authorities may—

(a)
appoint a joint committee (a “joint overview and scrutiny committee”);

and

(b)
arrange for any functions of making reports and recommendations falling

within subsection (3) to be exercisable by the committee.

(3)
A report or recommendation falls within this subsection if—

(a)
it concerns a matter which—

(i)
relates to the attainment of any local improvement target

specified for the time being in a relevant local area agreement;

and

(ii)
is not an excluded matter; and

(b)
it is made to—

(i)
the county council, or

(ii)
the county council and one or more district councils,


in the group of partner authorities.

(4)
In subsection (3)—

(a)
“excluded matter” means any matter with respect to which a crime and

disorder committee could make a report or recommendations—

(i)
by virtue of subsection (1)(b) of section 19 of the Police and

Justice Act 2006 (c. 48) (local authority scrutiny crime and

disorder matters); or

(ii)
under subsection (6) of that section;

(b)
the reference to a report or recommendations being made to a county

council or district council is, in the case of a local authority operating

executive arrangements under Part 2 of the Local Government Act 2000

(c. 22), to be read as a reference to a report or recommendations being

made to the local authority or its executive.

(5)
Regulations under subsection (2) may in particular—

(a)
provide for arrangements to be made only in circumstances, or subject to

conditions or limitations, specified by the regulations;

(b)
in relation to joint overview and scrutiny committees, make provision

applying, or corresponding to, any provision of—

(i)
section 21(4) and (6) to (12) of the Local Government Act 2000

(c. 22),

(ii)
sections 21A to 21D of that Act, or

(iii)
section 246 of, and Schedule 17 to, the National Health Service

Act 2006 (c. 41),


with or without modifications;

(c)
make provision—

Report Stage Proceedings: 17th May 2007
244

Local Government and Public Involvement, continued

(i)
as to relevant information which associated authorities must

provide to a joint overview and scrutiny committee (or, if the

regulations make provision for the appointment of sub-

committees of such a committee, to such a sub-committee); and

(ii)
as to information which may not be disclosed by an associated

authority to a joint overview and scrutiny committee (or, if the

regulations make provision for the appointment of sub-

committees of such a committee, to such a sub-committee).

(6)
For the purposes of subsection (5)(c), in relation to a joint overview and scrutiny

committee—

“associated authority” means—

(a)
the county council in the group of partner authorities which

appointed the joint overview and scrutiny committee; or

(b)
any person which is a partner authority in relation to that council

other than—

(i)
a police authority; or

(ii)
a chief officer of police;

“relevant information”, in relation to an associated authority, means

information which is relevant to a local improvement target in a relevant

local area agreement which relates to the associated authority;


and section 81(2) or (3) applies for the purpose of determining whether a local

improvement target relates to an associated authority.

(7)
Regulations under this section may not make provision of a kind mentioned in

subsection (5)(c) with respect to information in respect of which provision may

be made in exercise of the power conferred by section 20(5)(c) or (d) of the Police

and Justice Act 2006 (c. 48) (guidance and regulations regarding crime and

disorder matters).

(8)
In this section—

(a)
“relevant local area agreement”, in relation to a joint overview and

scrutiny committee, means a local area agreement of the county council

in the group of partner authorities which appointed the committee; and

(b)
“local area agreement”, “local improvement target” and “partner

authority” have the same meanings as in Chapter 1 of this Part.

(9)
Any group of partner authorities and any joint overview and scrutiny committee

must, in exercising or deciding whether to exercise any functions conferred on it

by or by virtue of regulations under this section, have regard to any guidance

issued by the Secretary of State.’.

Overview and scrutiny committees of district councils  : local improvement targets

Secretary Ruth Kelly

Added  NC9

To move the following Clause:—

‘After section 21D of the Local Government Act 2000 (c. 22) (inserted by section

97) insert—

Report Stage Proceedings: 17th May 2007
245

Local Government and Public Involvement, continued

“21E
Overview and scrutiny committees of certain district councils:

functions with respect to partner authorities

(1)
This section applies to any district council which is a partner authority in

relation to a county council (“the related county council”).

