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Policing and Crime Act 2017

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Part 2Amendments to other Acts

Essex County Council Act 1952 (c. l)

18In section 80 of the Essex County Council Act 1952 (precautions against fire) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Landlord and Tenant Act 1954 (c. 56)

19In section 69(1) of the Landlord and Tenant Act 1954 (interpretation) in the definition of “local authority” for “, the London Fire and Emergency Planning Authority” substitute “, the London Fire Commissioner”.

Local Government (Records) Act 1962 (c. 56)

20The Local Government (Records) Act 1962 is amended as follows.

21In section 2 (acquisition and deposit of records) in subsection (6) (bodies to which section 2 applies) for “to the London Fire and Emergency Planning Authority,” substitute “to the London Fire Commissioner,”.

22In section 8(1) (interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority,” substitute “the London Fire Commissioner,”.

London Government Act 1963 (c. 33)

23The London Government Act 1963 is amended as follows.

24In section 5(3) (delegation of functions in Greater London) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

25In section 75 (compensation for injury to or death of officers) in subsection (4) (application to London Fire and Emergency Planning Authority) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Local Government Act 1966 (c. 42)

26In section 11 of the Local Government Act 1966 (grants for certain expenditure due to ethnic minority population) in subsection (2) (bodies to which the section applies) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Leasehold Reform Act 1967 (c. 88)

27The Leasehold Reform Act 1967 is amended as follows.

28In section 28 (retention or resumption of land required for public purposes) in subsection (5)(a) (application to local authorities) for “the London Fire and Emergency Planning Authority,” substitute “the London Fire Commissioner,”.

29In Schedule 4A (exclusion of certain shared ownership leases) in paragraph 2(2) (leases granted by certain local authorities: bodies to which the exclusion applies) for paragraph (bb) substitute—

(bb)the London Fire Commissioner;.

Local Government Grants (Social Need) Act 1969 (c. 2)

30In section 1 of the Local Government Grants (Social Need) Act 1969 (grants for special social needs) in subsection (3) (meaning of “local authority”) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

31In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance: employers to which the exemption applies) for “the London Fire and Emergency Planning Authority,” substitute “the London Fire Commissioner,”.

Greater London Council (General Powers) Act 1969 (c. lii)

32In section 30(ii) of the Greater London Council (General Powers) Act 1969 (savings for London Fire and Emergency Planning Authority) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Local Authorities (Goods and Services) Act 1970 (c. 39)

33In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) in subsection (4) (interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Pensions (Increase) Act 1971 (c. 56)

34In Schedule 3 to the Pensions (Increase) Act 1971 (further administrative, incidental and consequential provisions) in paragraph 6(1)(a) (meaning of “local authority”) for sub-paragraph (ib) substitute—

(ib)the London Fire Commissioner;.

Local Government Act 1972 (c. 70)

35The Local Government Act 1972 is amended as follows.

36In section 70 (restriction on promotion of Bills for changing local government areas etc) for subsection (2) substitute—

(2)Subsection (1) above shall have effect as if the reference to a joint authority included a reference to the London Fire Commissioner.

37(1)Section 100J (application of provisions about access to meetings and documents) is amended as follows.

(2)In subsection (1) (bodies to which provisions about access to meetings and documents apply) omit paragraph (bb).

(3)In subsection (2) omit “, (bb)”.

(4)In subsection (3) omit “(bb),”.

(5)Omit subsection (4A).

38(1)Section 101 (arrangements for discharge of functions by local authorities) is amended as follows.

(2)In subsection (13) omit “the London Fire and Emergency Planning Authority,”.

(3)After subsection (13) insert—

(13A)In this section “local authority” includes the London Fire Commissioner; but nothing in this section authorises functions of the Commissioner to be discharged by a committee or sub-committee of the Commissioner.

39In section 104 (disqualification for membership of committees and joint committees) omit subsection (5) (application to the London Fire and Emergency Planning Authority).

40In section 138 (powers of principal councils with respect to emergencies or disasters) in subsection (5) (power of London Fire and Emergency Planning Authority to incur expenditure in connection with planning by principal councils) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

41In section 138C(1) (other authorities to which provisions about prayer and other religious observance apply) for paragraph (d) substitute—

(d)the London Fire Commissioner but only for the purposes of section 138B;.

42In section 142 (provision of information etc relating to matters affecting local government) for subsection (4) substitute—

(4)This section shall have effect as if any reference to a local authority included a reference to the London Fire Commissioner.

