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Local Government Bill


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

    66

 

 111   Financial year

     (1)    In Schedule 1 to the Audit Commission Act 1998 (c. 18) (which makes

provision about the Commission’s financial affairs), in paragraph 11(5) (which

defines “financial year” for the purposes of the Schedule as the 12 months

ending with 31st October in any year) for “31st October” there is substituted

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“31st March”.

     (2)    Subsection (1) shall apply in relation to financial years of the Commission

beginning after the one in which this section comes into force.

     (3)    In relation to the financial year of the Commission in which this section comes

into force, Schedule 1 to the Audit Commission Act 1998 (c. 18) shall have effect

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as if the period referred to in paragraph 11(5) were a period beginning with the

1st November on which the year began and ending with the 31st March 17

months later.

     (4)    In this section, “the Commission” means the Audit Commission for Local

Authorities and the National Health Service in England and Wales.

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 112   Delegation

After paragraph 11 of Schedule 1 to the Audit Commission Act 1998, there is

inserted—

“Delegation

        11A                The Commission may delegate any of its functions to—

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                    (a)                   a committee or sub-committee established by the

Commission (including a committee or sub-committee

including persons who are not members of the Commission),

or

                    (b)                   an officer or servant of the Commission.”

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Other

 113   Standards Board for England: delegation

In Schedule 4 to the Local Government Act 2000 (c. 22) (Standards Board for

England), after paragraph 9 there is inserted—

“Delegation

30

        9A                The Standards Board may delegate any of its functions to—

                    (a)                   a committee or sub-committee established by the Board,

                    (b)                   an individual member of the Board, or

                    (c)                   an officer or servant of the Board.”

 114   Standards committees and monitoring officers: delegation

35

     (1)    In Chapter 1 of Part 3 of the Local Government Act 2000 (conduct of local

 

 

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

    67

 

government members), after section 54 there is inserted—

       “54A            Sub-committees of standards committees

           (1)           A standards committee of a relevant authority may appoint one or

more sub-committees for the purpose of discharging any of the

committee’s functions, whether or not to the exclusion of the

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committee.

           (2)           Subsection (1) does not apply to functions under section 55 or 56.

           (3)           A sub-committee under subsection (1) shall be appointed from among

the members of the standards committee by which it is appointed.

           (4)           As regards sub-committees appointed under subsection (1) by a

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standards committee of a relevant authority in England or of a police

authority in Wales—

                  (a)                 regulations under section 53(6)(a) and (c) to (g) may make

provision in relation to such sub-committees, and

                  (b)                 sections 53(7), (8) and (10) and 54(4) and (6) apply in relation to

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such sub-committees as they apply in relation to standards

committees.

           (5)           As regards sub-committees appointed under subsection (1) by a

standards committee of a relevant authority in Wales other than a

police authority—

20

                  (a)                 regulations under section 53(11) may make provision in relation

to such sub-committees, and

                  (b)                 section 54(5) and (7) apply in relation to such sub-committees as

they apply in relation to standards committees.

           (6)           Subject to any provision made by regulations under section 53(6)(a) or

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(11)(a) (as applied by this section)—

                  (a)                 the number of members of a sub-committee under subsection

(1), and

                  (b)                 the term of office of those members,

                         are to be fixed by the standards committee by which the sub-committee

30

is appointed.”

     (2)    In Chapter 5 of that Part (conduct in local government: supplementary), after

section 82 there is inserted—

“Delegation by monitoring officers

       82A            Monitoring officers: delegation of functions under Part 3

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           (1)           This section applies to functions of a monitoring officer of a relevant

authority in relation to matters referred to him under section 60(2),

64(2), 70(4) or 71(2).

           (2)           Where the monitoring officer considers that in a particular case he

himself ought not to perform particular functions to which this section

40

applies, those particular functions shall in that case be performed

personally by a person nominated for the purpose by the monitoring

officer.

 

 

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

    68

 

           (3)           Where a deputy nominated by the monitoring officer under section 5(7)

of the Local Government and Housing Act 1989 (nomination of

member of monitoring officer’s staff to act as deputy when monitoring

officer absent or ill) considers that in a particular case he himself ought

not to perform particular functions—

5

                  (a)                 to which this section applies, and

                  (b)                 which, by reason of the absence or illness of the monitoring

officer, would but for this subsection fall to be performed by the

deputy,

                         those particular functions shall, while the monitoring officer continues

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to be unable to act by reason of absence or illness, be performed in that

case personally by a person nominated for the purpose by the deputy.