(2)
The Secretary of State may by regulations make provision under which a

district council to which this section applies may confer on their

overview and scrutiny committee, or any of their overview and scrutiny

committees, power to make reports and recommendations to the related

county council, or that council’s executive, which relate to any local

improvement target which—

(a)
relates to a relevant partner authority, and

(b)
is specified in a local area agreement of the county council.

(3)
Regulations under subsection (2) may make provision applying or

reproducing any provision of section 21B, 21C or 21D (with or without

modifications).

(4)
For the purposes of this section—

(a)
“relevant partner authority”, in relation to a district council,

means—

(i)
the related county council, or

(ii)
any other authority which are a partner authority in

relation to that county council, other than—

(a)
a police authority, or

(b)
a chief officer of police,

(b)
“local area agreement”, “local improvement target” and “partner

authority” have the same meanings as in Chapter 1 of Part 5 of

the Local Government and Public Involvement in Health Act

2007, and

(c)
section 81(2) or (3) of that Act applies for the purpose of

determining whether a local improvement target relates to a

relevant partner authority.” ’.

Guidance

Secretary Ruth Kelly

Added  NC10

To move the following Clause:—

‘In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny

committees: authorities operating executive arrangements), at the end insert—

“(16)
In exercising, or deciding whether to exercise, any of its functions—

(a)
an overview and scrutiny committee of a local authority in

England, or a sub-committee of such a committee, must have

regard to any guidance for the time being issued by the Secretary

of State; and

(b)
an overview and scrutiny committee of a local authority in

Wales, or a sub-committee of such a committee, must have

Report Stage Proceedings: 17th May 2007
246

Local Government and Public Involvement, continued

regard to any guidance for the time being issued by the Welsh

Ministers.

(17)
Guidance under subsection (16) may make different provision for

different cases or for different descriptions of committee or sub-

committee.” ’.

Overview and scrutiny committees:consequential amendments

Secretary Ruth Kelly

Added  NC11

To move the following Clause:—

‘(1)
In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny

committees)—

(a)
in subsection (4)—

(i)
after “this section” insert “, sections 21A to 21C”; and

(ii)
at the end insert “or any functions which may be conferred on it

by virtue of regulations under section 21E”; and

(b)
omit subsection (8).

(2)
For section 32(3) of that Act (alternative arrangements) substitute—

“(3)
Regulations under this section may make provision with respect to

committees or sub-committees falling within subsection (1)(b),

including—

(a)
in the case of regulations made by the Secretary of State,

provision which applies or reproduces (with or without

modifications)—

(i)
any provision of sections 21 to 21D or paragraphs 7 and

9 to 11 of Schedule 1,

(ii)
any provision made under section 21E or 22A,

(iii)
any provision of section 246 of, or Schedule 17 to, the

National Health Service Act 2006, or

(iv)
any provision made under section 244 of that Act, and

(b)
in the case of regulations made by the Welsh Ministers,

provision which applies or reproduces (with or without

modifications)—

(i)
any provision of section 21 or 21A(1)(a) or (b) or (2) or

paragraphs 8 to 11 of Schedule 1,

(ii)
any provision of Schedule 17 to the National Health

Service Act 2006,

(iii)
any provision of section 186 of, or Schedule 11 to, the

National Health Service (Wales) Act 2006, or

(iv)
any provision made under section 184 of that Act.”.

(3)
In section 245(3)(b) of the National Health Service Act 2006 (c. 41) (joint

overview and scrutiny committees etc)—

(a)
in sub-paragraph (i), for “(15)” substitute “(17)”; and

(b)
after that sub-paragraph insert—

“(ia)
sections 21A to 21D of that Act,

Report Stage Proceedings: 17th May 2007
247

Local Government and Public Involvement, continued

(ib)
section 22A of that Act,”.

(4)
In section 185(3)(b) of the National Health Service (Wales) Act 2006 (c. 42)

(joint overview and scrutiny committees etc)—

(a)
in sub-paragraph (i), for “(15)” substitute “(17)”; and

(b)
after that sub-paragraph insert—

“(ia)
section 21A(1)(a) or (b) or (2) of that Act,” ’.

Local authority scrutiny of crime and disorder matters

Mrs Caroline Spelman

Alistair Burt

Mr Robert Syms

Michael Fabricant

Robert Neill

Mr Philip Dunne

Not called  NC32

To move the following Clause:—

‘(1)
Section 19 of the Police and Justice Act 2006 (c. 48) (local authority scrutiny of

crime and disorder matters) is amended as follows.

