- Latest available (Revised)
- Original (As enacted)
This version of this cross heading contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Local Government and Public Involvement in Health Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Prospective
5(1)The Local Government Act 2003 is amended as follows.E+W
(2)In section 18 (local authority companies etc)—
(a)in subsection (2), at the end of paragraph (a) insert “and”, and for paragraphs (b) and (c) substitute—
“(b)an entity which is, or the trustees of a trust which is—
(i)under the control of a local authority or Passenger Transport Executive,
(ii)subject to the influence of such an authority or Executive, or
(iii)jointly controlled by bodies that include such an authority or Executive.”
(b)after subsection (2) insert—
“(2A)The references in subsection (2)(b) to—
(a)“an entity under the control of” and “a trust under the control of” a local authority or Passenger Transport Executive,
(b)“an entity subject to the influence of” and “a trust subject to the influence of” such an authority or Executive, and
(c)“an entity jointly controlled by bodies that include” and “a trust jointly controlled by bodies that include” such an authority or Executive,
have the meanings given by order under section 217 of the Local Government and Public Involvement in Health Act 2007.”
(3)The provision in section 24 of that Act (Wales) is renumbered subsection (1) of that section, and after that provision there is inserted—
“(2)In its application to Wales, section 18 has effect as if—
(a)any reference to a Passenger Transport Executive were omitted, and
(b)for the reference in subsection (2A) to section 217 of the Local Government and Public Involvement in Health Act 2007 there were substituted a reference to section 218 of that Act.”
(4)In section 95 (power to trade in function-related activities through a company)—
(a)in subsection (4) omit the words from “within” to the end;
(b)for subsections (5) and (6) substitute—
“(5)An order under section 212 of the Local Government and Public Involvement in Health Act 2007 (regulation of entities controlled etc by local authorities) may include provision applying any of the provisions of that order, with or without modifications—
(a)to a company through which a relevant authority which is not a local authority for the purposes of that section exercises or proposes to exercise powers conferred by order under this section; or
(b)to such a relevant authority, or members or officers of such a relevant authority, in relation to such a company.
(6)Any requirement or prohibition imposed on or in relation to a company by virtue of subsection (5) must relate to the doing for a commercial purpose of the thing to which the order under this section relates.”;
(c)in subsection (7), before the definition of “ordinary functions” insert—
““company” means—
(a)a company within the meaning given by section 1(1) of the Companies Act 2006; or
(b)a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969,”.
(5)In subsection 96(5) (definition of “company”) for the words from “Part 5” to the end substitute “ section 95 ”.
F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 14 para. 5(6) repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 123(e); S.I. 2015/841, art. 3(x)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: