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

Part 7 E+W Best value

Duties of best value authorities E+W

138 Involvement of local representatives E+W

(1) After section 3 of the Local Government Act 1999 insert—

“3A Involvement of local representatives

(1) Where a best value authority considers it appropriate for representatives of local persons (or of local persons of a particular description) to be involved in the exercise of any of its functions by being—

(a) provided with information about the exercise of the function,

(b) consulted about the exercise of the function, or

(c) involved in another way,

it must take such steps as it considers appropriate to secure that such representatives are involved in the exercise of the function in that way.

(2) Subsection (1) does not require an authority to take a step—

(a) if the authority does not have power to take the step under another enactment or a rule of law; or

(b) if the step would be incompatible with [F1 an EU] obligation or any other duty imposed on the authority under another enactment or a rule of law.

(3) Subsection (1) does not apply—

(a) to a police authority,

(b) to a Welsh best value authority,

(c) to any other authority or description of authority specified in an order made by the Secretary of State, or

(d) in any other case specified in such an order.

(4) An order under subsection (3)(d) may specify cases by reference, in particular, to the following—

(a) best value authorities or descriptions of best value authority;

(b) functions of best value authorities;

(c) descriptions of local person;

(d) ways in which representatives may be involved in the exercise of functions of an authority.

(5) In deciding how to fulfil its duties under subsection (1), an authority must have regard to any guidance issued by the Secretary of State.

(6) In this section—

• “enactment” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978);

• “local person” means, in relation to a function of a best value authority, a person who is likely to be affected by, or interested in, the exercise of the function;

• “representative” means, in relation to local persons or a description of local person, a person who appears to the best value authority to be representative of the local persons.”

(2) In section 28(2) of that Act (negative procedure for certain orders and regulations), after first “section” insert “ 3A, ”.

Textual Amendments

F1 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

Commencement Information

I1 S. 138 in force at 1.4.2009 by S.I. 2008/917, art. 3(a)