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Explanatory Notes

Local Government and Public Involvement in Health Act 2007

2007 CHAPTER 28

Contents

  1. Introduction

  2. Background

  3. Structure of the Act

  4. Territorial Extent

  5. Territorial Application: Wales

  6. Commentary on Sections

    1. Part 1: Structural and Boundary Change in England

      1. Introduction

        1. Chapter 1: Structural and Boundary Change

      2. Boundary change

        1. Section 8: Review by Boundary Committee of local government areas

        2. Section 9: Boundary Committee’s review: consultation etc

        3. Section 10: Implementation of recommendations by order

      3. Implementation of changes

        1. Section 11: Implementation orders: provision that may be included

        2. Section 12: Provision relating to membership etc of authorities

        3. Section 13: Implementation orders: further provision

        4. Section 14: Regulations for supplementing orders

        5. Section 15: Incidental etc provision in orders or regulations

        6. Section 16: Agreements about incidental matters

        7. Section 17: Residuary bodies

        8. Section 18: Staff Commissions

        9. Section 19: Certain county councils to be billing authorities

      4. Supplementary

        1. Section 20: Correction of orders

        2. Section 21: Pre-commencement invitations etc

        3. Section 22: Consequential Amendments

        4. Section 23: Definitions for the purposes of Chapter 1

        5. Chapter 2: Control of Disposals Etc

    2. Part 2: Electoral Arrangements

      1. Introduction

        1. Chapter 1: Power of District Councils in England to Change Electoral Scheme

      2. Power of district councils to change to whole-council elections

        1. Section 32: Resolution for whole-council elections

        2. Section 33: Resolution for whole-council elections: requirements

        3. Section 34: Scheme for whole-council elections

        4. Sections 35 and 36: Publicity and Notice to the Electoral Commission

      3. Power of district councils to revert to partial-council elections

        1. Section 37: Resolution for elections by halves

        2. Section 38: Resolution for elections by halves: requirements

        3. Section 39: Resolution for elections by thirds

        4. Section 40: Resolutions for elections by thirds: requirements

        5. Sections 41 and 42: Publicity for resolution and Notice to Electoral Commission

        6. Section 43: Electoral Commission to consider whether electoral review is necessary

        7. Section 44: Electoral Commission to make order for new electoral scheme

        8. Section 45: Order for elections by halves: years in which elections are to be held

        9. Section 46: Order for elections by halves: councillors to be elected at ordinary elections

        10. Section 47: Order for elections by thirds: years in which elections are to be held

        11. Section 48: Order for elections by thirds: councillors to be elected at ordinary elections

        12. Section 49: Order for elections by halves or elections by thirds: transitional provision

        13. Section 50: Powers of Electoral Commission to make incidental etc provision

        14. Section 51: Position if Electoral Commission act under existing powers

        15. Section 52: Publicity for order by Electoral Commission

      4. Power of district councils to alter years of ordinary elections of parish councillors

        1. Section 53: Power of council to alter years of ordinary elections of parish councillors

      5. Amendment of existing provisions about schemes for ordinary elections

        1. Section 54: Amendment of existing provisions about schemes for ordinary elections

        2. Chapter 2: Miscellaneous

      6. Electoral Commission and Boundary Committee: reviews and recommendations

        1. Section 56: Electoral Commission and Boundary Committee: reviews and recommendations

        2. Section 57: Procedure in connection with reviews

      7. Electoral areas in England

        1. Section 58: Metropolitan districts: councillors per ward

        2. Section 59: Change of name of electoral area

      8. Election dates

        1. Section 60: Power to change date of local elections to date of European Parliamentary general election

        2. Chapter 3: Consequential Amendments

    3. Part 3: Executive Arrangements for England

      1. Introduction

      2. Executive Arrangements for England

        1. Section 62: Executive arrangements for England

        2. Section 63: Discharge of functions

        3. Section 64: Changing governance arrangements

        4. Section 65: Referendum following petition

        5. Section 66: Elected mayors

