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Local Government and Public Involvement in Health Bill


Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change

1

 

A

Bill

[AS AMENDED ON REPORT]

To

Make provision with respect to local government and the functions and

procedures of local authorities and certain other authorities; to make

provision with respect to persons with functions of inspection and audit in

relation to local government; to establish the Valuation Tribunal for England;

to make provision in connection with local involvement networks; to abolish

Patients’ Forums and the Commission for Patient and Public Involvement in

Health; to make provision with respect to local consultation in connection

with health services; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Structural and boundary change in England

Chapter 1

Structural and boundary change

Change from two tiers to single tier of local government

5

1       

“Principal authority” and “single tier of local government”

(1)   

For the purposes of this Chapter, each of the following is a “principal

authority”—

(a)   

a county council in England;

(b)   

a district council in England.

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(2)   

For the purposes of this Chapter there is “a single tier of local government” for

an area if—

 
HL Bill 10654/2
 
 

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change

2

 

(a)   

there is a county council and no district councils for that area; or

(b)   

there is a district council and no county council for that area.

(3)   

For the purposes of subsection (2)(b) there is a county council “for” an area

which is a district if there is a county council which has in relation to that area

the functions of a county council.

5

2       

Invitations and directions for proposals for single tier of local government

(1)   

The Secretary of State may invite or direct any principal authority to make one

of the following proposals—

(a)   

a Type A proposal;

(b)   

a Type B proposal;

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(c)   

a Type C proposal;

(d)   

a combined proposal.

(2)   

A Type A proposal is a proposal that there should be a single tier of local

government for the area which is the county concerned.

(3)   

A Type B proposal is a proposal that there should be a single tier of local

15

government for an area which—

(a)   

is currently a district, or two or more districts, in the county concerned;

and

(b)   

is specified in the proposal.

(4)   

A Type C proposal is a proposal that there should be a single tier of local

20

government for an area specified in the proposal which currently consists of—

(a)   

the county concerned or one or more districts in the county concerned;

and

(b)   

one or more relevant adjoining areas.

(5)   

A combined proposal is a proposal that consists of—

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(a)   

two or more Type B proposals,

(b)   

two or more Type C proposals, or

(c)   

one or more Type B proposals and one or more Type C proposals,

   

but a proposal is not a combined proposal if it includes any Type B or C

proposals that are alternatives.

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(6)   

In this section “the county concerned” means—

(a)   

in relation to a principal authority which is the council for a county, that

county;

(b)   

in relation to a principal authority which is the council for a district, the

county in which the district is.

35

(7)   

In this section a “relevant adjoining area” means an area which adjoins the

county concerned and is currently a county in England, a district in England,

or two or more such counties or districts.

(8)   

An invitation or direction may either—

(a)   

be such that the authority may choose whether to make a Type A, Type

40

B, Type C or combined proposal; or

(b)   

specify which one of those kinds of proposal is invited (or, in the case

of a direction, required).

(9)   

Subsection (1) is subject to section 3(1).

 
 

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change

3

 

3       

Invitations, directions and proposals: supplementary

(1)   

A direction under section 2

(a)   

may not be given after 25 January 2008; and

(b)   

may be given on or before that date only where the Secretary of State

believes that giving the direction would be in the interests of effective

5

and convenient local government.

(2)   

A direction under section 2 may specify a date by which a proposal must be

made.

(3)   

An invitation under section 2 may specify a date by which a proposal may be

made.

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(4)   

A proposal made by virtue of section 2 may not specify an area as one for

which there should be a single tier of local government unless the whole or any

part of that area is currently a two-tier area (as defined by section 23(2)).

(5)   

In responding to an invitation under section 2, or complying with a direction

under that section, an authority must have regard to any guidance from the

15

Secretary of State as to—

(a)   

what a proposal should seek to achieve;

(b)   

matters that should be taken into account in formulating a proposal.

(6)   

Where invitations or directions under section 2 are given to more than one

authority, any authority that has received an invitation or direction may

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respond to the invitation, or comply with the direction, either by—

(a)   

making its own proposal in accordance with the invitation or direction;

or

(b)   

making a proposal, in accordance with the invitation or direction,

jointly with any of the other authorities.

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(7)   

An invitation or direction under section 2 may be varied or revoked.

(8)   

But a direction under section 2 may not be varied after 25 January 2008 if—

(a)   

the direction as originally given required the making of a Type A or

Type B proposal; and

(b)   

the direction as varied would require or permit the making of a Type C

30

or combined proposal.

