|
| |
| |
(b) | is the subject of a dispute between two or more public bodies |
| |
that is not resolved by or under any order or regulations under |
| |
| |
“public body” has the same meaning as in section 16; |
| |
“reorganisation of community governance” means any changes made by |
| 5 |
giving effect to a community governance review. |
| |
| |
(1) | The Secretary of State may issue guidance about undertaking community |
| |
| |
(2) | The Electoral Commission may issue guidance about the making of |
| 10 |
recommendations under sections 95(2) or 96(2) (electoral arrangements for |
| |
parish councils) or 98 (consequential recommendations about county, district |
| |
or London borough councils). |
| |
(3) | The Secretary of State may issue guidance about giving effect to community |
| |
| 15 |
(4) | A principal council must have regard to guidance issued under this section. |
| |
107 | Consequential amendments |
| |
Schedule 6 (consequential amendments) has effect. |
| |
| |
(1) | This section applies for the purposes of this Chapter. |
| 20 |
(2) | The following expressions have the meanings given— |
| |
“alternative style” has the same meaning as in sections 9 to 16A of the |
| |
Local Government Act 1972 (c. 70) (see section 17A of that Act); |
| |
“area under review”, in relation to a community governance review, |
| |
means however much of the area of a principal council is subject to the |
| 25 |
| |
“community governance petition” has the meaning given by section 86; |
| |
“community governance review” has the meaning given by section 85; |
| |
“electoral arrangements”, in relation to a parish council, means all of the |
| |
| 30 |
(a) | the year in which ordinary elections of councillors are to be |
| |
| |
(b) | the number of councillors to be elected to the council, or (in the |
| |
case of a common council) the number of councillors to be |
| |
elected to the council by each parish; |
| 35 |
(c) | the division (or not) of the parish, or (in the case of a common |
| |
council) any of the parishes, into wards for the purpose of |
| |
| |
(d) | the number and boundaries of any such wards; |
| |
(e) | the number of councillors to be elected for any such ward; |
| 40 |
(f) | the name of any such ward; |
| |
“local government elector” has the same meaning as in the Local |
| |
Government Act 1972 (see section 270); |
| |
| |
| |
|
| |
| |
“petition area” means the area to which a community governance petition |
| |
| |
“principal council” means— |
| |
(a) | a district council in England, |
| |
(b) | a county council in England for an area in which there are no |
| 5 |
| |
(c) | a London borough council; |
| |
“reorganisation order” means an order under section 92; |
| |
“relevant two-year period”, in relation to receipt of a community |
| |
governance petition, means the period of two years ending with the |
| 10 |
day on which the petition is received by the principal council; |
| |
“specified recommendations”, in relation to a community governance |
| |
petition, means the recommendations— |
| |
(a) | specified in the petition, or |
| |
(b) | treated by section 86 as included in the recommendations |
| 15 |
specified in the petition; |
| |
“terms of reference” has the meaning given by section 87. |
| |
(3) | A principal council “begins” a community governance review when the |
| |
council publishes the terms of reference of the review. |
| |
(4) | A principal council “concludes” a community governance review when the |
| 20 |
council publishes the notice required by 102(3). |
| |
(5) | A principal council is “in the course of undertaking” a community governance |
| |
review in the period between— |
| |
(a) | beginning the review, and |
| |
(b) | concluding the review. |
| 25 |
(6) | The terms of reference of a community governance review “allow for a |
| |
community governance petition to be considered” if the terms of reference of |
| |
the review are such that— |
| |
(a) | the area under review includes the whole of the petition area; and |
| |
(b) | the recommendations to be considered by the review include all of the |
| 30 |
petition’s specified recommendations. |
| |
| |
Co-operation of English authorities with local partners, etc |
