 |
Explanatory Notes to Local Government And Public Involvement In Health Act 2007
2007 Chapter 28 |
|
© Crown Copyright 2007 Explanatory Notes to Acts of the UK Parliament are subject to Crown Copyright protection. They may be reproduced free of charge provided that they are reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of these Explanatory Notes does not extend to the Queen's Printer imprints which should be removed from any copies of the Explanatory Notes which are issued or made available to the public. This includes reproduction of the Notes on the internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this internet version of the Explanatory Notes which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text in printed form and as published by The Stationery Office Limited as the Local Government And Public Involvement In Health Act 2007, ISBN 9780105628071. The print version may be purchased by clicking here. Braille copies of the Explanatory Notes can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| |
|
These notes refer to the Local Government and Public Involvement in Health Act 2007 (c.28) which received Royal Assent on 30 October 2007 LOCAL GOVERNMENT AND PUBLIC INVOLVEMENT IN HEALTH ACT 2007EXPLANATORY NOTESINTRODUCTION 1. These explanatory notes relate to the Local Government and Public Involvement in Health Act 2007. They have been prepared by the Department for Communities and Local Government, together with the Wales Office, in order to help the reader of the Act. They do not form part of the Act and have not been endorsed by Parliament. 2. These notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. Therefore, where a section or a part of a section does not seem to require any explanation or comment, none is given. BACKGROUND 3. The Local Government and Public Involvement in Health Act gives effect to the Government's proposals for reform of the local government system in England and for reform of the current arrangements for patient and public involvement in the provision of health and social care services. It also gives effect to a commitment to expand the legislative competence of the National Assembly for Wales ("the Assembly") in the field of local government. 4. In July 2004 an initial discussion document 'The future of local government - developing a 10 year vision' was published by the Office of the Deputy Prime Minister (now known as the Department for Communities and Local Government) to launch the debate on the future of local government between central government, local government and other stakeholders under the heading local:vision. Between July 2004 and February 2006 numerous documents under the local:vision heading were published setting out ideas for discussion and consultation. 5. The Local Government White Paper 'Strong and Prosperous Communities', published on 26th October 2006, was a response to the local:vision consultation. This Act follows from that White Paper. 6. The Department of Health instigated a review of patient and public involvement in the provision of health services in August 2005. In January 2006 the Department published the White Paper 'Our health, our say, our care: a new direction for community services". Following publication of the White Paper, an Expert Panel was established in February 2006 in order to consider the evidence that had been gathered. The Expert Panel published its findings in July 2006. 7. On 13th July 2006 the Department of Health published the consultation document 'A Stronger Local Voice' setting out the proposed changes. Since then there have been extensive discussions with stakeholders. STRUCTURE OF THE ACT 8. The Act is set out as follows:
TERRITORIAL EXTENT 3. The Act in general extends to England and Wales only. Certain provisions of the Act make amendments to other legislation and where appropriate these amendments have the same extent as the legislation amended; if this is the case provision is made by section 244(3) (Extent). In addition, the power of the Secretary of State under section 243 to make an order containing amendments, repeals or revocations for purposes connected with the Act extends also to Scotland and Northern Ireland. The extent section itself, and sections 245 (Commencement) and 246 (Short Title) extend also to Scotland and Northern Ireland. 4. As regards matters extending to Scotland, it was not necessary to invoke the Sewel Convention. TERRITORIAL APPLICATION: WALES 5. Some provisions of the Act apply in relation to England and Wales, but much of it applies in relation to England only. The Act does however give the Assembly "framework powers" to make provision in relation to Wales on a range of local government matters. These powers are conferred by amendments to Schedule 5 to the Government of Wales Act 2006 (see further the Commentary on Part 15 of the Act). 6. Parts 6 and 7 confer powers on the Welsh Ministers in respect of Best Value and Byelaws. This is explained further in the Commentary on Parts 6 and 7. COMMENTARY ON SECTIONS PART 1: STRUCTURAL AND BOUNDARY CHANGE IN ENGLAND Introduction 7. Part 1 of the Act provides for the process of making structural and boundary change to local government areas in England. It provides for a means by which an area where there are two-tiers of local government can be reorganised so that there is a single tier of local government. It also provides for a process by which the boundaries of local government areas can be altered. A two-tier area is an area where some local authority functions are undertaken by a county council and some by a district council. A single tier area is an area in which all local authority functions are undertaken by a single (unitary) authority. CHAPTER 1: STRUCTURAL AND BOUNDARY CHANGE Change from two tiers to single tier of local government Section 1: "principal authority" and "single tier of local government" 8. Section 1 defines the term "principal authority" as either a district or county council in England. These are therefore the authorities which the Secretary of State may invite or direct to make proposals for structural change (under section 2). 9. The section also explains what is meant by "a single tier of local government for an area". Section 2: Invitations and directions for proposals for single tier of local government. 10. Section 2 allows the Secretary of State to invite or direct a principal authority to make a proposal for a single tier of local government which includes all, or in the case of county councils, part of the area covered by that authority. Proposals must be based on whole local authority areas. A proposal can either be a Type A, B or C proposal or a combined proposal.
