Local Government and Public Involvement in Health Act 2007

104Application of Chapter: partner authorities

(1)For the purposes of this Chapter, each of the following is a partner authority in relation to a responsible local authority—

(a)any person mentioned in subsection (2) who acts or is established for an area which, or any part of which, coincides with or falls within the responsible local authority’s area;

(b)any person mentioned in subsection (3) who provides services at or from a hospital or other establishment or facility which falls within the responsible local authority’s area; and

(c)any person mentioned in subsection (4).

(2)The persons referred to in subsection (1)(a) are—

(a)any district council which is not a responsible local authority;

(b)a fire and rescue authority;

(c)a National Park authority;

(d)the Broads Authority;

(e)a police authority;

(f)a chief officer of police;

(g)a joint waste authority established under section 207(1);

(h)a waste disposal authority established under section 10 of the Local Government Act 1985 (c. 51);

(i)a metropolitan county passenger transport authority established by section 28 of the Local Government Act 1985 (joint arrangements);

(j)Transport for London;

(k)a Primary Care Trust;

(l)a development agency established by section 1 of the Regional Development Agencies Act 1998 (c. 45);

(m)a local probation board established by section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

(n)a youth offending team established under section 39 of the Crime and Disorder Act 1998 (c. 37).

(3)The persons referred to in subsection (1)(b) are—

(a)a National Health Service trust;

(b)an NHS foundation trust.

(4)The persons referred to in subsection (1)(c) are—

(a)the Arts Council of England;

(b)the English Sports Council;

(c)the Environment Agency;

(d)the Health and Safety Executive;

(e)the Historic Buildings and Monuments Commission;

(f)the Learning and Skills Council for England;

(g)the Museums, Libraries and Archives Council;

(h)Natural England;

(i)the Secretary of State, but only in relation to—

(i)his functions under section 2 of the Employment and Training Act 1973 (c. 50) (arrangements with respect to obtaining etc employment or employees);

(ii)functions which he has as highway authority by virtue of section 1 of the Highways Act 1980 (c. 66); and

(iii)functions which he has as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984 (c. 27).

(5)In this section, “fire and rescue authority” means—

(a)a fire and rescue authority constituted by—

(i)a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21); or

(ii)a scheme to which section 4 of that Act applies;

(b)a metropolitan county fire and rescue authority; or

(c)the London Fire and Emergency Planning Authority.

(6)In subsection (1)(a), references to the area for which a person acts or is established are references—

(a)in the case of the Commissioner of Police of the Metropolis, to the metropolitan police district (within the meaning of the Police Act 1996 (c. 16));

(b)in the case of the Commissioner of the City of London Police, to the City of London police area (within the meaning of that Act);

(c)in the case of any other chief officer of police, to the police area listed in Schedule 1 to that Act for which his police force is maintained;

(d)in the case of Transport for London, Greater London.

(7)The Secretary of State may by order—

(a)amend subsection (2), (3) or (4) by—

(i)adding to it any person who has functions of a public nature;

(ii)removing from it any person for the time being mentioned in it; or

(iii)adding to subsection (4)(i) any function of the Secretary of State or removing from it any function for the time being mentioned in it; and

(b)make such other amendments of this section as appear to him to be necessary or expedient in consequence of provision made under paragraph (a).

(8)Before making an order under subsection (7) the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.