4       

Request for Boundary Committee for England’s advice

(1)   

This section applies where the Secretary of State receives a proposal in

response to an invitation or direction under section 2.

(2)   

The Secretary of State may request the Boundary Committee to advise, no later

35

than a date specified in the request, on any matter that—

(a)   

relates to the proposal; and

(b)   

is specified in the request.

(3)   

The Secretary of State may at any time substitute a later date for the date

specified in a request under subsection (2) (or for any date previously

40

substituted under this subsection).

 
 

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change

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5       

Boundary Committee’s powers

(1)   

This section applies where the Boundary Committee receive a request for

advice under section 4.

(2)   

The Boundary Committee may provide the advice requested.

(3)   

Where they provide that advice, the Boundary Committee may also do any of

5

the following that they think appropriate—

(a)   

recommend that the Secretary of State implements the proposal

without modification;

(b)   

recommend that he does not implement it;

(c)   

make an alternative proposal to him.

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(4)   

In subsection (3)(a) “the proposal” means the Type A, Type B, Type C or

combined proposal to which the request for advice related.

(5)   

In subsection (3)(c) “an alternative proposal” means—

(a)   

a proposal that there should be a single tier of local government for an

area that—

15

(i)   

is, or includes, the whole or part of the county concerned; and

(ii)   

is specified in the alternative proposal; or

(b)   

a proposal consisting of two or more proposals that are within

paragraph (a) (and are not alternatives to one another).

(6)   

In this section “the county concerned” means—

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(a)   

the county that, under section 2(6), is the county concerned in relation

to the authority which made the proposal referred to in subsection (4)

above; or

(b)   

where that proposal was made by more than one authority, any county

that (under section 2(6)) is the county concerned in relation to any of the

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authorities which made that proposal.

(7)   

The area specified in an alternative proposal under this section may not extend

into any area that is currently outside all local government areas.

6       

Boundary Committee’s procedure

(1)   

A local authority must if requested by the Boundary Committee to do so

30

provide the Boundary Committee, by such date as the Boundary Committee

may specify, with any information that the Boundary Committee may

reasonably require in connection with any of their functions under section 5.

(2)   

In making a recommendation or alternative proposal under section 5 the

Boundary Committee must have regard to any guidance from the Secretary of

35

State about the exercise of the Boundary Committee’s functions under that

section.

(3)   

Any recommendation or alternative proposal under section 5 must be made no

later than the relevant date.

(4)   

Before making an alternative proposal under section 5(3)(c) the Boundary

40

Committee must—

(a)   

publish a draft of the proposal; and

(b)   

take such steps as they consider sufficient to secure that persons who

may be interested are informed of—

 
 

Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change

5

 

(i)   

the draft proposal; and

(ii)   

the period within which representations about it may be made

to the Boundary Committee.

(5)   

The Boundary Committee—

(a)   

must take into account any representations made to them within that

5

period; and

(b)   

if they make any proposal to the Secretary of State, must inform any

person who made such representations—

(i)   

of the proposal made; and

(ii)   

that representations about the proposal may be made to the

10

Secretary of State until the end of the relevant period.

(6)   

In subsection (5)(b) “the relevant period” means four weeks beginning with the

relevant date.

(7)   

In this section and section 7 “the relevant date” means the date specified in the

request under section 4(2) (or, if a later date is substituted under section 4(3),

15

the date substituted (or last substituted) under that provision).

7       

Implementation of proposals by order

(1)   

Where the Secretary of State has received a proposal in response to an

invitation or direction under section 2, he may—

(a)   

by order implement the proposal, with or without modification;

20

(b)   

if he has received an alternative proposal from the Boundary

Committee under section 5, by order implement that alternative

proposal with or without modification; or

(c)   

decide to take no action.

(2)   

But where the Secretary of State has made a request under section 4 in relation

25

to the proposal received in response to the invitation or direction, he may not

make an order or decision under this section before the end of six weeks

beginning with the relevant date (as defined by section 6(7)).

(3)   

The Secretary of State may not in any case make an order under subsection

(1)(a) implementing a proposal unless he has consulted the following about the

30

proposal—

(a)   

every authority affected by the proposal (except the authority or

authorities which made it); and

(b)   

such other persons as he considers appropriate.

(4)   

For the purposes of this section an authority is “affected by” a proposal if it is

35

a principal authority for an area which is, or any part of which is, in an area that

the proposal suggests should have a single tier of local government.

(5)   

Subsection (3) does not apply if the proposal was made jointly by every

authority affected by it, and in that case the Secretary of State may before

making an order under subsection (1)(a) (or deciding not to) consult such other

40

persons as he considers appropriate.

