SCHEDULES

Section 22

SCHEDULE 1Structural and boundary change: consequential amendments

Part 1Amendments of Local Government Act 1992

1The Local Government Act 1992 (c. 19) is amended in accordance with this Part of this Schedule.

2In section 13 (reviews and recommendations), omit the following—

(a)subsections (1) and (2);

(b)subsection (7)(a).

3In section 14 (changes that may be recommended), omit the following—

(a)in subsection (1)—

(i)paragraphs (a) and (b);

(ii)in paragraph (c), the words from “whether” to the end of the paragraph;

(iii)the words after paragraph (c);

(b)subsections (2), (3), (5), (6) and (7).

4In section 15 (procedure on a review), omit subsection (7A)(a).

5Omit section 16.

6In section 17 (implementation of recommendations by order), omit the following—

(a)subsection (1);

(b)subsection (2)(a);

(c)in subsection (3)—

(i)the words “Subject to subsection (3A) below,”;

(ii)the words “Electoral Commission or of the”;

(iii)paragraphs (a), (b), (c), (ea), (g) and (h);

(iv)in paragraph (f), the words from the beginning to “district councillors,” and the words “and the order of retirement” and “for any parish situated in the district”;

(d)subsections (3A) and (3B);

(e)in subsection (4), the words “or in an agreement under section 20 below”;

(f)subsections (5) and (6).

7Omit section 18.

8In section 19 (regulations for supplementing orders), omit subsection (2).

9Omit sections 20 to 22.

10In section 26 (orders, regulations and directions), omit the following—

(a)in subsection (1)—

(i)paragraphs (a) and (b);

(ii)in paragraph (c), the words “or relates only to parishes”;

(b)subsection (2);

(c)in subsection (3), the words “orders or” in the first place where they occur;

(d)in subsection (4) the words “order or”;

(e)subsection (5);

(f)in subsection (6)—

(i)the words “the Secretary of State is or”

(ii)the words “he or”;

(iii)the words “he thinks or”.

Part 2Other amendments

Local Government Act 1972 (c. 70)

11(1)The Local Government Act 1972 is amended as follows.

(2)In section 6(2)(a) (electoral divisions of non-metropolitan county), after “1992” insert “and section 12(4) of the Local Government and Public Involvement in Health Act 2007”.

(3)In section 12 (supplementary provision about orders to dissolve parish councils etc)—

(a)in subsection (2), for the words from “section 20” to the end substitute “section 16 of the Local Government and Public Involvement in Health Act 2007 (agreements about incidental matters) shall apply as if—

(i)the reference in subsection (1) to an order under section 7 or 10 of that Act were to an order under section 10 or 11 of this Act; and

(ii)the reference in subsection (5)(b) to any order or regulations under Chapter 1 of Part 1 of that Act were to an order under section 10 or 11 of this Act.”;

(b)in subsection (3), for “such order” substitute “order under section 10 or 11 above”.

(4)In Schedule 2 (constitution and membership of London borough councils), in paragraph 7, in each of sub-paragraphs (1)(b) and (2) after “1992” insert “or Part 1 of the Local Government and Public Involvement in Health Act 2007”.

Race Relations Act 1976 (c. 74)

12In Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty), in Part 1, omit paragraph 33.

Rent Act 1977 (c. 42)

13In section 62(1) of the Rent Act 1977 (registration areas), after “1992” insert “or Part 1 of the Local Government and Public Involvement in Health Act 2007 (orders constituting new local government areas etc)”.

Interpretation Act 1978 (c. 30)

14In 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)

15In 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)”;

(c)in subsection (3B) omit “(in this section referred to as “the reorganisation date”)”;

(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—

  (a)

  a county council such as is referred to in subsection (3B)(b) above, or

  (b)

  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)

17In 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)

20In 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(1)In the Regional Assemblies (Preparations) Act 2003, after section 27 insert—

“27ASaving for provisions of Local Government Act 1992 as applied

This Act shall have effect as if the amendments of the Local Government Act 1992 made by the Local Government and Public Involvement in Health Act 2007 had not been made.”

(2)The power under section 243 of this Act to amend the Regional Assemblies (Preparations) Act 2003—

(a)is not limited by this paragraph;

(b)includes power to amend or repeal section 27A of that Act.

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”.

Section 61

SCHEDULE 2Electoral arrangements: consequential amendments

Local Government and Housing Act 1989 (c. 42)

1Section 9 of the Local Government and Housing Act 1989 (assistants for political groups) is amended as follows.

2In 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”.

Section 74

SCHEDULE 3Executives: further amendments

Local Government Act 1972 (c. 70)

1The 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)In subsection (4A)—

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

(b)before the first “whether” insert “and”.

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)

13The 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)

16The Representation of the People Act 1983 is amended as follows.

17In 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)

18The 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)

20The 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)

22The Local Government Act 2000 is amended as follows.

23In section 29 (operation of and publicity for executive arrangements), in subsection (3) after “A local authority” insert “in Wales”.

24In section 30 (operation of different executive arrangements), in subsection (1) after “a local authority” insert “in Wales”.

25In section 33 (operation of alternative arrangements), before subsection (1) insert—

“(A1)In this section references to a local authority are references to a local authority in Wales.”

26In section 83 (interpretation of Part 3) in the definition of “executive leader”, for “section 11(3)(a)” substitute “section 11(2A)(a) or (3)(a)”.

27In section 105 (orders and regulations), in subsection (6) after “32,” insert “33O(6),”.

28After paragraph 1 of Schedule 1 (executive arrangements: further provision) insert—

“Leader and cabinet executives (England)

1A(1)This paragraph applies in relation to executive arrangements by a local authority which provide for a leader and cabinet executive (England).

(2)Subject to section 11(8), the executive arrangements must include provision which enables the executive leader to determine the number of councillors who may be appointed to the executive under section 11(2A)(b).

(3)The executive arrangements must include provision which requires the executive leader to appoint one of the members of the executive to be his deputy (referred to in this paragraph as the deputy executive leader).

(4)Subject to sub-paragraph (5), the deputy executive leader, unless he resigns as deputy executive leader or ceases to be a member of the authority, is to hold office until the end of the term of office of the executive leader.

(5)The executive leader may, if he thinks fit, remove the deputy executive leader from office.

(6)Where a vacancy occurs in the office of deputy executive leader, the executive leader must appoint another person in his place.

(7)If for any reason the executive leader is unable to act or the office of executive leader is vacant, the deputy executive leader must act in his place.

(8)If for any reason—

(a)the executive leader is unable to act or the office of executive leader is vacant, and

(b)the deputy executive leader is unable to act or the office of deputy executive leader is vacant,

the executive must act in the executive leader’s place or must arrange for a member of the executive to act in his place.”

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).”.

Section 245

SCHEDULE 4New arrangements for executives: transitional provision

Part 1Old-style leader and cabinet executive

Application of Part

1This 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.

(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—

  (a)

  starts when section 62(5) comes into force, and

  (b)

  ends 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 2Mayor and council manager executive

Application of Part

6This 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—

  (a)

  starts when section 62(6) comes into force, and

  (b)

  ends 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 3Other 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;

(c)provision as to the term of office of any member of any form of executive;

(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).

Section 101

SCHEDULE 5Parishes: further amendments

1The 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.

