Office of Public Sector Information
290.Section 22A(7) allows for regulations made under this section to make different provision in relation to different persons – that is, partner authorities or associated authorities – and committees and in relation to different descriptions of such persons or committees. Section 22A(8) makes clear that the power in section 22A(7) does not affect the power in section 105(2)(b) of the Local Government Act 2000 that orders and regulations may make different provisions for different cases, authorities or descriptions of authority.
291.Subsection (6A) of section 20 of the Police and Justice Act 2006, which is inserted by subsection (2) of section 121, makes it clear that information about which provision can be made in regulations made under that section can only relate to the discharge of crime and disorder functions and local crime and disorder matters.
292.Subsection (2A) of section 244 of the National Health Service Act 2006, which is inserted by subsection (4) of section 121, makes it clear that information about which provision can be made in regulations made under that section can only relate to the health service in the local authority’s area.
293.Subsection (1) inserts new sections 21B, 21C and 21D of the Local Government Act 2000after section 21A of that Act, which is inserted by section 122 of this Act.
294.Section 21B applies where an overview and scrutiny committee of an authority in England makes a report or recommendations to the authority or the executive. It does not apply where the report or recommendation is made to the authority or the executive by a crime and disorder committee by virtue of subsection (1)(b) or (3)(a) of section 19 of the Police and Justice Act 2006.
295.Subsection (2) of inserted section 21B empowers the overview and scrutiny committee to publish its report or recommendations.
296.Where the overview ands scrutiny committee does this, it must give the local authority or executive notice in writing specifying the steps which the local authority or executive must take within two months of receiving the report or recommendations or, if later, the notice. These steps include responding to the report or recommendations and, if these documents have been published by the overview and scrutiny committee, publishing the response.
297.The local authority or executive must comply with the notice.
298.The provisions about confidential and exempt information in section 21D (which is also inserted by section 122) apply in relation to the publishing of a report or recommendations or a response to any of these documents.
299.Section 21C applies where a relevant committee make a report or recommendations to an authority or an executive and the report or recommendations relate to a local improvement target which relates to a relevant partner authority and is specified in a LAA of the authority. It does not apply where the report or recommendations are made by a crime and disorder committee by virtue of subsections (1)(b) or (3)(a) of section 19 of the Police and Justice Act 2006.
300.“Local improvement target” and “local area agreement” are defined in subsection (8) of section 21C and have the same meanings as in Chapter 1 of Part 5 of the Act.
301.The overview and scrutiny committee may give the relevant partner authority notice in writing requiring them to have regard to the report or recommendations in exercising their functions. A relevant partner authority which is a health service body i.e. a National Health Service Trust, an NHS Foundation Trust or a Primary Care Trust cannot be required to have regard to a report or recommendations made to that body under regulations made under section 244 of the National Health Service Act 2006.
302.The relevant partner authority has a duty to comply with the requirement specified in the notice.
303.Section 21D applies to the publication under section 21B of any document comprising a report or recommendations of any overview and scrutiny committee or a response of an authority to any such report or recommendations. It also applies to the provision of a copy of such a document to a member of an authority under new section 21A(8) or 21B or to a relevant partner authority under section 21C.
304.Subsection (2) of inserted section 21D places a requirement on an overview and scrutiny committee or a local authority to exclude confidential information when publishing a document or providing a copy of it to a relevant partner authority. “Confidential information” is defined in subsection (6) of section 21D and has the meaning given by section 100A(3) of the Local Government Act 1972.
305.Section 21D also gives a power to an overview and scrutiny committee to exclude any relevant exempt information. “Relevant exempt information” is defined in subsection (6) of section 21D and means, in relation to a report or recommendations of an overview and scrutiny committee, exempt information specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972, and, in relation, to a response of the local authority, exempt information of a description specified in such a resolution of the authority. In both cases, the resolution must apply to a meeting of the overview and scrutiny committee or the executive at which the report or response was, or the recommendations were, considered The definition of “relevant exempt information” includes, in relation to an overview and scrutiny committee with functions under section 21(2)(f) of the Local Government Act 2000, information which is exempt information under section 246 of the National Health Service Act 2006.
306.It should be noted that section 21D does not apply to the executive of an authority. This is because the meaning of “relevant exempt information” has been imported from Part 5A of the Local Government Act 1972 which applies to an authority but not to an executive of that authority.
