Legalize / United Kingdom / Public General Act

Local Government and Public Involvement in Health Act 2007

Type Public General Act

Publication 2007-10-30

Last updated 2024-03-21

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

In Schedule 1 to the Interpretation Act 1978 (words and expressions defined), in the definition of “London borough” for “or Part II of the Local Government Act 1992” substitute “ , Part 2 of the Local Government Act 1992 or Part 1 of the Local Government and Public Involvement in Health Act 2007 ”.

Coroners Act 1988 (c. 13)

15

In section 1 of the Coroners Act 1988 (appointment of coroners)—

(a) in subsection (1)(b), after “1992” insert “ or Part 1 of the Local Government and Public Involvement in Health Act 2007 ”;

(b) in subsection (1A)(e) for “or section 17 of the Regional Assemblies (Preparations) Act 2003” substitute “ , section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007 ”.

Local Government Finance Act 1988 (c. 41)

16

(1) The Local Government Finance Act 1988 is amended as follows.

(2) In section 74(2A) (levies), for “or section 17 of the Regional Assemblies (Preparations) Act 2003” substitute “ , section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007 ”.

(3) In section 89 (collection funds)—

(a) in subsection (2), for “subsection (2A)” substitute “ subsections (2A) to (2C) ”;

(b) after subsection (2B) insert—

(2C) In the case of— (a) a district council or London borough council established by an order under Part 1 of the Local Government and Public Involvement in Health Act 2007, or (b) a county council to which the functions of district councils in relation to the county council's area are transferred by or in consequence of such an order, the collection fund must be established on a date specified in the order or in regulations made under section 14 of that Act.

(4) In section 91 (general funds)—

(a) in subsection (1)(aa) for “or section 17 of the Regional Assemblies (Preparations) Act 2003” substitute “ , section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007 ”;

(b) in subsection (3) for “and (3C)” substitute “ to (3D) ”;

(d) after subsection (3C) insert—

(3D) In the case of— (a) a district council or London borough council established by an order under Part 1 of the Local Government and Public Involvement in Health Act 2007, or (b) a county council to which the functions of district councils in relation to the county council's area are transferred by or in consequence of such an order, the general fund must be established on a date specified in the order or in regulations made under section 14 of that Act.

;

(e) in subsection (8) for “county council such as is referred to in subsection (3B)(b) above” substitute “ relevant county council ”;

(f) after subsection (8) insert—

(9) In subsection (8)— - “relevant county council” means— 1. a county council such as is referred to in subsection (3B)(b) above, or 2. an existing county council to which the functions of district councils in relation to the county council's area are transferred by or in consequence of an order under Part 1 of the Local Government and Public Involvement in Health Act 2007, and - “the reorganisation date” means the date on which the council is required by this section to establish its general fund.

Food Safety Act 1990 (c. 16)

17

In section 27(5) of the Food Safety Act 1990 (appointment of public analysts), omit the words “pursuant to a structural change”.

Environment Act 1995 (c. 25)

18

(1) The Environment Act 1995 is amended as follows.

(2) In section 75(8) (National Parks: powers to make orders), for “Part II of the Local Government Act 1992” substitute “ Part 1 of the Local Government and Public Involvement in Health Act 2007 ”.

(3) In section 79(1) (interpretation of Part 3), in the definition of “public authority”—

(a) omit the words “or residuary body”;

(b) after “1992” insert “ , any residuary body established under section 17 of the Local Government and Public Involvement in Health Act 2007 ”.

Police Act 1996 (c. 16)

19

(1) The Police Act 1996 is amended as follows.

(2) In section 1(2)(a) (police areas), for “or section 17 of the Local Government Act 1992” substitute “ section 17 of the Local Government Act 1992 or Part 1 of the Local Government and Public Involvement in Health Act 2007 ”.

(3) In section 100(1) (chief constables affected by local government reorganisations etc), for “, section 58 of the Local Government Act 1972 or section 17 of the Local Government Act 1992” substitute “ or section 58 of the Local Government Act 1972 ”.

Freedom of Information Act 2000 (c. 36)

20

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in paragraph 23 for “section 22 of the Local Government Act 1992” substitute “ section 17 of the Local Government and Public Involvement in Health Act 2007 ”.

Regional Assemblies (Preparations) Act 2003 (c. 10)

21

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Fire and Rescue Services Act 2004 (c. 21)

22

(1) The Fire and Rescue Services Act 2004 is amended as follows.

(2) In section 2 (power to create combined fire and rescue authorities), in each of subsections (9)(c) and (10)(a), for “Part 2 of the Local Government Act 1992 (c. 19) or section 17 of the Regional Assemblies (Preparations) Act 2003 (c. 10)” substitute “ section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007 ”.

(3) In section 4(7)(b) (combined authorities under the Fire Services Act 1947), for “Part 2 of the Local Government Act 1992 (c. 19) or section 17 of the Regional Assemblies (Preparations) Act 2003 (c. 10)” substitute “ section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007 ”.

SCHEDULE 2

Local Government and Housing Act 1989 (c. 42)

1

Section 9 of the Local Government and Housing Act 1989 (assistants for political groups) is amended as follows.

2

In subsection (11), in paragraph (a) of the definition of “appropriate year”, for “one in relation to which provision for whole council elections has been made by virtue of section 7(4)(a) or 26(2)(a) of the Local Government Act 1972” substitute “ subject to whole council elections by virtue of Chapter 1 of Part 2 of the Local Government and Public Involvement in Health Act 2007 ”.

SCHEDULE 3

Local Government Act 1972 (c. 70)

1

The Local Government Act 1972 is amended as follows.

2

(1) Section 2 (constitution of principal councils in England) is amended as follows.

(2) After subsection (2A) insert—

(2B) In such a case, a reference in this Act to a member of a council is a reference to— (a) the elected mayor of the council, (b) the chairman of the council, or (c) a councillor of the council.

3

(1) Section 3 (chairman) is amended as follows.

(2) In subsection (4A) omit “or a mayor and council manager executive”.

4

(1) Section 21 (constitution of principal councils in Wales) is amended as follows.

(2) After subsection (1A) insert—

(1B) In such a case, a reference in this Act to a member of a council is a reference to— (a) the elected mayor of the council, (b) the chairman of the council, or (c) a councillor of the council.

5

(1) Section 79 (qualifications for election and holding office) is amended as follows.

(2) In subsection (1) omit “, or be qualified to be elected and to be an elected mayor,”.

6

(1) Section 80 (disqualification for election and holding office) is amended as follows.

(2) In subsection (1) in the words before paragraph (a) omit “, and be disqualified for being elected or being an elected mayor,”.

7

(1) Section 100G (principal councils to publish additional information) is amended as follows.

(2) In subsection (1)(a) for the second “and” substitute “ together with, in the case of a councillor, ”.

8

(1) Section 100J (application of Part 5A to new authorities, Common Council, etc) is amended as follows.

(2) In subsection (4)(a)—

(a) for “from “ward” onwards” substitute “ after “together with” ”;

(b) before “name” insert “ the ”.

(3) In subsection (4)(aa)—

(a) for “from “ward” onwards” substitute “ after “together with” ”;

(b) before “name” insert “ the ”.

(4) In subsection (4)(b) for “from “and the ward” onwards” substitute “ after “for the time being” ”.

(5) In subsection (4)(c)—

(a) before “ward” insert “ , in the case of a councillor, the ”;

(b) before “constituent” insert “ the ”.

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

9

(1) Section 249 (honorary aldermen and freemen) is amended as follows.

(2) In subsection (1) for “councillors” substitute “ members ”.

(3) In subsection (2) for “councillor” substitute “ member ”.

