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Local Democracy, Economic Development and Construction Act 2009

Section 23 - Duty of public authorities to secure involvement

51.Subsection (1) places a duty on those authorities listed in subsection (2) to involve representatives of interested persons in the exercise of their functions, where they consider that it is appropriate to do so. It sets out that those authorities will need to consider each of three ways of securing such involvement, namely informing the representatives, consulting them and involving them in other ways.

52.Subsection (2) lists the affected authorities and subsection (3) explains that, with the exception of the Secretary of State, the relevant functions of the authorities listed are all functions they exercise in respect of or in relation to England. In respect of the Secretary of State, subsection (3)(b) provides that the relevant functions are limited to those specified (arrangements with respect to obtaining employment or employees and for the provision of probation services), in so far as they are exercisable in relation to England. Subsection (8) makes the Secretary of State’s functions under subsection (3)(b)(ii) “probation provision” for the purposes of Part 1 of the Offender Management Act 2007 (see in particular section 3 of that Act (power to make arrangements for the provision of probation services by another person as provider of probation services)).

53.Subsection (4) provides that the duty to involve representatives of interested persons does not grant an authority any additional powers. Where there is a conflict between this duty and another duty, the latter takes precedence.

54.Subsections (5) and (6) enable the Secretary of State to provide exemptions from the duty by secondary legislation subject to the negative resolution procedure.

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