Legalize / United Kingdom / Public General Act

Local Government and Public Involvement in Health Act 2007

Type Public General Act

Publication 2007-10-30

Last updated 2024-03-21

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Elected mayors

66

(1) Section 39 of the Local Government Act 2000 (elected mayors etc) is amended as follows.

(2) For subsection (5) substitute—

(5A) A reference in any enactment (whenever passed or made) to— (a) a member of a local authority, or (b) a councillor of a local authority, does not include a reference to an elected mayor of the authority. (5B) But subsection (5A) is subject to— (a) regulations made by the Secretary of State under this paragraph which provide that an elected mayor is to be treated as member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and (b) any other contrary intention that appears in any enactment (whenever passed or made). (5C) Sections 2(2A) and 21(1A) of, and paragraph 5C(1) of Schedule 2 to, the Local Government Act 1972 are not to be taken to indicate any contrary intention for the purposes of subsection (5B)(b).

(3) For subsection (6) substitute—

(6) Elections for the return of an elected mayor of a local authority in England are to take place on the ordinary day of election in each of the relevant election years. (7) The term of office of an elected mayor of a local authority is to be four years. (8) This section is subject to regulations under section 41.

Leader and cabinet executives (England)

67

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Power to make incidental, consequential provision etc

68

(1) Section 47 of the Local Government Act 2000 (power to make incidental, consequential provision etc) is amended as follows.

(2) After subsection (3) insert—

(4) The provision which may be made under subsection (1) includes provision relating to changes in local authority governance arrangements (including changes of the kinds set out in sections 33A to 33D). (5) That includes— (a) provision relating to the old governance arrangements, the new governance arrangements, or both kinds of governance arrangements, (b) provision as to the dates on which and years in which relevant elections may or must be held, (c) provision as to the intervals between relevant elections, and (d) provision as to the term of office of any member of any form of executive. (6) In subsection (5) “relevant election” means— (a) an election for the return of an elected mayor; (b) the election by a local authority of the executive leader of a leader and cabinet executive (England). (7) Nothing in subsection (2), (3), (4) or (5) affects the generality of the power in subsection (1).

Time limit for holding further referendum

69

(1) Section 45 of the Local Government Act 2000 (c. 22) (provision with respect to referendums) is amended as follows.

(2) For subsection (1) substitute—

(1) A local authority— (a) in England may not hold more than one referendum in any period of ten years; (b) in Wales may not hold more than one referendum in any period of five years.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Section 45 as amended by subsection (1) applies to referendums held before, and referendums held after, this section comes into force.

Interpretation

70

(1) Section 48 of the Local Government Act 2000 (c. 22) is amended as follows.

(2) In subsection (1) in the definition of “executive leader”, for “section 11(3)(a)” substitute “ section 11(2A)(a) or (3)(a) ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Larger authorities to cease operating alternative arrangements

71

(1) This section applies to a local authority if—

(a) the authority is operating alternative arrangements, and

(b) the resident population of the authority's area on 30th June 1999 was 85,000 or more.

(2) The local authority must draw up proposals for—

(a) ceasing to operate alternative arrangements, and

(b) starting to operate executive arrangements which provide for a leader and cabinet executive (England).

(3) The proposals must include all of the following—

(a) a statement of the extent to which the functions specified in regulations under section 13(3)(b) of the Local Government Act 2000 are to be the responsibility of the leader and cabinet executive (England);

(b) a timetable with respect to the implementation of the proposals;

(4) The timetable must be such as to ensure that the local authority will make the proposed move to executive arrangements no later than the day of the authority's annual meeting in 2009.

(5) After drawing up the proposals, the local authority must—

(a) secure that copies of a document setting out the proposals are available at the authority's principal office for inspection by members of the public at all reasonable times, and

(b) publish in one or more newspapers circulating in its area a notice which—

(i) states that the authority has drawn up the proposals,

(ii) describes the main features of the proposals,

(iii) states that copies of a document setting out the proposals are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and

(iv) specifies the address of the principal office.

(6) A resolution of the local authority is required in order for the authority to adopt the proposed leader and cabinet executive (England).

(7) Section 29(2) of the Local Government Act 2000 (c. 22) applies to a resolution under subsection (6) as it applied to a resolution to operate executive arrangements.

(8) If the local authority passes the resolution under subsection (6), the authority must make the move to the proposed leader and cabinet executive (England) in accordance with the timetable in the proposals.

(9) Executive arrangements which come into operation in accordance with this section are to be treated as being operated after the passing of a resolution of the local authority under section 33F of the Local Government Act 2000.

(10) In complying with this section, the local authority must comply with any directions given by the Secretary of State in connection with this section.

(11) For the purposes of this section the resident population of any area on 30th June 1999 is to be taken to be the Registrar General's estimate of that population on that date.

Failure to cease operating alternative arrangements

72

(1) This section applies if—

(a) section 71 applies to a local authority, and

(b) it appears to the Secretary of State that the local authority will fail to start to operate a leader and cabinet executive (England) by the day of the authority's annual meeting in 2009.

(2) The Secretary of State may by order specify executive arrangements for the local authority which provide for a leader and cabinet executive (England).

(3) The leader and cabinet executive (England) which is provided for under subsection (2) shall come into operation on the day of the local authority's annual meeting in 2009.

(4) Arrangements which the Secretary of State specifies under subsection (2) are to be treated as having been made by the local authority itself.

(5) Arrangements which come into operation in accordance with subsection (3) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the Local Government Act 2000 (c. 22).

(6) As soon as practicable after executive arrangements are specified under subsection (2), the local authority must comply with the following provisions of the Local Government Act 2000—

(a) section 29(2)(a);

(b) section 29(2)(b)(ii) to (v).

Sections 71 and 72: supplementary

73

(1) Section 33C of the Local Government Act 2000 does not apply to a local authority to which section 71 applies.

(2) Section 33I(1) of the Local Government Act 2000 is subject to sections 71 and 72.

(3) Subsection (4) applies to a local authority which—

(a) starts to operate a leader and cabinet executive (England) in accordance with section 71 or 72, and

(b) draws up proposals for a change in those governance arrangements of the kind set out in section 33A of the Local Government Act 2000 (new form of executive).

(4) For the purposes of section 33L of the Local Government Act 2000, the first permitted resolution period is to be the period which—

(a) starts with 1 October 2010, and

(b) ends with 31 December 2010;

(rather than the other period ending with 31 December 2010 that is specified in the table in section 33O(5) of the Local Government Act 2000).

(5) Expressions used in section 71 or 72 that are also used in Part 2 of the Local Government Act 2000 have the same meanings in that section as in that Part.

Further amendments & transitional provision

74

(1) Schedule 3 (executives: further amendments) has effect.

(2) Schedule 4 (new arrangements for executives: transitional provision) has effect.

Part 4 — Parishes

Chapter 1 — Parishes

Parishes: alternative styles

75

(1) The Local Government Act 1972 (c. 70) is amended as follows.

