|
| |
| |
| |
97 | Supplementary regulations |
| |
(1) | The Secretary of State may by regulations of general application make |
| |
incidental, consequential, transitional or supplementary provision for the |
| |
purposes of, or in consequence of, reorganisation orders. |
| 5 |
(2) | Regulations under this section are to have effect subject to any provision made |
| |
by a reorganisation order. |
| |
98 | Orders and regulations under this Chapter |
| |
(1) | If a principal council makes a reorganisation order, the council must send— |
| |
(a) | two copies of the order to the Secretary of State; and |
| 10 |
(b) | two copies of the order to the Electoral Commission. |
| |
(2) | If the Secretary of State makes regulations under section 97, he must send two |
| |
copies of the regulations to the Electoral Commission. |
| |
(3) | A reorganisation order may include such incidental, consequential, |
| |
transitional or supplementary provision as may appear to the principal council |
| 15 |
to be necessary or proper for the purposes of, or in consequence of, or for |
| |
giving full effect to, the order. |
| |
(4) | A reorganisation order, or regulations under section 97, may include any of the |
| |
| |
(a) | provision with respect to the transfer and management or custody of |
| 20 |
property (whether real or personal); |
| |
(b) | provision with respect to the transfer of functions, property, rights and |
| |
| |
(5) | Provision made under subsection (4)(b) may include any of the following— |
| |
(a) | provision for legal proceedings commenced by or against any body to |
| 25 |
be continued by or against a body to whom functions, property, rights |
| |
or liabilities are transferred; |
| |
(b) | provision for the transfer of staff, compensation for loss of office, |
| |
pensions and other staffing matters; |
| |
(c) | provision for treating any body to whom a transfer is made for some or |
| 30 |
all purposes as the same person in law as the body from whom the |
| |
| |
(6) | A reorganisation order, or regulations under section 97, may include provision |
| |
for the exclusion or modification of the application of any of the following— |
| |
(a) | section 16(3) or 90 of the Local Government Act 1972 (c. 70), or |
| 35 |
(b) | rules under section 36 of the Representation of the People Act 1983 |
| |
| |
(7) | An order under section 92 may include such incidental, consequential, |
| |
transitional or supplementary provision as may appear to the Electoral |
| |
Commission to be necessary or proper for the purposes of, or in consequence |
| 40 |
of, or for giving full effect to, the order. |
| |
| |
| |
|
| |
| |
99 | Agreements about incidental matters |
| |
(1) | Any public bodies affected by a reorganisation of community governance may |
| |
from time to time make agreements with respect to— |
| |
(a) | any property, income, rights, liabilities and expenses (so far as affected |
| |
by the order) of the parties to the agreement; |
| 5 |
(b) | any financial relations between the parties to the agreement. |
| |
(2) | Such an agreement may in particular provide— |
| |
(a) | for the transfer or retention of any property, rights and liabilities, with |
| |
or without conditions, and for the joint use of any property; |
| |
(b) | for the making of payments by any party to the agreement in respect |
| 10 |
| |
(i) | property, rights and liabilities so transferred or retained; |
| |
| |
(iii) | the remuneration or compensation payable to any person; |
| |
(c) | for any such payment to be made by instalments or otherwise; |
| 15 |
(d) | for interest to be charged on any such instalments. |
| |
(3) | In default of agreement about any disputed matter, the matter is to be referred |
| |
to the arbitration of a single arbitrator— |
| |
(a) | agreed on by the parties; or |
| |
(b) | in default of agreement, appointed by the Secretary of State. |
| 20 |
(4) | The arbitrator’s award may make any provision that could be contained in an |
| |
agreement under this section. |
| |
| |
“disputed matter” means any matter that— |
| |
(a) | could be the subject of provision contained in an agreement |
| 25 |
| |
(b) | is the subject of a dispute between two or more public bodies |
| |
that is not resolved by or under any order or regulations under |
| |
| |
“public body” has the same meaning as in section 16; |
| 30 |
“reorganisation of community governance” means any changes made by |
| |
giving effect to a community governance review. |
| |
| |
(1) | The Secretary of State may issue guidance about undertaking community |
