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Local Government and Public Involvement in Health Bill


 

Local Government and Public Involvement in Health Bill

 

[AS AMENDED ON REPORT]

 
 

Contents

Part 1

Structural and boundary change in England

Chapter 1

Structural and boundary change

Change from two tiers to single tier of local government

1   

“Principal authority” and “single tier of local government”

2   

Invitations and directions for proposals for single tier of local government

3   

Invitations, directions and proposals: supplementary

4   

Request for Boundary Committee for England’s advice

5   

Boundary Committee’s powers

6   

Boundary Committee’s procedure

7   

Implementation of proposals by order

Boundary change

8   

Review by Boundary Committee of local government areas

9   

Boundary Committee’s review: consultation etc

10   

Implementation of recommendations by order

Implementation of changes

11   

Implementation orders: provision that may be included

12   

Provision relating to membership etc of authorities

13   

Implementation orders: further provision

14   

Regulations for supplementing orders

15   

Incidental etc provision in orders or regulations

16   

Agreements about incidental matters

17   

Residuary bodies

18   

Staff commissions

19   

Certain county councils to be billing authorities

 

HL Bill 106                                                                                             

54/2

 
 

Local Government and Public Involvement in Health Bill

ii

 

Supplementary

20   

Correction of orders

21   

Pre-commencement invitations etc

22   

Consequential amendments

23   

Definitions for purposes of Chapter 1

Chapter 2

Control of disposals etc

24   

Authorities dissolved by orders: control of disposals, contracts and reserves

25   

Directions: further provision about reserves

26   

Directions: supplementary

27   

Consideration to be taken into account for purposes of direction

28   

Contraventions of direction

29   

Power to amend

30   

Definitions for purposes of Chapter 2

Part 2

Electoral arrangements

Chapter 1

Power of district councils in England to change electoral scheme

Introductory

31   

Schemes for elections

Power of district councils to change to whole-council elections

32   

Resolution for whole-council elections

33   

Resolution for whole-council elections: requirements

34   

Scheme for whole-council elections

35   

Publicity

36   

Notice to Electoral Commission

Power of district councils to revert to partial-council elections

37   

Resolution for elections by halves

38   

Resolution for elections by halves: requirements

39   

Resolution for elections by thirds

40   

Resolution for elections by thirds: requirements

41   

Publicity for resolution

42   

Notice to Electoral Commission

43   

Electoral Commission to consider whether electoral review is necessary

44   

Electoral Commission to make order for new electoral scheme

45   

Order for elections by halves: years in which elections are to be held

46   

Orders for elections by halves: councillors to be elected at ordinary elections

47   

Order for elections by thirds: years in which elections are to be held

48   

Order for elections by thirds: councillors to be elected at ordinary elections

49   

Order for elections by halves or elections by thirds: transitional provision

50   

Power of Electoral Commission to make incidental etc provision

 
 

Local Government and Public Involvement in Health Bill

iii

 

51   

Position if Electoral Commission act under existing powers

52   

Publicity for order by Electoral Commission

Power of district councils to alter years of ordinary elections of parish councillors

53   

Power of council to alter years of ordinary elections of parish councillors

Amendment of existing provisions about schemes for ordinary elections

54   

Amendment of existing provisions about schemes for ordinary elections

Chapter 2

Miscellaneous

Requests for single-member electoral areas in England

55   

Requests for single-member electoral areas

Electoral Commission and Boundary Committee: reviews and recommendations

56   

Electoral Commission and Boundary Committee: reviews and

recommendations

57   

Procedure in connection with reviews

Electoral areas in England

58   

Metropolitan districts: councillors per ward

59   

Change of name of electoral area

Election dates

60   

Power to change date of local elections to date of European Parliamentary

general election

Chapter 3

Consequential amendments

61   

Consequential amendments

Part 3

Executive arrangements for England

62   

Executive arrangements for England

63   

Discharge of functions

64   

Changing governance arrangements

65   

Referendum following petition

66   

Elected mayors

67   

Leader and cabinet executives (England)

68   

Power to make incidental, consequential provision etc

69   

Time limit for holding further referendum

70   

Interpretation

 
 

Local Government and Public Involvement in Health Bill

iv

 

71   

Larger authorities to cease operating alterative arrangements

72   

Failure to cease operating alternative arrangements

73   

Sections 71 and 72: supplementary

74   

Further amendments & transitional provision

Part 4

Parishes

Chapter 1

Parishes

75   

Parishes: alternative styles

76   

Appointed councillors

Chapter 2

Power to promote well-being

77   

Extension of power to certain parish councils

78   

Community strategies

Chapter 3

Reorganisation

Key terms used

79   

Community governance reviews

80   

Community governance petitions

81   

Terms of reference of review

Undertaking community governance reviews

82   

Council’s power to undertake review

83   

No review being undertaken: duty to respond to petition

84   

Review being undertaken: duty to respond to petition

85   

Power to respond to petition

Reorganisation of community governance

86   

Reorganisation of community governance

Recommendations of review

87   

Constitution of new parish

88   

Existing parishes under review

89   

New council: consequential recommendations

90   

Council retained: consequential recommendations

91   

Grouping or de-grouping parishes

92   

County, district or London borough: consequential recommendations

 
 

