Local Government and Public Involvement in Health Bill

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Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Schedule 9 — Best value: minor and consequential amendments
Part 1 — Part 1 of Local Government Act 1999
202

Schedule 9
Section 149

Best value: minor and consequential amendments
Part 1
Part 1 of Local Government Act 1999
1
Part 1 of the Local Government Act 1999 (c. 27) (best value authorities) is
5
amended in accordance with this Part of this Schedule.
2     (1)
Section 1 (best value authorities) is amended as follows.
      (2)
In subsection (1)—
(a)
for paragraph (a) substitute—
“(a)
an English local authority;”;
10
(b)
in paragraph (b), at the end insert “for a National Park in England”;
(c)
in paragraph (e), after “fire and rescue authority” insert “in
England”;
(d)
for paragraph (g) substitute—
“(g)
an authority established under section 10 of the Local
15
Government Act 1985 (waste disposal authorities);”;
(e)
after paragraph (j) insert—
“(k)
a Welsh best value authority.”
      (3)
In subsection (2) (definition of local authority in relation to England)—
(a)
for the words preceding paragraph (a) substitute “In this section,
20
“English local authority” means—”;
(b)
in paragraph (a), after “a county council” insert “in England”.
      (4)
Omit subsection (3) (definition of local authority in relation to Wales).
      (5)
In subsection (4) (definition of police authorities), for “In this section”
substitute “In this Part”.
25
      (6)
Omit subsection (5) (definition of waste disposal authorities).
      (7)
Omit subsection (8) (exclusion of police authorities from certain provisions).
3     (1)
Section 2 (power to extend or disapply) is amended as follows.
      (2)
In the title, at the end insert “: Secretary of State”.
      (3)
In subsection (2)—
30
(a)
in paragraph (b), at the end insert “in respect of which the county
council or charging authority referred to in section 74(1)(b) of that
Act was a council or authority for an area in England”;
(b)
in paragraph (c), at the end insert “and which as regards the financial
year beginning in 1989 had power to levy a rate by reference to
35
property in England”.
      (4)
Omit subsection (3) (power to apply section 7 with modifications).
      (5)
In subsection (5), for the words from “to a duty” to the end substitute “to the
duty in section 3.”

Local Government and Public Involvement in Health Bill
Schedule 9 — Best value: minor and consequential amendments
Part 1 — Part 1 of Local Government Act 1999
203

      (6)
After subsection (5) insert—
“(5A)
Subsection (5) does not apply in relation to a Welsh best value
authority.”
4     (1)
Section 2A (power of National Assembly for Wales to extend or disapply
best value duties) is amended as follows.
5
      (2)
In the title, for “best value authorities in Wales” substitute “Welsh
Ministers”.
      (3)
In subsections (1) and (4), for “National Assembly for Wales” substitute
“Welsh Ministers”;
      (4)
In subsections (1), (3) and (4) for “best value authority in Wales” substitute
10
“Welsh best value authority”.
      (5)
In subsection (2)—
(a)
in paragraph (a), at the end insert “in respect of which the county
council or charging authority referred to in section 74(1)(b) of that
Act was a council or authority for an area in Wales”;
15
(b)
in paragraph (b), at the end insert “and which as regards the financial
year beginning in 1989 had power to levy a rate by reference to
property in Wales”.
5
For the heading immediately preceding section 3 substitute “Duties: general”.
6     (1)
Section 4 (performance indicators and standards) is amended as follows.
20
      (2)
In subsections (1), (3) and (4) for “Secretary of State” substitute “Welsh
Ministers”.
      (3)
In subsection (3)—
(a)
in paragraph (a), for “him” substitute “them”;
(b)
in paragraph (b) for “he thinks” substitute “they think”.
25
      (4)
In subsection (4)(b)—
(a)
for “him” substitute “them”;
(b)
for “relevant audit authority” substitute “Auditor General for
Wales”.
      (5)
Omit subsection (6) (definition of relevant audit authority).
30
7
In section 6 (best value performance plans), in subsections (2), (3)(b) and (4)
for “Secretary of State” substitute “Welsh Ministers”.
8
In the heading immediately before section 7, at the end insert “: Welsh best
value authorities”.
9     (1)
Section 7 (audit of best value performance plans) is amended as follows.
35
      (2)
In subsection (1), for “best value authority” substitute “Welsh best value
authority”.
      (3)
Omit subsection (3) (auditors appointed by the Audit Commission).
      (4)
In subsection (3A), omit “If an authority’s auditor is appointed by the
Auditor General for Wales,”.
40
      (5)
In subsection (4)—