307.Subsection (3) of inserted section 21D enables the overview and scrutiny committee or an authority to exclude if they wish any confidential information or relevant exempt information from a copy of a document provided to a member of the local authority.
308.When information is excluded from any document, subsection (4) of inserted section 21D enables the overview and scrutiny committee or the authority, in publishing, or providing a copy of it, to replace any part of the document which discloses confidential information or exempt information with a summary that does not disclose that information. Where in consequence of the exclusion of confidential information or exempt information, the document would be misleading or not reasonably comprehensible, subsection (4) requires the authority to provide a summary of the part concerned.
309.An overview and scrutiny committee which, in publishing, or providing a copy of, a document, excludes information or replaces part of the document with a summary, will be taken to have complied with the requirement in subsection (3)(c) or (d) of section 21B. This is by virtue of subsection (5) of section 21D.
310.Subsection (2) of section 122 amends section 22 of the Local Government Act 2000 by inserting new subsection (12A) to give the Secretary of State a power to make regulations in relation to local authority executives in England which replicate the provision contained in section 21D.
311.Subsection (2) of section 123 allows the Secretary of State to make regulations enabling a county council in a two tier area to establish a joint overview and scrutiny committee with one or more district councils in its area.
312.By virtue of subsections (2)(b), (3) and (4), regulations under this section may confer on such joint overview and scrutiny committees the functions of making reports and recommendations to the county council or to the county council and one or more of the district councils which established that committee on matters (except excluded matters) relating to the attainment of a local improvement target in the relevant LAA (ie in the LAA of the county council in the group of authorities which established the joint committee). Subsection (4) sets out that crime and disorder matters, on which a crime and disorder committee may make reports and recommendations by virtue of section 19 of the Police and Justice Act 2006, are excluded. This is because under section 21 of the Police and Justice Act 2006 provision may be made in respect of the functions of a joint crime and disorder committee in relation to crime and disorder scrutiny functions.
313.Subsection (5) allows these regulations to make provision as to the relevant information which an “associated authority” must or must not disclose to a joint committee. Subsection (6) sets out that an associated authority means the county council which is the responsible local authority in relation to the district council and partner authorities to the responsible authority, other than a police authority or chief of police. Subsections (6) and (8) set out that relevant information means information which is relevant to a local improvement target in the relevant LAA which relates to the associated authority. However, subsection (7) makes clear that regulations may not make provision in relation to crime and disorder related information, as the joint overview and scrutiny committee may not report on crime and disorder matters.
314.Subsection (5) also provides that regulations may make provision generally as to the discharge of functions, appointment of sub-committees, and co-opting of persons who are not members of the authority by applying the provisions of, or making corresponding provision to, section 21(4) and (6) to (12) of the Local Government Act 2000. Regulations may also apply or make equivalent provision to new sections 21A to 21D of the Local Government Act 2000 as to the reference of matters to overview and scrutiny by councillors, the duty of an authority or executive to respond to an overview and scrutiny committee, the duties on associated authorities to have regard to reports and recommendations and as to confidential and exempt information in relation to the publication of reports. There is no power to apply subsections (13) to (15) of section 21 of the Local Government Act 2000, so joint overview and scrutiny committees will not have power to require members or officers of local authorities to appear and answer questions. Provision equivalent to or applying section 246 of, and Schedule 17 to, the National Health Service Act 2006 (exempt health related information) may also be made under this last head. Section 246 of, and Schedule 17 to, the National Health Service Act 2006 apply to an item of business of an overview and scrutiny committee considering matters relating to the health service in the authority’s area and provide that certain information will be exempt from disclosure in accordance with the provisions of section 100A(4) of the Local Government Act 1972 which means that the public may be excluded from the meeting during that item of business, if an appropriate resolution of the council is in place.
315.Subsection (9) requires joint overview and scrutiny committees to have regard to any guidance issued by the Secretary of State.
316.Section 124 inserts a new section 21E into the Local Government Act 2000.
317.Section 21E(1) and (2) allow the Secretary of State to make regulations enabling a district council in a two tier area to make reports and recommendations to its county council or to that county council’s executive, on matters relating to a local improvement target in the area’s LAA, where that local improvement target relates to a partner authority. Section 21E(4) sets out that a partner authority for these purposes means the county council and any authority which is a partner authority of the county council other than a police authority or the chief of police.