11. Subsection (6) defines, for the purposes of this section, "the county concerned" as the county area within which the county or district council submitting a proposal lies. 12. Subsection (8) sets out that an invitation or direction from the Secretary of State may either specify the type of proposal invited or required or allow the authority to choose the type of proposal it submits. 13. Subsection (9) provides that a direction issued under subsection (1) is subject to section 3(1). Section 3: Invitations, directions and proposals: supplementary 14. Subsection (1) of section 3 provides that the Secretary of State may only direct an authority to make a proposal for a single tier of local government where he believes that it would be in the interests of effective and convenient local government. However, the Secretary of State may not give a direction after 25 January 2008. 15. This subsection has the effect of limiting the Secretary of State's power of direction to one year from the 25 January 2007 - the date by which proposals in response to the invitation issued in October 2006 had to be received. This will allow only a short window of opportunity in which the Secretary of State may issue a direction. 16. Subsection (4) sets out that a proposal recommending a single tier of local government for an area can only be made where either the whole or part of that area is currently two-tier (as defined by section 23(2)). 17. Subsection (5) requires an authority to have regard to any guidance issued by the Secretary of State when submitting a proposal. 18. Subsection (6) specifies that where an invitation or direction is given to more than one authority, an authority can make a proposal either on its own or jointly with another authority. 19. Subsection (7) enables an invitation or direction to be varied or revoked by the Secretary of State. 20. Subsection (8) provides that a direction given under section 2, i.e. before the 25 January 2008 deadline may not later be varied if the original direction required a Type A proposal (whole county proposal based on existing county boundaries) or Type B proposal (one or more districts in a county area based on existing district boundaries); and, the variation would require or permit a Type C proposal (combination of whole county or one or more districts in that county with an adjoining county or counties, or district(s)) or a combined proposal. 21. This is to ensure that a variation does not "affect" more or different authorities which were not "affected" by the original direction, so that for example, the Secretary of State should not be able to vary a direction from being one to an authority to produce a Type B proposal to one to the same authority to produce a Type C proposal as that would inevitably affect at least one different and new authority which would not have been affected by the terms of the original direction. Section 4: Request for Boundary Committee for England's advice 22. This section provides that the Secretary of State upon receipt of a proposal received in response to an invitation or direction may request the Boundary Committee's advice on any matter relating to the proposal no later than the date specified. 23. Subsection (3) enables the Secretary of State to substitute a later date for the receipt of such advice. Section 5: Boundary Committee's powers 24. This section allows the Boundary Committee to provide the advice requested under section 4(2) and also allows the Committee, where such advice is provided, to do one of the following:
25. Subsection (5) sets out that where the Boundary Committee makes an alternative proposal, it must include the whole or part of the county which was the relevant county in relation to the proposal on which the Boundary Committee was asked for advice. 26. Subsection (7) requires the area specified in an alternative proposal not to extend into an area that is currently outside all local government areas. A local government area is defined in section 23(1) as a county or district in England or a London borough. This means that the area specified in the alternative proposal may not, for example, extend into Wales or the City of London. Subject to that, the area specified can be any area, i.e. it does not have to follow existing county or district boundaries. Section 6: Boundary Committee's procedure 27. Subsection (1) provides that when the Boundary Committee is asked for advice by the Secretary of State in relation to a proposal, it may request any additional information from a local authority that it may require in relation to any of its functions under section 5. The authority must provide the information if requested to do so by such date as the Boundary Committee may specify. 28. Subsection (2) requires that in making a recommendation or alternative proposal the Boundary Committee must have regard to guidance from the Secretary of State. 29. Subsection (3) provides that a recommendation or alternative proposal must be made on or before the relevant date. This is the date set by the Secretary of State for the receipt of advice under section 4(2) or, if the date is later revised, that later date under section 4(3). 30. Subsection (4) establishes that before making an alternative proposal the Boundary Committee must publish a draft of the proposal and take steps they consider sufficient to inform persons that may have an interest in the draft proposal of it and of the length of time that they have to make representations on the draft proposal to the Committee. 31. Subsection (5) requires the Boundary Committee to take into account any representations that it receives within the specified period and provides that where the Committee makes any proposal to the Secretary of State it must inform all persons who made representations in relation to the draft proposal of the proposal and of the length of time that they have to make representations on the proposal to the Secretary of State. This will be four weeks beginning with the date set by the Secretary of State for the receipt of advice under section 4(2) or, if the date is later revised, that later date under section 4(3). Section 7: Implementation of proposals by order. 32. This section allows the Secretary of State to implement by order proposals he receives from local authorities. This also applies to alternative proposals made by the Boundary Committee. Proposals may be implemented with or without modification. The Secretary of State may also decide to take no action on a proposal. 33. Subsection (2) provides that where the Secretary of State has requested advice on a proposal from the Boundary Committee he must wait six weeks from the date specified in the request for advice (or a later date if this date is then substituted) before making a decision or an order. 