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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 2 — Overview and scrutiny committees

86

 

21D     

Publication etc of reports, recommendations and responses:

confidential and exempt information

(1)   

This section applies to—

(a)   

the publication under section 21B of any document

comprising—

5

(i)   

a report or recommendations of an overview and

scrutiny committee, or

(ii)   

a response of a local authority to any such report or

recommendations, and

(b)   

the provision of a copy of such a document—

10

(i)   

to a member of a local authority under section 21A(8) or

section 21B, or

(ii)   

to a relevant partner authority under section 21C,

   

by an overview and scrutiny committee or a local authority.

(2)   

The overview and scrutiny committee or the local authority, in

15

publishing the document or providing a copy of the document to a

relevant partner authority—

(a)   

must exclude any confidential information, and

(b)   

may exclude any relevant exempt information.

(3)   

The overview and scrutiny committee or the local authority, in

20

providing a copy of the document to a member of the local authority,

may exclude any confidential information or relevant exempt

information.

(4)   

Where information is excluded under subsection (2) or (3), the

overview and scrutiny committee or the local authority, in publishing,

25

or providing a copy of, the document—

(a)   

may replace so much of the document as discloses the

information with a summary which does not disclose that

information, and

(b)   

must do so if, in consequence of excluding the information, the

30

document published, or copy provided, would be misleading

or not reasonably comprehensible.

(5)   

If by virtue of subsection (2), (3) or (4) an overview and scrutiny

committee, in publishing or providing a copy of a report or

recommendations—

35

(a)   

excludes information, or

(b)   

replaces part of the report or recommendations with a

summary,

   

it is nevertheless to be taken for the purposes of section 21B(3)(c) or (d)

to have published or provided a copy of the report or

40

recommendations.

(6)   

In this section—

“confidential information” has the meaning given by section

100A(3) of the Local Government Act 1972 (admission to

meetings of principal councils),

45

“exempt information” has the meaning given by section 100I of

that Act, and, in relation to—

 
 

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees

87

 

(a)   

any report or recommendations of an overview and

scrutiny committee which has functions under section

21(2)(f), or

(b)   

any response to such a report or recommendations,

 also includes information which is exempt information under

5

section 246 of the National Health Service Act 2006,

“relevant exempt information” means—

(a)   

in relation to a report or recommendations of an

overview and scrutiny committee, exempt information

of a description specified in a resolution of the overview

10

and scrutiny committee under section 100A(4) of the

Local Government Act 1972 which applied to the

proceedings, or part of the proceedings, at any meeting

of the overview and scrutiny committee at which the

report was, or recommendations were, considered, and

15

(b)   

in relation to a response of the authority, exempt

information of a description specified in such a

resolution of the authority which applied to the

proceedings, or part of the proceedings, at any meeting

of the authority at which the report or response was, or

20

recommendations were, considered, and

“relevant partner authority”, in relation to an overview and

scrutiny committee which is a relevant committee within the

meaning of section 21C, has the same meaning as in that section.

(7)   

In this section, references to an overview and scrutiny committee

25

include references to a sub-committee of such a committee.”

(2)   

In section 22 of that Act (access to information etc), after subsection (12)

insert—

“(12A)   

The Secretary of State may by regulations make provision, in relation

to—

30

(a)   

the publication by executives of local authorities in England

under section 21B, or under any provision of regulations under

section 21E which applies or reproduces (with or without

modifications) any provision of section 21B, of responses to

reports or recommendations of overview and scrutiny

35

committees and sub-committees of such committees, or

(b)   

the provision by such executives under that section of copies of

such responses,

   

which applies or reproduces (with or without modifications) any

provisions of section 21D.”

40

123     

Joint overview and scrutiny committees: local improvement targets

(1)   

For the purposes of this section, “group of partner authorities” means—

(a)   

a county council in England; and

(b)   

one or more district councils which are partner authorities of it.

(2)   

The Secretary of State may by regulations make provision under which a group

45

of partner authorities may—

(a)   

appoint a joint committee (a “joint overview and scrutiny committee”);

and

 
 

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees

88

 

(b)   

arrange for any functions of making reports and recommendations

falling within subsection (3) to be exercisable by the committee.

(3)   

A report or recommendation falls within this subsection if—

(a)   

it concerns a matter which—

(i)   

relates to the attainment of any local improvement target

5

specified for the time being in a relevant local area agreement;

and

(ii)   

is not an excluded matter; and

(b)   

it is made to—

(i)   

the county council, or

10

(ii)   

the county council and one or more district councils,

   

in the group of partner authorities.

(4)   

In subsection (3)—

(a)   

“excluded matter” means any matter with respect to which a crime and

disorder committee could make a report or recommendations—

15

(i)   

by virtue of subsection (1)(b) of section 19 of the Police and

Justice Act 2006 (c. 48) (local authority scrutiny crime and

disorder matters); or

(ii)   

under subsection (6) of that section;

(b)   

the reference to a report or recommendations being made to a county

20

council or district council is, in the case of a local authority operating

executive arrangements under Part 2 of the Local Government Act 2000

(c. 22), to be read as a reference to a report or recommendations being

made to the local authority or its executive.

