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Local Government Bill


Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    59

 

            the authority contracts with the subsequent contractor on terms satisfying the

requirements of subsection (4).

     (4)    Those requirements are that the terms—

           (a)           require the subsequent contractor, in the event of there being any

transferring original employees, to secure pension protection for each

5

of them, and

           (b)           so far as relating to the securing of pension protection for an original

employee, are enforceable by the employee.

     (5)    For the purposes of subsection (4)—

           (a)           “transferring original employee” means an original employee—

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                  (i)                 whose contract of employment becomes, by virtue of the

application of the TUPE regulations in relation to what is done

for the purposes of carrying out the contract between the

authority and the subsequent contractor, a contract of

employment with someone other than his existing employer,

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and

                  (ii)                whose contract of employment on each occasion when an

intervening contract was carried out became, by virtue of the

application of the TUPE regulations in relation to what was

done for the purposes of carrying out the intervening contract,

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a contract of employment with someone other than his existing

employer;

           (b)           “pension protection” is secured for a transferring original employee if

after the change in his employer mentioned in paragraph (a)(i) he has,

as an employee of his new employer, rights to acquire pension benefits

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and those rights—

                  (i)                 are the same as, or

                  (ii)                under the directions count as being broadly comparable to or

better than,

                         those that he had before that change.

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     (6)    In subsection (5)(a)(ii), “intervening contract” means a contract with the

authority for the provision, at times after they are provided under the contract

with the first contractor and before they are to be provided under a contract

with the subsequent contractor, of the services to be provided under the

contract with the subsequent contractor.

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     (7)    Any expression used in this section, and in the TUPE regulations, has in this

section the meaning that it has in the TUPE regulations.

     (8)    In this section—

                    “appropriate person”, in relation to Scotland, means the Scottish

Ministers;

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                    “local authority”—

                  (a)                 in relation to England and Wales, means a local authority for the

purposes of section 1(1)(a) of the Local Government Act 1999

(c. 27) (local authorities in England and Wales that are best

value authorities), and

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                  (b)                                     in relation to Scotland, means a council constituted under

section 2 of the Local Government etc. (Scotland) Act 1994

(c. 39);

 

 

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Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

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                    “the TUPE regulations” means the Transfer of Undertakings (Protection

of Employment) Regulations 1981 (S.I. 1981/1794), or any regulations

replacing those regulations, as from time to time amended.

2004 local government elections

 104   Power to change date of elections in England

5

     (1)    The Secretary of State may by order provide that in 2004—

           (a)           the ordinary day of election of councillors for—

                  (i)                 all local government areas in England, or

                  (ii)                all local government areas in England, except parishes, and

           (b)           the day on which the poll is to be held at the second ordinary election

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under the Greater London Authority Act 1999 (c. 29),

            shall be changed so as to be the same as the date of the poll at the European

Parliamentary general election.

     (2)    Where the Secretary of State makes an order under subsection (1), he may by

order—

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           (a)           make provision modifying, in relation to elections in England in 2004—

                  (i)                 section 89(1) or (2) of the Local Government Act 1972 (c. 70)

(holding of elections to fill casual vacancies in the office of

councillor for a principal area), or

                  (ii)                rules made for the purposes of section 89(6) of that Act (which

20

provides for casual vacancies in the office of parish councillor to

be filled in accordance with rules under section 36 of the

Representation of the People Act 1983 (c. 2));

           (b)           make provision disapplying section 16(1) of the Representation of the

People Act 1985 (c. 50) (which postpones for 3 weeks the poll at an

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election of parish councillors where the date of the poll at a European

Parliamentary general election and the ordinary day of election for

councillors in England and Wales are the same) in relation to elections

in England in 2004;

           (c)           make such provision as he thinks fit for the purpose of enabling the

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annual meeting in 2004 of an authority to which subsection (3) applies

to be held after the date of the poll at the European Parliamentary

general election.