43(1)Section 146A (application of miscellaneous provisions about local authorities to other authorities) is amended as follows.

(2)In subsection (1)—

(a)for “or (1ZE)” substitute “, (1ZE) or (1ZF)”, and

(b)for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

(3)In subsection (1ZC) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

(4)After subsection (1ZE) insert—

(1ZF)The London Fire Commissioner is not to be treated as a local authority for the purposes of section 135.

44In section 175 (allowances for attending conferences and meetings) in subsection (3B) (application to the London Fire and Emergency Planning Authority etc) for “the London Fire and Emergency Planning Authority, an economic prosperity board, a combined authority or” substitute “an economic prosperity board, a combined authority or”.

45In section 176 (payment of expenses of official and courtesy visits) in subsection (3) (application to the London Fire and Emergency Planning Authority etc)—

(a)after “board,” insert “and”, and

(b)omit “and the London Fire and Emergency Planning Authority”.

46In section 222 (power of local authority to prosecute or defend legal proceedings) in subsection (2) (application to the London Fire and Emergency Planning Authority etc) for “and the London Fire and Emergency Planning Authority” substitute “and the London Fire Commissioner”.

47For section 244A substitute—

244AApplication of this Part to the London Fire Commissioner

This Part shall have effect as if any reference to a joint authority included a reference to the London Fire Commissioner.

Employment Agencies Act 1973 (c. 35)

48In section 13(7) of the Employment Agencies Act 1973 (activities to which the Act does not apply) for paragraph (fh) substitute—

(fh)the exercise by the London Fire Commissioner of any of the Commissioner’s functions;.

Local Government Act 1974 (c. 7)

49In section 25(1) of the Local Government Act 1974 (authorities subject to investigation) for paragraph (cza) substitute—

(cza)the London Fire Commissioner;.

Health and Safety at Work etc Act 1974 (c. 37)

50In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on disclosure of information: meaning of local authority) for “and the London Fire and Emergency Planning Authority” substitute “and the London Fire Commissioner”.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

51In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part 1) in the definition of “local authority”—

(a)in paragraph (a) for “and the London Fire and Emergency Planning Authority” substitute “and the London Fire Commissioner”, and

(b)in paragraph (c) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Rent (Agriculture) Act 1976 (c. 80)

52In section 5(3) of the Rent (Agriculture) Act 1976 (tenancies which are not statutory tenancies) for paragraph (bbb) substitute—

(bbb)the London Fire Commissioner;.

Rent Act 1977 (c. 42)

53In section 14(1) of the Rent Act 1977 (tenancies which are not protected tenancies) for paragraph (cc) substitute—

(cc)the London Fire Commissioner;.

London Hydraulic Power Act 1977 (c. xi)

54In section 3(3)(b) of the London Hydraulic Power Act 1977 (notice of intention to use new pipeline) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Protection from Eviction Act 1977 (c. 43)

55In section 3A(8)(a) of the Protection from Eviction Act 1977 (excluded tenancies and licences: licences to occupy local authority etc hostels) for “the London Fire and Emergency Planning Authority,” substitute “the London Fire Commissioner,”.

Local Government, Planning and Land Act 1980 (c. 65)

56The Local Government, Planning and Land Act 1980 is amended as follows.

57In section 2 (duty of authorities to publish information) in subsection (1) (authorities to which the duty applies) for paragraph (kb) substitute—

(kb)the London Fire Commissioner;.

58In section 98 (disposal of land at direction of Secretary of State) in subsection (8A) (authorities to which provisions as to associated bodies apply) for paragraph (f) substitute—

(f)the London Fire Commissioner.

59In section 99 (disposal of land at direction of Secretary of State - supplementary) in subsection (4) (authorities who may make representations about directions) for paragraph (dbb) substitute—

(dbb)the London Fire Commissioner;

60In section 100 (interpretation and extent of Part 10) in subsection (1)(a) (meaning of “subsidiary”) for “, the London Fire and Emergency Planning Authority” substitute “, the London Fire Commissioner”.

61In Schedule 16 (bodies to whom Part 10 applies) for paragraph 5BB substitute—

5BBThe London Fire Commissioner.

Acquisition of Land Act 1981 (c. 67)

62The Acquisition of Land Act 1981 is amended as follows.

63In section 7(1) (interpretation) in the definition of “local authority” for paragraph (a1) substitute—

“(a1)

the London Fire Commissioner;.

