|
| |
| |
3B | General advice as to politically restricted posts: England |
| |
(1) | The Secretary of State may in relation to England give such general |
| |
advice with respect to the determination of questions arising by virtue |
| |
of section 2(3) as he considers appropriate. |
| |
(2) | Before giving general advice under this section the Secretary of State |
| 5 |
must consult such representatives of local government and such |
| |
organisations appearing to him to represent employees in local |
| |
government as he considers appropriate.” |
| |
208 | Politically restricted posts: consequential amendments |
| |
(1) | In section 2 of the Local Government and Housing Act 1989 (c. 42) (politically |
| 10 |
| |
(a) | in subsections (1)(g) and (2) after “section 3” insert “or 3A”; |
| |
(b) | in subsection (5) after “local authority” insert “in Scotland and Wales”; |
| |
(c) | after subsection (5) insert— |
| |
“(5A) | It shall be the duty of every local authority in England in |
| 15 |
performing their duties under this section to have regard to |
| |
such general advice as may be given by virtue of section 3B |
| |
below by the Secretary of State.” |
| |
(2) | In Schedule 7 to the Environment Act 1995 (c. 25) (national park authorities), in |
| |
paragraph 7(4) for “3” substitute “3A”. |
| 20 |
(3) | In the Greater London Authority Act 1999 (c. 29) — |
| |
(a) | in section 61(2)(a) (power to require attendance at Assembly meetings) |
| |
for “to 3” substitute “, 2 and 3A”; |
| |
(b) | in section 68(1)(b) (disqualification and political restriction) for “and 3” |
| |
| 25 |
(c) | in section 70(7) (terms and conditions of employment) for “and 3” |
| |
| |
209 | Political assistants’ pay |
| |
In section 9 of the Local Government and Housing Act 1989, after subsection |
| |
| 30 |
“(4A) | An order made under subsection (4)(a) above in relation to England or |
| |
Wales may, instead of specifying an amount, specify a point on a |
| |
relevant scale specified by the order. |
| |
(4B) | A “relevant scale” is a scale consisting of points and of amounts |
| |
corresponding to those points. |
| 35 |
(4C) | In relation to any time while an order made by virtue of subsection (4A) |
| |
above is in force, the amount that at that time corresponds to the point |
| |
specified by the order is to be treated for the purposes of subsection |
| |
(4)(a) above as specified by the order.” |
| |
| |
| |
|
| |
| |
| |
| |
210 | Proposals for joint waste authorities in England |
| |
(1) | A proposal under this section is a proposal to the Secretary of State that an |
| |
authority be established for a specified area in England to discharge in that area |
| 5 |
the waste functions specified in the proposal. |
| |
(2) | A proposal under this section may be made by (and only by) all the local |
| |
authorities that are local waste authorities in relation to the area specified in the |
| |
| |
(3) | A local authority is a “local waste authority” in relation to the specified area |
| 10 |
| |
(a) | its area forms the whole or part of the specified area; and |
| |
(b) | it currently has one or more of the specified waste functions. |
| |
(4) | A proposal under this section may not be made if there is a local authority for |
| |
the whole of the specified area which currently has all of the specified waste |
| 15 |
| |
(5) | The Secretary of State may by regulations make provision as to— |
| |
(a) | matters to be included in a proposal under this section; |
| |
(b) | information that must accompany a proposal. |
| |
(6) | Regulations under subsection (5)(a) may in particular provide that a proposal |
| 20 |
under this section must include proposals— |
| |
(a) | as to the number of members of the proposed authority (as to |
| |
membership, see section 213); |
| |
(b) | as to the number of members to be appointed by each local authority |
| |
| 25 |
(c) | as to the procedure for appointing a chairman and a vice-chairman; |
| |
(d) | for the costs of the proposed authority to be met by the local authorities |
| |
making the proposal, and as to the basis on which the amount payable |
| |
by each of the local authorities is to be determined. |
| |
(7) | In making a proposal under this section the local authorities must have regard |
| 30 |
to any guidance from the Secretary of State as to— |
| |
(a) | what a proposal should seek to achieve; |
| |
(b) | matters that should be taken into account in formulating a proposal. |
| |
| |
“specified” means specified in the proposal; |
| 35 |
“waste function” means a function conferred on a local authority by or |
| |
| |
