Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Schedule 6 — Parishes: further amendments
197

      (3)
After subsection (2) insert—
“(2A)
In their application to the election of parish councillors, this Act and
Part 1 of the Representation of the People Act 1983 (c. 2) are subject
to the relevant electoral arrangements that apply to the election.
(2B)
For the purposes of this section “relevant electoral arrangements”
5
means—
(a)
any arrangements about the election of councillors that are
made in, or applicable by virtue of, provision made by virtue
of section 248(6)(b) of the Local Government and Public
Involvement in Health Act 2007 (transitional, saving or
10
transitory provision), and
(b)
any electoral arrangements applicable to the council by
virtue of an order under section 11 or an order under section
92 of the Local Government and Public Involvement in
Health Act 2007.”
15
7     (1)
Section 137 (power of local authorities to incur expenditure for certain
purposes) is amended as follows.
      (2)
In subsection (9) for “means a parish or community council” substitute
“means—
(a)
a parish council which is not an eligible parish council for the
20
purposes of Part 1 of the Local Government Act 2000, or
(b)
a community council”.
8     (1)
Section 245 (status of certain districts, parishes and communities) is
amended as follows.
      (2)
After subsection (7) insert—
25
“(7A)
A resolution under subsection (6) shall cease to have effect if the
parish has an alternative style (within the meaning of section 17A) by
virtue of any of the following—
(a)
an order under section 11;
(b)
a resolution under section 12A;
30
(c)
an order under section 92 of the Local Government and
Public Involvement in Health Act 2007.”
9     (1)
Schedule 3 (establishment of new authorities in England) is amended as
follows.
      (2)
In paragraph 10(1), (2) and (3) (parish councillors) for “Part II of the Local
35
Government and Rating Act 1997” substitute “Part 4 of the Local
Government and Public Involvement in Health Act 2007”.
10    (1)
The Local Government and Rating Act 1997 (c. 29) is amended as follows.
      (2)
Omit Part 2.

Local Government and Public Involvement in Health Bill
Schedule 8 — Amendments consequential on removing parish councils etc from best value duties
198

Schedule 7
Section 134

Byelaws: further amendments
Public Health Acts Amendment Act 1907 (c. 53)
1
In subsection (4) of section 82 of the Public Health Acts Amendment Act
1907 (byelaws relating to the seashore), omit from “Provided” to the end of
5
the subsection.
Public Health Act 1936 (c. 49)
2
In section 231(1) of the Public Health Act 1936 (byelaws with respect to
public bathing)—
(a)
in paragraph (b), omit “bathing-machines may be stationed, or”,
10
(b)
in paragraph (c), omit “bathing-machines,”,
(c)
omit paragraph (d).
Public Health (Control of Disease) Act 1984 (c. 22)
3
Omit subsections (2) and (3) of section 56 of the Public Health (Control of
Disease) Act 1984 (byelaws for preventing disease by the occupants or users
15
of tents, vans, etc).
Police Reform Act 2002 (c. 30)
4     (1)
In paragraph 1(3)(a) of Schedule 4 to the Police Reform Act 2002 (definition
of “relevant fixed penalty offence”) for “sub-paragraph 1(2)(a) to (d)”
substitute “sub-paragraph (2)(a) to (e)”.
20
      (2)
In paragraph 1(3)(a) of Schedule 5 to that Act (definition of “relevant fixed
penalty offence”) for “sub-paragraph (2)(a) to (c)” substitute “sub-paragraph
(2)(a) to (d)”.
Schedule 8
Section 141

Amendments consequential on removing parish councils etc from best value
25
duties
Local Government, Planning and Land Act 1980 (c. 65)
1
In section 2(1) of the Local Government, Planning and Land Act 1980 (duty
of authorities to publish information) after paragraph (b) insert—
“(ba)
a parish council;
30
(bb)
a parish meeting of a parish which does not have a separate
parish council;
(bc)
a community council;”.
Local Government Act 1999 (c. 27)
2     (1)
The Local Government Act 1999 is amended as follows.
35

Local Government and Public Involvement in Health Bill
Schedule 8 — Amendments consequential on removing parish councils etc from best value duties
199