64In section 17(4) (local authority and statutory undertakers’ land: interpretation) in paragraph (a) of the definition of “local authority” for “the London Fire and Emergency Planning Authority,” substitute “the London Fire Commissioner,”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

65The Local Government (Miscellaneous Provisions) Act 1982 is amended as follows.

66In section 33 (enforceability by local authorities of certain covenants relating to land) in subsection (9)(a) (meaning of “principal council”) for “the London Fire and Emergency Planning Authority,” substitute “the London Fire Commissioner,”.

67In section 41 (lost and uncollected property) in subsection (13) (interpretation) in the definition of “local authority” for paragraph (f) substitute—

(f)the London Fire Commissioner;.

68In section 45 (arrangements under Employment and Training Act 1973) in subsection (2) (local authorities to which section applies) for paragraph (d) substitute—

(d)the London Fire Commissioner.

County Courts Act 1984 (c. 28)

69In section 60(3) of the County Courts Act 1984 (right of audience of local authority: interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Local Government Act 1985 (c. 51)

70The Local Government Act 1985 is amended as follows.

71In section 72 (accounts and audit) in subsection (5) for paragraph (a) substitute—

(a)the London Fire Commissioner;.

72In Schedule 11 (police and fire services) in paragraph 2(4) (references to the Metropolitan Board of Works in the Metropolitan Fire Brigade Act 1985 to be construed as references to the London Fire and Emergency Planning Authority) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Housing Act 1985 (c. 68)

73In section 4(1)(e) of the Housing Act 1985 (other descriptions of authority: local authorities) for “and the London Fire and Emergency Planning Authority” in both places substitute “and the London Fire Commissioner”.

Housing Associations Act 1985 (c.69)

74In section 106(1) of the Housing Associations Act 1985 (minor definitions - general) in the definition of “local authority”—

(a)for “, a combined authority established under section 103 of that Act” substitute “and a combined authority established under section 103 of that Act”,

(b)omit “and the London Fire and Emergency Planning Authority”, and

(c)omit “the London Fire and Emergency Planning Authority,” (in the second place).

Landlord and Tenant Act 1985 (c.70)

75In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the definition of “local authority” for “and the London Fire and Emergency Planning Authority” substitute “and the London Fire Commissioner”.

Local Government Act 1986 (c. 10)

76The Local Government Act 1986 is amended as follows.

77In section 6(2)(a) (meaning of “local authority” for the purposes of Part 2) for the entry relating to the London Fire and Emergency Planning Authority substitute—

  • the London Fire Commissioner,.

78In section 9(1)(a) (meaning of “local authority” for the purposes of Part 3) for the entry relating to the London Fire and Emergency Planning Authority substitute—

  • the London Fire Commissioner,.

Landlord and Tenant Act 1987 (c.31)

79In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) in paragraph (a) (local authorities) for “the London Fire and Emergency Planning Authority,” substitute “the London Fire Commissioner,”.

Local Government Act 1988 (c. 9)

80In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: the public authorities) for the entry relating to the London Fire and Emergency Planning Authority substitute—

  • The London Fire Commissioner.

Housing Act 1988 (c. 50)

81The Housing Act 1988 is amended as follows.

82In section 74(8) (transfer of land etc to housing action trusts: meaning of “local authority”) for paragraph (g) substitute—

(g)the London Fire Commissioner.

83In Part 1 of Schedule 1 (tenancies which cannot be assured tenancies) in paragraph 12(2) (local authority tenancies: meaning of “local authority”) for paragraph (ee) substitute—

(ee)the London Fire Commissioner;.

Road Traffic Act 1988 (c. 52)

84In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from the requirement for third party insurance) for “the London Fire and Emergency Planning Authority,” substitute “the London Fire Commissioner,”.

Local Government and Housing Act 1989 (c. 42)

85The Local Government and Housing Act 1989 is amended as follows.

86In section 1(9) (meaning of politically restricted post under a local authority) for “and every member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004” (as inserted by paragraph 61 of Schedule 1) substitute “every member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and every member of staff of the London Fire Commissioner”.

87(1)Section 4 (designation and reports of head of paid service) is amended as follows.

(2)In subsection (4) after paragraph (aa) (as inserted by paragraph 62(2) of Schedule 1) insert—

(ab)in the case of the London Fire Commissioner, to the Commissioner;.

