Local Government and Public Involvement in Health Bill

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Session 2006 - 07
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Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Schedule 17 — Powers of National Assembly for Wales
240

Schedule 17
Section 232

Powers of National Assembly for Wales
1
Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly
measures) is amended in accordance with this Schedule.
2
In Part 1, after the heading “Field 12: local government” insert—
5

“Matter 12.1

Provision for and in connection with—
(a)
the constitution of new principal areas and the
abolition or alteration of existing principal areas,
and
10
(b)
the establishment of councils for new principal
areas and the abolition of existing principal
councils.

“Principal area” means a county borough or a county in
Wales, and “principal council” means a council for a
15
principal area.

Matter 12.2

Provision for and in connection with—
(a)
the procedure for the making and coming into
force of byelaws, and
20
(b)
the enforcement of byelaws.

“Byelaws” means those of a class which may be confirmed
by the Welsh Ministers (but the provision which may be
made includes provision to remove a requirement of
confirmation).
25

Matter 12.3

Any of the following—
(a)
the principles which are to govern the conduct of
members of relevant authorities,
(b)
codes of conduct for such members,
30
(c)
the conferral on any person of functions relating to
the promotion or maintenance of high standards of
conduct of such members (including the
establishment of bodies to have such functions),
(d)
the making or handling of allegations that
35
members (or former members) of relevant
authorities have breached standards of conduct,
including in particular—
(i)
the investigation and adjudication of such
allegations and reports on the outcome of
40
investigations,
(ii)
the action that may be taken where
breaches are found to have occurred,
(e)
codes of conduct for employees of relevant
authorities.
45

For the purposes of this matter—

“relevant authority” has the same meaning as in
Part 3 of the Local Government Act 2000, except

Local Government and Public Involvement in Health Bill
Schedule 17 — Powers of National Assembly for Wales
241

that other than in paragraph (d) it does not include
a police authority,

“member” includes a co-opted member within the
meaning of that Part.

Matter 12.4
5

Provision for and in connection with strategies of county
councils and county borough councils for promoting or
improving the economic, social or environmental well-
being of their areas or contributing to the achievement of
sustainable development in the United Kingdom,
10
including provision imposing requirements in connection
with such strategies on other persons with functions of a
public nature.

Matter 12.5

Provision for and in connection with—
15
(a)
the making of arrangements by relevant Welsh
authorities to secure improvement in the way in
which their functions are exercised,
(b)
the making of arrangements by relevant Welsh
authorities for the involvement in the exercise of
20
their functions of people who are likely to be
affected by, or interested in, the exercise of the
functions, and
(c)
the assessment and inspection of the performance
of relevant Welsh authorities in exercising their
25
functions.

The following are “relevant Welsh authorities”—
(a)
a county council, county borough council or
community council in Wales,
(b)
a National Park authority for a National Park in
30
Wales,
(c)
a fire and rescue authority in Wales constituted by
a scheme under section 2 of the Fire and Rescue
Services Act 2004 or a scheme to which section 4 of
that Act applies,
35
(d)
a levying body within the meaning of section 74(1)
of the Local Government Finance Act 1988 in
respect of which the county council or charging
authority referred to in section 74(1)(b) of that Act
was a council or authority for an area in Wales,
40
(e)
a body to which section 75 of that Act applies
(special levies) and which as regards the financial
year beginning in 1989 had power to levy a rate by
reference to property in Wales.”
3
In Part 2, after paragraph 2 insert—
45
“Police areas
2A
A provision of an Assembly Measure cannot make any alteration
in police areas.”

Local Government and Public Involvement in Health Bill
Schedule 18 — Repeals
Part 1 — Structural and boundary change
242

4
In Part 3, after paragraph 7 insert—
“Police areas
7A
Part 2 does not prevent a provision of an Assembly Measure
making an alteration to the boundary of a police area in Wales if
the Secretary of State consents to the provision.”
5
Schedule 18
Section 238

Repeals
Part 1
Structural and boundary change

Short title and chapter
Extent of repeal

10

Race Relations Act 1976 (c. 74)
In Schedule 1A, in Part 1, paragraph 33.

Local Government Finance Act
In section 91(3B), the words “(in this section

1988 (c. 41)
referred to as “the reorganisation date”)”.

