Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
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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
81

(c)
if the responsible local authority is a county council, consult each
relevant district council.
(9)
In this section—
“partner PCT”, in relation to a responsible local authority, means any
Primary Care Trust which is a partner authority of the responsible local
5
authority;
“relevant district council” means—
(a)
in relation to a responsible local authority, any district council
which is a partner authority of it; and
(b)
in relation to a partner PCT of a responsible local authority, any
10
district council which is a partner authority of the responsible
local authority and whose district falls wholly or partly within
the area for which the partner PCT acts.
123
Interpretation of Chapter
In this Chapter—
15
“designated target” means a local improvement target designated by the
Secretary of State under section 115;
“local area agreement” has the meaning given by section 112;
“local improvement target” has the meaning given by section 111;
“partner authority”, in relation to a responsible local authority, has the
20
meaning given by section 110;
“responsible local authority” has the meaning given by section 109; and
“the responsible local authority”, in relation to a local area agreement,
means the responsible local authority required under section 112 to
prepare a draft of the local area agreement;
25
“revision proposal” has the meaning given by section 117.
124
Transitional provision
(1)
This section applies in relation to each responsible local authority when it is
first directed by the Secretary of State under subsection (1) of section 112 to
prepare and submit a draft of a local area agreement.
30
(2)
If the direction so provides—
(a)
it is immaterial, for the purpose of satisfying the duty imposed by that
subsection, whether the draft of the local area agreement was prepared
before or after the direction was given; and
(b)
subsections (2) and (3) of that section do not apply in relation to the
35
preparation of that draft local area agreement.

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees
82

Chapter 2
Overview and scrutiny committees
125
Reference of matter by councillor to overview and scrutiny committee
After section 21 of the Local Government Act 2000 (c. 22) insert—
“21A
Reference of matters to overview and scrutiny committee etc
5
(1)
Executive arrangements by a local authority must include provision
which—
(a)
enables any member of an overview and scrutiny committee of
the authority to refer to the committee any matter which is
relevant to the functions of the committee,
10
(b)
enables any member of a sub-committee of such a committee to
refer to the sub-committee any matter which is relevant to the
functions of the sub-committee, and
(c)
in the case of a local authority in England, enables any member
of the authority to refer to an overview and scrutiny committee
15
of the authority of which he is not a member any local
government matter which is relevant to the functions of the
committee.
(2)
For the purposes of subsection (1), provision enables a person to refer a
matter to a committee or sub-committee if it enables him to ensure that
20
the matter is included in the agenda for, and discussed at, a meeting of
the committee or sub-committee.
(3)
In considering whether to exercise the power which he has by virtue of
subsection (1)(c) in any case, a member of an authority must have
regard to any guidance for the time being issued by the Secretary of
25
State.
(4)
Guidance under subsection (3) may make different provision for
different cases.
(5)
Subsections (6) to (8) apply where a local government matter is referred
to an overview and scrutiny committee by a member of a local
30
authority in accordance with provision made pursuant to subsection
(1)(c).
(6)
In considering whether or not to exercise any of its powers under
section 21(2) in relation to the matter, the committee may have regard
to—
35
(a)
any powers which the member may exercise in relation to the
matter by virtue of section 239 of the Local Government and
Public Involvement in Health Act 2007 (exercise of functions by
local councillors in England), and
(b)
any representations made by the member as to why it would be
40
appropriate for the committee to exercise any of its powers
under section 21(2) in relation to the matter.
(7)
If the committee decides not to exercise any of those powers in relation
to the matter, it must notify the member of—
(a)
its decision, and
45

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees
83

(b)
the reasons for it.
(8)
The committee must provide the member with a copy of any report or
recommendations which it makes to the authority or the executive
under section 21(2) in relation to the matter.
(9)
Subsection (8) is subject to section 21D.
5
(10)
In this section “local government matter”, in relation to a member of a
local authority, means a matter which—
(a)
relates to the discharge of any function of the authority,
(b)
affects all or part of the electoral area for which the member is
elected or any person who lives or works in that area, and
10
(c)
is not an excluded matter.
(11)
In subsection (10)(c), “excluded matter” means any matter which is—
(a)
a local crime and disorder matter within the meaning of section
19 of the Police and Justice Act 2006 (local authority scrutiny of
crime and disorder matters), or
15
(b)
a matter of any description specified in an order made by the
Secretary of State for the purposes of this section.”
126
Power of overview and scrutiny committee to question members of authority
(1)
In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny
committees), in subsection (13), before “and” immediately following
20
paragraph (a) insert—
“(aa)
may require any other member of the authority to attend before
it to answer questions relating to any function which is
exercisable by the member by virtue of section 239 of the Local
Government and Public Involvement in Health Act 2007
25
(exercise of functions by local councillors in England),”.
(2)
In subsection (14) of that section, for the words following “mentioned in”
substitute “paragraph (a) or (aa) of subsection (13) to comply with any
requirement mentioned in that paragraph”.
127
Powers to require information from partner authorities
30
(1)
After section 22 of the Local Government Act 2000 insert—
“22A
Overview and scrutiny committees of certain authorities in England:
provision of information etc by certain partner authorities
(1)
The Secretary of State may by regulations make provision, in relation to
a relevant committee—
35
(a)
as to information which relevant partner authorities must
provide to the relevant committee, and
(b)
as to information which may not be disclosed by a relevant
partner authority to the relevant committee.
(2)
In subsection (1), references to information do not include information
40
in respect of which provision may be made in exercise of the power
conferred by—