(2) After section 11 insert—

(11A) (1) An order under section 11(1) which forms a new group may make the provision set out in subsection (3). (2) But the order must make that provision in either of these cases— (a) if at least one of the parishes which is to be grouped does not have an alternative style, and at least one of them does have an alternative style; (b) if at least one of the parishes which is to be grouped has an alternative style, and at least one of them has a different alternative style. (3) The provision referred to in subsections (1) and (2) is— (a) provision that each of the parishes in the group shall have an alternative style, or (b) provision that each of the parishes in the group which has an alternative style shall cease to have an alternative style. (4) Provision made by virtue of subsection (3)(a)— (a) must provide for each of the parishes to have the same alternative style; (b) may provide for each of the parishes to have an alternative style which any of them already has; (c) has the effect that each parish in the new group shall cease to have any different alternative style which it had before the provision was made. (5) An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (6) if— (a) the parishes in the group do not have an alternative style, and (b) at least one of the parishes which is to be added has an alternative style. (6) The provision referred to in subsection (5) is provision that each added parish which has an alternative style shall cease to have an alternative style. (7) An order under section 11(1) which adds one or more parishes to an existing group must make the provision set out in subsection (8) if— (a) the parishes in the group have an alternative style, and (b) at least one of the parishes which is to be added— (i) has a different alternative style, or (ii) does not have any of the alternative styles. (8) The provision referred to in subsection (7) is provision that each added parish shall (if it does not already have the style) have the same alternative style as the parishes already in the group. (9) If an order makes provision under subsection (1) or (2) for parishes to have an alternative style, the group shall have the appropriate one of the following styles— (a) “group of communities”; (b) “group of neighbourhoods”; (c) “group of villages”. (10) As soon as practicable after making an order which includes any provision under this section, the council which makes the order must give notice of the change of style to all of the following— (a) the Secretary of State; (b) the Electoral Commission; (c) the Office of National Statistics; (d) the Director General of the Ordnance Survey; (e) any district council or county council within whose area the parish lies. (11B) (1) This section applies if— (a) the parishes in a group of parishes have an alternative style, and (b) an order under section 11(4) dissolves the group or separates one or more parishes from the group. (2) The order under section 11(4) must provide for each de-grouped parish to continue to have the alternative style. (3) In subsection (2) “de-grouped parish” means— (a) in the case of dissolution of the group, each parish in the group; (b) in the case of separation of one or more parishes from the group, each parish that is separated.

(3) After section 12 insert—

(12A) (1) This section applies to a parish which is not grouped with any other parish. (2) The appropriate parish authority may resolve that the parish shall have one of the alternative styles. (3) If the parish has an alternative style, the appropriate parish authority may resolve that the parish shall cease to have that style. (4) A single resolution may provide for a parish— (a) to cease to have an alternative style, and (b) to have another of the alternative styles instead. (5) As soon as practicable after passing a resolution under this section, the appropriate parish authority must give notice of the change of style to all of the following— (a) the Secretary of State; (b) the Electoral Commission; (c) the Office of National Statistics; (d) the Director General of the Ordnance Survey; (e) any district council, county council or London borough council within whose area the parish lies. (6) In this section “appropriate parish authority” means— (a) the parish council, or (b) if the parish does not have a parish council, the parish meeting. (12B) (1) This section applies to a group of parishes. (2) The common parish council of the group may resolve that each of the grouped parishes shall have the same alternative style. (3) If each of the grouped parishes has an alternative style, the common parish council of the group may resolve that each of the grouped parishes shall cease to have that style. (4) A single resolution may provide for each of the grouped parishes— (a) to cease to have an alternative style, and (b) to have the same one of the other alternative styles instead. (5) If the common parish council passes a resolution under this section for each of the grouped parishes to have an alternative style, the group of parishes shall have the appropriate one of the following styles— (a) “group of communities”; (b) “group of neighbourhoods”; (c) “group of villages”. (6) As soon as practicable after passing a resolution under this section, the common parish council of a group must give notice of the change of style to all of the following— (a) the Secretary of State; (b) the Electoral Commission; (c) the Office of National Statistics; (d) the Director General of the Ordnance Survey; (e) any district council, county council or London borough council within whose area the group lies.

(4) In section 13 (constitution of parish meeting etc) after subsection (5) insert—

(5A) If the parish has the style of community— (a) the parish meeting shall have the style of “community meeting”; (b) the parish trustees shall be known by the name of “The Community Trustees” with the addition of the name of the community. (5B) If the parish has the style of neighbourhood— (a) the parish meeting shall have the style of “neighbourhood meeting”; (b) the parish trustees shall be known by the name of “The Neighbourhood Trustees” with the addition of the name of the neighbourhood. (5C) If the parish has the style of village— (a) the parish meeting shall have the style of “village meeting”; (b) the parish trustees shall be known by the name of “The Village Trustees” with the addition of the name of the village.

(5) In section 14 (constitution and powers of parish council), after subsection (2) insert—

(2A) If the parish has the style of community, the council shall be known by the name “The Community Council” with the addition of the name of the community. (2B) If the parish has the style of neighbourhood, the council shall be known by the name “The Neighbourhood Council” with the addition of the name of the neighbourhood. (2C) If the parish has the style of village, the council shall be known by the name “The Village Council” with the addition of the name of the village. (2D) If parishes are grouped under a common parish council— (a) subsection (2), (2A), (2B) or (2C) (as appropriate) applies to that council as the subsection would apply in the case of the council of an individual parish; but (b) the names of all of the parishes, communities, neighbourhoods or villages in the group are to be included in the name of the common council.

(6) In section 15 (chairman and vice-chairman of parish council or meeting), after subsection (10) insert—

(11) If the parish has the style of community, the chairman and vice-chairman shall (respectively) have the style— (a) “chairman of the community council”; (b) “vice-chairman of the community council”. (12) If the parish has the style of neighbourhood, the chairman and vice-chairman shall (respectively) have the style— (a) “chairman of the neighbourhood council”; (b) “vice-chairman of the neighbourhood council”. (13) If the parish has the style of village, the chairman and vice-chairman shall (respectively) have the style— (a) “chairman of the village council”; (b) “vice-chairman of the village council”. (14) If parishes which have an alternative style are grouped under a common parish council, subsection (11), (12) or (13) (as appropriate) applies to the chairman and vice-chairman of that council as the subsection would apply in the case of the council of an individual parish.

(7) In section 16 (parish councillors), after subsection (5) insert—

(6) If the parish has the style of community, the councillors shall have the style of “councillors of the community council”. (7) If the parish has the style of neighbourhood, the councillors shall have the style of “councillors of the neighbourhood council”. (8) If the parish has the style of village, the councillors shall have the style of “councillors of the village council”. (9) If parishes which have an alternative style are grouped under a common parish council, subsection (6), (7) or (8) (as appropriate) applies to the councillors of that council as the subsection would apply in the case of the council of an individual parish.

