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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 1 — Local area agreements and community strategies

73

 

109     

Designated targets

(1)   

Where the Secretary of State approves a draft of a local area agreement under

section 107, he may, within one month beginning with the date on which he

approved the draft, designate any local improvement target specified in the

local area agreement.

5

(2)   

Where the Secretary of State approves a revision proposal under section 112,

he may, within one month beginning with the date on which he approved the

revision proposal, designate any local improvement target which is added to

the local area agreement by virtue of the approval.

(3)   

A designation under this section may be revoked.

10

(4)   

The power to make or revoke a designation under this section is exercisable by

notice in writing to the responsible local authority.

110     

Revision and addition of targets

(1)   

A designated target may not be amended or removed from a local area

agreement except in accordance with sections 111 and 112.

15

(2)   

Any other local improvement target for the time being specified in a local area

agreement may be—

(a)   

amended, or

(b)   

removed from the local area agreement,

   

by the responsible local authority, in accordance with subsection (4).

20

(3)   

But subsection (2) does not apply—

(a)   

during the period of one month beginning with the date on which a

draft of the local area agreement was approved by the Secretary of State

under section 107; or

(b)   

in relation to any local improvement target which is added to the local

25

area agreement by virtue of the approval of a revision proposal, during

the period of one month beginning with the date on which the revision

proposal was approved by the Secretary of State under section 112.

(4)   

A responsible local authority may amend or remove a local improvement

target under subsection (2) only—

30

(a)   

with the consent of each partner authority to which the target relates;

and

(b)   

after consulting each other person to whom it relates.

(5)   

Local improvement targets may not be added to a local area agreement except

in accordance with—

35

(a)   

subsection (6); or

(b)   

sections 111 and 112.

(6)   

The responsible local authority may, with the consent of each person to whom

the target in question is to relate, specify a new local improvement target in a

local area agreement.

40

111     

Designated targets: revision proposals

(1)   

At any time while a local area agreement has effect, a responsible local

authority—

 
 

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements and community strategies

74

 

(a)   

may prepare and submit to the Secretary of State a revision proposal;

and

(b)   

must do so if the Secretary of State so directs.

(2)   

In this Chapter, “revision proposal”, in relation to a local area agreement,

means a document proposing any or all of the following—

5

(a)   

changes to designated targets specified in the local area agreement;

(b)   

the removal of designated targets from the local area agreement;

(c)   

that additional local improvement targets be specified in the local area

agreement.

(3)   

A revision proposal must—

10

(a)   

if it proposes changes to a designated target under subsection (2)(a),

specify the persons to whom the target relates who have consented to

the changes;

(b)   

if it proposes an additional local improvement target under subsection

(2)(c), specify the persons to whom the target is to relate.

15

(4)   

In preparing a revision proposal, the responsible local authority must—

(a)   

consult—

(i)   

each partner authority; and

(ii)   

such other persons as appear to it to be appropriate;

(b)   

co-operate with each partner authority in determining changes to or the

20

removal of designated targets, or additional local improvement targets,

relating to the partner authority which are to be proposed by the

revision proposal; and

(c)   

have regard to—

(i)   

its community strategy prepared under section 4 of the Local

25

Government Act 2000 (c. 22) (strategies for promoting well-

being); and

(ii)   

any guidance issued by the Secretary of State.

(5)   

In determining changes to or the removal of designated targets, or additional

local improvement targets, relating to it which are to be proposed by the

30

revision proposal, each partner authority must—

(a)   

co-operate with the responsible local authority; and

(b)   

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

(6)   

Before issuing any guidance under this section, the Secretary of State must

consult such representatives of local government (including representatives of

35

partner authorities) and such other persons (if any) as he considers

appropriate.

(7)   

A direction under subsection (1)(b) may specify the date by which a revision

proposal must be submitted to the Secretary of State.

(8)   

A direction under subsection (1)(b) may be varied or revoked.

40

112     

Approval of revision proposal

(1)   

Where a revision proposal relating to a local area agreement has been

submitted to him under section 111(1), the Secretary of State may by notice to

the responsible local authority—

(a)   

approve the revision proposal;

45

 
 

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements and community strategies

75

 

(b)   

if the revision proposal was submitted to him pursuant to a direction

under section 111(1)(b), require the responsible local authority to

modify the revision proposal; or

(c)   

reject the revision proposal.

(2)   

If the Secretary of State approves the revision proposal, the local area

5

agreement has effect subject to the changes set out in the revision proposal.

(3)   

Where a designated target is modified by virtue of subsection (2), the

designation under section 109 continues to apply to the target as so modified

(until revoked under that section).

(4)   

A requirement under subsection (1)(b) to modify a revision proposal operates

10

for the purposes of section 111 as a direction under subsection (1)(b) of that

section to prepare and submit a further revision proposal.

