Local Government and Public Involvement in Health Act 2007

(139BA) (1) A person authorised under section 139A(1) must from time to time, or at such times as the Secretary of State may specify by order, prepare— (a) a document setting out what inspections of English authorities he proposes to carry out (an “inspection programme”); (b) a document setting out the way in which he proposes to carry out his functions of inspecting and reporting on such authorities (an “inspection framework”). (2) The person authorised under section 139A(1) must— (a) consult the Audit Commission before preparing an inspection programme or an inspection framework; and (b) once an inspection programme or inspection framework is prepared, send a copy of it to— (i) the Secretary of State; and (ii) the Audit Commission. (3) The Secretary of State may by order specify the form that inspection programmes or inspection frameworks must take. (4) A person authorised under section 139A(1)— (a) must co-operate with the Audit Commission, and (b) may act jointly with the Audit Commission, where it is appropriate to do so for the efficient and effective discharge of the person's functions in relation to English authorities. (5) In this section— - “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England; - “English authorities” means authorities administering housing benefit or council tax benefit in England; - “person” does not include the Audit Commission.

Inspections and audit

Powers of auditors and inspectors to obtain information

151

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 11 of the Local Government Act 1999 (c. 27) (inspectors' powers and duties in connection with best value inspections)—

• (a) after subsection (1) insert—

(1A) The right conferred by subsection (1)(b) includes power to inspect, copy or take away the document.

;

• (b) after subsection (2) insert—

(2A) In relation to a document kept in electronic form, the power in subsection (2)(b) to require a person to produce a document includes power to require it to be produced in a form in which it is legible and can be taken away. (2B) In connection with inspecting such a document, an inspector— (a) may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been used in connection with the document; (b) may require a person within subsection (2C) to afford him such reasonable assistance as he may require for that purpose. (2C) A person is within this subsection if he is— (a) the person by whom or on whose behalf the computer is or has been used; or (b) a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.

;

• (c) in subsection (5), after “reasonable excuse” insert “ obstructs the exercise of any power conferred by this section or ”.

Inspections of best value authorities

152

• (1) Section 10 of the Local Government Act 1999 (inspections) is amended as follows.

• (2) Before subsection (1) insert—

(A1) The Audit Commission may carry out an inspection of a best value authority's performance of its functions or of any particular function or functions.

• (3) In subsection (1), after “may” insert “ , in particular, ”.

Studies and reports etc

National studies

153

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Studies at request of particular bodies

154

In the Audit Commission Act 1998, omit—

• (a) section 35 (studies at request of bodies subject to audit);

• (b) section 35A (studies for functional bodies at request of Greater London Authority).

Registered social landlords

155

• (1) In section 40(1) of the Audit Commission Act 1998 (studies relating to registered social landlords), omit “(other than registered social landlords in Wales)”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Omit section 42 of that Act (consultancy services relating to audit of accounts of registered social landlords).

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information about performance standards of local authorities etc

156

In the Audit Commission Act 1998 (c. 18), omit sections 44 to 47 (publication of information about standards of performance).

Reports on English local authorities

157

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports categorising English local authorities

158

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

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

165

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 3 — Auditor General for Wales and auditors

Registered social landlords in Wales

166

After section 145C of the Government of Wales Act 1998 (c. 38) insert—

(145D) (1) The Auditor General for Wales may, if he thinks it appropriate to do so, provide advice or assistance to a registered social landlord in Wales for the purpose of the exercise by the registered social landlord of its functions. (2) Advice or assistance under this section may be provided on such terms and conditions, including conditions as to payment, as the Auditor General for Wales thinks fit. (3) This section has effect without prejudice to paragraph 21 of Schedule 8 to the Government of Wales Act 2006 (arrangements between Auditor General for Wales and certain bodies). (4) In this section, “registered social landlord in Wales” means a body which is— (a) registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996, and (b) mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act.

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

167

• (1) The Public Audit (Wales) Act 2004 (c. 23) is amended as follows.

• (2) In section 54 of that Act (restriction on disclosure of information), after subsection (2) insert—

(2ZA) A person who is, or acts on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, may also disclose such information— (a) in accordance with section 145C(5) or (8) of the Government of Wales Act 1998; or (b) in any other circumstances, except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the person by or under an enactment. (2ZB) An auditor who does not fall within subsection (2ZA), or a person acting on his behalf, may also disclose such information except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the auditor by or under an enactment. (2ZC) A person who does not fall within subsection (2ZA) or (2ZB) may also disclose such information in accordance with consent given by the Auditor General for Wales or an auditor. (2ZD) Section 54ZA makes further provision about consent for the purposes of subsection (2ZC).

• (3) Omit subsection (2A) of that section.

• (4) In subsection (3) of that section, for “subsection (2)” substitute “ this section ”.

• (5) In subsection (4) of that section—

• (a) in paragraph (a), omit “to imprisonment for a term not exceeding six months or” and “or to both;”;

• (b) omit paragraph (b).

• (6) After that section insert—

(54ZA) (1) Consent for the purposes of section 54(2ZC) must be obtained in accordance with this section. (2) A person requesting consent (“the applicant”) must make a request for consent which— (a) is in writing, (b) states the name of the applicant and an address for correspondence, (c) describes the information in relation to which consent is requested, and (d) identifies the person to whom the information will be disclosed. (3) Consent must be given except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the Auditor General for Wales or an auditor by or under an enactment. (4) Consent may be given or refused orally or in writing; but where it is given or refused orally the consent or refusal must be confirmed in writing. (5) A refusal (or, where the refusal is oral, the confirmation of the refusal) must contain the reasons for the refusal. (6) A person to whom a request for consent is made must give or refuse consent not later than the twentieth working day following the day on which the request is received. (7) “Working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

• (7) Omit section 54A of that Act (disclosure of information by or on behalf of public authorities).

• (8) Nothing in this section has effect in relation to a disclosure made before the commencement of this section.

Part 9 — The Commission for Local Administration in England

Appointment and removal of Commissioners

168

• (1) Section 23 of the Local Government Act 1974 (c. 7) (appointment and removal of Commissioners) is amended as follows.

• (2) In subsection (4) (appointment of Commissioners) omit from “after consultation” to the end.