(8) Before section 18 (and the cross-heading preceding it) insert—

(17A) (1) This section applies for the purposes of sections 9 to 16A. (2) “Alternative style” means one of the following styles— (a) “community”; (b) “neighbourhood”; (c) “village”. (3) References to a parish having an alternative style, or a particular alternative style, are references to the parish having that style by virtue of— (a) a relevant order, or (b) a resolution under section 12A or 12B. (4) The provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style are subject to any resolution under section 12A or 12B relating to that parish. (5) A resolution under section 12A or 12B relating to a parish is subject to any provisions of a relevant order which provide for a parish to have, or to cease to have, an alternative style. (6) A parish shall cease to have an alternative style if the parish begins to have the status of a town by virtue of section 245(6). (7) In this section “relevant order” means an order under— (a) section 11 of this Act, or (b) section 86 of the Local Government and Public Involvement in Health Act 2007.

Appointed councillors

76

(1) The Local Government Act 1972 (c. 70) is amended as follows.

(2) In section 15 (chairman and vice-chairman of parish council)—

(a) in subsection (1) after “from among the” insert “ elected ”;

(b) in subsection (6) for “a member” substitute “ one of the elected members ”.

(3) In section 16 (parish councillors), in subsection (1) after “number of” insert “ elected ”.

(4) After section 16 insert—

(16A) (1) A parish council may appoint persons to be councillors of the council. (2) The Secretary of State may by regulations make provision about— (a) the appointment of persons under this section; (b) the holding of office after appointment under this section. (3) The regulations may, in particular, make provision about any of the following matters— (a) persons who may be appointed; (b) the number of persons who may be appointed; (c) the term of office of persons appointed; (d) the right of persons appointed to participate in decision-making by the council (including voting); (e) purposes for which a person appointed is to be treated as an elected councillor; (f) the filling of vacancies. (4) In exercising a function under or by virtue of this section a parish council must have regard to any guidance issued by the Secretary of State about the exercise of that function. (5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Chapter 2 — Power to promote well-being

Extension of power to certain parish councils

77

(1) Section 1 of the Local Government Act 2000 (c. 22) (meaning of local authority in Part 1 of 2000 Act) is amended as follows.

(2) The provision of that section becomes subsection (1) of section 1.

(3) In subsection (1), after paragraph (a)(v) insert—

(vi) an eligible parish council,

(4) After subsection (1) insert—

(2) A parish council is “eligible” for the purposes of this Part if the council meets the conditions prescribed by the Secretary of State by order for the purposes of this section.

Community strategies

78

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Chapter 3 — Reorganisation

Key terms used

Community governance reviews

79

(1) A community governance review is a review of the whole or part of the principal council's area, for the purpose of making recommendations of the kinds set out in sections 87 to 92 (if, and so far as, those sections are applicable).

(2) In undertaking a community governance review the principal council must comply with—

(a) this Chapter, and

(b) the terms of reference of the review.

(3) A district council which is to undertake a community governance review must notify the county council for its area (if any)—

(a) that the review is to be undertaken, and

(b) of the terms of reference of the review (including any modification of those terms).

Community governance petitions

80

(1) A community governance petition is a petition for a community governance review to be undertaken.

(2) A petition is not a valid community governance petition unless the conditions in subsections (3) to (6) are met (so far as they are applicable).

(3) The petition must be signed as follows—

(a) if the petition area has fewer than 500 local government electors, the petition must be signed by at least 37.5% of the electors;

(b) if the petition area has between 500 and 2,500 local government electors, the petition must be signed by at least 187 of the electors;

(c) if the petition area has more than 2,500 local government electors, the petition must be signed by at least 7.5% of the electors.

(4) The petition must—

(a) define the area to which the review is to relate (whether on a map or otherwise), and

(b) specify one or more recommendations which the petitioners wish a community governance review to consider making.

(5) If the specified recommendations include the constitution of a new parish, the petition must define the area of the new parish (whether on a map or otherwise).

(6) If the specified recommendations include the alteration of the area of an existing parish, the petition must define the area of the parish as it would be after alteration (whether on a map or otherwise).

(7) If the specified recommendations include the constitution of a new parish, the petition is to be treated for the purposes of this Chapter as if the specified recommendations also include the recommendations in section 87(5) to (7).

(8) If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the petition is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).

Terms of reference of review

81

(1) The terms of reference of a community governance review are the terms on which the review is to be undertaken.

(2) The terms of reference of a community governance review must specify the area under review.

(3) Sections 83 and 84 make further provision about the terms of reference of community governance reviews.

(4) Subject to subsection (2), and sections 83 and 84, it is for a principal council—

(a) to decide the terms of reference of any community governance review which the council is to undertake; and

(b) to decide what modifications (if any) to make to terms of reference.

(5) As soon as practicable after deciding terms of reference, the principal council must publish the terms.

(6) As soon as practicable after modifying terms of reference, the principal council must publish the modified terms.

Undertaking community governance reviews

Council’s power to undertake review

82

A principal council may undertake a community governance review.

No review being undertaken: duty to respond to petition

83

(1) This section applies if these conditions are met—

(a) a principal council is not in the course of undertaking a community governance review;

(b) the council receives a community governance petition or community governance application which relates to the whole or part of the council's area.

(2) The principal council must undertake a community governance review that has terms of reference that allow for the petition or application to be considered.

(3) But the duty in subsection (2) does not apply if—

(a) the principal council has concluded a previous community governance review within the relevant two-year period, and

(b) in the council's opinion the petition area or application area covers the whole or a significant part of the area to which the previous review related.

For further provision about this case, see section 85.

Review being undertaken: duty to respond to petition

84

(1) This section applies if the following conditions are met—

(a) a principal council is in the course of undertaking a community governance review of part of the council's area (“the current review”);

(b) the council receives a community governance petition or community governance application which relates to part of the council's area;

(2) The principal council must follow one of the options in subsection (4), (5) or (6).

(3) But the duty in subsection (2) does not apply if—

(a) the principal council has concluded a previous community governance review within the relevant two-year period, and

(b) in the council's opinion the petition area or application area covers the whole or a significant part of the area to which the previous review related.

For further provision about this case, see section 85.

(4) The first option mentioned in subsection (2) is for the principal council to modify the terms of reference of the current review so that they allow for the petition or application to be considered.

(5) The second option is for the principal council to undertake a community governance review that—

(a) is separate from the current review, and

(b) has terms of reference that allow for the petition or application to be considered.

(6) The third option is for the principal council to—

(a) modify the terms of reference of the current review,

(b) undertake a community governance review that is separate from the current review (“the new review”), and

(i) the terms of reference of the current review (as modified), and

(ii) the terms of reference of the new review,

allow for the petition or application to be considered.

Power to respond to petition

85

(1) In any of the following cases where a principal council receive a community governance petition or community governance application, it is for the council to decide what action (if any) to take under section 82 (power to undertake review) or 81(4)(b) (power to modify terms of review) in response to that petition or application.

