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Local Government and Public Involvement in Health Bill


Local Government and Public Involvement in Health Bill
Part 7 — Best value

100

 

(10)   

A statutory instrument containing an order under this section which

amends or repeals any provision of an Act may not be made by the

Welsh Ministers unless a draft of the instrument containing the order

has been laid before, and approved by a resolution of, the National

Assembly for Wales.

5

(11)   

Otherwise, a statutory instrument containing an order made by the

Welsh Ministers under this section shall be subject to annulment in

pursuance of a resolution of the National Assembly for Wales.”

134     

Further amendments relating to byelaws

Schedule 6 (further amendments of the law relating to byelaws) has effect.

10

Part 7

Best value

Best value authorities

135     

Parish councils and community councils etc not to be best value authorities

(1)   

In section 1 of the Local Government Act 1999 (c. 27) (best value authorities)—

15

(a)   

in subsection (2) (definition of local authority in relation to England), in

paragraph (a), for “, a London borough council, a parish council or a

parish meeting of a parish which does not have a separate parish

council” substitute “or a London borough council”;

(b)   

in subsection (3) (definition of local authority in relation to Wales), for

20

“, a county borough council or a community council” substitute “or a

county borough council”;

(c)   

in subsection (7) (definition of local authority in Wales), for “, county

borough council or community council” substitute “or county borough

council”.

25

(2)   

In section 2(2) of that Act (authorities to which best value duties may be

extended), omit paragraph (a) (local precepting authorities).

(3)   

Schedule 7 (consequential amendments) has effect.

Duties of best value authorities

136     

Guidance about general best value duty

30

In section 3 of the Local Government Act 1999 (best value authorities: general

duty), for subsection (4) substitute—

“(4)   

In deciding—

(a)   

how to fulfil the duty arising under subsection (1),

(b)   

who to consult under subsection (2), or

35

(c)   

the form, content and timing of consultations under that

subsection,

   

an authority must have regard to any guidance issued by the Secretary

of State.”

 
 

Local Government and Public Involvement in Health Bill
Part 7 — Best value

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137     

Involvement of local representatives

(1)   

After section 3 of the Local Government Act 1999 (c. 27) insert—

"3A     

Involvement of local representatives

(1)   

Where a best value authority considers it appropriate for

representatives of local persons (or of local persons of a particular

5

description) to be involved in the exercise of any of its functions by

being—

(a)   

provided with information about the exercise of the function,

(b)   

consulted about the exercise of the function, or

(c)   

involved in another way,

10

   

it must take such steps as it considers appropriate to secure that such

representatives are involved in the exercise of the function in that way.

(2)   

Subsection (1) does not require an authority to take a step—

(a)   

if the authority does not have power to take the step under

another enactment or a rule of law; or

15

(b)   

if the step would be incompatible with a Community obligation

or any other duty imposed on the authority under another

enactment or a rule of law.

(3)   

Subsection (1) does not apply—

(a)   

to a police authority,

20

(b)   

to a Welsh best value authority,

(c)   

to any other authority or description of authority specified in an

order made by the Secretary of State, or

(d)   

in any other case specified in such an order.

(4)   

An order under subsection (3)(d) may specify cases by reference, in

25

particular, to the following—

(a)   

best value authorities or descriptions of best value authority;

(b)   

functions of best value authorities;

(c)   

descriptions of local person;

(d)   

ways in which representatives may be involved in the exercise

30

of functions of an authority.

(5)   

In deciding how to fulfil its duties under subsection (1), an authority

must have regard to any guidance issued by the Secretary of State.

(6)   

In this section—

“enactment” includes subordinate legislation (within the meaning

35

of section 21 of the Interpretation Act 1978);

“local person” means, in relation to a function of a best value

authority, a person who is likely to be affected by, or interested

in, the exercise of the function;

“representative” means, in relation to local persons or a

40

description of local person, a person who appears to the best

value authority to be representative of the local persons.”

(2)   

In section 28(2) of that Act (negative procedure for certain orders and

regulations), after first “section” insert “3A,”.

 
 

Local Government and Public Involvement in Health Bill
Part 7 — Best value

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138     

Abolition of performance indicators etc except for Welsh authorities

(1)   

Immediately before section 4 of the Local Government Act 1999 (c. 27) insert

Duties: Welsh best value authorities”.

(2)   

In section 4 of that Act (performance indicators and standards)—

(a)   

in subsection (1)(a), for “best value authority’s” substitute “Welsh best

5

value authority’s”;

(b)   

in subsections (1)(b), (3)(a) and (4)(a), for “best value authorities”

substitute “Welsh best value authorities”;

(c)   

in subsection (5), for “best value authority” substitute “Welsh best

value authority”.

10

(3)   

In section 6 of that Act (performance plans), in subsection (1), for “best value

authority” substitute “Welsh best value authority”.

139     

Abolition of best value performance reviews  

Omit section 5 of the Local Government Act 1999 (best value reviews).