| |
| 35 |
(2) | The Electoral Commission may issue guidance about the making of |
| |
recommendations under sections 89(2) or 90(2) (electoral arrangements for |
| |
parish councils) or 92 (consequential recommendations about county, district |
| |
or London borough councils). |
| |
(3) | The Secretary of State may issue guidance about giving effect to |
| 40 |
recommendations made in community governance reviews. |
| |
(4) | A principal council must have regard to guidance issued under this section. |
| |
| |
| |
|
| |
| |
101 | Consequential amendments |
| |
Schedule 5 (consequential amendments) has effect. |
| |
| |
(1) | This section applies for the purposes of this Chapter. |
| |
(2) | The following expressions have the meanings given— |
| 5 |
“alternative style” has the same meaning as in sections 9 to 16A of the |
| |
Local Government Act 1972 (c. 70) (see section 17A of that Act); |
| |
“area under review”, in relation to a community governance review, |
| |
means however much of the area of a principal council is subject to the |
| |
| 10 |
“community governance petition” has the meaning given by section 80; |
| |
“community governance review” has the meaning given by section 79; |
| |
“electoral arrangements”, in relation to a parish council, means all of the |
| |
| |
(a) | the year in which ordinary elections of councillors are to be |
| 15 |
| |
(b) | the number of councillors to be elected to the council, or (in the |
| |
case of a common council) the number of councillors to be |
| |
elected to the council by each parish; |
| |
(c) | the division (or not) of the parish, or (in the case of a common |
| 20 |
council) any of the parishes, into wards for the purpose of |
| |
| |
(d) | the number and boundaries of any such wards; |
| |
(e) | the number of councillors to be elected for any such ward; |
| |
(f) | the name of any such ward; |
| 25 |
“local government elector” has the same meaning as in the Local |
| |
Government Act 1972 (see section 270); |
| |
“petition area” means the area to which a community governance petition |
| |
| |
“principal council” means— |
| 30 |
(a) | a district council in England, |
| |
(b) | a county council in England for an area in which there are no |
| |
| |
(c) | a London borough council; |
| |
“reorganisation order” means an order under section 86; |
| 35 |
“relevant two-year period”, in relation to receipt of a community |
| |
governance petition, means the period of two years ending with the |
| |
day on which the petition is received by the principal council; |
| |
“specified recommendations”, in relation to a community governance |
| |
petition, means the recommendations— |
| 40 |
(a) | specified in the petition, or |
| |
(b) | treated by section 80 as included in the recommendations |
| |
specified in the petition; |
| |
“terms of reference” has the meaning given by section 81. |
| |
(3) | A principal council “begins” a community governance review when the |
| 45 |
council publishes the terms of reference of the review. |
| |
| |
| |
|
| |
| |
(4) | A principal council “concludes” a community governance review when the |
| |
council publishes the recommendations made in the review. |
| |
(5) | A principal council is “in the course of undertaking” a community governance |
| |
review in the period between— |
| |
(a) | beginning the review, and |
| 5 |
(b) | concluding the review. |
| |
(6) | The terms of reference of a community governance review “allow for a |
| |
community governance petition to be considered” if the terms of reference of |
| |
the review are such that— |
| |
(a) | the area under review includes the whole of the petition area; and |
| 10 |
(b) | the recommendations to be considered by the review include all of the |
| |
petition’s specified recommendations. |
| |
| |
Co-operation of English authorities with local partners, etc |
| |
| 15 |
Local area agreements and community strategies |
| |
103 | Application of Chapter: responsible local authorities |
| |
For the purposes of this Chapter, each of the following is a responsible local |
| |
| |
(a) | a county council in England; |
| 20 |
(b) | a district council in England, other than a council for a district in a |
| |
county for which there is a county council; |
| |
(c) | a London borough council; |
| |
(d) | the Council of the Isles of Scilly; |
| |
(e) | the Common Council of the City of London in its capacity as a local |
| 25 |
| |
104 | Application of Chapter: partner authorities |
| |