10

(1) Section 270 (general provisions as to interpretation) is amended as follows.

(2) In subsection (1) for the definition of “leader and cabinet executive” substitute—

“leader and cabinet executive means”— (a) in relation to England: a leader and cabinet executive (England); (b) in relation to Wales: a leader and cabinet executive (Wales);

(3) In subsection (1) insert the following definitions at the appropriate places—

“leader and cabinet executive (England)” has the same meaning as in Part 2 of the Local Government Act 2000;

;

“leader and cabinet executive (Wales)” has the same meaning as in Part 2 of the Local Government Act 2000;

(4) In subsection (4A) omit “or a mayor and council manager executive”.

11

(1) Schedule 2 (constitution and membership of London borough councils) is amended as follows.

(2) For paragraph 5C substitute—

(5C) (1) The council shall consist of an elected mayor, a chairman and councillors. (2) A reference in this Act to a member of the council is a reference to— (a) the chairman of the council, (b) a councillor of the council, or (c) the elected mayor of the council.

12

(1) Schedule 12 (meetings and proceedings of local authorities) is amended as follows.

(2) In paragraph 5(5) (who presides over meeting of council operating mayoral executive) omit “or a mayor and council manager executive”.

Local Government Act 1974 (c. 7)

13

The Local Government Act 1974 is amended as follows.

14

(1) Section 30 (reports on investigation) is amended as follows.

(2) In subsection (2AB) omit “or mayor and council manager executive”.

15

(1) Section 34 (interpretation of Part 3) is amended as follows.

(2) In the definition of “mayor and cabinet executive” and “mayor and council manager executive” for “and “mayor and council manager executive” have” substitute “ has ”.

Representation of the People Act 1983 (c. 2)

16

The Representation of the People Act 1983 is amended as follows.

17

In section 24 (returning officers: England and Wales) in subsection (1)(dd) omit “or a mayor and council manager executive”.

Local Government Act 1985 (c. 51)

18

The Local Government Act 1985 is amended as follows.

19

(1) Section 35 (disqualification) is amended as follows.

(2) In subsection (4) for “ “executive leader” and “leader and cabinet executive”” substitute “ and executive leader ”.

(3) After subsection (4) insert—

(5) In this section “leader and cabinet executive” means— (a) in relation to England: a leader and cabinet executive (England); (b) in relation to Wales: a leader and cabinet executive (Wales); and for this purpose “leader and cabinet executive (England)” and “leader and cabinet executive (Wales)” have the same meanings as in Part 2 of the Local Government Act 2000.

Local Government Finance Act 1988 (c. 41)

20

The Local Government Finance Act 1988 is amended as follows.

21

(1) Section 111 (interpretation of Part 8) is amended as follows.

(2) In subsection (3A) omit “leader and cabinet executive,”.

(3) After subsection (3A) insert—

(3B) In this Part, “leader and cabinet executive” means— (a) in relation to England: a leader and cabinet executive (England); (b) in relation to Wales: a leader and cabinet executive (Wales); and for this purpose “leader and cabinet executive (England)” and “leader and cabinet executive (Wales)” have the same meanings as in Part 2 of the Local Government Act 2000.

Local Government Act 2000 (c. 22)

22

The Local Government Act 2000 is amended as follows.

23

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24

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26

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27

In section 105 (orders and regulations), in subsection (6) after “32,” insert “ 33O(6), ”.

28

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29

(1) For the heading before paragraph 2 of Schedule 1 substitute— “ Leader and cabinet executives (Wales) ”.

(2) Paragraph 2 is amended as follows.

(3) In sub-paragraph (1) for “leader and cabinet executive” substitute “ leader and cabinet executive (Wales) ”.

(4) In sub-paragraph (4) for “sub-paragraph (2)(a)” substitute “ sub-paragraph (3)(a). ”.

SCHEDULE 4

Part 1 — Old-style leader and cabinet executive

Application of Part

1

This Part applies to a local authority in England if, at the relevant time, the authority is operating an old-style leader and cabinet executive.

Continued operation of existing executive

2

(1) The coming into force of section 62(5) does not prevent the local authority from continuing to operate the old-style leader and cabinet executive until the end of the transitional period.

(2) For as long as the local authority continues to operate the old-style leader and cabinet executive, any enactment amended or repealed by this Part of this Act continues to apply in relation to the local authority, and to the executive and its operation, as if the amendment or repeal had not been made.

Change in form of executive

3

(1) The local authority must make a change in governance arrangements of the kind set out in section 33A of the LGA 2000 (new form of executive).

(2) Sections 33E, 33F, 33G, 33I(2) and 33J of the LGA 2000 apply to a change in governance arrangements required by this paragraph as they apply to a change made under section 33A.

(3) In the application of section 33G by virtue of this paragraph, “relevant elections” has the meaning given in paragraph 5.

(4) Any resolution to make the change in governance arrangements must be passed—

(a) at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b) during the permitted resolution period specified in the second column of the following table in relation to the authority.

Type of local authority	Permitted resolution period
Metropolitan district	The period ending with 31 December 2009
County	The period ending with 31 December 2008
London borough	The period ending with 31 December 2009
Non-metropolitan district	The period ending with 31 December 2010

(5) The Secretary of State may by order provide that a permitted resolution period is to end later than the last day of the period specified in the table.

Failure to change form of executive: automatic change

4

(1) This paragraph applies if the local authority does not make a change in governance arrangements in accordance with paragraph 3.

(2) Before the end of the transitional period, the local authority must draw up and adopt executive arrangements which provide for a leader and cabinet executive (England).

(3) But if it appears to the Secretary of State that the authority will fail to comply with sub-paragraph (2), the Secretary of State may by order specify executive arrangements which provide for a leader and cabinet executive (England).

(4) The leader and cabinet executive (England) which is provided for under sub-paragraph (2) or (3) shall come into operation on the last day of the transitional period.

(5) Arrangements which the Secretary of State specifies under sub-paragraph (3) are to be treated as having been made by the local authority itself.

(6) Arrangements which come into operation in accordance with sub-paragraph (4) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the LGA 2000.

(7) As soon as practicable after executive arrangements are adopted under sub-paragraph (2), or specified under sub-paragraph (3), the local authority must comply with the duties set out in the following provisions of the LGA 2000—

(a) section 29(2)(a);

(b) section 29(2)(b)(ii) to (v).

Interpretation

5

(1) In this Part—

“LGA 2000” means the Local Government Act 2000 (c. 22);

“old-style leader and cabinet executive” means a leader and cabinet executive of the form specified in section 11(3) of the LGA 2000;

“relevant elections” means the first ordinary elections of councillors of the local authority which take place after the end of the permitted resolution period (within the meaning of paragraph 3(4)(b));

“relevant time” means the time immediately before section 62(5) comes into force;

“transitional period” means the period that—starts when section 62(5) comes into force, andends with the third day after the day of the relevant elections.

(2) Expressions used in this Part of this Schedule and in Part 2 of the LGA 2000 have the same meaning in this Part as in that Part.

Part 2 — Mayor and council manager executive

Application of Part

6

This Part applies to a local authority in England if, at the relevant time, the authority is operating a mayor and council manager executive.

Continued operation of existing executive

7

(1) The coming into force of section 62(6) does not prevent the local authority from continuing to operate the mayor and council manager executive.

(2) For as long as the local authority continues to operate the mayor and council manager executive, any enactment amended or repealed by this Part of this Act continues to apply in relation to the local authority, and to the executive and its operation, as if the amendment or repeal had not been made.

Change in form of executive

8

(1) The local authority must make a change in governance arrangements of the kind set out in section 33A of the LGA 2000 (new form of executive).