Powers to modify enactments etc

15

140     

Consultation with and consent of Welsh Ministers

(1)   

In section 16 of the Local Government Act 1999 (power to modify enactments

obstructing compliance with best value duties and confer new powers), after

subsection (3A) insert—

“(3B)   

In exercising a power under this section, the Secretary of State must not

20

make provision which has effect in relation to Wales unless he has

consulted the Welsh Ministers.

(3C)   

In exercising a power under this section, the Secretary of State—

(a)   

must not make provision amending, or modifying or excluding

the application of, Measures or Acts of the National Assembly

25

for Wales without the consent of the National Assembly for

Wales;

(b)   

must not make provision amending, or modifying or excluding

the application of, subordinate legislation made by the Welsh

Ministers (or the National Assembly for Wales established

30

under the Government of Wales Act 1998) without the consent

of the Welsh Ministers.

(3D)   

Subsection (3C) does not apply to the extent that the Secretary of State

is making incidental or consequential provision.”

(2)   

In section 97 of the Local Government Act 2003 (c. 26) (power to modify

35

enactments in connection with charging or trading)—

(a)   

for subsection (7) substitute—

“(7A)   

In exercising a power under subsection (1) or (2), the Secretary

of State must not make provision which has effect in relation to

Wales unless he has consulted the Welsh Ministers.

40

(7B)   

In exercising a power under subsection (1) or (2), the Secretary

of State—

 
 

Local Government and Public Involvement in Health Bill
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(a)   

must not amend, or repeal or disapply, Measures or

Acts of the National Assembly for Wales without the

consent of the National Assembly for Wales;

(b)   

must not amend, or revoke or disapply, subordinate

legislation made by the Welsh Ministers (or the National

5

Assembly for Wales established under the Government

of Wales Act 1998) without the consent of the Welsh

Ministers.

(7C)   

Subsection (7B) does not apply to the extent that the Secretary

of State is making incidental or consequential provision.”;

10

(b)   

in subsection (8), for “National Assembly for Wales” substitute “Welsh

Ministers”.

(3)   

In section 98 of that Act (procedure for orders under section 97), in subsection

(2)—

(a)   

for “subsection (7)(a)” substitute “subsection (7A)”;

15

(b)   

in paragraph (d) for “National Assembly for Wales” substitute “Welsh

Ministers”.

141     

Power of Welsh Ministers to modify enactments obstructing best value etc

(1)   

In section 16 of the Local Government Act 1999 (c. 27) (power to modify

enactments and confer new powers)—

20

(a)   

in the title, after “Power” insert “of Secretary of State”;

(b)   

after subsection (5) insert—

“(6)   

In this section—

(a)   

“enactment” includes subordinate legislation (within

the meaning of section 21 of the Interpretation Act 1978);

25

(b)   

references to a best value authority do not include a

Welsh best value authority.”

(2)   

After section 17 of that Act insert—

“17A    

Power of Welsh Ministers to modify enactments and confer new

powers

30

(1)   

If the Welsh Ministers think that an enactment prevents or obstructs

compliance by Welsh best value authorities with the requirements of

this Part they may by order make provision modifying or excluding the

application of the enactment in relation to—

(a)   

all Welsh best value authorities,

35

(b)   

particular Welsh best value authorities, or

(c)   

particular descriptions of Welsh best value authority.

(2)   

The Welsh Ministers may by order make provision conferring on—

(a)   

all Welsh best value authorities,

(b)   

particular Welsh best value authorities, or

40

(c)   

particular descriptions of Welsh best value authority,

   

any power which they consider necessary or expedient to permit or

facilitate compliance with the requirements of this Part.

(3)   

An order under this section may—

 
 

Local Government and Public Involvement in Health Bill
Part 7 — Best value

104

 

(a)   

impose conditions on the exercise of any power conferred by

the order (including conditions about consultation or

approval);

(b)   

amend an enactment;

(c)   

include consequential, incidental and transitional provision;

5

(d)   

make different provision for different cases.

(4)   

The power under subsection (3)(d) includes, in particular, power to

make different provision in relation to different authorities or

descriptions of authority.

(5)   

An order under this section may not make a provision which, if it were

10

a provision of a Measure of the National Assembly for Wales, would be

outside the Assembly’s legislative competence.

(6)   

For the purposes of subsection (5), section 94(4) of the Government of

Wales Act 2006 has effect as if paragraph (a) (matters within legislative

competence) were omitted.

15

(7)   

Subject to subsection (8), no order shall be made under this section

unless a draft has been laid before, and approved by resolution of, the

National Assembly for Wales.

(8)   

An order under this section which is made only for the purpose of

amending an earlier order under this section—

20

(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

(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

25

particular description,

   

shall be subject to annulment in pursuance of a resolution of the

National Assembly for Wales.

(9)   

In exercising a power conferred under subsection (2) a Welsh best value

authority shall have regard to any guidance issued by the Welsh

30

Ministers.

