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
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements and community strategies
74

113
Approval of draft local area agreement by Secretary of State
(1)
Where a draft of a local area agreement has been submitted to him under
section 112(1), the Secretary of State may by notice in writing to the responsible
local authority—
(a)
approve the draft; or
5
(b)
require the responsible local authority to modify the draft.
(2)
Where the Secretary of State approves a draft local area agreement under
subsection (1)(a), a local area agreement in the form of the draft has effect for
the area of the responsible local authority for the period specified in the local
area agreement by virtue of section 112(1)(c).
10
(3)
A requirement under subsection (1)(b) to modify a draft of a local area
agreement operates for the purposes of section 112 as a direction under
subsection (1) of that section to prepare and submit a further draft of a local
area agreement.
114
Duty to have regard to local improvement targets
15
Where a local area agreement has effect under section 113(2)—
(a)
the responsible local authority, and
(b)
each partner authority,
must, in exercising its functions, have regard to every local improvement target
specified in the local area agreement which relates to it.
20
115
Designated targets
(1)
Where the Secretary of State approves a draft of a local area agreement under
section 113, he may, within one month beginning with the date on which he
approved the draft, designate any local improvement target specified in the
local area agreement.
25
(2)
Where the Secretary of State approves a revision proposal under section 118,
he may, within one month beginning with the date on which he approved the
revision proposal, designate any local improvement target which is added to
the local area agreement by virtue of the approval.
(3)
A designation under this section may be revoked.
30
(4)
The power to make or revoke a designation under this section is exercisable by
notice in writing to the responsible local authority.
116
Revision and addition of targets
(1)
A designated target may not be amended or removed from a local area
agreement except in accordance with sections 117 and 118.
35
(2)
Any other local improvement target for the time being specified in a local area
agreement may be—
(a)
amended, or
(b)
removed from the local area agreement,

by the responsible local authority, in accordance with subsection (4).
40
(3)
But subsection (2) does not apply—

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements and community strategies
75

(a)
during the period of one month beginning with the date on which a
draft of the local area agreement was approved by the Secretary of State
under section 113; or
(b)
in relation to any local improvement target which is added to the local
area agreement by virtue of the approval of a revision proposal, during
5
the period of one month beginning with the date on which the revision
proposal was approved by the Secretary of State under section 118.
(4)
A responsible local authority may amend or remove a local improvement
target under subsection (2) only—
(a)
with the consent of each partner authority to which the target relates;
10
and
(b)
after consulting each other person to whom it relates.
(5)
Local improvement targets may not be added to a local area agreement except
in accordance with—
(a)
subsection (6); or
15
(b)
sections 117 and 118.
(6)
The responsible local authority may, with the consent of each person to whom
the target in question is to relate, specify a new local improvement target in a
local area agreement.
117
Designated targets: revision proposals
20
(1)
At any time while a local area agreement has effect, a responsible local
authority—
(a)
may prepare and submit to the Secretary of State a revision proposal;
and
(b)
must do so if the Secretary of State so directs.
25
(2)
In this Chapter, “revision proposal”, in relation to a local area agreement,
means a document proposing any or all of the following—
(a)
changes to designated targets specified in the local area agreement;
(b)
the removal of designated targets from the local area agreement;
(c)
that additional local improvement targets be specified in the local area
30
agreement.
(3)
A revision proposal must—
(a)
if it proposes changes to a designated target under subsection (2)(a),
specify the persons to whom the target relates who have consented to
the changes;
35
(b)
if it proposes an additional local improvement target under subsection
(2)(c), specify the persons to whom the target is to relate.
(4)
In preparing a revision proposal, the responsible local authority must—
(a)
consult—
(i)
each partner authority; and
40
(ii)
such other persons as appear to it to be appropriate;
(b)
co-operate with each partner authority in determining changes to or the
removal of designated targets, or additional local improvement targets,
relating to the partner authority which are to be proposed by the
revision proposal; and
45
(c)
have regard to—

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements and community strategies
76