Section 135

SCHEDULE 6Byelaws: further amendments

Public Health Acts Amendment Act 1907 (c. 53)

1In 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)

2In 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,”,

(c)omit paragraph (d).

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

3Omit 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)In paragraph 1(3)(a) of Schedule 4 to the Police Reform Act 2002 (definition of “relevant fixed penalty offence”) for “sub-paragraph 1(2)(a) to (d)” substitute “sub-paragraph (2)(a) to (e)”.

(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)”.

Section 136

SCHEDULE 7Amendments consequential on removing parish councils etc from best value duties

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

1In 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”;

(c)after subsection (4) insert—

“(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”;

(c)after subsection (2) insert—

“(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”;

(c)in subsection (7), omit the definition of “best value 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”;

(c)for subsection (4) substitute—

“(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”;

(c)in subsection (11) at the end insert—

““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”;

(c)after subsection (7) insert—

“(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,”;

(c)in the definition of “local authority”—

(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,”.

Section 144

SCHEDULE 8Best value: minor and consequential amendments

Part 1Part 1 of Local Government Act 1999

1Part 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”;

(c)in paragraph (e), after “fire and rescue authority” insert “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”.

5For 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).

7In section 6 (best value performance plans), in subsections (2), (3)(b) and (4) for “Secretary of State” substitute “Welsh Ministers”.

8In 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,”;

(c)in paragraph (f) for “Secretary of State” substitute “Welsh Ministers”.

(6)In subsection (5)—

(a)omit paragraph (b);

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

(c)in paragraph (c) (in both places) for “Secretary of State” substitute “Welsh Ministers”.

(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,”;

(c)in the words following paragraph (b), omit “, (3)”.

(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).

10Omit section 8 (Audit Commission’s code of practice and fees).

11In 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”.

12In 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).

13In 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)”.

16In section 11 (inspectors' powers and duties), in subsection (4)(b) omit “must”.

17In 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”.

18In section 13 (reports by Audit Commission) omit subsection (5) (performance plans to record failure to comply with Part 1).

19In 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”.

20In 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 2Other minor and consequential amendments

Housing Associations Act 1985 (c. 69)

23In section 75(1B) of the Housing Associations Act 1985 (functions of Audit Commission in relation to which relevant authority provides advice and assistance), omit from “, except” to the end.

Railways and Transport Safety Act 2003 (c. 20)

24In 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(1)The Public Audit (Wales) Act 2004 is amended as follows.

(2)In section 41(1)(a) (studies for improving economy etc in services), for “best value authorities in Wales” substitute “local government bodies in Wales that are also best value authorities for the purposes of Part 1 of the Local Government Act 1999”.

(3)In section 59 (interpretation), omit subsection (4) (definition of best value authority in Wales).

Section 146

SCHEDULE 9Consequential amendments relating to change of name of the Audit Commission

Amendment of references to the current name of the Commission

1(1)In the provisions listed in sub-paragraph (2), in the expression “Audit Commission for Local Authorities and the National Health Service in England and Wales”, omit “and Wales”.

(2)The provisions are—

(a)paragraphs 2(2)(h), 3(2)(e) and 4(h) of Schedule A1 to the Prison Act 1952 (c. 52) (interaction between Her Majesty’s Chief Inspector of Prisons and other authorities);

(b)the entry in Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (offices disqualifying for membership) relating to any member of the Audit Commission in receipt of remuneration;

(c)the entry relating to the Audit Commission in Part 2 of Schedule 1A to the Race Relations Act 1976 (c. 74) (bodies and other persons subject to general statutory duty);

(d)section 75(1A) of the Housing Associations Act 1985 (c. 69) (general function of the Housing Corporation);

(e)section 22(5)(b) of the Airports Act 1986 (c. 31) (auditors of public airport companies);

(f)section 124B(5) of the Education Reform Act 1988 (c. 40) (accounts of higher education corporations);

(g)paragraph 5(6)(c)(i) of Schedule 8 to the Local Government Finance Act 1988 (c. 41) (non-domestic rating contributions);

(h)section 123(8)(ja) of the Social Security Administration Act 1992 (c. 5) (unauthorised disclosure of information relating to particular persons);

(i)the definition of “Audit Commission” in section 43A(7) of the Charities Act 1993 (c. 10) (annual audit or examination of English National Health Service charity accounts);

(j)paragraphs 2(2)(h), 3(2)(e) and 4(h) of Schedule 4A to the Police Act 1996 (c. 16) (interaction between Her Majesty’s Inspectors of Constabulary and other authorities);

(k)the definition of “the Commission” in section 53(1) of the Audit Commission Act 1998 (c. 18) (interpretation);

(l)section 53(1) of the School Standards and Framework Act 1998 (c. 31) (certification of statements by Audit Commission);

(m)section 22(1) of the Local Government Act 1999 (c. 27) (Audit Commission);

(n)section 125(2)(b) of the Greater London Authority Act 1999 (c. 29) (information);

(o)paragraphs 2(2)(h) and 4(h) of the Schedule to the Crown Prosecution Service Inspectorate Act 2000 (c. 10) (interaction between Her Majesty’s Chief Inspector of the Crown Prosecution Service and other authorities);

(p)the definition of “the Audit Commission” in section 83(1) of the Local Government Act 2000 (c. 22) (interpretation of Part 3);

(q)the entry relating to the Audit Commission in Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities);

(r)paragraphs 2(2)(h), 3(2)(e) and 4(h) of Schedule 1A to the Criminal Justice and Court Services Act 2000 (c. 43) (interaction between Her Majesty’s Inspectorate of the National Probation Service for England and Wales and other authorities);

(s)the definition of “the Audit Commission” in section 99(7) of the Local Government Act 2003 (c. 26) (categorisation of English local authorities by reference to performance);

(t)section 110(4) of that Act (financial year of the Audit Commission);

(u)paragraphs 2(2)(h), 3(2)(a) and 4(h) of Schedule 3A to the Courts Act 2003 (c. 39) (interaction between Her Majesty’s inspectorate of court administration and other authorities);

(v)the definition of “Audit Commission” in section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (interpretation of Part 2);

(w)the definition of “the Audit Commission” in section 71 of the Public Audit (Wales) Act 2004 (c. 23) (interpretation);

(x)section 20(4)(e) of the Children Act 2004 (c. 31) (joint area reviews);

(y)paragraph 1(2)(h) of Schedule 13 to the Education and Inspections Act 2006 (c. 40) (inspection authorities);

(z)paragraph 23(7) of Schedule 7 to the National Health Service Act 2006 (c. 41) (audit of public benefit corporations);

(z1)paragraph 4(4) of Schedule 15 to that Act (audit of certain NHS bodies).

Amendment of references to the old name of the Commission

2(1)In the provisions listed in sub-paragraph (2), in the expression “Audit Commission for Local Authorities in England and Wales”, for “in England and Wales” substitute “and the National Health Service in England”.

(2)The provisions are—

(a)section 76(1) of the Transport Act 1985 (c. 67) (audit of accounts of public transport companies);

(b)section 70(5) of the Local Government and Housing Act 1989 (c. 42) (requirements for companies under control or subject to influence of local authorities).

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

3In Schedule 4 to the Audit Commission Act 1998 (transitional provisions, savings etc), omit paragraph 8.

Section 148

SCHEDULE 10Benefit Fraud Inspectorate: transfer schemes

Transfer of staff

1Paragraphs 2 to 4 apply where the rights and liabilities relating to an individual’s contract of employment are transferred in accordance with a transfer scheme.

2(1)The individual’s contract of employment—

(a)is not terminated by the transfer; and

(b)has effect from the transfer date as if originally made between the individual and the Audit Commission.

(2)The rights, powers, duties and liabilities of the Secretary of State under or in connection with the contract are transferred to the Audit Commission on the transfer date.

(3)Anything done before the transfer date by or in relation to the Secretary of State in respect of the contract or otherwise in his capacity as the employer of the individual shall be treated from that date as having been done by or in relation to the Audit Commission.

(4)For the purposes of the Employment Rights Act 1996 (c. 18)—

(a)the period of employment of the individual in the civil service of the State counts as a period of employment with the Audit Commission; and

(b)the transfer does not break the continuity of the period of employment.

(5)For the purposes of Part 11 of that Act (redundancy), the individual shall not be regarded as having been dismissed by virtue of the transfer.

(6)This paragraph does not apply in relation to—

(a)so much of a contract of employment as relates to a pension scheme; or

(b)any rights, powers, duties or liabilities relating to a pension scheme.

(7)In this paragraph, “transfer date”, in relation to a transfer scheme and an individual, means the date on which the rights and liabilities relating to an individual’s contract of employment are transferred to the Audit Commission by virtue of the scheme.

3(1)A transfer scheme may make provision with respect to the eligibility of the individual to become a member of a pension scheme by virtue of his employment with the Audit Commission.

(2)A transfer scheme may make provision with respect to the rights of, or rights or liabilities in respect of, the individual under a pension scheme of which he is a member by virtue of his employment immediately before the transfer.

4In paragraphs 2 and 3, “pension scheme” includes a scheme made under section 1 of the Superannuation Act 1972 (c. 11) (superannuation schemes as respects civil servants etc.).

Property, rights and liabilities etc.

5(1)A transfer scheme may provide for the transfer of property, rights and liabilities—

(a)whether or not they would otherwise be capable of being transferred or assigned;

(b)irrespective of any requirement for consent that would otherwise apply.

(2)A transfer scheme may—

(a)create rights, or impose liabilities, in relation to property, rights and liabilities transferred by virtue of the scheme;

(b)apportion property, rights and liabilities between the transferor and the Audit Commission.

(3)A transfer scheme may provide for things done by or in relation to the transferor for the purposes of or in connection with anything transferred by a transfer scheme to be—

(a)treated as done by or in relation to the Audit Commission or its employees;

(b)continued by or in relation to the Audit Commission or its employees.

(4)A scheme may in particular make provision about the continuation of legal proceedings.

(5)A scheme may include supplementary, incidental and consequential provision.

(6)This paragraph has effect subject to paragraph 2 and section 148(4).

Section 149

SCHEDULE 11Schedule to be inserted in Audit Commission Act 1998

Section 47B

“SCHEDULE 2AInteraction with other authorities

Part 1Interpretation

Inspection authorities

1(1)In this Schedule (subject to sub-paragraph (2)), “inspection authority” means—

(a)Her Majesty’s Chief Inspector of Prisons;

(b)Her Majesty’s Chief Inspector of Constabulary;

(c)Her Majesty’s Chief Inspector of the Crown Prosecution Service;

(d)Her Majesty’s Chief Inspector of the National Probation Service for England and Wales;

(e)Her Majesty’s Chief Inspector of Court Administration;

(f)Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;

(g)the Commission for Healthcare Audit and Inspection; or

(h)the Commission for Social Care Inspection.

(2)In paragraphs 5 to 10 of this Schedule, “inspection authority” also includes—

(a)Her Majesty’s Inspectors of Constabulary,

(b)Her Majesty’s Inspectorate of the National Probation Service for England and Wales, and

(c)Her Majesty’s Inspectorate of Court Administration,

but notice under paragraph 5(1) in respect of an inspection by those inspectors or inspectorates may be given to their Chief Inspector.

Public authorities

2(1)In this Schedule “public authority”—

(a)includes any person any of whose functions are of a public nature; but

(b)does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.

(2)Subject to paragraph 9(3), references in this Schedule to a public authority do not include a public authority outside the United Kingdom.

(3)In relation to a particular act, a person is not a public authority by virtue of sub-paragraph (1) if the nature of the act is private.

Inspections and functions

3In this Schedule—

• “Audit Commission inspection” means an inspection under—

  (a)

  section 41A of this Act (inspection of registered social landlords); or

  (b)

  section 10 of the Local Government Act 1999 (c. 27) (inspection of best value authorities);

• “inspection functions” means functions relating to Audit Commission inspections;

• “national studies functions” means functions relating to studies under any of the following provisions of this Act—

  (a)

  section 33(1) or (4) (studies for improving economy, efficiency and effectiveness in services);

  (b)

  section 34(1) (studies as to impact of statutory provisions etc on economy, efficiency and effectiveness in services);

  (c)

  section 36(1) (studies for improving economy, efficiency and effectiveness in management or operation of educational bodies);

  (d)

  section 38 (benefit administration studies for Secretary of State);

  (e)

  section 40 (studies relating to registered social landlords);

• “relevant functions” means—

  (a)

  inspection functions;

  (b)

  national studies functions; and

  (c)

  reporting functions;

• “reporting functions” means functions relating to the production of reports by the Commission under—

  (a)

  section 139A of the Social Security Administration Act 1992;

  (b)

  section 47A of this Act;

• “section 139A inspector” means a person authorised under section 139A of the Social Security Administration Act 1992 (c. 5) (persons authorised to report on the administration of housing benefit and council tax benefit), other than the Commission.

Part 2Exercise of functions

Inspection programmes and inspection frameworks

4(1)The Commission 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 Audit Commission inspections it proposes to carry out (an “inspection programme”);

(b)a document setting out the way in which it proposes to carry out its functions of inspecting and reporting so far as they relate to Audit Commission inspections (an “inspection framework”).

(2)Before preparing an inspection programme or an inspection framework, the Commission must consult—

(a)the Secretary of State,

(b)the inspection authorities, and

(c)any other person or body specified by an order made by the Secretary of State,

and it must send to each of the persons or bodies referred to in paragraph (a), (b) or (c) a copy of each programme or framework once it is prepared.

(3)Sub-paragraph (2) does not require the Commission to consult, or to send copies of documents to, a person or body mentioned in paragraph (b) or (c) of that sub-paragraph in cases or circumstances in relation to which the Commission and that person or body have agreed to waive the requirement.

(4)The Secretary of State may by order specify the form that inspection programmes or inspection frameworks must take.

Inspections by other inspectors of organisations within the Commission’s remit

5(1)If—

(a)a specified inspector is proposing to carry out an inspection that would involve inspecting a specified organisation, and

(b)the Commission considers that the proposed inspection would impose an unreasonable burden on the specified organisation, or would do so if carried out in a particular way,

the Commission must, subject to sub-paragraph (6), give a notice to the specified inspector requiring the inspector not to carry out the proposed inspection, or not to carry it out in that way.