(a) | Part 2 of the Environmental Protection Act 1990 (c. 43) (waste on |
| |
| |
(b) | Part 4 of that Act (litter etc); |
| 40 |
(c) | section 32 of the Waste and Emissions Trading Act 2003 (c. 33) |
| |
(joint municipal waste management strategies: England). |
| |
(9) | In this Part “local authority” means— |
| |
| |
| |
| |
|
| |
| |
| |
(c) | a London borough council; |
| |
(d) | the Common Council of the City of London; |
| |
(e) | the sub-treasurer of the Inner Temple; |
| |
(f) | the under treasurer of the Middle Temple; |
| 5 |
(g) | an authority established under section 10 of the Local Government Act |
| |
1985 (c. 51) (joint arrangements for waste disposal functions); or |
| |
(h) | a joint waste authority established under section 212. |
| |
| |
(1) | A proposal may not be made by any local authorities under section 210 |
| 10 |
| |
(a) | the local authorities prepared a draft of the proposal; and |
| |
(b) | each local authority took reasonable steps to consult the following |
| |
| |
(i) | the relevant electors; |
| 15 |
(ii) | any interested person in the authority’s area. |
| |
(2) | A person is a “relevant elector”— |
| |
(a) | in relation to a county council, district council or London borough |
| |
council, if he is a local government elector for the council’s area; |
| |
(b) | in relation to the Common Council of the City of London, if his name |
| 20 |
appears in a ward list published under section 7 of the City of London |
| |
(Various Powers) Act 1957 (5 & 6 Eliz 2 c x); |
| |
(c) | in relation to the sub-treasurer of the Inner Temple or the under |
| |
treasurer of the Middle Temple, if his name appears in the ward list |
| |
published with respect to the ward of Farrington Without in the City |
| 25 |
under section 7 of the City of London (Various Powers) Act 1957; |
| |
(d) | in relation to an authority established under section 10 of the Local |
| |
Government Act 1985 (joint arrangements for waste disposal |
| |
functions), if he is a relevant elector in relation to any local authority |
| |
whose area forms part of the area for which the authority was |
| 30 |
| |
(e) | in relation to a joint waste authority established under section 212, if he |
| |
is a relevant elector in relation to any local authority whose area forms |
| |
the whole or part of the area for which the joint waste authority was |
| |
| 35 |
(3) | In this section, “local government elector” means a person registered as a local |
| |
government elector in the register of electors in accordance with the provisions |
| |
of the Representation of the People Acts. |
| |
212 | Implementation of proposals by order |
| |
(1) | Where the Secretary of State receives a proposal under section 210 he may by |
| 40 |
order implement the proposal with or without modifications. |
| |
(2) | An authority established by an order under subsection (1) is referred to in this |
| |
Part as a “joint waste authority”. |
| |
(3) | An order under subsection (1) may make provision enabling the Secretary of |
| |
State to require the authority established by the order to submit to him a |
| 45 |
| |
| |
| |
|
| |
| |
(a) | the winding-up of the authority; and |
| |
(b) | the transfer of its functions, property, staff, rights and liabilities to |
| |
appropriate local authorities. |
| |
(4) | The Secretary of State may by order provide for giving effect (with or without |
| |
modification) to any scheme submitted to him under a provision made by |
| 5 |
virtue of subsection (3) and for the dissolution of the authority. |
| |
(5) | The Secretary of State may exercise his powers under subsection (4) only |
| |
| |
(a) | he receives a request to do so from all the appropriate local authorities; |
| |
| 10 |
(b) | he considers that it is necessary to do so. |
| |
(6) | The Secretary of State may by order exclude any functions from those for |
| |
which a joint waste authority was established. |
| |
(7) | An order under this section may include incidental, consequential, transitional |
| |
or supplementary provision. |
| 15 |
(8) | The provision that may be made by virtue of subsection (7) includes in |
| |
| |
(a) | for the transfer of property, rights or liabilities; |
| |
(b) | for legal proceedings commenced by or against any authority to be |
| |
continued by or against an authority to whom property, rights or |
| 20 |
liabilities are transferred; |
| |
(c) | for the transfer of staff, compensation for loss of office, pensions and |
| |
| |
(d) | for treating any authority to whom a transfer is made for any purposes |
| |
as the same person in law as the authority from whom the transfer is |
