OpenLegislation

Local Government and Public Involvement in Health Act 2007 in Scotland

2007 c. 28 · Enacted 30 October 2007 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 7 July 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 1 para. 15repealedCoroners and Justice Act 2009 Sch. 23 Pt. 1

An Act to make provision with respect to local government and the functions and procedures of local authorities and certain other authorities; to make provision with respect to persons with functions of inspection and audit in relation to local government; to establish the Valuation Tribunal for England; to make provision in connection with local involvement networks; to abolish Patients' Forums and the Commission for Patient and Public Involvement in Health; to make provision with respect to local consultation in connection with health services; and for connected purposes.

[30th October 2007]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2

Annotations to the whole text

Modifications

C1

Act applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1)(2), Sch. 5 para. 15

C2

Act applied (with modifications) (21.3.2024) by The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414), arts. 1(2), 5, Sch. 1 para. 15

Contents

  1. Chapter 1: Structural and boundary change
  2. Change from two tiers to single tier of local government
  3. 1“Principal authority” and “single tier of local government”
  4. 2Invitations and directions for proposals for single tier of local government
  5. 2AProposals for merger of single tiers of local government
  6. 3Invitations, directions and proposals: supplementary
  7. Boundary change
  8. Implementation of changes
  9. 11AImplementation orders: conversion of combined county authorities
  10. 13Implementation orders: further provision
  11. 14Regulations for supplementing orders
  12. 16Agreements about incidental matters
  13. 17Residuary bodies
  14. 18Staff commissions
  15. 19Certain county councils to be billing authorities
  16. Supplementary
  17. 20Correction of orders
  18. 21Pre-commencement invitations etc
  19. 22Consequential amendments
  20. Chapter 2: Control of disposals etc
  21. 26Directions: supplementary
  22. 27Consideration to be taken into account for purposes of direction
  23. 29Power to amend
  24. 30Definitions for purposes of Chapter 2
  25. Introductory
  26. 31Schemes for elections
  27. 31AMinimum period between resolutions to change electoral schemes
  28. Power of district councils to change to whole-council elections
  29. 32Resolution for whole-council elections
  30. 35Publicity
  31. Power of district councils to revert to partial-council elections
  32. 37Resolution for elections by halves
  33. 39Resolution for elections by thirds
  34. 46Orders for elections by halves: councillors to be elected at ordinary elections
  35. 48Order for elections by thirds: councillors to be elected at ordinary elections
  36. 49Order for elections by halves or elections by thirds: transitional provision
  37. Power of district councils to alter years of ordinary elections of parish councillors
  38. 53Power of council to alter years of ordinary elections of parish councillors
  39. Amendment of existing provisions about schemes for ordinary elections
  40. 54Amendment of existing provisions about schemes for ordinary elections
  41. Requests for single-member electoral areas in England
  42. 55Requests for single-member electoral areas Repealed
  43. Electoral Commission and Boundary Committee: reviews and recommendations
  44. 56Electoral Commission and Boundary Committee: reviews and recommendations Repealed
  45. 57Procedure in connection with reviews Repealed
  46. Electoral areas in England