(2) Sections 33E, 33F, 33I(2) and 33J of the LGA 2000 apply to a change in governance arrangements required by this paragraph as they apply to a change made under section 33A.

9

(1) This paragraph applies if the proposals drawn up in accordance with section 33E provide for a change to a mayor and cabinet executive.

(2) The proposals must specify the day on which the authority is to cease operating the mayor and council manager executive and start operating the mayor and cabinet executive.

(3) The day specified in accordance with sub-paragraph (2) must fall before the day which is expected to be the last day of the relevant mayoral term.

(4) Any resolution to make the change in governance arrangements must be passed —

(a) at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b) on or before 31 December 2008 or such later date as the Secretary of State may by order provide.

(5) The following sub-paragraphs apply if the local authority adopt the mayor and cabinet executive.

(6) On the day specified in accordance with sub-paragraph (2), the local authority must—

(a) cease operating the mayor and council manager executive, and

(b) start operating the mayor and cabinet executive.

(7) The council manager ceases to hold office when the local authority ceases to operate the mayor and council manager executive.

(8) But—

(a) the mayor does not cease to hold office, and

(b) his term of office is not affected,

by virtue of the local authority ceasing to operate the mayor and council manager executive.

(9) Subject to sub-paragraph (6), the local authority must implement the change in governance arrangements in accordance with the timetable in the proposals.

(10) Any arrangements (including any enactment or subordinate legislation) which apply to the election of the mayor of the mayor and council manager executive—

(a) apply to the first election of the mayor of the mayor and cabinet executive as if it were the election of the mayor of the mayor and council manager executive, and

(b) subject to any order under Part 3, apply in the same way to subsequent elections of the mayor of the mayor and cabinet executive.

10

(1) This paragraph applies if the proposals drawn up in accordance with section 33E provide for a change to a leader and cabinet executive (England).

(2) Section 33K(2), (3), (5) and (6) of the LGA 2000 apply to the change as they would if the change were, by virtue of section 33M of the LGA 2000, subject to approval in a referendum.

(3) Any resolution to make the change in governance arrangements must be passed on or before the earlier of these days—

(a) the last day of the period of 28 days that begins with the day when the referendum is held;

(b) 31 December 2008, or such later date as the Secretary of State may by order provide.

(4) Section 45(1) of the LGA 2000 does not prevent a referendum from being held in accordance with section 33K of the LGA 2000 as applied by sub-paragraph (2).

(5) The proposals must provide for the local authority to cease operating the mayor and council manager executive and start operating the leader and cabinet executive (England) on the day which is expected to be the last day of the relevant mayoral term.

(6) The following sub-paragraphs apply if the local authority adopt the leader and cabinet executive (England).

(7) On the day specified in accordance with sub-paragraph (5), the local authority must—

(a) cease operating the mayor and council manager executive, and

(b) start operating the leader and cabinet executive (England).

(8) Subject to sub-paragraph (7), the local authority must implement the change in governance arrangements in accordance with the timetable in the proposals.

(9) If the local authority has held its annual meeting in 2009 before changing to the leader and cabinet executive (England), the authority must hold a meeting within the 21 days following the day on which it changes to that form of executive.

(10) For the purposes of section 44B of the LGA 2000, that meeting is to be treated as a relevant annual meeting.

Failure to change form of executive: automatic change

11

(1) This paragraph applies if the local authority does not make a change in its executive arrangements in accordance with paragraph 8.

(2) Before the end of the transitional period, the local authority must draw up and adopt executive arrangements which provide for a mayor and cabinet executive.

(3) But if it appears to the Secretary of State that the authority will fail to comply with sub-paragraph (2), the Secretary of State may by order specify executive arrangements which provide for a mayor and cabinet executive.

(4) The mayor and cabinet executive which is provided for under sub-paragraph (2) or (3) shall come into operation on the last day of the transitional period.

(5) Arrangements which the Secretary of State specifies under sub-paragraph (3) are to be treated as having been made by the local authority itself.

(6) Arrangements which come into operation in accordance with sub-paragraph (4) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the LGA 2000.

(7) As soon as practicable after executive arrangements are adopted under sub-paragraph (2), or specified under sub-paragraph (3), the local authority must comply with the duties set out in the following provisions of the LGA 2000—

(a) section 29(2)(a);

(b) section 29(2)(b)(ii) to (v).

Interpretation

12

(1) In this Part—

“LGA 2000” means the Local Government Act 2000 (c. 22);

“relevant election day” means the day in 2009 on which an ordinary election of a mayor would take place if the local authority continued to operate a mayor and council manager executive;

“relevant mayoral term”, in relation to proposals, means the term of office of the person who is mayor when the proposals are drawn up;

“relevant time” means the time immediately before section 62(6) comes into force;

“transitional period” means the period that—starts when section 62(6) comes into force, andends with the third day after the relevant election day.

(2) Expressions used in this Part of this Schedule and in Part 2 of the LGA 2000 have the same meaning in this Part as in that Part.

Part 3 — Other transitional provision

13

(1) The Secretary of State may by order make transitional, saving or transitory provision for the purposes of—

(a) supplementing or giving full effect to Part 3 of this Act; or

(b) making provision consequential on the passing of Part 3 of this Act.

(2) An order under sub-paragraph (1) may, in particular, make—

(a) provision as to the dates on which and years in which relevant elections may or must be held;

(b) provision as to the intervals between relevant elections;

(d) provision as to when sections 33A to 33D of the LGA 2000 are to begin to apply in relation to a local authority;

(e) provision as to when section 39(6) and (7) of the LGA 2000 are to begin to apply in relation to a local authority.

(3) An order under sub-paragraph (1) may, in particular, make provision to supplement any provision made in Part 1 or 2 of this Schedule.

(4) An order under sub-paragraph (1) may not make provision of the kind that may be made under section 243.

(5) In this paragraph “relevant election” means—

(a) an election for the return of an elected mayor;

(b) the election by a local authority of the executive leader of a leader and cabinet executive (England).

SCHEDULE 5

1

The Local Government Act 1972 (c. 70) is amended in accordance with paragraphs 2 to 9.

2

(1) Section 9 (parish meetings and councils) is amended as follows.

(2) In subsection (4) for “section 14 of the Local Government and Rating Act 1997” substitute “ section 86 of the Local Government and Public Involvement in Health Act 2007 ”.

(3) In subsection (6)—

(a) for “section 16 of the Local Government and Rating Act 1997” substitute “ section 86 of the Local Government and Public Involvement in Health Act 2007 ”;

(b) for “section 16 of the Act of 1997” substitute “ section 86 of the 2007 Act ”.

3

(1) Section 10 (power to dissolve parish councils in small parishes) is amended as follows.

(2) In subsection (1) after “district council” in each place insert or “ London borough council ”.

4

(1) Section 11 (orders for grouping parishes etc) is amended as follows.

(2) In subsection (1)—

(a) after “district council” in each place insert “ or London borough council ”;

(b) after “same district” insert “ or London borough ”.

(3) In subsection (3), for paragraph (b) substitute—

(b) the electoral arrangements that are to apply to the council;

(4) After subsection (3) insert—

(3A) In this section “electoral arrangements”, in relation to a council, means all of the following— (a) the year in which ordinary elections of councillors are to be held; (b) the number of councillors to be elected to the council by each parish; (c) the division (or not) of any of the parishes, into wards for the purpose of electing councillors; (d) the number and boundaries of any such wards; (e) the number of councillors to be elected for any such ward; (f) the name of any such ward.

(5) In subsection (4) after “district council” in each place insert “ or London borough council ”.

