Office of Public Sector Information
PART 8 continued CHAPTER 1 continued
(2) Where the Assembly makes an order under subsection (1), it may by order—
(a) make provision modifying, in relation to elections in Wales in 2004—
(i) section 89(1) or (2) of the Local Government Act 1972 (c. 70) (holding of elections to fill casual vacancies in the office of councillor for a principal area), or
(ii) rules made for the purposes of section 89(6) of that Act (which provides for casual vacancies in the office of community councillor to be filled in accordance with rules under section 36 of the Representation of the People Act 1983);
(b) make provision disapplying section 16(1) of the Representation of the People Act 1985 (c. 50) (which postpones for 3 weeks the poll at an election of community councillors where the date of the poll at a European Parliamentary general election and the ordinary day of election for councillors in England and Wales are the same) in relation to elections in Wales in 2004.
(3) Where the Secretary of State makes an order under section 103, the National Assembly for Wales may by order make in relation to elections in Wales such consequential provision, including provision excluding or modifying the application of any enactment, as it thinks fit.
(4) Before making an order under this section, the National Assembly for Wales must consult—
(a) the Electoral Commission, and
(b) such other persons or bodies as it considers appropriate.
(5) Subsection (4) may be satisfied by consultation before, as well as by consultation after, the commencement of this section.
(6) In subsection (1), “local government area” has the same meaning as in the Representation of the People Act 1983 (c. 2).
(7) In subsection (3) “enactment” includes an enactment comprised in secondary legislation within the meaning of the Interpretation Act 1978 (c. 30).
(1) There shall be a body corporate to be known as the Valuation Tribunal Service (referred to in this section, section 106 and Schedules 4 and 5 as “the Service”).
(2) The Service shall have the following functions in relation to valuation tribunals in England—
(a) providing, or arranging for the provision of, the services required for the operation of tribunals, in particular—
(i) accommodation,
(ii) staff (including clerks to tribunals),
(iii) information technology,
(iv) equipment, and
(v) training for members and staff of (including clerks to) tribunals;
(b) giving general advice about procedure in relation to proceedings before tribunals.
(3) The Service shall provide the Secretary of State with such information, advice and assistance as he may require.
(4) The Service may do anything which it considers is calculated to facilitate, or is conducive or incidental to, the carrying-out of its functions.
(5) The Service shall carry out its functions with respect to valuation tribunals in the manner which it considers best calculated to secure their efficient and independent operation.
(6) The Service shall, in relation to its functions with respect to valuation tribunals, consult the tribunals concerned about the carrying-out of its functions.
(7) The Secretary of State may—
(a) after consultation with the Service, give directions to it for the purpose of securing the effective carrying-out of its functions, and
(b) issue guidance to the Service about the carrying-out of its functions.
(8) The Service shall, in carrying out its functions—
(a) comply with any directions under subsection (7)(a), and
(b) have regard to any guidance under subsection (7)(b).
(9) Schedule 4 (which makes further provision about the Service) has effect.
(1) The Secretary of State may make one or more schemes for the transfer to the Service of—
(a) such of his property, rights and liabilities, or
(b) such of the property, rights and liabilities of a valuation tribunal in England,
as appear to him to be appropriate to be transferred for the performance of the Service’s functions.
(2) On the day appointed by a transfer scheme for the coming into force of the scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this subsection, be transferred in accordance with the provisions of the scheme.
(3) Schedule 5 (which makes further provision in relation to transfer schemes) has effect.
(1) The Audit Commission Act 1998 (c. 18) is amended as follows.
(2) In section 11(4) (body subject to audit must consider section 8 report or section 11(3) recommendation within four months of its being sent), for “four months” there is substituted “one month”.
(3) In section 11(6) (auditor’s power to extend time limit), for “four months” there is substituted “one month”.
(4) In section 11A(8) (Mayor and Assembly must consider section 8 report or section 11(3) recommendation within four months of its being sent to the Greater London Authority), for “four months” substitute “one month”.
(5) In section 11A(9) (auditor’s power to extend time limit), for “four months” there is substituted “one month”.
After section 13 of the Audit Commission Act 1998 (c. 18) there is inserted—
(1) This section applies where under section 10(1) an auditor has sent a report that is not an immediate report to a body or its chairman, except where the body is a health service body.
(2) The auditor may—
(a) notify any person he thinks fit of the fact that he has made the report,
(b) publish the report in any way he thinks fit, and
(c) supply a copy of the report, or of any part of it, to any person he thinks fit.
(3) From the time when the report is sent under section 10(1), but subject to subsection (4)—
(a) the auditor shall ensure that any member of the public may—
(i) inspect the report at all reasonable times without payment, and
(ii) make a copy of the report or of any part of it;
(b) any member of the public may require the auditor to supply him with a copy of the report, or of any part of it, on payment of a reasonable sum.
(4) From the end of the period of one year beginning with the day when the report is sent under section 10(1), the obligations of the auditor under subsection (3)—
(a) cease to be his obligations, but
(b) become obligations of the Commission instead.”
(1) After section 41 of the Audit Commission Act 1998 there is inserted—
(1) The Commission may carry out an inspection of—
(a) the quality of services provided by a registered social landlord;
(b) a registered social landlord’s arrangements for securing continuous improvement in the efficiency, effectiveness and economy with which it provides services.
(2) Where the Commission has carried out an inspection under subsection (1) it shall issue a report.
(3) A report under subsection (2) shall mention any matter that, as a result of the inspection, the Commission considers should be drawn specifically to the attention of the Relevant Authority.
(4) The Commission—
(a) shall send a copy of a report under subsection (2) to the registered social landlord concerned and to the Relevant Authority;
(b) may publish a report under subsection (2) and any information in respect of a report.
(5) Section 11 of the Local Government Act 1999 (best value inspections under section 10: inspectors' powers and duties, and offences) shall apply for the purposes of an inspection of a registered social landlord under subsection (1) of this section as it applies for the purposes of an inspection of a best value authority under section 10 of that Act.
(6) The Commission shall, when drawing up any programme of inspections under subsection (1), consult the Relevant Authority.
(1) The appropriate person may by order make provision of any of the following kinds in relation to the charging of fees by the Commission in respect of inspections under section 41A(1)—
(a) provision authorising the Commission to prescribe a scale or scales of fees in respect of inspections;
(b) provision governing the prescribing of scales;
(c) provision requiring a registered social landlord inspected under section 41A(1) to pay to the Commission any fee applicable to the inspection in accordance with a scale prescribed under provision of the kind mentioned in paragraph (a);
(d) such incidental, consequential or supplementary provision as the appropriate person thinks necessary or expedient.
(2) In subsection (1) “the appropriate person” means—
(a) in relation to registered social landlords for which the Housing Corporation is the Relevant Authority, the Secretary of State, and
(b) in relation to registered social landlords for which the National Assembly for Wales is the Relevant Authority, the Assembly.
(3) The Secretary of State shall, before making an order under subsection (1), consult—
(a) the Commission and the Housing Corporation, and
(b) persons appearing to the Secretary of State to represent registered social landlords affected by his proposals.
(4) The National Assembly for Wales shall, before making an order under subsection (1), consult—
(a) the Commission, and
(b) persons appearing to the Assembly to represent registered social landlords affected by its proposals.
(5) The Commission shall, before prescribing a scale of fees that it is authorised to prescribe by an order under subsection (1) made by the Secretary of State, consult—
(a) the Secretary of State and the Housing Corporation, and
(b) persons appearing to the Commission to represent registered social landlords affected by its proposals.
(6) The Commission shall, before prescribing a scale of fees that it is authorised to prescribe by an order under subsection (1) made by the National Assembly for Wales, consult—
(a) the Assembly, and
(b) persons appearing to the Commission to represent registered social landlords affected by its proposals.”
(2) In section 52(1) of that Act (orders and regulations to be made by statutory instrument), after “the Secretary of State” there is inserted “or the National Assembly for Wales”.
(3) In paragraph 8(2) of Schedule 1 to that Act (categories of function in respect of which Commission must over time balance income and expenditure), after paragraph (c) there is inserted—
“(ca) its functions under section 41A relating to such landlords;”.
(4) After paragraph 8 of that Schedule there is inserted—
“8A Each of—
(a) the Secretary of State, and
(b) the National Assembly for Wales,
may make grants to the Commission in respect of expenditure incurred or to be incurred by the Commission in connection with the carrying-out of its functions under section 41A.”
(1) In Schedule 1 to the Audit Commission Act 1998 (c. 18) (which makes provision about the Commission’s financial affairs), in paragraph 11(5) (which defines “financial year” for the purposes of the Schedule as the 12 months ending with 31st October in any year) for “31st October” there is substituted “31st March”.
(2) Subsection (1) shall apply in relation to financial years of the Commission beginning after the one in which this section comes into force.
(3) In relation to the financial year of the Commission in which this section comes into force, Schedule 1 to the Audit Commission Act 1998 shall have effect as if the period referred to in paragraph 11(5) were a period beginning with the 1st November on which the year began and ending with the 31st March 17 months later.
(4) In this section, “the Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales.
After paragraph 11 of Schedule 1 to the Audit Commission Act 1998, there is inserted—
11A The Commission may delegate any of its functions to—
(a) a committee or sub-committee established by the Commission (including a committee or sub-committee including persons who are not members of the Commission), or
(b) an officer or servant of the Commission.”