(2)In this paragraph “specified inspector” means—

(a)an inspection authority;

(b)a section 139A inspector; or

(c)any other person or body specified by order made by the Secretary of State.

(3)In this paragraph “specified organisation” means a person or body specified by order made by the Secretary of State.

(4)A person or body may be specified under sub-paragraph (3) in relation to particular functions.

(5)In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge by that person or body of any of the functions in relation to which it is specified.

(6)The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.

(7)Where a notice is given under this paragraph, the proposed inspection must not be carried out, or (as the case may be) must not be carried out in the way mentioned in the notice; but this is subject to sub-paragraph (8).

(8)The Secretary of State, if satisfied that the proposed inspection—

(a)would not impose an unreasonable burden on the specified organisation in question, or

(b)would not do so if carried out in a particular way,

may give consent to the inspection being carried out, or being carried out in that way.

(9)The Secretary of State may by order make provision supplementing this paragraph, including in particular provision—

(a)about the form of notices;

(b)prescribing the period within which notices are to be given;

(c)prescribing circumstances in which notices are, or are not, to be made public;

(d)for revising or withdrawing notices;

(e)for setting aside notices not validly given.

Co-operation

6The Commission must co-operate with—

(a)the inspection authorities,

(b)section 139A inspectors, and

(c)any other public authority specified by order made by the Secretary of State,

where it is appropriate to do so for the efficient and effective discharge of any of its relevant functions.

Joint action

7The Commission may act jointly with—

(a)an inspection authority, and

(b)a section 139A inspector,

where it is appropriate to do so for the efficient and effective discharge of any of its relevant functions.

Delegation of functions

8(1)The Commission may delegate any of its relevant functions (to such extent as it may determine) to—

(a)an inspection authority;

(b)any other public authority specified by an order made by the Secretary of State.

(2)If the carrying out of an Audit Commission inspection, or any study referred to in the definition of “national studies functions” in paragraph 3, is delegated under sub-paragraph (1) it is nevertheless to be regarded for the purposes of any enactment as carried out by the Commission.

Advice or assistance for other public authorities

9(1)The Commission may, if it thinks it appropriate to do so, provide advice or assistance to another public authority for the purpose of the exercise by that authority of its functions.

(2)Advice or assistance under this paragraph may be provided on such terms, including terms as to payment, as the Commission thinks fit.

(3)In sub-paragraph (1), the reference to another public authority includes a public authority outside the United Kingdom.

Inspections carried out under arrangements

10(1)The Commission may make arrangements with an inspection authority to carry out, on behalf of that authority, inspections in England of any institution or matter which the Commission is not required or authorised to carry out by virtue of any other enactment.

(2)Inspections under this paragraph may be carried out on such terms, including terms as to payment, as the Commission thinks fit.”

Section 182

SCHEDULE 12The Commission for Local Administration in England: minor and consequential amendments

Part 1Amendments of Part 3 of Local Government Act 1974

1Part 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.

2In 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”;

(c)in paragraph (b)—

(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,”;

(c)for “the action complained of” substitute “the action which would be the subject of the investigation”;

(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,”;

(c)for paragraph (b) substitute—

“(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”;

(c)in paragraph (a), for “complaint” substitute “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”.

10In 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).

12In Schedule 5 (matters not subject to investigation), in paragraphs 2, 6, 7 and 8, after “taken by” insert “or on behalf of”.

Part 2Other 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”;

(c)in subsection (5), omit “of a complaint”.

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)

16In section 73(6) of the Greater London Authority Act 1999 (monitoring officer), for “injustice” substitute “failure”.

Local Government Act 2000 (c. 22)

17(1)The Local Government Act 2000 is amended as follows.

(2)In section 62 (further provisions about investigations by ethical standards officers), in subsection (7)(b) for “by any members or officers of the Commission for Local Administration in England” substitute “obtained in connection with investigations under Part 3 of that Act (Commission for Local Administration in England)”.

(3)In section 67(2) (consultation by Local Commissioners with ethical standards officers)—

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

(b)after “about the investigation and” insert “, where a complaint was made about the matter, he may”.

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

18In 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)”.

Section 209

SCHEDULE 13Consequential amendments relating to joint waste authorities

Part 1Amendments of Local Government Act 1972

1The Local Government Act 1972 (c. 70) is amended in accordance with this Part of this Schedule.

2In section 70 (restriction on promotion of Bills for changing local government areas), in subsections (1) and (3), for “or joint authority” substitute “, joint authority or joint waste authority”.

3In section 80(2) (disqualifications for election and holding office as member of local authority), after “joint authority” insert “, joint waste authority”.

4In section 85(4) (vacation of office by failure to attend meetings), at the end insert “and a joint waste authority”.

5In section 86(2) (declaration by local authority of vacancy in office), at the end insert “and a joint waste authority”.

6In section 92 (proceedings for disqualification), after subsection (7) insert—

“(7A)In this section “local authority” also includes a joint waste authority.

(7B)The reference in subsection (1) above to a local government elector for the area concerned shall—

(a)in relation to a joint waste authority established for an area that includes a local government area, be construed as including a reference to a local government elector for that local government area;

(b)in relation to a joint waste authority established for an area that includes the City of London, be construed as including a reference to a person whose name appears in a ward list published under section 7 of the City of London (Various Powers) Act 1957;

(c)in relation to a joint waste authority established for an area that includes the Inner Temple or the Middle Temple, be construed as including a reference to a person whose name appears in the ward list published with respect to the ward of Farrington Without in the City under section 7 of the City of London (Various Powers) Act 1957.”

7In section 98(1A) (interpretation), after “joint authority,” insert “a joint waste authority,”.

8In section 100J (application to new authorities)—

(a)in subsection (1), after paragraph (b) insert—

“(ba)a joint waste authority;”;

(b)in subsection (2), in the words following paragraph (b), after “(b),” insert “(ba),”;

(c)in subsection (3), after “(b),” insert “(ba),”;

(d)in subsection (4)(a), after “joint authority” insert “, a joint waste authority”.

9In section 101(13) (arrangements for discharge of functions by local authorities), after “police authority,” insert “a joint waste authority,”.

10In section 146A(1) (joint authorities etc), after “joint authority,” insert “a joint waste authority,”.

11In section 175(3B) (allowances for attending conferences and meetings), after “London Fire and Emergency Planning Authority” insert “, a joint waste authority”.

12In section 176(3) (payment of expenses of official visits), after “joint authority” insert “, a joint waste authority”.

13In section 223(2) (appearance of local authorities in legal proceedings), after “joint authority,” insert “a joint waste authority,”.

14In section 224(2) (arrangements by principal councils for custody of documents), after “joint authority” insert “or joint waste authority”.

15In section 225(3) (deposit of documents with proper officer of authority), at the end insert “and a joint waste authority”.

16In section 228 (inspection of documents), after subsection (7A) insert—

“(7B)This section shall apply to the minutes of proceedings and the accounts of a joint waste authority as if that authority were a local authority; and in relation to a joint waste authority the reference to a local government elector for the area of the authority is to be construed in accordance with section 92(7B).”

17In section 229(8) (photographic copies of documents), after “joint authority” insert “, a joint waste authority”.

18In section 230(2) (reports and returns), at the end insert “and a joint waste authority”.

19In section 231(4) (service of notices on local authorities), after “joint authority” insert “, a joint waste authority”.

20In section 232(1A) (public notices), after “joint authority” insert “, a joint waste authority”.

21In section 233(11) (service of notices by local authorities), after “joint authority” insert “, a joint waste authority”.

22In section 234(4) (authentication of documents), after “joint authority” insert “, a joint waste authority”.

23In section 239(4A) (power to promote or oppose local or personal Bills), at the end insert “and a joint waste authority”.

24In section 270(1) (general provisions as to interpretation), after the definition of “joint authority” insert—

““joint waste authority” means an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007;”.

Part 2Other amendments

Landlord and Tenant Act 1954 (c. 56)

25In section 69(1) of the Landlord and Tenant Act 1954 (interpretation), in the definition of “local authority”, after “National Park authority,” insert “an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),”.

Trustee Investments Act 1961 (c. 62)

26In section 11(4)(a) of the Trustee Investments Act 1961 (local authority investment schemes), after “1985” insert “, an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)”.

Leasehold Reform Act 1967 (c. 88)

27In section 28(5)(a) of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes), after “1985,” insert “any authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),”.

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

28In section 3(2)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), after “1985,” insert “an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),”.

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

29In section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities), in the definition of “local authority”, after “1985” insert “, any authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)”.

Employment Agencies Act 1973 (c. 35)

30In section 13(7) of the Employment Agencies Act 1973 (interpretation), after paragraph (f) insert—

“(fza)the exercise by an authority established for an area in England under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities) of any of its functions;”.

Local Government Act 1974 (c. 7)

31(1)Part 3 of the Local Government Act 1974 (Commission for Local Administration in England) is amended as follows.

(2)In section 25(1) (authorities subject to investigation), after paragraph (cc) insert—

“(cd)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

(3)In section 26C(6) (referral of complaints by authorities) (inserted by section 174 of this Act), after paragraph (c) insert—

“(d)in relation to an authority established by an order under section 207 of the Local Government and Public Involvement in Health Act 2007, a person who may be a member of the authority in accordance with section 208 of that Act.”

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

32In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information), after “1985” insert “, an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)”.

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

33In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part 1), in the definition of “local authority”—

(a)in paragraph (a), after “1985” insert “, an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)”;

(b)in paragraph (c), after “authorities),” insert “an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),”.

Rent (Agriculture) Act 1976 (c. 80)

34In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to local authority etc), after paragraph (bb) insert—

“(bba)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

Rent Act 1977 (c. 42)

35In section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority etc), after paragraph (cb) insert—

“(cba)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

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

36(1)The Local Government, Planning and Land Act 1980 is amended as follows.

(2)In section 2(1) (duty of authorities to publish information), after paragraph (ka) insert—

“(kaa)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

(3)In section 98(8A) (authorities referred to by subsection (8)(d)), after paragraph (e) (and before the “and” following that paragraph) insert—

“(ea)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

(4)In section 99(4) (representations by certain bodies), after paragraph (db) insert—

“(dba)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

(5)In section 100(1)(a) (meaning of “subsidiary), for “or a joint authority established by Part IV of the Local Government Act 1985,” substitute “, a joint authority established by Part 4 of the Local Government Act 1985 or an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),”.

(6)In Schedule 16 (bodies to whom Part 10 applies), after paragraph 5B insert—

“5BAAn authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities).”

Acquisition of Land Act 1981 (c. 67)

37In section 17(4) of the Acquisition of Land Act 1981 (local authority and statutory undertakers' land), in paragraph (a) of the definition of “local authority”, for “and a joint authority established by Part IV of the Local Government Act 1985,” substitute “, a joint authority established by Part 4 of the Local Government Act 1985 or an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),”.

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

38(1)The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.

(2)In section 33(9) (enforceability by local authorities of certain covenants relating to land)—

(a)in paragraph (a), for “or a joint authority established by Part IV of the Local Government Act 1985” substitute “, a joint authority established by Part 4 of the Local Government Act 1985 or an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)”;

(b)in paragraph (b), after “joint authority” insert “or joint waste authority”.

(3)In section 41(13) (lost and uncollected property), in the definition of “local authority”, after paragraph (e) (and before the “and” following that paragraph) insert—

“(ea)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

Stock Transfer Act 1982 (c. 41)

39In paragraph 7(2)(a) of Schedule 1 to the Stock Transfer Act 1982 (specified securities), after “1985” insert “, an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)”.

County Courts Act 1984 (c. 28)

40In section 60(3) of the County Courts Act 1984 (right of audience), in the definition of “local authority”, after “1985,” insert “an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities),”.

Housing Act 1985 (c. 68)

41(1)Section 4 of the Housing Act 1985 (descriptions of authority) is renumbered subsection (1) of that section.

(2)In paragraph (e) of that subsection—

(a)for “and a joint authority established by Part IV of the Local Government Act 1985” substitute “, a joint authority established by Part 4 of the Local Government Act 1985, a joint waste authority”;

(b)for “a joint authority established by Part IV of the Local Government Act 1985”, in the second place where it occurs, substitute “, a joint authority established by Part 4 of the Local Government Act 1985, a joint waste authority”.

(3)After that subsection insert—

“(2)In this section “joint waste authority” means an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007.”

Landlord and Tenant Act 1985 (c. 70)

42In section 38 of the Landlord and Tenant Act 1985 (minor definitions), in the definition of “local authority”, after “1985” insert “, an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)”.

Local Government Act 1988 (c. 9)

43In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: the public authorities), after the entry relating to an authority established by an order under section 10(1) of the Local Government Act 1985 insert—

“An authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities).”

Housing Act 1988 (c. 50)

44In Schedule 1 to the Housing Act 1988 (tenancies that cannot be assured tenancies), in paragraph 12(1) after paragraph (f) insert—

“(fa)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

Road Traffic Act 1988 (c. 52)

45In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance), after “the London Fire and Emergency Planning Authority,” insert “an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)”.

Local Government and Housing Act 1989 (c. 42)

46The Local Government and Housing Act 1989 is amended as follows.

47In section 21(1) (interpretation of Part 1), after paragraph (g) insert—

“(ga)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

48In section 152(2) (interpretation of sections 150 and 151), after paragraph (i) insert—

“(ia)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

Environmental Protection Act 1990 (c. 43)

49In section 52(1A) of the Environmental Protection Act 1990 (payments for recycling and disposal etc of waste), at the end insert “or any authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)”.

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

50In section 1(10) of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance), after paragraph (d) insert—

“(da)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

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

51In section 3(2) of the Housing Grants, Construction and Regeneration Act 1996 (ineligible applicants for grants), after paragraph (j) (and before the “or” following that paragraph) insert—

“(ja)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

Audit Commission Act 1998 (c. 18)

52In Schedule 2 to the Audit Commission Act 1998 (accounts subject to audit), in paragraph 1, after paragraph (m) insert—

“(ma)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

Local Government Act 1999 (c. 27)

53In section 1(1) of the Local Government Act 1999 (best value authorities), after paragraph (g) insert—

“(ga)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

Freedom of Information Act 2000 (c. 36)

54In Schedule 1 to the Freedom of Information Act 2000 (public authorities), after paragraph 15 insert—

“15AAn authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities).”