• (3) After subsection (4) insert—

(4A) Subject to subsections (5) to (6), a Commissioner shall hold and vacate office in accordance with the terms of his appointment.

• (4) For subsection (5) substitute—

(5) A Commissioner's appointment may be a full-time or part-time appointment and, with the Commissioner's consent, the terms of the appointment may be varied as to whether it is full-time or part-time. (5A) A Commissioner must be appointed for a period of not more than 7 years. (5B) A Commissioner shall, subject to subsection (6), hold office until the end of the period for which he is appointed.

• (5) In subsection (6) (removal of Commissioners and obligation to vacate office at end of year in which Commissioner attains age of 65) omit from “, and shall in any case vacate office” to the end.

• (6) After subsection (6) insert—

(6A) A person appointed to be a Commissioner is not eligible for re-appointment.

Responsibilities of Commissioners

169

• (1) Section 23 of the Local Government Act 1974 (appointment and removal of Commissioners) is amended as follows.

• (2) For subsections (8) and (9) (allocation of cases by geographic area) substitute—

(8A) The Commission must— (a) divide the matters which may be investigated under this Part of this Act into such categories as they consider appropriate, and (b) allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.

• (3) In subsection (10)(a), for “to accept cases for which they are not responsible” substitute “ to deal with matters for which they do not have responsibility pursuant to subsection (8A) ”.

Annual reports

170

• (1) Section 23A of the Local Government Act 1974 (c. 7) (annual reports) is amended as follows.

• (2) In subsection (1), after “functions” insert “ (an “annual report”) ”.

• (3) In subsection (2)—

• (a) for “The report” substitute “ The annual report ”;

• (b) for “their own report” substitute “ their annual report ”.

• (4) In subsection (3), for “the report submitted by them under subsection (1) above” substitute “ the annual report ”.

• (5) After subsection (3) insert—

(3A) The Commission must lay a copy of the annual report before Parliament.

• (6) Omit subsections (4) and (5) (comments on Commission's annual report).

Power to investigate

171

Before section 25 of the Local Government Act 1974 insert—

(24A) (1) Under this Part of this Act, a Local Commissioner may investigate a matter— (a) which relates to action taken by or on behalf of an authority to which this Part of this Act applies, (b) which is subject to investigation under this Part of this Act by virtue of section 26, and (c) in relation to which subsection (2), (3) or (5) is satisfied. (2) This subsection is satisfied if, in relation to the matter, a complaint which satisfies sections 26A and 26B has been made to a Local Commissioner. (3) This subsection is satisfied if, in relation to the matter— (a) a complaint which satisfies sections 26A and 26B has been made to a member of an authority to which this Part of this Act applies, and (b) the complaint has been referred, or is treated as having been referred, to a Local Commissioner under section 26C. (4) Any question whether subsection (2) or (3) is satisfied in relation to a matter shall be determined by a Local Commissioner. (5) This subsection is satisfied if— (a) the matter has come to the attention of a Local Commissioner, and (b) section 26D applies to the matter. (6) In determining whether to initiate, continue or discontinue an investigation, a Local Commissioner shall, subject to the provisions of this section and sections 26 to 26D, act in accordance with his own discretion. (7) Without prejudice to the discretion conferred by subsection (6), a Local Commissioner may in particular decide— (a) not to investigate a matter, or (b) to discontinue an investigation of a matter, if he is satisfied with action which the authority concerned have taken or propose to take.

Authorities subject to investigation

172

• (1) Section 25 of the Local Government Act 1974 (c. 7) (authorities subject to investigation) is amended as follows.

• (2) In subsection (4), for paragraphs (b) and (c) substitute—

(b) to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented), and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection.

• (3) After subsection (4) insert—

(4ZA) Any reference to an authority to which this Part of this Act applies also includes, in the case of a local authority operating executive arrangements, the executive.

• (4) In subsection (4A) (Greater London Authority), omit paragraphs (b) and (c).

• (5) Omit subsection (4B) (sub-committees of the London Transport Users Committee).

• (6) In subsection (5)—

• (a) in paragraph (c), after “constituted” insert “ by the authority ”;

• (b) in paragraph (d), after first “school” insert “ maintained by the authority ”;

• (c) in paragraph (e), after “constituted” insert “ by the authority ”.

• (7) After subsection (5) insert—

(6) Subsection (7) has effect where an authority to which this Part of this Act applies exercise a function entirely or partly by means of an arrangement with another person. (7) For the purposes of this Part of this Act, action taken by or on behalf of the other person in carrying out the arrangement shall be treated as action taken— (a) on behalf of the authority, and (b) in the exercise of the authority's function. (8) Subsection (7) does not have effect where, by virtue of another enactment, the action would be treated as action taken by the authority.

Matters subject to investigation

173

• (1) Section 26 of the Local Government Act 1974 (matters subject to investigation) is amended in accordance with subsections (2) and (3).

• (2) For subsection (1) substitute—

(1) For the purposes of section 24A(1)(b), in relation to an authority to which this Part of this Act applies, the following matters are subject to investigation by a Local Commissioner under this Part of this Act— (a) alleged or apparent maladministration in connection with the exercise of the authority's administrative functions; (b) an alleged or apparent failure in a service which it was the authority's function to provide; (c) an alleged or apparent failure to provide such a service. (1A) Subsection (1) is subject to the following provisions of this section.

• (3) Omit subsections (2) to (4) (procedure for making complaints).

• (4) In Schedule 5 to that Act (matters not subject to investigation), for paragraph 3 substitute—

(3) (1) Action taken in matters relating to contractual or other commercial transactions of any authority to which Part 3 of this Act applies relating to— (a) the operation of public passenger transport; (b) the carrying on of a dock or harbour undertaking; (c) the provision of entertainment; (d) the provision and operation of industrial establishments; (e) the provision and operation of markets. (2) Sub-paragraph (1) does not include transactions for or relating to— (a) the acquisition or disposal of land; (b) the acquisition or disposal of moorings which are not moorings provided in connection with a dock or harbour undertaking. (3) Sub-paragraph (1)(a) does not include action taken by or on behalf of the London Transport Users Committee in operating a procedure for examining complaints or reviewing decisions. (4) Sub-paragraph (1)(e) does not include transactions relating to— (a) the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or (b) the attachment of any condition to such a licence.

Complaints and matters coming to Commissioners' attention

174

• (1) After section 26 of the Local Government Act 1974 (c. 7) insert—

(26A) (1) Under this Part of this Act, a complaint about a matter may only be made— (a) by a member of the public who claims to have sustained injustice in consequence of the matter, (b) by a person authorised in writing by such a member of the public to act on his behalf, or (c) in accordance with subsection (2). (2) Where a member of the public by whom a complaint about a matter might have been made under this Part of this Act has died or is otherwise unable to authorise a person to act on his behalf, the complaint may be made— (a) by his personal representative (if any), or (b) by a person who appears to a Local Commissioner to be suitable to represent him. (26B) (1) Subject to subsection (3), a complaint about a matter under this Part of this Act must be made— (a) in writing, and (b) before the end of the permitted period. (2) In subsection (1)(b), “the permitted period” means the period of 12 months beginning with— (a) the day on which the person affected first had notice of the matter, or (b) if the person affected has died without having notice of the matter— (i) the day on which the personal representatives of the person affected first had notice of the matter, or (ii) if earlier, the day on which the complainant first had notice of the matter. (3) A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint. (26C) (1) This section applies where a complaint about a matter is made to a member of an authority to which this Part of this Act applies. (2) If the complainant consents, the complaint may be referred to a Local Commissioner by— (a) the member of the authority to whom the complaint was made, (b) any other member of that authority, or (c) a member of any other authority to which this Part of this Act applies which is alleged in the complaint to have taken or authorised the action complained of. (3) Subject to subsection (4), a referral under this section must be made in writing. (4) A Local Commissioner may disapply the requirement in subsection (3) in relation to a particular referral. (5) If a Local Commissioner is satisfied that the complainant asked a member of an authority mentioned in subsection (2) to refer the complaint to a Local Commissioner, he may treat the complaint as if it had been referred to him under this section. (6) In this section, references to a member of an authority include— (a) in relation to a National Park authority, a member of any of the councils by whom a local authority member of the authority is appointed; (b) in relation to a joint board, a member of any of the constituent authorities of the joint board; (c) in relation to a joint authority established by Part 4 of the Local Government Act 1985, a member of a constituent council of that authority. (26D) (1) This section applies to a matter which has come to the attention of a Local Commissioner if— (a) the matter came to his attention during the course of an investigation under this Part of this Act, (b) (subject to subsection (3)) the matter came to his attention— (i) before the person affected or his personal representatives had notice of the matter, or (ii) in any other case, before the end of the permitted period, and (c) it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter. (2) In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with— (a) the day on which the person affected first had notice of the matter, or (b) if the person affected has died without having notice of the matter, the day on which the personal representatives of the person affected first had notice of the matter. (3) A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.

• (2) In section 27 of that Act (provisions relating to complaints)—

• (a) for the title substitute “ Members of the public ”;

• (b) in subsection (1), for the words before paragraph (a) substitute “ In this Part of this Act, “member of the public” means an individual or a body of persons, whether incorporated or not, other than— ”;

• (c) omit subsection (2).

Reports and statements of reasons

175

• (1) Section 30 of the Local Government Act 1974 (c. 7) (reports on investigations) is amended as follows.

• (2) For subsection (1) substitute—

(1) If a Local Commissioner completes an investigation of a matter, he shall prepare a report of the results of the investigation and send a copy to each of the persons concerned (subject to subsection (1B)). (1A) A Local Commissioner may include in a report on a matter under subsection (1) any recommendations that he could include in a further report on the matter by virtue of section 31(2A) to (2BA). (1B) If, after the investigation of a matter is completed, the Local Commissioner decides— (a) that he is satisfied with action which the authority concerned have taken or propose to take, and (b) that it is not appropriate to prepare and send a copy of a report under subsection (1), he may instead prepare a statement of his reasons for the decision and send a copy to each of the persons concerned. (1C) If a Local Commissioner decides— (a) not to investigate a matter, or (b) to discontinue an investigation of a matter, he shall prepare a statement of his reasons for the decision and send a copy to each of the persons concerned. (1D) For the purposes of subsections (1) to (1C), the persons concerned are— (a) the complainant (if any), (b) any person who referred the matter under section 26C(2), (c) the authority concerned, and (d) any other authority or person who is alleged in the complaint, or who otherwise appears to the Local Commissioner, to have taken or authorised the action which is or would be the subject of the investigation.

• (3) In subsection (2), for “the complaint” substitute “ a complaint about the matter ”.

• (4) In subsection (2AA)(a), for “the duty imposed by subsection (1)(c) above” substitute “ the duty to send a report or statement to the Authority under subsection (1), (1B) or (1C) ”.

• (5) Before subsection (3) insert—

(2B) Subsections (3) to (8) apply in the case of a report under subsection (1).

• (6) In subsection (3), for “the interests of the complainant and of persons other than the complainant” substitute “ the interests of the complainant (if any) and of other persons ”.

• (7) In subsection (7), for “the interests of the complainant and of persons other than the complainant” substitute “ the interests of the complainant (if any) and of other persons ”.

Power of Commissioners to make recommendations etc

176

• (1) Section 31 of the Local Government Act 1974 (c. 7) (further provisions about reports on investigations) is amended as follows.

• (2) For subsection (1) substitute—

(1) This section applies where a Local Commissioner reports that there has been— (a) maladministration in connection with the exercise of the authority's administrative functions, (b) a failure in a service which it was the function of an authority to provide, or (c) a failure to provide such a service.

• (3) For subsection (2B) substitute—

(2B) Where the report relates to maladministration, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take— (a) to remedy any injustice sustained by the person affected in consequence of the maladministration, and (b) to prevent injustice being caused in the future in consequence of similar maladministration in connection with the exercise of the authority's administrative functions. (2BA) Where the report relates to a failure in, or to provide, a service which it was the function of the authority to provide, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take— (a) to remedy any injustice sustained by the person affected in consequence of the failure, and (b) to prevent injustice being caused in the future in consequence of a similar failure in, or to provide, a service which it is the function of the authority to provide.