        6. Section 67: Leader and cabinet executives (England)

        7. Section 68: Power to make incidental, consequential provision etc

        8. Section 69: Time limit for holding further referendum

        9. Section 70: Interpretation

        10. Section 71: Larger authorities to cease operating alternative arrangements

        11. Section 72: Failure to cease operating alternative arrangements

        12. Section 73: Sections 71 and 72: supplementary

        13. Section 74: Further amendments & transitional provision

    4. Part 4: Parishes

      1. Introduction

        1. Chapter 1: Parishes

        2. Chapter 2: Power to Promote Well-Being

        3. Chapter 3: Reorganisation

      2. Undertaking community governance reviews

        1. Section 82: Council’s power to undertake review

        2. Section 83: No review being undertaken: duty to respond to petition

        3. Section 84: Review being undertaken: duty to respond to petition

        4. Section 85: Power to respond to petition

      3. Reorganisation of community governance

        1. Section 86: Reorganisation of community governance

      4. Recommendations of review

        1. Section 87: Constitution of new parish

        2. Section 88: Existing parishes under review

        3. Sections 89 and 90: New or retained councils: consequential recommendations

        4. Section 91: Grouping or de-grouping parishes

        5. Section 92: County, district or London borough: consequential recommendations

      5. Duties of council undertaking review

        1. Section 93: Duties when undertaking a review

        2. Section 94: Recommendations to create parish councils

        3. Section 95: Electoral recommendations: general considerations

      6. Publicising outcome of review

        1. Section 96: Publicising outcome

      7. Miscellaneous

        1. Section 97: Supplementary regulations

        2. Section 98: Orders and regulations under this Chapter

        3. Section 99: Agreements about incidental matters

        4. Section 100: Guidance

        5. Section 102: Interpretation

    5. Part 5: Co-Operation of English Authorities With Local Partners, Etc

      1. Introduction

        1. Chapter 1: Local Area Agreements and Community Strategies

        2. Chapter 2: Overview and Scrutiny Committees

    6. Part 6: Byelaws

      1. Introduction

        1. Section 129: Alternative procedure for byelaws

        2. Section 130: Fixed penalties for breach of byelaws

        3. Section 131: Use of fixed penalty receipts

        4. Section 132: Guidance

        5. Section 133: Community support officers etc

        6. Section 134: Revocation of byelaws

        7. Section 135: Further amendments relating to byelaws

    7. Part 7: Best Value

      1. Introduction

      2. Best value authorities

        1. Section 136: Parish councils and community councils etc not to be best value authorities

      3. Duties of best value authorities

        1. Section 137: Guidance about general best value duty

        2. Section 138: Involvement of local representatives

        3. Section 139: Abolition of performance indicators etc except for Welsh authorities

        4. Section 140: Abolition of best value performance reviews

      4. Powers to modify enactments etc

        1. Section 141: Consultation with and consent of Welsh Ministers

        2. Section 142: Power of Welsh Ministers to modify enactments obstructing best value etc

      5. Other

        1. Section 143: Grants to promote or facilitate exercise of functions by best value authorities

        2. Section 144: Best value: minor and consequential amendments

    8. Part 8: Local Services: Inspection and Audit

      1. Introduction

        1. Chapter 1: Constitution of the Audit Commission

        2. Chapter 2: Audit Commission and Auditors: Functions and Procedure

      2. Interaction with other authorities

        1. Section 149: Interaction of the Audit Commission with other authorities

        2. Section 150: Interaction of benefits inspectors with the Audit Commission

      3. Inspections and audit

        1. Section 151: Powers of auditors and inspectors to obtain information

        2. Section 152: Inspections of best value authorities

      4. Studies and reports etc

        1. Section 153: National studies

        2. Section 154: Studies at request of particular bodies

        3. Section 155: Registered Social Landlords

        4. Section 156: Information about performance standards of local authorities etc

        5. Section 157: Reports on English local authorities

        6. Section 158: Reports categorising English local authorities

      5. Miscellaneous

        1. Section 159: Appointment of auditors

        2. Section 160: Inspection and disclosure of personal information

