Citation and interpretation

1. —(1) This Order may be cited as the Local Government and Public Involvement in Health Act 2007 (Commencement No.5 and Transitional, Saving and Transitory Provision) Order 2008.

(2) In this Order—

“the Act” means the Local Government and Public Involvement in Health Act 2007;

“the 1974 Act” means the Local Government Act 1974( 2 );

“Commission” means the Commission for Local Administration in England established under section 23(1) of the 1974 Act( 3 );

“Local Commissioner” has the meaning given in section 23(3) of the 1974 Act ( 4 );

“President” means President of the Valuation Tribunal for England; and

“Vice-President” means Vice-President of the Valuation Tribunal for England.

Provisions coming into force on 1st April 2008

2. —(1) The following provisions of the Act shall come into force on 1st April 2008—

(a) section 136 (parish councils and community councils etc not to be best value authorities) and Schedule 7 (amendments consequential on removing parish councils etc from best value duties);

(b) section 137 (guidance about general best value duty) in relation to England and police authorities in Wales;

(c) section 139 (abolition of performance indicators etc except for Welsh authorities);

(d) section 140 (abolition of best value performance reviews) in so far as it applies in relation to England;

(e) section 144 (best value: minor and consequential amendments) and Schedule 8 (best value: minor and consequential amendments);

(f) section 168 (appointment and removal of Commissioners) in so far as it relates to appointments of Local Commissioners made on or after 1st April 2008;

(g) section 169 (responsibilities of Commissioners);

(h) section 170 (annual reports) in relation to any report submitted on or after 1st April 2008;

(i) sections 171 to 176 (which relate to investigations and reports by Local Commissioners) in relation to matters coming to the attention of the Commission on or after 1st April 2008;

(j) section 177 (publication of reports etc by Commissioners);

(k) section 178 (making complaints etc electronically);

(l) section 179 (disqualifications);

(m) section 181 (delegation) in relation to matters coming to the attention of the Commission on or after 1st April 2008;

(n) section 182 and Schedule 12 (minor and consequential amendments);

(o) sections 205 to 209 (joint waste authorities in England);

(p) Schedule 13 (consequential amendments relating to joint waste authorities);

(q) section 211 (interpretation of Part 11);

(r) section 219(1) (establishment of the Tribunal) in so far as it relates to the provisions specified in sub-paragraph (w) and paragraph (2) below;

(s) section 220(1) (consequential and transitional provision etc. ) in so far as it relates to the provisions specified in sub-paragraphs (x) to (dd) below;

(t) section 220(2) to (4);

(u) section 239 (contracting out);

(v) section 241 (repeals), in so far as it relates to—

(i) the provisions specified in Part 8 of Schedule 18 other than the entry relating to section 29(3) of the Local Government Act 1999( 5 ); and

(ii) the provisions specified in Part 14 of Schedule 18.

(w) paragraphs 1 and 2 of Schedule 15 (the Valuation Tribunal for England) in so far as they relate to the provisions specified in paragraph (2) below;

(x) paragraph 1 of Schedule 16 (House of Commons Disqualification Act 1975( 6 ));

(y) paragraph 10 of that Schedule (Local Government Act 2003( 7 )) in so far as it relates to the provisions specified in sub-paragraphs (z) to (cc) below;

(z) paragraph 11(1) of that Schedule in so far as it relates to the provision specified in sub-paragraph (aa) below;

(aa) paragraph 11(2)(e) of that Schedule to the Act;

(bb) paragraph 13(1) of that Schedule in so far as it relates to the provisions specified in sub-paragraph (cc) below;

(cc) paragraph 13(2)(a) and (3) of that Schedule; and

(dd) paragraphs 14 to 16 of that Schedule (Constitutional Reform Act 2005( 8 )) in so far as they relate to the office of President or the office of Vice-President.

(2) The provisions referred to in paragraph (1)(r) and (w) are all the provisions of Part 1 of Schedule 11 to the Local Government Act 1988( 9 ) with the exception of—

(a) paragraph A2 (transfer of the jurisdiction of the existing English tribunals),

(b) paragraph A3 (arbitration), and

(c) paragraph A18 (member of the Tribunal unable to act in an appeal).

Provisions coming into force on 1st April 2009

3. The following provisions of the Act shall come into force on 1st April 2009—

(a) section 138 (involvement of local representatives);

(b) section 180 (expenses of the Commission).

Partial commencement of section 76

4. Section 76 of the Act (appointed councillors) shall come into force on 1st April 2008 in so far as it confers powers to make regulations under section 16A of the Local Government Act 1972( 10 ).