(i)
its community strategy prepared under section 4 of the Local
Government Act 2000 (c. 22) (strategies for promoting well-
being); and
(ii)
any guidance issued by the Secretary of State.
(5)
In determining changes to or the removal of designated targets, or additional
5
local improvement targets, relating to it which are to be proposed by the
revision proposal, each partner authority must—
(a)
co-operate with the responsible local authority; and
(b)
have regard to any guidance issued by the Secretary of State.
(6)
Before issuing any guidance under this section, the Secretary of State must
10
consult such representatives of local government (including representatives of
partner authorities) and such other persons (if any) as he considers
appropriate.
(7)
A direction under subsection (1)(b) may specify the date by which a revision
proposal must be submitted to the Secretary of State.
15
(8)
A direction under subsection (1)(b) may be varied or revoked.
118
Approval of revision proposal
(1)
Where a revision proposal relating to a local area agreement has been
submitted to him under section 117(1), the Secretary of State may by notice to
the responsible local authority—
20
(a)
approve the revision proposal;
(b)
if the revision proposal was submitted to him pursuant to a direction
under section 117(1)(b), require the responsible local authority to
modify the revision proposal; or
(c)
reject the revision proposal.
25
(2)
If the Secretary of State approves the revision proposal, the local area
agreement has effect subject to the changes set out in the revision proposal.
(3)
Where a designated target is modified by virtue of subsection (2), the
designation under section 115 continues to apply to the target as so modified
(until revoked under that section).
30
(4)
A requirement under subsection (1)(b) to modify a revision proposal operates
for the purposes of section 117 as a direction under subsection (1)(b) of that
section to prepare and submit a further revision proposal.
119
Duty to publish information about local area agreement
(1)
The responsible local authority must publish a memorandum relating to a local
35
area agreement—
(a)
whenever the Secretary of State—
(i)
designates a local improvement target under section 115; or
(ii)
revokes a designation under that section; and
(b)
whenever the local area agreement is modified—
40
(i)
under section 116(2) or (6); or
(ii)
by virtue of section 118(2).
(2)
A memorandum under subsection (1) must state—

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements and community strategies
77

(a)
the period for which the local area agreement has effect;
(b)
the local improvement targets for the time being specified in the local
area agreement;
(c)
in relation to each of those targets—
(i)
whether it is for the time being a designated target;
5
(ii)
the persons who are required by section 114 to have regard to
the target; and
(iii)
any other persons to whom the target relates;

and must take such form as the Secretary of State may direct.
(3)
Different directions may be given under subsection (2) in relation to different
10
responsible local authorities or different descriptions of responsible local
authority.
(4)
A direction under subsection (2) may be varied or revoked.
120
Preparation of community strategy
(1)
Section 4 of the Local Government Act 2000 (c. 22) (strategies for promoting
15
well-being) is amended as follows.
(2)
In subsection (3)(a), for “such persons as they consider appropriate, and”
substitute “—
(i)
in the case of a responsible local authority, each partner
authority and such other persons as the responsible
20
local authority consider appropriate, or
(ii)
in any other case, such persons as the authority consider
appropriate, and”.
(3)
At the end insert—
“(6)
In subsection (3)(a), “responsible local authority” and “partner
25
authority”, in relation to a responsible local authority, have the same
meanings as in Chapter 1 (local area agreements) of Part 5 of the Local
Government and Public Involvement in Health Act 2007 (see sections
109 and 110 of that Act).”
121
Orders under Part 1 of Local Government Act 2000: Wales
30
(1)
Part 1 of the Local Government Act 2000 (promotion of economic, social or
environmental well-being etc) is amended as follows.
(2)
In section 3(7) (limits on power to promote well-being) and section 4(5)
(strategies for promoting well-being), for “the National Assembly for Wales”
substitute “the Welsh Ministers”.
35
(3)
In section 5 (power to amend or repeal enactments relating to power to
promote well-being), for subsection (4) substitute—
“(4)
In exercising the power under subsection (1), the Secretary of State
must not make any provision which has effect in relation to Wales
unless he has consulted the Welsh Ministers.
40
(4A)
In exercising the power under subsection (1), the Secretary of State—
(a)
must not make any provision amending, repealing or
disapplying any Measure or Act of the National Assembly for

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements and community strategies
78

Wales without the consent of the National Assembly for Wales,
and
(b)
must not make any provision amending, revoking or
disapplying subordinate legislation made by the Welsh
Ministers (or the National Assembly for Wales established
5
under the Government of Wales Act 1998) without the consent
of the Welsh Ministers.
(4B)
Subsection (4A) does not apply to the extent that the Secretary of State
is making incidental or consequential provision.”
(4)
In subsection (5) of that section, for “The National Assembly for Wales”
10
substitute “The Welsh Ministers”.
(5)
In section 6 (power to modify enactments concerning plans etc)—
(a)
in subsection (1), at the end insert “so far as that enactment has effect in
relation to a local authority in England”;
(b)
in subsection (2)(a) and (b), after “authorities” insert “in England”;
15
(c)
in subsection (2)(c), after “authority” insert “in England”; and
(d)
omit subsections (5) and (6).
(6)
In section 7 (power to modify enactments concerning plans etc: Wales)—
(a)
in subsection (1)—
(i)
for “the National Assembly for Wales” substitute “the Welsh
20
Ministers”; and
(ii)
for “to which subsection (2) applies” substitute “(whenever
passed or made) which requires a local authority to prepare,
produce or publish any plan or strategy relating to any
particular matter”;
25
(b)
omit subsection (2);
(c)
in subsection (4), for “the National Assembly for Wales considers”
substitute “the Welsh Ministers consider”; and
(d)
omit subsection (6).
(7)
At the end of that section insert—
30
“(8)
An order under this section may not make a provision which, if it were
a provision of a Measure of the National Assembly for Wales, would be
outside the Assembly’s legislative competence.
(9)
For the purposes of subsection (8), section 94(4) of the Government of
Wales Act 2006 has effect as if paragraph (a) (matters within legislative
35
competence) were omitted.
(10)
Subject to subsection (11), a statutory instrument which contains an
order under this section is not to be made unless a draft of the
instrument has been laid before and approved by a resolution of the
National Assembly for Wales.
40
(11)
A statutory instrument containing an order under this section which is
made only for the purpose of amending an earlier such order—
(a)
so as to extend the earlier order, or any provision of the earlier
order, to a particular authority or to authorities of a particular
description, or
45

