Local Government and Public Involvement in …

1 Local Governmentand PublicInvolvement in HealthAct 2007 CHAPTER 28 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately 31 00 Local Government and Public Involvement in Health Act 2007 CHAPTER 28 CONTENTSPART 1 STRUCTURAL AND BOUNDARY CHANGE IN ENGLANDCHAPTER 1 STRUCTURAL AND BOUNDARY CHANGEC hange from two tiers to single tier of Local government1 Principal authority and single tier of Local Government 2 Invitations and directions for proposals for single tier of Local government3 Invitations, directions and proposals: supplementary4 Request for Boundary Committee for England s advice5 Boundary Committee s powers6 Boundary Committee s procedure7 Implementation of proposals by orderBoundary change8 Review by Boundary Committee of Local Government areas9 Boundary Committee s review: consultation etc10 Implementation of recommendations by orderImplementation of changes11 Implementation orders: provision that may be included12 Provision relating to membership etc of authorities13 Implementation orders: further provision14 Regulations for supplementing ordersLocal Government and Public Involvement in Health Act 2007 (c.)

2 28)ii15 Incidental etc provision in orders or regulations16 Agreements about incidental matters17 Residuary bodies18 Staff commissions19 Certain county councils to be billing authoritiesSupplementary20 Correction of orders21 Pre-commencement invitations etc22 Consequential amendments23 Definitions for purposes of Chapter 1 CHAPTER 2 CONTROL OF DISPOSALS ETC24 Authorities dissolved by orders: control of disposals, contracts and reserves25 Directions: further provision about reserves26 Directions: supplementary27 Consideration to be taken into account for purposes of direction28 Contraventions of direction29 Power to amend30 Definitions for purposes of Chapter 2 PART 2 ELECTORAL ARRANGEMENTSCHAPTER 1 POWER OF DISTRICT COUNCILS IN ENGLAND TO CHANGE ELECTORAL SCHEMEI ntroductory31 Schemes for electionsPower of district councils to change to whole-council elections32 Resolution for whole-council elections33 Resolution for whole-council elections: requirements34 Scheme for whole-council elections35 Publicity36 Notice to Electoral CommissionPower of district councils to revert to partial-council elections37 Resolution for elections by halves38 Resolution for elections by halves: requirements39 Resolution for elections by thirds40 Resolution for elections by thirds.

3 Requirements41 Publicity for resolution42 Notice to Electoral Commission43 Electoral Commission to consider whether electoral review is necessaryLocal Government and Public Involvement in Health Act 2007 (c. 28)iii44 Electoral Commission to make order for new electoral scheme45 Order for elections by halves: years in which elections are to be held46 Orders for elections by halves: councillors to be elected at ordinary elections47 Order for elections by thirds: years in which elections are to be held48 Order for elections by thirds: councillors to be elected at ordinary elections49 Order for elections by halves or elections by thirds: transitional provision50 Power of Electoral Commission to make incidental etc provision51 Position if Electoral Commission act under existing powers52 Publicity for order by Electoral CommissionPower of district councils to alter years of ordinary elections of parish councillors53 Power of council to alter years of ordinary elections of parish councillorsAmendment of existing provisions about schemes for ordinary elections54 Amendment of existing provisions about schemes for ordinary electionsCHAPTER 2 MISCELLANEOUSR equests for single-member electoral areas in England55 Requests for single-member electoral areasElectoral Commission and Boundary Committee: reviews and recommendations56 Electoral Commission and Boundary Committee.

4 Reviews andrecommendations57 Procedure in connection with reviewsElectoral areas in England58 Metropolitan districts: councillors per ward59 Change of name of electoral areaElection dates60 Power to change date of Local elections to date of European Parliamentarygeneral electionCHAPTER 3 CONSEQUENTIAL AMENDMENTS61 Consequential amendmentsPART 3 EXECUTIVE ARRANGEMENTS FOR ENGLAND62 Executive arrangements for England63 Discharge of functionsLocal Government and Public Involvement in Health Act 2007 (c. 28)iv64 Changing governance arrangements65 Referendum following petition66 Elected mayors67 Leader and cabinet executives (England)68 Power to make incidental, consequential provision etc69 Time limit for holding further referendum70 Interpretation71 Larger authorities to cease operating alternative arrangements72 Failure to cease operating alternative arrangements73 Sections 71 and 72: supplementary74 Further amendments & transitional provisionPART 4 PARISHESCHAPTER 1 PARISHES75 Parishes.

5 Alternative styles76 Appointed councillorsCHAPTER 2 POWER TO PROMOTE WELL-BEING77 Extension of power to certain parish councils78 Community strategiesCHAPTER 3 REORGANISATIONKey terms used79 Community governance reviews80 Community governance petitions81 Terms of reference of reviewUndertaking community governance reviews82 Council s power to undertake review83No review being undertaken: duty to respond to petition84 Review being undertaken: duty to respond to petition85 Power to respond to petitionReorganisation of community governance86 Reorganisation of community governanceRecommendations of review87 Constitution of new parishLocal Government and Public Involvement in Health Act 2007 (c. 28)v88 Existing parishes under review89 New council: consequential recommendations90 Council retained: consequential recommendations91 Grouping or de-grouping parishes92 County, district or London borough: consequential recommendationsDuties of council undertaking review93 Duties when undertaking a review94 Recommendations to create parish councils95 Electoral recommendations: general considerationsPublicising outcome of review96 Publicising outcomeMiscellaneous97 Supplementary regulations98 Orders and regulations under this Chapter99 Agreements about incidental matters100 Guidance101 Consequential amendments102 InterpretationPART 5CO-OPERATION OF ENGLISH AUTHORITIES WITH Local PARTNERS, ETCCHAPTER 1 Local AREA AGREEMENTS AND COMMUNITY STRATEGIES103 Application of Chapter.