• (4) In subsection (3)(b), for “maladministration” substitute “ the maladministration or failure ”.

Publication of reports etc by Commissioners

177

After section 31A of the Local Government Act 1974 (c. 7) insert—

(31B) (1) A Local Commissioner may— (a) publish all or part of a report or statement under section 30, (b) publish all or part of a report under section 31, (c) arrange for further publication of all or part of a statement published under section 31(2D) or (2G), or (d) publish a summary of a matter which is the subject of a report or statement under section 30 or 31, if, after taking into account the public interest as well as the interests of the complainant (if any) and of other persons, he considers it appropriate to do so. (2) A Local Commissioner may— (a) supply a copy of all or part of a report, statement or summary mentioned in subsection (1) to any person who requests it, and (b) charge a reasonable fee for doing so. (3) Subsection (3) of section 30 applies to— (a) any part of a statement under section 30, and (b) any part of a summary of a matter, that is published, or a copy of which is supplied, under this section as it applies to a report prepared under section 30.

Making complaints etc electronically

178

• (1) In section 32 of the Local Government Act 1974 (law of defamation and disclosure of information), after subsection (3) insert—

(3A) A notice under subsection (3) above may not be given electronically.

• (2) In section 34 of that Act (interpretation of Part), after subsection (1) insert—

(1A) In this Part of this Act, except as otherwise provided, references to something being done in writing are to it being done in writing whether electronically or otherwise (and references to anything written shall be interpreted accordingly).

Disqualifications

179

• (1) Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) is amended as follows.

• (2) In paragraph 1(1) (disqualification for being Local Commissioner)—

• (a) in paragraph (a), for “any of the authorities mentioned in section 25(1) of this Act” substitute “ any authority to which Part 3 of this Act applies ”;

• (b) in paragraph (b), omit “or is a member (by co-option) of a committee of any of those authorities”.

• (3) In paragraph 1(2) (restriction on Local Commissioners conducting cases), for the words from “has been a member of that authority” to the end substitute

— (a) has been a member of that authority, (b) has taken action on behalf of that authority in the exercise of any of their functions, or (c) has taken action which, by virtue of an enactment, is treated as having been taken by that authority in the exercise of any of their functions.

• (4) For paragraph 2 (disqualification of Local Commissioners for appointment to paid office by authority) substitute—

(2A) A Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies— (a) while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include— (i) matters relating to the authority, or (ii) matters of a description which may include matters relating to the authority, and (b) for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).

Expenses of the Commission

180

In Schedule 4 to the Local Government Act 1974 (the Commission) for paragraphs 6 to 8 substitute—

(5A) (1) The Secretary of State must pay to the Commission in respect of each financial year such amount as he determines to be the amount required for the discharge during that year of the functions of the Commission. (2) A determination under sub-paragraph (1) must be approved by the Treasury.

Delegation

181

In Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) at the end insert—

(13) (1) Any function of a Commissioner may be discharged on the Commissioner's behalf— (a) by any person authorised by the Commissioner to do so, and (b) to the extent so authorised. (2) Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function.

Minor and consequential amendments

182

Schedule 12 (minor and consequential amendments) has effect.

Part 10 — Ethical standards

Chapter 1 — Conduct of local authority members

Codes of conduct

Conduct that may be covered by code

183

• (1) In section 49 of the Local Government Act 2000 (c. 22) (principles governing conduct of members of relevant authorities), after subsection (2) insert—

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2C) An order under subsection (1) may define, for the purposes of the order— - “official capacity”; and - “criminal offence”. (2D) An order under subsection (2)— (a) may specify principles which are to apply to a person at all times; (b) may specify principles which are to apply to a person otherwise than at all times.

• (2) In section 50 of that Act (model code of conduct), after subsection (4) insert—

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4C) A model code of conduct issued under subsection (1) may define for the purposes of the code— - “official capacity”; and - “criminal offence”. (4D) Provision included under subsection (4A) or (4C) in a model code of conduct— (a) must be consistent with the provision for the time being included in an order under section 49(1) by virtue of section 49(2A) or (2C); (b) is to be mandatory except to the extent that it relates to an optional provision; (c) to the extent that it relates to an optional provision, is to be mandatory where that optional provision is incorporated in a code of conduct under section 51. (4E) A model code of conduct issued under subsection (2) may include— (a) provisions which are to apply to a person at all times; (b) provisions which are to apply to a person otherwise than at all times.

• (3) In section 51 of that Act (duty of relevant authorities to adopt codes of conduct), after subsection (4) insert—

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4C) The provisions which may be included under subsection (4)(c) by a relevant authority in Wales other than a police authority include— (a) provisions which are to apply to a person at all times; (b) provisions which are to apply to a person otherwise than at all times.

• (4) In section 52 of that Act (duty to comply with code of conduct), in each of subsections (1) to (4), omit the words “in performing his functions”.

• (5) Subsection (6) below applies where immediately before the commencement date a person is a member or co-opted member of a relevant authority and not prevented by any provision of section 52 of that Act from acting as such.

• (6) The coming into force of this section shall not have the effect of preventing the person from acting as a member or co-opted member of the relevant authority, but—

• (a) he must before the end of the prescribed period give to that authority a written undertaking that he will observe the authority's code of conduct for the time being; and

• (b) if he fails to comply with paragraph (a), he shall cease to be a member or co-opted member at the end of that period.

• (7) With effect from the commencement date—

• (a) any order under section 49(2) or 50(2) of the Local Government Act 2000 (c. 22), and

• (b) any code of conduct of a relevant authority ...,

which is in force immediately before that date shall have effect as if the amendments made by this section had always had effect.

• (8) Subsection (7) does not affect the operation of any order or code in relation to any time before the commencement date.

• (9) In this section the following expressions have the same meanings as in Part 3 of the Local Government Act 2000—

• “code of conduct”;

• “co-opted member”;

• “member of a relevant authority”;

• “relevant authority”.

• (10) References in subsections (6) to (8) to the code of conduct of a relevant authority include, in relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b) of the Local Government Act 2000, those mandatory provisions.

• (11) In this section—

• “the commencement date” means the date this section comes into force;

• “the prescribed period” means such period, beginning with the commencement date, as may be prescribed for the purposes of subsection (6) by order made by the Secretary of State.