(1) | For the purposes of this Chapter, each of the following is a partner authority in |
| |
relation to a responsible local authority— |
| |
(a) | any person mentioned in subsection (2) who acts or is established for an |
| 30 |
area which, or any part of which, coincides with or falls within the |
| |
responsible local authority’s area; |
| |
(b) | any person mentioned in subsection (3) who provides services at or |
| |
from a hospital or other establishment or facility which falls within the |
| |
responsible local authority’s area; and |
| 35 |
(c) | any person mentioned in subsection (4). |
| |
(2) | The persons referred to in subsection (1)(a) are— |
| |
(a) | any district council which is not a responsible local authority; |
| |
(b) | a fire and rescue authority; |
| |
(c) | a National Park authority; |
| 40 |
(d) | the Broads Authority; |
| |
| |
| |
| |
|
| |
| |
(f) | a chief officer of police; |
| |
(g) | a joint waste authority established under section 206(1); |
| |
(h) | a waste disposal authority established under section 10 of the Local |
| |
Government Act 1985 (c. 51); |
| |
(i) | a metropolitan county passenger transport authority established by |
| 5 |
section 28 of the Local Government Act 1985 (joint arrangements); |
| |
(j) | Transport for London; |
| |
(k) | a Primary Care Trust; |
| |
(l) | a development agency established by section 1 of the Regional |
| |
Development Agencies Act 1998 (c. 45); |
| 10 |
(m) | a local probation board established by section 4 of the Criminal Justice |
| |
and Court Services Act 2000 (c. 43); |
| |
(n) | a youth offending team established under section 39 of the Crime and |
| |
Disorder Act 1998 (c. 37). |
| |
(3) | The persons referred to in subsection (1)(b) are— |
| 15 |
(a) | a National Health Service trust; |
| |
(b) | an NHS foundation trust. |
| |
(4) | The persons referred to in subsection (1)(c) are— |
| |
(a) | the Arts Council of England; |
| |
(b) | the English Sports Council; |
| 20 |
(c) | the Environment Agency; |
| |
(d) | the Health and Safety Executive; |
| |
(e) | the Historic Buildings and Monuments Commission; |
| |
(f) | the Learning and Skills Council for England; |
| |
(g) | the Museums, Libraries and Archives Council; |
| 25 |
| |
(i) | the Secretary of State, but only in relation to— |
| |
(i) | his functions under section 2 of the Employment and Training |
| |
Act 1973 (c. 50) (arrangements with respect to obtaining etc |
| |
employment or employees); |
| 30 |
(ii) | functions which he has as highway authority by virtue of |
| |
section 1 of the Highways Act 1980 (c. 66); and |
| |
(iii) | functions which he has as traffic authority by virtue of section |
| |
121A of the Road Traffic Regulation Act 1984 (c. 27). |
| |
(5) | In this section, “fire and rescue authority” means— |
| 35 |
(a) | a fire and rescue authority constituted by— |
| |
(i) | a scheme under section 2 of the Fire and Rescue Services Act |
| |
| |
(ii) | a scheme to which section 4 of that Act applies; |
| |
(b) | a metropolitan county fire and rescue authority; or |
| 40 |
(c) | the London Fire and Emergency Planning Authority. |
| |
(6) | In subsection (1)(a), references to the area for which a person acts or is |
| |
established are references— |
| |
(a) | in the case of the Commissioner of Police of the Metropolis, to the |
| |
metropolitan police district (within the meaning of the Police Act 1996 |
| 45 |
| |
(b) | in the case of the Commissioner of the City of London Police, to the City |
| |
of London police area (within the meaning of that Act); |
| |
| |
| |
|
| |
| |
(c) | in the case of any other chief officer of police, to the police area listed in |
| |
Schedule 1 to that Act for which his police force is maintained; |
| |
(d) | in the case of Transport for London, Greater London. |
| |
(7) | The Secretary of State may by order— |
| |
(a) | amend subsection (2), (3) or (4) by— |
| 5 |
(i) | adding to it any person who has functions of a public nature; |
| |
(ii) | removing from it any person for the time being mentioned in it; |
| |
| |
(iii) | adding to subsection (4)(i) any function of the Secretary of State |
| |
or removing from it any function for the time being mentioned |
| 10 |
| |
(b) | make such other amendments of this section as appear to him to be |
| |
necessary or expedient in consequence of provision made under |
| |
| |
(8) | Before making an order under subsection (7) the Secretary of State must |
| 15 |
consult such representatives of local government and such other persons (if |
| |
any) as he considers appropriate. |