           (4)           Where functions to which this section applies are to be performed by a

person nominated under subsection (2) or (3) who is an officer of the

relevant authority, the authority shall provide the officer with such

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staff, accommodation and other resources as are, in the officer’s

opinion, sufficient to allow those functions to be performed.

           (5)           Where functions to which this section applies are to be performed by a

person nominated under subsection (2) or (3) who is not an officer of

the relevant authority, the authority shall—

20

                  (a)                 pay the person a reasonable fee for performing the functions,

                  (b)                 reimburse expenses properly incurred by the person in

performing the functions, but only to the extent that the amount

of the expenses is reasonable, and

                  (c)                 provide the person with such staff, accommodation and other

25

resources as are reasonably necessary for the person’s

performance of the functions.”

     (3)    In section 5 of the Local Government and Housing Act 1989 (c. 42) (designation

etc. of monitoring officers), after subsection (7) there is inserted—

           “(7A)              Subsection (7) above shall have effect subject to section 82A of the Local

30

Government Act 2000 (monitoring officers: delegation of functions

under Part 3 of that Act).”

 115   Paid time off for councillors not to be political donation

     (1)    In paragraph 4(1) of Schedule 7 to the Political Parties, Elections and

Referendums Act 2000 (c. 41) (matters that are not donations), after paragraph

35

(a) there is inserted—

                    “(aa)                      remuneration allowed to an employee by his employer if the

employee is a member of a local authority and the

remuneration is in respect of time the employer permits the

employee to take off during the employee’s working hours

40

for qualifying business—

                           (i)                          of the authority,

                           (ii)                         of any body to which the employee is appointed by,

or is appointed following nomination by, the

authority or a group of bodies that includes the

45

authority, or

                           (iii)                        of any other body if it is a public body;”.

 

 

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

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     (2)    In paragraph 4 of that Schedule, after sub-paragraph (3) there is inserted—

                       “(4)                In sub-paragraph (1)(aa)—

                      “employee” and “employer”—

                            (a)                           in relation to England and Wales, and Scotland, have

the same meaning as in the Employment Rights Act

5

1996, and

                            (b)                           in relation to Northern Ireland, have the same

meaning as in the Employment Rights (Northern

Ireland) Order 1996;

                     “local authority” means a local authority in any part of the

10

United Kingdom, including the Common Council of the

City of London but excluding a parish or community

council;

                     “working hours” of an employee—

                            (a)                           in relation to England and Wales, and Scotland, has

15

the same meaning as in section 50 of the

Employment Rights Act 1996, and

                            (b)                           in relation to Northern Ireland, has the same

meaning as in Article 78 of the Employment Rights

(Northern Ireland) Order 1996;

20

                     “qualifying business”, in relation to a body, means—

                            (a)                           the doing of anything for the purpose of the

discharge of the functions of the body or of any of its

committees or sub-committees, and

                            (b)                           where the body is a local authority operating

25

executive arrangements within the meaning of Part

2 of the Local Government Act 2000 and

arrangements exist for functions of any other body

to be discharged by the authority’s executive or any

committee or member of the executive, the doing of

30

anything for the purpose of the discharge of those

functions.”

     (3)    Subsections (1) and (2) shall be deemed to have come into force on 16th

February 2001.

     (4)    The Electoral Commission shall remove from the register kept by it under

35

section 69 of the Political Parties, Elections and Referendums Act 2000 (c. 41)

any entry that they would not have been required to make had subsections (1)

and (2) actually been in force throughout the period beginning with 16th

February 2001 and ending with the passing of this Act.

 116   Overview and scrutiny committees: voting rights of co-opted members

40

In Schedule 1 to the Local Government Act 2000 (c. 22) (further provision about

executive arrangements), after paragraph 11 there is inserted—

“Overview and scrutiny committees: voting rights of co-opted members

        12               (1)                A local authority in England may permit a co-opted member of an

overview and scrutiny committee of the authority to vote at meetings

45

of the committee.

 

 

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

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                       (2)                Permission under sub-paragraph (1) may only be given in

accordance with a scheme made by the local authority.

                       (3)                A scheme for the purposes of this paragraph may include—

                    (a)                   provision for a maximum or minimum in relation to the

number of co-opted members of an overview and scrutiny

5

committee entitled to vote at meetings of the committee, and

                    (b)                   provision for giving effect to any maximum or minimum

established under paragraph (a).

                       (4)                The power to make a scheme for the purposes of this paragraph

includes power to vary or revoke such a scheme.

10

                       (5)                In this paragraph, references to a co-opted member, in relation to an

overview and scrutiny committee of a local authority, are to a

member of the committee who is not a member of the authority.

        13               (1)                The Secretary of State may by regulations make provision about the

exercise of the powers under paragraph 12.

15

                       (2)                Regulations under sub-paragraph (1) may, in particular, require

schemes for the purposes of paragraph 12 (“voting rights

schemes”)—

                    (a)                   to provide for permission to be given only by means of

approving a proposal by the committee concerned;

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                    (b)                   to provide for a proposal for the purposes of the scheme (“a

scheme proposal”) to specify—

                           (i)                          the person to whom the proposal relates,

                           (ii)                         the questions on which it is proposed he should be

entitled to vote, and

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                           (iii)                        the proposed duration of his entitlement to vote,

                                          and to include such other provision about the form and

content of such a proposal as the regulations may provide;

                    (c)                   to provide for a scheme proposal to be made only in

accordance with a published statement of the policy of the

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committee concerned about the making of such proposals;

                    (d)                   to include such provision about the procedure to be followed

in relation to the approval of scheme proposals as the

regulations may provide.

                       (3)                Regulations under sub-paragraph (1) may include provision for the

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notification to the Secretary of State by local authorities of the

making, variation or revocation of voting rights schemes.

                       (4)                The Secretary of State may by direction require a local authority to

vary a voting rights scheme.

        14               (1)                A local authority which makes a scheme for the purposes of

40

paragraph 12 shall, while the scheme is in force, make copies of it

available at its principal office at all reasonable hours for inspection

by members of the public.

                       (2)                                If a local authority makes a scheme for the purposes of paragraph 12,

or varies or revokes such a scheme, it must as soon as reasonably

45

practicable after doing so publish in one or more newspapers

circulating in its area a notice which complies with this paragraph.

                       (3)                In the case of the making of a scheme, the notice under sub-

paragraph (2) shall—

 

 

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

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                    (a)                   record the making of the scheme,

                    (b)                   describe what it does,

                    (c)                   state that copies of it are available for inspection at the

principal office of the local authority, and

                    (d)                   specify—

5

                           (i)                          the address of that office, and

                           (ii)                         the times when the scheme is available for inspection

there.

                       (4)                In the case of the variation of a scheme, the notice under sub-

paragraph (2) shall—

10

                    (a)                   record the variation,

                    (b)                   describe what it does,

                    (c)                   state that copies of the scheme as varied are available for

inspection at the principal office of the local authority, and

                    (d)                   specify—

15

                           (i)                          the address of that office, and

                           (ii)                         the times when the scheme is available for inspection

there.

                       (5)                In the case of the revocation of a scheme, the notice under sub-

paragraph (2) shall record the revocation.”

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 117   Local polls

     (1)    A local authority may conduct a poll to ascertain the views of those polled

about—

           (a)           any matter relating to—

                  (i)                 services provided in pursuance of the authority’s functions, or

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                  (ii)                the authority’s expenditure on such services, or

           (b)           any other matter if it is one relating to the authority’s power under

section 2 of the Local Government Act 2000 (c. 22) (authority’s power

to promote well-being of its area).

     (2)    It shall be for the local authority concerned to decide—

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           (a)           who is to be polled, and

           (b)           how the poll is to be conducted.

     (3)    This section is without prejudice to any powers of a local authority exercisable

otherwise than by virtue of this section.

     (4)    In this section, “local authority” means—

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           (a)           in relation to England—

                  (i)                 a county council;

                  (ii)                a district council;

                  (iii)               a London borough council;

                  (iv)                the Greater London Authority;

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                  (v)                 the Common Council of the City of London in its capacity as a

local authority;

                  (vi)                the Council of the Isles of Scilly, and

           (b)           in relation to Wales, a county council or a county borough council.

 

 

 
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