Certain references to code of conduct to include default code

184

• (1) In section 37 of the Local Government Act 2000 (c. 22) (local authority constitution), after subsection (3) insert—

(4) In relation to an authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1)(c) to the authority's code of conduct for the time being under section 51 is to the mandatory provisions which for the time being apply to the members and co-opted members of the authority.

• (2) In section 52 of that Act (duty to comply with code of conduct), after subsection (4) insert—

(5) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b)— (a) the references in subsections (2) to (4) to the authority's code of conduct for the time being under section 51 include the mandatory provisions which for the time being apply to the members and co-opted members of the authority, and (b) the references in subsections (3) and (4) to any time after the authority have adopted a code of conduct under section 51 for the first time are to be read as references to any time after the coming into force of section 184 of the Local Government and Public Involvement in Health Act 2007.

• (3) In section 54 of that Act (functions of standards committees), after subsection (3) insert—

(3A) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), references in subsection (1)(b) and (2)(b) and (c) to the authority's code of conduct are to those mandatory provisions.

Conduct of members of authorities in England: assessment of allegations

Assessment of allegations

185

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Information to be provided to Standards Board by relevant authority

186

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Conduct of local authority members: miscellaneous amendments

Chairmen of standards committees

187

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sub-committees of standards committees

188

• (1) In section 54A of the Local Government Act 2000 (sub-committees of standards committees)—

• (a) in subsection (2) omit the words “55 or”;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint committees of relevant authorities in England

189

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Standards Board for England: functions

190

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Ethical standards officers: investigations and findings

191

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Ethical standards officers: reports etc

192

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Disclosure by monitoring officers of ethical standards officers' reports

193

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Matters referred to monitoring officers

194

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In section 73 of that Act (matters referred to monitoring officers in Wales), in each of subsections (1) and (7), for “70(4) or 71(2)” substitute “ 70(4) or (5) or 71(2) or (4) ”.

• (9) In section 82A(1) of that Act (delegation of functions by monitoring officers), for the words from “60(2)” to “71(2)” substitute “ 57A, 60(2) or (3), 64(2) or (4), 70(4) or (5) or 71(2) or (4) ”.

References to Adjudication Panel for action in respect of misconduct

195

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Consultation with ombudsmen

196

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interim case tribunals

197

• (1) Section 78 of the Local Government Act 2000 (c. 22) (decisions of interim case tribunals) is amended as follows.

• (2) In subsection (1)(b) for “authority concerned” substitute “ relevant authority concerned ”.

• (3) For subsections (2) and (3) substitute—

(2) If the decision of the interim case tribunal is as mentioned in subsection (1)(a), the tribunal must give notice of its decision to the standards committee of the relevant authority concerned. (3) If the decision of the interim case tribunal is as mentioned in subsection (1)(b), the tribunal must give notice to the standards committee of the relevant authority concerned stating that the person concerned is suspended or partially suspended for the period, and in the way, that the tribunal has decided. (3A) The effect of a notice given under subsection (3) is to suspend or partially suspend the person concerned as mentioned in subsection (3).

• (4) In subsection (6) for “under section 79 is given” substitute “ is given by virtue of section 78A or 79 ”.

• (5) For subsection (8) substitute—

(8) Where the person concerned is no longer a member or co-opted member of the relevant authority concerned, but is a member or co-opted member of another relevant authority— (a) the references in subsection (1) to the relevant authority concerned are to be treated as references to that other authority, (b) the references in subsections (2) and (7)(b) to the relevant authority concerned are to be treated as including a reference to that other relevant authority, (c) the duty under subsection (3) to give notice to the standards committee of the relevant authority concerned is to be treated as a duty— (i) to give that notice to the standards committee of that other relevant authority, and (ii) to give a copy of that notice to the standards committee of the relevant authority concerned. (8A) Subsection (8) does not apply unless— (a) where the relevant authority concerned is in England, the other relevant authority is also in England, (b) where the relevant authority concerned is in Wales, the other relevant authority is also in Wales.

• (6) After subsection (10) insert—

(11) An appeal may not be brought under subsection (10) except with the leave of the High Court.

Case tribunals: England

198

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Case tribunals: Wales

199

• (1) Section 79 of the Local Government Act 2000 (c. 22) (decisions of case tribunals) is amended as follows.

• (2) For the sidenote substitute “ Decisions of case tribunals: Wales ”.

• (3) Before subsection (1) insert—

(A1) In this section “Welsh case tribunal” means a case tribunal drawn from the Adjudication Panel for Wales.

• (4) In subsections (1) to (15) for “case tribunal”, in each place where it occurs, substitute “ Welsh case tribunal ”.

• (5) In subsection (8)(c) for “must be suspended or partially suspended by the relevant authority concerned” substitute “ is suspended or partially suspended ”.

• (6) For subsection (9) substitute—

(9) The effect of a notice given to the standards committee of a relevant authority under subsection (8) is to suspend or partially suspend the person concerned as mentioned in subsection (8)(c).

• (7) In subsection (12), for paragraph (a) substitute—

(a) must be given to the Public Services Ombudsman for Wales,

.

• (8) In subsection (13)—

• (a) for “the same country (that is to say, England or Wales)” substitute “ Wales ”;

• (b) for paragraph (b) substitute—

(b) the reference in subsection (4)(a) to the relevant authority concerned is to be treated as a reference to that other relevant authority,

.

• (9) After subsection (15) insert—

(16) An appeal may not be brought under subsection (15) except with the leave of the High Court.

Exemption from Data Protection Act 1998

200

In section 31 of the Data Protection Act 1998 (c. 29) (exemptions for regulatory activity), after subsection (6) insert—

(7) Personal data processed for the purpose of discharging any function which is conferred by or under Part 3 of the Local Government Act 2000 on— (a) the monitoring officer of a relevant authority, (b) an ethical standards officer, or (c) the Public Services Ombudsman for Wales, are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function. (8) In subsection (7)— (a) “relevant authority” has the meaning given by section 49(6) of the Local Government Act 2000, and (b) any reference to the monitoring officer of a relevant authority, or to an ethical standards officer, has the same meaning as in Part 3 of that Act.