(5)   

Regulations under subsection (2) may in particular—

25

(a)   

provide for arrangements to be made only in circumstances, or subject

to conditions or limitations, specified by the regulations;

(b)   

in relation to joint overview and scrutiny committees, make provision

applying, or corresponding to, any provision of—

(i)   

section 21(4) and (6) to (12) of the Local Government Act 2000,

30

(ii)   

sections 21A to 21D of that Act, or

(iii)   

section 246 of, and Schedule 17 to, the National Health Service

Act 2006 (c. 41),

   

with or without modifications;

(c)   

make provision—

35

(i)   

as to relevant information which associated authorities must

provide to a joint overview and scrutiny committee (or, if the

regulations make provision for the appointment of sub-

committees of such a committee, to such a sub-committee); and

(ii)   

as to information which may not be disclosed by an associated

40

authority to a joint overview and scrutiny committee (or, if the

regulations make provision for the appointment of sub-

committees of such a committee, to such a sub-committee).

(6)   

For the purposes of subsection (5)(c), in relation to a joint overview and

scrutiny committee—

45

“associated authority” means—

(a)   

the county council in the group of partner authorities which

appointed the joint overview and scrutiny committee; or

 
 

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees

89

 

(b)   

any person which is a partner authority in relation to that

council other than—

(i)   

a police authority; or

(ii)   

a chief officer of police;

“relevant information”, in relation to an associated authority, means

5

information which is relevant to a local improvement target in a

relevant local area agreement which relates to the associated authority;

   

and section 105(2) or (3) applies for the purpose of determining whether a local

improvement target relates to an associated authority.

(7)   

Regulations under this section may not make provision of a kind mentioned in

10

subsection (5)(c) with respect to information in respect of which provision may

be made in exercise of the power conferred by section 20(5)(c) or (d) of the

Police and Justice Act 2006 (c. 48) (guidance and regulations regarding crime

and disorder matters).

(8)   

In this section—

15

(a)   

“relevant local area agreement”, in relation to a joint overview and

scrutiny committee, means a local area agreement of the county council

in the group of partner authorities which appointed the committee; and

(b)   

“local area agreement”, “local improvement target” and “partner

authority” have the same meanings as in Chapter 1 of this Part.

20

(9)   

Any group of partner authorities and any joint overview and scrutiny

committee must, in exercising or deciding whether to exercise any functions

conferred on it by or by virtue of regulations under this section, have regard to

any guidance issued by the Secretary of State.

124     

Overview and scrutiny committees of district councils: local improvement

25

targets

After section 21D of the Local Government Act 2000 (c. 22) (inserted by section

122) insert—

“21E    

Overview and scrutiny committees of certain district councils:

functions with respect to partner authorities

30

(1)   

This section applies to any district council which is a partner authority

in relation to a county council (“the related county council”).

(2)   

The Secretary of State may by regulations make provision under which

a district council to which this section applies may confer on their

overview and scrutiny committee, or any of their overview and

35

scrutiny committees, power to make reports and recommendations to

the related county council, or that council’s executive, which relate to

any local improvement target which—

(a)   

relates to a relevant partner authority, and

(b)   

is specified in a local area agreement of the county council.

40

(3)   

Regulations under subsection (2) may make provision applying or

reproducing any provision of section 21B, 21C or 21D (with or without

modifications).

(4)   

For the purposes of this section—

(a)   

“relevant partner authority”, in relation to a district council,

45

means—

 
 

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees

90

 

(i)   

the related county council, or

(ii)   

any other authority which are a partner authority in

relation to that county council, other than—

(a)   

a police authority, or

(b)   

a chief officer of police,

5

(b)   

“local area agreement”, “local improvement target” and

“partner authority” have the same meanings as in Chapter 1 of

Part 5 of the Local Government and Public Involvement in

Health Act 2007, and

(c)   

section 105(2) or (3) of that Act applies for the purpose of

10

determining whether a local improvement target relates to a

relevant partner authority.”

125     

Guidance

In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny

committees: authorities operating executive arrangements), at the end insert—

15

“(16)   

In exercising, or deciding whether to exercise, any of its functions—

(a)   

an overview and scrutiny committee of a local authority in

England, or a sub-committee of such a committee, must have

regard to any guidance for the time being issued by the

Secretary of State; and

20

(b)   

an overview and scrutiny committee of a local authority in

Wales, or a sub-committee of such a committee, must have

regard to any guidance for the time being issued by the Welsh

Ministers.

(17)   

Guidance under subsection (16) may make different provision for

25

different cases or for different descriptions of committee or sub-

committee.”

