Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
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Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change
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Supplementary
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Correction of orders
(1)
Where—
(a)
an order under any provision of this Chapter has been made by the
Secretary of State, and
5
(b)
the Secretary of State is satisfied that there is a mistake in the order
which cannot be rectified by a subsequent order made under that
provision by virtue of section 14 of the Interpretation Act 1978 (c. 30)
(power to amend),

the Secretary of State may rectify the mistake by order under this section.
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(2)
For the purposes of this section, a “mistake” in an order includes a provision
contained in or omitted from the order in reliance on inaccurate or incomplete
information supplied by any public body.
(3)
In subsection (2) “public body” includes a parish council.
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Pre-commencement invitations etc
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(1)
In this section a “pre-commencement invitation” means an invitation given by
the Secretary of State before the commencement of this Chapter which, after
that commencement, could have been given under the power in section 2.
(2)
If before the commencement of this Chapter—
(a)
a pre-commencement invitation was given,
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(b)
guidance as to what a proposal should seek to achieve, or as to matters
that should be taken into account in formulating a proposal, was given
by the Secretary of State in connection with such an invitation,
(c)
a proposal was made in response to such an invitation, or
(d)
consultation was carried out by the Secretary of State in relation to such
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a proposal,

it is immaterial that the invitation or guidance was given, the proposal made,
or the consultation carried out, before rather than after the commencement of
this Chapter.
(3)
Accordingly (and without prejudice to the generality of subsection (2))—
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(a)
any reference in this Chapter to an invitation under section 2 includes
a pre-commencement invitation;
(b)
any reference in this Chapter to a proposal made by virtue of section 2
includes a proposal (whenever made) made in response to a pre-
commencement invitation;
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(c)
any reference in this Chapter to the Secretary of State’s receiving a
proposal in response to an invitation under section 2 includes his
receiving before the commencement of this Chapter a proposal made in
response to a pre-commencement invitation.
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Consequential amendments
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Schedule 1 (amendments consequential on this Chapter) has effect.

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change
15

23
Definitions for purposes of Chapter 1
(1)
In this Chapter—
“the Boundary Committee” means the Boundary Committee for England;
“local authority” means a county council in England, a district council in
England or a London borough council;
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“local government area” means a county in England, a district in England
or a London borough;
“principal authority” has the meaning given by section 1;
“public body” includes—
(a)
a local authority;
10
(b)
a police authority;
(c)
a residuary body established under section 17;
(d)
a joint board, or joint committee, on which a local authority is
represented;
(e)
a levying body within the meaning of section 74(1) of the Local
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Government Finance Act 1988 (c. 41);
“single-tier” has the meaning given by subsection (2);
“staff” includes officers and employees;
“two-tier” has the meaning given by subsection (2);
“Type A”, “Type B”, “Type C” and “combined”, in relation to a proposal,
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have the meanings given by section 2.
(2)
For the purposes of this Chapter an area is—
(a)
“single-tier” if there is a single tier of local government for it (within the
meaning of section 1) or it is a London borough; and
(b)
“two-tier” if it is—
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(i)
a district for which there is a district council and in relation to
which a county council has the functions of a county council; or
(ii)
a county for which there is a county council and in which there
are districts all of which have district councils.
(3)
Any reference in this Chapter to a proposal “in response to” an invitation or
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direction under section 2 is to a Type A, Type B, Type C or combined proposal
which—
(a)
is in response to such an invitation or direction; and
(b)
is in accordance with the invitation or direction and section 3(4).
(4)
Any reference in this Chapter, however framed, to a body affected by an order
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includes a body—
(a)
whose area or functions are affected by the order;
(b)
which is to cease to exist in pursuance of the order; or
(c)
which is established by or in consequence of the order.

