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Local Government and Public Involvement in Health Act 2007

2007 CHAPTER 28

CONTENTS

Go to Preamble

  1. Part 1

    Structural and boundary change in England

    1. Chapter 1

      Structural and boundary change

      1. Change from two tiers to single tier of local government

        1. 1. “Principal authority” and “single tier of local government”

        2. 2. Invitations and directions for proposals for single tier of local government

        3. 3. Invitations, directions and proposals: supplementary

        4. 4. Request for Boundary Committee for England’s advice

        5. 5. Boundary Committee’s powers

        6. 6. Boundary Committee’s procedure

        7. 7. Implementation of proposals by order

      2. Boundary change

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

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

        3. 10. Implementation of recommendations by order

      3. Implementation of changes

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

        2. 12. Provision relating to membership etc of authorities

        3. 13. Implementation orders: further provision

        4. 14. Regulations for supplementing orders

        5. 15. Incidental etc provision in orders or regulations

        6. 16. Agreements about incidental matters

        7. 17. Residuary bodies

        8. 18. Staff commissions

        9. 19. Certain county councils to be billing authorities

      4. Supplementary

        1. 20. Correction of orders

        2. 21. Pre-commencement invitations etc

        3. 22. Consequential amendments

        4. 23. Definitions for purposes of Chapter 1

    2. Chapter 2

      Control of disposals etc

      1. 24. Authorities dissolved by orders: control of disposals, contracts and reserves

      2. 25. Directions: further provision about reserves

      3. 26. Directions: supplementary

      4. 27. Consideration to be taken into account for purposes of direction

      5. 28. Contraventions of direction

      6. 29. Power to amend

      7. 30. Definitions for purposes of Chapter 2

  2. Part 2

    Electoral arrangements

    1. Chapter 1

      Power of district councils in England to change electoral scheme

      1. Introductory

        1. 31. Schemes for elections

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

        1. 32. Resolution for whole-council elections

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

        3. 34. Scheme for whole-council elections

        4. 35. Publicity

        5. 36. Notice to Electoral Commission

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

        1. 37. Resolution for elections by halves

        2. 38. Resolution for elections by halves: requirements

        3. 39. Resolution for elections by thirds

        4. 40. Resolution for elections by thirds: requirements

        5. 41. Publicity for resolution

        6. 42. Notice to Electoral Commission

        7. 43. Electoral Commission to consider whether electoral review is necessary

        8. 44. Electoral Commission to make order for new electoral scheme

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

        10. 46. Orders for elections by halves: councillors to be elected at ordinary elections

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

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

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

        14. 50. Power of Electoral Commission to make incidental etc provision

        15. 51. Position if Electoral Commission act under existing powers

        16. 52. Publicity for order by Electoral Commission

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

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

      5. Amendment of existing provisions about schemes for ordinary elections

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

    2. Chapter 2

      Miscellaneous

      1. Requests for single-member electoral areas in England

        1. 55. Requests for single-member electoral areas

      2. Electoral Commission and Boundary Committee: reviews and recommendations

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

        2. 57. Procedure in connection with reviews

      3. Electoral areas in England

        1. 58. Metropolitan districts: councillors per ward

        2. 59. Change of name of electoral area

      4. Election dates

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

    3. Chapter 3

      Consequential amendments

      1. 61. Consequential amendments

  3. Part 3

    Executive arrangements for England

    1. 62. Executive arrangements for England

    2. 63. Discharge of functions

    3. 64. Changing governance arrangements

    4. 65. Referendum following petition

    5. 66. Elected mayors

    6. 67. Leader and cabinet executives (England)

