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 2 — Overview and scrutiny committees
88

(4)
Where information is excluded under subsection (2) or (3), the
overview and scrutiny committee or the local authority, in publishing,
or providing a copy of, the document—
(a)
may replace so much of the document as discloses the
information with a summary which does not disclose that
5
information, and
(b)
must do so if, in consequence of excluding the information, the
document published, or copy provided, would be misleading
or not reasonably comprehensible.
(5)
If by virtue of subsection (2), (3) or (4) an overview and scrutiny
10
committee, in publishing or providing a copy of a report or
recommendations—
(a)
excludes information, or
(b)
replaces part of the report or recommendations with a
summary,
15

it is nevertheless to be taken for the purposes of section 21B(3)(c) or (d)
to have published or provided a copy of the report or
recommendations.
(6)
In this section—
“confidential information” has the meaning given by section
20
100A(3) of the Local Government Act 1972 (admission to
meetings of principal councils),
“exempt information” has the meaning given by section 100I of
that Act, and, in relation to—
(a)
any report or recommendations of an overview and
25
scrutiny committee which has functions under section
21(2)(f), or
(b)
any response to such a report or recommendations,
also includes information which is exempt information under
section 246 of the National Health Service Act 2006,
30
“relevant exempt information” means—
(a)
in relation to a report or recommendations of an
overview and scrutiny committee, exempt information
of a description specified in a resolution of the overview
and scrutiny committee under section 100A(4) of the
35
Local Government Act 1972 which applied to the
proceedings, or part of the proceedings, at any meeting
of the overview and scrutiny committee at which the
report was, or recommendations were, considered, and
(b)
in relation to a response of the authority, exempt
40
information of a description specified in such a
resolution of the authority which applied to the
proceedings, or part of the proceedings, at any meeting
of the authority at which the report or response was, or
recommendations were, considered, and
45
“relevant partner authority”, in relation to an overview and
scrutiny committee which is a relevant committee within the
meaning of section 21C, has the same meaning as in that section.
(7)
In this section, references to an overview and scrutiny committee
include references to a sub-committee of such a committee.”
50

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
89

(2)
In section 22 of that Act (access to information etc), after subsection (12)
insert—
“(12A)
The Secretary of State may by regulations make provision, in relation
to—
(a)
the publication by executives of local authorities in England
5
under section 21B, or under any provision of regulations under
section 21E which applies or reproduces (with or without
modifications) any provision of section 21B, of responses to
reports or recommendations of overview and scrutiny
committees and sub-committees of such committees, or
10
(b)
the provision by such executives under that section of copies of
such responses,

which applies or reproduces (with or without modifications) any
provisions of section 21D.”
129
Joint overview and scrutiny committees: local improvement targets
15
(1)
For the purposes of this section, “group of partner authorities” means—
(a)
a county council in England; and
(b)
one or more district councils which are partner authorities of it.
(2)
The Secretary of State may by regulations make provision under which a group
of partner authorities may—
20
(a)
appoint a joint committee (a “joint overview and scrutiny committee”);
and
(b)
arrange for any functions of making reports and recommendations
falling within subsection (3) to be exercisable by the committee.
(3)
A report or recommendation falls within this subsection if—
25
(a)
it concerns a matter which—
(i)
relates to the attainment of any local improvement target
specified for the time being in a relevant local area agreement;
and
(ii)
is not an excluded matter; and
30
(b)
it is made to—
(i)
the county council, or
(ii)
the county council and one or more district councils,

in the group of partner authorities.
(4)
In subsection (3)—
35
(a)
“excluded matter” means any matter with respect to which a crime and
disorder committee could make a report or recommendations—
(i)
by virtue of subsection (1)(b) of section 19 of the Police and
Justice Act 2006 (c. 48) (local authority scrutiny crime and
disorder matters); or
40
(ii)
under subsection (6) of that section;
(b)
the reference to a report or recommendations being made to a county
council or district council is, in the case of a local authority operating
executive arrangements under Part 2 of the Local Government Act 2000
(c. 22), to be read as a reference to a report or recommendations being
45
made to the local authority or its executive.
(5)
Regulations under subsection (2) may in particular—