Supplementary and consequential provision

201

• (1) Subsection (2) applies in relation to any provision of Part 3 of the Local Government Act 2000 (c. 22) which is applied (with or without modifications) by an order under section 70 of that Act made before the passing of this Act.

• (2) Any amendment of that provision by this Part does not extend to the provision as so applied.

• (3) Where a provision mentioned in section 70(2)(a) of that Act is amended by this Part, the power in section 70(2) of that Act to apply or reproduce that provision (with or without modifications) is a power to apply or reproduce (with or without modifications) that provision either as amended by this Part or without the amendments made by this Part.

• (4) In the Local Government Act 1972 (c. 70)—

• (a) in section 85(3A) (vacation of office by failure to attend), for “73, 78” substitute “ 66A, 73, 78, 78A ”;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In the Greater London Authority Act 1999 (c. 29), in each of sections 6(5) and 13(2) (failure to attend meetings), for “73, 78” substitute “ 66A, 73, 78, 78A ”.

Chapter 2 — Employees

Politically restricted posts: grant and supervision of exemptions

202

• (1) In section 3 of the Local Government and Housing Act 1989 (c. 42) (grant and supervision of exemptions from political restriction of posts)—

• (a) at the end of the sidenote, insert “ : Scotland and Wales ”;

• (b) in subsection (1) for the words “It shall be the duty of the Secretary of State to appoint a person” substitute “ It shall be the duty of the Scottish Ministers to appoint in relation to Scotland, and the duty of the Welsh Ministers to appoint in relation to Wales, a person ”;

• (c) omit subsection (8)(a);

• (d) in subsection (8)(b), for “that subsection” substitute “ subsection (1) ”.

• (2) After that section insert—

(3A) (1) The standards committee of a local authority in England which is a relevant authority— (a) must consider any application for exemption from political restriction which is made to the committee, in respect of any post under the relevant authority, by the holder for the time being of that post; and (b) may, on the application of any person or otherwise, give directions to the relevant authority requiring it to include a post in the list maintained by the authority under section 2(2). (2) An application may not be made under subsection (1)(a) unless— (a) the relevant authority have specified or are proposing to specify the post in the list maintained by them under section 2(2); and (b) in the case of a post within section 2(2)(a) or (b), the relevant authority have certified whether or not, in their opinion, the duties of the post fall within section 2(3); and the relevant authority must give a certificate for the purposes of paragraph (b) above in relation to any post if requested to do so by the holder of that post. (3) If, on an application under subsection (1)(a) in respect of any post, the standards committee is satisfied that the duties of the post do not fall within section 2(3), the committee must direct— (a) that, for so long as the direction has effect in accordance with its terms, the post is not to be regarded as a politically restricted post; and (b) that accordingly the post is not to be specified in the list maintained by the relevant authority under section 2(2) or (as the case may be) is to be removed from that list. (4) A standards committee may not give a direction under subsection (1)(b) in respect of any post unless the committee is satisfied that— (a) the duties of the post fall within section 2(3); and (b) the post is neither— (i) in any list maintained by the relevant authority in accordance with section 2(2) above or section 100G(2) of the Local Government Act 1972; nor (ii) of a description specified in any regulations under section 2(2) above. (5) A standards committee must when determining for the purposes of subsection (3) or (4) whether or not the duties of a post fall within section 2(3) have regard to any general advice given by the Secretary of State under section 3B. (6) Every local authority in England which is a relevant authority must— (a) give its standards committee all such information as the committee may reasonably require for the purpose of carrying out its functions under this section; (b) comply with any direction under this section with respect to the list maintained by the authority; and (c) on being given a direction under subsection (1)(b), notify the terms of the direction to the person who holds the post to which the direction relates. (7) In carrying out its functions under this section a standards committee must give priority, according to the time available before the election, to any application under subsection (1)(a) from a person who certifies that the application is made for the purpose of enabling him to be a candidate in a forthcoming election. (8) The Secretary of State may make regulations requiring a local authority in England which is not a relevant authority to establish a committee to exercise the functions conferred by this section on the standards committee of a local authority in England which is a relevant authority. (9) Regulations under subsection (8) may include provision— (a) applying any provisions of this section (with or without modification) where a committee has been established under the regulations; (b) applying (with or without modification) any provision of section 53 of the Local Government Act 2000 or regulations made under subsection (6) of that section. (10) In this section— - “standards committee” means a committee established under section 53(1) of the Local Government Act 2000; - “relevant authority” has the meaning given by section 49(6) of that Act. (3B) (1) The Secretary of State may in relation to England give such general advice with respect to the determination of questions arising by virtue of section 2(3) as he considers appropriate. (2) Before giving general advice under this section the Secretary of State must consult such representatives of local government and such organisations appearing to him to represent employees in local government as he considers appropriate.

Politically restricted posts: consequential amendments

203

• (1) In section 2 of the Local Government and Housing Act 1989 (c. 42) (politically restricted posts)—

• (a) in subsections (1)(g) and (2) after “section 3” insert “ or 3A ”;

• (b) in subsection (5) after “local authority” insert “ in Scotland and Wales ”;

• (c) after subsection (5) insert—

(5A) It shall be the duty of every local authority in England in performing their duties under this section to have regard to such general advice as may be given by virtue of section 3B below by the Secretary of State.

• (2) In Schedule 7 to the Environment Act 1995 (c. 25) (national park authorities), in paragraph 7(4) for “3” substitute “ 3A ”.

• (3) In the Greater London Authority Act 1999 (c. 29) —

• (a) in section 61(2)(a) (power to require attendance at Assembly meetings) for “to 3” substitute “ , 2 and 3A ”;

• (b) in section 68(1)(b) (disqualification and political restriction) for “and 3” substitute “ and 3A ”;

• (c) in section 70(7) (terms and conditions of employment) for “and 3” substitute “ and 3A ”.

Political assistants' pay

204

In section 9 of the Local Government and Housing Act 1989, after subsection (4) insert—

(4A) An order made under subsection (4)(a) above in relation to England or Wales may, instead of specifying an amount, specify a point on a relevant scale specified by the order. (4B) A “relevant scale” is a scale consisting of points and of amounts corresponding to those points. (4C) In relation to any time while an order made by virtue of subsection (4A) above is in force, the amount that at that time corresponds to the point specified by the order is to be treated for the purposes of subsection (4)(a) above as specified by the order.