(2) The first case is where—

(a) section 83 applies (no review being undertaken when petition or application received), but

(b) the duty in section 83(2) does not apply because of section 83(3) (no duty to respond to petition or application because previous review concluded in relevant two-year period).

(3) The second case is where—

(a) section 84 applies (review being undertaken when petition or application received: petition area or application area wholly outside area under review), but

(b) the duty in section 84(2) does not apply because of section 84(3) (no duty to respond to petition or application because previous review concluded in relevant two-year period).

(4) The third case is where these conditions are met—

(a) a principal council is in the course of undertaking a community governance review of part of the council's area;

(b) the council receives a community governance petition or community governance application which relates to part of the council's area;

(5) The fourth case is where these conditions are met—

(a) a principal council is in the course of undertaking a community governance review of part of the council's area;

(b) the council receives a community governance petition or community governance application which relates to the whole of the council's area.

(6) The fifth case is where these conditions are met—

(a) a principal council is in the course of undertaking a community governance review of the whole of the council's area;

(b) the council receives a community governance petition or community governance application which relates to the whole or part of the council's area.

Reorganisation of community governance

86

(1) This section applies if a community governance review is undertaken.

(2) The principal council may, by order, give effect to the recommendations made in the review (except recommendations made to the Local Government Boundary Commission in accordance with section 92).

(3) But such an order may not include provision giving effect to any recommendations to change protected electoral arrangements, unless the Local Government Boundary Commission agrees to that provision.

(4) An order under this section must include a map showing in general outline the area affected by the order.

(5) An order under this section may vary or revoke a provision of an order previously made under—

(a) this section,

(b) Part 1 of this Act,

(ba) section 59 of the Local Democracy, Economic Development and Construction Act 2009,

(d) section 16 or 17 of the Local Government and Rating Act 1997 (c. 29).

(6) For the purposes of this section electoral arrangements are “protected” if—

(a) the electoral arrangements relate to the council of an existing parish,

(b) the electoral arrangements were made, or altered, by or in pursuance of an order under section 59 of the Local Democracy, Economic Development and Construction Act 2009, section 17 of the Local Government Act 1992 (c. 19) or section 14 of the Local Government and Rating Act 1997 (c. 29), and

(c) that order was made during the period of five years ending with the day on which the community governance review starts.

Recommendations of review

Constitution of new parish

87

(1) A community governance review must make recommendations as to what new parish or parishes (if any) should be constituted in the area under review.

(2) A new parish is constituted in any one of the following ways—

(a) by establishing an unparished area as a parish;

(b) by aggregating one or more unparished areas with one or more parished areas;

(d) by amalgamating two or more parishes;

(e) by separating part of a parish;

but the aggregation of one or more unparished areas with a single parish is not the constitution of a new parish.

(3) For the purposes of subsection (2)—

“parished area” means an area which—is a parish, oris part of a parish;

“unparished area” means an area which—is not a parish, andis not part of a parish.

(4) The following subsections apply if the review recommends that a new parish should be constituted.

(5) The review must also make recommendations as to the name of the new parish.

(6) The review must also make recommendations as to whether or not the new parish should have a parish council.

(7) The review must also make recommendations as to whether or not the new parish should have one of the alternative styles.

Existing parishes under review

88

(1) A community governance review must make the following recommendations in relation to each of the existing parishes under review (if any).

(2) The review must make one of the following recommendations—

(a) recommendations that the parish should not be abolished and that its area should not be altered;

(b) recommendations that the area of the parish should be altered;

(3) The review must make recommendations as to whether or not the name of the parish should be changed.

(4) The review must make one of the following recommendations—

(a) if the parish does not have a council: recommendations as to whether or not the parish should have a council;

(b) if the parish has a council: recommendations as to whether or not the parish should continue to have a council.

(5) But the review may not make any recommendations for the parish—

(a) to begin to have an alternative style (if it does not already have one), or

(b) to cease to have an alternative style, or to have a different alternative style, (if it already has one).

(6) In this section—

(a) “existing parishes under review” means each of the parishes (if any) which are already in existence in the area under review;

(b) references to the alteration of an area of a parish are references to any alteration which is not the constitution of a new parish (within the meaning of section 87(2)).

New council: consequential recommendations

89

(1) This section applies if, under a relevant provision, a community governance review makes recommendations that a parish should have a parish council.

(2) The review must also make recommendations as to what electoral arrangements should apply to the council.

(3) These are the relevant provisions for the purposes of this section—

(a) section 87 (new parishes);

(b) section 88 (existing parishes)

Council retained: consequential recommendations

90

(1) This section applies if, under a section 88, a community governance review makes recommendations that a parish should continue to have a parish council.

(2) The review must also make recommendations as to what changes (if any) should be made to the electoral arrangements that apply to the council.

Grouping or de-grouping parishes

91

(1) A community governance review may make recommendations as to whether or not grouping or de-grouping provision should be made.

(2) If the review recommends that grouping or de-grouping provision should be made, those recommendations must in particular include recommendations as to what changes (if any) should be made to the electoral arrangements that apply to any council affected by the provision.

(3) The reference to grouping or de-grouping provision is a reference to provision equivalent to the provision of an order under section 11 of the Local Government Act 1972 (c. 70).

County, district or London borough: consequential recommendations

92

(1) This section applies if a community governance review makes recommendations under any other provision of this Chapter.

(2) The review may make recommendations to the Local Government Boundary Commission as to what related alteration (if any) should be made to the boundaries of the electoral areas of any affected principal council.

(3) The Local Government Boundary Commission may by order give effect to recommendations made under subsection (2).

(4) The Local Government Boundary Commission must notify each relevant principal council of whether or not the Commission have given effect to recommendations made under subsection (2).

(5) If the Local Government Boundary Commission have given effect to the recommendations, they must also send each relevant principal council two copies of the order under this section.

(6) In this section—

“affected principal council” means any principal council whose area the community governance review relates to (including the council carrying out the review);

“related” means related to the other recommendations made under this Chapter.

“relevant principal council”, in relation to recommendations under subsection (2), means—the principal council that made the recommendations, andif the recommendations are made by a district council for an area for which there is a county council, the county council.

Duties of council undertaking review

Duties when undertaking a review

93

(1) The principal council must comply with the duties in this section when undertaking a community governance review.

(2) But, subject to those duties, it is for the principal council to decide how to undertake the review.

(3) The principal council must consult the following—

(a) the local government electors for the area under review;

(b) any other person or body (including a local authority) which appears to the principal council to have an interest in the review.

(4) The principal council must have regard to the need to secure that community governance within the area under review—

(a) reflects the identities and interests of the community in that area, and

(b) is effective and convenient.

(5) In deciding what recommendations to make, the principal council must take into account any other arrangements (apart from those relating to parishes and their institutions)—

(a) that have already been made, or

(b) that could be made,

for the purposes of community representation or community engagement in respect of the area under review.

