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 15 — Consequential amendments relating to entities controlled etc by local authorities
230

Local Government Act 2003 (c. 26)
55    (1)
The Local Government Act 2003 is amended as follows.
      (2)
In section 23(1) (definition of local authority for purposes of Part 1), after
paragraph (k) insert—
“(ka)
an authority established for an area in England by an order
5
under section 212 of the Local Government and Public
Involvement in Health Act 2007 (joint waste authorities);”.
      (3)
In section 33(1) (power to pay grant: interpretation), after paragraph (j)
insert—
“(ja)
an authority established for an area in England by an order
10
under section 212 of the Local Government and Public
Involvement in Health Act 2007 (joint waste authorities);”.
Schedule 15
Section 221

Consequential amendments relating to entities controlled etc by local
authorities
15
Prevention of Corruption Act 1916 (c. 64)
1     (1)
Section 4 of the Prevention of Corruption Act 1916 (interpretation etc) is
amended as follows.
      (2)
In subsection (2)—
(a)
after “United Kingdom)” insert “and any entity which is under the
20
control of a local authority or jointly controlled by bodies that
include a local authority”;
(b)
omit the words from “and companies” to “local authorities”.
      (3)
After subsection (3) insert—
“(4)
For the purposes of subsection (2)—
25
“an entity under the control of a local authority”, and
“an entity jointly controlled by bodies that include a local
authority”,

have the meanings given for the purposes of that subsection by order
under section 222 of the Local Government and Public Involvement
30
in Health Act 2007.”
Local Government Act 1972 (c. 70)
2     (1)
Section 80 of the Local Government Act 1972 (disqualifications for election
and holding office as member of local authority) is amended as follows.
      (2)
In subsection (1), for paragraph (aa) substitute—
35
“(aa)
holds any employment in an entity which is under the control
of the local authority; or”.

Local Government and Public Involvement in Health Bill
Schedule 15 — Consequential amendments relating to entities controlled etc by local authorities
231

      (3)
After subsection (3) insert—
“(3A)
In subsection (1)(aa) as it applies in relation to a local authority in
England, the reference to an entity under the control of the local
authority has the meaning given by order under section 222 of the
Local Government and Public Involvement in Health Act 2007.
5
(3B)
In subsection (1)(aa) as it applies in relation to a local authority in
Wales, that reference has the meaning given by order under section
223 of that Act.”
Local Government, Planning and Land Act 1980 (c. 65)
3     (1)
The Local Government, Planning and Land Act 1980 is amended as follows.
10
      (2)
In section 98 (disposal of land at direction of Secretary of State)—
(a)
in subsection (8)(d)—
(i)
for “bodies” substitute “authorities”;
(ii)
for the words from “a company” to the end substitute “an
entity which is under the control of that body, subject to its
15
influence or jointly controlled by it and one or more other
bodies”;
(b)
in subsection (8A) for “bodies” substitute “authorities”.
      (3)
In section 100 (interpretation etc of Part 10)—
(a)
in subsection (1)(a), for the words from “a company” to “interests)”
20
substitute “an entity which is under the control of that body, subject
to its influence or jointly controlled by it and one or more other
bodies”;
(b)
after subsection (1) insert—
“(1ZA)
In relation to a body in England to whom this Part of this Act
25
applies, references in this Part to—
(a)
an entity under the control of the body,
(b)
an entity subject to the influence of the body, and
(c)
an entity jointly controlled by the body and one or
more other bodies,
30

have the meanings given by order under section 222 of the
Local Government and Public Involvement in Health Act
2007.
(1ZB)
In relation to a body in Wales to whom this Part of this Act
applies, those references have the meanings given by order
35
under section 223 of that Act.”
Environment Act 1995 (c. 25)
4     (1)
Paragraph 7 of Schedule 7 to the Environment Act 1995 (National Park
authorities) is amended as follows.
      (2)
In sub-paragraph (2) for the words from “a company” to the end substitute
40
“an entity which is under the control of that authority”.