(3)After subsection (5B) (as inserted by paragraph 62(3) of Schedule 1) insert—

(5C)It shall be the duty of the London Fire Commissioner to consider any report under this section by the head of the Commissioner’s paid service and to do so no later than three months after the Commissioner is sent a copy of the report.

(4)In subsection (6)(a) for “and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004” (as inserted by paragraph 62(4) of Schedule 1) substitute “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner”.

88(1)Section 5 (designation and reports of monitoring officer) is amended as follows.

(2)In subsection (3) after paragraph (aa) (as inserted by paragraph 63(2) of Schedule 1) insert—

(ab)in the case of the London Fire Commissioner, to the Commissioner;.

(3)In subsection (5)(a) after sub-paragraph (ia) (as inserted by paragraph 63(3) of Schedule 1) insert—

(ib)in the case of the London Fire Commissioner, no later than three months after the Commissioner is sent a copy of the report;.

(4)In subsection (8) in paragraph (a) of the definition of “relevant authority” for “and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004” (as inserted by paragraph 63(4) of Schedule 1) substitute “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner”.

89(1)Section 21 (interpretation of Part 1) is amended as follows.

(2)In subsection (1)(i) omit “or the London Fire and Emergency Planning Authority”.

(3)After subsection (1B) (as inserted by paragraph 64 of Schedule 1) insert—

(1C)In the following provisions of this Part references to a local authority include the London Fire Commissioner—

(a)section 7 (all staff to be appointed on merit), and

(b)section 10 (limit on paid leave for local authority duties).

(1D)In the application of section 1(1) to the London Fire Commissioner by virtue of subsection (1C) the reference to being or remaining a member of a local authority is to be read as a reference to becoming or remaining the London Fire Commissioner.

90In section 152(2) (meaning of “relevant authority” for the purposes of sections 150 and 151) for paragraph (n) substitute—

(n)the London Fire Commissioner.

91In section 155(1A) (emergency financial assistance to local authorities: expenditure treated as incurred by Greater London Authority) for paragraph (a) substitute—

(a)the London Fire Commissioner,.

Town and Country Planning Act 1990 (c. 8)

92The Town and Country Planning Act 1990 is amended as follows.

93In section 252 (procedures for highways orders) in the definition of “local authority” in subsection (12) for “the London Fire and Emergency Planning Authority,” substitute “the London Fire Commissioner,”.

94In section 336(1) (interpretation) in the definition of “local authority” for paragraph (ab) substitute—

(ab)the London Fire Commissioner;.

95In Schedule 14 (procedure for footpaths and bridleways orders) in paragraph 1(3) (meaning of “council” in provisions about notices) for “, the London Fire and Emergency Planning Authority,” substitute “, the London Fire Commissioner,”.

London Local Authorities Act 1991 (c. xiii)

96The London Local Authorities Act 1991 is amended as follows.

97In section 7 (licensing of special treatment premises: duty to notify London Fire and Emergency Planning Authority of application) for “the London Fire and Emergency Planning Authority” in each place substitute “the London Fire Commissioner”.

98In section 15(1) (powers of entry) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Local Government (Overseas Assistance) Act 1993 (c. 25)

99In section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance) in subsection (10) (other bodies) for paragraph (dd) substitute—

(dd)the London Fire Commissioner;

London Local Authorities Act 1995 (c. x)

100In section 2 of the London Local Authorities Act 1995 (interpretation) in paragraph (b) of the definition of “the fire and rescue authority” for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

101In section 3(2) of the Housing Grants, Construction and Regeneration Act 1996 (persons ineligible for grant) for paragraph (k) substitute—

(k)the London Fire Commissioner.

Channel Tunnel Rail Link Act 1996 (c. 61)

102In Schedule 3 to the Channel Tunnel Rail Link Act 1996 (highways) in paragraph 2(11) (definition of local authority) for “the London Fire and Emergency Planning Authority,” substitute “the London Fire Commissioner,”.

Crime and Disorder Act 1998 (c. 37)

103The Crime and Disorder Act 1998 is amended as follows.

104In section 5(5) (authorities responsible for strategies: interpretation) in the definition of “fire and rescue authority” for paragraph (c) substitute—

(c)the London Fire Commissioner.

105In section 17(2) (duty to consider crime and disorder implications: authorities to which duty applies) for the entry relating to the London Fire and Emergency Planning Authority substitute—

  • the London Fire Commissioner;.

106In section 115(2) (disclosure of information: meaning of relevant authority) for paragraph (h) substitute—

(h)the London Fire Commissioner;.