(6) The principal council must take into account any representations received in connection with the review.

(7) As soon as practicable after making any recommendations, the principal council must—

(a) publish the recommendations; and

(b) take such steps as it considers sufficient to secure that persons who may be interested in the review are informed of those recommendations.

(8) The principal council must conclude the review within the period of 12 months starting with the day on which the council receives the community governance petition or community governance application.

Recommendations to create parish councils

94

(1) This section applies where a community governance review is required to make any of the following recommendations—

(a) recommendations under section 87(6) as to whether or not a new parish should have a parish council;

(b) recommendations under section 88(4)(a) as to whether or not an existing parish should have a parish council.

(2) If the parish has 1,000 or more local government electors, the review must recommend that the parish should have a council.

(3) If the parish has 150 or fewer local government electors, the review must recommend that the parish should not have a council.

(4) But subsection (3) does not apply if any part of the parish mentioned in subsection (1) is currently—

(a) a parish which has a council, or

(b) part of such a parish.

(5) If neither subsection (2) nor (3) applies, it is for the principal council to decide whether or not the parish should have a council.

Electoral recommendations: general considerations

95

(1) This section applies to the principal council when deciding a recommendation of a kind listed in the following table.

Recommendation	Made under
What electoral arrangements should apply to a new parish council	Section 89(2)
What changes (if any) should be made to the electoral arrangements which apply to a parish council	Section 90(2)

(2) The principal council must consider the questions in subsection (3) when deciding whether to recommend that a parish should, or should not, be or continue to be divided into wards for the purpose of electing councillors.

(3) Those questions are—

(a) whether the number, or distribution, of the local government electors for the parish would make a single election of councillors impracticable or inconvenient;

(b) whether it is desirable that any area or areas of the parish should be separately represented on the council.

(4) If the principal council decides to recommend that a parish should be divided into wards, the principal council must have regard to the factors in subsection (5) when considering—

(a) the size and boundaries of the wards, and

(b) the number of councillors to be elected for each ward.

(5) Those factors are—

(a) the number of local government electors for the parish;

(b) any change in the number, or distribution, of the local government electors which is likely to occur in the period of five years beginning with the day when the review starts;

(d) any local ties which will be broken by the fixing of any particular boundaries.

(6) If the principal council decides to recommend that a parish should not be divided into wards, the principal council must have regard to the factors in subsection (7) when considering the number of councillors to be elected for the parish.

(7) Those factors are—

(a) the number of local government electors for the parish;

(b) any change in that number which is likely to occur in the period of five years beginning with the day when the review starts.

Publicising outcome of review

Publicising outcome

96

(1) This section applies if a community governance review is undertaken.

(2) As soon as practicable after a principal council has decided to what extent it will give effect to the recommendations made in a community governance review, the council must—

(a) publish—

(i) that decision, and

(ii) the council's reasons for making that decision; and

(b) take such steps as the council considers sufficient to secure that persons who may be interested in the review are informed of that decision and those reasons.

(3) The following subsections apply if the council makes a reorganisation order.

(4) As soon as practicable after making the order, the council must deposit at its principal office—

(a) a copy of the reorganisation order, and

(b) a map which shows the effects of the order in greater detail than the map included in the order.

(5) The council must make the copy of the order and the map available for public inspection at all reasonable times.

(6) The council must publicise that the order and map are available for public inspection in accordance with subsection (5).

(7) As soon as practicable after making the order, the principal council must inform all of the following that the order has been made—

(a) the Secretary of State;

(b) the Local Government Boundary Commission;

(d) the Director General of the Ordnance Survey;

(e) any other principal council whose area the order relates to.

Miscellaneous

Supplementary regulations

97

(1) The Secretary of State may by regulations of general application make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, reorganisation orders.

(2) Regulations under this section are to have effect subject to any provision made by a reorganisation order.

Orders and regulations under this Chapter

98

(1) If a principal council makes a reorganisation order, the council must send—

(a) two copies of the order to the Secretary of State; and

(b) two copies of the order to the Local Government Boundary Commission.

(2) If the Secretary of State makes regulations under section 97, he must send two copies of the regulations to the Local Government Boundary Commission.

(3) A reorganisation order may include such incidental, consequential, transitional or supplementary provision as may appear to the principal council to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.

(4) A reorganisation order, or regulations under section 97, may include any of the following provision—

(a) provision with respect to the transfer and management or custody of property (whether real or personal);

(b) provision with respect to the transfer of functions, property, rights and liabilities.

(5) Provision made under subsection (4)(b) may include any of the following—

(a) provision for legal proceedings commenced by or against any body to be continued by or against a body to whom functions, property, rights or liabilities are transferred;

(b) provision for the transfer of staff, compensation for loss of office, pensions and other staffing matters;

(c) provision for treating any body to whom a transfer is made for some or all purposes as the same person in law as the body from whom the transfer is made.

(6) A reorganisation order, or regulations under section 97, may include provision for the exclusion or modification of the application of any of the following—

(a) section 16(3) or 90 of the Local Government Act 1972 (c. 70), or

(b) rules under section 36 of the Representation of the People Act 1983 (c. 2), whenever made.

(7) An order under section 92 may include such incidental, consequential, transitional or supplementary provision as may appear to the Local Government Boundary Commission to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.

Agreements about incidental matters

99

(1) Any public bodies affected by a reorganisation of community governance may from time to time make agreements with respect to—

(a) any property, income, rights, liabilities and expenses (so far as affected by the order) of the parties to the agreement;

(b) any financial relations between the parties to the agreement.

(2) Such an agreement may in particular provide—

(a) for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b) for the making of payments by any party to the agreement in respect of—

(i) property, rights and liabilities so transferred or retained;

(ii) such joint use; or

(iii) the remuneration or compensation payable to any person;

(d) for interest to be charged on any such instalments.

(3) In default of agreement about any disputed matter, the matter is to be referred to the arbitration of a single arbitrator—

(a) agreed on by the parties; or

(b) in default of agreement, appointed by the Secretary of State.

(4) The arbitrator's award may make any provision that could be contained in an agreement under this section.

(5) In this section—

“disputed matter” means any matter that—could be the subject of provision contained in an agreement under this section; andis the subject of a dispute between two or more public bodies that is not resolved by or under any order or regulations under this Chapter;

“public body” has the same meaning as in section 16;

“reorganisation of community governance” means any changes made by giving effect to a community governance review.

Guidance

100

(1) The Secretary of State may issue guidance about undertaking community governance reviews.

(2) The Local Government Boundary Commission may issue guidance about the making of recommendations under sections 89(2) or 90(2) (electoral arrangements for parish councils) or 92 (consequential recommendations about county, district or London borough councils).

(3) The Secretary of State may issue guidance about giving effect to recommendations made in community governance reviews.

(4) A principal council must have regard to guidance issued under this section.

Consequential amendments

101

Schedule 5 (consequential amendments) has effect.

Interpretation

102

(1) This section applies for the purposes of this Chapter.