(10)   

In this section, “enactment” includes subordinate legislation (within the

meaning of section 21 of the Interpretation Act 1978).

17B     

Orders under section 17A: procedure

(1)   

Before the Welsh Ministers make an order under section 17A they shall

35

consult such authorities or persons as appear to them to be

representative of interests affected by their proposals.

(2)   

If, following consultation under subsection (1), the Welsh Ministers

propose to make an order under section 17A they shall lay before the

National Assembly for Wales a document explaining their proposals

40

and, in particular—

(a)   

setting them out in the form of a draft order, and

(b)   

giving details of consultation under subsection (1).

(3)   

Where a document relating to proposals is laid before the National

Assembly for Wales under subsection (2), no draft of an order under

45

section 17A to give effect to the proposals (with or without

 
 

Local Government and Public Involvement in Health Bill
Part 7 — Best value

105

 

modification) shall 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.

(4)   

In calculating the period mentioned in subsection (3) no account shall

be taken of any time during which the National Assembly is dissolved

5

or is in recess for more than four days.

(5)   

In preparing a draft order under section 17A the Welsh Ministers shall

consider any representations made during the period mentioned in

subsection (3) above.

(6)   

A draft order laid before the National Assembly for Wales in

10

accordance with section 17A(7) shall be accompanied by a statement of

the Welsh Ministers giving details of—

(a)   

any representations considered in accordance with subsection

(5) above, and

(b)   

any changes made to the proposals contained in the document

15

laid before the National Assembly for Wales under subsection

(2) above.

(7)   

Nothing in this section applies to an order under section 17A which is

made only for the purpose mentioned in section 17A(8).”

(3)   

Until the commencement of section 143(1), in the provisions inserted by this

20

section references to a Welsh best value authority have effect as if they were

references to an authority which is a best value authority in Wales for the

purposes of Part 1 of the Local Government Act 1999 (c. 27), other than a police

authority for a police area in Wales.

Other

25

142     

Grants to promote or facilitate exercise of functions by best value authorities

(1)   

In the Local Government Act 2003 (c. 26), after section 36 insert—

“36A    

Grants by Ministers of the Crown in respect of best value authorities

etc

(1)   

A Minister of the Crown may pay a grant to a person for use in, or in

30

connection with, promoting or facilitating the economic, efficient and

effective exercise of functions by a best value authority or best value

authorities.

(2)   

The power to make a grant under this section is exercisable only with

the consent of—

35

(a)   

the Treasury, and

(b)   

in the case of a grant in respect of the exercise of functions by a

Welsh best value authority, the Welsh Ministers.

(3)   

The power to pay a grant under this section does not include power to

pay a grant to a best value authority.

40

(4)   

The amount of a grant under this section, and the method of payment,

are to be such as the Minister of the Crown may determine.

 
 

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(5)   

A grant under this section may be paid on such conditions as the

Minister of the Crown may determine.

(6)   

Conditions under subsection (5) may, in particular, include—

(a)   

provision as to the use of the grant;

(b)   

provision as to circumstances in which the whole or part of the

5

grant must be repaid.

(7)   

For the purposes of this section—

“best value authority” includes the Greater London Authority,

whether exercising its functions through the Mayor or

otherwise;

10

“Minister of the Crown” has the same meaning as in the Ministers

of the Crown Act 1975;

“Welsh best value authority” means an authority which is a Welsh

best value authority for the purposes of Part 1 of the Local

Government Act 1999.

15

36B     

Grants by Welsh Ministers in respect of Welsh best value authorities

(1)   

The Welsh Ministers may pay a grant to a person for use in, or in

connection with, promoting or facilitating the economic, efficient and

effective exercise of functions by a Welsh best value authority or Welsh

best value authorities.

20

(2)   

The power to pay a grant under this section does not include power to

pay a grant to a best value authority.

(3)   

The amount of a grant under this section, and the method of payment,

are to be such as the Welsh Ministers may determine.

(4)   

A grant under this section may be paid on such conditions as the Welsh

25

Ministers may determine.

(5)   

Conditions under subsection (4) may, in particular, include—

(a)   

provision as to the use of the grant;

(b)   

provision as to circumstances in which the whole or part of the

grant must be repaid.

30

(6)   

For the purposes of this section—

“best value authority” includes the Greater London Authority,

whether exercising its functions through the Mayor or

otherwise;

“Welsh best value authority” means an authority which is a Welsh

35

best value authority for the purposes of Part 1 of the Local

Government Act 1999.”

(2)   

Until the commencement of section 143(1), the provisions inserted by this

section have effect as if—

(a)   

the definition of “Welsh best value authority” were omitted; and

40

(b)   

references to a Welsh best value authority were references to an

authority which is a best value authority in Wales for the purposes of

Part 1 of the Local Government Act 1999 (c. 27), other than a police

authority for a police area in Wales.

 
 

 
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