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

    8. 69. Time limit for holding further referendum

    9. 70. Interpretation

    10. 71. Larger authorities to cease operating alternative arrangements

    11. 72. Failure to cease operating alternative arrangements

    12. 73. Sections 71 and 72: supplementary

    13. 74. Further amendments & transitional provision

  4. Part 4

    Parishes

    1. Chapter 1

      Parishes

      1. 75. Parishes: alternative styles

      2. 76. Appointed councillors

    2. Chapter 2

      Power to promote well-being

      1. 77. Extension of power to certain parish councils

      2. 78. Community strategies

    3. Chapter 3

      Reorganisation

      1. Key terms used

        1. 79. Community governance reviews

        2. 80. Community governance petitions

        3. 81. Terms of reference of review

      2. Undertaking community governance reviews

        1. 82. Council’s power to undertake review

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

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

        4. 85. Power to respond to petition

      3. Reorganisation of community governance

        1. 86. Reorganisation of community governance

      4. Recommendations of review

        1. 87. Constitution of new parish

        2. 88. Existing parishes under review

        3. 89. New council: consequential recommendations

        4. 90. Council retained: consequential recommendations

        5. 91. Grouping or de-grouping parishes

        6. 92. County, district or London borough: consequential recommendations

      5. Duties of council undertaking review

        1. 93. Duties when undertaking a review

        2. 94. Recommendations to create parish councils

        3. 95. Electoral recommendations: general considerations

      6. Publicising outcome of review

        1. 96. Publicising outcome

      7. Miscellaneous

        1. 97. Supplementary regulations

        2. 98. Orders and regulations under this Chapter

        3. 99. Agreements about incidental matters

        4. 100. Guidance

        5. 101. Consequential amendments

        6. 102. Interpretation

  5. Part 5

    Co-operation of English authorities with local partners, etc

    1. Chapter 1

      Local area agreements and community strategies

      1. 103. Application of Chapter: responsible local authorities

      2. 104. Application of Chapter: partner authorities

      3. 105. “Local improvement targets”: interpretation

      4. 106. Duty to prepare and submit draft of a local area agreement

      5. 107. Approval of draft local area agreement by Secretary of State

      6. 108. Duty to have regard to local improvement targets

      7. 109. Designated targets

      8. 110. Revision and addition of targets

      9. 111. Designated targets: revision proposals

      10. 112. Approval of revision proposal

      11. 113. Duty to publish information about local area agreement

      12. 114. Preparation of community strategy

      13. 115. Orders under Part 1 of Local Government Act 2000: Wales

      14. 116. Health and social care: joint strategic needs assessments

      15. 117. Interpretation of Chapter

      16. 118. Transitional provision

    2. Chapter 2

      Overview and scrutiny committees

      1. 119. Reference of matter by councillor to overview and scrutiny committee

      2. 120. Power of overview and scrutiny committee to question members of authority

      3. 121. Powers to require information from partner authorities

      4. 122. Overview and scrutiny committees: reports and recommendations

      5. 123. Joint overview and scrutiny committees: local improvement targets

      6. 124. Overview and scrutiny committees of district councils: local improvement targets

      7. 125. Guidance

      8. 126. Reference of local crime and disorder matters to crime and disorder committees etc

      9. 127. Overview and scrutiny committees: consequential amendments

      10. 128. Transitional provision

  6. Part 6

    Byelaws

    1. 129. Alternative procedure for byelaws

    2. 130. Fixed penalties for breach of byelaws

    3. 131. Use of fixed penalty receipts

    4. 132. Guidance

    5. 133. Community support officers etc

    6. 134. Revocation of byelaws

    7. 135. Further amendments relating to byelaws

  7. Part 7

    Best value

    1. Best value authorities

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

    2. Duties of best value authorities

      1. 137. Guidance about general best value duty

      2. 138. Involvement of local representatives

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

      4. 140. Abolition of best value performance reviews

    3. Powers to modify enactments etc

      1. 141. Consultation with and consent of Welsh Ministers

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

    4. Other

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

      2. 144. Best value: minor and consequential amendments

  8. Part 8

    Local services: inspection and audit

    1. Chapter 1

      Constitution of the Audit Commission

      1. 145. Membership

      2. 146. Change of name

    2. Chapter 2

      Audit Commission and auditors: functions and procedure

      1. Benefits inspections

        1. 147. Powers of the Audit Commission relating to benefits

        2. 148. Benefit Fraud Inspectorate: transfers to the Audit Commission

      2. Interaction with other authorities

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

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

      3. Inspections and audit

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

        2. 152. Inspections of best value authorities

      4. Studies and reports etc

        1. 153. National studies

        2. 154. Studies at request of particular bodies

        3. 155. Registered social landlords

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

        5. 157. Reports on English local authorities

        6. 158. Reports categorising English local authorities

      5. Miscellaneous

        1. 159. Appointment of auditors

        2. 160. Inspection and disclosure of personal information

        3. 161. Right to make objections at audit

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

        5. 163. Consent for the purposes of agreed audit

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

        7. 165. Publication of information by the Audit Commission

    3. Chapter 3

      Auditor General for Wales and auditors

      1. 166. Registered social landlords in Wales

      2. 167. Disclosure of information obtained by the Auditor General for Wales or an auditor