Local Government and Public Involvement in Health Bill
Schedule 15 — Consequential amendments relating to entities controlled etc by local authorities
232

      (3)
After sub-paragraph (4) insert—
“(4A)
In sub-paragraph (2) as it applies in relation to a National Park
authority in England, the reference to an entity under the control of
the authority has the meaning given by order under section 222 of
the Local Government and Public Involvement in Health Act 2007.
5
(4B)
In sub-paragraph (2) as it applies in relation to a National Park
authority in Wales, that reference has the meaning given by order
under section 223 of that Act.”
Local Government Act 2003 (c. 26)
5     (1)
The Local Government Act 2003 is amended as follows.
10
      (2)
In section 18 (local authority companies etc)—
(a)
in subsection (2), at the end of paragraph (a) insert “and”, and for
paragraphs (b) and (c) substitute—
“(b)
an entity which is, or the trustees of a trust which is—
(i)
under the control of a local authority or
15
Passenger Transport Executive,
(ii)
subject to the influence of such an authority or
Executive, or
(iii)
jointly controlled by bodies that include such
an authority or Executive.”
20
(b)
after subsection (2) insert—
“(2A)
The references in subsection (2)(b) to—
(a)
“an entity under the control of” and “a trust under the
control of” a local authority or Passenger Transport
Executive,
25
(b)
“an entity subject to the influence of” and “a trust
subject to the influence of” such an authority or
Executive, and
(c)
“an entity jointly controlled by bodies that include”
and “a trust jointly controlled by bodies that include”
30
such an authority or Executive,

have the meanings given by order under section 222 of the
Local Government and Public Involvement in Health Act
2007.”
      (3)
The provision in section 24 of that Act (Wales) is renumbered subsection (1)
35
of that section, and after that provision there is inserted—
“(2)
In its application to Wales, section 18 has effect as if—
(a)
any reference to a Passenger Transport Executive were
omitted, and
(b)
for the reference in subsection (2A) to section 222 of the Local
40
Government and Public Involvement in Health Act 2007
there were substituted a reference to section 223 of that Act.”
      (4)
In section 95 (power to trade in function-related activities through a
company)—
(a)
in subsection (4) omit the words from “within” to the end;
45

Local Government and Public Involvement in Health Bill
Schedule 15 — Consequential amendments relating to entities controlled etc by local authorities
233

(b)
for subsections (5) and (6) substitute—
“(5)
An order under section 217 of the Local Government and
Public Involvement in Health Act 2007 (regulation of entities
controlled etc by local authorities) may include provision
applying any of the provisions of that order, with or without
5
modifications—
(a)
to a company through which a relevant authority
which is not a local authority for the purposes of that
section exercises or proposes to exercise powers
conferred by order under this section; or
10
(b)
to such a relevant authority, or members or officers of
such a relevant authority, in relation to such a
company.
(6)
Any requirement or prohibition imposed on or in relation to
a company by virtue of subsection (5) must relate to the doing
15
for a commercial purpose of the thing to which the order
under this section relates.”;
(c)
in subsection (7), before the definition of “ordinary functions”
insert—
““company” means—
20
(a)
a company within the meaning given by
section 1(1) of the Companies Act 2006; or
(b)
a society registered or deemed to be registered
under the Industrial and Provident Societies
Act 1965 or the Industrial and Provident
25
Societies Act (Northern Ireland) 1969,”.
      (5)
In subsection 96(5) (definition of “company”) for the words from “Part 5” to
the end substitute “section 95”.
      (6)
In section 100(2)(a) (exercise of powers by reference to authorities’
performance categories), for the words from “section 70” to the end
30
substitute “section 217 of the Local Government and Public Involvement in
Health Act 2007”.
Public Audit (Wales) Act 2004 (c. 23)
6     (1)
Section 48 of the Public Audit (Wales) Act 2004 (permitted methods of
publishing information) is amended as follows.
35
      (2)
In subsection (3)(a) for “a local authority company” substitute “an entity
under the control of a local authority”.
      (3)
For subsections (5) and (6) substitute—
“(5)
In subsection (3) “an entity under the control of a local authority” has
the meaning given for the purposes of that subsection by order under
40
section 223 of the Local Government and Public Involvement in
Health Act 2007.
(6)
But the Welsh Ministers may direct that an entity, or entities of a
particular description, are to be treated as not being under the
control of a local authority for the purposes of subsection (3).
45
(7)
A direction under subsection (6) may be given so as to apply—

Local Government and Public Involvement in Health Bill
Schedule 16 — The Valuation Tribunal for England
234

(a)
for a period specified in the direction; or
(b)
subject to conditions so specified.
(8)
A direction under subsection (6) may be varied or revoked by a
subsequent direction under that subsection.
(9)
In subsection (6) “entity” means any entity, whether or not a legal
5
person.”
Schedule 16
Section 224

The Valuation Tribunal for England
Introduction
1
Schedule 11 to the Local Government Finance Act 1988 (c. 41) is amended as
10
follows.
Establishment of the Tribunal
2
Before paragraph 1 (and the italic heading preceding it) insert—
“Part 1
The Valuation Tribunal for England
15
Establishment
A1
There shall be a Valuation Tribunal for England.
Jurisdiction
A2    (1)
The jurisdiction of the existing English tribunals, including their
jurisdiction under current legislation, is transferred to the
20
Tribunal.
      (2)
The jurisdiction of the existing English tribunals under current
legislation is their jurisdiction under any of the following—

This Act

Regulations under section 55.