(6) In subsection (5) for “section 16 of the Local Government and Rating Act 1997” in each place substitute “ section 86 of the Local Government and Public Involvement in Health Act 2007 ”.

5

(1) Section 12 (provision supplementary to sections 9 to 11) is amended as follows.

(2) In subsection (1)—

(a) after “district councils” in the first place insert “ or by a London borough council ”;

(b) after “district councils” in the second place insert “ or the London borough council ”.

6

(1) Section 16 (parish councillors) is amended as follows.

(2) In subsection (1), after “each parish” insert “ council ”.

(3) In subsection (2), at the end insert “ and relevant electoral arrangements ”.

(4) After subsection (2) insert—

(2A) In their application to the election of parish councillors, this Act and Part 1 of the Representation of the People Act 1983 (c. 2) are subject to the relevant electoral arrangements that apply to the election. (2B) For the purposes of this section “relevant electoral arrangements” means— (a) any arrangements about the election of councillors that are made in, or applicable by virtue of, provision made by virtue of section 245(6)(b) of the Local Government and Public Involvement in Health Act 2007 (transitional, saving or transitory provision), and (b) any electoral arrangements applicable to the council by virtue of an order under section 7 or 10 or an order under section 86 of the Local Government and Public Involvement in Health Act 2007.

7

(1) Section 137 (power of local authorities to incur expenditure for certain purposes) is amended as follows.

(2) In subsection (9) for “means a parish or community council” substitute

means— (a) a parish council which is not an eligible parish council for the purposes of Part 1 of the Local Government Act 2000, or (b) a community council

8

(1) Section 245 (status of certain districts, parishes and communities) is amended as follows.

(2) After subsection (7) insert—

(7A) A resolution under subsection (6) shall cease to have effect if the parish has an alternative style (within the meaning of section 17A) by virtue of any of the following— (a) an order under section 11; (b) a resolution under section 12A; (c) an order under section 86 of the Local Government and Public Involvement in Health Act 2007.

9

(1) Schedule 3 (establishment of new authorities in England) is amended as follows.

(2) In paragraph 10(1), (2) and (3) (parish councillors) for “Part II of the Local Government and Rating Act 1997” substitute “ Part 1 or 4 of the Local Government and Public Involvement in Health Act 2007 ”.

10

(1) The Local Government and Rating Act 1997 (c. 29) is amended as follows.

(2) Omit Part 2.

SCHEDULE 6

Public Health Acts Amendment Act 1907 (c. 53)

1

In subsection (4) of section 82 of the Public Health Acts Amendment Act 1907 (byelaws relating to the seashore), omit from “Provided” to the end of the subsection.

Public Health Act 1936 (c. 49)

2

In section 231(1) of the Public Health Act 1936 (byelaws with respect to public bathing)—

(a) in paragraph (b), omit “bathing-machines may be stationed, or”,

(b) in paragraph (c), omit “bathing-machines,”,

Public Health (Control of Disease) Act 1984 (c. 22)

3

Omit subsections (2) and (3) of section 56 of the Public Health (Control of Disease) Act 1984 (byelaws for preventing disease by the occupants or users of tents, vans, etc).

Police Reform Act 2002 (c. 30)

4

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

(2) In paragraph 1(3)(a) of Schedule 5 to that Act (definition of “relevant fixed penalty offence”) for “sub-paragraph (2)(a) to (c)” substitute “ sub-paragraph (2)(a) to (d) ”.

SCHEDULE 7

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

1

In section 2(1) of the Local Government, Planning and Land Act 1980 (duty of authorities to publish information) after paragraph (b) insert—

(ba) a parish council; (bb) a parish meeting of a parish which does not have a separate parish council; (bc) a community council;

Local Government Act 1999 (c. 27)

2

(1) The Local Government Act 1999 is amended as follows.

(2) Before section 19 insert— “ Exclusion of non-commercial considerations ”.

(3) In section 19 (exclusion of non-commercial considerations for the purposes of section 17 of the Local Government Act 1988)—

(a) in subsection (1)(a) and (b), for “best value authorities” substitute “ relevant authorities ”;

(b) in subsections (1)(c) and (4), for “best value authority” substitute “ relevant authority ”;

(5) In this section, “relevant authority” means— (a) a best value authority, (b) a parish council, or (c) a community council.

(4) After section 19 insert— “ Publication of information ”.

(5) In section 26(2)(a) (guidance), omit “best value”.

Local Government Act 2003 (c. 26)

3

(1) The Local Government Act 2003 is amended as follows.

(2) Omit sections 34 and 35 (best value grants to parishes and communities).

(3) In section 93 (power to charge for discretionary services)—

(a) in subsections (1), (5) and (6), for “best value authority” substitute “ relevant authority ”;

(b) after subsection (8) insert—

(9) In this section, “relevant authority” means— (a) a best value authority; (b) a parish council; (c) a parish meeting of a parish which does not have a separate parish council; or (d) a community council.

(4) In section 94 (power to disapply section 93(1))—

(a) in subsections (1)(a) and (b)(iii) for “best value authority” substitute “ relevant authority ”;

(b) in subsections (1)(a) and (b)(i) and (ii) for “best value authorities” substitute “ relevant authorities ”;

(3) In this section, “relevant authority” has the meaning given in section 93.

(5) In section 95 (power to trade in function-related activities through a company)—

(a) in subsections (1)(a) and (3)(a) (in both places) for “best value authorities” substitute “ relevant authorities ”;

(b) in subsections (2), (3)(a) and (5) and in the definition of “ordinary functions” in subsection (7), for “best value authority” substitute “ relevant authority ”;

(d) in that subsection, at the end insert—

“police authority” means— (a) a police authority established under section 3 of the Police Act 1996; (b) the Common Council of the City of London in its capacity as a police authority; or (c) the Metropolitan Police Authority; “relevant authority” means— (a) a best value authority, other than a police authority or the London Development Agency; (b) a parish council; (c) a parish meeting of a parish which does not have a separate parish council; or (d) a community council.

(6) In section 96 (regulation of trading powers)—

(a) in subsections (1), (2) and (3)(c) for “best value authority” substitute “ relevant authority ”;

(b) in subsection (3)(a) and (b) for “best value authorities” substitute “ relevant authorities ”;

(4) In this section, “relevant authority” has the meaning given in section 95.

(7) In section 97 (power to modify enactments in connection with charging or trading)—

(a) in subsections (1) and (4)(a) and (b) for “best value authorities” substitute “ relevant authorities ”;

(b) in subsections (2), (4)(c), (6) and (11) (in the definition of “discretionary service” and “ordinary functions”) for “best value authority” substitute “ relevant authority ”;

“relevant authority” means— (a) a best value authority; (b) a parish council; (c) a parish meeting of a parish which does not have a separate parish council; or (d) a community council.

(8) In section 98 (procedure for orders under section 97)—

(a) in subsection (1)(a) for “best value authorities” substitute “ relevant authorities ”;

(b) after subsection (7) insert—

(8) In this section, “relevant authority” has the meaning given in section 97.

(9) In section 101 (staff transfer matters: general)—

(a) in subsections (1) and (3) for “a best value authority (in Scotland, a relevant authority)” substitute “ a relevant authority ”;

(b) in subsection (6)(a)(i) for “all best value authorities (or, as the case may be, relevant authorities)” substitute “ all relevant authorities ”;

(7A) In this section, in relation to England and Wales, “relevant authority” means— (a) a best value authority; (b) a parish council; (c) a parish meeting of a parish which does not have a separate parish council; or (d) a community council.

(d) in subsection (8)—

(i) after “In this section” insert “ , in relation to Scotland ”;

(ii) in the definition of “appropriate person” omit “, in relation to Scotland,”.