Local Government and Public Involvement in Health Bill
Schedule 9 — Best value: minor and consequential amendments
Part 1 — Part 1 of Local Government Act 1999
204

(a)
omit paragraph (e);
(b)
in paragraph (ea), omit “if the auditor is appointed by the Auditor
General for Wales,”;
(c)
in paragraph (f) for “Secretary of State” substitute “Welsh Ministers”.
      (6)
In subsection (5)—
5
(a)
omit paragraph (b);
(b)
in paragraph (ba), omit “if the auditor is appointed by the Auditor
General for Wales,”;
(c)
in paragraph (c) (in both places) for “Secretary of State” substitute
“Welsh Ministers”.
10
      (7)
In subsection (6)(b) for “Secretary of State” substitute “Welsh Ministers”.
      (8)
In subsection (7), omit “, (3)”.
      (9)
In subsection (8)—
(a)
omit paragraph (a);
(b)
in paragraph (aa), omit “if he was appointed by the Auditor General
15
for Wales,”;
(c)
in the words following paragraph (b), omit “, (3)”.
     (10)
In subsection (8A)—
(a)
in paragraph (a), omit “, if the authority is a best value authority in
Wales”;
20
(b)
omit paragraph (b).
     (11)
Omit subsection (9) (application of section 3 of Audit Commission Act 1998
where auditor appointed by the Audit Commission).
10
Omit section 8 (Audit Commission’s code of practice and fees).
11
In section 8A(5)—
25
(a)
in paragraph (a), for “Assembly” substitute “Welsh Ministers”;
(b)
in paragraph (b), for “best value authorities in Wales” substitute
“Welsh best value authorities”.
12
In section 8B (auditor’s duty in relation to codes) omit—
(a)
subsection (1) (auditors appointed by Audit Commission); and
30
(b)
subsections (3) and (4) (transitional provision).
13
In section 9 (response to audit)—
(a)
in subsections (1) and (2) for “best value authority” substitute “Welsh
best value authority”;
(b)
in subsection (6) (in both places) for “Secretary of State” substitute
35
“Welsh Ministers”.
14    (1)
Section 10 (best value inspections by Audit Commission) is amended as
follows.
      (2)
In subsection (4), omit paragraph (a).
      (3)
In subsection (5), for “a best value authority in Wales” substitute “—
40
(a)
a Welsh best value authority, or
(b)
a police authority for a police area in Wales.”

Local Government and Public Involvement in Health Bill
Schedule 9 — Best value: minor and consequential amendments
Part 1 — Part 1 of Local Government Act 1999
205

15    (1)
Section 10A (best value inspections by Auditor General for Wales) is
amended as follows.
      (2)
In subsection (1) for “a best value authority in Wales” substitute “—
(a)
a Welsh best value authority, or
(b)
a police authority for a police area in Wales.”
5
      (3)
In subsection (2) for “specified best value authority in Wales” substitute
“specified authority mentioned in subsection (1)”.
16
In section 11 (inspectors’ powers and duties), in subsection (4)(b) omit
“must”.
17
In section 12A(4)(b) (consultation about fees for inspections by Auditor
10
General for Wales) for “best value authorities in Wales” substitute “best
value authorities which may be inspected under section 10A”.
18
In section 13 (reports by Audit Commission) omit subsection (5)
(performance plans to record failure to comply with Part 1).
19
In section 13A (reports by Auditor General for Wales), in subsection (5)
15
(performance plans to record failure to comply with Part 1), for “an
authority” substitute “a Welsh best value authority”.
20
In section 15(2) (Secretary of State’s powers)—
(a)
for the words from “direct it” to the end of paragraph (b) substitute—
“(aa)
in the case of a Welsh best value authority, direct it to
20
prepare or amend a performance plan or to follow
specified procedures in relation to a performance
plan;”;
(b)
in paragraph (c), at the beginning insert “in the case of any best value
authority, direct it”.
25
21    (1)
Section 23 (accounts) is amended as follows.
      (2)
In subsection (4), in paragraph (za), for “best value authorities in Wales”
substitute “Welsh best value authorities or police authorities for police areas
in Wales”.
      (3)
In subsection (6), omit “(within the meaning of section 7)”.
30
      (4)
After subsection (6) insert—
“(7)
In subsection (6), “auditor” means an auditor appointed by the Audit
Commission or the Auditor General for Wales to audit the best value
authority’s accounts.”
22    (1)
Section 29 (modification for Wales) is amended as follows.
35
      (2)
For subsections (1) and (2) substitute—
“(1)
This section has effect for the purposes of the application of this Part
in relation to Wales, except in so far as it relates to a police authority
for a police area in Wales.
(1A)
For each reference to the Secretary of State in sections 3, 10A, 12A,
40
13A, 15, 19, 23, 25 and 26 there shall be substituted a reference to the
Welsh Ministers.”
      (3)
In subsection (4)—

