Clause
170
Orders,
regulations and
guidance
Amendments
made: No. 236, in clause 170, page 122, line 41, after
‘section’ insert ‘(joint waste authorities in
Wales) or’.
No.
237, in
clause 170, page 122, line 42, at
end insert—
‘(2A) An order
under section (joint waste authorities in Wales), other than an order
to which subsection (2B) applies, is subject to annulment in pursuance
of a resolution of the National Assembly for
Wales.
(2B) An order under
section (joint waste authorities in Wales) which includes provision
amending an enactment may not be made unless a draft of the order has
been laid before and approved by a resolution of the National Assembly
for Wales.’.
No. 238, in
clause 170, page 123, line 1, leave
out ‘, 32 or 173’ and insert ‘or
32’.
No. 239,
in
clause 170, page 123, line 4, after
‘17’
insert—
‘or
(implementation of proposals by
order)’.
No.
240, in
clause 170, page 123, line 4, after
‘17’ insert ‘or
173’.
No. 241,
in
clause 170, page 123, line 14, at
end insert—
‘(4A) In
relation to an order under section
173—
(a) the reference
in subsection (3) above to an enactment includes an Act of the Scottish
Parliament or Northern Ireland legislation;
and
(b) the reference in that
subsection to subordinate legislation of which a draft was required to
be laid before and approved by a resolution of each House of Parliament
includes an instrument of which a draft was required to be laid before
and approved by a resolution of the Scottish
Parliament.’.
No.
242, in
clause 170, page 123, line 21, leave
out ‘or Chapter 1 of Part 5’ and
insert—
‘,
Chapter 1 of Part 5 or section (proposals for joint waste authorities
in England)’.—[Angela E.
Smith.]
Clause
170, as amended,
ordered to stand part of the
Bill.
Clauses
171 to 173
ordered to stand part of the
Bill.
Clause
174
Extent
Amendments
made: No. 243, in
clause 174, page 124, line 7, after
‘section’
insert—
‘(Power
to change date of local elections to date of European Parliamentary
general election)
or’.
No.
195, in
clause 174, page 124, line 7, at
end insert
‘(politically
restricted posts: consequential amendments) or
by’.
No.
244, in
clause 174, page 124, line 7, at
end insert ‘(consequential amendments) or
by’.
No. 260,
in
clause 174, page 124, line 8, after
first ‘Schedule’ insert
‘1,’.
No.
261, in
clause 174, page 124, line 8, after
‘Part’ insert
‘1,’.—[Mr.
Woolas.]
Clause
174, as amended, ordered to stand part of the
Bill.
3
pm
Clause
175
Commencement
Amendments
made: No. 245, in clause 175, page 124, line 25, at end
insert
‘except section
(Health and social care: joint strategic needs
assessments);’.
No.
246, in
clause 175, page 124, line 33, leave
out ‘and 108’ and insert
‘, 108 and (joint waste
authorities in Wales)’.—[Angela E.
Smith.]
Clause
175, as amended, ordered to stand part of the
Bill.
Clause
176 ordered to stand part of the Bill.
Schedule
1
Structural
and Boundary Change: Consequential
Amendments
Amendments
made: No. 247, in schedule 1, page 127, line 21, leave out
from beginning to ‘(electoral’ and
insert—
‘(1) The Local
Government Act 1972 is amended as
follows.
(2) In section
6(2)(a)’.
No.
248, in
schedule 1, page 127, line 23, at
end insert—
‘(3) In section
12 (supplementary provision about orders to dissolve parish councils
etc)—
(a) in subsection
(2), for the words from “section 20” to the end
substitute “section 16 of the Local Government and Public
Involvement in Health Act 2007 (agreements about incidental matters)
shall apply as if—
(a)
the reference in subsection (1) to an order under section 7 or 10 of
that Act were to an order under section 10 or 11 of this Act;
and
(b) the reference in
subsection (5)(b) to any order or regulations under Chapter 1 of Part 1
of that Act were to an order under section 10 or 11 of this
Act.”;
(b) in subsection
(3), for “such order” substitute “order under
section 10 or 11
above”.
(4) In Schedule
2 (constitution and membership of London borough councils), in
paragraph 7, in each of sub-paragraphs (1)(b) and (2) after
“1992” insert “or Part 1 of the Local Government
and Public Involvement in Health Act
2007”.
Race
Relations Act 1976
(c. 74)
12
In Schedule 1A to the Race Relations Act 1976 (bodies and other persons
subject to general statutory duty), in Part 1, omit paragraph
33.
Rent Act 1977
(c. 42)
13
In section 62(1) of the Rent Act 1977 (registration areas), after
“1992” insert “or Part 1 of the Local Government
and Public Involvement in Health Act 2007 (orders constituting new
local government areas
etc)”.
Interpretation
Act 1978
(c. 30)
14
In Schedule 1 to the Interpretation Act 1978 (words and expressions
defined), in the definition of “London borough” for
“or Part II of the Local Government Act 1992” substitute
“, Part 2 of the Local Government Act 1992 or Part 1 of the
Local Government and Public Involvement in Health Act
2007”.
Coroners Act
1988
(c. 13)
15
In section 1 of the Coroners Act 1988 (appointment of
coroners)—
(a) in
subsection (1)(b), after “1992” insert “or Part 1
of the Local Government and Public Involvement in Health Act
2007”;
(b) in subsection
(1A)(e) for “or section 17 of the Regional Assemblies
(Preparations) Act 2003” substitute “, section 17 of the
Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local
Government and Public Involvement in Health Act
2007”.