In Schedule 4 to the Local Government Act 2000 (c. 22) (Standards Board for England), after paragraph 9 there is inserted—
9A The Standards Board may delegate any of its functions to—
(a) a committee or sub-committee established by the Board,
(b) an individual member of the Board, or
(c) an officer or servant of the Board.”
(1) In Chapter 1 of Part 3 of the Local Government Act 2000 (conduct of local government members), after section 54 there is inserted—
(1) A standards committee of a relevant authority may appoint one or more sub-committees for the purpose of discharging any of the committee’s functions, whether or not to the exclusion of the committee.
(2) Subsection (1) does not apply to functions under section 55 or 56.
(3) A sub-committee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed.
(4) As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority in England or of a police authority in Wales—
(a) regulations under section 53(6)(a) and (c) to (g) may make provision in relation to such sub-committees, and
(b) sections 53(7), (8) and (10) and 54(4) and (6) apply in relation to such sub-committees as they apply in relation to standards committees.
(5) As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority in Wales other than a police authority—
(a) regulations under section 53(11) may make provision in relation to such sub-committees, and
(b) section 54(5) and (7) apply in relation to such sub-committees as they apply in relation to standards committees.
(6) Subject to any provision made by regulations under section 53(6)(a) or (11)(a) (as applied by this section)—
(a) the number of members of a sub-committee under subsection (1), and
(b) the term of office of those members,
are to be fixed by the standards committee by which the sub-committee is appointed.”
(2) In Chapter 5 of that Part (conduct in local government: supplementary), after section 82 there is inserted—
(1) This section applies to functions of a monitoring officer of a relevant authority in relation to matters referred to him under section 60(2), 64(2), 70(4) or 71(2).
(2) Where the monitoring officer considers that in a particular case he himself ought not to perform particular functions to which this section applies, those particular functions shall in that case be performed personally by a person nominated for the purpose by the monitoring officer.
(3) Where a deputy nominated by the monitoring officer under section 5(7) of the Local Government and Housing Act 1989 (nomination of member of monitoring officer’s staff to act as deputy when monitoring officer absent or ill) considers that in a particular case he himself ought not to perform particular functions—
(a) to which this section applies, and
(b) which, by reason of the absence or illness of the monitoring officer, would but for this subsection fall to be performed by the deputy,
those particular functions shall, while the monitoring officer continues to be unable to act by reason of absence or illness, be performed in that case personally by a person nominated for the purpose by the deputy.
(4) Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is an officer of the relevant authority, the authority shall provide the officer with such staff, accommodation and other resources as are, in the officer’s opinion, sufficient to allow those functions to be performed.
(5) Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is not an officer of the relevant authority, the authority shall—
(a) pay the person a reasonable fee for performing the functions,
(b) reimburse expenses properly incurred by the person in performing the functions, but only to the extent that the amount of the expenses is reasonable, and
(c) provide the person with such staff, accommodation and other resources as are reasonably necessary for the person’s performance of the functions.”
(3) In section 5 of the Local Government and Housing Act 1989 (c. 42) (designation etc. of monitoring officers), after subsection (7) there is inserted—
“(7A) Subsection (7) above shall have effect subject to section 82A of the Local Government Act 2000 (monitoring officers: delegation of functions under Part 3 of that Act).”
(1) In paragraph 4(1) of Schedule 7 to the Political Parties, Elections and Referendums Act 2000 (c. 41) (matters that are not donations), after paragraph (a) there is inserted—
“(aa) remuneration allowed to an employee by his employer if the employee is a member of a local authority and the remuneration is in respect of time the employer permits the employee to take off during the employee’s working hours for qualifying business—
(i) of the authority,
(ii) of any body to which the employee is appointed by, or is appointed following nomination by, the authority or a group of bodies that includes the authority, or
(iii) of any other body if it is a public body;”.
(2) In paragraph 4 of that Schedule, after sub-paragraph (3) there is inserted—
“(4) In sub-paragraph (1)(aa)—
“employee” and “employer”—
in relation to England and Wales, and Scotland, have the same meaning as in the Employment Rights Act 1996, and
in relation to Northern Ireland, have the same meaning as in the Employment Rights (Northern Ireland) Order 1996;
“local authority” means a local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council;
“working hours” of an employee—
in relation to England and Wales, and Scotland, has the same meaning as in section 50 of the Employment Rights Act 1996, and
in relation to Northern Ireland, has the same meaning as in Article 78 of the Employment Rights (Northern Ireland) Order 1996;
“qualifying business”, in relation to a body, means—
the doing of anything for the purpose of the discharge of the functions of the body or of any of its committees or sub-committees, and
where the body is a local authority operating executive arrangements within the meaning of Part 2 of the Local Government Act 2000 and arrangements exist for functions of any other body to be discharged by the authority’s executive or any committee or member of the executive, the doing of anything for the purpose of the discharge of those functions.”