     (3)    This subsection applies to—

           (a)           any of the following for which 2004 is not a year of ordinary elections

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of councillors to the council—

                  (i)                 a county council in England,

                  (ii)                a district council, and

                  (iii)               a parish council;

           (b)           an authority established by Part 4 of the Local Government Act 1985

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(c. 51) (joint authorities);

           (c)           a police authority established under section 3 of the Police Act 1996

(c. 16);

           (d)           the Metropolitan Police Authority.

     (4)    Where the National Assembly for Wales makes an order under section 105, the

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Secretary of State may by order make in relation to elections in England such

 

 

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Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

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consequential provision, including provision excluding or modifying the

application of any enactment, as he thinks fit.

     (5)    Before making an order under this section, the Secretary of State must

consult—

           (a)           the Electoral Commission, and

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           (b)           such other persons or bodies as he considers appropriate.

     (6)    Subsection (5) may be satisfied by consultation before, as well as by

consultation after, the commencement of this section.

     (7)    In subsection (1)—

                    “local government area” has the same meaning as in the Representation of

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the People Act 1983;

                    “ordinary election” is to be read in accordance with section 2(7) of the

Greater London Authority Act 1999 (c. 29).

     (8)    In subsection (4) “enactment” includes an enactment comprised in secondary

legislation within the meaning of the Interpretation Act 1978 (c. 30).

15

 105   Power to change date of elections in Wales

     (1)    The National Assembly for Wales may by order provide that in 2004 the

ordinary day of election of councillors for—

           (a)           all local government areas in Wales, or

           (b)           all local government areas in Wales, except communities, or

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           (c)           all communities,

            shall be changed so as to be the same as the date of the poll at the European

Parliamentary general election.

     (2)    Where the Assembly makes an order under subsection (1), it may by order—

           (a)           make provision modifying, in relation to elections in Wales in 2004—

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                  (i)                 section 89(1) or (2) of the Local Government Act 1972 (c. 70)

(holding of elections to fill casual vacancies in the office of

councillor for a principal area), or

                  (ii)                rules made for the purposes of section 89(6) of that Act (which

provides for casual vacancies in the office of community

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councillor to be filled in accordance with rules under section 36

of the Representation of the People Act 1983 (c. 2));

           (b)           make provision disapplying section 16(1) of the Representation of the

People Act 1985 (c. 50) (which postpones for 3 weeks the poll at an

election of community councillors where the date of the poll at a

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European Parliamentary general election and the ordinary day of

election for councillors in England and Wales are the same) in relation

to elections in Wales in 2004.

     (3)    Where the Secretary of State makes an order under section 104, the National

Assembly for Wales may by order make in relation to elections in Wales such

40

consequential provision, including provision excluding or modifying the

application of any enactment, as it thinks fit.

     (4)    Before making an order under this section, the National Assembly for Wales

must consult—

           (a)           the Electoral Commission, and

45

           (b)           such other persons or bodies as it considers appropriate.

 

 

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Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

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     (5)    Subsection (4) may be satisfied by consultation before, as well as by

consultation after, the commencement of this section.

     (6)    In subsection (1), “local government area” has the same meaning as in the

Representation of the People Act 1983.

     (7)    In subsection (3) “enactment” includes an enactment comprised in secondary

5

legislation within the meaning of the Interpretation Act 1978.

Valuation Tribunal Service

 106   The Valuation Tribunal Service

     (1)    There shall be a body corporate to be known as the Valuation Tribunal Service

(referred to in this section, section 107 and Schedules 4 and 5 as “the Service”).

10

     (2)    The Service shall have the following functions in relation to valuation tribunals

in England—

           (a)           providing, or arranging for the provision of, the services required for

the operation of tribunals, in particular—

                  (i)                 accommodation,

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                  (ii)                staff (including clerks to tribunals),

                  (iii)               information technology,

                  (iv)                equipment, and

                  (v)                 training for members and staff of (including clerks to) tribunals;

           (b)           giving general advice about procedure in relation to proceedings before

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tribunals.

