Local Democracy, Economic Development and Construction Act 2009

2 Democratic arrangements of connected authorities

(1) A principal local authority has a duty to promote understanding of the following among local people—

(a) the functions of authorities which are connected with the principal local authority;

(b) the democratic arrangements of those authorities;

(c) how members of the public can take part in those democratic arrangements and what is involved in taking part.

(2) For the purposes of this section, each of the following is an authority which is connected with a principal local authority in England—

(a) any person mentioned in subsection (3) who acts or is established for an area which, or any part of which, coincides with or falls within the principal local authority’s area;

(b) the Homes and Communities Agency, so far as exercising functions in relation to the authority’s area;

(c) the Secretary of State, so far as exercising functions under sections 2 and 3 of the Offender Management Act 2007 (c. 21) in relation to the authority’s area;

(d) the managing or governing body of a maintained school in the principal local authority’s area;

(e) the managing or governing body of a further education institution in the principal local authority’s area;

(f) a National Health Service trust or NHS foundation trust which provides services at or from a hospital or other establishment or facility in the principal local authority’s area;

(g) where the principal local authority is a London borough council or the Common Council of the City of London, the Greater London Authority and Transport for London;

(h) where the principal local authority is a district council for an area for which there is a county council, the county council;

(i) where the principal local authority is a county council for an area for which there is a district council, the district council.

(3) The persons referred to in subsection (2)(a) are—

(a) a parish council;

(b) a parish meeting;

(c) a fire and rescue authority which is not a principal local authority;

(d) a National Park authority;

(e) the Broads Authority;

(f) a police authority;

(g) a chief officer of police;

(h) a joint waste authority established under section 207(1) of the Local Government and Public Involvement in Health Act 2007 (c. 28);

(i) a waste disposal authority established under section 10 of the Local Government Act 1985 (c. 51);

(j) an Integrated Transport Authority;

(k) an economic prosperity board established under section 88 or a combined authority established under section 103;

(l) a strategic health authority;

(m) a Primary Care Trust;

(n) a local probation board or a probation trust.

(4) For the purposes of this section each of the following is an authority which is connected with a principal local authority in Wales—

(a) any person mentioned in subsection (5) who acts for or is established for an area which, or any part of which, coincides with or falls within the principal local authority’s area;

(b) the Secretary of State, so far as exercising functions under sections 2 and 3 of the Offender Management Act 2007 (c. 21) in relation to the authority’s area;

(c) the managing or governing body of any maintained school in the principal local authority’s area;

(d) a National Health Service trust which provides services at or from a hospital or other establishment or facility in the principal local authority’s area.

(5) The persons referred to in subsection (4)(a) are—

(a) a community council;

(b) a community meeting;

(c) a fire and rescue authority which is not a principal local authority;

(d) a National Park authority;

(e) a police authority;

(f) a chief officer of police;

(g) a Local Health Board;

(h) a local probation board or a probation trust.

(6) The appropriate national authority may by order amend this section so as to—

(a) add any person who has functions of a public nature to the authorities which are connected with a principal local authority for the purposes of this section;

(b) cause any person to cease to be an authority which is connected with a principal local authority for those purposes;

(c) change the functions in respect of which any authority is connected with a principal local authority for those purposes.

(7) Before making an order under subsection (6) the appropriate national authority must consult such representatives of local government and such other persons (if any) as that authority considers appropriate.

(8) In this section—

• “further education institution” means an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992 (c. 13);

• “maintained school” means—

  (a)

  a community, foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998 (c. 31)),

  (b)

  a community or foundation special school (within the meaning of that Act), and

  (c)

  a maintained nursery school (as defined by section 22(9) of that Act).

(9) For the purposes of subsections (3)(g) and (5)(f), a chief officer of police acts and is established for the area of the chief officer’s police force.