(10) In section 102 (staff transfer matters: pensions) after subsection (7) insert—

(7A) In this section, in relation to England, “local authority” means— (a) a county council in England, a district council, a London borough council, a parish council or a parish meeting of a parish which does not have a separate parish council; (b) the Council of the Isles of Scilly; (c) the Common Council of the City of London in its capacity as a local authority; and (d) the Greater London Authority so far as it exercises its functions through the Mayor. (7B) In this section, in relation to Wales, “local authority” means a county council, county borough council or community council in Wales.

(11) In section 102(8) (definitions)—

(a) after “in this section” insert “ , in relation to Scotland ”;

(b) in the definition of “appropriate person”, omit “in relation to Scotland,”;

(i) omit paragraph (a);

(ii) in paragraph (b), omit “in relation to Scotland,”;

(d) after the definition of “local authority” insert—

(9) In this section,

SCHEDULE 8

Part 1 — Part 1 of Local Government Act 1999

1

Part 1 of the Local Government Act 1999 (c. 27) (best value authorities) is amended in accordance with this Part of this Schedule.

2

(1) Section 1 (best value authorities) is amended as follows.

(2) In subsection (1)—

(a) for paragraph (a) substitute—

(a) an English local authority;

;

(b) in paragraph (b), at the end insert “ for a National Park in England ”;

(d) for paragraph (g) substitute—

(g) an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);

;

(e) after paragraph (j) insert—

(k) a Welsh best value authority.

(3) In subsection (2) (definition of local authority in relation to England)—

(a) for the words preceding paragraph (a) substitute “ In this section, “English local authority” means ”;

(b) in paragraph (a), after “a county council” insert “ in England ”.

(4) Omit subsection (3) (definition of local authority in relation to Wales).

(5) In subsection (4) (definition of police authorities), for “In this section” substitute “ In this Part ”.

(6) Omit subsection (5) (definition of waste disposal authorities).

(7) Omit subsection (8) (exclusion of police authorities from certain provisions).

3

(1) Section 2 (power to extend or disapply) is amended as follows.

(2) In the title, at the end insert “ : Secretary of State ”.

(3) In subsection (2)—

(a) in paragraph (b), at the end insert “ in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in England ”;

(b) in paragraph (c), at the end insert “ and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in England ”.

(4) Omit subsection (3) (power to apply section 7 with modifications).

(5) In subsection (5), for the words from “to a duty” to the end substitute “ to the duty in section 3. ”

(6) After subsection (5) insert—

(5A) Subsection (5) does not apply in relation to a Welsh best value authority.

4

(1) Section 2A (power of National Assembly for Wales to extend or disapply best value duties) is amended as follows.

(2) In the title, for “best value authorities in Wales” substitute “ Welsh Ministers ”.

(3) In subsections (1) and (4), for “National Assembly for Wales” substitute “ Welsh Ministers ”;

(4) In subsections (1), (3) and (4) for “best value authority in Wales” substitute “ Welsh best value authority ”.

(5) In subsection (2)—

(a) in paragraph (a), at the end insert “ in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in Wales ”;

(b) in paragraph (b), at the end insert “ and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in Wales ”.

5

For the heading immediately preceding section 3 substitute “ Duties: general ”.

6

(1) Section 4 (performance indicators and standards) is amended as follows.

(2) In subsections (1), (3) and (4) for “Secretary of State” substitute “ Welsh Ministers ”.

(3) In subsection (3)—

(a) in paragraph (a), for “him” substitute “ them ”;

(b) in paragraph (b) for “he thinks” substitute “ they think ”.

(4) In subsection (4)(b)—

(a) for “him” substitute “ them ”;

(b) for “relevant audit authority” substitute “ Auditor General for Wales ”.

(5) Omit subsection (6) (definition of relevant audit authority).

7

In section 6 (best value performance plans), in subsections (2), (3)(b) and (4) for “Secretary of State” substitute “ Welsh Ministers ”.

8

In the heading immediately before section 7, at the end insert “ : Welsh best value authorities ”.

9

(1) Section 7 (audit of best value performance plans) is amended as follows.

(2) In subsection (1), for “best value authority” substitute “ Welsh best value authority ”.

(3) Omit subsection (3) (auditors appointed by the Audit Commission).

(4) In subsection (3A), omit “If an authority's auditor is appointed by the Auditor General for Wales,”.

(5) In subsection (4)—

(a) omit paragraph (e);

(b) in paragraph (ea), omit “if the auditor is appointed by the Auditor General for Wales,”;

(6) In subsection (5)—

(a) omit paragraph (b);

(b) in paragraph (ba), omit “if the auditor is appointed by the Auditor General for Wales,”;

(7) In subsection (6)(b) for “Secretary of State” substitute “ Welsh Ministers ”.

(8) In subsection (7), omit “, (3)”.

(9) In subsection (8)—

(a) omit paragraph (a);

(b) in paragraph (aa), omit “if he was appointed by the Auditor General for Wales,”;

(10) In subsection (8A)—

(a) in paragraph (a), omit “, if the authority is a best value authority in Wales”;

(b) omit paragraph (b).

(11) Omit subsection (9) (application of section 3 of Audit Commission Act 1998 where auditor appointed by the Audit Commission).

10

Omit section 8 (Audit Commission's code of practice and fees).

11

In section 8A(5)—

(a) in paragraph (a), for “Assembly” substitute “ Welsh Ministers ”;

(b) in paragraph (b), for “best value authorities in Wales” substitute “ Welsh best value authorities ”.

12

In section 8B (auditor's duty in relation to codes) omit—

(a) subsection (1) (auditors appointed by Audit Commission); and

(b) subsections (3) and (4) (transitional provision).

13

In section 9 (response to audit)—

(a) in subsections (1) and (2) for “best value authority” substitute “ Welsh best value authority ”;

(b) in subsection (6) (in both places) for “Secretary of State” substitute “ Welsh Ministers ”.

14

(1) Section 10 (best value inspections by Audit Commission) is amended as follows.

(2) In subsection (4), omit paragraph (a).

(3) In subsection (5), for “a best value authority in Wales” substitute

— (a) a Welsh best value authority, or (b) a police authority for a police area in Wales.

15

(1) Section 10A (best value inspections by Auditor General for Wales) is amended as follows.

(2) In subsection (1) for “a best value authority in Wales” substitute

— (a) a Welsh best value authority, or (b) a police authority for a police area in Wales.

(3) In subsection (2) for “specified best value authority in Wales” substitute “ specified authority mentioned in subsection (1) ”.

16

In section 11 (inspectors' powers and duties), in subsection (4)(b) omit “must”.

17

In section 12A(4)(b) (consultation about fees for inspections by Auditor General for Wales) for “best value authorities in Wales” substitute “ best value authorities which may be inspected under section 10A ”.

18

In section 13 (reports by Audit Commission) omit subsection (5) (performance plans to record failure to comply with Part 1).

19

In section 13A (reports by Auditor General for Wales), in subsection (5) (performance plans to record failure to comply with Part 1), for “an authority” substitute “ a Welsh best value authority ”.

20

In section 15(2) (Secretary of State's powers)—

(a) for the words from “direct it” to the end of paragraph (b) substitute—

(aa) in the case of a Welsh best value authority, direct it to prepare or amend a performance plan or to follow specified procedures in relation to a performance plan;

;

(b) in paragraph (c), at the beginning insert “ in the case of any best value authority, direct it ”.

21

(1) Section 23 (accounts) is amended as follows.

(2) In subsection (4), in paragraph (za), for “best value authorities in Wales” substitute “ Welsh best value authorities or police authorities for police areas in Wales ”.