6 Responsible Local authorities104 Application of Chapter: partner authorities105 Local improvement targets : interpretation106 Duty to prepare and submit draft of a Local area agreement107 Approval of draft Local area agreement by Secretary of State108 Duty to have regard to Local improvement targets109 Designated targets110 Revision and addition of targets111 Designated targets: revision proposals112 Approval of revision proposal113 Duty to publish information about Local area agreement114 Preparation of community strategy115 Orders under Part 1 of Local Government Act 2000: Wales116 Health and social care: joint strategic needs assessments117 Interpretation of Chapter118 Transitional provisionLocal Government and Public Involvement in Health Act 2007 (c. 28)viCHAPTER 2 OVERVIEW AND SCRUTINY COMMITTEES119 Reference of matter by councillor to overview and scrutiny committee120 Power of overview and scrutiny committee to question members of authority121 Powers to require information from partner authorities122 Overview and scrutiny committees: reports and recommendations123 Joint overview and scrutiny committees: Local improvement targets124 Overview and scrutiny committees of district councils: Local improvementtargets125 Guidance126 Reference of Local crime and disorder matters to crime and disordercommittees etc127 Overview and scrutiny committees.

7 Consequential amendments128 Transitional provisionPART 6 BYELAWS129 Alternative procedure for byelaws130 Fixed penalties for breach of byelaws131 Use of fixed penalty receipts132 Guidance133 Community support officers etc134 Revocation of byelaws135 Further amendments relating to byelawsPART 7 BEST VALUEBest value authorities136 Parish councils and community councils etc not to be best value authoritiesDuties of best value authorities137 Guidance about general best value duty138 Involvement of Local representatives139 Abolition of performance indicators etc except for Welsh authorities140 Abolition of best value performance reviewsPowers to modify enactments etc141 Consultation with and consent of Welsh Ministers142 Power of Welsh Ministers to modify enactments obstructing best value etcOther143 Grants to promote or facilitate exercise of functions by best value authorities144 Best value: minor and consequential amendmentsLocal Government and Public Involvement in Health Act 2007 (c.)

8 28)viiPART 8 Local SERVICES: INSPECTION AND AUDITCHAPTER 1 CONSTITUTION OF THE AUDIT COMMISSION145 Membership146 Change of nameCHAPTER 2 AUDIT COMMISSION AND AUDITORS: FUNCTIONS AND PROCEDUREB enefits inspections147 Powers of the Audit Commission relating to benefits148 Benefit Fraud Inspectorate: transfers to the Audit CommissionInteraction with other authorities149 Interaction of the Audit Commission with other authorities150 Interaction of benefits inspectors with the Audit CommissionInspections and audit151 Powers of auditors and inspectors to obtain information152 Inspections of best value authoritiesStudies and reports etc153 National studies154 Studies at request of particular bodies155 Registered social landlords156 Information about performance standards of Local authorities etc157 Reports on English Local authorities158 Reports categorising English Local authoritiesMiscellaneous159 Appointment of auditors160 Inspection and disclosure of personal information161 Right to make objections at audit162 Appointment of auditor to carry out agreed audits163 Consent for the purposes

9 Of agreed audit164 Disclosure of information obtained by the Audit Commission or an auditor165 Publication of information by the Audit CommissionCHAPTER 3 AUDITOR GENERAL FOR WALES AND AUDITORS166 Registered social landlords in WalesLocal Government and Public Involvement in Health Act 2007 (c. 28)viii167 Disclosure of information obtained by the Auditor General for Wales or anauditorPART 9 THE COMMISSION FOR Local ADMINISTRATION IN ENGLAND168 Appointment and removal of Commissioners169 Responsibilities of Commissioners170 Annual reports171 Power to investigate172 Authorities subject to investigation173 Matters subject to investigation174 Complaints and matters coming to Commissioners attention175 Reports and statements of reasons176 Power of Commissioners to make recommendations etc177 Publication of reports etc by Commissioners178 Making complaints etc electronically179 Disqualifications180 Expenses of the Commission181 Delegation182 Minor and consequential amendmentsPART 10 ETHICAL STANDARDSCHAPTER 1 CONDUCT OF Local AUTHORITY MEMBERSC odes of conduct183 Conduct that

10 May be covered by code184 Certain references to code of conduct to include default codeConduct of members of authorities in England: assessment of allegations185 Assessment of allegations186 Information to be provided to Standards Board by relevant authorityConduct of Local authority members: miscellaneous amendments187 Chairmen of standards committees188 Sub-committees of standards committees189 Joint committees of relevant authorities in England190 Standards Board for England: functions191 Ethical standards officers: investigations and findings192 Ethical standards officers: reports etc193 Disclosure by monitoring officers of ethical standards officers reports194 Matters referred to monitoring officers195 References to Adjudication Panel for action in respect of misconduct196 Consultation with ombudsmen197 Interim case tribunalsLocal Government and Public Involvement in Health Act 2007 (c.)