| |
| |
Local area agreements and community strategies |
| 35 |
109 | Application of Chapter: responsible local authorities |
| |
For the purposes of this Chapter, each of the following is a responsible local |
| |
| |
(a) | a county council in England; |
| |
(b) | a district council in England, other than a council for a district in a |
| 40 |
county for which there is a county council; |
| |
(c) | a London borough council; |
| |
(d) | the Council of the Isles of Scilly; |
| |
| |
| |
|
| |
| |
(e) | the Common Council of the City of London in its capacity as a local |
| |
| |
110 | Application of Chapter: partner authorities |
| |
(1) | For the purposes of this Chapter, each of the following is a partner authority in |
| |
relation to a responsible local authority— |
| 5 |
(a) | any person mentioned in subsection (2) who acts or is established for an |
| |
area which, or any part of which, coincides with or falls within the |
| |
responsible local authority’s area; |
| |
(b) | any person mentioned in subsection (3) who provides services at or |
| |
from a hospital or other establishment or facility which falls within the |
| 10 |
responsible local authority’s area; and |
| |
(c) | any person mentioned in subsection (4). |
| |
(2) | The persons referred to in subsection (1)(a) are— |
| |
(a) | any district council which is not a responsible local authority; |
| |
(b) | a fire and rescue authority; |
| 15 |
(c) | a National Park authority; |
| |
(d) | the Broads Authority; |
| |
| |
(f) | a chief officer of police; |
| |
(g) | a joint waste authority established under section 212(1); |
| 20 |
(h) | a waste disposal authority established under section 10 of the Local |
| |
Government Act 1985 (c. 51); |
| |
(i) | a metropolitan county passenger transport authority established by |
| |
section 28 of the Local Government Act 1985 (joint arrangements); |
| |
(j) | Transport for London; |
| 25 |
(k) | a Primary Care Trust; |
| |
(l) | a development agency established by section 1 of the Regional |
| |
Development Agencies Act 1998 (c. 45); |
| |
(m) | a local probation board established by section 4 of the Criminal Justice |
| |
and Court Services Act 2000 (c. 43); |
| 30 |
(n) | a youth offending team established under section 39 of the Crime and |
| |
Disorder Act 1998 (c. 37). |
| |
(3) | The persons referred to in subsection (1)(b) are— |
| |
(a) | a National Health Service trust; |
| |
(b) | an NHS foundation trust. |
| 35 |
(4) | The persons referred to in subsection (1)(c) are— |
| |
(a) | the Arts Council of England; |
| |
(b) | the English Sports Council; |
| |
(c) | the Environment Agency; |
| |
(d) | the Health and Safety Executive; |
| 40 |
(e) | the Historic Buildings and Monuments Commission; |
| |
(f) | the Learning and Skills Council for England; |
| |
(g) | the Museums, Libraries and Archives Council; |
| |
| |
(i) | the Secretary of State, but only in relation to— |
| 45 |
| |
| |
|
| |
| |
(i) | his functions under section 2 of the Employment and Training |
| |
Act 1973 (c. 50) (arrangements with respect to obtaining etc |
| |
employment or employees); |
| |
(ii) | functions which he has as highway authority by virtue of |
| |
section 1 of the Highways Act 1980 (c. 66); and |
| 5 |
(iii) | functions which he has as traffic authority by virtue of section |
| |
121A of the Road Traffic Regulation Act 1984 (c. 27). |
| |
(5) | In this section, “fire and rescue authority” means— |
| |
(a) | a fire and rescue authority constituted by— |
| |
(i) | a scheme under section 2 of the Fire and Rescue Services Act |
| 10 |
| |
(ii) | a scheme to which section 4 of that Act applies; |
| |
(b) | a metropolitan county fire and rescue authority; or |
| |
(c) | the London Fire and Emergency Planning Authority. |
| |
(6) | In subsection (1)(a), references to the area for which a person acts or is |
| 15 |
established are references— |
| |
(a) | in the case of the Commissioner of Police of the Metropolis, to the |
| |
metropolitan police district (within the meaning of the Police Act 1996 |
| |
| |
(b) | in the case of the Commissioner of the City of London Police, to the City |
| 20 |
of London police area (within the meaning of that Act); |
| |