  9. Part 9

    The Commission for Local Administration in England

    1. 168. Appointment and removal of Commissioners

    2. 169. Responsibilities of Commissioners

    3. 170. Annual reports

    4. 171. Power to investigate

    5. 172. Authorities subject to investigation

    6. 173. Matters subject to investigation

    7. 174. Complaints and matters coming to Commissioners' attention

    8. 175. Reports and statements of reasons

    9. 176. Power of Commissioners to make recommendations etc

    10. 177. Publication of reports etc by Commissioners

    11. 178. Making complaints etc electronically

    12. 179. Disqualifications

    13. 180. Expenses of the Commission

    14. 181. Delegation

    15. 182. Minor and consequential amendments

  10. Part 10

    Ethical standards

    1. Chapter 1

      Conduct of local authority members

      1. Codes of conduct

        1. 183. Conduct that may be covered by code

        2. 184. Certain references to code of conduct to include default code

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

        1. 185. Assessment of allegations

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

      3. Conduct of local authority members: miscellaneous amendments

        1. 187. Chairmen of standards committees

        2. 188. Sub-committees of standards committees

        3. 189. Joint committees of relevant authorities in England

        4. 190. Standards Board for England: functions

        5. 191. Ethical standards officers: investigations and findings

        6. 192. Ethical standards officers: reports etc

        7. 193. Disclosure by monitoring officers of ethical standards officers' reports

        8. 194. Matters referred to monitoring officers

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

        10. 196. Consultation with ombudsmen

        11. 197. Interim case tribunals

        12. 198. Case tribunals: England

        13. 199. Case tribunals: Wales

        14. 200. Exemption from Data Protection Act 1998

        15. 201. Supplementary and consequential provision

    2. Chapter 2

      Employees

      1. 202. Politically restricted posts: grant and supervision of exemptions

      2. 203. Politically restricted posts: consequential amendments

      3. 204. Political assistants' pay

  11. Part 11

    Joint Waste Authorities

    1. 205. Proposals for joint waste authorities in England

    2. 206. Consultation

    3. 207. Implementation of proposals by order

    4. 208. Membership of joint waste authorities

    5. 209. Consequential amendments

    6. 210. Joint waste authorities in Wales

    7. 211. Interpretation

  12. Part 12

    Entities controlled etc by local authorities

    1. 212. Entities controlled etc by local authorities

    2. 213. Trusts

    3. 214. Further provision about orders

    4. 215. Exemptions from orders

    5. 216. Consequential amendments

    6. 217. Definition of certain terms in amended enactments: England

    7. 218. Definition of certain terms in amended enactments: Wales

  13. Part 13

    The Valuation Tribunal for England

    1. 219. Establishment of the Tribunal

    2. 220. Consequential and transitional provision etc

  14. Part 14

    Patient and public involvement in health and social care

    1. Local involvement networks

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

      2. 222. Arrangements under section 221(1)

      3. 223. Arrangements: power to make further provision

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

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

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

      7. 227. Local involvement networks: annual reports

      8. 228. Transitional arrangements

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

    2. Abolition of Patients' Forums etc

      1. 230. Abolition of functions of Patients' Forums

      2. 231. Abolition of Patients' Forums

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

    3. Consultation about health services

      1. 233. Duty to involve users of health services

      2. 234. Reports on consultation

  15. Part 15

    Powers of National Assembly for Wales

    1. 235. Powers of National Assembly for Wales

  16. Part 16

    Miscellaneous

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

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

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

    2. Accounting

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

    3. Contracting out

      1. 239. Contracting out

  17. Part 17

    Final provisions

    1. 240. Orders, regulations and guidance

    2. 241. Repeals

    3. 242. Financial provisions

    4. 243. Power to make further amendments and repeals

    5. 244. Extent

    6. 245. Commencement

    7. 246. Short title

    1. Schedule 1

      Structural and boundary change: consequential amendments

      1. Part 1

        Amendments of Local Government Act 1992

      2. Part 2

        Other amendments

    2. Schedule 2

      Electoral arrangements: consequential amendments

    3. Schedule 3

      Executives: further amendments

    4. Schedule 4

      New arrangements for executives: transitional provision

      1. Part 1

        Old-style leader and cabinet executive

      2. Part 2

        Mayor and council manager executive

      3. Part 3

        Other 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

      1. Part 1

        Part 1 of Local Government Act 1999

      2. Part 2

        Other minor and consequential amendments

    9. Schedule 9

      Consequential amendments relating to change of name of the Audit Commission

    10. Schedule 10

      Benefit 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

      1. Part 1

        Amendments of Part 3 of Local Government Act 1974

      2. Part 2

        Other amendments

    13. Schedule 13

      Consequential amendments relating to joint waste authorities

      1. Part 1

        Amendments of Local Government Act 1972

      2. Part 2

        Other amendments

    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

      1. Part 1

        Structural and boundary change

      2. Part 2

        Electoral arrangements

      3. Part 3

        Executive arrangements

      4. Part 4

        Parishes

      5. Part 5

        Community strategies

      6. Part 6

        Overview and scrutiny committees

      7. Part 7

        Byelaws

      8. Part 8

        Best value

      9. Part 9

        Change of name of the Audit Commission

      10. Part 10

        Interaction of the Audit Commission with other authorities

      11. Part 11

        Studies and reports etc of the Audit Commission

      12. Part 12

        Audit Commission and auditors: miscellaneous

      13. Part 13

        Auditor General for Wales and auditors

      14. Part 14

        The Commission for Local Administration in England

      15. Part 15

        Ethical standards

      16. Part 16

        Entities controlled etc by local authorities

      17. Part 17

        Valuation tribunals

      18. Part 18

        Patient and public involvement in health

      19. Part 19

        Contracting out

An Act to make provision with respect to local government and the functions and procedures of local authorities and certain other authorities; to make provision with respect to persons with functions of inspection and audit in relation to local government; to establish the Valuation Tribunal for England; to make provision in connection with local involvement networks; to abolish Patients' Forums and the Commission for Patient and Public Involvement in Health; to make provision with respect to local consultation in connection with health services; and for connected purposes.

[30th October 2007]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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