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 2 — Control of disposals etc
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Chapter 2
Control of disposals etc
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Authorities dissolved by orders: control of disposals, contracts and reserves
(1)
The Secretary of State may direct that, with effect from a date specified in the
direction, a relevant authority may not without the written consent of a person
5
or persons so specified—
(a)
dispose of any land if the consideration for the disposal exceeds
£100,000;
(b)
enter into any capital contract—
(i)
under which the consideration payable by the relevant
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authority exceeds £1,000,000; or
(ii)
which includes a term allowing the consideration payable by
the relevant authority to be varied;
(c)
enter into any non-capital contract under which the consideration
payable by the relevant authority exceeds £100,000, where—
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(i)
the period of the contract extends beyond a date specified in the
direction; or
(ii)
under the terms of the contract, that period may be extended
beyond that date; or
(d)
include an amount of financial reserves in a calculation under section
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32(3) or 43(3) of the Local Government Finance Act 1992 (c. 14).
(2)
In this Chapter “relevant authority” means a local authority—
(a)
which by virtue of an order under section 7 or 10 is to be dissolved; and
(b)
which is specified, or of a description specified, in the direction.
(3)
In this section—
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“capital contract” means a contract as regards which the consideration
payable by the relevant authority would be capital expenditure for the
purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (c. 26)
(capital finance);
“non-capital contract” means a contract which is not a capital contract.
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(4)
A person specified in the direction as a person whose consent is required may
be the Secretary of State or such authority or other person as he thinks
appropriate; and the direction may specify different persons—
(a)
in relation to different matters for which consent is required;
(b)
in relation to different relevant authorities or descriptions of relevant
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authority.
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Directions: further provision about reserves
(1)
A direction under section 24—
(a)
may provide that the consent of the person or persons specified in the
direction is not required for the inclusion, in a calculation under section
40
32(3) or 43(3) of the Local Government Finance Act 1992, of financial
reserves of a description specified in the direction;
(b)
may, in relation to any authority or description of authority, provide
that that consent is not required for the inclusion in such a calculation

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 2 — Control of disposals etc
17

of an amount of financial reserves not exceeding an amount specified
in or determined under the direction.
(2)
If a direction contains provision by virtue of subsection (1), the reference in
section 24(1)(d) to an amount of financial reserves is to be read as a reference
to an amount of financial reserves other than an amount permitted by the
5
direction.
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Directions: supplementary
(1)
In this section “direction” means a direction under section 24.
(2)
A consent for the purposes of a direction may be given—
(a)
in respect of a particular disposal or contract, or in respect of disposals
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or contracts of any description;
(b)
unconditionally or subject to conditions.
(3)
The following enactments have effect subject to any direction—
(a)
section 123 of the Local Government Act 1972 (c. 70) (power to dispose
of land);
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(b)
any other enactment relating to the disposal of land by local authorities.
(4)
The consent required by a direction is in addition to any consent required by
the enactments mentioned in subsection (3)(a) and (b).
(5)
Where the consideration or any of the consideration under a contract is not in
money, the limits specified in a direction by virtue of section 24(1)(a) to (c)
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apply to the value of the consideration.
(6)
Where—
(a)
a question arises in relation to a direction as to the value of any
consideration, and
(b)
the relevant authority concerned and the person or persons specified
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under section 24(1) fail to reach agreement,

the value is to be determined by the Secretary of State.
(7)
A direction may be varied or revoked by a subsequent direction.
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Consideration to be taken into account for purposes of direction
(1)
In determining whether the limit specified in a direction by virtue of section
30
24(1)(a) is exceeded in the case of a disposal of land by a relevant authority, the
consideration with respect to any other disposal of land made after 31
December 2006 by the relevant authority is to be taken into account.
(2)
In determining whether a limit specified in a direction by virtue of section
24(1)(b) or (c) is exceeded in the case of a contract entered into by a relevant
35
authority (“the contract in question”), the consideration payable by the
relevant authority under any other relevant contract shall be taken into
account.
(3)
For the purposes of subsection (2) a “relevant contract” means a contract which
is either or both—
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(a)
a contract entered into after 31 December 2006 by the relevant authority
and the person with whom the contract in question is entered into;

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 2 — Control of disposals etc
18

(b)
a contract entered into after that date by the relevant authority which
relates to the same or a similar description of matter as that to which the
contract in question relates.
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Contraventions of direction
(1)
A disposal made in contravention of a direction under section 24 is void.
5
(2)
A contract entered into by an authority (“the old authority”) in contravention
of a direction under section 24 is not enforceable against a successor.
(3)
In subsection (2) a “successor” means a local authority (other than the old
authority)—
(a)
which is established by an order under section 7 or 10; and
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(b)
whose area consists of or includes the whole or part of the area of the
old authority.
(4)
A contract which apart from this subsection would be a certified contract for
the purposes of the Local Government (Contracts) Act 1997 (c. 65) is not a
certified contract for those purposes if it is entered into in contravention of a
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direction under section 24.
(5)
If an authority includes financial reserves in a calculation under section 32(3)
of the Local Government Finance Act 1992 (c. 14) in contravention of a
direction under section 24, the authority is to be treated for the purposes of
section 30(8) of that Act as not having made the calculations required by
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Chapter 3 of Part 1 of that Act.
(6)
If an authority includes financial reserves in a calculation under section 43(3)
of that Act in contravention of a direction under section 24, the authority is to
be treated for the purposes of section 40(7) of that Act as not having made the
calculations required by Chapter 4 of Part 1 of that Act.
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Power to amend
(1)
The Secretary of State may by order—
(a)
substitute another sum for any sum for the time being specified in
section 24(1);
(b)
substitute another date for the date for the time being specified in
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section 27(1) and (3).
(2)
An order under this section may include transitional or saving provision.
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Definitions for purposes of Chapter 2
(1)
In this Chapter—
“local authority” means a county council in England, a district council in
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England or a London borough council;
“relevant authority” has the meaning given by section 24(2).
(2)
References in this Chapter to disposing of land include references to—
(a)
granting or disposing of any interest in land;
(b)
entering into a contract to dispose of land or grant or dispose of any
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such interest;
(c)
granting an option to acquire any land or any such interest.

Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 1 — Power of district councils in England to change electoral scheme
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Part 2
Electoral arrangements
Chapter 1
Power of district councils in England to change electoral scheme
Introductory
5
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Schemes for elections
For the purposes of this Chapter—
(a)
a council is “subject to a scheme for whole-council elections” if all of its
councillors are to be elected in each year in which it holds ordinary
elections of councillors;
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(b)
a council is “subject to a scheme for elections by halves” if one-half (or
as nearly as may be) of its councillors are to be elected in each year in
which it holds ordinary elections of councillors;
(c)
a council is “subject to a scheme for elections by thirds” if one-third (or
as nearly as may be) of its councillors are to be elected in each year in
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which it holds ordinary elections of councillors.
Power of district councils to change to whole-council elections
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Resolution for whole-council elections
(1)
A district council in England that is subject to a scheme for elections by halves
or by thirds may resolve that it is to be subject instead to the scheme for whole-
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council elections under section 34.
(2)
A resolution under this section is referred to in this Chapter as a “resolution for
whole-council elections”.
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Resolution for whole-council elections: requirements
(1)
A council must comply with this section in passing a resolution for whole-
25
council elections.
(2)
The council must not pass the resolution unless it has taken reasonable steps to
consult such persons as it thinks appropriate on the proposed change.
(3)
The resolution must be passed—
(a)
at a meeting specially convened for the purpose, and
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(b)
by a majority of at least two thirds of the members voting on it.
(4)
The council must pass the resolution in a permitted resolution period.
(5)
In this section “permitted resolution period” means—
(a)
in relation to a metropolitan district council—
(i)
the period ending with 31 December 2009, or
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(ii)
the period in 2013, or in any fourth year afterwards, that starts
with 1 October and ends with 31 December;
(b)
in relation to a non-metropolitan district council—

Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 1 — Power of district councils in England to change electoral scheme
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(i)
the period ending with 31 December 2010, or
(ii)
the period in 2014, or in any fourth year afterwards, that starts
with 1 October and ends with 31 December.
(6)
The Secretary of State may by order provide that a permitted resolution period
is to end later than the day determined in accordance with subsection (5).
5
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Scheme for whole-council elections
(1)
On passing a resolution for whole-council elections, a council becomes subject
to the following electoral scheme.
(2)
Ordinary elections of the councillors of the council are to be held in—
(a)
the election year which follows the end of the resolution period, and
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(b)
every election year afterwards.
(3)
All councillors are to be elected in each year in which ordinary elections are
held.
(4)
On the fourth day after ordinary elections are held—
(a)
the councillors elected in those elections are to come into office, and
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(b)
the sitting councillors are to retire.
(5)
In this section—
“election year” means—
(a)
in relation to a metropolitan district council: 2010 and every
fourth year afterwards;
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(b)
in relation to a non-metropolitan district council: 2011 and
every fourth year afterwards;
“resolution period” means the permitted resolution period in which the
council passes a resolution for whole-council elections.
(6)
If the council passes a resolution for whole-council elections in a permitted
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resolution period which has been extended by an order under section 33(6),
subsection (2)(a) has effect as if it referred to the election year in which that
period ends.
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Publicity
(1)
A council must comply with this section as soon as practicable after passing a
30
resolution for whole-council elections.
(2)
The council must produce an explanatory document.
(3)
The council must make the explanatory document—
(a)
available for public inspection at the council’s principal office at all
reasonable times, and
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(b)
available to the public by such other means as the council thinks
appropriate.
(4)
The council must publicise these matters—
(a)
that the council has become subject to the scheme for whole-council
elections under section 34;
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(b)
when elections will first take place in accordance with the scheme;