(c) | in the case of any other chief officer of police, to the police area listed in |
| |
Schedule 1 to that Act for which his police force is maintained; |
| |
(d) | in the case of Transport for London, Greater London. |
| |
(7) | The Secretary of State may by order— |
| 25 |
(a) | amend subsection (2), (3) or (4) by— |
| |
(i) | adding to it any person who has functions of a public nature; |
| |
(ii) | removing from it any person for the time being mentioned in it; |
| |
| |
(iii) | adding to subsection (4)(i) any function of the Secretary of State |
| 30 |
or removing from it any function for the time being mentioned |
| |
| |
(b) | make such other amendments of this section as appear to him to be |
| |
necessary or expedient in consequence of provision made under |
| |
| 35 |
(8) | Before making an order under subsection (7) the Secretary of State must |
| |
consult such representatives of local government and such other persons (if |
| |
any) as he considers appropriate. |
| |
111 | “Local improvement targets”: interpretation |
| |
(1) | In this Chapter, “local improvement target” means a target for improvement in |
| 40 |
the economic, social or environmental well-being of the responsible local |
| |
authority’s area which relates to any or all of the following— |
| |
(a) | the responsible local authority; |
| |
(b) | one or more partner authorities; |
| |
(c) | one or more other persons acting, or having functions exercisable, in |
| 45 |
the area of the responsible local authority. |
| |
| |
| |
|
| |
| |
(2) | For the purposes of this Chapter, a target specified in a local area agreement |
| |
relates to the responsible local authority if the exercise by the authority of any |
| |
of its functions, or anything done by the authority, could contribute to the |
| |
attainment of the target. |
| |
(3) | For the purposes of this Chapter, a target specified in a local area agreement |
| 5 |
relates to a person other than the responsible local authority if— |
| |
(a) | the exercise by the person of any of his functions, or anything done by |
| |
the person, could contribute to the attainment of the target; and |
| |
(b) | the person has consented to the target being specified in the local area |
| |
agreement (and, where the target has been amended under section 116 |
| 10 |
or 118, to the amendment). |
| |
112 | Duty to prepare and submit draft of a local area agreement |
| |
(1) | When the Secretary of State so directs, a responsible local authority must |
| |
prepare and submit to him a draft of a document (“a local area agreement”) |
| |
| 15 |
(a) | local improvement targets; |
| |
(b) | in relation to each local improvement target, the persons to whom the |
| |
| |
(c) | the period for which the local area agreement is to have effect. |
| |
(2) | In preparing the draft local area agreement, the responsible local authority |
| 20 |
| |
| |
(i) | each partner authority; and |
| |
(ii) | such other persons as appear to it to be appropriate; |
| |
(b) | co-operate with each partner authority in determining the local |
| 25 |
improvement targets relating to the partner authority which are to be |
| |
specified in the draft local area agreement; and |
| |
| |
(i) | its community strategy prepared under section 4 of the Local |
| |
Government Act 2000 (c. 22) (strategies for promoting well- |
| 30 |
| |
(ii) | any guidance issued by the Secretary of State. |
| |
(3) | In determining the local improvement targets relating to it which are to be |
| |
specified in the draft local area agreement, each partner authority must— |
| |
(a) | co-operate with the responsible local authority; and |
| 35 |
(b) | have regard to any guidance issued by the Secretary of State. |
| |
(4) | Before issuing any guidance under this section, the Secretary of State must |
| |
consult such representatives of local government (including representatives of |
| |
partner authorities) and such other persons (if any) as he considers |
| |
| 40 |
(5) | A direction under subsection (1) may specify the date by which a draft of a local |
| |
area agreement must be submitted to the Secretary of State. |
| |
(6) | A direction under subsection (1) may be varied or revoked. |
| |
| |
| |
|