Local Government and Public Involvement in Health Bill
Schedule 9 — Best value: minor and consequential amendments
Part 2 — Other minor and consequential amendments
206

(a)
omit “to Wales”;
(b)
for “National Assembly for Wales” and “Assembly” substitute
“Welsh Ministers”.
      (4)
After subsection (4) insert—
“(5)
In section 19(3) and (3A) for each reference to each House, or either
5
House, of Parliament there shall be substituted a reference to the
National Assembly for Wales.
(6)
In section 28(2), for the reference to either House of Parliament there
shall be substituted a reference to the National Assembly for Wales.”
Part 2
10
Other minor and consequential amendments
Housing Associations Act 1985 (c. 69)
23
In section 75(1B) of the Housing Associations Act 1985 (functions of Audit
Commission in relation to which relevant authority provides advice and
assistance), omit from “, except” to the end.
15
Railways and Transport Safety Act 2003 (c. 20)
24
In section 54 of the Railways and Transport Safety Act 2003 (performance
directions), for subsection (1) substitute—
“(1)
The Secretary of State may give a direction to the Authority—
(a)
specifying factors (“performance indicators”) by reference to
20
which the Authority’s performance in exercising functions
can be measured;
(b)
specifying standards (“performance standards”) to be met by
the Authority in relation to performance indicators specified
under paragraph (a).
25
(1A)
In specifying performance indicators and performance standards,
and in deciding whether to do so, the Secretary of State shall aim to
promote improvement of the way in which the functions of the
Authority are exercised, having regard to a combination of economy,
efficiency and effectiveness.
30
(1B)
A direction under subsection (1) may specify different performance
indicators or performance standards—
(a)
for different functions;
(b)
to apply at different times.
(1C)
The Secretary of State may give a direction to the Authority requiring
35
the Authority to—
(a)
specify performance indicators in relation to functions;
(b)
set targets for the performance of functions (“performance
targets”) by reference to performance indicators specified
under paragraph (a) or subsection (1)(a);
40
(c)
set a plan of action to be taken for the purposes of meeting a
performance target.”

Local Government and Public Involvement in Health Bill
Schedule 10 — Consequential amendments relating to change of name of the Audit Commission
207

Local Government Act 2003 (c. 26)
25    (1)
The Local Government Act 2003 is amended as follows.
      (2)
In section 36(1) (grants in connection with designation for service
excellence), for “subject to any of the duties in sections 3 to 6 of the Local
Government Act 1999 (best value duties)” substitute “which, in relation to
5
any of its functions, is subject to the duty in section 3(1) of the Local
Government Act 1999 (best value duty)”.
      (3)
In section 98(2) (procedure for orders under section 97), for “relate to best
value authorities in Wales” (in each place) substitute “include provision
which has effect in relation to Wales”.
10
      (4)
In section 101 (staff transfer matters: general), for subsection (7) substitute—
“(7)
For the purposes of this section, the Secretary of State is the
“appropriate person” in relation to a police authority for a police area
in Wales.”
Fire and Rescue Services Act 2004 (c. 21)
15
26    (1)
Section 24 of the Fire and Rescue Services Act 2004 (inspection of compliance
with obligation to have regard to Fire and Rescue National Framework) is
amended as follows.
      (2)
In subsection (1), for “13” substitute “13A”.
      (3)
In subsection (2), for “section 13(2)(b) and (4)” substitute “sections 13(2)(b)
20
and (4) and 13A(2)(b) and (4)”.
Public Audit (Wales) Act 2004 (c. 23)
27    (1)
The Public Audit (Wales) Act 2004 is amended as follows.
      (2)
In section 41(1)(a) (studies for improving economy etc in services), for “best
value authorities in Wales” substitute “local government bodies in Wales
25
that are also best value authorities for the purposes of Part 1 of the Local
Government Act 1999”.
      (3)
In section 59 (interpretation), omit subsection (4) (definition of best value
authority in Wales).
Schedule 10
30
Section 151