Part 11 — Joint Waste Authorities

Proposals for joint waste authorities in England

205

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Consultation

206

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Implementation of proposals by order

207

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Membership of joint waste authorities

208

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential amendments

209

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint waste authorities in Wales

210

• (1) The Welsh Ministers may by order make provision in relation to Wales applying any provisions of sections 205 to 208 with—

• (a) the substitution for references to the Secretary of State of references to the Welsh Ministers; and

• (b) such other modifications as they consider appropriate.

• (2) An order under this section may include incidental, consequential or supplementary provision, including provision amending or modifying—

• (a) any enactment;

• (b) any instrument made under an enactment.

• (3) The reference in subsection (1) to any provisions of sections 205 to 208 includes a reference to any provisions of Part 17 so far as relating to any of those sections.

Interpretation

211

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 12 — Entities controlled etc by local authorities

Entities controlled etc by local authorities

212

• (1) An order under this section is an order which requires, prohibits or regulates the taking of specified actions by entities connected with a local authority.

• (2) The Secretary of State may make an order under this section in relation to—

• (a) all English local authorities;

• (b) English local authorities of particular descriptions;

• (c) particular English local authorities.

• (3) The Welsh Ministers may make an order under this section in relation to—

• (a) all Welsh local authorities;

• (b) Welsh local authorities of particular descriptions;

• (c) particular Welsh local authorities.

• (4) An order under this section may also include provision which requires, prohibits or regulates—

• (a) the taking of specified actions by a local authority in relation to entities connected with the local authority;

• (b) the taking of specified actions by members or officers of a local authority who are qualifying persons.

• (5) An order under this section may make provision in relation to—

• (a) every entity connected with a local authority;

• (b) such entities of a particular description.

• (6) For the purposes of this section an entity (“E”) is “connected with” a local authority at any time if—

• (a) it is an entity other than the local authority; and

• (b) according to proper practices in force at that time, financial information about E must be included in the local authority's statement of accounts for the financial year in which that time falls.

• (7) In this section—

• “actions” includes courses of action;

• “English local authority” means a local authority in England , and includes a local authority which exercises functions in relation to an area which is partly in England and partly in Wales;

• “entity” means any entity, whether or not a legal person;

• “financial year” means a period for which— a statement of accounts of the local authority must be prepared by reason of section 3 of the Local Audit and Accountability Act 2014, oraccounts of the local authority must be prepared by reason of section 13 of the Public Audit (Wales) Act 2004;

• “local authority” means any body which—is a local authority for the purposes of section 21 of the Local Government Act 2003 (c. 26) (see subsection (6) of that section and section 23 of that Act), apart from a police and crime commissioner but including a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021; and in the case of a body in Wales, is required to prepare statements of accounts by regulations made under section 39 of the Public Audit (Wales) Act 2004;

• “qualifying person” means a person who—is authorised to represent the local authority at meetings of an entity that is connected with the local authority; oris a member or director of such an entity or the holder of any other specified position in relation to such an entity;

• “specified” means specified, or of a description specified, by the order;

• “Welsh local authority” means a local authority in Wales.

Trusts

213

• (1) In this section a “relevant trust” means a trust connected with a local authority.

• (2) An order under section 212 may include provision which requires, prohibits or regulates—

• (a) the taking of specified actions by the trustees of a relevant trust;

• (b) the taking of specified actions by a local authority in relation to the trustees of trusts connected with that local authority;

• (c) the taking of specified actions by a member or officer of a local authority who is a trustee of a trust connected with that local authority.

• (3) Provision included in an order by virtue of this section may relate to—

• (a) the trustees of every relevant trust;

• (b) the trustees of relevant trusts of a particular description.

• (4) For the purposes of this section a trust (“T”) is “connected with” a local authority at any time if, according to proper practices in force at that time, financial information about T must be included in the local authority's statement of accounts for the financial year in which that time falls.

• (5) In this section the following have the same meaning as in section 212—

• “actions”;

• “financial year”;

• “local authority”;

• “specified”.

Further provision about orders

214

• (1) An order under section 212 made by the Welsh Ministers may make provision requiring an entity, a Welsh local authority or trustees to obtain the consent of the Auditor General for Wales before taking any particular actions.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The provision that may be included in an order by virtue of section 212(4)(a) includes in particular provision—

• (a) requiring a local authority to make arrangements for enabling questions about an entity's activities to be put to members or officers of the authority who are qualifying persons;

• (b) prohibiting a local authority from taking action (including refraining from exercising a right) which would have the result that a person of a specified description becomes a qualifying person;

• (c) requiring a local authority to ensure so far as practicable that entities comply with provisions of the order applicable to them.

• (4) The provision that may be included in an order by virtue of section 213(2)(b) includes in particular provision—

• (a) requiring a local authority to make arrangements for enabling questions about a trust connected with the authority to be put to members or officers of the authority who are trustees;

• (b) prohibiting a local authority from taking action (including refraining from exercising a right) which would have the result that a person of a specified description becomes a trustee of a trust connected with the authority;

• (c) requiring a local authority to ensure so far as practicable that trustees comply with provisions of the order applicable to them.

• (5) Nothing in subsections (1) to (4) affects the generality of section 212(1) or (4) or 213(2).

• (6) Where an order under section 212—

• (a) makes provision in relation to entities of a particular description, or

• (b) makes provision in relation to the trustees of trusts of a particular description,

it may provide for any expression used in identifying that description of entity or trust to have the meaning for the time being given by a relevant document identified by the order.

• (7) In subsection (6) “relevant document”—

• (a) means a document that (at the time the power under subsection (6) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 (c. 26) by regulations made under that provision; and

• (b) includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).

• (8) An order under section 212 may include incidental, consequential, transitional or supplementary provision.

• (9) In this section the following have the same meaning as in section 212—

• “actions”;

• “entity”;

• “local authority”;

• “qualifying person”;

• Welsh local authority;

and references to a trust connected with a local authority have the same meaning as in section 213.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemptions from orders

215

• (1) The appropriate authority may give a direction exempting—

• (a) a particular entity, or entities of a particular description, or

• (b) the trustees of a particular trust, or of trusts of a particular description,

from an order under section 212 or specified provisions of such an order.