318.Section 21E(3) provides that regulations may also apply or make provision corresponding to the duty of an authority or executive to respond to an overview and scrutiny committee, the duties of associated authorities to have regard to reports and recommendations and the treatment of reports and recommendations, and responses to them, which contain confidential and exempt information, i.e. the regulations may make provision applying the provisions of new sections 21B to 21D of the Local Government Act 2000.
319.Section 125 amends section 21 of the Local Government Act 2000 to provide for new subsections (16) and (17). These will enable the Secretary of State to require overview and scrutiny committees to have regard to any guidance issued by the Secretary of State. It is intended that guidance issued under these powers and under section 123(9) will clarify how overview and scrutiny committees and joint overview and scrutiny committees should avoid duplication of each other’s work.
320.Section 126 amends sections 19 and 20 of the Police and Justice Act 2006. It brings the provision for references of local crime and disorder matters by local councillors to crime and disorder committees into line with the treatment of local government matters in the new section 21A of the Local Government Act 2000 inserted by section 119. New section 19(3) provides that every local authority must ensure that its crime and disorder committee has power to make a report or recommendations to the local authority with respect to any local crime and disorder matter referred to it, and that it must make arrangements which enable any member of the authority to refer any local crime and disorder matter to the local authority.
321.New section 19(4) provides that arrangements enable a person to refer a matter to a committee if they enable him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee.
322.Section 19(5) applies subsections (6) and (7) where a local crime and disorder matter is referred to a crime and disorder committee by a member of a local authority in accordance with arrangements made under subsection (3)(b). Subsection (6) provides that, when considering whether or not to make a report or recommendations to the local authority in relation to the matter, the committee may have regard to any powers which the member may exercise in relation to the matter by virtue of section 236 of this Act, and to any representations made by the member as to why it would be appropriate for the committee to exercise any of its relevant powers in relation to the matter.
323.Section 19(7) provides that the committee must notify the member of its decision, and the reasons for it, if it decides not to make a report or recommendations to the local authority in relation to the matter.
324.Section 19(8) requires that the crime and disorder committee copy reports or recommendations to the authority in relation to a crime and disorder matter to any member of the authority who referred the matter to the committee in accordance with arrangements made under subsection (3)(b), and to such of the responsible authorities and co-operating persons and bodies as it thinks appropriate.
325.Section 19(8A) provides that section 19(8B) applies where the crime and disorder committee of a local authority makes a report or recommendations to the authority by virtue of subsection (3)(a), or where it provides a copy of a report or recommendations under subsection (2) or (8)(b). Section 19(8B) provides that in such circumstances, the crime and disorder committee must notify the authority, body or person to whom it makes the report or recommendations, or provides the copy, that it must consider the report or recommendations; respond to the committee indicating what (if any) action it proposes to take; and have regard to the report or recommendations in exercising its functions.
326.Subsection (4) of section 126 inserts in section 19(11) of the Police and Justice Act 2006 an amended definition of “local crime and disorder matter”. The new definition includes crime and disorder and substance misuse that affects all or part of the electoral area for which the member is elected or any person who lives or works in that area.
327.Sections 126(6), (7) and (8) make consequential amendments to Section 20 of the Police and Justice Act 2006.
328.Section 21 of the Local Government Act 2000 requires local authorities operating executive arrangements to ensure that their overview and scrutiny committee has certain powers. Where a local authority has more than one overview and scrutiny committee, that obligation can be satisfied by ensuring that those committees have those powers between them. Subsection (1) amends section 21 of the Local Government Act 2000 so that the reference to overview and scrutiny committees also includes any joint overview and scrutiny committees. Subsection (1) provides that a joint overview and scrutiny committee means:
a joint overview and scrutiny committee within the meaning given in subsection (2)(a) and (b) of section 245 of the National Health Service Act 2006.
a joint overview and scrutiny committee within the meaning given in subsection (2)(a) and (b) of section 185 of the National Health Service (Wales) Act 2006; or
a joint overview and scrutiny committee within the meaning of section 123 of the Local Government and Public Involvement in Health Act 2007.
329.Section 21(4) of the Local Government Act 2000 provides that, subject to 21(5), an overview and scrutiny committee of a local authority may not discharge any functions other than its functions under that section.