(3) In subsection (6), omit “(within the meaning of section 7)”.

(4) After subsection (6) insert—

(7) In subsection (6), “auditor” means an auditor appointed by the Audit Commission or the Auditor General for Wales to audit the best value authority's accounts.

22

(1) Section 29 (modification for Wales) is amended as follows.

(2) For subsections (1) and (2) substitute—

(1) This section has effect for the purposes of the application of this Part in relation to Wales, except in so far as it relates to a police authority for a police area in Wales. (1A) For each reference to the Secretary of State in sections 3, 10A, 12A, 13A, 15, 19, 23, 25 and 26 there shall be substituted a reference to the Welsh Ministers.

(3) In subsection (4)—

(a) omit “to Wales”;

(b) for “National Assembly for Wales” and “Assembly” substitute “ Welsh Ministers ”.

(4) After subsection (4) insert—

(5) In section 19(3) and (3A) for each reference to each House, or either House, of Parliament there shall be substituted a reference to the National Assembly for Wales. (6) In section 28(2), for the reference to either House of Parliament there shall be substituted a reference to the National Assembly for Wales.

Part 2 — Other minor and consequential amendments

Housing Associations Act 1985 (c. 69)

23

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

Railways and Transport Safety Act 2003 (c. 20)

24

In section 54 of the Railways and Transport Safety Act 2003 (performance directions), for subsection (1) substitute—

(1) The Secretary of State may give a direction to the Authority— (a) specifying factors (“performance indicators”) by reference to which the Authority's performance in exercising functions can be measured; (b) specifying standards (“performance standards”) to be met by the Authority in relation to performance indicators specified under paragraph (a). (1A) In specifying performance indicators and performance standards, and in deciding whether to do so, the Secretary of State shall aim to promote improvement of the way in which the functions of the Authority are exercised, having regard to a combination of economy, efficiency and effectiveness. (1B) A direction under subsection (1) may specify different performance indicators or performance standards— (a) for different functions; (b) to apply at different times. (1C) The Secretary of State may give a direction to the Authority requiring the Authority to— (a) specify performance indicators in relation to functions; (b) set targets for the performance of functions (“performance targets”) by reference to performance indicators specified under paragraph (a) or subsection (1)(a); (c) set a plan of action to be taken for the purposes of meeting a performance target.

Local Government Act 2003 (c. 26)

25

(1) The Local Government Act 2003 is amended as follows.

(2) In section 36(1) (grants in connection with designation for service excellence), for “subject to any of the duties in sections 3 to 6 of the Local Government Act 1999 (best value duties)” substitute “ which, in relation to any of its functions, is subject to the duty in section 3(1) of the Local Government Act 1999 (best value duty) ”.

(3) In section 98(2) (procedure for orders under section 97), for “relate to best value authorities in Wales” (in each place) substitute “ include provision which has effect in relation to Wales ”.

(4) In section 101 (staff transfer matters: general), for subsection (7) substitute—

(7) For the purposes of this section, the Secretary of State is the “appropriate person” in relation to a police authority for a police area in Wales.

Fire and Rescue Services Act 2004 (c. 21)

26

(1) Section 24 of the Fire and Rescue Services Act 2004 (inspection of compliance with obligation to have regard to Fire and Rescue National Framework) is amended as follows.

(2) In subsection (1), for “13” substitute “ 13A ”.

(3) In subsection (2), for “section 13(2)(b) and (4)” substitute “ sections 13(2)(b) and (4) and 13A(2)(b) and (4) ”.

Public Audit (Wales) Act 2004 (c. 23)

27

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

SCHEDULE 9

Amendment of references to the current name of the Commission

1

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

Amendment of references to the old name of the Commission

2

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

Repeal of provision in the Audit Commission Act 1998 (c. 18) relating to the previous change of name of the Commission

3

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

SCHEDULE 10

Transfer of staff

1

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

2

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

3

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

4

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

Property, rights and liabilities etc.

5

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

SCHEDULE 11

SCHEDULE 12

Part 1 — Amendments of Part 3 of Local Government Act 1974

1

Part 3 of the Local Government Act 1974 (c. 7) (Commission for Local Administration in England) is amended in accordance with this Part of this Schedule.

2

In section 23(12) (three-yearly reviews by the Commission), for “complaints” substitute “ matters ”.

3

(1) Section 26 (matters subject to investigation) is amended as follows.

(2) In subsection (5)—

(a) for “a complaint” substitute “ a matter ”;

(b) in paragraph (a)—

(i) for “the complaint has” substitute “ the matter has ”;

(ii) for “the person aggrieved” substitute “ the person affected ”;

(iii) for “the complaint relates” substitute “ it relates ”;

(iv) for “to investigate, and reply to, the complaint” substitute “ to investigate the matter and to respond ”;

(i) for “the complaint to be” substitute “ the matter to be ”;

(ii) for “to investigate, and reply to, the complaint” substitute “ to investigate the matter and to respond ”.

(3) In subsection (6), for “person aggrieved” (in each place) substitute “ person affected ”.

(4) In subsection (6A), for “any action taken in connection with the discharge by an authority” substitute “ any action taken by or on behalf of an authority in the exercise ”.

(5) In subsection (7), in paragraphs (aa), (a) (in both places) and (ba), for “complaint” substitute “ matter ”.

(6) Omit subsection (10) (Local Commissioners' discretion to investigate matters etc).

(7) In subsection (11)—

(a) in paragraph (a), for “person aggrieved” substitute “ person affected ”;

(b) omit paragraph (b).

(8) Omit subsections (12) and (13) (restrictions on investigating matters arising before specified dates).

4

(1) Section 28 (payments to complainants and persons assisting with investigations) is amended as follows.

(2) In subsection (1)—

(a) for “conduct an investigation pursuant to a complaint” substitute “ investigate a matter under this Part of this Act ”;

(b) after “who is alleged in the complaint” insert “ (if any), or who otherwise appears to the Local Commissioner, ”;

(d) for “any allegations contained in the complaint” substitute “ the matter ”.

(3) In subsection (2), for “such investigation” substitute “ investigation under this Part of this Act ”.

(4) In subsection (3)—

(a) after “the complaint” insert “ (if any) ”;

(b) omit the words following paragraph (b).

(5) In subsection (4)—

(a) after “the authority concerned” insert “ or any other person ”;

(b) for “that authority” substitute “ the authority concerned or any other person ”.

5

(1) Section 29 (further provisions about investigations) is amended as follows.

(2) In subsection (6), omit “with the approval of the Minister for the Civil Service”.

(3) In subsection (8), for “or any officer of the Commission assisting in the performance” substitute “ or any person discharging or assisting in the discharge ”.

6

(1) Section 31A (consideration of adverse reports) is amended as follows.

(2) For subsections (1) to (2A) substitute—

(1A) Where a further report of a Local Commissioner under section 31(2A) is considered by a person other than the appropriate listed authority and it is proposed that— (a) no action should be taken on the report, or (b) the action recommended in the report should not be taken, consideration of the report shall be referred to that authority. (1B) For the purposes of subsection (1A)— (a) “listed authority” means an authority mentioned in section 25(1) or specified in an order under subsection 25(2) (but does not include a person mentioned in section 25(4) to (5)), and (b) a listed authority is the appropriate listed authority in relation to a further report if the report relates to the authority (or to any person with which the authority is connected for the purposes of this Part of this Act by virtue of section 25(4) to (5)). (1C) Subsection (1A) has effect subject to subsection (3).

(3) In subsection (3)—

(a) for “subsections (1) and (2)” substitute “ subsection (1A) ”;

(b) in paragraph (a), for “the said section 101, or” substitute “ section 101 of the Local Government Act 1972, ”;

(b) a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966, or (c) an admission appeal panel or exclusion appeal panel mentioned in section 25(5)(c) or (e), and the report is considered by that committee or panel.

