Local Government and Public Involvement in Health Act 2007

Local Government Act 2003 (c. 26)

5 (1) The Local Government Act 2003 is amended as follows.

(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”.

(6) In section 100(2)(a) (exercise of powers by reference to authorities' performance categories), for the words from “section 70” to the end substitute “section 212 of the Local Government and Public Involvement in Health Act 2007”.