     (3)    The Service shall provide the Secretary of State with such information, advice

and assistance as he may require.

     (4)    The Service may do anything which it considers is calculated to facilitate, or is

conducive or incidental to, the carrying-out of its functions.

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     (5)    The Service shall carry out its functions with respect to valuation tribunals in

the manner which it considers best calculated to secure their efficient and

independent operation.

     (6)    The Service shall, in relation to its functions with respect to valuation tribunals,

consult the tribunals concerned about the carrying-out of its functions.

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     (7)    The Secretary of State may—

           (a)           after consultation with the Service, give directions to it for the purpose

of securing the effective carrying-out of its functions, and

           (b)           issue guidance to the Service about the carrying-out of its functions.

     (8)    The Service shall, in carrying out its functions—

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           (a)           comply with any directions under subsection (7)(a), and

           (b)           have regard to any guidance under subsection (7)(b).

     (9)    Schedule 4 (which makes further provision about the Service) has effect.

 107   Transfer to Service of property, rights and liabilities

     (1)    The Secretary of State may make one or more schemes for the transfer to the

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Service of—

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

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           (a)           such of his property, rights and liabilities, or

           (b)           such of the property, rights and liabilities of a valuation tribunal in

England,

            as appear to him to be appropriate to be transferred for the performance of the

Service’s functions.

5

     (2)    On the day appointed by a transfer scheme for the coming into force of the

scheme, the property, rights and liabilities which are the subject of the scheme

shall, by virtue of this subsection, be transferred in accordance with the

provisions of the scheme.

     (3)    Schedule 5 (which makes further provision in relation to transfer schemes) has

10

effect.

Audit Commission

 108   Auditors’ public interest reports: time allowed for consideration

     (1)    The Audit Commission Act 1998 (c. 18) is amended as follows.

     (2)    In section 11(4) (body subject to audit must consider section 8 report or section

15

11(3) recommendation within four months of its being sent), for “four months”

there is substituted “one month”.

     (3)    In section 11(6) (auditor’s power to extend time limit), for “four months” there

is substituted “one month”.

     (4)    In section 11A(8) (Mayor and Assembly must consider section 8 report or

20

section 11(3) recommendation within four months of its being sent to the

Greater London Authority), for “four months” substitute “one month”.

     (5)    In section 11A(9) (auditor’s power to extend time limit), for “four months”

there is substituted “one month”.

 109   Auditors’ public interest reports: publicity

25

After section 13 of the Audit Commission Act 1998 there is inserted—

       “13A            Additional publicity for non-immediate reports

           (1)           This section applies where under section 10(1) an auditor has sent a

report that is not an immediate report to a body or its chairman, except

where the body is a health service body.

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           (2)           The auditor may—

                  (a)                 notify any person he thinks fit of the fact that he has made the

report,

                  (b)                 publish the report in any way he thinks fit, and

                  (c)                 supply a copy of the report, or of any part of it, to any person he

35

thinks fit.

           (3)           From the time when the report is sent under section 10(1), but subject

to subsection (4)—

                  (a)                 the auditor shall ensure that any member of the public may—

                        (i)                        inspect the report at all reasonable times without

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payment, and

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

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                        (ii)                       make a copy of the report or of any part of it;

                  (b)                 any member of the public may require the auditor to supply

him with a copy of the report, or of any part of it, on payment of

a reasonable sum.

           (4)           From the end of the period of one year beginning with the day when

5

the report is sent under section 10(1), the obligations of the auditor

under subsection (3)—

                  (a)                 cease to be his obligations, but

                  (b)                 become obligations of the Commission instead.”

 110   Registered social landlords

10

     (1)    After section 41 of the Audit Commission Act 1998 (c. 18) there is inserted—

       “41A            Inspections of registered social landlords

           (1)           The Commission may carry out an inspection of—

                  (a)                 the quality of services provided by a registered social landlord;

                  (b)                 a registered social landlord’s arrangements for securing

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continuous improvement in the efficiency, effectiveness and

economy with which it provides services.