(2) The following expressions have the meanings given—

“alternative style” has the same meaning as in sections 9 to 16A of the Local Government Act 1972 (c. 70) (see section 17A of that Act);

“application area” means the area to which a community governance application relates;

“area under review”, in relation to a community governance review, means however much of the area of a principal council is subject to the review;

“community governance application” has the meaning given by section 80A

“community governance petition” has the meaning given by section 80;

“community governance review” has the meaning given by section 79;

“electoral arrangements”, in relation to a parish council, means all of the following—the year in which ordinary elections of councillors are to be held;the number of councillors to be elected to the council, or (in the case of a common council) the number of councillors to be elected to the council by each parish;the division (or not) of the parish, or (in the case of a common council) any of the parishes, into wards for the purpose of electing councillors;the number and boundaries of any such wards;the number of councillors to be elected for any such ward;the name of any such ward;

“local government elector” has the same meaning as in the Local Government Act 1972 (see section 270);

“Local Government Boundary Commission” means the Local Government Boundary Commission for England.

“petition area” means the area to which a community governance petition relates;

“principal council” means—a district council in England,a county council in England for an area in which there are no district councils, ora London borough council;

“reorganisation order” means an order under section 86;

“relevant two-year period”, in relation to receipt of a community governance petition or community governance application, means the period of two years ending with the day on which the petition or application is received by the principal council;

“specified recommendations”, in relation to a community governance petition or community governance application, means the recommendations—specified in the petition or application, ortreated by section 80 as included in the recommendations specified in the petition or treated by section 80A as included in the recommendations specified in the application;

“terms of reference” has the meaning given by section 81.

(3) A principal council “begins” a community governance review when the council publishes the terms of reference of the review.

(4) A principal council “concludes” a community governance review when the council publishes the recommendations made in the review.

(5) A principal council is “in the course of undertaking” a community governance review in the period between—

(a) beginning the review, and

(b) concluding the review.

(6) The terms of reference of a community governance review “allow for a community governance petition or community governance application to be considered” if the terms of reference of the review are such that—

(a) the area under review includes the whole of the petition area or application area; and

(b) the recommendations to be considered by the review include all of the petition’s or application’s specified recommendations.

Part 5 — Co-operation of English authorities with local partners, etc

Chapter 1 — ...Community strategies

Application of Chapter: responsible local authorities

103

For the purposes of this Chapter, each of the following is a responsible local authority—

(a) a county council in England;

(b) a district council in England, other than a council for a district in a county for which there is a county council;

(d) the Council of the Isles of Scilly;

(e) the Common Council of the City of London in its capacity as a local authority.

Application of Chapter: partner authorities

104

(1) For the purposes of this Chapter, each of the following is a partner authority in relation to a responsible local authority—

(a) any person mentioned in subsection (2) who acts or is established for an area which, or any part of which, coincides with or falls within the responsible local authority's area;

(b) any person mentioned in subsection (3) who provides services at or from a hospital or other establishment or facility which falls within the responsible local authority's area; and

(2) The persons referred to in subsection (1)(a) are—

(a) any district council which is not a responsible local authority;

(b) a fire and rescue authority;

(d) the Broads Authority;

(e) a local policing body;

(f) a chief officer of police;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) a waste disposal authority established under section 10 of the Local Government Act 1985 (c. 51);

(i) an Integrated Transport Authority for an integrated transport area in England;

(ia) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(ib) a combined authority established under section 103 of that Act;

(ic) a combined county authority established under section 9 (1) of the Levelling-up and Regeneration Act 2023;

(j) Transport for London;

(ja) an integrated care board;

(jb) NHS England;

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) a local probation board established by section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

(n) a youth offending team established under section 39 of the Crime and Disorder Act 1998 (c. 37).

(3) The persons referred to in subsection (1)(b) are—

(a) a National Health Service trust;

(b) an NHS foundation trust.

(4) The persons referred to in subsection (1)(c) are—

(a) the Arts Council of England;

(b) the English Sports Council;

(d) the Health and Safety Executive;

(da) the Office for Nuclear Regulation;

(e) the Historic Buildings and Monuments Commission;

(ea) the Homes and Communities Agency;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(fa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the Museums, Libraries and Archives Council;

(h) Natural England;

(i) the Secretary of State, but only in relation to—

(i) his functions under section 2 of the Employment and Training Act 1973 (c. 50) (arrangements with respect to obtaining etc employment or employees);

(ii) functions which he has as highway authority by virtue of section 1 of the Highways Act 1980 (c. 66);...

(iii) functions which he has as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984 (c. 27).

(iv) his functions under sections 2 and 3 of the Offender Management Act 2007 (responsibility for ensuring the provision of probation services throughout England and Wales).

(5) In this section, “fire and rescue authority” means—

(a) a fire and rescue authority constituted by—

(i) a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21); or

(ii) a scheme to which section 4 of that Act applies;

(aa) a fire and rescue authority created by an order under section 4A of that Act;

(b) a metropolitan county fire and rescue authority; or

(5A) The Secretary of State's functions under this Chapter as a partner authority of a local authority in relation to the functions referred to in subsection (4)(i)(iv) are functions to which section 2(1)(c) of the Offender Management Act 2007 (functions to be performed through arrangements under section 3 of that Act) applies.

(6) In subsection (1)(a), references to the area for which a person acts or is established are references—

(a) in the case of the Commissioner of Police of the Metropolis, to the metropolitan police district (within the meaning of the Police Act 1996 (c. 16));

(b) in the case of the Commissioner of the City of London Police, to the City of London police area (within the meaning of that Act);

(c) in the case of any other chief officer of police, to the police area listed in Schedule 1 to that Act for which his police force is maintained;

(d) in the case of Transport for London, Greater London.

(7) The Secretary of State may by order—

(a) amend subsection (2), (3) or (4) by—

(i) adding to it any person who has functions of a public nature;

(ii) removing from it any person for the time being mentioned in it; or

(iii) adding to subsection (4)(i) any function of the Secretary of State or removing from it any function for the time being mentioned in it; and

(b) make such other amendments of this section as appear to him to be necessary or expedient in consequence of provision made under paragraph (a).

(8) Before making an order under subsection (7) the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.

“Local improvement targets”: interpretation

105

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Duty to prepare and submit draft of a local area agreement

106

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Approval of draft local area agreement by Secretary of State

107

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Duty to have regard to local improvement targets

108

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Designated targets

109

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Revision and addition of targets

110

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Designated targets: revision proposals

111

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Approval of revision proposal

112

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Duty to publish information about local area agreement

113

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Preparation of community strategy

114

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Orders under Part 1 of Local Government Act 2000: Wales

115

(1) Part 1 of the Local Government Act 2000 (promotion of economic, social or environmental well-being etc) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 6 (power to modify enactments concerning plans etc)—

(a) in subsection (1), at the end insert “so far as that enactment has effect in relation to a local authority in England”;

(b) in subsection (2)(a) and (b), after “authorities” insert “ in England ”;

(d) omit subsections (5) and (6).