330.Subsection (1) of section 127 also amends section 21(4) of the Local Government Act 2000 to add into the list of functions which an overview and scrutiny committee may exercise, functions under section 21A to 21C or any functions conferred on it through regulations under 21E.
331.Section 32 of the Local Government Act 2000 enables the Secretary of State to establish arrangements for local authorities to discharge their functions without having a separate executive (i.e. for those local authorities operating alternative arrangements). Subsection (2) replaces section 32(3) of the Local Government Act 2000 with a new subsection (3) which amplifies the current provision under that section, so that the Secretary of State may make regulations for councils operating alternative arrangements, which may include similar provision to that provided for in this Act for overview and scrutiny committees. It also splits the powers of the Secretary of State into powers which he may exercise in relation to England and powers which the Welsh Ministers may exercise in relation to Wales.
332.Subsection (3) also makes consequential amendments to section 245(3)(b) of the National Health Service Act 2006 so that the Secretary of State may, by regulations, apply the revised overview and scrutiny provisions to joint health overview and scrutiny committees established under regulations under that section. Subsection (4) makes equivalent provision for Wales.
333.The new procedure for altering governance arrangements set on out new section 33E of the Local Government Act 2000 (inserted by section 64 of the Act) also applies to changes to executive arrangements and alternative arrangements which are required to be made by virtue of any of the provisions of Chapter 2 of Part 5 of the Act.
334.A local authority byelaw is a law which has been made by a local authority under a power conferred by statute. Currently local authority byelaws must be confirmed by the Secretary of State. Offences against local authority byelaws attract a penalty fine, which is enforced through the Magistrates’ Courts.
335.These sections give effect to the Government’s proposals to simplify procedures for making and enforcing local authority byelaws. Proposals for changes to current procedures were set out in the Government’s discussion paper Local Authority Byelaws: Procedures for making, confirming and enforcing byelaws, issued in April 2006. Decisions on action to be taken were then announced in the Local Government White Paper.
336.The Government initially intends to use the powers in these sections to introduce new procedures for local authorities to make byelaws and enforce them through fixed penalty notices only in relation to local authority byelaws which are confirmed by the Secretary of State for Communities and Local Government. These byelaws regulate matters such as low-level nuisance in local spaces (for example parks and beaches, the use of market places and the cleanliness of barbers’ and hairdressers’ premises). The powers could be used in relation to byelaws in other areas in the future.
337.These sections enable the Secretary of State to make regulations establishing a new procedure for local authorities to follow in making byelaws. The intention is that this power will be used so that once local authorities have consulted on, prepared and advertised draft byelaws locally, they can be enacted without confirmation by the Secretary of State. The Secretary of State will have the power to make regulations dealing in particular with consultation on, and the advertisement of, byelaws locally and the power to issue guidance in relation to the new procedures.
338.The sections also provide for the enforcement of byelaws through fixed penalty notices, as an alternative to enforcement through Magistrates Courts. This will bring the enforcement of byelaws on to the same footing as the enforcement of other low-level nuisance activities, and will facilitate a more coordinated approach to the enforcement of such matters.
339.This section inserts a new section 236A into the Local Government Act 1972. This will give the Secretary of State, in relation to England, the power to make regulations prescribing classes of byelaws which can be made using the procedure described in the regulations rather than the procedure in section 236 of that Act. The intention is that regulations will prescribe a procedure which does not require the byelaw to be confirmed by the Secretary of State. It will be possible for the classes of byelaw to which the alternative procedures will apply to be described in different ways – by reference to one or more of the enabling power for the byelaws, their subject matter, and the authority empowered to make or confirm the byelaws. This approach has been taken to ensure that regulations can describe clearly which byelaws will be subject to the alternative procedures, and, therefore, ensure certainty as to which local authority byelaws will continue to be subject to the procedure in section 236 of the Local Government Act 1972.
340.In prescribing the alternative procedures to be followed, the section empowers the Secretary of State to include in regulations provision on the consultation procedures which local authorities should follow before a byelaw is made, and on local publicity after a new byelaw has been made.
341.This section inserts new sections 237A to 237C, and new section 237F, into the Local Government Act 1972.