  47. 58Metropolitan districts: councillors per ward
  48. Election dates
  49. 60Power to change date of local elections to date of European Parliamentary general election
  50. Chapter 3: Consequential amendments
  51. 61Consequential amendments
  52. 66Elected mayors
  53. 68Power to make incidental, consequential provision etc
  54. 71Larger authorities to cease operating alternative arrangements
  55. 72Failure to cease operating alternative arrangements
  56. 73Sections 71 and 72: supplementary
  57. 74Further amendments & transitional provision
  58. Chapter 1: Parishes
  59. 75Parishes: alternative styles
  60. 76Appointed councillors
  61. Chapter 2: Power to promote well-being
  62. 77Extension of power to certain parish councils
  63. Chapter 3: Reorganisation
  64. 79Community governance reviews
  65. 80ACommunity governance applications
  66. 81Terms of reference of review
  67. 82Council's power to undertake review
  68. Reorganisation of community governance
  69. Recommendations of review
  70. 87Constitution of new parish
  71. 88Existing parishes under review
  72. 89New council: consequential recommendations
  73. 90Council retained: consequential recommendations
  74. 91Grouping or de-grouping parishes
  75. Duties of council undertaking review
  76. 94Recommendations to create parish councils
  77. 95Electoral recommendations: general considerations
  78. Publicising outcome of review
  79. Miscellaneous
  80. 97Supplementary regulations
  81. 99Agreements about incidental matters
  82. 101Consequential amendments
  83. 103Application of Chapter: responsible local authorities
  84. 105“Local improvement targets”: interpretation Repealed
  85. 107Approval of draft local area agreement by Secretary of State Repealed
  86. 108Duty to have regard to local improvement targets Repealed
  87. 109Designated targets Repealed
  88. 110Revision and addition of targets Repealed
  89. 112Approval of revision proposal Repealed
  90. 113Duty to publish information about local area agreement Repealed
  91. 116ZAIntegrated care partnerships
  92. 116ZBIntegrated care strategies
  93. 116BDuty to have regard to assessments and strategies
  94. 116CSections 116 to 116B: references to functions
  95. Chapter 2: Overview and scrutiny committees
  96. 119Reference of matter by councillor to overview and scrutiny committee
  97. 120Power of overview and scrutiny committee to question members of authority
  98. 122Overview and scrutiny committees: reports and recommendations
  99. 125Guidance
  100. 126Reference of local crime and disorder matters to crime and disorder committees etc
  101. 128Transitional provision
  102. 129Alternative procedure for byelaws
  103. 130Fixed penalties for breach of byelaws
  104. 131Use of fixed penalty receipts
  105. 132Guidance
  106. 134Revocation of byelaws
  107. 135Further amendments relating to byelaws
  108. Best value authorities
  109. Duties of best value authorities
  110. 137Guidance about general best value duty
  111. 139Abolition of performance indicators etc except for Welsh authorities
  112. 140Abolition of best value performance reviews
  113. Powers to modify enactments etc
  114. 141Consultation with and consent of Welsh Ministers
  115. 142Power of Welsh Ministers to modify enactments obstructing best value etc
  116. Other
  117. 143Grants to promote or facilitate exercise of functions by best value authorities
  118. 144Best value: minor and consequential amendments
  119. Chapter 1: Constitution of the Audit Commission
  120. Chapter 2: Audit Commission and auditors: functions and procedure
  121. Benefits inspections
  122. Interaction with other authorities
  123. Inspections and audit