Local Government Act 2003 (c. 26)

55(1)The Local Government Act 2003 is amended as follows.

(2)In section 23(1) (definition of local authority for purposes of Part 1), after paragraph (k) insert—

“(ka)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

(3)In section 33(1) (power to pay grant: interpretation), after paragraph (j) insert—

“(ja)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

Section 216

SCHEDULE 14Consequential amendments relating to entities controlled etc by local authorities

Prevention of Corruption Act 1916 (c. 64)

1(1)Section 4 of the Prevention of Corruption Act 1916 (interpretation etc) is amended as follows.

(2)In subsection (2)—

(a)after “United Kingdom)” insert “and any entity which is under the control of a local authority or jointly controlled by bodies that include a local authority”;

(b)omit the words from “and companies” to “local authorities”.

(3)After subsection (3) insert—

“(4)For the purposes of subsection (2)—

• “an entity under the control of a local authority”, and

• “an entity jointly controlled by bodies that include a local authority”,

have the meanings given for the purposes of that subsection by order under section 217 of the Local Government and Public Involvement in Health Act 2007.”

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.

(3B)In subsection (1)(aa) as it applies in relation to a local authority in Wales, that reference has the meaning given by order under section 218 of that Act.”

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 more 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.”;

(c)in subsection (7), before the definition of “ordinary functions” insert—

““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)In section 100(2)(a) (exercise of powers by reference to authorities' performance categories), for the words from “section 70” to the end substitute “section 212 of the Local Government and Public Involvement in Health Act 2007”.

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.”

Section 219

SCHEDULE 15The Valuation Tribunal for England

Introduction

1Schedule 11 to the Local Government Finance Act 1988 (c. 41) is amended as follows.

Establishment of the Tribunal

2Before paragraph 1 (and the italic heading preceding it) insert—

“Part 1The Valuation Tribunal for England

Establishment

A1There shall be a Valuation Tribunal for England.

Jurisdiction

A2(1)The jurisdiction of the existing English tribunals, including their jurisdiction under current legislation, is transferred to the Tribunal.

(2)The jurisdiction of the existing English tribunals under current legislation is their jurisdiction under any of the following—

• This Act

  • Regulations under section 55.

  • Paragraph 4 of Schedule 4A.

  • Paragraph 5C of Schedule 9.

• Land Drainage Act 1991 (c. 59)

  • Section 45.

• Local Government Finance Act 1992 (c. 14)

  • Section 16.

  • Regulations under section 24.

  • Paragraph 3 of Schedule 3.

(3)The jurisdiction transferred by this paragraph is to be exercised as regards all appeals under that jurisdiction, whether made before or after the transfer.

(4)The existing English tribunals are the valuation tribunals established in relation to England by regulations under this Schedule (prior to its amendment by the Local Government and Public Involvement in Health Act 2007) which are in existence immediately before this paragraph comes into force.

A3(1)This paragraph applies as regards any matter which falls within the jurisdiction of the Tribunal.

(2)The Secretary of State may by regulations provide that, where the persons mentioned in sub-paragraph (3) below agree in writing that the matter is to be referred to arbitration, the matter shall be so referred.

(3)The persons are the persons who, if the matter were to be the subject of an appeal to the Tribunal, would be the parties to the appeal.

Membership

A4The Tribunal is to consist of the following members—

(a)the President of the Valuation Tribunal for England;

(b)one or more Vice-Presidents of the Valuation Tribunal for England;

(c)the members of a panel of persons to act as chairmen of the Tribunal;

(d)other persons appointed as members of the Tribunal.

A5A Vice-President has the functions assigned to him by the President.

A6(1)This paragraph applies if—

(a)the office of President is vacant, or

(b)the President is absent or otherwise unable to act.

(2)The President’s functions may be exercised by any Vice-President.

A7(1)It is for the Lord Chancellor to appoint the members of the Tribunal.

(2)It is for the Secretary of State to determine the terms and conditions on which members of the Tribunal are to be appointed.

(3)Paragraphs A11 to A13 make further provision about determination of remuneration etc.

A8(1)It is for the Secretary of State to determine the following matters—

(a)how many Vice-Presidents the Tribunal is to have;

(b)how many members the panel of chairmen is to have;

(c)how many other members the Tribunal is to have.

(2)A determination under this paragraph may specify, in relation to a class of member—

(a)a particular number, or

(b)a minimum number or a maximum number, or both.

(3)Before making a determination under this paragraph the Secretary of State must consult both of the following—

(a)the President;

(b)the Valuation Tribunal Service.

Tenure of office

A9(1)A member of the Tribunal shall hold office in accordance with the terms and conditions of his appointment.

(2)That is subject to the other provisions of this Schedule.

A10The Lord Chancellor may remove a member of the Tribunal from office if the Lord Chancellor is satisfied that the member is—

(a)unable,

(b)unwilling, or

(c)unfit (whether because of misbehaviour or otherwise),

to perform his functions as a member of the Tribunal.

Remuneration, allowances & pension

A11It is for the Secretary of State to determine what (if any) remuneration is payable to the President and the Vice-Presidents.

A12It is for the Secretary of State to determine what (if any) allowances (including travelling and subsistence allowances) are payable to the members of the Tribunal.

A13It is for the Secretary of State to determine—

(a)what (if any) pension is payable to, or in respect of, a person who has held office as President or Vice-President, and

(b)what (if any) amounts are payable towards provision for the payment of a pension to, or in respect of, a person who has held office as President or Vice-President.

A14The Valuation Tribunal Service must pay any amount which is payable in accordance with a determination made by the Secretary of State under paragraph A11, A12 or A13.

Organisation & delegation

A15The President may make arrangements for the organisation of the Tribunal (whether in divisions or otherwise).

A16(1)The President or a Vice-President may delegate any of his functions to any other member of the Tribunal.

(2)But where the President or a Vice-President has been selected to deal with an appeal, that person may not delegate any function of deciding that appeal.

(3)A member of the Tribunal to whom a function is delegated under sub-paragraph (1) may delegate the function to any other member of the Tribunal (unless the delegation under sub-paragraph (1) does not allow such sub-delegation).

(4)Any delegation under sub-paragraph (1) or (3) must be made in writing.

Dealing with appeals

A17(1)The President must make tribunal business arrangements.

(2)Tribunal business arrangements are arrangements which provide for the selection of the member or members of the Tribunal to deal with any appeal made to the Tribunal.

(3)Tribunal business arrangements must provide for at least one senior member of the Tribunal to deal with an appeal.

(4)The senior members of the Tribunal are—

(a)the President;

(b)the Vice-Presidents;

(c)the members of the panel of chairmen.

(5)Tribunal business arrangements must comply with, and are subject to, regulations under paragraph A19.

A18(1)This paragraph applies if a member of the Tribunal dealing with an appeal becomes unable to act.

(2)The other members dealing with the appeal may continue to deal with the appeal.

(3)Or, if the member who becomes unable to act is the only member dealing with the appeal, a further selection must be made in accordance with tribunal business arrangements.

Regulations

A19(1)The Secretary of State may, by regulations, make provision in relation to procedure or any other matter relating to the Tribunal.

