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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

8

 

(3)   

The Secretary of State may not do as mentioned in paragraph (a), (b) or (c) of

subsection (1) or paragraph (a) or (b) of subsection (2) before the end of six

weeks beginning with the recommendation date (as defined by section 9(5)).

(4)   

Before doing as mentioned in any of those paragraphs the Secretary of State

may request the Boundary Committee to provide him with information or

5

advice on any matter relating to the recommendation.

(5)   

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

information or advice requested.

Implementation of changes

11      

Implementation orders: provision that may be included

10

(1)   

An order under section 7 or 10 may in particular include provision, for the

purpose of implementing a proposal or recommendation or in connection with

the implementation of a proposal or recommendation, for or with respect to—

(a)   

any of the matters mentioned in subsection (3);

(b)   

any of the matters mentioned in subsection (4) (incidental,

15

consequential etc matters).

(2)   

In subsection (1) “implementing” includes implementing with modifications

and “implementation” is to be read accordingly.

(3)   

The matters referred to in subsection (1)(a) are—

(a)   

the constitution of a new local government area;

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(b)   

the abolition of any existing local government area;

(c)   

the boundary of any local government area;

(d)   

whether a county or district is to be metropolitan or non-metropolitan;

(e)   

the establishment, as a county council, district council or London

borough council, of an authority for any local government area;

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(f)   

the winding up and dissolution of an existing local authority;

(g)   

the transfer to a county council of the functions, in relation to an area,

of district councils;

(h)   

the transfer to a district council of the functions, in relation to an area,

of a county council.

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(4)   

The matters referred to in subsection (1)(b) are—

(a)   

the name of any local government area;

(b)   

the name of any local authority;

(c)   

the boundary of any parish;

(d)   

electoral matters within the meaning of section 12;

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(e)   

the establishment or membership of public bodies in any area affected

by the order and the election of members of such bodies;

(f)   

the abolition or establishment, or the restriction or extension, of the

jurisdiction of any public body in or over any part of any area affected

by the order;

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(g)   

the boundary of any police area in England.

(5)   

For the purposes of subsection (3)(e)—

(a)   

the “establishment” of an authority as a council for a county includes an  

existing district council’s becoming the county council for the county;

 
 

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

9

 

(b)   

the “establishment” of an authority as a council for a district includes

an existing county council’s becoming the district council for the

district.

(6)   

The power of the Secretary of State under section 7(1)(a) to implement a

proposal with modifications includes power to make provision whose effect is

5

that there will be a single tier of local government for an area (“the area

concerned”) that—

(a)   

includes all or part of an area specified in the proposal as one for which

there should be a single tier of local government; but

(b)   

is not an area that could itself have been so specified.

10

(7)   

But subsection (6) does not authorise the area concerned to extend into any

area that is currently outside all local government areas.

12      

Provision relating to membership etc of authorities

(1)   

In section 11(4) “electoral matters” means any of the following—

(a)   

the total number of members of any local authority or parish council

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(“councillors”);

(b)   

the number and boundaries of electoral areas for the purposes of the

election of councillors;

(c)   

the number of councillors to be returned by any electoral area;

(d)   

the name of any electoral area;

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(e)   

the election of councillors for any electoral areas;

(f)   

the order of retirement of councillors;

(g)   

the election of a mayor of a local authority;

(h)   

the election of an executive of a local authority;

(i)   

the appointment by the Secretary of State of members of an existing

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local authority to be members of a new local authority for a transitional

period;

(j)   

the appointment for a transitional period of an executive of a new local

authority;

(k)   

the functions of a new local authority, and the discharge of those

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functions, during a transitional period.

(2)   

In subsection (1)(i) to (k)—

“a new local authority” means a local authority established by the order;

“a transitional period” means a period before the coming into office of

members of the authority elected at the first election after the

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establishment of the authority.

(3)   

In subsection (2) “established” and “establishment” are to be read in

accordance with section 11(5).

(4)   

An order under section 7 or 10 may provide for an electoral division of a non-

metropolitan county to return more than one councillor, and in such a case

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section 6(2)(a) of the Local Government Act 1972 (c. 70) does not apply.

(5)   

As soon as practicable after the making of an order under section 7 or 10, the

Electoral Commission must consider whether to exercise their power under

section 13(3) of the Local Government Act 1992 (c. 19) (power to direct the

Boundary Committee to conduct a review of a specified area and recommend

45

whether an electoral change should be made).

 
 

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

10

 

(6)   

An order of the Electoral Commission under section 17 of the Local

Government Act 1992 (c. 19) (electoral change) may, in consequence of any

other provision of that order, revoke a provision of an order made under

section 7 or 10 of this Act.

13      

Implementation orders: further provision

5

(1)   

The power to make an order under section 7 or 10 includes (as well as power

to make any provision authorised by section 11(1)(b)) power to make any other

incidental, consequential, transitional or supplementary provision.

(2)   

Subsection (1) is to be read with section 15.

(3)   

Any incidental, consequential, transitional or supplementary provision

10

included in an order under section 7 or 10 may relate either to other provisions

of the order or to a previous order under section 7 or 10 (and the reference in

section 12(2) to “the order” accordingly includes a previous order under

section 7 or 10).

