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Local Government and Public Involvement in Health Bill


 

Local Government and Public Involvement in Health Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Communities and

Local Government, are published separately as HL Bill 74—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Baroness Andrews has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Local Government and Public Involvement in

Health Bill are compatible with the Convention rights.

 

HL Bill 74                                                                                              

54/2

 

 

 

Local Government and Public Involvement in Health Bill

 
HL Bill 7454/2
 
 

 

Local Government and Public Involvement in Health Bill

 

 
 

Contents

Part 1

Structural and boundary change in England

Chapter 1

Structural and boundary change

Change from two tiers to single tier of local government

1   

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

2   

Invitations and directions for proposals for single tier of local government

3   

Invitations, directions and proposals: supplementary

4   

Request for Boundary Committee for England’s Advice

5   

Boundary Committee’s powers

6   

Boundary Committee’s procedure

7   

Implementation of proposals by order

Boundary change

8   

Review by Boundary Committee of local government areas

9   

Boundary Committee’s review: consultation etc

10   

Implementation of recommendations by order

Implementation of changes

11   

Implementation orders: provision that may be included

12   

Provision relating to membership etc of authorities

13   

Implementation orders: further provision

14   

Regulations for supplementing orders

15   

Incidental etc provision in orders or regulations

16   

Agreements about incidental matters

17   

Residuary bodies

18   

Staff commissions

19   

Certain county councils to be billing authorities

 

HL Bill 74                                                                                              

54/2

 
 

Local Government and Public Involvement in Health Bill

ii

 

Supplementary

20   

Correction of orders

21   

Pre-commencement invitations etc

22   

Consequential amendments

23   

Definitions for purposes of Chapter 1

Chapter 2

Control of disposals etc

24   

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

25   

Directions: further provision about reserves

26   

Directions: supplementary

27   

Consideration to be taken into account for purposes of direction

28   

Contraventions of direction

29   

Power to amend

30   

Definitions for purposes of Chapter 2

Part 2

Elections

Chapter 1

Power of district councils in England to change electoral scheme

Introductory

31   

Schemes for elections

Power of district councils to change to whole-council elections

32   

Resolution for whole-council elections

33   

Resolution for whole-council elections: requirements

34   

Scheme for whole-council elections

35   

Publicity

36   

Notice to Electoral Commission

Power of district councils to revert to partial-council elections

37   

Resolution for elections by halves

38   

Resolution for elections by halves: requirements

39   

Resolution for elections by thirds

40   

Resolution for elections by thirds: requirements

41   

Publicity for resolution

42   

Notice to Electoral Commission

43   

Electoral Commission to consider whether electoral review is necessary

44   

Electoral Commission to make order for new electoral scheme

45   

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

46   

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

47   

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

48   

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

49   

Order for elections by halves or elections by thirds: transitional provision

50   

Power of Electoral Commission to make incidental etc provision

 
 

Local Government and Public Involvement in Health Bill

iii

 

51   

Position if Electoral Commission act under existing powers

52   

Publicity for order by Electoral Commission

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

53   

Power of council to alter years of ordinary elections of parish councillors

Amendment of existing provisions about schemes for ordinary elections

54   

Amendment of existing provisions about schemes for ordinary elections

Chapter 2

Miscellaneous

Single-member electoral areas

55   

Requests for single-member electoral areas

Electoral Commission and Boundary Committee: reviews and recommendations

56   

Electoral Commission and Boundary Committee: reviews and

recommendations

57   

Duty of local authority to provide Boundary Committee with information

Electoral areas in England

58   

Metropolitan districts: councillors per ward

59   

Change of name of electoral area

Election dates

60   

Power to change date of local elections to date of European Parliamentary

general election

Chapter 3

Consequential amendments

61   

Consequential amendments

Part 3

Executive arrangements for England

62   

Executive arrangements for England

63   

Discharge of functions

64   

Changing governance arrangements

65   

Referendum following petition

66   

Elected mayors

67   

Elected executives

68   

Other elected executive members

69   

Meaning of “elected executive member”

70   

Time of elections etc

 
 

Local Government and Public Involvement in Health Bill

iv

 

71   

Voting at elections of elected executives

72   

Leader and cabinet executives (England)

73   

Time limit for holding further referendum

74   

Interpretation

75   

Further amendments & transitional provision

76   

Supplementary provision

Part 4

Parishes

Chapter 1

Parishes

77   

Parishes: alternative styles

78   

Appointed councillors

Chapter 2

Power to promote well-being

79   

Extension of power to certain parish councils

80   

Community strategies

Chapter 3

Reorganisation

Key terms used

81   

Community governance reviews

82   

Community governance petitions

83   

Terms of reference of review

Undertaking community governance reviews

84   

Council’s power to undertake review

85   

No review being undertaken: duty to respond to petition

86   

Review being undertaken: duty to respond to petition

87   

Power to respond to petition

Reorganisation of community governance

88   

Reorganisation of community governance

Recommendations of review

89   

Constitution of new parish

90   

Existing parishes under review

91   

New council: consequential recommendations

92   

Council retained: consequential recommendations

93   

Grouping or de-grouping parishes

94   

County, district or London borough: consequential recommendations

 
 

Local Government and Public Involvement in Health Bill

v

 

Duties of council undertaking review

95   

Duties when undertaking a review

96   

Recommendations to create parish councils

97   

Electoral recommendations: general considerations

Publicising outcome of review

98   

Publicising outcome

Miscellaneous

99   

Supplementary regulations

100   

Orders and regulations under this Chapter

101   

Agreements about incidental matters

102   

Guidance

103   

Consequential amendments

104   

Interpretation

Part 5

Co-operation of English authorities with local partners, etc

Chapter 1

Local area agreements and community strategies

105   

Application of Chapter: responsible local authorities

106   

Application of Chapter: partner authorities

107   

“Local improvement targets”: interpretation

108   

Duty to prepare and submit draft of a local area agreement

109   

Approval of draft local area agreement by Secretary of State

110   

Duty to have regard to local improvement targets

111   

Designated targets

112   

Revision and addition of targets

113   

Designated targets: revision proposals

114   

Approval of revision proposal

115   

Duty to publish information about local area agreement

116   

Preparation of community strategy

117   

Orders under Part 1 of Local Government Act 2000: Wales

118   

Health and social care: joint strategic needs assessments

119   

Interpretation of Chapter

120   

Transitional provision

Chapter 2

Overview and scrutiny committees

121   

Reference of matter by councillor to overview and scrutiny committee

122   

Power of overview and scrutiny committee to question members of authority

123   

Powers to require information from partner authorities

124   

Overview and scrutiny committees: reports and recommendations

125   

Joint overview and scrutiny committees: local improvement targets

126   

Overview and scrutiny committees of district councils: local improvement

targets

 
 

 
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