        3. Section 161: Right to make objections at audit

        4. Section 162: Appointment of auditor to carry out agreed audits

        5. Section 163: Consent for the purposes of agreed audit

        6. Section 164: Disclosure of information obtained by the Audit Commission or an auditor

        7. Section 165: Publication of information by the Audit Commission

        8. Chapter 3: Auditor General for Wales and Auditors

    9. Part 9: the Commission for Local Administration in England

      1. Introduction

        1. Section 168: Appointment and removal of Commissioners

        2. Section 169: Responsibilities of Commissioners

        3. Section 170: Annual reports

        4. Section 171: Power to investigate

        5. Section 172: Authorities subject to investigation

        6. Section 173: Matters subject to investigation

        7. Section 174: Complaints and matters coming to Commissioners’ attention

        8. Section 175: Reports and statements of reasons

        9. Section 176: Power of Commissioners to make recommendations etc

        10. Section 177: Publication of reports etc by Commissioners

        11. Section 178: Making complaints etc electronically

        12. Section 179: Disqualifications

        13. Section 180: Expenses of the Commission

        14. Section 181: Delegation

        15. Section 182: Minor and consequential amendments

    10. Part 10: Ethical Standards

      1. Introduction

        1. Chapter 1: Conduct of Local Authority Members

      2. Conduct of members of authorities in England: assessment of allegations

        1. Section 185: Assessment of allegations

        2. Section 186: Information to be provided to Standards Board by relevant authority

      3. Conduct of local authority members: miscellaneous amendments

        1. Section 187: Chairmen of standards committees

        2. Section 188: Sub-committees of standards committees

        3. Section 189: Joint committees of relevant authorities in England

        4. Section 190: Standards Board for England: functions

        5. Section 191: Ethical standards officers: investigations and findings

        6. Section 192: Ethical standards officers: reports etc

        7. Section 193: Disclosure by monitoring officers of ethical standards officers’ reports

        8. Section 194: Matters referred to monitoring officers

        9. Section 195: References to Adjudication Panel for action in respect of misconduct

        10. Section 196: Consultation with ombudsmen

        11. Section 197: Interim case tribunals

        12. Section 198: Case tribunals: England

        13. Section 199: Case tribunals: Wales

        14. Section 200: Exemption from Data Protection Act 1998

        15. Section 201: Supplementary and consequential provision

        16. Chapter 2: Employees

    11. Part 11: Joint Waste Authorities

      1. Introduction

        1. Section 205: Proposals for joint waste authorities in England

        2. Section 206: Consultation

        3. Section 207: Implementation of proposals by order

        4. Section 208: Membership of joint waste authorities

        5. Section 209: Consequential amendments

        6. Section 210: Joint waste authorities in Wales

        7. Section 211: Interpretation

    12. Part 12: Entities Controlled Etc by Local Authorities

      1. Introduction

        1. Sections 212 and 213: Entities controlled etc by local authorities; Trusts

        2. Section 214: Further provision about orders

        3. Section 215: Exemptions from orders

        4. Section 216: Consequential amendments

        5. Sections 217 and 218: Definition of certain terms in amended enactments: England and Wales

    13. Part 13: the Valuation Tribunal for England

      1. Introduction

        1. Section 219: Establishment of the Tribunal

        2. Section 220: Consequential and transitional provision etc

    14. Part 14: Patient and Public Involvement in Health and Social Care

      1. Introduction

      2. Local involvement networks

        1. Section 221: Health services and social services: local involvement networks

        2. Section 222: Arrangements under section 221(1)

        3. Section 223: Arrangements: power to make further provision

        4. Section 224: Duties of services-providers to respond to local involvement networks

        5. Section 225: Duties of services-providers to allow entry by local involvement networks

        6. Section 226: Local involvement networks: referrals of social care matters

        7. Section 227: Local involvement networks: annual reports

        8. Section 228: Transitional arrangements

        9. Section 229: Sections 221 to 228: interpretation and supplementary

      3. Abolition of Patients' Forums etc