      (2)
Before section 19 insert—
“Exclusion of non-commercial considerations”.
      (3)
In section 19 (exclusion of non-commercial considerations for the purposes
of section 17 of the Local Government Act 1988)—
(a)
in subsection (1)(a) and (b), for “best value authorities” substitute
5
“relevant authorities”;
(b)
in subsections (1)(c) and (4), for “best value authority” substitute
“relevant authority”;
(c)
after subsection (4) insert—
“(5)
In this section, “relevant authority” means—
10
(a)
a best value authority,
(b)
a parish council, or
(c)
a community council.”
      (4)
After section 19 insert—
“Publication of information”.
15
      (5)
In section 26(2)(a) (guidance), omit “best value”.
Local Government Act 2003 (c. 26)
3     (1)
The Local Government Act 2003 is amended as follows.
      (2)
Omit sections 34 and 35 (best value grants to parishes and communities).
      (3)
In section 93 (power to charge for discretionary services)—
20
(a)
in subsections (1), (5) and (6), for “best value authority” substitute
“relevant authority”;
(b)
after subsection (8) insert—
“(9)
In this section, “relevant authority” means—
(a)
a best value authority;
25
(b)
a parish council;
(c)
a parish meeting of a parish which does not have a
separate parish council; or
(d)
a community council.”
      (4)
In section 94 (power to disapply section 93(1))—
30
(a)
in subsections (1)(a) and (b)(iii) for “best value authority” substitute
“relevant authority”;
(b)
in subsections (1)(a) and (b)(i) and (ii) for “best value authorities”
substitute “relevant authorities”;
(c)
after subsection (2) insert—
35
“(3)
In this section, “relevant authority” has the meaning given in
section 93.”
      (5)
In section 95 (power to trade in function-related activities through a
company)—
(a)
in subsections (1)(a) and (3)(a) (in both places) for “best value
40
authorities” substitute “relevant authorities”;

Local Government and Public Involvement in Health Bill
Schedule 8 — Amendments consequential on removing parish councils etc from best value duties
200

(b)
in subsections (2), (3)(a) and (5) and in the definition of “ordinary
functions” in subsection (7), for “best value authority” substitute
“relevant authority”;
(c)
in subsection (7), omit the definition of “best value authority”;
(d)
in that subsection, at the end insert—
5
““police authority” means—
(a)
a police authority established under section 3
of the Police Act 1996;
(b)
the Common Council of the City of London in
its capacity as a police authority; or
10
(c)
the Metropolitan Police Authority;
“relevant authority” means—
(a)
a best value authority, other than a police
authority or the London Development
Agency;
15
(b)
a parish council;
(c)
a parish meeting of a parish which does not
have a separate parish council; or
(d)
a community council.”
      (6)
In section 96 (regulation of trading powers)—
20
(a)
in subsections (1), (2) and (3)(c) for “best value authority” substitute
“relevant authority”;
(b)
in subsection (3)(a) and (b) for “best value authorities” substitute
“relevant authorities”;
(c)
for subsection (4) substitute—
25
“(4)
In this section, “relevant authority” has the meaning given in
section 95.”
      (7)
In section 97 (power to modify enactments in connection with charging or
trading)—
(a)
in subsections (1) and (4)(a) and (b) for “best value authorities”
30
substitute “relevant authorities”;
(b)
in subsections (2), (4)(c), (6) and (11) (in the definition of
“discretionary service” and “ordinary functions”) for “best value
authority” substitute “relevant authority”;
(c)
in subsection (11) at the end insert—
35
““relevant authority” means—
(a)
a best value authority;
(b)
a parish council;
(c)
a parish meeting of a parish which does not
have a separate parish council; or
40
(d)
a community council.”
      (8)
In section 98 (procedure for orders under section 97)—
(a)
in subsection (1)(a) for “best value authorities” substitute “relevant
authorities”;
(b)
after subsection (7) insert—
45
“(8)
In this section, “relevant authority” has the meaning given in
section 97.”

Local Government and Public Involvement in Health Bill
Schedule 8 — Amendments consequential on removing parish councils etc from best value duties
201

      (9)
In section 101 (staff transfer matters: general)—
(a)
in subsections (1) and (3) for “a best value authority (in Scotland, a
relevant authority)” substitute “a relevant authority”;
(b)
in subsection (6)(a)(i) for “all best value authorities (or, as the case
may be, relevant authorities)” substitute “all relevant authorities”;
5
(c)
after subsection (7) insert—
“(7A)
In this section, in relation to England and Wales, “relevant
authority” means—
(a)
a best value authority;
(b)
a parish council;
10
(c)
a parish meeting of a parish which does not have a
separate parish council; or
(d)
a community council.”
(d)
in subsection (8)—
(i)
after “In this section” insert “, in relation to Scotland”;
15
(ii)
in the definition of “appropriate person” omit “, in relation to
Scotland,”.
     (10)
In section 102 (staff transfer matters: pensions) after subsection (7) insert—
“(7A)
In this section, in relation to England, “local authority” means—
(a)
a county council in England, a district council, a London
20
borough council, a parish council or a parish meeting of a
parish which does not have a separate parish council;
(b)
the Council of the Isles of Scilly;
(c)
the Common Council of the City of London in its capacity as
a local authority; and
25
(d)
the Greater London Authority so far as it exercises its
functions through the Mayor.
(7B)
In this section, in relation to Wales, “local authority” means a county
council, county borough council or community council in Wales.”
     (11)
In section 102(8) (definitions)—
30
(a)
after “in this section” insert “, in relation to Scotland”;
(b)
in the definition of “appropriate person”, omit “in relation to
Scotland,”;
(c)
in the definition of “local authority”—
(i)
omit paragraph (a);
35
(ii)
in paragraph (b), omit “in relation to Scotland,”;
(d)
after the definition of “local authority” insert—
“(9)
In this section,”.