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
90

(a)
provide for arrangements to be made only in circumstances, or subject
to conditions or limitations, specified by the regulations;
(b)
in relation to joint overview and scrutiny committees, make provision
applying, or corresponding to, any provision of—
(i)
section 21(4) and (6) to (12) of the Local Government Act 2000
5
(c. 22),
(ii)
sections 21A to 21D of that Act, or
(iii)
section 246 of, and Schedule 17 to, the National Health Service
Act 2006 (c. 41),

with or without modifications;
10
(c)
make provision—
(i)
as to relevant information which associated authorities must
provide to a joint overview and scrutiny committee (or, if the
regulations make provision for the appointment of sub-
committees of such a committee, to such a sub-committee); and
15
(ii)
as to information which may not be disclosed by an associated
authority to a joint overview and scrutiny committee (or, if the
regulations make provision for the appointment of sub-
committees of such a committee, to such a sub-committee).
(6)
For the purposes of subsection (5)(c), in relation to a joint overview and
20
scrutiny committee—
“associated authority” means—
(a)
the county council in the group of partner authorities which
appointed the joint overview and scrutiny committee; or
(b)
any person which is a partner authority in relation to that
25
council other than—
(i)
a police authority; or
(ii)
a chief officer of police;
“relevant information”, in relation to an associated authority, means
information which is relevant to a local improvement target in a
30
relevant local area agreement which relates to the associated authority;

and section 111(2) or (3) applies for the purpose of determining whether a local
improvement target relates to an associated authority.
(7)
Regulations under this section may not make provision of a kind mentioned in
subsection (5)(c) with respect to information in respect of which provision may
35
be made in exercise of the power conferred by section 20(5)(c) or (d) of the
Police and Justice Act 2006 (c. 48) (guidance and regulations regarding crime
and disorder matters).
(8)
In this section—
(a)
“relevant local area agreement”, in relation to a joint overview and
40
scrutiny committee, means a local area agreement of the county council
in the group of partner authorities which appointed the committee; and
(b)
“local area agreement”, “local improvement target” and “partner
authority” have the same meanings as in Chapter 1 of this Part.
(9)
Any group of partner authorities and any joint overview and scrutiny
45
committee must, in exercising or deciding whether to exercise any functions
conferred on it by or by virtue of regulations under this section, have regard to
any guidance issued by the Secretary of State.

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
91

130
Overview and scrutiny committees of district councils: local improvement
targets
After section 21D of the Local Government Act 2000 (c. 22) (inserted by section
128) insert—
“21E
Overview and scrutiny committees of certain district councils:
5
functions with respect to partner authorities
(1)
This section applies to any district council which is a partner authority
in relation to a county council (“the related county council”).
(2)
The Secretary of State may by regulations make provision under which
a district council to which this section applies may confer on their
10
overview and scrutiny committee, or any of their overview and
scrutiny committees, power to make reports and recommendations to
the related county council, or that council’s executive, which relate to
any local improvement target which—
(a)
relates to a relevant partner authority, and
15
(b)
is specified in a local area agreement of the county council.
(3)
Regulations under subsection (2) may make provision applying or
reproducing any provision of section 21B, 21C or 21D (with or without
modifications).
(4)
For the purposes of this section—
20
(a)
“relevant partner authority”, in relation to a district council,
means—
(i)
the related county council, or
(ii)
any other authority which are a partner authority in
relation to that county council, other than—
25
(a)
a police authority, or
(b)
a chief officer of police,
(b)
“local area agreement”, “local improvement target” and
“partner authority” have the same meanings as in Chapter 1 of
Part 5 of the Local Government and Public Involvement in
30
Health Act 2007, and
(c)
section 111(2) or (3) of that Act applies for the purpose of
determining whether a local improvement target relates to a
relevant partner authority.”
131
Guidance
35
In section 21 of the Local Government Act 2000 (overview and scrutiny
committees: authorities operating executive arrangements), at the end insert—
“(16)
In exercising, or deciding whether to exercise, any of its functions—
(a)
an overview and scrutiny committee of a local authority in
England, or a sub-committee of such a committee, must have
40
regard to any guidance for the time being issued by the
Secretary of State; and
(b)
an overview and scrutiny committee of a local authority in
Wales, or a sub-committee of such a committee, must have
regard to any guidance for the time being issued by the Welsh
45
Ministers.

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
92

(17)
Guidance under subsection (16) may make different provision for
different cases or for different descriptions of committee or sub-
committee.”
132
Overview and scrutiny committees: consequential amendments
(1)
In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny
5
committees)—
(a)
in subsection (2), after “their overview and scrutiny committees” insert
“, and any joint overview and scrutiny committees,”;
(b)
after that subsection insert—
“(2A)
In subsection (2), “joint overview and scrutiny committee”, in
10
relation to a local authority (“the authority concerned”),
means—
(a)
a joint overview and scrutiny committee within the
meaning given in subsection (2)(a) of section 245 of the
National Health Service Act 2006 appointed by the
15
authority concerned and one or more other local
authorities,
(b)
an overview and scrutiny committee of another local
authority exercising relevant functions (within the
meaning given in subsection (1) of that section) of the
20
authority concerned by virtue of arrangements made
under regulations under subsection (2)(b) of that
section,
(c)
a joint overview and scrutiny committee within the
meaning given in subsection (2)(a) of section 185 of the
25
National Health Service (Wales) Act 2006 appointed by
the authority concerned and one or more other local
authorities,
(d)
an overview and scrutiny committee of another local
authority exercising relevant functions (within the
30
meaning given in subsection (1) of that section) of the
authority concerned by virtue of arrangements made
under regulations under subsection (2)(b) of that
section, or
(e)
a joint overview and scrutiny committee within the
35
meaning of section 129 of the Local Government and
Public Involvement in Health Act 2007 (joint overview
and scrutiny committees: local improvement targets)
appointed by a group of partner authorities (within the
meaning of that section) which includes the authority
40
concerned.”;
(c)
in subsection (4)—
(i)
after “this section” insert “, sections 21A to 21C”; and
(ii)
at the end insert “or any functions which may be conferred on it
by virtue of regulations under section 21E”; and
45
(d)
omit subsection (8).