        1. Section 230: Abolition of functions of Patients’ Forums

        2. Section 231: Abolition of Patients’ Forums

        3. Section 232: Abolition of Commission for Patient and Public Involvement in Health

      4. Consultation about health services

        1. Section 233: Duty to involve users of health services

        2. Section 234: Reports on consultation

    15. Part 15: Powers of National Assembly for Wales

      1. Introduction

        1. Section 235: Powers of National Assembly for Wales

    16. Part 16: Miscellaneous

      1. Exercise of functions by members of local authorities in England

        1. Section 236: Exercise of functions by local councillors in England

        2. Section 237: Exercise of functions under section 236: records

      2. Accounting

        1. Section 238: Amendments relating to capital finance and accounting practices

      3. Contracting Out

        1. Section 239: Contracting out

    17. Part 17: Final Provisions

      1. Schedule 1: Structural and boundary change: consequential amendments

      2. Schedule 2: Electoral arrangements: consequential amendments

      3. Schedule 3: Executives: further amendments

      4. Schedule 4: New arrangements for executives: transitional provision

      5. Schedule 5: Parishes: further amendments

      6. Schedule 6: Byelaws: further amendments

      7. Schedule 7: Amendments consequential on removing parish councils etc from best value duties

      8. Schedule 8: Best value: minor and consequential amendments

      9. Schedule 9: Consequential amendments relating to the change of name of the Audit Commission

      10. Schedule 10: Benefits Fraud Inspectorate: transfer schemes

      11. Schedule 11: Schedule to be inserted in Audit Commission Act 1998

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

      13. Schedule 13: Consequential amendments relating to joint waste authorities

      14. Schedule 14: Consequential amendments relating to entities controlled etc by local authorities

      15. Schedule 15: The Valuation Tribunal for England

      16. Schedule 16: Consequential amendments relating to the creation of the Valuation Tribunal for England

      17. Schedule 17: Powers of National Assembly for Wales

      18. Schedule 18: Repeals

  7. Commencement Date

  8. Hansard References

30 October 2007

Introduction

1.These explanatory notes relate to the Local Government and Public Involvement in Health Act 2007. They have been prepared by the Department for Communities and Local Government, together with the Wales Office, in order to help the reader of the Act. They do not form part of the Act and have not been endorsed by Parliament.

2.These notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. Therefore, where a section or a part of a section does not seem to require any explanation or comment, none is given.

Background

3.The Local Government and Public Involvement in Health Act gives effect to the Government's proposals for reform of the local government system in England and for reform of the current arrangements for patient and public involvement in the provision of health and social care services. It also gives effect to a commitment to expand the legislative competence of the National Assembly for Wales (“the Assembly”) in the field of local government.

4.In July 2004 an initial discussion document 'The future of local government – developing a 10 year vision' was published by the Office of the Deputy Prime Minister (now known as the Department for Communities and Local Government) to launch the debate on the future of local government between central government, local government and other stakeholders under the heading local:vision. Between July 2004 and February 2006 numerous documents under the local:vision heading were published setting out ideas for discussion and consultation.

5.The Local Government White Paper ‘Strong and Prosperous Communities’, published on 26th October 2006, was a response to the local:vision consultation. This Act follows from that White Paper.

6.The Department of Health instigated a review of patient and public involvement in the provision of health services in August 2005. In January 2006 the Department published the White Paper ‘Our health, our say, our care: a new direction for community services”. Following publication of the White Paper, an Expert Panel was established in February 2006 in order to consider the evidence that had been gathered. The Expert Panel published its findings in July 2006.

7.On 13th July 2006 the Department of Health published the consultation document ‘A Stronger Local Voice’ setting out the proposed changes. Since then there have been extensive discussions with stakeholders.

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