Partial commencement of section 77

5. Section 77 of the Act (extension of power to certain parish councils) shall come into force on 1st April 2008 in so far as it confers powers to make an order under section 1(2) of the Local Government Act 2000( 11 ).

Transitional and savings provisions

6. —(1) Notwithstanding the coming into force of section 139 of the Act, best value authorities in England shall, in accordance with section 6 of the Local Government Act 1999, prepare and publish a best value performance plan for the financial year ending 31st March 2008 comprising—

(a) details of the authority’s performance during the period 1st April 2007 to 31st March 2008 according to the Best Value Performance Indicators that applied to the authority during that period, in accordance with the requirement in Annex A to the guidance on best value performance plans issued by the Office of the Deputy Prime Minister on 11th April 2006 (“ODPM Circular 05/2006”); and

(b) a statement and certification that all individual contracts awarded during the period 1st April 2007 to 31st March 2008 which involve a transfer of staff comply, where applicable, with the requirements in the Code of Practice on Workforce Matters in Local Authority Service Contracts, in accordance with the requirement in Annex A to ODPM Circular 05/2006.

(2) The reference in paragraph (1) to the Code of Practice on Workforce Matters in Local Authority Service Contracts is a reference to—

(a) Annex D of ODPM Circular 03/2003 issued by the Office of the Deputy Prime Minister on 13th March 2003 in respect of the following authorities in England: county councils, district councils, London borough councils, the Council of the Isles of Scilly, and the Common Council of the City of London in its capacity as a local authority;

(b) Annex C of ODPM Circular 07/2003 issued by the Office of the Deputy Prime Minister on 30th September 2003 in respect of the Greater London Authority, the London Development Agency and Transport for London;

(c) Annex C of ODPM Circular 10/2003 issued jointly by the Office of the Deputy Prime Minister and the Department for Environment, Food and Rural Affairs on 31st October 2003 in respect of National Park authorities and the Broads Authority;

(d) Annex B of ODPM Circular 01/2004 issued jointly by the Office of the Deputy Prime Minister and the Department for Transport on 26th January 2004 in respect of metropolitan county passenger transport authorities;

(e) Annex E of ODPM Circular 09/2004 issued by the Office of the Deputy Prime Minister on 20th December 2004 in respect of fire and rescue authorities constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, metropolitan county fire and civil defence authorities or the London Fire and Emergency Fire Authority.

(3) Until 31st March 2010 section 4 of the Local Government Act 1999 shall continue to apply in relation to police authorities in England and Wales as if the amendments given effect by section 139 of the Act had not been made.

(4) Section 23 of the 1974 Act shall continue to apply in relation to any Local Commissioners appointed before 1st April 2008 as if the amendments given effect by section 168 of the Act had not been made.

(5) The following provisions of the 1974 Act shall continue to apply in relation to complaints received by the Commission before 1st April 2008 as if the amendments given effect by sections 171 to 176, 181 and 182 of, and Schedule 12 to, the Act had not been made—

(a) section 25;

(b) section 26;

(c) section 27;

(d) section 30;

(e) section 31;

(f) Schedule 4;

(g) Schedule 5.

(6) Notwithstanding the coming into force of section 239 of the Act, the Transport for London (Best Value) (Contracting Out of Investment and Highway Functions) Order 2006( 12 ) shall continue to apply as if section 239(5) of the Act had not been commenced.

Transitory provisions (modifications to the Local Government Act 2003)

7. —(1) Until paragraphs 10 to 13 of Schedule 16 (Local Government Act 2003) to the Act have been commenced in full, the Local Government Act 2003 is modified as follows.

(2) In section 105(2) (the Valuation Tribunal Service) after “valuation tribunals in England” insert “and the Valuation Tribunal for England”.

(3) In paragraph 1 of Schedule 4 (membership, chairman and deputy chairman) for sub-paragraph (3)(a) substitute—

“ (a) a majority are persons occupying the following positions or offices—

(i) the position of president or chairman of a valuation tribunal,

(ii) the office of President or Vice-President of the Tribunal, and ” .

(4) In paragraph 4 of Schedule 4 (cessation of membership) after sub-paragraph (1)(b) insert—

“ (ba) he ceases to be President of the Tribunal (whether or not he was appointed to the Service by virtue of being President),

(bb) having been a Vice-President of the Tribunal at the time of his appointment, he ceases to hold that office without being appointed to the office of President of the Tribunal, or ” .

(5) In paragraph 27 of Schedule 4 (interpretation) after the definition of “financial year” insert—

“ “Tribunal” means the Valuation Tribunal for England. ” .