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees
84

(a)
section 20(5)(c) or (d) of the Police and Justice Act 2006
(guidance and regulations regarding crime and disorder
matters), or
(b)
section 244(2)(d) or (e) of the National Health Service Act 2006
(functions of overview and scrutiny committees).
5
(3)
For the purposes of subsection (1), “relevant committee” and “relevant
partner authority” have the meanings given by section 21C.
(4)
The Secretary of State may also by regulations make provision, in
relation to a relevant district council committee—
(a)
as to information which associated authorities must provide to
10
the relevant district council committee, and
(b)
as to information which may not be disclosed by an associated
authority to the relevant district council committee.
(5)
In subsection (4), references to information do not include information
in respect of which provision may be made in exercise of the power
15
conferred by section 20(5)(c) or (d) of the Police and Justice Act 2006
(guidance and regulations regarding crime and disorder matters).
(6)
For the purposes of subsection (4)—
“relevant district council committee” means—
(a)
an overview and scrutiny committee of a district council
20
which is not a responsible local authority (“the district
council”), or
(b)
a sub-committee of such a committee;
“associated authority”, in relation to a relevant district council
committee, means—
25
(a)
the county council which is the responsible local
authority in relation to the district council, or
(b)
any person (other than the district council) which is a
partner authority in relation to that county council,
other than—
30
(i)
a police authority, or
(ii)
a chief officer of police;

and for this purpose, “responsible local authority” and “partner
authority” have the same meanings as in Chapter 1 of Part 5 of the Local
Government and Public Involvement in Health Act 2007.
35
(7)
Regulations under this section may make different provision in relation
to different persons or committees or descriptions of person or
committee.
(8)
The power conferred by subsection (7) does not affect the power
conferred by section 105(2)(b).”
40
(2)
In section 20 of the Police and Justice Act 2006 (c. 48) (guidance and regulations
regarding crime and disorder matters), after subsection (6) insert—
“(6A)
In subsection (5)(c) and (d), references to information are, in relation to
any crime and disorder committee, to information relating to—
(a)
the discharge, or decisions made or other action taken in
45
connection with the discharge, by the responsible authorities of
their crime and disorder functions; or

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees
85

(b)
local crime and disorder matters which the committee is
required to consider under section 19(6).”
(3)
In subsection (7) of that section, for “and “co-operating persons and bodies””
substitute “, “co-operating persons and bodies”, “crime and disorder
functions” and “local crime and disorder matters””.
5
(4)
In section 244 of the National Health Service Act 2006 (c. 41) (functions of
overview and scrutiny committees), after subsection (2) insert—
“(2A)
In subsection (2)(d) and (e), references to information are to
information relating to matters relating to the health service in the
authority’s area.”
10
128
Overview and scrutiny committees: reports and recommendations
(1)
After section 21A of the Local Government Act 2000 (c. 22) (inserted by section
125) insert—
“21B
Duty of authority or executive to respond to overview and scrutiny
committee
15
(1)
This section applies where an overview and scrutiny committee of a
local authority in England makes a report or recommendations to the
authority or the executive, otherwise than—
(a)
by virtue of subsection (1)(b) of section 19 of the Police and
Justice Act 2006 (local authority scrutiny of crime and disorder
20
matters), or
(b)
under subsection (6) of that section.
(2)
The overview and scrutiny committee may publish the report or
recommendations.
(3)
The overview and scrutiny committee must by notice in writing require
25
the authority or executive—
(a)
to consider the report or recommendations,
(b)
to respond to the overview and scrutiny committee indicating
what (if any) action the authority propose, or the executive
proposes, to take,
30
(c)
if the overview and scrutiny committee has published the
report or recommendations under subsection (2), to publish the
response,
(d)
if the overview and scrutiny committee provided a copy of the
report or recommendations to a member of the authority under
35
section 21A(8), to provide the member with a copy of the
response,

and to do so within two months beginning with the date on which the
authority or executive received the report or recommendations or (if
later) the notice.
40
(4)
It is the duty of an authority or executive to which a notice is given
under subsection (3) to comply with the requirements specified in the
notice.
(5)
Subsections (2) and (4) are subject to section 21D and to any provision
made under section 22(12A).
45