Local Government and Public Involvement in Health Bill

v

 

Duties of council undertaking review

93   

Duties when undertaking a review

94   

Recommendations to create parish councils

95   

Electoral recommendations: general considerations

Publicising outcome of review

96   

Publicising outcome

Miscellaneous

97   

Supplementary regulations

98   

Orders and regulations under this Chapter

99   

Agreements about incidental matters

100   

Guidance

101   

Consequential amendments

102   

Interpretation

Part 5

Co-operation of English authorities with local partners, etc

Chapter 1

Local area agreements and community strategies

103   

Application of Chapter: responsible local authorities

104   

Application of Chapter: partner authorities

105   

“Local improvement targets”: interpretation

106   

Duty to prepare and submit draft of a local area agreement

107   

Approval of draft local area agreement by Secretary of State

108   

Duty to have regard to local improvement targets

109   

Designated targets

110   

Revision and addition of targets

111   

Designated targets: revision proposals

112   

Approval of revision proposal

113   

Duty to publish information about local area agreement

114   

Preparation of community strategy

115   

Orders under Part 1 of Local Government Act 2000: Wales

116   

Health and social care: joint strategic needs assessments

117   

Interpretation of Chapter

118   

Transitional provision

Chapter 2

Overview and scrutiny committees

119   

Reference of matter by councillor to overview and scrutiny committee

120   

Power of overview and scrutiny committee to question members of authority

121   

Powers to require information from partner authorities

122   

Overview and scrutiny committees: reports and recommendations

123   

Joint overview and scrutiny committees: local improvement targets

124   

Overview and scrutiny committees of district councils: local improvement

targets

 
 

Local Government and Public Involvement in Health Bill

vi

 

125   

Guidance

126   

Overview and scrutiny committees: consequential amendments

127   

Transitional provision

Part 6

Byelaws

128   

Alternative procedure for byelaws

129   

Fixed penalties for breach of byelaws

130   

Use of fixed penalty receipts

131   

Guidance

132   

Community support officers etc

133   

Revocation of byelaws

134   

Further amendments relating to byelaws

Part 7

Best value

Best value authorities

135   

Parish councils and community councils etc not to be best value authorities

Duties of best value authorities

136   

Guidance about general best value duty

137   

Involvement of local representatives

138   

Abolition of performance indicators etc except for Welsh authorities

139   

Abolition of best value performance reviews

Powers to modify enactments etc

140   

Consultation with and consent of Welsh Ministers

141   

Power of Welsh Ministers to modify enactments obstructing best value etc

Other

142   

Grants to promote or facilitate exercise of functions by best value authorities

143   

Best value: minor and consequential amendments

Part 8

Local services: inspection and audit

Chapter 1

Constitution of the Audit Commission

144   

Membership

145   

Change of name

 
 

Local Government and Public Involvement in Health Bill

vii

 

Chapter 2

Audit Commission and auditors: functions and procedure

Benefits inspections

146   

Powers of the Audit Commission relating to benefits

147   

Benefit Fraud Inspectorate: transfers to the Audit Commission

Interaction with other authorities

148   

Interaction of the Audit Commission with other authorities

149   

Interaction of benefits inspectors with the Audit Commission

Inspections and audit

150   

Powers of auditors and inspectors to obtain information

151   

Inspections of best value authorities

Studies and reports etc

152   

National studies

153   

Studies at request of particular bodies

154   

Registered social landlords

155   

Information about performance standards of local authorities etc

156   

Reports on English local authorities

157   

Reports categorising English local authorities

Miscellaneous

158   

Appointment of auditors

159   

Inspection and disclosure of personal information

160   

Right to make objections at audit

161   

Appointment of auditor to carry out agreed audits

162   

Consent for the purposes of agreed audit

163   

Disclosure of information obtained by the Audit Commission or an auditor

164   

Publication of information by the Audit Commission

Chapter 3

Auditor General for Wales and auditors

165   

Registered social landlords in Wales

166   

Disclosure of information obtained by the Auditor General for Wales or an

auditor

Part 9

The Commission for Local Administration in England

167   

Appointment and removal of Commissioners

168   

Responsibilities of Commissioners

169   

Annual reports

170   

Power to investigate

 
 

 
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Revised 17 October 2007