342.New section 237A empowers the Secretary of State to make regulations prescribing classes of byelaws which may be enforced by means of fixed penalty notices. Where a byelaw is within such a class, subsection (3) provides for an authorised officer of an authority to issue a fixed penalty notice offering a person the opportunity of discharging liability for conviction for a byelaw offence by the payment of the amount specified in the notice. Subsection (4) provides that, following receipt of a fixed penalty notice, the recipient has fourteen days in which to pay the specified fine, and thus avoid attending the Magistrates’ Court in respect of the offence. Subsection (6) provides that the fixed penalty notice must give sufficient information to the recipient so that the nature of the offence is clear. Subsection (12) makes provision about which persons are authorised to issue fixed penalties. “Authorised officers” will be restricted to those authorised in writing by the authority to carry out the function. This may be a direct employee of the authority, or a person, or an employee of a person, with whom the local authority has a contract for the enforcement of byelaws.
343.New section 237B provides for the level of fixed penalties for breach of byelaws. The section confers on the Secretary of State the power to make regulations specifying a range within which the amount of fixed penalty must fall. Where a range has been specified, local authorities may choose to set an amount within that range. Where no range has been set, local authorities will have freedom to set the penalty. Where the local authority does not specify a penalty for breach of a byelaw, the section provides for a default amount of £75. The section empowers the Secretary of State to make an order to change the default amount as necessary, so that the level remains in line with similar low-level offences.
344.New section 237C gives an authorised officer who proposes to issue a fixed penalty notice for breach of a byelaw the power to require the person to whom he is giving the notice to give their name and address. A person who fails to give their name and address or gives a false name and address will commit an offence.
345.New section 237F makes supplementary provision about regulations and orders under section 237A and 237B.
346.This section requires local authorities, when considering how to use their fixed penalty receipts, to have regard to the desirability of using the money in combating nuisances governed by byelaws for which fixed penalty notices may be issued. This means that local authorities would be required to consider whether fixed penalty receipts should be used generally in combating such nuisances. It would not be necessary for receipts to be used only towards combating the nuisance the relevant byelaw is concerned with.
347.This section gives the Secretary of State the power to issue guidance in relation to the new procedures for making byelaws, the use of fixed penalties to enforce byelaws and on related matters. This will include guidance on consulting on and publicising new byelaws and good practice in relation to issuing fixed penalty notices.
348.This section amends the Police Reform Act 2002 so that if local authorities and the chief police officer for the area agree, community support officers and other “accredited persons” under that Act may issue fixed penalty notices for breach of local authority byelaws. Before a community support officer or accredited person will be able to do this, the chief police officer will have to designate them as having that function and the byelaw to which the fixed penalty notice relates will have to appear on a list agreed between the chief police officer and the local authority.
349.This section gives local authorities, the Greater London Authority, Transport for London and metropolitan county passenger transport authorities the power to make a byelaw revoking a byelaw it has previously made where, for some reason, there is no other power to do so. This will allow local authorities to “tidy up” unnecessary and obsolete provisions.
350.This section also confers a power on the Secretary of State and on Welsh Ministers to make an order revoking a byelaw where it appears to have become obsolete or unnecessary. The intention is that this power will only be used where the power to revoke the byelaw, or the identity of the authority which should otherwise revoke the byelaw, is unclear.
351.This section gives effect to Schedule 6.
352.Part 7 of the Act amends the “best value” regime, i.e. the regime under which best value authorities are required to make arrangements to secure continuous improvement in the way in which their functions are exercised, having regard to a combination of economy, efficiency and effectiveness (see Part 1 of the Local Government Act 1999). “Best value authorities” include most local authorities, police authorities and fire and rescue authorities.
353.Part 7 removes certain aspects of the best value regime, in particular the requirement on best value authorities to carry out best value reviews. It places a new duty on English best value authorities to involve representatives of local people in the provision of local services and policies. It provides the Secretary of State and Welsh Ministers with a new power to issue guidance to best value authorities on the general duty of best value. It also provides Ministers of the Crown and Welsh Ministers with power to issue grants to promote or facilitate the economic, efficient and effective provision of services by best value authorities.
354.The Act confers a Measure-making power on the National Assembly for Wales in relation to best value (see section 238 and Schedule 18).
355.Section 136 amends the definition of local authorities in England and Wales that are best value authorities for the purposes of Part 1 of the Local Government Act 1999.
356.Subsection (1)(a) removes parish councils and parish meetings from the definition of “local authorities”. This has the effect that parish councils and parish meetings will no longer be subject to the best value duties set out in the Local Government Act 1999.