  124. 152Inspections of best value authorities
  125. Studies and reports etc
  126. 154Studies at request of particular bodies
  127. 156Information about performance standards of local authorities etc
  128. 159Appointment of auditors Repealed
  129. 160Inspection and disclosure of personal information Repealed
  130. 161Right to make objections at audit Repealed
  131. 162Appointment of auditor to carry out agreed audits Repealed
  132. 163Consent for the purposes of agreed audit Repealed
  133. 164Disclosure of information obtained by the Audit Commission or an auditor Repealed
  134. 165Publication of information by the Audit Commission Repealed
  135. Chapter 3: Auditor General for Wales and auditors
  136. 166Registered social landlords in Wales
  137. 167Disclosure of information obtained by the Auditor General for Wales or an auditor
  138. 168Appointment and removal of Commissioners
  139. 169Responsibilities of Commissioners
  140. 170Annual reports
  141. 171Power to investigate
  142. 172Authorities subject to investigation
  143. 173Matters subject to investigation
  144. 174Complaints and matters coming to Commissioners' attention
  145. 175Reports and statements of reasons
  146. 176Power of Commissioners to make recommendations etc
  147. 177Publication of reports etc by Commissioners
  148. 178Making complaints etc electronically
  149. 179Disqualifications
  150. 180Expenses of the Commission
  151. 181Delegation
  152. 182Minor and consequential amendments
  153. Codes of conduct
  154. 184Certain references to code of conduct to include default code
  155. Conduct of members of authorities in England: assessment of allegations
  156. 185Assessment of allegations Repealed
  157. 186Information to be provided to Standards Board by relevant authority Repealed
  158. Conduct of local authority members: miscellaneous amendments
  159. 187Chairmen of standards committees Repealed
  160. 189Joint committees of relevant authorities in England Repealed
  161. 190Standards Board for England: functions Repealed
  162. 191Ethical standards officers: investigations and findings Repealed
  163. 192Ethical standards officers: reports etc Repealed
  164. 193Disclosure by monitoring officers of ethical standards officers' reports Repealed
  165. 197Interim case tribunals
  166. 199Case tribunals: Wales
  167. 200Exemption from Data Protection Act 1998
  168. Chapter 2: Employees
  169. 202Politically restricted posts: grant and supervision of exemptions
  170. 203Politically restricted posts: consequential amendments
  171. 204Political assistants' pay
  172. 205Proposals for joint waste authorities in England Repealed
  173. 206Consultation Repealed
  174. 207Implementation of proposals by order Repealed
  175. 208Membership of joint waste authorities Repealed
  176. 210Joint waste authorities in Wales
  177. 213Trusts
  178. 215Exemptions from orders
  179. 216Consequential amendments
  180. 218Definition of certain terms in amended enactments: Wales
  181. 219Establishment of the Tribunal
  182. 220Consequential and transitional provision etc
  183. Local arrangements
  184. 222ALocal authority arrangements: conflicts of interest
  185. 229Sections 221 to 228: interpretation and supplementary
  186. Abolition of Patients' Forums etc
  187. 230Abolition of functions of Patients' Forums
  188. 231Abolition of Patients' Forums
  189. 232Abolition of Commission for Patient and Public Involvement in Health
  190. Consultation about health services
  191. 233Duty to involve users of health services
  192. 234Reports on consultation
  193. 235Powers of National Assembly for Wales
  194. Exercise of functions by members of local authorities in England