| 25 |
| |
(9) | The provision that may be made by virtue of subsection (7) includes provision |
| |
amending, modifying, excluding or applying (with or without modifications) |
| |
any enactment or any instrument made under any enactment. |
| |
(10) | The power of the Secretary of State under subsection (1) to implement a |
| 30 |
proposal with modifications does not include power to— |
| |
(a) | establish a joint waste authority for an area that is different from the |
| |
area specified in the proposal; or |
| |
(b) | establish a joint waste authority to discharge waste functions that are |
| |
not specified in the proposal. |
| 35 |
| |
“appropriate local authority”, in relation to a joint waste authority, means |
| |
a local authority which would, but for the establishment of the joint |
| |
waste authority, have one or more of the functions that the joint waste |
| |
| 40 |
“waste function” has the same meaning as in section 210. |
| |
213 | Membership of joint waste authorities |
| |
A person may be a member of a joint waste authority only if he is— |
| |
(a) | a member of a local authority which would, but for the establishment |
| |
of the joint waste authority, have one or more of the functions that the |
| 45 |
joint waste authority has; |
| |
| |
| |
|
| |
| |
(b) | the sub-treasurer of the Inner Temple or the under treasurer of the |
| |
Middle Temple in a case where the sub-treasurer or the under treasurer |
| |
would, but for the establishment of the joint waste authority, have one |
| |
or more of the functions that the joint waste authority has. |
| |
214 | Consequential amendments |
| 5 |
(1) | In section 24 of the Waste and Emissions Trading Act 2003 (c. 33) (waste sent to |
| |
| |
(a) | in subsection (5), for the words “In this Chapter” substitute “Subject to |
| |
subsection (6), in this Chapter”; |
| |
(b) | after subsection (5) insert— |
| 10 |
“(6) | For the purposes of this Chapter, a joint waste authority for an |
| |
area in England that has the function of disposing of |
| |
biodegradable municipal waste is the waste disposal authority |
| |
| |
(7) | In subsection (6) a “joint waste authority” means an authority |
| 15 |
established by an order under section 212 of the Local |
| |
Government and Public Involvement in Health Act 2007.” |
| |
(2) | Schedule 14 (other consequential amendments) has effect. |
| |
215 | Joint waste authorities in Wales |
| |
(1) | The Welsh Ministers may by order make provision in relation to Wales |
| 20 |
applying any provisions of sections 210 to 213 with— |
| |
(a) | the substitution for references to the Secretary of State of references to |
| |
| |
(b) | such other modifications as they consider appropriate. |
| |
(2) | An order under this section may include incidental, consequential or |
| 25 |
supplementary provision, including provision amending or modifying— |
| |
| |
(b) | any instrument made under an enactment. |
| |
(3) | The reference in subsection (1) to any provisions of sections 210 to 213 includes |
| |
a reference to any provisions of Part 17 so far as relating to any of those |
| 30 |
| |
| |
| |
“joint waste authority” has the meaning given by section 212(2); |
| |
“local authority” has the meaning given by section 210(9). |
| 35 |
| |
Entities controlled etc by local authorities |
| |
217 | Entities controlled etc by local authorities |
| |
(1) | An order under this section is an order which requires, prohibits or regulates |
| |
the taking of specified actions by entities connected with a local authority. |
| 40 |
| |
| |
|
| |
| |
(2) | The Secretary of State may make an order under this section in relation to— |
| |
(a) | all English local authorities; |
| |
(b) | English local authorities of particular descriptions; |
| |
(c) | particular English local authorities. |
| |
(3) | The Welsh Ministers may make an order under this section in relation to— |
| 5 |
(a) | all Welsh local authorities; |
| |
(b) | Welsh local authorities of particular descriptions; |
| |
(c) | particular Welsh local authorities. |
| |
(4) | An order under this section may also include provision which requires, |
| |
| 10 |
(a) | the taking of specified actions by a local authority in relation to entities |
| |
connected with the local authority; |
| |
(b) | the taking of specified actions by members or officers of a local |
| |
authority who are qualifying persons. |
| |
(5) | An order under this section may make provision in relation to— |
| 15 |
(a) | every entity connected with a local authority; |
| |
(b) | such entities of a particular description. |
| |