Food Safety Act 1990 (c. 16)
In section 27(5), the words “pursuant to a

structural change”.

15

Local Government Act 1992
In section 13—

(c. 19)
(a)
subsections (1) and (2);

(b)
subsection (7)(a).

In section 14—

(a)
in subsection (1), paragraphs (a) and (b),

20

in paragraph (c) the words from

“whether” to the end of the paragraph,

and the words after paragraph (c);

(b)
subsections (2), (3), (5), (6) and (7).

Section 15(7A)(a).

25

Section 16.

In section 17—

(a)
subsection (1);

(b)
subsection (2)(a);

(c)
in subsection (3), the words “Subject to

30

subsection (3A) below,”, the words

“Electoral Commission or of the”,

paragraphs (a), (b), (c), (ea), (g) and (h),

and in paragraph (f), the words from the

beginning to “district councillors,” and

35

the words “and the order of retirement”

and “for any parish situated in the

district”;

(d)
subsections (3A) and (3B);

(e)
in subsection (4), the words “or in an

40

agreement under section 20 below”;

(f)
subsections (5) and (6).

Section 18.

Local Government and Public Involvement in Health Bill
Schedule 18 — Repeals
Part 3 — Executive arrangements
243

Short title and chapter
Extent of repeal

Local Government Act 1992
Section 19(2).

(c. 19)—cont.
Sections 20 to 22.

In section 26—

(a)
in subsection (1), paragraphs (a) and (b)

5

and, in paragraph (c), the words “or

relates only to parishes”;

(b)
subsection (2);

(c)
in subsection (3), the words “orders or”

in the first place where they occur;

10

(d)
in subsection (4) the words “order or”;

(e)
subsection (5);

(f)
in subsection (6), the words “the

Secretary of State is or”, the words “he

or”, and the words “he thinks or”.

15

Environment Act 1995 (c. 25)
In section 79(1), in the definition of “public

authority”, the words “or residuary body”.

Part 2
Electoral arrangements

Short title and chapter
Extent of repeal

20

Local Government Act 1972
Section 7(4) to (6).

(c. 70)
Section 8(2) and (3).

Local Government Act 1992
In section 15—

(a)
subsection (1)(c) and the word “and”

immediately preceding it;

25

(b)
subsection (2);

(c)
subsection (3)(a) and (c);

(d)
in subsection (6)(a), the words “a further

report under subsection (4) containing”;

(e)
subsection (8).

30

Section 15A.

In section 17(2), the words “or the submission of

a report”.

Part 3
Executive arrangements
35

Short title and chapter
Extent of repeal

Local Government Act 1972
In section 79(1) the words “, or be qualified to be

elected and to be an elected mayor,”.

In section 80(1), in the words before paragraph

(a), the words “, and be disqualified for being

40

elected or being an elected mayor,”.

In section 270(4A) the words “or a mayor and

council manager executive”.

Local Government and Public Involvement in Health Bill
Schedule 18 — Repeals
Part 6 — Overview and scrutiny committees
244

Short title and chapter
Extent of repeal

Local Government Act 1972—
In Schedule 2, in paragraph 5B, the words “or a

cont.
mayor and council manager executive”.

In Schedule 12—

(a)
paragraph 1(2)(aa);

5

(a)
in paragraph 5(5), the words “or a mayor

and council manager executive”.

Local Government Act 1974
In section 30(2AB), the words “or mayor and

(c. 7)
council manager executive”.

Representation of the People
In section 24(1)(dd) the words “or a mayor and

10

Act 1983 (c. 2)
council manager executive”.

Local Government Finance Act
In section 111(3A), the words “leader and

1988 (c. 41)
cabinet executive,”.

Local Government Act 2000
Section 39(4).

(c. 22)
In section 41(c), the word “and”.

15

The Local Authorities
Articles 4 and 5(a).

(Executive and Alternative

Arrangements) (Modification

of Enactments and Other

Provisions) (England) Order

20

2001 (S.I. 2001/2237)

Part 4
Parishes

Short title and chapter
Extent of repeal

Local Government and Rating
Part 2.