(6) In section 7 (power to modify enactments concerning plans etc: Wales)—

(a) in subsection (1)—

(i) for “the National Assembly for Wales” substitute “ the Welsh Ministers ”; and

(ii) for “to which subsection (2) applies” substitute “ (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter ”;

(b) omit subsection (2);

(d) omit subsection (6).

(7) At the end of that section insert—

(8) An order under this section may not make a provision which, if it were a provision of a Measure of the National Assembly for Wales, would be outside the Assembly's legislative competence. (9) For the purposes of subsection (8), section 94(4) of the Government of Wales Act 2006 has effect as if paragraph (a) (matters within legislative competence) were omitted. (10) Subject to subsection (11), a statutory instrument which contains an order under this section is not to be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales. (11) A statutory instrument containing an order under this section which is made only for the purpose of amending an earlier such order— (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description, is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(8) In section 9 (procedure for orders under section 5 or 6)—

(a) in subsection (2), for “the National Assembly for Wales” substitute “ the Welsh Ministers ”; and

(b) in subsection (3)(d), for “the National Assembly for Wales” substitute “ the Welsh Ministers ”.

(9) After section 9 insert—

(9A) (1) Before the Welsh Ministers make an order under section 7 they must consult— (a) such local authorities in Wales, (b) such representatives of local government in Wales, and (c) such other persons (if any), as appear to them to be likely to be affected by their proposals. (2) If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 7 they must lay before the National Assembly for Wales a document which— (a) explains their proposals, (b) sets them out in the form of a draft order, and (c) gives details of consultation under subsection (1). (3) Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 7 to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was laid. (4) In calculating the period mentioned in subsection (3) no account is to be taken of any time during which the National Assembly is dissolved or is in recess for more than four days. (5) In preparing a draft order under section 7 the Welsh Ministers must consider any representations made during the period mentioned in subsection (3). (6) A draft order under section 7 which is laid before the National Assembly for Wales must be accompanied by a statement of the Welsh Ministers giving details of— (a) any representations considered in accordance with subsection (5), and (b) any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2). (7) Nothing in this section applies to an order under section 7 which is made only for the purpose of amending an earlier order under that section— (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.

116

(1) An assessment of relevant needs must be prepared in relation to the area of each responsible local authority.

(2) A further assessment of relevant needs in relation to the area of a responsible local authority—

(a) must be prepared if the Secretary of State so directs; and

(b) may be prepared at any time.

(3) A direction under subsection (2)(a) may be revoked.

(4) It is for—

(a) the responsible local authority, and

(b) each of its partner integrated care boards,

to prepare any assessment of relevant needs under this section in relation to the area of the responsible local authority.

(5) The responsible local authority must publish each assessment of relevant needs prepared under this section in relation to its area.

(5A) The responsible local authority must give a copy of each assessment of relevant needs prepared under this section to any integrated care partnership established under section 116ZA whose area coincides with or includes the whole or part of the area of the responsible local authority.

(6) For the purposes of this section, there is a relevant need in relation to so much of the area of a responsible local authority as falls within the area of a partner integrated care board if there appears to the responsible local authority and the partner integrated care board to be a need or to be likely to be a need to which subsection (7) applies.

(7) This subsection applies to a need—

(a) which—

(i) is capable of being met to a significant extent by the exercise by the responsible local authority of any of its functions; and

(ii) could also be met, or could otherwise be affected, to a significant extent by the exercise by the partner integrated care board or NHS England of any of its functions; or

(b) which—

(i) is capable of being met to a significant extent by the exercise by the partner integrated care board or NHS England of any of its functions; and

(ii) could also be met, or could otherwise be affected, to a significant extent by the exercise by the responsible local authority of any of its functions.

(8) In preparing an assessment under this section, the responsible local authority and each of its partner integrated care boards must—

(a) co-operate with one another;

(b) have regard to any guidance issued by the Secretary of State;

(ba) involve the Local Healthwatch organisation for the area of the responsible local authority;

(bb) involve the people who live or work in that area; and

(8A) In preparing an assessment under this section, the responsible local authority or a partner integrated care board may consult any person it thinks appropriate.

(9) In this section—

“partner integrated care board”, in relation to a responsible local authority, means any integrated care board whose area coincides with or falls wholly or partly within the area of the authority;

“relevant district council” means—in relation to a responsible local authority, any district council which is a partner authority of it; andin relation to a partner integrated care board of a responsible local authority, any district council which is a partner authority of the responsible local authority and whose district falls wholly or partly within the area of the integrated care board.

Interpretation of Chapter

117

In this Chapter—

“partner authority”, in relation to a responsible local authority, has the meaning given by section 104;

“responsible local authority” has the meaning given by section 103;...

Transitional provision

118

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Offender Management Act 2007 (c. 21) is amended as follows.

(4) In paragraph 5 of Schedule 3 (which adds functions of the Secretary of State in relation to probation services to the functions in relation to which the Secretary of State is a partner authority)—

(a) in sub-paragraph (1), for “Section 80” substitute “ Section 104 ”;

(b) in sub-paragraph (2), for “subsection (3)(g)” substitute “ subsection (4)(i) ”; and

(c) in sub-paragraph (3), in the inserted subsection (5A), for “subsection (3)(g)(iv)” substitute “ subsection (4)(i)(iv) ”.

(5) In Part 1 of Schedule 5 (repeals relating to probation services), in the entry relating to this Act—

(a) for “section 80(3)” substitute “ section 104(4) ”; and

(b) for “(g)(ii)” substitute “ (i)(ii) ”.

Chapter 2 — Overview and scrutiny committees

Reference of matter by councillor to overview and scrutiny committee

119

After section 21 of the Local Government Act 2000 (c. 22) insert—

(21A) (1) Executive arrangements by a local authority must include provision which— (a) enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee, (b) enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and (c) in the case of a local authority in England, enables any member of the authority to refer to an overview and scrutiny committee of the authority of which he is not a member any local government matter which is relevant to the functions of the committee. (2) For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee. (3) In considering whether to exercise the power which he has by virtue of subsection (1)(c) in any case, a member of an authority must have regard to any guidance for the time being issued by the Secretary of State. (4) Guidance under subsection (3) may make different provision for different cases. (5) Subsections (6) to (8) apply where a local government matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to subsection (1)(c). (6) In considering whether or not to exercise any of its powers under section 21(2) in relation to the matter, the committee may have regard to— (a) any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and (b) any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 21(2) in relation to the matter. (7) If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of— (a) its decision, and (b) the reasons for it. (8) The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 21(2) in relation to the matter. (9) Subsection (8) is subject to section 21D. (10) In this section “local government matter”, in relation to a member of a local authority, means a matter which— (a) relates to the discharge of any function of the authority, (b) affects all or part of the electoral area for which the member is elected or any person who lives or works in that area, and (c) is not an excluded matter. (11) In subsection (10)(c), “excluded matter” means any matter which is— (a) a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or (b) a matter of any description specified in an order made by the Secretary of State for the purposes of this section.