• (2) A direction under this section may provide for an exemption to have effect—

• (a) for a specified period; or

• (b) subject to specified conditions.

• (3) A direction under this section may be varied or revoked by a subsequent direction of the appropriate authority.

• (4) In this section “the appropriate authority” means—

• (a) in relation to an order made by the Secretary of State, the Secretary of State;

• (b) in relation to an order made by the Welsh Ministers, the Welsh Ministers.

• (5) In this section—

• “entity” has the same meaning as in section 212;

• “specified” means specified by the direction.

Consequential amendments

216

• (1) Omit Part 5 of the Local Government and Housing Act 1989 (c. 42).

• (2) Schedule 14 (other consequential amendments) has effect.

• (3) Subsection (4) applies where by virtue of section 14 of the Interpretation Act 1978 (c. 30) (implied power to amend) any subordinate legislation is amended in consequence of the repeal of Part 5 of the Local Government and Housing Act 1989.

• (4) Any provision inserted or substituted by the amendment may provide for an expression used in such provision to have the meaning for the time being given by a relevant document identified by such provision.

• (5) In subsection (4) “relevant document”—

• (a) means a document that (at the time the power under subsection (4) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 (c. 26) by regulations made under that provision; and

• (b) includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).

Definition of certain terms in amended enactments: England

217

• (1) The Secretary of State may by order under this section—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) define for the purposes of section 80(1)(aa) of the Local Government Act 1972 (c. 70) the reference in that provision to “an entity under the control of” the authority mentioned there;

• (c) define, for the purposes of sections 98(8)(d) and 100(1)(a) of the Local Government, Planning and Land Act 1980 (c. 65), the references in each of those provisions to—

• (i) “an entity under the control of” the body mentioned there;

• (ii) “an entity subject to the influence of” that body; and

• (iii) “an entity jointly controlled by” that body and one or more other bodies;

• (d) define for the purposes of paragraph 7(2) of Schedule 7 to the Environment Act 1995 (c. 25) the reference in that provision to “an entity under the control of” the authority mentioned there;

• (e) define for the purposes of section 18(2)(b) of the Local Government Act 2003 (c. 26) the references in that provision to—

• (i) “an entity under the control of” and “a trust under the control of” an authority or Executive mentioned there;

• (ii) “an entity subject to the influence of” and “a trust subject to the influence of” such an authority or Executive; and

• (iii) “an entity jointly controlled by bodies that include” and “a trust jointly controlled by bodies that include” such an authority or Executive.

• (2) Any reference in subsection (1) to the purposes of a provision of—

• the Local Government Act 1972 (c. 70),

• the Local Government, Planning and Land Act 1980,

• the Environment Act 1995, or

• the Local Government Act 2003,

is a reference to the purposes of that provision as it applies in relation to England.

• (3) An order under this section may provide for any expression used by it to have the meaning for the time being given by a relevant document identified by the order.

• (4) In subsection (3) “relevant document”—

• (a) means a document that (at the time the power under subsection (3) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 by regulations made under that provision; and

• (b) includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).

Definition of certain terms in amended enactments: Wales

218

• (1) The Welsh Ministers may by order under this section—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) define, for the purposes of sections 98(8)(d) and 100(1)(a) of the Local Government, Planning and Land Act 1980, the references in each of those provisions to—

• (i) “an entity under the control of” the body mentioned there;

• (ii) “an entity subject to the influence of” that body; and

• (iii) “an entity jointly controlled by” that body and one or more other bodies;

• (c) define for the purposes of paragraph 7(2) of Schedule 7 to the Environment Act 1995 (c. 25) the reference in that provision to “an entity under the control of” the authority mentioned there;

• (d) define for the purposes of section 18(2)(b) of the Local Government Act 2003 (c. 26) the references in that provision to—

• (i) “an entity under the control of” and “a trust under the control of” an authority mentioned there;

• (ii) “an entity subject to the influence of” and “a trust subject to the influence of” such an authority; and

• (iii) “an entity jointly controlled by bodies that include” and “a trust jointly controlled by bodies that include” such an authority;

• (e) define “an entity under the control of a local authority” for the purposes of section 48(3) of the Public Audit (Wales) Act 2004 (c. 23).

• (2) Any reference in subsection (1) to the purposes of a provision of—

• ...

• the Local Government, Planning and Land Act 1980 (c. 65),

• the Environment Act 1995, or

• the Local Government Act 2003,

is a reference to the purposes of that provision as it applies in relation to Wales.

• (3) An order under this section may provide for any expression used by it to have the meaning for the time being given by a relevant document identified by the order.

• (4) In subsection (3) “relevant document”—

• (a) means a document that (at the time the power under subsection (3) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 by regulations made under that provision; and

• (b) includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).

Part 13 — The Valuation Tribunal for England

Establishment of the Tribunal

219

• (1) Schedule 15 (which establishes the Valuation Tribunal for England, and makes consequential provision) has effect.

• (2) The existing English tribunals are abolished.

• (3) In this Part “existing English tribunals” means the valuation tribunals established in relation to England by regulations under Schedule 11 to the Local Government Finance Act 1988 (c. 41) which are in existence immediately before the transfer of jurisdiction takes place.

• (4) The transfer of jurisdiction is the transfer made by paragraph A2 of Schedule 11 to the Local Government Finance Act 1988 (as inserted by Schedule 15 to this Act).

Consequential and transitional provision etc

220

• (1) Schedule 16 (consequential amendments relating to the creation of the Valuation Tribunal for England) has effect.

• (2) The Secretary of State may by regulations make provision (including transitional, saving or transitory provision)—

• (a) for the purposes of supplementing or giving full effect to this Part; or

• (b) in consequence of this Part.

• (3) The provision that may be made under subsection (2) includes provision—

• (a) for members of the existing English tribunals to become members of the Valuation Tribunal for England;

• (b) to enable the Valuation Tribunal for England to deal with any appeals already made to the existing English tribunals (including provision about which members of the Tribunal are to deal with any such appeal);