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements and community strategies
79

(b)
so that the earlier order, or any provision of the earlier order,
ceases to apply to a particular authority or to authorities of a
particular description,

is to be subject to annulment in pursuance of a resolution of the
National Assembly for Wales.”.
5
(8)
In section 9 (procedure for orders under section 5 or 6)—
(a)
in subsection (2), for “the National Assembly for Wales” substitute “the
Welsh Ministers”; and
(b)
in subsection (3)(d), for “the National Assembly for Wales” substitute
“the Welsh Ministers”.
10
(9)
After section 9 insert—
“9A
Procedure for orders under section 7
(1)
Before the Welsh Ministers make an order under section 7 they must
consult—
(a)
such local authorities in Wales,
15
(b)
such representatives of local government in Wales, and
(c)
such other persons (if any),

as appear to them to be likely to be affected by their proposals.
(2)
If, following consultation under subsection (1), the Welsh Ministers
propose to make an order under section 7 they must lay before the
20
National Assembly for Wales a document which—
(a)
explains their proposals,
(b)
sets them out in the form of a draft order, and
(c)
gives details of consultation under subsection (1).
(3)
Where a document relating to proposals is laid before the National
25
Assembly for Wales under subsection (2), no draft of an order under
section 7 to give effect to the proposals (with or without modifications)
is to be laid before the National Assembly for Wales until after the
expiry of the period of sixty days beginning with the day on which the
document was laid.
30
(4)
In calculating the period mentioned in subsection (3) no account is to be
taken of any time during which the National Assembly is dissolved or
is in recess for more than four days.
(5)
In preparing a draft order under section 7 the Welsh Ministers must
consider any representations made during the period mentioned in
35
subsection (3).
(6)
A draft order under section 7 which is laid before the National
Assembly for Wales must be accompanied by a statement of the Welsh
Ministers giving details of—
(a)
any representations considered in accordance with subsection
40
(5), and
(b)
any changes made to the proposals contained in the document
laid before the National Assembly for Wales under subsection
(2).

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements and community strategies
80

(7)
Nothing in this section applies to an order under section 7 which is
made only for the purpose of amending an earlier order under that
section—
(a)
so as to extend the earlier order, or any provision of the earlier
order, to a particular authority or to authorities of a particular
5
description, or
(b)
so that the earlier order, or any provision of the earlier order,
ceases to apply to a particular authority or to authorities of a
particular description.”
122
Health and social care: joint strategic needs assessments
10
(1)
An assessment of relevant needs must be prepared in relation to the area of
each responsible local authority.
(2)
A further assessment of relevant needs in relation to the area of a responsible
local authority—
(a)
must be prepared if the Secretary of State so directs; and
15
(b)
may be prepared at any time.
(3)
A direction under subsection (2)(a) may be revoked.
(4)
It is for—
(a)
the responsible local authority, and
(b)
each of its partner PCTs,
20

to prepare any assessment of relevant needs under this section in relation to the
area of the responsible local authority.
(5)
The responsible local authority must publish each assessment of relevant
needs prepared under this section in relation to its area.
(6)
For the purposes of this section, there is a relevant need in relation to so much
25
of the area of a responsible local authority as falls within the area for which a
partner PCT acts if there appears to the responsible local authority and the
partner PCT to be a need to which subsection (7) applies.
(7)
This subsection applies to a need—
(a)
which—
30
(i)
is capable of being met to a significant extent by the exercise by
the responsible local authority of any of its functions; and
(ii)
could also be met, or could otherwise be affected, to a
significant extent by the exercise by the partner PCT of any of its
functions; or
35
(b)
which—
(i)
is capable of being met to a significant extent by the exercise by
the partner PCT of any of its functions; and
(ii)
could also be met, or could otherwise be affected, to a
significant extent by the exercise by the responsible local
40
authority of any of its functions.
(8)
In preparing an assessment under this section, the responsible local authority
and each partner PCT must—
(a)
co-operate with one another;
(b)
have regard to any guidance issued by the Secretary of State; and
45