(2)Regulations under this paragraph may include provision about any of these matters—

(a)the circumstances in which persons are disqualified from becoming or continuing to be members of the Tribunal;

(b)the circumstances in which members of the Tribunal are to be disqualified from acting;

(c)the factors which are not to disqualify persons from becoming or continuing to be members of the Tribunal;

(d)the factors which are not to disqualify members of the Tribunal from acting;

(e)the functions of the Tribunal relating to an appeal which may be discharged on its behalf by the clerk of the Tribunal or by any other member of the Tribunal’s staff.

(3)Regulations under this paragraph may not make provision in relation to staff, accommodation and equipment.

(4)Part 3 makes further provision about the kind of regulations that may be made under this paragraph.

Interpretation

A20In this Part—

(a)“Tribunal” means the Valuation Tribunal for England;

(b)“President” means President of the Valuation Tribunal for England;

(c)“Vice-President” means Vice-President of the Valuation Tribunal for England;

(d)“panel of chairmen” means the panel of persons to act as chairmen of the Tribunal;

(e)“Tribunal’s staff” means the staff provided to the Tribunal by (or under arrangements made by) the Valuation Tribunal Service.”

Schedule 11 to be divided into Parts

3(1)The entries in the first column of the following table set out certain provisions of Schedule 11 (as amended in accordance with this Schedule).

(2)The provisions set out in such an entry become the Part of Schedule 11 set out in the corresponding entry in the second column.

(3)That Part has the title set out in the corresponding entry in the third column.

Retention of existing arrangements for Wales

4In paragraph 1 (establishment of tribunals)—

(a)in sub-paragraph (1) for “of tribunals” insert “, in relation to Wales, of one or more tribunals”;

(b)omit sub-paragraph (2)(a);

(c)in sub-paragraph (2)(b) omit “so far as relating to Wales,”.

5After paragraph 1 insert—

“1AIn this Part, references to a tribunal are references to any tribunal established in relation to Wales by regulations under paragraph 1.”

6(1)Omit paragraph 3 (transfer of jurisdiction of local valuation courts).

(2)The repeal of paragraph 3 does not affect any regulations made under that paragraph before the repeal comes into force.

7In paragraph 5(1) (regulations about membership of tribunals), in sub-paragraph (p) after “such” insert “remuneration and”.

8In paragraph 6(1) (staff) omit “, so far as relating to Wales,”.

9In paragraph 7(1) (accommodation and equipment) omit “, so far as relating to Wales,”.

10(1)For the italic heading before paragraph 8 substitute—

“Dealing with appeals”

(2)Paragraph 8(1) becomes paragraph 7A of Schedule 11.

Amendment of provisions relating to England and to Wales

11Before paragraph 8(2) insert—

“Procedure

8(1)Regulations under paragraph A19 or paragraph 1 may include provision of any kind specified in this paragraph.”

12In paragraph 9(2) for “paragraph 1” substitute “paragraph A19 or paragraph 1”.

13In paragraph 10(2) for “paragraph 1” substitute “paragraph A19 or paragraph 1”.

14In paragraph 10A(2) for “paragraph 1” substitute “paragraph A19 or paragraph 1”.

15In paragraph 11(1) for “paragraph 1” substitute “paragraph A19 or paragraph 1”.

16In paragraph 12(1) for “paragraph 1” substitute “paragraph A19 or paragraph 1”.

17After paragraph 12 insert—

“Meaning of tribunal

12AIn this Part references to a tribunal are—

(a)in relation to England, references to the Valuation Tribunal for England;

(b)in relation to Wales, references to a tribunal established under paragraph 1 of this Schedule.”

18(1)For the italic heading before paragraph 13 substitute—

“Finance: Wales”

(2)In paragraph 13 for “tribunals” substitute “the tribunals established in relation to Wales by regulations under paragraph 1”.

19In paragraph 15 for “paragraph 4” substitute “paragraph A3 or paragraph 4”.

Section 220

SCHEDULE 16Consequential amendments relating to the creation of the Valuation Tribunal for England

House of Commons Disqualification Act 1975 (c. 24)

1In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), insert at the appropriate place—

“The Valuation Tribunal for England.”

Local Government Finance Act 1988 (c. 41)

2The Local Government Finance Act 1988 is amended as follows.

3(1)Section 55 (alteration of lists) is amended in accordance with this paragraph.

(2)In subsection (5) omit “established under Schedule 11 below”.

(3)After subsection (7A) insert—

“(8)In this section “valuation tribunal” means—

(a)in relation to England: the Valuation Tribunal for England;

(b)in relation to Wales: a valuation tribunal established under paragraph 1 of Schedule 11.”

4(1)Schedule 4A (non-domestic rating: new buildings (completion days)) is amended in accordance with this paragraph.

(2)In paragraph 4 (appeals against completion notices), after sub-paragraph (2) insert—

“(3)In this paragraph “valuation tribunal” means—

(a)in relation to England: the Valuation Tribunal for England;

(b)in relation to Wales: a valuation tribunal established under paragraph 1 of Schedule 11.”

5(1)Schedule 9 (non-domestic rating: administration) is amended in accordance with this paragraph.

(2)In paragraph 5C (non-compliance with information notice: appeals against penalties), after sub-paragraph (6) insert—

“(7)In this paragraph “valuation tribunal” means—

(a)in relation to England: the Valuation Tribunal for England;

(b)in relation to Wales: a valuation tribunal established under paragraph 1 of Schedule 11.”

Land Drainage Act 1991 (c. 59)

6(1)Section 45 of the Land Drainage Act 1991 (appeals against determinations of annual value) is amended in accordance with this paragraph.

(2)In subsection (7)(a) omit “, in accordance with regulations under Schedule 11 to the Local Government Finance Act 1988,”.

(3)After subsection (7) insert—

“(8)For the purposes of subsection (7)—

(a)“valuation tribunal” means—

(i)the Valuation Tribunal for England, or

(ii)a valuation tribunal established under paragraph 1 of Schedule 11 to the Local Government Finance Act 1988;

(b)England is to be treated as the area for which the Valuation Tribunal for England is established.”

Local Government Finance Act 1992 (c. 14)

7(1)Section 69 of the Local Government Finance Act 1992 (interpretation etc of Part 1) is amended in accordance with this paragraph.

(2)In subsection (1), for the definition of “valuation tribunal” substitute—

““valuation tribunal” means—

(a)in relation to England: the Valuation Tribunal for England;

(b)in relation to Wales: a valuation tribunal established under paragraph 1 of Schedule 11 to the 1988 Act.”

Tribunals and Inquiries Act 1992 (c. 53)

8(1)Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals) is amended in accordance with this paragraph.

(2)In entry 28, for “Valuation tribunals established” substitute “The Valuation Tribunal for England and the valuation tribunals established in relation to Wales”.

Finance Act 2003 (c. 14)

9(1)Section 78A of the Finance Act 2003 (disclosure of information contained in land transaction returns) is amended in accordance with this paragraph.

(2)In subsection (1)(b), omit “established under Schedule 11 to the Local Government Finance Act 1988”.

(3)After subsection (3) insert—

“(4)In this section “valuation tribunal” means—

(a)in relation to England: the Valuation Tribunal for England;

(b)in relation to Wales: a valuation tribunal established under paragraph 1 of Schedule 11 to the Local Government Finance Act 1988.”