(6) | For the purposes of this section an entity (“E”) is “connected with” a local |
| |
authority at any time if— |
| |
(a) | it is an entity other than the local authority; and |
| 20 |
(b) | according to proper practices in force at that time, financial information |
| |
about E must be included in the local authority’s statement of accounts |
| |
for the financial year in which that time falls. |
| |
| |
“actions” includes courses of action; |
| 25 |
“English local authority” means a local authority in England; |
| |
“entity” means any entity, whether or not a legal person; |
| |
“financial year” means a period for which accounts of the local authority |
| |
must be prepared by reason of section 2 of the Audit Commission Act |
| |
1998 (c. 18) or section 13 of the Public Audit (Wales) Act 2004 (c. 23); |
| 30 |
“local authority” means any body which— |
| |
(a) | is a local authority for the purposes of section 21 of the Local |
| |
Government Act 2003 (c. 26) (see subsection (6) of that section |
| |
and section 23 of that Act); and |
| |
(b) | is required to prepare statements of accounts by regulations |
| 35 |
made under section 27 of the Audit Commission Act 1998 or |
| |
section 39 of the Public Audit (Wales) Act 2004; |
| |
“qualifying person” means a person who— |
| |
(a) | is authorised to represent the local authority at meetings of an |
| |
entity that is connected with the local authority; or |
| 40 |
(b) | is a member or director of such an entity or the holder of any |
| |
other specified position in relation to such an entity; |
| |
“specified” means specified, or of a description specified, by the order; |
| |
“Welsh local authority” means a local authority in Wales. |
| |
| 45 |
(1) | In this section a “relevant trust” means a trust connected with a local authority. |
| |
| |
| |
|
| |
| |
(2) | An order under section 217 may include provision which requires, prohibits or |
| |
| |
(a) | the taking of specified actions by the trustees of a relevant trust; |
| |
(b) | the taking of specified actions by a local authority in relation to the |
| |
trustees of trusts connected with that local authority; |
| 5 |
(c) | the taking of specified actions by a member or officer of a local |
| |
authority who is a trustee of a trust connected with that local authority. |
| |
(3) | Provision included in an order by virtue of this section may relate to— |
| |
(a) | the trustees of every relevant trust; |
| |
(b) | the trustees of relevant trusts of a particular description. |
| 10 |
(4) | For the purposes of this section a trust (“T”) is “connected with” a local |
| |
authority at any time if, according to proper practices in force at that time, |
| |
financial information about T must be included in the local authority’s |
| |
statement of accounts for the financial year in which that time falls. |
| |
(5) | In this section the following have the same meaning as in section 217— |
| 15 |
| |
| |
| |
| |
219 | Further provision about orders |
| 20 |
(1) | An order under section 217 may make provision requiring an entity, a local |
| |
authority or trustees to obtain the consent of the appropriate person before |
| |
taking any particular actions. |
| |
(2) | In subsection (1) “the appropriate person” means— |
| |
(a) | in relation to an order made by the Secretary of State, the Audit |
| 25 |
| |
(b) | in relation to an order made by the Welsh Ministers, the Auditor |
| |
| |
(3) | The provision that may be included in an order by virtue of section 217(4)(a) |
| |
includes in particular provision— |
| 30 |
(a) | requiring a local authority to make arrangements for enabling |
| |
questions about an entity’s activities to be put to members or officers of |
| |
the authority who are qualifying persons; |
| |
(b) | prohibiting a local authority from taking action (including refraining |
| |
from exercising a right) which would have the result that a person of a |
| 35 |
specified description becomes a qualifying person; |
| |
(c) | requiring a local authority to ensure so far as practicable that entities |
| |
comply with provisions of the order applicable to them. |
| |
(4) | The provision that may be included in an order by virtue of section 218(2)(b) |
| |
includes in particular provision— |
| 40 |
(a) | requiring a local authority to make arrangements for enabling |
| |
questions about a trust connected with the authority to be put to |
| |
members or officers of the authority who are trustees; |
| |
(b) | prohibiting a local authority from taking action (including refraining |
| |
from exercising a right) which would have the result that a person of a |
| 45 |
| |
| |
|