  195. 237Exercise of functions under section 236: records
  196. Accounting
  197. 238Amendments relating to capital finance and accounting practices
  198. Contracting out
  199. 239Contracting out
  200. Part 17: Final provisions
  201. 243Power to make further amendments and repeals
  202. 245Commencement
  203. 246Short title
  204. Part 1: Amendments of Local Government Act 1992
  205. 1Paragraph 1
  206. 2Paragraph 2
  207. 3Paragraph 3
  208. 4Paragraph 4
  209. 5Paragraph 5
  210. 6Paragraph 6
  211. 7Paragraph 7
  212. 8Paragraph 8
  213. 9Paragraph 9
  214. 10Paragraph 10
  215. Part 2: Other amendments
  216. Local Government Act 1972 (c. 70)
  217. 11Paragraph 11
  218. Race Relations Act 1976 (c. 74)
  219. 12Paragraph 12
  220. Rent Act 1977 (c. 42)
  221. 13Paragraph 13
  222. Interpretation Act 1978 (c. 30)
  223. 14Paragraph 14
  224. Coroners Act 1988 (c. 13)
  225. 15Paragraph 15
  226. Local Government Finance Act 1988 (c. 41)
  227. 16Paragraph 16
  228. Food Safety Act 1990 (c. 16)
  229. 17Paragraph 17
  230. Environment Act 1995 (c. 25)
  231. 18Paragraph 18
  232. Police Act 1996 (c. 16)
  233. 19Paragraph 19
  234. Freedom of Information Act 2000 (c. 36)
  235. 20Paragraph 20
  236. Regional Assemblies (Preparations) Act 2003 (c. 10)
  237. Fire and Rescue Services Act 2004 (c. 21)
  238. 22Paragraph 22
  239. Local Government and Housing Act 1989 (c. 42)
  240. 1Paragraph 1
  241. 2Paragraph 2
  242. Local Government Act 1972 (c. 70)
  243. 1Paragraph 1
  244. 2Paragraph 2
  245. 3Paragraph 3
  246. 4Paragraph 4
  247. 5Paragraph 5
  248. 6Paragraph 6
  249. 7Paragraph 7
  250. 9Paragraph 9
  251. 10Paragraph 10
  252. 11Paragraph 11
  253. 12Paragraph 12
  254. Local Government Act 1974 (c. 7)
  255. 13Paragraph 13
  256. 14Paragraph 14
  257. 15Paragraph 15
  258. Representation of the People Act 1983 (c. 2)
  259. 16Paragraph 16
  260. 17Paragraph 17
  261. Local Government Act 1985 (c. 51)
  262. 18Paragraph 18
  263. 19Paragraph 19
  264. Local Government Finance Act 1988 (c. 41)
  265. 20Paragraph 20
  266. 21Paragraph 21
  267. Local Government Act 2000 (c. 22)
  268. 22Paragraph 22
  269. 26Paragraph 26 Repealed
  270. 27Paragraph 27
  271. 29Paragraph 29
  272. Part 1: Old-style leader and cabinet executive
  273. Application of Part
  274. 1Paragraph 1
  275. Continued operation of existing executive
  276. 2Paragraph 2
  277. Change in form of executive
  278. 3Paragraph 3
  279. Failure to change form of executive: automatic change
  280. 4Paragraph 4
  281. Interpretation
  282. 5Paragraph 5
  283. Part 2: Mayor and council manager executive
  284. Application of Part
  285. 6Paragraph 6
  286. Continued operation of existing executive
  287. 7Paragraph 7
  288. Change in form of executive
  289. 8Paragraph 8
  290. 9Paragraph 9
  291. 10Paragraph 10
  292. Failure to change form of executive: automatic change
  293. 11Paragraph 11
  294. Interpretation
  295. 12Paragraph 12
  296. Part 3: Other transitional provision
  297. 13Paragraph 13
  298. 2Paragraph 2
  299. 3Paragraph 3
  300. 4Paragraph 4
  301. 5Paragraph 5
  302. 6Paragraph 6
  303. 7Paragraph 7
  304. 8Paragraph 8
  305. 9Paragraph 9
  306. 10Paragraph 10
  307. Public Health Acts Amendment Act 1907 (c. 53)
  308. 1Paragraph 1
  309. Public Health Act 1936 (c. 49)
  310. 2Paragraph 2
  311. Public Health (Control of Disease) Act 1984 (c. 22)
  312. 3Paragraph 3
  313. Police Reform Act 2002 (c. 30)
  314. Local Government, Planning and Land Act 1980 (c. 65)
  315. 1Paragraph 1
  316. Local Government Act 1999 (c. 27)
  317. 2Paragraph 2
  318. Local Government Act 2003 (c. 26)
  319. 3Paragraph 3
  320. Part 1: Part 1 of Local Government Act 1999
