Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

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
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(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
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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
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Implementation orders: provision that may be included
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(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,
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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
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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.
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(7)
But subsection (6) does not authorise the area concerned to extend into any
area that is currently outside all local government areas.
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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
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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.
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Implementation orders: further provision
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(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
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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
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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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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.
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Incidental etc provision in orders or regulations
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(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
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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
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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
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(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);
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(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;
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(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);
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(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.
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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—
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(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
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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
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(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.
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(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.
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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
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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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