25

Paragraph 4 of Schedule 4A.

Paragraph 5C of Schedule 9.

Land Drainage Act 1991 (c. 59)

Section 45.

Local Government Finance Act 1992 (c. 14)

30

Section 16.

Regulations under section 24.

Paragraph 3 of Schedule 3.

Local Government and Public Involvement in Health Bill
Schedule 16 — The Valuation Tribunal for England
235

      (3)
The jurisdiction transferred by this paragraph is to be exercised as
regards all appeals under that jurisdiction, whether made before
or after the transfer.
      (4)
The existing English tribunals are the valuation tribunals
established in relation to England by regulations under this
5
Schedule (prior to its amendment by the Local Government and
Public Involvement in Health Act 2007) which are in existence
immediately before this paragraph comes into force.
A3    (1)
This paragraph applies as regards any matter which falls within
the jurisdiction of the Tribunal.
10
      (2)
The Secretary of State may by regulations provide that, where the
persons mentioned in sub-paragraph (3) below agree in writing
that the matter is to be referred to arbitration, the matter shall be
so referred.
      (3)
The persons are the persons who, if the matter were to be the
15
subject of an appeal to the Tribunal, would be the parties to the
appeal.
Membership
A4
The Tribunal is to consist of the following members—
(a)
the President of the Valuation Tribunal for England;
20
(b)
one or more Vice-Presidents of the Valuation Tribunal for
England;
(c)
the members of a panel of persons to act as chairmen of the
Tribunal;
(d)
other persons appointed as members of the Tribunal.
25
A5
A Vice-President has the functions assigned to him by the
President.
A6    (1)
This paragraph applies if—
(a)
the office of President is vacant, or
(b)
the President is absent or otherwise unable to act.
30
      (2)
The President’s functions may be exercised by any Vice-President.
A7    (1)
It is for the Lord Chancellor to appoint the members of the
Tribunal.
      (2)
It is for the Secretary of State to determine the terms and
conditions on which members of the Tribunal are to be appointed.
35
      (3)
Paragraphs A11 to A13 make further provision about
determination of remuneration etc.
A8    (1)
It is for the Secretary of State to determine the following matters—
(a)
how many Vice-Presidents the Tribunal is to have;
(b)
how many members the panel of chairmen is to have;
40
(c)
how many other members the Tribunal is to have.
      (2)
A determination under this paragraph may specify, in relation to
a class of member—

Local Government and Public Involvement in Health Bill
Schedule 16 — The Valuation Tribunal for England
236

(a)
a particular number, or
(b)
a minimum number or a maximum number, or both.
      (3)
Before making a determination under this paragraph the Secretary
of State must consult both of the following—
(a)
the President;
5
(b)
the Valuation Tribunal Service.
Tenure of office
A9    (1)
A member of the Tribunal shall hold office in accordance with the
terms and conditions of his appointment.
      (2)
That is subject to the other provisions of this Schedule.
10
A10
The Lord Chancellor may remove a member of the Tribunal from
office if the Lord Chancellor is satisfied that the member is—
(a)
unable,
(b)
unwilling, or
(c)
unfit (whether because of misbehaviour or otherwise),
15

to perform his functions as a member of the Tribunal.
Remuneration, allowances & pension
A11
It is for the Secretary of State to determine what (if any)
remuneration is payable to the President and the Vice-Presidents.
A12
It is for the Secretary of State to determine what (if any) allowances
20
(including travelling and subsistence allowances) are payable to
the members of the Tribunal.
A13
It is for the Secretary of State to determine—
(a)
what (if any) pension is payable to, or in respect of, a
person who has held office as President or Vice-President,
25
and
(b)
what (if any) amounts are payable towards provision for
the payment of a pension to, or in respect of, a person who
has held office as President or Vice-President.
A14
The Valuation Tribunal Service must pay any amount which is
30
payable in accordance with a determination made by the Secretary
of State under paragraph A11, A12 or A13.
Organisation & delegation
A15
The President may make arrangements for the organisation of the
Tribunal (whether in divisions or otherwise).
35
A16   (1)
The President or a Vice-President may delegate any of his
functions to any other member of the Tribunal.
      (2)
But where the President or a Vice-President has been selected to
deal with an appeal, that person may not delegate any function of
deciding that appeal.
40
      (3)
A member of the Tribunal to whom a function is delegated under
sub-paragraph (1) may delegate the function to any other member