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees
86

(6)
In this section—
(a)
references to an overview and scrutiny committee include
references to a sub-committee of such a committee; and
(b)
references to “the authority” or “the executive”, in relation to an
overview and scrutiny committee, or a sub-committee of such a
5
committee, are to the authority by which the overview and
scrutiny committee is established or to the executive of that
authority.
21C
Reports and recommendations of overview and scrutiny committees:
duties of certain partner authorities
10
(1)
This section applies where—
(a)
a relevant committee makes a report or recommendations to the
authority or the executive, otherwise than—
(i)
by virtue of subsection (1)(b) of section 19 of the Police
and Justice Act 2006 (local authority scrutiny of crime
15
and disorder matters), or
(ii)
under subsection (6) of that section, and
(b)
the report or any of the recommendations relates to a local
improvement target which—
(i)
relates to a relevant partner authority, and
20
(ii)
is specified in a local area agreement of the authority.
(2)
The relevant committee may by notice in writing to the relevant partner
authority require the relevant partner authority to have regard to the
report or recommendation in question in exercising their functions.
(3)
A notice under subsection (2) must be accompanied by a copy of the
25
report or recommendations.
(4)
It is the duty of a relevant partner authority to which a notice is given
under subsection (2) to comply with the requirement specified in the
notice.
(5)
Subsection (2) does not apply if—
30
(a)
the relevant partner authority is a health service body, and
(b)
by virtue of section 244 of the National Health Service Act 2006,
the report was, or the recommendations were, made to the
health service body (as well as to the authority or the executive).
(6)
In subsection (5), “health service body” means—
35
(a)
a National Health Service trust,
(b)
an NHS foundation trust, or
(c)
a Primary Care Trust.
(7)
Subsections (2) and (3) are subject to section 21D.
(8)
In this section—
40
“the authority”, in relation to a relevant committee, means—
(a)
in the case of an overview and scrutiny committee, the
local authority by which it is established, and
(b)
in the case of a sub-committee of an overview and
scrutiny committee, the local authority by which the
45
overview and scrutiny committee is established,

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees
87

“the executive”, in relation to a relevant committee, means the
executive of the authority,
“local improvement target” and “local area agreement” have the
same meanings as in Chapter 1 of Part 5 of the Local
Government and Public Involvement in Health Act 2007 (local
5
area agreements),
“relevant committee” means—
(a)
any overview and scrutiny committee of—
(i)
a county council in England,
(ii)
a district council in England, other than a council
10
for a district in a county for which there is a
county council, or
(iii)
a London borough council, or
(b)
a sub-committee of an overview and scrutiny committee
within paragraph (a), and
15
“relevant partner authority”, in relation to a relevant committee,
means any person who is a partner authority in relation to the
authority for the purposes of Chapter 1 of Part 5 of the Local
Government and Public Involvement in Health Act 2007, other
than—
20
(a)
a police authority, or
(b)
a chief officer of police;

and references to a target relating to a relevant partner authority are to
be construed in accordance with section 111(3) of the Local
Government and Public Involvement in Health Act 2007.
25
21D
Publication etc of reports, recommendations and responses:
confidential and exempt information
(1)
This section applies to—
(a)
the publication under section 21B of any document
comprising—
30
(i)
a report or recommendations of an overview and
scrutiny committee, or
(ii)
a response of a local authority to any such report or
recommendations, and
(b)
the provision of a copy of such a document—
35
(i)
to a member of a local authority under section 21A(8) or
section 21B, or
(ii)
to a relevant partner authority under section 21C,

by an overview and scrutiny committee or a local authority.
(2)
The overview and scrutiny committee or the local authority, in
40
publishing the document or providing a copy of the document to a
relevant partner authority—
(a)
must exclude any confidential information, and
(b)
may exclude any relevant exempt information.
(3)
The overview and scrutiny committee or the local authority, in
45
providing a copy of the document to a member of the local authority,
may exclude any confidential information or relevant exempt
information.