  321. 1Paragraph 1
  322. 2Paragraph 2
  323. 3Paragraph 3
  324. 4Paragraph 4
  325. 5Paragraph 5
  326. 6Paragraph 6
  327. 7Paragraph 7
  328. 8Paragraph 8
  329. 9Paragraph 9
  330. 10Paragraph 10
  331. 11Paragraph 11
  332. 12Paragraph 12
  333. 13Paragraph 13
  334. 14Paragraph 14
  335. 15Paragraph 15
  336. 16Paragraph 16
  337. 17Paragraph 17
  338. 18Paragraph 18
  339. 19Paragraph 19
  340. 20Paragraph 20
  341. 21Paragraph 21
  342. 22Paragraph 22
  343. Part 2: Other minor and consequential amendments
  344. Housing Associations Act 1985 (c. 69)
  345. Railways and Transport Safety Act 2003 (c. 20)
  346. 24Paragraph 24
  347. Local Government Act 2003 (c. 26)
  348. 25Paragraph 25
  349. Fire and Rescue Services Act 2004 (c. 21)
  350. 26Paragraph 26
  351. Public Audit (Wales) Act 2004 (c. 23)
  352. 27Paragraph 27 Repealed
  353. Amendment of references to the current name of the Commission Repealed
  354. Amendment of references to the old name of the Commission Repealed
  355. 2Paragraph 2 Repealed
  356. Repeal of provision in the Audit Commission Act 1998 (c. 18) relating to the previous change of name of the Commission Repealed
  357. 3Paragraph 3 Repealed
  358. Transfer of staff Repealed
  359. 1Paragraph 1 Repealed
  360. 2Paragraph 2 Repealed
  361. 3Paragraph 3 Repealed
  362. 4Paragraph 4 Repealed
  363. Property, rights and liabilities etc. Repealed
  364. 5Paragraph 5 Repealed
  365. Part 1: Amendments of Part 3 of Local Government Act 1974
  366. 1Paragraph 1
  367. 2Paragraph 2
  368. 3Paragraph 3
  369. 4Paragraph 4
  370. 5Paragraph 5
  371. 6Paragraph 6
  372. 7Paragraph 7
  373. 8Paragraph 8
  374. 9Paragraph 9
  375. 10Paragraph 10
  376. 11Paragraph 11
  377. 12Paragraph 12
  378. Part 2: Other amendments
  379. Parliamentary Commissioner Act 1967 (c. 13)
  380. 13Paragraph 13
  381. Local Government and Housing Act 1989 (c. 42)
  382. 14Paragraph 14
  383. Health Service Commissioners Act 1993 (c. 46)
  384. 15Paragraph 15
  385. Greater London Authority Act 1999 (c. 29)
  386. 16Paragraph 16
  387. Local Government Act 2000 (c. 22)
  388. Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
  389. 18Paragraph 18
  390. Part 1: Amendments of Local Government Act 1972 Repealed
  391. 1Paragraph 1 Repealed
  392. 2Paragraph 2 Repealed
  393. 3Paragraph 3 Repealed
  394. 4Paragraph 4 Repealed
  395. 5Paragraph 5 Repealed
  396. 6Paragraph 6 Repealed
  397. 7Paragraph 7 Repealed
  398. 8Paragraph 8 Repealed
  399. 9Paragraph 9 Repealed
  400. 10Paragraph 10 Repealed
  401. 11Paragraph 11 Repealed
  402. 12Paragraph 12 Repealed
  403. 13Paragraph 13 Repealed
  404. 14Paragraph 14 Repealed
  405. 15Paragraph 15 Repealed
  406. 16Paragraph 16 Repealed
  407. 17Paragraph 17 Repealed
  408. 18Paragraph 18 Repealed
  409. 19Paragraph 19 Repealed
  410. 20Paragraph 20 Repealed
  411. 21Paragraph 21 Repealed
  412. 22Paragraph 22 Repealed
  413. 23Paragraph 23 Repealed
  414. 24Paragraph 24 Repealed
  415. Part 2: Other amendments Repealed
  416. Landlord and Tenant Act 1954 (c. 56) Repealed
  417. 25Paragraph 25 Repealed
  418. Trustee Investments Act 1961 (c. 62) Repealed
  419. 26Paragraph 26 Repealed
  420. Leasehold Reform Act 1967 (c. 88) Repealed
  421. 27Paragraph 27 Repealed
  422. Employers' Liability (Compulsory Insurance) Act 1969 (c. 57) Repealed
  423. 28Paragraph 28 Repealed
  424. Local Authorities (Goods and Services) Act 1970 (c. 39) Repealed
  425. 29Paragraph 29 Repealed
  426. Employment Agencies Act 1973 (c. 35) Repealed
  427. 30Paragraph 30 Repealed
  428. Local Government Act 1974 (c. 7) Repealed
  429. 31Paragraph 31 Repealed
  430. Health and Safety at Work etc Act 1974 (c. 37) Repealed