(2)
Omit subsections (3) to (7).

(3)
In subsection (8) omit “or (7)”.

(4)
In subsection (11) omit the definition of “local crime and disorder matters.”.’.

Secretary Ruth Kelly

Agreed to  96

Page  62,  line  29  [Clause  94],  leave out from beginning to ‘insert’ in line 33 and

insert ‘After section 21 of the Local Government Act 2000 (c. 22)’.

Secretary Ruth Kelly

Agreed to  97

Page  64  [Clause  94],  leave out line 6.

Secretary Ruth Kelly

Agreed to  98

Page  64,  line  38  [Clause  96],  at end insert—

‘(4)
The Secretary of State may also by regulations make provision, in relation to a

relevant district council committee—

(a)
as to information which associated authorities must provide to the

relevant district council committee, and

(b)
as to information which may not be disclosed by an associated authority

to the relevant district council committee.

Report Stage Proceedings: 17th May 2007
248

Local Government and Public Involvement, continued

(5)
In subsection (4), references to information do not include information in respect

of which provision may be made in exercise of the power conferred by section

20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations

regarding crime and disorder matters).

(6)
For the purposes of subsection (4)—

“relevant district council committee” means—

(c)
an overview and scrutiny committee of a district council which

is not a responsible local authority (“the district council”), or

(d)
a sub-committee of such a committee;

“associated authority”, in relation to a relevant district council committee,

means—

(e)
the county council which is the responsible local authority in

relation to the district council, or

(f)
any person (other than the district council) which is a partner

authority in relation to that county council, other than—

(i)
a police authority, or

(ii)
a chief officer of police;


and for this purpose, “responsible local authority” and “partner authority” have

the same meanings as in Chapter 1 of Part 5 of the Local Government and Public

Involvement in Health Act 2007.

(7)
Regulations under this section may make different provision in relation to

different persons or committees or descriptions of person or committee.

(8)
The power conferred by subsection (7) does not affect the power conferred by

section 105(2)(b).” ’.

Secretary Ruth Kelly

Agreed to  99

Page  64,  line  39  [Clause  96],  leave out subsection (2).

Secretary Ruth Kelly

Agreed to  100

Page  66,  line  33  [Clause  97],  leave out ‘Primary Care Trust’ and insert ‘health

service body’.

Secretary Ruth Kelly

Agreed to  101

Page  66,  line  36  [Clause  97],  leave out ‘Primary Care Trust’ and insert ‘health

service body’.

Secretary Ruth Kelly

Agreed to  102

Page  66,  line  36  [Clause  97],  at end insert—

‘( )
In subsection (5), “health service body” means—

(a)
a National Health Service trust,

(b)
an NHS foundation trust, or

Report Stage Proceedings: 17th May 2007
249

Local Government and Public Involvement, continued

(c)
a Primary Care Trust.’.

Mrs Caroline Spelman

Alistair Burt

Mr Robert Syms

Michael Fabricant

Robert Neill

Mr Philip Dunne

Not called  193

Page  67,  line  8  [Clause  97],  leave out from ‘England,’ to ‘or’ in line 10.

Mrs Caroline Spelman

Alistair Burt

Mr Robert Syms

Michael Fabricant

Robert Neill

Mr Philip Dunne

Not called  256

Page  67,  line  11  [Clause  97],  at end insert—

‘(iv)
a district council in England other than those described in sub-

paragraph (ii), or’.

Secretary Ruth Kelly

Agreed to  103

Page  69,  line  4  [Clause  97],  leave out ‘local authority executives’ and insert

‘executives of local authorities in England’.

Secretary Ruth Kelly

Agreed to  104

Page  69,  line  4  [Clause  97],  at end insert ‘, or under any provision of regulations

under section 21E which applies or reproduces (with or without modifications) any

provision of section 21B,’.

Secretary Ruth Kelly

Agreed to  105

Page  69,  line  12  [Clause  97],  leave out subsection (3).

Secretary Ruth Kelly

Agreed to  106

Page  69,  line  16  [Clause  98],  after ‘applies’ insert ‘(in addition to the cases

mentioned in subsection (1) of that section)’.