113     

Duty to publish information about local area agreement

(1)   

The responsible local authority must publish a memorandum relating to a local

area agreement—

15

(a)   

whenever the Secretary of State—

(i)   

designates a local improvement target under section 109; or

(ii)   

revokes a designation under that section; and

(b)   

whenever the local area agreement is modified—

(i)   

under section 110(2) or (6); or

20

(ii)   

by virtue of section 112(2).

(2)   

A memorandum under subsection (1) must state—

(a)   

the period for which the local area agreement has effect;

(b)   

the local improvement targets for the time being specified in the local

area agreement;

25

(c)   

in relation to each of those targets—

(i)   

whether it is for the time being a designated target;

(ii)   

the persons who are required by section 108 to have regard to

the target; and

(iii)   

any other persons to whom the target relates;

30

   

and must take such form as the Secretary of State may direct.

(3)   

Different directions may be given under subsection (2) in relation to different

responsible local authorities or different descriptions of responsible local

authority.

(4)   

A direction under subsection (2) may be varied or revoked.

35

114     

Preparation of community strategy

(1)   

Section 4 of the Local Government Act 2000 (c. 22) (strategies for promoting

well-being) is amended as follows.

(2)   

In subsection (3)(a), for “such persons as they consider appropriate, and”

substitute “—

40

(i)   

in the case of a responsible local authority, each partner

authority and such other persons as the responsible

local authority consider appropriate, or

 
 

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements and community strategies

76

 

(ii)   

in any other case, such persons as the authority consider

appropriate, and”.

(3)   

At the end insert—

“(6)   

In subsection (3)(a), “responsible local authority” and “partner

authority”, in relation to a responsible local authority, have the same

5

meanings as in Chapter 1 (local area agreements) of Part 5 of the Local

Government and Public Involvement in Health Act 2007 (see sections

103 and 104 of that Act).”

115     

Orders under Part 1 of Local Government Act 2000: Wales

(1)   

Part 1 of the Local Government Act 2000 (c. 22) (promotion of economic, social

10

or environmental well-being etc) is amended as follows.

(2)   

In section 3(7) (limits on power to promote well-being) and section 4(5)

(strategies for promoting well-being), for “the National Assembly for Wales”

substitute “the Welsh Ministers”.

(3)   

In section 5 (power to amend or repeal enactments relating to power to

15

promote well-being), for subsection (4) substitute—

“(4)   

In exercising the power under subsection (1), the Secretary of State

must not make any provision which has effect in relation to Wales

unless he has consulted the Welsh Ministers.

(4A)   

In exercising the power under subsection (1), the Secretary of State—

20

(a)   

must not make any provision amending, repealing or

disapplying any Measure or Act of the National Assembly for

Wales without the consent of the National Assembly for Wales,

and

(b)   

must not make any provision amending, revoking or

25

disapplying subordinate legislation made by the Welsh

Ministers (or the National Assembly for Wales established

under the Government of Wales Act 1998) without the consent

of the Welsh Ministers.

(4B)   

Subsection (4A) does not apply to the extent that the Secretary of State

30

is making incidental or consequential provision.”

(4)   

In subsection (5) of that section, for “The National Assembly for Wales”

substitute “The Welsh Ministers”.

(5)   

In section 6 (power to modify enactments concerning plans etc)—

(a)   

in subsection (1), at the end insert “so far as that enactment has effect in

35

relation to a local authority in England”;

(b)   

in subsection (2)(a) and (b), after “authorities” insert “in England”;

(c)   

in subsection (2)(c), after “authority” insert “in England”; and

(d)   

omit subsections (5) and (6).

(6)   

In section 7 (power to modify enactments concerning plans etc: Wales)—

40

(a)   

in subsection (1)—

(i)   

for “the National Assembly for Wales” substitute “the Welsh

Ministers”; and

(ii)   

for “to which subsection (2) applies” substitute “(whenever

passed or made) which requires a local authority to prepare,

45

 
 

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements and community strategies

77

 

produce or publish any plan or strategy relating to any

particular matter”;

(b)   

omit subsection (2);

(c)   

in subsection (4), for “the National Assembly for Wales considers”

substitute “the Welsh Ministers consider”; and

5

(d)   

omit subsection (6).

(7)   

At the end of that section insert—

“(8)   

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

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

outside the Assembly’s legislative competence.

10

(9)   

For the purposes of subsection (8), section 94(4) of the Government of

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

competence) were omitted.

(10)   

Subject to subsection (11), a statutory instrument which contains an

order under this section is not to be made unless a draft of the

15

instrument has been laid before and approved by a resolution of the

National Assembly for Wales.