Local Government
Finance Act 1988
(c. 41)
16 (1) The
Local Government Finance Act 1988 is amended as
follows.
(2) In section 74(2A)
(levies), for “or section 17 of the Regional Assemblies
(Preparations) Act 2003” substitute “, section 17 of the
Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local
Government and Public Involvement in Health Act
2007”.
(3) In section 89 (collection
funds)—
(a) in
subsection (2), for “subsection (2A)” substitute
“subsections (2A) to
(2C)”;
(b) after
subsection (2B)
insert—
“(2C) In
the case of—
(a) a
district council or London borough council established by an order
under Part 1 of the Local Government and Public Involvement in Health
Act 2007, or
(b) a county
council to which the functions of district councils in relation to the
county council’s area are transferred by or in consequence of
such an order,
the collection
fund must be established on a date specified in the order or in
regulations made under section 14 of that
Act.”
(4) In section 91
(general funds)—
(a) in
subsection (1)(aa) for “or section 17 of the Regional Assemblies
(Preparations) Act 2003” substitute “, section 17 of the
Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local
Government and Public Involvement in Health Act
2007”;
(b) in subsection
(3) for “and (3C)” substitute “to
(3D)”;
(c) in subsection
(3B) omit “(in this section referred to as “the
reorganisation
date”)”;
(d)
after subsection (3C)
insert—
“(3D) In
the case of—
(a) a
district council or London borough council established by an order
under Part 1 of the Local Government and Public Involvement in Health
Act 2007, or
(b) a county
council to which the functions of district councils in relation to the
county council’s area are transferred by or in consequence of
such an order,
the general fund
must be established on a date specified in the order or in regulations
made under section 14 of that
Act.”;
(e) in subsection
(8) for “county council such as is referred to in subsection
(3B)(b) above” substitute “relevant county
council”;
(f) after
subsection (8)
insert—
“(9) In
subsection
(8)—
“relevant
county council”
means—
(a) a county
council such as is referred to in subsection (3B)(b) above,
or
(b) an existing county
council to which the functions of district councils in relation to the
county council’s area are transferred by or in consequence of an
order under Part 1 of the Local Government and Public Involvement in
Health Act 2007,
and
“the reorganisation
date” means the date on which the council is required by this
section to establish its general
fund.”
Food
Safety Act 1990
(c. 16)
17
In section 27(5) of the Food Safety Act 1990 (appointment of public
analysts), omit the words “pursuant to a structural
change”.
Environment
Act 1995 (c. 25)
18 (1)
The Environment Act 1995 is amended as
follows.
(2) In section 75(8)
(National Parks: powers to make orders), for “Part II of the
Local Government Act 1992” substitute “Part 1 of the
Local Government and Public Involvement in Health Act
2007”.
(3) In section
79(1) (interpretation of Part 3), in the definition of “public
authority”—
(a)
omit the words “or residuary
body”;
(b) after
“1992” insert “, any residuary body established
under section 17 of the Local Government and Public Involvement in
Health Act 2007”.
Police Act 1996
(c. 16)
19 (1) The
Police Act 1996 is amended as
follows.
(2) In section 1(2)(a)
(police areas), for “or section 17 of the Local Government Act
1992” substitute “section 17 of the Local Government Act
1992 or Part 1 of the Local Government and Public Involvement in Health
Act 2007”.
(3) In
section 100(1) (chief constables affected by local government
reorganisations etc), for “section 17 of the Local Government
Act 1992” substitute “Part 1 of the Local Government and
Public Involvement in Health Act
2007”.
Freedom of
Information Act 2000
(c. 36)
20
In Schedule 1 to the Freedom of Information Act 2000 (public
authorities), in paragraph 23 for “section 22 of the Local
Government Act 1992” substitute “section 17 of the Local
Government and Public Involvement in Health Act
2007”.
Regional
Assemblies (Preparations) Act 2003
(c. 10)
21 (1) In the
Regional Assemblies (Preparations) Act 2003, after section 27
insert—
“27A
Saving for provisions of Local Government Act 1992 as
applied
(1) In this section
“the relevant time” means the coming into force of the
repeals in the Local Government Act 1992 made by Part 1 of Schedule 1
to the Local Government and Public Involvement in Health Act
2007.
(2) This Act shall have
effect from the relevant time as if those repeals had not been
made.”
(2) The power
under section 173 of this Act to amend the Regional Assemblies
(Preparations) Act
2003—
(a) is not limited
by this paragraph;
(b) includes
power to amend or repeal section 27A of that
Act.
Fire and Rescue Services
Act 2004 (c. 21)
22 (1)
The Fire and Rescue Services Act 2004 is amended as
follows.
(2) In section 2
(power to create combined fire and rescue authorities), in each of
subsections (9)(c) and (10)(a), for “Part 2 of the Local
Government Act 1992 (c.19) or section 17 of the Regional Assemblies
(Preparations) Act 2003 (c.10)” substitute “section 17 of
the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local
Government and Public Involvement in Health Act
2007”.
(3) In section
4(7)(b) (combined authorities under the Fire Services Act 1947), for
“Part 2 of the Local Government Act 1992 (c.19) or section 17 of
the Regional Assemblies (Preparations) Act 2003 (c.10)”
substitute “section 17 of the Regional Assemblies (Preparations)
Act 2003 or Part 1 of the Local Government and Public Involvement in
Health Act 2007”.’.—[Angela E.
Smith.]
Schedule
1, as amended, agreed
to.
Schedules 2
to 4
agreed
to.
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