357.In practice, an Order(1) made by the Secretary of State under section 2(5) of the Local Government Act 1999 exempted all English parish councils and meetings, except those whose budgeted income for 1997, 1998 and 1999 was over £500,000, from the duties set out in sections 3 to 6 of the Local Government Act 1999. The Act will disapply the best value duties for the 41 larger English parish councils.
358.Subsections (1)(b) and (c) make equivalent provision for Wales, where the equivalent of a parish council is a community council. They provide that a community council is not a best value authority. An Order(2) made by the National Assembly for Wales under section 2(5) of the Local Government Act 1999 exempted all community councils with an income of under £1,000,000 in 1998 and 1999 from any of the duties in sections 3 to 6 of the Act. In practice, this exempted all community councils from the best value regime, as none had an income in excess of that sum.
359.Subsection (2) removes local precepting authorities(3) from the list of authorities and bodies to which the Secretary of State may by order extend the best value regime. In effect it removes the ability of the Secretary of State and Welsh Ministers to re-apply the best value regime to parish councils, parish meetings and community councils or to apply it to other local precepting authorities, such as charter trustees.
360.Section 137 extends the existing power of the Secretary of State and the Welsh Ministers to give guidance to best value authorities. At present, guidance can be given about the consultation of local people by best value authorities about how the authorities fulfil the general best value duty set out in section 3 of the Local Government Act 1999. The Act confers a more general power to issue statutory guidance to best value authorities about how to fulfil that duty.
361.This section inserts a new section 3A in the Local Government Act 1999. Subsection (1) of this new section places a duty on best value authorities (apart from police authorities and Welsh best value authorities) to involve representatives of local persons in the exercise of their functions, where they consider that it is appropriate to do so. Subsection (1) provides for best value authorities to determine if and how representatives should be involved, having regard to any guidance issued by the Secretary of State (subsection (5)). It sets out that best value authorities will need to consider each of three ways of securing the involvement of representatives of local persons in the exercise of their functions, namely informing them, consulting them and involving them in other ways.
362.Subsection (2) establishes that the duty to involve local representatives does not grant best value authorities any additional powers. This subsection also clarifies that, where there is a conflict between this duty and another duty, the latter takes precedence.
363.Subsection (3) sets out those best value authorities who are not subject to the new duty. It also enables the Secretary of State to provide additional exemptions from the duty by secondary legislation subject to the negative resolution procedure.
364.Subsection (6) clarifies what is meant by certain terms, including “local person” and “representative”.
The term local person refers to any person likely to be affected by or interested in the exercise of the relevant function of a best value authority. This could include a group or organisation. Under new section 3A, a best value authority might decide to involve representatives of individual citizens, local residents or service users, community groups, voluntary sector organisations or businesses (amongst others) in the exercise of its functions.
The term representative refers to individuals or groups who appear to the best value authority to be typical of those likely to be affected by, or interested in, the exercise of the authority’s functions.
365.Section 139 provides that sections 4 and 6 of the Local Government Act 1999 no longer apply to best value authorities in England (including police authorities) or to police authorities in Wales. In so doing, it removes (a) the power of the Secretary of State to specify performance indicators and standards for best value authorities; (b) the duty of such authorities under section 4(5) to meet applicable performance standards; (c) the duty of such authorities under section 6 to prepare and publish best value performance plans (“BVPPs”); and (d) the power of the Secretary of State to issue statutory guidance in respect of BVPPs.
366.Sections 4 and 6 will continue apply to Welsh best value authorities (ie. all best value authorities in Wales other than police authorities). The power in section 4(1) to specify performance indicators and standards, and the powers as regards BVPPs in section 6, will continue to be available to the Welsh Ministers as regards such authorities. The Assembly will be able to amend or replace these provisions, or to confer power on Welsh Ministers to do so, using the framework power conferred by Schedule 18 to the Act.
367.When this section is commenced, it is intended that provision will be made so that best value performance indicators can continue to be set in respect of police authorities, and so that police authorities will continue to be under an obligation to prepare BVPPs, for a limited period of time. It is intended that any indicators set, and BVPPs prepared, under such provision will relate purely to policing matters and will not have any impact on local authorities. It is expected that such provision will cease to have effect in 2009 or 2010. By that time, the Home Office expects to have in place such provision replicating the relevant provisions of Part 1 of the Local Government Act 1999 for police authorities as they consider necessary.