| |
105 | “Local improvement targets”: interpretation |
| |
(1) | In this Chapter, “local improvement target” means a target for improvement in |
| |
the economic, social or environmental well-being of the responsible local |
| 20 |
authority’s area which relates to any or all of the following— |
| |
(a) | the responsible local authority; |
| |
(b) | one or more partner authorities; |
| |
(c) | one or more other persons acting, or having functions exercisable, in |
| |
the area of the responsible local authority. |
| 25 |
(2) | For the purposes of this Chapter, a target specified in a local area agreement |
| |
relates to the responsible local authority if the exercise by the authority of any |
| |
of its functions, or anything done by the authority, could contribute to the |
| |
attainment of the target. |
| |
(3) | For the purposes of this Chapter, a target specified in a local area agreement |
| 30 |
relates to a person other than the responsible local authority if— |
| |
(a) | the exercise by the person of any of his functions, or anything done by |
| |
the person, could contribute to the attainment of the target; and |
| |
(b) | the person has consented to the target being specified in the local area |
| |
agreement (and, where the target has been amended under section 110 |
| 35 |
or 112, to the amendment). |
| |
106 | Duty to prepare and submit draft of a local area agreement |
| |
(1) | When the Secretary of State so directs, a responsible local authority must |
| |
prepare and submit to him a draft of a document (“a local area agreement”) |
| |
| 40 |
(a) | local improvement targets; |
| |
(b) | in relation to each local improvement target, the persons to whom the |
| |
| |
(c) | the period for which the local area agreement is to have effect. |
| |
| |
| |
|
| |
| |
(2) | In preparing the draft local area agreement, the responsible local authority |
| |
| |
| |
(i) | each partner authority; and |
| |
(ii) | such other persons as appear to it to be appropriate; |
| 5 |
(b) | co-operate with each partner authority in determining the local |
| |
improvement targets relating to the partner authority which are to be |
| |
specified in the draft local area agreement; and |
| |
| |
(i) | its community strategy prepared under section 4 of the Local |
| 10 |
Government Act 2000 (c. 22) (strategies for promoting well- |
| |
| |
(ii) | any guidance issued by the Secretary of State. |
| |
(3) | In determining the local improvement targets relating to it which are to be |
| |
specified in the draft local area agreement, each partner authority must— |
| 15 |
(a) | co-operate with the responsible local authority; and |
| |
(b) | have regard to any guidance issued by the Secretary of State. |
| |
(4) | Before issuing any guidance under this section, the Secretary of State must |
| |
consult such representatives of local government (including representatives of |
| |
partner authorities) and such other persons (if any) as he considers |
| 20 |
| |
(5) | A direction under subsection (1) may specify the date by which a draft of a local |
| |
area agreement must be submitted to the Secretary of State. |
| |
(6) | A direction under subsection (1) may be varied or revoked. |
| |
107 | Approval of draft local area agreement by Secretary of State |
| 25 |
(1) | Where a draft of a local area agreement has been submitted to him under |
| |
section 106(1), the Secretary of State may by notice in writing to the responsible |
| |
| |
(a) | approve the draft; or |
| |
(b) | require the responsible local authority to modify the draft. |
| 30 |
(2) | Where the Secretary of State approves a draft local area agreement under |
| |
subsection (1)(a), a local area agreement in the form of the draft has effect for |
| |
the area of the responsible local authority for the period specified in the local |
| |
area agreement by virtue of section 106(1)(c). |
| |
(3) | A requirement under subsection (1)(b) to modify a draft of a local area |
| 35 |
agreement operates for the purposes of section 106 as a direction under |
| |
subsection (1) of that section to prepare and submit a further draft of a local |
| |
| |
108 | Duty to have regard to local improvement targets |
| |
Where a local area agreement has effect under section 107(2)— |
| 40 |
(a) | the responsible local authority, and |
| |
(b) | each partner authority, |
| |
must, in exercising its functions, have regard to every local improvement target |
| |
specified in the local area agreement which relates to it. |
| |
| |
| |
|
