The Local Government and Public Involvement in Health Act 2007 (Commencement No.9) Order 2010

Made: 21st January 2010

The Secretary of State for Health makes the following Order in exercise of the powers conferred by section 245(5) and (6) of the Local Government and Public Involvement in Health Act 2007[^f00001].

Citation and interpretation

1

• (1) This Order may be cited as the Local Government and Public Involvement in Health Act 2007 (Commencement No.9) Order 2010.

• (2) In this Order “the Act” means the Local Government and Public Involvement in Health Act 2007.

Appointed day for provisions relating to byelaws

2

27th January 2010 is the day appointed for the coming into force of the following provisions of the Act—

• (a) section 129 (alternative procedure for byelaws);

• (b) section 130 (fixed penalties for breach of byelaws);

• (c) section 131 (use of fixed penalty receipts);

• (d) section 132 (guidance);

• (e) section 133 (community support officers etc);

• (f) section 134 (revocation of byelaws); and

• (g) section 135 (further amendments relating to byelaws).

Appointed day for provision relating to the duty to involve users

3

22nd February 2010 is the day appointed for the coming into force of section 233(5) of the Act in so far as it is not already in force.

Signed

Signed by authority of the Secretary of State for Health

Ann Keen — Parliamentary Under Secretary of State, — Department of Health — 21st January 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order commences provisions of the Local Government and Public Involvement in Health Act 2007 (c.28) (“the Act”) which concern byelaws in relation to local government and the duty to involve users in relation to health services.

Article 2 provides that 27th January 2010 is the appointed day for the coming into force of sections 129 to 135 of the Act. Those sections extend to England and Wales but have application only in England and (amongst other things) enable regulations to—

• make provision about the procedure for the making, coming into force and revocation of such byelaws

• prescribe classes of byelaws for which a fixed penalty notice may be given

• provide that an authorised officer proposing to give a person a fixed penalty notice may require the person to give him his name and address

• require a local authority in receipt of fixed penalty receipts to have regard to the desirability of using the receipts to combat certain nuisances

• require a local authority which makes byelaws of a prescribed class to have regard to any guidance issued by the Secretary of State.

Article 3 provides that 22nd February 2010 is the appointed day for the coming into force of section 233(5) of the Act in so far as it is not already in force. Section 233(5), which extends to England and Wales but has application in England only, places a duty on the Secretary of State to make regulations requiring Strategic Health Authorities to further involve users of health services in matters prescribed in those regulations.

Footnotes

[^f00001]: 2007 c.28