368.Section 140 removes the statutory requirement in section 5 of the Local Government Act 1999 for best value authorities to undertake best value performance reviews and the power of the Secretary of State and the Assembly to issue guidance on how best value authorities conduct such a review.
369.Section 141 makes certain changes to the Secretary of State’s powers under section 16 of the Local Government Act 1999 to modify enactments obstructing compliance with best value and under section 97 of the Local Government Act 2003 to modify enactments in connection with charging or trading. In particular, it precludes the Secretary of State amending, modifying or removing the application of any Assembly Measures, Assembly Acts or subordinate legislation made by Welsh Ministers or the Assembly without the consent of the Welsh Ministers or the Assembly (as appropriate), except where the provision is consequential on or incidental to other provisions.
370.Section 142 confers on the Welsh Ministers a power similar to that in section 16 of the Local Government Act 1999 to modify enactments obstructing compliance with best value, and removes from the Secretary of State the power to do so in relation to Welsh best value authorities.
371.Subsection (1) provides that the Secretary of State’s existing power in section 16 is not to be exercisable as regards Welsh best value authorities (that is, all best value authorities in Wales except police authorities).
372.Subsection (2) inserts a new section 17A in the Local Government Act 1999 which in effect gives the Welsh Ministers similar powers to modify enactments as section 16 currently gives to the Secretary of State. It allows the Welsh Ministers to modify or exclude the effect of enactments when, in their view, such enactments prevent or obstruct compliance with the best value duties by Welsh best value authorities. It also allows the Welsh Ministers to confer on Welsh best value authorities additional powers which appear to them to facilitate such compliance. New section 17A provides that orders cannot make any provision which could not be made by an Assembly Measure. It also provides that an order under new section 17A must be approved by a resolution of the Assembly before it can be made (unless it merely extends or modifies a previous such order).
373.Subsection (2) also inserts a new section 17B in the Local Government Act 1999, setting out the procedures which the Welsh Ministers must follow when making an order under the new section 17A. It requires the Welsh Ministers to consult best value authorities and others with an interest, and to lay a summary of their proposals before the Assembly for a minimum of 60 days (excluding periods when the Assembly is in recess) before the Assembly considers the draft order. These provisions are similar to those that apply to the Secretary of State under section 17 of the Act.
374.Section 142 will come into force two months after Royal Assent. Subsection (3) makes transitional provisions to cover the period before section 144, which adds a definition of the term ‘Welsh best value authority’ to the Local Government Act 1999, comes into force.
375.Section 143 inserts new sections 36A and 36B into the Local Government Act 2003 (“the 2003 Act”). Those sections enable grants to be paid to a person for the purpose of improving the performance of best value authorities. Any grant can be paid subject to conditions (sections 36A(5) and (6) and 36B(4) and (5)).
376.The powers are exercisable by a Minister of the Crown (“a Minister”) and, in relation to Welsh best value authorities, by Welsh Ministers (sections 36A(1) and 36B(1)). Treasury consent is required for any grant made by a Minister (section 36A(2)(a)). The consent of Welsh Ministers is also required where grant is given by a Minister as regards the exercise of functions by a Welsh best value authority (section 36A(2)(b)).
377.Section 143 will come into force two months after Royal Assent. If section 144 (which introduces the term “Welsh best value authority” into Part 1 of the Local Government Act 1999) has not been commenced at that time, section 143(2) ensures that new sections 36A and 36B will have effect by reference to the existing provisions in the Local Government Act 1999 until such time as section 144 is commenced.
378.The definition of best value authorities in section 36A(7) is slightly broader than the definition used elsewhere in the 2003 Act, since it includes the Greater London Authority exercising functions otherwise than through the Mayor.
379.It is envisaged that the new powers will primarily be used to improve the performance of best value authorities in situations where for example grant cannot be paid under section 31 of the 2003 Act (power to pay grants to local authorities), or where for timing reasons grant cannot be paid under section 78 of the Local Government Finance Act 1988 (duty for Secretary of State to pay grants to receiving authorities and specified bodies) or section 84E of the same Act (which contains analogous functions as regards Wales).
380.Section 144 defines the term “Welsh best value authorities” for the purposes of the Local Government Act 1999 and introduces Schedule 8, which makes further minor and consequential amendments.
Local Government and Public Involvement in Health Act 2007