25

Act 1997 (c. 29)

Part 5
Community strategies

Short title and chapter
Extent of repeal

Local Government Act 2000
Section 6(5) and (6).

30

Section 7(2) and (6).

Part 6
Overview and scrutiny committees

Short title and chapter
Extent of repeal

Local Government Act 2000
Section 21(8).

35

National Health Service
In Schedule 1, paragraph 206.

(Consequential Provisions)

Act 2006 (c. 43)

Local Government and Public Involvement in Health Bill
Schedule 18 — Repeals
Part 8 — Best value
245

Part 7
Byelaws

Short title and chapter
Extent of repeal

Public Health Acts Amendment
In subsection (4) of section 82, the words from

Act 1907 (c. 53)
“Provided” to the end of the subsection.

5

Public Health Act 1936 (c. 49)
In section 231(1)—

(a)
in paragraph (b), the words “bathing-

machines may be stationed, or”;

(b)
in paragraph (c), the words “bathing-

machines,”;

10

(c)
paragraph (d).

Public Health (Control of
Section 56(2) and (3).

Disease) Act 1984 (c. 22)

Part 8
Best value
15

Short title and chapter
Extent of repeal

Housing Associations Act 1985
In section 75(1B), the words from “, except” to

(c. 69)
the end.

Local Government Act 1999
In section 1—

(c. 27)
(a)
in subsection (1)(d), the words “(subject

20

to subsection (8))”;

(b)
subsection (3);

(c)
subsection (5);

(d)
subsection (6)(c);

(e)
subsection (8).

25

In section 2—

(a)
subsection (2)(a);

(b)
subsection (3).

Section 4(6).

Section 5.

30

Section 6(2)(c), (d) and (l).

Section 7(3).

In section 7(3A), the words “If an authority’s

auditor is appointed by the Auditor General

for Wales,”.

35

In section 7(4)—

(a)
paragraph (e);

(b)
in paragraph (ea), the words “if the

auditor is appointed by the Auditor

General for Wales,”.

40

In section 7(5)—

(a)
paragraph (b);

(b)
in paragraph (ba), the words “if the

auditor is appointed by the Auditor

General for Wales,”.

45

In section 7(7), the word “, (3)”.

Local Government and Public Involvement in Health Bill
Schedule 18 — Repeals
Part 8 — Best value
246

Short title and chapter
Extent of repeal

Local Government Act 1999
In section 7(8)—

(c. 27)—cont.
(a)
paragraph (a);

(b)
in paragraph (aa), the words “if he was

appointed by the Auditor General for

5

Wales,”;

(c)
in the words following paragraph (b),

the word “, (3)”.

In section 7(8A)—

(a)
in paragraph (a), the words “, if the

10

authority is a best value authority in

Wales,”;

(b)
paragraph (b).

Section 7(9).

Section 8.

15

Section 8B(1), (3) and (4).

In section 10(4), paragraph (a) and the word

“and” following that paragraph.

In section 11(4)(b), the word “must”.

Section 13(5).

20

Section 21.

Section 22(8).

In section 23(6), the words “(within the meaning

of section 7)”.

In section 26(2)(a), the words “best value”.

25

In section 28(2), the word “5,”.

In section 29—

(a)
subsection (3);

(b)
in subsection (4), the words “to Wales”.

Local Government Act 2000
In section 21—

30

(c. 22)
(a)
in subsection (4), the words “Subject to

subsection (5),”;

(b)
subsection (5).

Local Government Act 2003
Sections 34 and 35.

(c. 26)
In section 95(7), the definition of “best value

35

authority”.

In section 100(2)(b), the words “4 to 6,”.

In section 101(8), in the definition of

“appropriate person”, the words “, in relation

to Scotland,”.

40

In section 102(8)—

(a)
in the definition of “appropriate person”,

the words “in relation to Scotland,”;

(b)
in the definition of “local authority”,

paragraph (a) and, in paragraph (b), the

45

words “in relation to Scotland,”.

Public Audit (Wales) Act 2004
Section 59(4).

(c. 23)
In Schedule 1—

(a)
paragraph 4;

(b)
paragraph 5(2), (4), (6), (9) and (13).

50

Police and Justice Act 2006
Section 4.

(c. 48)