(4) In subsection (5), for the words from the beginning to “shall vote” substitute “ No individual shall decide or vote ”.

(5) Omit subsections (5A) and (6).

(6) In subsection (7)—

(a) omit “Where the authority concerned is the Greater London Authority,”;

(b) for “the Authority” substitute “ the Greater London Authority ”;

(c) for “the authority concerned (other than references to a member of the authority concerned)” substitute “ an authority ”.

7

(1) Section 32 (law of defamation and disclosure of information) is amended as follows.

(2) In subsection (1)(a), for “any officer of the Commission” substitute “ any person discharging or assisting in the discharge of a function of a Local Commissioner ”.

(3) In subsection (1)(b)—

(a) for “any officer of the Commission” substitute “ any person discharging or assisting in the discharge of a function of a Local Commissioner ”;

(b) after “a complainant” insert “ , or with the person affected in relation to a matter, ”.

(4) In subsection (1)(ba), for “any officer of the Commission,” substitute “ any person discharging or assisting in the discharge of a function of a Local Commissioner ”.

(5) In subsection (1)(d), for “section 24” substitute “ section 23A ”.

(6) After subsection (1)(e) insert—

(f) the publication of any matter by inclusion in a report, statement or summary published or supplied under section 31B.

(7) In subsection (2)—

(a) for “any officer of the Commission” substitute “ any person discharging or assisting in the discharge of a function of a Local Commissioner ”;

(b) in paragraph (a), for “report to be made under section 30 or 31” insert “ report, statement or summary under section 30, 31 or 31B ”;

(c) in paragraph (b), for “an officer of the Commission” substitute “ a person discharging or assisting in the discharge of a function of Local Commissioner ”;

(d) in the words following paragraph (c), for “the officers of the Commission” substitute “ persons discharging or assisting in the discharge of a function of a Local Commissioner ”.

(8) In subsection (3)—

(a) for “any of the authorities mentioned in section 25(1) above” substitute “ any of the authorities to which this Part of this Act applies ”;

(b) for “any member of the staff of the Commission who is allocated to assist him” substitute “ any person discharging or assisting in the discharge of a function of a Local Commissioner ”.

(9) After subsection (3A) (inserted by section 178) insert—

(3B) Section 25(4), (4A) and (5) do not apply for the purpose of subsection (3).

8

(1) Section 33 (consultation with other Commissioners etc) is amended as follows.

(2) In subsection (1)—

(a) for “the complaint relates partly to” substitute “ the matters which are the subject of the investigation include ”;

(b) for “about the complaint and” substitute “ about the matter and, where a complaint was made about the matter, he shall ”.

(3) In subsection (2)—

(a) for “a complaint under this Part of this Act” substitute “ a matter under investigation under this Part of this Act ”;

(b) for “any matter relating to the complaint” substitute “ anything relating to the matter ”;

9

(1) Section 33ZA (collaborative working between Local Commissioners and other Commissioners) is amended as follows.

(2) In subsection (1), for “the complaint relates partly to” substitute “ the matters which are the subject of the investigation include ”.

(3) In subsection (2)—

(a) for “the person aggrieved” substitute “ the person affected ”;

(b) for “any person acting on his behalf in accordance with subsection (2) of section 27 of this Act” substitute “ the complainant (if any) ”.

(4) In subsection (4), omit “of a complaint”.

10

In section 34(1) (interpretation of Part)—

(a) in the definition of “member”, omit paragraphs (b) and (c);

(b) for the definition of “person aggrieved” substitute—

“person affected”— (a) in relation to a matter which is the subject of a complaint made or to be made under this Part of this Act, means the member of the public who claims or is alleged to have sustained injustice in consequence of the matter, and (b) in relation to a matter coming to the attention of a Local Commissioner to which section 26D applies, means the member of the public who the Local Commissioner considers has, or may have, sustained injustice in consequence of the matter;

11

(1) Schedule 4 (the Commission) is amended as follows.

(2) In paragraph 3 (remuneration etc of Commissioners and their officers)—

(a) in sub-paragraph (1) omit “, with the approval of the Minister for the Civil Service,”;

(b) in sub-paragraph (2) omit “, with the consent of the Minister for the Civil Service,”.

(3) In paragraph 4 (staff and accommodation)—

(a) in sub-paragraph (2), for “complaints” substitute “ matters ”;

(b) omit sub-paragraphs (5) and (6).

12

In Schedule 5 (matters not subject to investigation), in paragraphs 2, 6, 7 and 8, after “taken by” insert “ or on behalf of ”.

Part 2 — Other amendments

Parliamentary Commissioner Act 1967 (c. 13)

13

(1) The Parliamentary Commissioner Act 1967 is amended as follows.

(2) In section 3(2A) (administrative provisions) for “any officer or member of staff of the Commission for Local Administration in England” substitute “ any person discharging or assisting in the discharge of a function of a Local Commissioner, but only if the person is ”.

(3) In section 11 (provision for secrecy of information), in subsection (2)(aa) for “a complaint” substitute “ a matter ”.

(4) In section 11ZAA (collaborative working between Parliamentary Commissioner and other Commissioners)—

(a) in subsection (3)—

(i) for “a complaint which is being investigated” substitute “ matters which are the subject of an investigation ”;

(ii) for “relates partly to” substitute “ include ”;

(iii) after “investigation” insert “ of that matter ”;

(b) in subsection (4)—

(i) for “a complaint” substitute “ a matter ”;

(ii) for “the complaint” substitute “ a complaint about the matter ”;

Local Government and Housing Act 1989 (c. 42)

14

(1) The Local Government and Housing Act 1989 is amended as follows.

(2) In section 5 (reports of monitoring officer), in subsection (2)—

(a) after paragraph (a) insert—

(aa) any such maladministration or failure as is mentioned in Part 3 of the Local Government Act 1974 (Local Commissioners), or

;

(b) in paragraph (b), omit “Part III of the Local Government Act 1974 (Local Commissioners) or”.

(3) In section 5A (reports of monitoring officer_local authorities operating executive arrangements), in subsection (3)(b), for “injustice” substitute “ failure ”.

Health Service Commissioners Act 1993 (c. 46)

15

(1) The Health Service Commissioners Act 1993 is amended as follows.

(2) In section 15 (confidentiality of information), in subsection (1)(aa) for “a complaint” substitute “ a matter ”.

(3) In section 18ZA (collaborative working between the Commissioner and other Commissioners)—

(a) in subsection (3)—

(i) for “a complaint which is being investigated” substitute “ matters which are the subject of an investigation ”;

(ii) for “relates partly to” substitute “ include ”;

(iii) after “investigation” insert “ of that matter ”;

(b) in subsection (4), omit “of a complaint”;

(c) in subsection (5), 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 ”.

(4) In Schedule 1 (the English Commissioner), in paragraph 12A—

(a) after “performed by” insert

— (a)

;

(b) for “the Commission for Local Administration in England” substitute—

(b) any person discharging or assisting in the discharge of a function of a Local Commissioner, who is

Greater London Authority Act 1999 (c. 29)

16

In section 73(6) of the Greater London Authority Act 1999 (monitoring officer), for “injustice” substitute “ failure ”.

Local Government Act 2000 (c. 22)

17

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

18

In section 114 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about social services), in subsection (5)(a) for “(and to be treated as if it had been duly made under section 26 of that Act)” substitute “ (and for the complaint to be treated as satisfying sections 26A and 26B of that Act) ”.