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
93

(2)
For section 32(3) of that Act (alternative arrangements) substitute—
“(3)
Regulations under this section may make provision with respect to
committees or sub-committees falling within subsection (1)(b),
including—
(a)
in the case of regulations made by the Secretary of State,
5
provision which applies or reproduces (with or without
modifications)—
(i)
any provision of sections 21 to 21D or paragraphs 7 and
9 to 11 of Schedule 1,
(ii)
any provision made under section 21E or 22A,
10
(iii)
any provision of section 246 of, or Schedule 17 to, the
National Health Service Act 2006, or
(iv)
any provision made under section 244 of that Act, and
(b)
in the case of regulations made by the Welsh Ministers,
provision which applies or reproduces (with or without
15
modifications)—
(i)
any provision of section 21 or 21A(1)(a) or (b) or (2) or
paragraphs 8 to 11 of Schedule 1,
(ii)
any provision of Schedule 17 to the National Health
Service Act 2006,
20
(iii)
any provision of section 186 of, or Schedule 11 to, the
National Health Service (Wales) Act 2006, or
(iv)
any provision made under section 184 of that Act.”.
(3)
In section 245(3)(b) of the National Health Service Act 2006 (c. 41) (joint
overview and scrutiny committees etc)—
25
(a)
in sub-paragraph (i), for “(15)” substitute “(17)”; and
(b)
after that sub-paragraph insert—
“(ia)
sections 21A to 21D of that Act,
(ib)
section 22A of that Act,”.
(4)
In section 185(3)(b) of the National Health Service (Wales) Act 2006 (c. 42) (joint
30
overview and scrutiny committees etc)—
(a)
in sub-paragraph (i), for “(15)” substitute “(17)”; and
(b)
after that sub-paragraph insert—
“(ia)
section 21A(1)(a) or (b) or (2) of that Act,”.
133
Transitional provision
35
(1)
Section 33E of the Local Government Act 2000 (c. 22) (proposals for change in
governance arrangements) (which is inserted by section 64) applies (in
addition to the cases mentioned in subsection (1) of that section) to a local
authority which—
(a)
by virtue of the coming into force of any provision of this Chapter is
40
required to vary its executive arrangements; or
(b)
by virtue of the coming into force of any provision of regulations made
under section 32 of that Act (alternative arrangements) by virtue of any
provision of this Chapter is required to vary its alternative
arrangements.
45

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws
94

(2)
In this section, “alternative arrangements”, “executive arrangements” and
“local authority” have the same meanings as in Part 2 of the Local Government
Act 2000 (c. 22).
Part 6
Byelaws
5
134
Alternative procedure for byelaws
(1)
The Local Government Act 1972 (c. 70) is amended as follows.
(2)
In section 236 (procedure for byelaws), in subsection (2) (byelaws to which the
section does not apply), after “apply to” insert—
“(a)
byelaws of a class prescribed by regulations under section 236A,
10
or
(b)
”.
(3)
After section 236 insert—
“236A
Alternative procedure for certain byelaws
(1)
The Secretary of State may, in relation to England, by regulations—
15
(a)
prescribe classes of byelaws to which section 236 does not
apply, and
(b)
make provision about the procedure for the making and coming
into force of such byelaws.
(2)
The regulations may prescribe a class of byelaws by reference, in
20
particular, to one or more of the following—
(a)
the enactment under which byelaws are made,
(b)
the subject-matter of byelaws,
(c)
the authority by whom byelaws are made,
(d)
the authority or person by whom byelaws are confirmed.
25
(3)
The regulations may, in particular, include provision about—
(a)
consultation to be undertaken before a byelaw is made,
(b)
publicising a byelaw after it is made.
(4)
The regulations may make—
(a)
such incidental, consequential, transitional or supplemental
30
provision (including provision amending, repealing or
revoking enactments) as the Secretary of State considers
appropriate, and
(b)
different provision for different areas, including different
provision for different localities and for different authorities.
35
(5)
Regulations may not be made under subsection (1) unless a draft of the
instrument containing the regulations has been laid before, and
approved by a resolution of, each House of Parliament.”
(4)
In section 237 (offences against byelaws), after “applies” insert “and byelaws of
a class prescribed by regulations under section 236A”.
40