Local Government Act 2003 (c. 26)

10The Local Government Act 2003 is amended as follows.

11(1)Section 105 (the Valuation Tribunal Service) is amended in accordance with this paragraph.

(2)In subsection (2)—

(a)for “valuation tribunals in England” substitute “the Valuation Tribunal for England (referred to in this section and Schedule 4 as “the Tribunal”)”;

(b)in paragraph (a) for “tribunals” substitute “the Tribunal”;

(c)in paragraph (a)(ii) for “clerks to tribunals” substitute “the clerk of the Tribunal”;

(d)in paragraph (a)(v) for “(including clerks to) tribunals” substitute “the Tribunal (including the clerk of the Tribunal)”;

(e)after paragraph (a) insert—

“(aa)making payments in accordance with paragraph A14 of Schedule 11 to the Local Government Finance Act 1988;”;

(f)in paragraph (b) for “tribunals” substitute “the Tribunal”.

(3)In subsection (5)—

(a)for “valuation tribunals” substitute “the Tribunal”;

(b)for “their” substitute “its”.

(4)In subsection (6)—

(a)for “valuation tribunals” substitute “the Tribunal”;

(b)for “the Tribunals concerned” substitute “the President of the Tribunal”.

12In section 124 (general interpretation), omit the definition of “valuation tribunal”.

13(1)Schedule 4 (the Valuation Tribunal Service) is amended in accordance with this paragraph.

(2)In paragraph 1 (membership)—

(a)after sub-paragraph (1) insert—

“(1A)The Secretary of State must appoint the person who is for the time being President of the Tribunal as one of the members of the Service (unless that person is already a member of the Service).”;

(b)for sub-paragraph (3)(a) substitute—

“(a)a majority are senior members of the Tribunal, and”.

(3)In paragraph 3 (tenure of office)—

(a)after sub-paragraph (1) insert—

“(1A)The person who is for the time being President of the Tribunal shall hold office as a member of the Service for as long as he remains President of the Tribunal.”;

(b)in sub-paragraph (2) after “A person” insert “other than the President of the Tribunal”.

(4)In paragraph 4 (cessation of membership), for sub-paragraph (1)(b) substitute—

“(b)he ceases to be President of the Tribunal (whether or not he was appointed to the Service by virtue of being President),

(ba)having been a Vice-President of the Tribunal, or a member of the panel of chairmen of the Tribunal, at the time of his appointment, he ceases to hold that office without being appointed to another of the senior offices of the Tribunal, or”.

(5)For paragraph 9 substitute—

“9The Service shall not appoint an employee to be the clerk of the Tribunal without the consent of the President of the Tribunal.”

(6)In paragraph 27 (interpretation), after the definition of “financial year” insert—

““senior member of the Tribunal” means a person holding one of the senior offices of the Tribunal;

“senior offices of the Tribunal” means any of these offices—

(a)President of the Tribunal;

(b)Vice-President of the Tribunal;

(c)member of the panel of chairmen of the Tribunal.”

Constitutional Reform Act 2005 (c. 4)

14The Constitutional Reform Act 2005 is amended as follows.

15(1)Schedule 7 (protected functions of the Lord Chancellor) is amended in accordance with this paragraph.

(2)In Part A of that Schedule (general), insert at the appropriate place—

“Local Government Finance Act 1988

• Schedule 11, paragraph A7”

16(1)Schedule 14 (Judicial Appointments Commission: relevant offices and enactments) is amended in accordance with this paragraph.

(2)In Part 3 of the Schedule, insert at the appropriate place—

Section 235

SCHEDULE 17Powers of National Assembly for Wales

1Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly measures) is amended in accordance with this Schedule.

2In Part 1, after the heading “Field 12: local government” insert—

“Matter 12.1

• Provision for and in connection with—

  (a)

  the constitution of new principal areas and the abolition or alteration of existing principal areas, and

  (b)

  the establishment of councils for new principal areas and the abolition of existing principal councils.

• “Principal area” means a county borough or a county in Wales, and “principal council” means a council for a principal area.

Matter 12.2

• Provision for and in connection with—

  (a)

  the procedure for the making and coming into force of byelaws, and

  (b)

  the enforcement of byelaws.

• “Byelaws” means those of a class which may be confirmed by the Welsh Ministers (but the provision which may be made includes provision to remove a requirement of confirmation).

Matter 12.3

• Any of the following—

  (a)

  the principles which are to govern the conduct of members of relevant authorities,

  (b)

  codes of conduct for such members,

  (c)

  the conferral on any person of functions relating to the promotion or maintenance of high standards of conduct of such members (including the establishment of bodies to have such functions),

  (d)

  the making or handling of allegations that members (or former members) of relevant authorities have breached standards of conduct, including in particular—

  (i)

  the investigation and adjudication of such allegations and reports on the outcome of investigations,

  (ii)

  the action that may be taken where breaches are found to have occurred,

  (e)

  codes of conduct for employees of relevant authorities.

• For the purposes of this matter—

  • “relevant authority” has the same meaning as in Part 3 of the Local Government Act 2000, except that other than in paragraph (d) it does not include a police authority,

  • “member” includes a co-opted member within the meaning of that Part.

Matter 12.4

• Provision for and in connection with strategies of county councils and county borough councils for promoting or improving the economic, social or environmental well-being of their areas or contributing to the achievement of sustainable development in the United Kingdom, including provision imposing requirements in connection with such strategies on other persons with functions of a public nature.

Matter 12.5

• Provision for and in connection with—

  (a)

  the making of arrangements by relevant Welsh authorities to secure improvement in the way in which their functions are exercised,

  (b)

  the making of arrangements by relevant Welsh authorities for the involvement in the exercise of their functions of people who are likely to be affected by, or interested in, the exercise of the functions, and

  (c)

  the assessment and inspection of the performance of relevant Welsh authorities in exercising their functions.

• The following are “relevant Welsh authorities”—

  (a)

  a county council, county borough council or community council in Wales,

  (b)

  a National Park authority for a National Park in Wales,

  (c)

  a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,

  (d)

  a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 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,

  (e)

  a body to which section 75 of that Act applies (special levies) and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in Wales.”

3In Part 2, after paragraph 2 insert—

“Police areas

2AA provision of an Assembly Measure cannot make any alteration in police areas.”

4In Part 3, after paragraph 7 insert—

“Police areas

7APart 2 does not prevent a provision of an Assembly Measure making an alteration to the boundary of a police area in Wales if the Secretary of State consents to the provision.”

Section 241

SCHEDULE 18Repeals

Part 1Structural and boundary change

Part 2Electoral arrangements

Part 3Executive arrangements

Part 4Parishes

Part 5Community strategies

Part 6Overview and scrutiny committees

Part 7Byelaws

Part 8Best value

Part 9Change of name of the Audit Commission

Part 10Interaction of the Audit Commission with other authorities

Part 11Studies and reports etc of the Audit Commission

Part 12Audit Commission and auditors: miscellaneous

Part 13Auditor General for Wales and auditors

Part 14The Commission for Local Administration in England

Part 15Ethical standards

Part 16Entities controlled etc by local authorities

Part 17Valuation tribunals

Part 18Patient and public involvement in health

Part 19Contracting out