(3) Subsections (1) and (2) shall be deemed to have come into force on 16th February 2001.
(4) The Electoral Commission shall remove from the register kept by it under section 69 of the Political Parties, Elections and Referendums Act 2000 (c. 41) any entry that they would not have been required to make had subsections (1) and (2) actually been in force throughout the period beginning with 16th February 2001 and ending with the passing of this Act.
In Schedule 1 to the Local Government Act 2000 (c. 22) (further provision about executive arrangements), after paragraph 11 there is inserted—
12 (1) A local authority in England may permit a co-opted member of an overview and scrutiny committee of the authority to vote at meetings of the committee.
(2) Permission under sub-paragraph (1) may only be given in accordance with a scheme made by the local authority.
(3) A scheme for the purposes of this paragraph may include—
(a) provision for a maximum or minimum in relation to the number of co-opted members of an overview and scrutiny committee entitled to vote at meetings of the committee, and
(b) provision for giving effect to any maximum or minimum established under paragraph (a).
(4) The power to make a scheme for the purposes of this paragraph includes power to vary or revoke such a scheme.
(5) In this paragraph, references to a co-opted member, in relation to an overview and scrutiny committee of a local authority, are to a member of the committee who is not a member of the authority.
13 (1) The Secretary of State may by regulations make provision about the exercise of the powers under paragraph 12.
(2) Regulations under sub-paragraph (1) may, in particular, require schemes for the purposes of paragraph 12 (“voting rights schemes”)—
(a) to provide for permission to be given only by means of approving a proposal by the committee concerned;
(b) to provide for a proposal for the purposes of the scheme (“a scheme proposal”) to specify—
(i) the person to whom the proposal relates,
(ii) the questions on which it is proposed he should be entitled to vote, and
(iii) the proposed duration of his entitlement to vote,
and to include such other provision about the form and content of such a proposal as the regulations may provide;
(c) to provide for a scheme proposal to be made only in accordance with a published statement of the policy of the committee concerned about the making of such proposals;
(d) to include such provision about the procedure to be followed in relation to the approval of scheme proposals as the regulations may provide.
(3) Regulations under sub-paragraph (1) may include provision for the notification to the Secretary of State by local authorities of the making, variation or revocation of voting rights schemes.
(4) The Secretary of State may by direction require a local authority to vary a voting rights scheme.
14 (1) A local authority which makes a scheme for the purposes of paragraph 12 shall, while the scheme is in force, make copies of it available at its principal office at all reasonable hours for inspection by members of the public.
(2) If a local authority makes a scheme for the purposes of paragraph 12, or varies or revokes such a scheme, it must as soon as reasonably practicable after doing so publish in one or more newspapers circulating in its area a notice which complies with this paragraph.
(3) In the case of the making of a scheme, the notice under sub-paragraph (2) shall—
(a) record the making of the scheme,
(b) describe what it does,
(c) state that copies of it are available for inspection at the principal office of the local authority, and
(d) specify—
(i) the address of that office, and
(ii) the times when the scheme is available for inspection there.
(4) In the case of the variation of a scheme, the notice under sub-paragraph (2) shall—
(a) record the variation,
(b) describe what it does,
(c) state that copies of the scheme as varied are available for inspection at the principal office of the local authority, and
(d) specify—
(i) the address of that office, and
(ii) the times when the scheme is available for inspection there.
(5) In the case of the revocation of a scheme, the notice under sub-paragraph (2) shall record the revocation.”
(1) A local authority may conduct a poll to ascertain the views of those polled about—
(a) any matter relating to—
(i) services provided in pursuance of the authority’s functions, or
(ii) the authority’s expenditure on such services, or
(b) any other matter if it is one relating to the authority’s power under section 2 of the Local Government Act 2000 (c. 22) (authority’s power to promote well-being of its area).
(2) It shall be for the local authority concerned to decide—
(a) who is to be polled, and
(b) how the poll is to be conducted.
(3) In conducting a poll under this section, a local authority must have regard to any guidance issued by the appropriate person on facilitating participation in a poll under this section by such of those polled as are disabled people.
(4) This section is without prejudice to any powers of a local authority exercisable otherwise than by virtue of this section.
(5) In this section, “local authority” means—
(a) in relation to England—
(i) a county council;
(ii) a district council;
(iii) a London borough council;
(iv) the Greater London Authority;
(v) the Common Council of the City of London in its capacity as a local authority;
(vi) the Council of the Isles of Scilly, and
(b) in relation to Wales, a county council or a county borough council.
Local Government Act 2003