           (2)           Where the Commission has carried out an inspection under subsection

(1) it shall issue a report.

           (3)           A report under subsection (2) shall mention any matter that, as a result

20

of the inspection, the Commission considers should be drawn

specifically to the attention of the Relevant Authority.

           (4)           The Commission—

                  (a)                 shall send a copy of a report under subsection (2) to the

registered social landlord concerned and to the Relevant

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Authority;

                  (b)                 may publish a report under subsection (2) and any information

in respect of a report.

           (5)           Section 11 of the Local Government Act 1999 (best value inspections

under section 10: inspectors’ powers and duties, and offences) shall

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apply for the purposes of an inspection of a registered social landlord

under subsection (1) of this section as it applies for the purposes of an

inspection of a best value authority under section 10 of that Act.

           (6)           The Commission shall, when drawing up any programme of

inspections under subsection (1), consult the Relevant Authority.

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       41B            Fees for inspections under section 41A

           (1)           The appropriate person may by order make provision of any of the

following kinds in relation to the charging of fees by the Commission

in respect of inspections under section 41A(1)—

                  (a)                 provision authorising the Commission to prescribe a scale or

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scales of fees in respect of inspections;

                  (b)                 provision governing the prescribing of scales;

                  (c)                 provision requiring a registered social landlord inspected

under section 41A(1) to pay to the Commission any fee

applicable to the inspection in accordance with a scale

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Chapter 1 — Miscellaneous

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prescribed under provision of the kind mentioned in paragraph

(a);

                  (d)                 such incidental, consequential or supplementary provision as

the appropriate person thinks necessary or expedient.

           (2)           In subsection (1) “the appropriate person” means—

5

                  (a)                 in relation to registered social landlords for which the Housing

Corporation is the Relevant Authority, the Secretary of State,

and

                  (b)                 in relation to registered social landlords for which the National

Assembly for Wales is the Relevant Authority, the Assembly.

10

           (3)           The Secretary of State shall, before making an order under subsection

(1), consult—

                  (a)                 the Commission and the Housing Corporation, and

                  (b)                 persons appearing to the Secretary of State to represent

registered social landlords affected by his proposals.

15

           (4)           The National Assembly for Wales shall, before making an order under

subsection (1), consult—

                  (a)                 the Commission, and

                  (b)                 persons appearing to the Assembly to represent registered

social landlords affected by its proposals.

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           (5)           The Commission shall, before prescribing a scale of fees that it is

authorised to prescribe by an order under subsection (1) made by the

Secretary of State, consult—

                  (a)                 the Secretary of State and the Housing Corporation, and

                  (b)                 persons appearing to the Commission to represent registered

25

social landlords affected by its proposals.

           (6)           The Commission shall, before prescribing a scale of fees that it is

authorised to prescribe by an order under subsection (1) made by the

National Assembly for Wales, consult—

                  (a)                 the Assembly, and

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                  (b)                 persons appearing to the Commission to represent registered

social landlords affected by its proposals.”

     (2)    In section 52(1) of that Act (orders and regulations to be made by statutory

instrument), after “the Secretary of State” there is inserted “or the National

Assembly for Wales”.

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     (3)    In paragraph 8(2) of Schedule 1 to that Act (categories of function in respect of

which Commission must over time balance income and expenditure), after

paragraph (c) there is inserted—

                    “(ca)                      its functions under section 41A relating to such landlords;”.

     (4)    After paragraph 8 of that Schedule there is inserted—

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        “8A                Each of—

                    (a)                   the Secretary of State, and

                    (b)                   the National Assembly for Wales,

                        may make grants to the Commission in respect of expenditure

incurred or to be incurred by the Commission in connection with the

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carrying-out of its functions under section 41A.”

 

 

 
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