(11)   

A statutory instrument containing an order under this section which is

made only for the purpose of amending an earlier such order—

(a)   

so as to extend the earlier order, or any provision of the earlier

20

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

particular description,

25

   

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

National Assembly for Wales.”.

(8)   

In section 9 (procedure for orders under section 5 or 6)—

(a)   

in subsection (2), for “the National Assembly for Wales” substitute “the

Welsh Ministers”; and

30

(b)   

in subsection (3)(d), for “the National Assembly for Wales” substitute

“the Welsh Ministers”.

(9)   

After section 9 insert—

“9A     

Procedure for orders under section 7

(1)   

Before the Welsh Ministers make an order under section 7 they must

35

consult—

(a)   

such local authorities in Wales,

(b)   

such representatives of local government in Wales, and

(c)   

such other persons (if any),

   

as appear to them to be likely to be affected by their proposals.

40

(2)   

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

propose to make an order under section 7 they must lay before the

National Assembly for Wales a document which—

(a)   

explains their proposals,

(b)   

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

45

(c)   

gives details of consultation under subsection (1).

 
 

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements and community strategies

78

 

(3)   

Where a document relating to proposals is laid before the National

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

section 7 to give effect to the proposals (with or without modifications)

is to 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

5

document was laid.

(4)   

In calculating the period mentioned in subsection (3) no account is to be

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

is in recess for more than four days.

(5)   

In preparing a draft order under section 7 the Welsh Ministers must

10

consider any representations made during the period mentioned in

subsection (3).

(6)   

A draft order under section 7 which is laid before the National

Assembly for Wales must be accompanied by a statement of the Welsh

Ministers giving details of—

15

(a)   

any representations considered in accordance with subsection

(5), and

(b)   

any changes made to the proposals contained in the document

laid before the National Assembly for Wales under subsection

(2).

20

(7)   

Nothing in this section applies to an order under section 7 which is

made only for the purpose of amending an earlier order under that

section—

(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

25

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

particular description.”

116     

Health and social care: joint strategic needs assessments

30

(1)   

An assessment of relevant needs must be prepared in relation to the area of

each responsible local authority.

(2)   

A further assessment of relevant needs in relation to the area of a responsible

local authority—

(a)   

must be prepared if the Secretary of State so directs; and

35

(b)   

may be prepared at any time.

(3)   

A direction under subsection (2)(a) may be revoked.

(4)   

It is for—

(a)   

the responsible local authority, and

(b)   

each of its partner PCTs,

40

   

to prepare any assessment of relevant needs under this section in relation to the

area of the responsible local authority.

(5)   

The responsible local authority must publish each assessment of relevant

needs prepared under this section in relation to its area.

 
 

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 1 — Local area agreements and community strategies

79

 

(6)   

For the purposes of this section, there is a relevant need in relation to so much

of the area of a responsible local authority as falls within the area for which a

partner PCT acts if there appears to the responsible local authority and the

partner PCT to be a need to which subsection (7) applies.

(7)   

This subsection applies to a need—

5

(a)   

which—

(i)   

is capable of being met to a significant extent by the exercise by

the responsible local authority of any of its functions; and

(ii)   

could also be met, or could otherwise be affected, to a

significant extent by the exercise by the partner PCT of any of its

10

functions; or

(b)   

which—

(i)   

is capable of being met to a significant extent by the exercise by

the partner PCT of any of its functions; and

(ii)   

could also be met, or could otherwise be affected, to a

15

significant extent by the exercise by the responsible local

authority of any of its functions.

(8)   

In preparing an assessment under this section, the responsible local authority

and each partner PCT must—

(a)   

co-operate with one another;

20

(b)   

have regard to any guidance issued by the Secretary of State; and

(c)   

if the responsible local authority is a county council, consult each

relevant district council.

(9)   

In this section—

“partner PCT”, in relation to a responsible local authority, means any

25

Primary Care Trust which is a partner authority of the responsible local

authority;

“relevant district council” means—

(a)   

in relation to a responsible local authority, any district council

which is a partner authority of it; and

30

(b)   

in relation to a partner PCT of a responsible local authority, any

district council which is a partner authority of the responsible

local authority and whose district falls wholly or partly within

the area for which the partner PCT acts.

117     

Interpretation of Chapter

35

In this Chapter—

“designated target” means a local improvement target designated by the

Secretary of State under section 109;

“local area agreement” has the meaning given by section 106;

“local improvement target” has the meaning given by section 105;

40

“partner authority”, in relation to a responsible local authority, has the

meaning given by section 104;

“responsible local authority” has the meaning given by section 103; and

“the responsible local authority”, in relation to a local area agreement,

means the responsible local authority required under section 106 to

45

prepare a draft of the local area agreement;

“revision proposal” has the meaning given by section 111.

 
 

 
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