Power of overview and scrutiny committee to question members of authority

120

(1) In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees), in subsection (13), before “and” immediately following paragraph (a) insert—

(aa) may require any other member of the authority to attend before it to answer questions relating to any function which is exercisable by the member by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England),

(2) In subsection (14) of that section, for the words following “mentioned in” substitute “ paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph ”.

Powers to require information from partner authorities

121

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 20 of the Police and Justice Act 2006 (c. 48) (guidance and regulations regarding crime and disorder matters), after subsection (6) insert—

(6A) In subsection (5)(c) and (d), references to information are, in relation to any crime and disorder committee, to information relating to— (a) the discharge, or decisions made or other action taken in connection with the discharge, by the responsible authorities of their crime and disorder functions; or (b) local crime and disorder matters in relation to which the committee has functions under or by virtue of section 19.

(3) In subsection (7) of that section, for “and “co-operating persons and bodies”” substitute “, “ co-operating persons and bodies ”, “ crime and disorder functions ” and “ local crime and disorder matters ””.

(4) In section 244 of the National Health Service Act 2006 (c. 41) (functions of overview and scrutiny committees), after subsection (2) insert—

(2A) In subsection (2)(d) and (e), references to information are to information relating to matters relating to the health service in the authority's area.

Overview and scrutiny committees: reports and recommendations

122

(1) After section 21A of the Local Government Act 2000 (c. 22) (inserted by section 119) insert—

(21B) (1) This section applies where an overview and scrutiny committee of a local authority in England makes a report or recommendations to the authority or the executive, otherwise than— (a) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or (b) by virtue of subsection (3)(a) of that section. (2) The overview and scrutiny committee may publish the report or recommendations. (3) The overview and scrutiny committee must by notice in writing require the authority or executive— (a) to consider the report or recommendations, (b) to respond to the overview and scrutiny committee indicating what (if any) action the authority propose, or the executive proposes, to take, (c) if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response, (d) if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 21A(8), to provide the member with a copy of the response, and to do so within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice. (4) It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice. (5) Subsections (2) and (4) are subject to section 21D and to any provision made under section 22(12A). (6) In this section— (a) references to an overview and scrutiny committee include references to a sub-committee of such a committee; and (b) references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority. (21C) (1) This section applies where— (a) a relevant committee makes a report or recommendations to the authority or the executive, otherwise than— (i) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or (ii) by virtue of subsection (3)(a) of that section, and (b) the report or any of the recommendations relates to a local improvement target which— (i) relates to a relevant partner authority, and (ii) is specified in a local area agreement of the authority. (2) The relevant committee may by notice in writing to the relevant partner authority require the relevant partner authority to have regard to the report or recommendation in question in exercising their functions. (3) A notice under subsection (2) must be accompanied by a copy of the report or recommendations. (4) It is the duty of a relevant partner authority to which a notice is given under subsection (2) to comply with the requirement specified in the notice. (5) Subsection (2) does not apply if— (a) the relevant partner authority is a health service body, and (b) by virtue of section 244 of the National Health Service Act 2006, the report was, or the recommendations were, made to the health service body (as well as to the authority or the executive). (6) In subsection (5), “health service body” means— (a) a National Health Service trust, (b) an NHS foundation trust, or (c) a Primary Care Trust. (7) Subsections (2) and (3) are subject to section 21D. (8) In this section— - “the authority”, in relation to a relevant committee, means— 1. in the case of an overview and scrutiny committee, the local authority by which it is established, and 2. in the case of a sub-committee of an overview and scrutiny committee, the local authority by which the overview and scrutiny committee is established, - “the executive”, in relation to a relevant committee, means the executive of the authority, - “local improvement target” and “local area agreement” have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007 (local area agreements), - “relevant committee” means— 1. any overview and scrutiny committee of— 1. a county council in England, 2. a district council in England, other than a council for a district in a county for which there is a county council, or 3. a London borough council, or 2. a sub-committee of an overview and scrutiny committee within paragraph (a), and - “relevant partner authority”, in relation to a relevant committee, means any person who is a partner authority in relation to the authority for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than— 1. a police authority, or 2. a chief officer of police; and references to a target relating to a relevant partner authority are to be construed in accordance with section 105(3) of the Local Government and Public Involvement in Health Act 2007. (21D) (1) This section applies to— (a) the publication under section 21B of any document comprising— (i) a report or recommendations of an overview and scrutiny committee, or (ii) a response of a local authority to any such report or recommendations, and (b) the provision of a copy of such a document— (i) to a member of a local authority under section 21A(8) or section 21B, or (ii) to a relevant partner authority under section 21C, by an overview and scrutiny committee or a local authority. (2) The overview and scrutiny committee or the local authority, in publishing the document or providing a copy of the document to a relevant partner authority— (a) must exclude any confidential information, and (b) may exclude any relevant exempt information. (3) The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information. (4) Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document— (a) may replace so much of the document as discloses the information with a summary which does not disclose that information, and (b) must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible. (5) If by virtue of subsection (2), (3) or (4) an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations— (a) excludes information, or (b) replaces part of the report or recommendations with a summary, it is nevertheless to be taken for the purposes of section 21B(3)(c) or (d) to have published or provided a copy of the report or recommendations. (6) In this section— - “confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils), - “exempt information” has the meaning given by section 100I of that Act, and, in relation to— 1. any report or recommendations of an overview and scrutiny committee which has functions under section 21(2)(f), or 2. any response to such a report or recommendations, - “relevant exempt information” means— 1. in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and 2. in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered, and - “relevant partner authority”, in relation to an overview and scrutiny committee which is a relevant committee within the meaning of section 21C, has the same meaning as in that section. (7) In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.

(2) In section 22 of that Act (access to information etc), after subsection (12) insert—

(12A) The Secretary of State may by regulations make provision, in relation to— (a) the publication by executives of local authorities in England under section 21B, or under any provision of regulations under section 21E which applies or reproduces (with or without modifications) any provision of section 21B, of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or (b) the provision by such executives under that section of copies of such responses, which applies or reproduces (with or without modifications) any provisions of section 21D.

Joint overview and scrutiny committees: local improvement targets

123

(1) The Secretary of State may by regulations make provision under which any two or more local authorities in England may—

(a) appoint a joint committee (a “joint overview and scrutiny committee”), and

(b) arrange for the committee to exercise any functions in subsection (2).

(2) The functions in this subsection are functions of making reports or recommendations to—

(a) any of the local authorities appointing the committee (the “appointing authorities”), or

(b) if any of the appointing authorities is a non-unitary district council, the related county council,

about any matter which is not an excluded matter.

(3) In subsection (2) “excluded matter” means any matter with respect to which a crime and disorder committee could make a report or recommendations—

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