  431. 32Paragraph 32 Repealed
  432. Local Government (Miscellaneous Provisions) Act 1976 (c. 57) Repealed
  433. 33Paragraph 33 Repealed
  434. Rent (Agriculture) Act 1976 (c. 80) Repealed
  435. 34Paragraph 34 Repealed
  436. Rent Act 1977 (c. 42) Repealed
  437. 35Paragraph 35 Repealed
  438. Local Government, Planning and Land Act 1980 (c. 65) Repealed
  439. 36Paragraph 36 Repealed
  440. Acquisition of Land Act 1981 (c. 67) Repealed
  441. 37Paragraph 37 Repealed
  442. Local Government (Miscellaneous Provisions) Act 1982 (c. 30) Repealed
  443. 38Paragraph 38 Repealed
  444. Stock Transfer Act 1982 (c. 41) Repealed
  445. 39Paragraph 39 Repealed
  446. County Courts Act 1984 (c. 28) Repealed
  447. 40Paragraph 40 Repealed
  448. Housing Act 1985 (c. 68) Repealed
  449. 41Paragraph 41 Repealed
  450. Landlord and Tenant Act 1985 (c. 70) Repealed
  451. 42Paragraph 42 Repealed
  452. Local Government Act 1988 (c. 9) Repealed
  453. 43Paragraph 43 Repealed
  454. Housing Act 1988 (c. 50) Repealed
  455. 44Paragraph 44 Repealed
  456. Road Traffic Act 1988 (c. 52) Repealed
  457. 45Paragraph 45 Repealed
  458. Local Government and Housing Act 1989 (c. 42) Repealed
  459. 46Paragraph 46 Repealed
  460. 47Paragraph 47 Repealed
  461. 48Paragraph 48 Repealed
  462. Environmental Protection Act 1990 (c. 43) Repealed
  463. 49Paragraph 49 Repealed
  464. Local Government (Overseas Assistance) Act 1993 (c. 25) Repealed
  465. 50Paragraph 50 Repealed
  466. Housing Grants, Construction and Regeneration Act 1996 (c. 53) Repealed
  467. 51Paragraph 51 Repealed
  468. Audit Commission Act 1998 (c. 18) Repealed
  469. Local Government Act 1999 (c. 27) Repealed
  470. 53Paragraph 53 Repealed
  471. Freedom of Information Act 2000 (c. 36) Repealed
  472. 54Paragraph 54 Repealed
  473. Local Government Act 2003 (c. 26) Repealed
  474. 55Paragraph 55 Repealed
  475. Schedule 14: Consequential amendments relating to entities controlled etc by local authorities Not yet in force
  476. Prevention of Corruption Act 1916 (c. 64) Not yet in force
  477. 1Paragraph 1 Not yet in force
  478. 2Paragraph 2 Not yet in force
  479. 3Paragraph 3 Not yet in force
  480. 4Paragraph 4 Not yet in force
  481. 6Paragraph 6 Not yet in force
  482. Introduction
  483. 1Paragraph 1
  484. Establishment of the Tribunal
  485. 2Paragraph 2
  486. Schedule 11 to be divided into Parts
  487. 3Paragraph 3
  488. Retention of existing arrangements for Wales
  489. 4Paragraph 4
  490. 5Paragraph 5
  491. 6Paragraph 6
  492. 7Paragraph 7
  493. 8Paragraph 8
  494. 9Paragraph 9
  495. 10Paragraph 10
  496. Amendment of provisions relating to England and to Wales
  497. 11Paragraph 11
  498. 12Paragraph 12
  499. 13Paragraph 13
  500. 14Paragraph 14
  501. 15Paragraph 15
  502. 16Paragraph 16
  503. 17Paragraph 17
  504. 18Paragraph 18
  505. 19Paragraph 19
  506. House of Commons Disqualification Act 1975 (c. 24)
  507. 1Paragraph 1
  508. Local Government Finance Act 1988 (c. 41)
  509. 2Paragraph 2
  510. 3Paragraph 3
  511. 4Paragraph 4
  512. 5Paragraph 5
  513. Land Drainage Act 1991 (c. 59)
  514. 6Paragraph 6
  515. Local Government Finance Act 1992 (c. 14)
  516. 7Paragraph 7
  517. Tribunals and Inquiries Act 1992 (c. 53)
  518. 8Paragraph 8
  519. Finance Act 2003 (c. 14)
  520. 9Paragraph 9
  521. 10Paragraph 10
  522. 11Paragraph 11
  523. 12Paragraph 12
  524. 13Paragraph 13
  525. Constitutional Reform Act 2005 (c. 4)
  526. 14Paragraph 14
  527. 15Paragraph 15
  528. 16Paragraph 16
  529. 1Paragraph 1
  530. 2Paragraph 2
  531. 3Paragraph 3
  532. 4Paragraph 4
  533. Schedule 18: Repeals
  534. 16Entities controlled etc by local authorities Not yet in force