(6)   

In any case where he has received an alternative proposal from the Boundary

Committee under section 5, the Secretary of State may request the Boundary

Committee to provide him with information or advice on any matter relating

to the proposal.

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Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change

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(7)   

Where they receive such a request the Boundary Committee may provide the

information or advice requested.

Boundary change

8       

Review by Boundary Committee of local government areas

(1)   

The Boundary Committee may, either on their own initiative or at the request

5

of the Secretary of State or a local authority, conduct a review of one or more

local government areas.

(2)   

Where they have conducted a review under this section the Boundary

Committee may (subject to subsection (4)) recommend to the Secretary of State

such boundary change as in consequence of the review seems to them

10

desirable.

(3)   

For the purposes of this section “boundary change” means any of the following

or any combination of the following—

(a)   

the alteration of a local government area boundary;

(b)   

the abolition of a local government area;

15

(c)   

the constitution of a new local government area.

(4)   

None of the following may be recommended under this section—

(a)   

a change consisting of the alteration of the boundary of a single-tier

area and consequent abolition of an area that is currently two-tier;

(b)   

a change consisting of the alteration of the boundary of a two-tier area

20

and consequent abolition of an area that is currently single-tier;

(c)   

a change consisting of the constitution of a new local government area

and consequent abolition of an existing local government area, where

the new local government area would include—

(i)   

the whole or part of any area that is currently single-tier; and

25

(ii)   

the whole or part of any area that is currently two-tier;

(d)   

a change consisting of the alteration of a local government area, or

constitution of a new local government area, where the altered or new

area would extend into an area that is currently outside all local

government areas;

30

(e)   

a change whose effect would be that England (excluding the Isles of

Scilly, the City of London, the Inner Temple and the Middle Temple) is

no longer divided into areas each of which is—

(i)   

a county divided into districts, or comprising one district; or

(ii)   

a London borough.

35

(5)   

Where the Boundary Committee have conducted a review under this section

and consider that no boundary change is desirable, they may recommend to

the Secretary of State that no boundary change should be made.

(6)   

In considering whether (and, if so, what) boundary change is desirable, the

Boundary Committee must have regard to—

40

(a)   

the need to secure effective and convenient local government; and

(b)   

the need to reflect the identities and interests of local communities.

(7)   

In exercising a function under subsection (1), (2), (5) or (6), a local authority or

the Boundary Committee must have regard to any guidance from the Secretary

of State about the exercise of that function.

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Local Government and Public Involvement in Health Bill
Part 1 — Structural and boundary change in England
Chapter 1 — Structural and boundary change

7

 

(8)   

A local authority must if requested by the Boundary Committee to do so

provide the Boundary Committee, by such date as the Boundary Committee

may specify, with any information that the Boundary Committee may

reasonably require in connection with any of their functions under this section.

9       

Boundary Committee’s review: consultation etc

5

(1)   

This section applies where the Boundary Committee conduct a review under

section 8.

(2)   

In conducting the review the Committee must consult—

(a)   

the council of any local government area to which the review relates;

and

10

(b)   

such other local authorities, parish councils and other persons as

appear to them to have an interest.

(3)   

Before making any recommendation to the Secretary of State the Boundary

Committee must—

(a)   

publish a draft of the recommendation; and

15

(b)   

take such steps as they consider sufficient to secure that persons who

may be interested are informed of—

(i)   

the draft recommendation; and

(ii)   

the period within which representations about it may be made

to the Boundary Committee.

20

(4)   

The Boundary Committee—

(a)   

must take into account any representations made to them within that

period; and

(b)   

if they make any recommendation to the Secretary of State, must

inform any person who made such representations—

25

(i)   

of the recommendation made; and

(ii)   

that representations about the recommendation may be made to

the Secretary of State until the end of four weeks beginning with

the recommendation date.

(5)   

In this section and section 10 “the recommendation date” means the date the

30

recommendation was sent by the Boundary Committee to the Secretary of

State.

10      

Implementation of recommendations by order

(1)   

Where the Boundary Committee make a recommendation to the Secretary of

State under section 8(2), the Secretary of State may do any of the following—

35

(a)   

by order implement the recommendation, with or without

modification;

(b)   

decide to take no action with respect to the recommendation;

(c)   

make a request under section 8 for a further review.

(2)   

Where the Boundary Committee make a recommendation to the Secretary of

40

State under section 8(5) the Secretary of State may—

(a)   

make a request under section 8 for a further review; or

(b)   

decide not to make such a request.

 
 

 
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