Consequential amendments relating to change of name of the Audit
Commission
Amendment of references to the current name of the Commission
1     (1)
In the provisions listed in sub-paragraph (2), in the expression “Audit
Commission for Local Authorities and the National Health Service in
35
England and Wales”, omit “and Wales”.
      (2)
The provisions are—

Local Government and Public Involvement in Health Bill
Schedule 10 — Consequential amendments relating to change of name of the Audit Commission
208

(a)
paragraphs 2(2)(h), 3(2)(e) and 4(h) of Schedule A1 to the Prison Act
1952 (c. 52) (interaction between Her Majesty’s Chief Inspector of
Prisons and other authorities);
(b)
the entry in Part 3 of Schedule 1 to the House of Commons
Disqualification Act 1975 (c. 24) (offices disqualifying for
5
membership) relating to any member of the Audit Commission in
receipt of remuneration;
(c)
the entry relating to the Audit Commission in Part 2 of Schedule 1A
to the Race Relations Act 1976 (c. 74) (bodies and other persons
subject to general statutory duty);
10
(d)
section 75(1A) of the Housing Associations Act 1985 (c. 69) (general
function of the Housing Corporation);
(e)
section 22(5)(b) of the Airports Act 1986 (c. 31) (auditors of public
airport companies);
(f)
section 124B(5) of the Education Reform Act 1988 (c. 40) (accounts of
15
higher education corporations);
(g)
paragraph 5(6)(c)(i) of Schedule 8 to the Local Government Finance
Act 1988 (c. 41) (non-domestic rating contributions);
(h)
section 123(8)( ja) of the Social Security Administration Act 1992 (c. 5)
(unauthorised disclosure of information relating to particular
20
persons);
(i)
the definition of “Audit Commission” in section 43A(7) of the
Charities Act 1993 (c. 10) (annual audit or examination of English
National Health Service charity accounts);
(j)
paragraphs 2(2)(h), 3(2)(e) and 4(h) of Schedule 4A to the Police Act
25
1996 (c. 16) (interaction between Her Majesty’s Inspectors of
Constabulary and other authorities);
(k)
the definition of “the Commission” in section 53(1) of the Audit
Commission Act 1998 (c. 18) (interpretation);
(l)
section 53(1) of the School Standards and Framework Act 1998 (c. 31)
30
(certification of statements by Audit Commission);
(m)
section 22(1) of the Local Government Act 1999 (c. 27) (Audit
Commission);
(n)
section 125(2)(b) of the Greater London Authority Act 1999 (c. 29)
(information);
35
(o)
paragraphs 2(2)(h) and 4(h) of the Schedule to the Crown
Prosecution Service Inspectorate Act 2000 (c. 10) (interaction
between Her Majesty’s Chief Inspector of the Crown Prosecution
Service and other authorities);
(p)
the definition of “the Audit Commission” in section 83(1) of the Local
40
Government Act 2000 (c. 22) (interpretation of Part 3);
(q)
the entry relating to the Audit Commission in Part 6 of Schedule 1 to
the Freedom of Information Act 2000 (c. 36) (public authorities);
(r)
paragraphs 2(2)(h), 3(2)(e) and 4(h) of Schedule 1A to the Criminal
Justice and Court Services Act 2000 (c. 43) (interaction between Her
45
Majesty’s Inspectorate of the National Probation Service for England
and Wales and other authorities);
(s)
the definition of “the Audit Commission” in section 99(7) of the Local
Government Act 2003 (c. 26) (categorisation of English local
authorities by reference to performance);
50
(t)
section 110(4) of that Act (financial year of the Audit Commission);