SCHEDULE 13

Part 1 — Amendments of Local Government Act 1972

1

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2

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3

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4

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5

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6

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7

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8

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9

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10

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11

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12

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13

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14

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15

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16

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17

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18

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19

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20

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21

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22

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23

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24

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Part 2 — Other amendments

Landlord and Tenant Act 1954 (c. 56)

25

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Trustee Investments Act 1961 (c. 62)

26

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Leasehold Reform Act 1967 (c. 88)

27

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Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

28

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Local Authorities (Goods and Services) Act 1970 (c. 39)

29

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Employment Agencies Act 1973 (c. 35)

30

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Local Government Act 1974 (c. 7)

31

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Health and Safety at Work etc Act 1974 (c. 37)

32

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Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

33

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Rent (Agriculture) Act 1976 (c. 80)

34

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Rent Act 1977 (c. 42)

35

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

36

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Acquisition of Land Act 1981 (c. 67)

37

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Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

38

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Stock Transfer Act 1982 (c. 41)

39

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County Courts Act 1984 (c. 28)

40

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Housing Act 1985 (c. 68)

41

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Landlord and Tenant Act 1985 (c. 70)

42

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Local Government Act 1988 (c. 9)

43

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Housing Act 1988 (c. 50)

44

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Road Traffic Act 1988 (c. 52)

45

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Local Government and Housing Act 1989 (c. 42)

46

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47

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48

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Environmental Protection Act 1990 (c. 43)

49

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Local Government (Overseas Assistance) Act 1993 (c. 25)

50

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Housing Grants, Construction and Regeneration Act 1996 (c. 53)

51

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Audit Commission Act 1998 (c. 18)

52

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Local Government Act 1999 (c. 27)

53

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Freedom of Information Act 2000 (c. 36)

54

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Local Government Act 2003 (c. 26)

55

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SCHEDULE 14

Prevention of Corruption Act 1916 (c. 64)

1

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

Local Government Act 1972 (c. 70)

2

(1) Section 80 of the Local Government Act 1972 (disqualifications for election and holding office as member of local authority) is amended as follows.

(2) In subsection (1), for paragraph (aa) substitute—

(aa) holds any employment in an entity which is under the control of the local authority; or

(3) After subsection (3) insert—

(3A) In subsection (1)(aa) as it applies in relation to a local authority in England, the reference to an entity under the control of the local authority has the meaning given by order under section 217 of the Local Government and Public Involvement in Health Act 2007. (...) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

3

(1) The Local Government, Planning and Land Act 1980 is amended as follows.

(2) In section 98 (disposal of land at direction of Secretary of State)—

(a) in subsection (8)(d)—

(i) for “bodies” substitute “ authorities ”;

(ii) for the words from “a company” to the end substitute “ an entity which is under the control of that body, subject to its influence or jointly controlled by it and one or more other bodies ”;

(b) in subsection (8A) for “bodies” substitute “ authorities ”.

(3) In section 100 (interpretation etc of Part 10)—

(a) in subsection (1)(a), for the words from “a company” to “interests)” substitute “ an entity which is under the control of that body, subject to its influence or jointly controlled by it and one or ore other bodies ”;

(b) after subsection (1) insert—

(1ZA) In relation to a body in England to whom this Part of this Act applies, references in this Part to— (a) an entity under the control of the body, (b) an entity subject to the influence of the body, and (c) an entity jointly controlled by the body and one or more other bodies, have the meanings given by order under section 217 of the Local Government and Public Involvement in Health Act 2007. (1ZB) In relation to a body in Wales to whom this Part of this Act applies, those references have the meanings given by order under section 218 of that Act.

Environment Act 1995 (c. 25)

4

(1) Paragraph 7 of Schedule 7 to the Environment Act 1995 (National Park authorities) is amended as follows.

(2) In sub-paragraph (2) for the words from “a company” to the end substitute “ an entity which is under the control of that authority ”.

(3) After sub-paragraph (4) insert—

(4A) In sub-paragraph (2) as it applies in relation to a National Park authority in England, the reference to an entity under the control of the authority has the meaning given by order under section 217 of the Local Government and Public Involvement in Health Act 2007. (4B) In sub-paragraph (2) as it applies in relation to a National Park authority in Wales, that reference has the meaning given by order under section 218 of that Act.

Local Government Act 2003 (c. 26)

5

(1) The Local Government Act 2003 is amended as follows.

(2) In section 18 (local authority companies etc)—

(a) in subsection (2), at the end of paragraph (a) insert “and”, and for paragraphs (b) and (c) substitute—

(b) an entity which is, or the trustees of a trust which is— (i) under the control of a local authority or Passenger Transport Executive, (ii) subject to the influence of such an authority or Executive, or (iii) jointly controlled by bodies that include such an authority or Executive.

(b) after subsection (2) insert—

(2A) The references in subsection (2)(b) to— (a) “an entity under the control of” and “a trust under the control of” a local authority or Passenger Transport Executive, (b) “an entity subject to the influence of” and “a trust subject to the influence of” such an authority or Executive, and (c) “an entity jointly controlled by bodies that include” and “a trust jointly controlled by bodies that include” such an authority or Executive, have the meanings given by order under section 217 of the Local Government and Public Involvement in Health Act 2007.

(3) The provision in section 24 of that Act (Wales) is renumbered subsection (1) of that section, and after that provision there is inserted—

(2) In its application to Wales, section 18 has effect as if— (a) any reference to a Passenger Transport Executive were omitted, and (b) for the reference in subsection (2A) to section 217 of the Local Government and Public Involvement in Health Act 2007 there were substituted a reference to section 218 of that Act.

(4) In section 95 (power to trade in function-related activities through a company)—

(a) in subsection (4) omit the words from “within” to the end;

(b) for subsections (5) and (6) substitute—

(5) An order under section 212 of the Local Government and Public Involvement in Health Act 2007 (regulation of entities controlled etc by local authorities) may include provision applying any of the provisions of that order, with or without modifications— (a) to a company through which a relevant authority which is not a local authority for the purposes of that section exercises or proposes to exercise powers conferred by order under this section; or (b) to such a relevant authority, or members or officers of such a relevant authority, in relation to such a company. (6) Any requirement or prohibition imposed on or in relation to a company by virtue of subsection (5) must relate to the doing for a commercial purpose of the thing to which the order under this section relates.

;

“company” means— (a) a company within the meaning given by section 1(1) of the Companies Act 2006; or (b) a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969,

(5) In subsection 96(5) (definition of “company”) for the words from “Part 5” to the end substitute “ section 95 ”.

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

Public Audit (Wales) Act 2004 (c. 23)

6

(1) Section 48 of the Public Audit (Wales) Act 2004 (permitted methods of publishing information) is amended as follows.

(2) In subsection (3)(a) for “a local authority company” substitute “ an entity under the control of a local authority ”.

(3) For subsections (5) and (6) substitute—

(5) In subsection (3) “an entity under the control of a local authority” has the meaning given for the purposes of that subsection by order under section 218 of the Local Government and Public Involvement in Health Act 2007. (6) But the Welsh Ministers may direct that an entity, or entities of a particular description, are to be treated as not being under the control of a local authority for the purposes of subsection (3). (7) A direction under subsection (6) may be given so as to apply— (a) for a period specified in the direction; or (b) subject to conditions so specified. (8) A direction under subsection (6) may be varied or revoked by a subsequent direction under that subsection. (9) In subsection (6) “entity” means any entity, whether or not a legal person.

SCHEDULE 15

Introduction

1

Schedule 11 to the Local Government Finance Act 1988 (c. 41) is amended as follows.

Establishment of the Tribunal

2

Before paragraph 1 (and the italic heading preceding it) insert—

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