126     

Overview and scrutiny committees: consequential amendments

(1)   

In section 21 of the Local Government Act 2000 (overview and scrutiny

committees)—

30

(a)   

in subsection (2), after “their overview and scrutiny committees” insert

“, and any joint overview and scrutiny committees,”;

(b)   

after that subsection insert—

“(2A)   

In subsection (2), “joint overview and scrutiny committee”, in

relation to a local authority (“the authority concerned”),

35

means—

(a)   

a joint overview and scrutiny committee within the

meaning given in subsection (2)(a) of section 245 of the

National Health Service Act 2006 appointed by the

authority concerned and one or more other local

40

authorities,

(b)   

an overview and scrutiny committee of another local

authority exercising relevant functions (within the

meaning given in subsection (1) of that section) of the

authority concerned by virtue of arrangements made

45

under regulations under subsection (2)(b) of that

section,

 
 

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees

91

 

(c)   

a joint overview and scrutiny committee within the

meaning given in subsection (2)(a) of section 185 of the

National Health Service (Wales) Act 2006 appointed by

the authority concerned and one or more other local

authorities,

5

(d)   

an overview and scrutiny committee of another local

authority exercising relevant functions (within the

meaning given in subsection (1) of that section) of the

authority concerned by virtue of arrangements made

under regulations under subsection (2)(b) of that

10

section, or

(e)   

a joint overview and scrutiny committee within the

meaning of section 123 of the Local Government and

Public Involvement in Health Act 2007 (joint overview

and scrutiny committees: local improvement targets)

15

appointed by a group of partner authorities (within the

meaning of that section) which includes the authority

concerned.”;

(c)   

in subsection (4)—

(i)   

after “this section” insert “, sections 21A to 21C”; and

20

(ii)   

at the end insert “or any functions which may be conferred on it

by virtue of regulations under section 21E”; and

(d)   

omit subsection (8).

(2)   

For section 32(3) of that Act (alternative arrangements) substitute—

“(3)   

Regulations under this section may make provision with respect to

25

committees or sub-committees falling within subsection (1)(b),

including—

(a)   

in the case of regulations made by the Secretary of State,

provision which applies or reproduces (with or without

modifications)—

30

(i)   

any provision of sections 21 to 21D or paragraphs 7 and

9 to 11 of Schedule 1,

(ii)   

any provision made under section 21E or 22A,

(iii)   

any provision of section 246 of, or Schedule 17 to, the

National Health Service Act 2006, or

35

(iv)   

any provision made under section 244 of that Act, and

(b)   

in the case of regulations made by the Welsh Ministers,

provision which applies or reproduces (with or without

modifications)—

(i)   

any provision of section 21 or 21A(1)(a) or (b) or (2) or

40

paragraphs 8 to 11 of Schedule 1,

(ii)   

any provision of Schedule 17 to the National Health

Service Act 2006,

(iii)   

any provision of section 186 of, or Schedule 11 to, the

National Health Service (Wales) Act 2006, or

45

(iv)   

any provision made under section 184 of that Act.”.

(3)   

In section 245(3)(b) of the National Health Service Act 2006 (c. 41) (joint

overview and scrutiny committees etc)—

(a)   

in sub-paragraph (i), for “(15)” substitute “(17)”; and

 
 

Local Government and Public Involvement in Health Bill
Part 6 — Byelaws

92

 

(b)   

after that sub-paragraph insert—

“(ia)   

sections 21A to 21D of that Act,

(ib)   

section 22A of that Act,”.

(4)   

In section 185(3)(b) of the National Health Service (Wales) Act 2006 (c. 42) (joint

overview and scrutiny committees etc)—

5

(a)   

in sub-paragraph (i), for “(15)” substitute “(17)”; and

(b)   

after that sub-paragraph insert—

“(ia)   

section 21A(1)(a) or (b) or (2) of that Act,”.

127     

Transitional provision

(1)   

Section 33E of the Local Government Act 2000 (c. 22) (proposals for change in

10

governance arrangements) (which is inserted by section 64) applies (in

addition to the cases mentioned in subsection (1) of that section) to a local

authority which—

(a)   

by virtue of the coming into force of any provision of this Chapter is

required to vary its executive arrangements; or

15

(b)   

by virtue of the coming into force of any provision of regulations made

under section 32 of that Act (alternative arrangements) by virtue of any

provision of this Chapter is required to vary its alternative

arrangements.

(2)   

In this section, “alternative arrangements”, “executive arrangements” and

20

“local authority” have the same meanings as in Part 2 of the Local Government

Act 2000.

Part 6

Byelaws

128     

Alternative procedure for byelaws

25

(1)   

The Local Government Act 1972 (c. 70) is amended as follows.

(2)   

In section 236 (procedure for byelaws), in subsection (2) (byelaws to which the

section does not apply), after “apply to” insert—

“(a)   

byelaws of a class prescribed by regulations under section 236A,

or

30

(b)   

”.

(3)   

After section 236 insert—

“236A   

Alternative procedure for certain byelaws

(1)   

The Secretary of State may, in relation to England, by regulations—

(a)   

prescribe classes of byelaws to which section 236 does not

35

apply, and

(b)   

make provision about the procedure for the making and coming

into force of such byelaws.

(2)   

The regulations may prescribe a class of byelaws by reference, in

particular, to one or more of the following—

40

(a)   

the enactment under which byelaws are made,

(b)   

the subject-matter of byelaws,

 
 

 
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