(4)   

The Secretary of State must exercise his powers under section 11(4)(g) in such

15

a way as to ensure that none of the following is divided between two or more

police areas—

(a)   

a county in which there are no district councils;

(b)   

a district;

(c)   

a London borough.

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14      

Regulations for supplementing orders

(1)   

The Secretary of State may by regulations of general application make

incidental, consequential, transitional or supplementary provision—

(a)   

for the purposes or in consequence of any orders under section 7 or 10;

or

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(b)   

for giving full effect to such orders.

(2)   

Subsection (1) is to be read with section 15.

(3)   

Regulations under this section have effect subject to any provision included in

an order under section 7 or 10.

15      

Incidental etc provision in orders or regulations

30

(1)   

In sections 13 and 14 references to incidental, consequential, transitional or

supplementary provision include, in particular, provision—

(a)   

for the transfer of functions, property, rights or liabilities from a local

authority or police authority for any area to another local authority or

police authority whose area consists of or includes the whole or part of

35

that area;

(b)   

for the transfer of property, rights or liabilities, and of related functions,

from an authority which ceases to exist to a residuary body established

under section 17;

(c)   

for legal proceedings commenced by or against any body to be

40

continued by or against a body to whom functions, property, rights or

liabilities are transferred;

(d)   

for the transfer of staff, compensation for loss of office, pensions and

other staffing matters;

 
 

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

11

 

(e)   

for treating any body to whom a transfer is made for some or all

purposes as the same person in law as the body from whom the transfer

is made;

(f)   

with respect to the management or custody of transferred property

(real or personal);

5

(g)   

with respect to the functions, areas of jurisdiction and costs and

expenses of any public body or of—

(i)   

any justice of the peace other than a District Judge (Magistrates’

Courts);

(ii)   

any coroner or keeper of the rolls;

10

(iii)   

any lord-lieutenant, lieutenant or high sheriff; or

(iv)   

any other officers (including police officers) within the area of

any local authority affected by an order under section 7 or 10;

(h)   

with respect to the functions of any District Judge (Magistrates’

Courts);

15

(i)   

with respect to charter trustees;

(j)   

equivalent to any provision that could be contained in an agreement

under section 16 (agreements about incidental matters).

(2)   

Any order under section 7 or 10 or regulations under section 14 may for  any

incidental, consequential, transitional or supplementary purpose—

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(a)   

modify, exclude or apply (with or without modifications) any

enactment;

(b)   

repeal or revoke any enactment with or without savings.

(3)   

In subsection (2)—

“enactment” includes—

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(a)   

any enactment contained in this Act (other than a provision of

this Part) or in an Act passed after this Act;

(b)   

any instrument made at any time under an enactment

(including an enactment contained in this Act or in an Act

passed after this Act);

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(c)   

any charter, whenever granted;

“modify” includes amend.

16      

Agreements about incidental matters

(1)   

Any public bodies affected by an order under section 7 or 10 may from time to

time make agreements with respect to—

35

(a)   

any property, income, rights, liabilities and expenses (so far as affected

by the order) of the parties to the agreement;

(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

40

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

of—

(i)   

property, rights and liabilities so transferred or retained;

(ii)   

such joint use; or

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(iii)   

the remuneration or compensation payable to any person;

(c)   

for any such payment to be made by instalments or otherwise;

 
 

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

12

 

(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.

5

(4)   

The arbitrator’s award may make any provision that could be contained in an

agreement under this section.

(5)   

In subsection (3) “disputed matter” means any matter that—

(a)   

could be the subject of provision contained in an agreement under this

section; and

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(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 this Chapter.

(6)   

In this section “public body” includes a parish council.

17      

Residuary bodies

(1)   

The Secretary of State may by order establish one or more bodies corporate

15

(“residuary bodies”) for the purpose of taking over any property, rights or

liabilities, and any related functions, of local authorities which cease to exist by

virtue of orders under section 7 or 10.

(2)   

An order under subsection (1) may—

(a)   

make provision with respect to the constitution and membership of a

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residuary body;

(b)   

make provision with respect to the powers of a residuary body to make

levies and to borrow and lend money and the treatment and

distribution of capital and other money by such a body;

(c)   

make provision with respect to the keeping and auditing of accounts of

25

a residuary body;

(d)   

make provision with respect to directions which may be given by the

Secretary of State in relation to the carrying out by a residuary body of

any of its functions;

(e)   

make provision enabling the Secretary of State to require a residuary

30

body to submit to him a scheme for the winding up of the body and the

disposal of its property, rights and liabilities and related functions.

(3)   

The Secretary of State may by order provide—

(a)   

for the transfer to any other body or bodies (including any body or

bodies corporate established under the order for the purpose) of any

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property, rights or liabilities, and any related functions, of a residuary

body; and

(b)   

for giving effect (with or without modifications) to any scheme

submitted to him under a provision made by virtue of subsection (2)(e)

and for the dissolution of a residuary body.

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(4)   

An order under this section may include incidental, consequential, transitional

or supplementary provision, including in particular provision of a kind

mentioned in paragraphs (c) to (f) of section 15(1).

(5)   

Section 15(2) and (3) (power to apply etc enactments) apply to an order under

this section as to an order under section 7.

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