34. Subsection (3) provides that the Secretary of State may not make an order to implement a proposal received in response to an invitation or direction unless he has previously consulted every authority affected by the proposal (except the authority or authorities which made it) and such other persons as he considers appropriate. This provision does not apply to the implementation (with or without modification) of alternative proposals made by the Boundary Committee. 35. Subsection (4) defines an authority "affected by" a proposal as a county council or district council whose area or any part of whose area falls within the area that the proposal suggests should have a single tier of government. 36. Subsection (5) provides that where a proposal is submitted jointly by every authority affected by it the Secretary of State may consult, before making an order, such other persons as he considers appropriate and that subsection (3) in these circumstances (obligation on the Secretary of State to consult before implementing a proposal) does not apply. 37. Subsection (6) provides that the Secretary of State may request information or advice from the Boundary Committee on any matter relating to the proposal. Subsection (7) provides a power for the Boundary Committee to respond to such a request. Boundary change Section 8: Review by Boundary Committee of local government areas 38. Section 8 allows the Boundary Committee to conduct a review of one or more local government areas and as a result recommend a boundary change to the Secretary of State. The Boundary Committee may conduct this review either on its own initiative or at the request of the Secretary of State or a local authority. 39. Subsection (3) defines the term "boundary change" as an alteration of a local government area boundary, and/or the abolition of a local government area, and/or the constitution of a new local government area. 40. Subsection (4) specifies the type of recommendations for change that are not allowed under this section. These are:
41. Subsection (5) allows the Boundary Committee to recommend to the Secretary of State that no change should be made where they consider this to be desirable. 42. Subsection (6) ensures that when the Boundary Committee are considering whether (or if so what) boundary change is necessary they must have regard to:
43. Subsection (7) requires the Boundary Committee to have regard to any guidance issued by the Secretary of State in exercising its functions of conducting a boundary review, in having regard to the matters at subsection (6) when considering whether boundary change is desirable and in recommending boundary change, or no change. Similarly, a local authority must have regard to any guidance issued by the Secretary of State when requesting the Boundary Committee to conduct a boundary review. 44. Subsection (8) requires a local authority, where requested to do so, to provide any information that the Boundary Committee may reasonably require in undertaking a review. The information must be provided by such date as the Boundary Committee may specify. Section 9: Boundary Committee's review: consultation etc 45. This section sets out the procedure to be followed by the Boundary Committee when carrying out a review of a local government area. 46. Subsection (2) requires the Boundary Committee to consult the council of the local government area that is being reviewed and other local authorities, parish councils or other persons it believes to have an interest. 47. Subsection (3) provides that before the Boundary Committee makes a recommendation, it must publish a draft of the recommendation and take steps they consider sufficient to inform those persons that may have an interest of the recommendation of it, and of the length of time that they have to make representations on the recommendation to the Committee. 48. Subsection (4) requires the Boundary Committee to take into account any representations that it receives within the specified period. Where the Committee makes a recommendation to the Secretary of State it must inform all persons who made representations in relation to the recommendation. It must also inform them that if they wish to make representations to the Secretary of State about the recommendation they have four weeks from the date that the recommendation was sent by the Boundary Committee to the Secretary of State. Section 10: Implementation of recommendations by order 49. Section 10 provides that, following a recommendation by the Boundary Committee to the Secretary of State for boundary change, the Secretary of State may implement the recommendation with or without modification by order. The Secretary of State may also decide to take no action or request a further review. 50. Subsection (2) provides that, where the Boundary Committee makes a recommendation for no boundary change, the Secretary of State may if he so chooses make a request for a further review under section 8. 51. The Secretary of State must allow 6 weeks from the date that the recommendation was sent to him before making an order, a decision to take no action or a decision to request a further review. This is to allow time for representations to be made directly to the Secretary of State and for him to consider them. 52. Subsection (4) allows the Secretary of State, when he receives a recommendation from the Boundary Committee, to make a request to the Boundary Committee to supply him with information or advice on any matter relating to the recommendation. Implementation of changes Section 11: Implementation orders: provision that may be included 53. This section provides for the matters that may be included in an order when the Secretary of State implements a proposal or a recommendation under section 7 or 10, (i.e. a proposal or recommendation for structural or boundary change). 54. Subsections (3) and (4) set out these matters which include, for example, the constitution of a new local government area and the establishment of an authority as a county council, district council or London borough council for a local government area. The Secretary of State may also make provision in relation to electoral matters as defined in section 12. 55. Subsection (5) provides that the "establishment" of a county council or a district council includes increasing the remit of an existing authority by an existing district council becoming the county council for an area or vice versa. 56. Subsections (6) and (7) enable the Secretary of State to implement a proposal with such modifications as to provide a single tier of local government for an area which includes all or part of an area in the proposal but which is not an area which itself could have been specified. This gives the Secretary of State for example the ability to modify a proposal for a single tier of local government by changing the area so as to take account of recommendations which might be made for boundary change by the Boundary Committee for the same area. | |
| |
 | |
| Other Explanatory Notes | Home | Her Majesty's Stationery Office | |
| We welcome your comments on this site | © Crown Copyright 2007 | Prepared: 14 November 2007 |