Local Government Act 1999 (c. 27)

107In section 1(1) of the Local Government Act 1999 (best value authorities) for paragraph (f) substitute—

(f)the London Fire Commissioner;.

Freedom of Information Act 2000 (c. 36)

108In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: local government) for paragraph 20 substitute—

20The London Fire Commissioner.

Courts Act 2003 (c. 39)

109(1)Section 41 of the Courts Act 2003 (disqualification of lay justices who are members of local authorities) is amended as follows.

(2)In subsection (6) for paragraph (d) substitute—

(d)the London Fire Commissioner,.

(3)After subsection (6) insert—

(7)In the application of this section to the London Fire Commissioner, the reference in subsection (1) to a member of the local authority is to the person who is for the time being the Commissioner.

Fire and Rescue Services Act 2004 (c. 21)

110The Fire and Rescue Services Act 2004 is amended as follows.

111In section 1(2) (fire and rescue authorities in England) in paragraph (c) for “London Fire and Emergency Planning Authority” substitute “London Fire Commissioner”.

112In section 5A(3) (powers of certain fire and rescue authorities: authorities to which the section applies) for paragraph (b) substitute—

(b)the London Fire Commissioner,.

113In section 5B (boundaries of power under section 5A) after subsection (5) insert—

(5A)Section 5A(1) does not authorise the London Fire Commissioner to enter into a contract to which this subsection applies without the consent of the Mayor of London.

(5B)Subsection (5A) applies to a contract if—

(a)the Mayor of London has notified the London Fire Commissioner that the Commissioner requires the Mayor’s consent before entering into a contract of a kind specified in the notification, and

(b)the contract is of that kind.

Local Government and Public Involvement in Health Act 2007 (c. 28)

114In section 104 of the Local Government and Public Involvement in Health Act 2007 (partner authorities) in subsection (5) (meaning of “fire and rescue authority”) for paragraph (c) substitute—

(c)the London Fire Commissioner.

Crossrail Act 2008 (c. 18)

115In Schedule 3 to the Crossrail Act 2008 (stopping-up of highways) in paragraph 2(11) (local authorities which must be notified of proposed stopping-up) for paragraph (c) substitute—

(c)the London Fire Commissioner,.

Equality Act 2010 (c. 15)

116In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) for the entry relating to the London Fire and Emergency Planning Authority substitute—

  • The London Fire Commissioner,.

Police Reform and Social Responsibility Act 2011 (c. 13)

117In section 66 of the Police Reform and Social Responsibility Act 2011 (disqualification from election or holding office as police and crime commissioner: other grounds) after subsection (11) (as inserted by paragraph 90 of Schedule 1) insert—

(12)A person is disqualified from being elected as, or being, police and crime commissioner if the person—

(a)is the London Fire Commissioner, or

(b)is a member of the staff of the London Fire Commissioner.

Localism Act 2011 (c. 20)

118The Localism Act 2011 is amended as follows.

119In section 27 (duty to promote and maintain high standards of conduct) in subsection (6) (meaning of “relevant authority”) omit paragraph (g) (the London Fire and Emergency Planning Authority).

120In section 43(1) (meaning of “relevant authority” for purposes of provisions on pay accountability) for paragraph (g) substitute—

(g)in relation only to sections 38, 40 and 41 and this section, the London Fire Commissioner,.

Energy Act 2013 (c. 32)

121In Part 3 of Schedule 9 to the Energy Act 2013 (protected information: permitted disclosures and restrictions on use) in paragraph 14(3) (local authorities and water authorities: interpretation) in the definition of “local authority” for paragraph (e) substitute—

(e)the London Fire Commissioner,.

Local Audit and Accountability Act 2014 (c. 2)

122(1)The Local Audit and Accountability Act 2014 is amended as follows.

(2)In section 40 (access to local government meetings and documents) in subsection (6) (bodies to which provisions apply) for paragraph (f) substitute—

(f)the London Fire Commissioner,.

(3)In Schedule 7 (reports and recommendations by local auditor) in paragraph 5(7) (duty of certain authorities to consider report or recommendation) (as amended by paragraph 97 of Schedule 1) for “or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004” substitute “, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 or the London Fire Commissioner”.

Consequential repeals

123In consequence of the amendments made by this Schedule the following provisions are repealed—

(a)sections 25, 26 and 27 of the Greater London Authority Act 2007;

(b)paragraph 8(6) of Schedule 3 to the Local Government and Public Involvement in Health Act 2007.

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