Local Government and Public Involvement in Health Act 2007 in Scotland
2007 c. 28 · Enacted 30 October 2007 · Extends to United Kingdom
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
- Chapter 1: Structural and boundary change
- Change from two tiers to single tier of local government
- 1“Principal authority” and “single tier of local government”
- 2Invitations and directions for proposals for single tier of local government
- 2AProposals for merger of single tiers of local government
- 3Invitations, directions and proposals: supplementary
- Boundary change
- Implementation of changes
- 11AImplementation orders: conversion of combined county authorities
- 13Implementation orders: further provision
- 14Regulations for supplementing orders
- 16Agreements about incidental matters
- 17Residuary bodies
- 18Staff commissions
- 19Certain county councils to be billing authorities
- Supplementary
- 20Correction of orders
- 21Pre-commencement invitations etc
- 22Consequential amendments
- Chapter 2: Control of disposals etc
- 26Directions: supplementary
- 27Consideration to be taken into account for purposes of direction
- 29Power to amend
- 30Definitions for purposes of Chapter 2
- Introductory
- 31Schemes for elections
- 31AMinimum period between resolutions to change electoral schemes
- Power of district councils to change to whole-council elections
- 32Resolution for whole-council elections
- 35Publicity
- Power of district councils to revert to partial-council elections
- 37Resolution for elections by halves
- 39Resolution for elections by thirds
- 46Orders for elections by halves: councillors to be elected at ordinary elections
- 48Order for elections by thirds: councillors to be elected at ordinary elections
- 49Order for elections by halves or elections by thirds: transitional provision
- Power of district councils to alter years of ordinary elections of parish councillors
- 53Power of council to alter years of ordinary elections of parish councillors
- Amendment of existing provisions about schemes for ordinary elections
- 54Amendment of existing provisions about schemes for ordinary elections
- Requests for single-member electoral areas in England
- 55Requests for single-member electoral areas Repealed
- Electoral Commission and Boundary Committee: reviews and recommendations
- 56Electoral Commission and Boundary Committee: reviews and recommendations Repealed
- 57Procedure in connection with reviews Repealed
- Electoral areas in England
- 58Metropolitan districts: councillors per ward
- Election dates
- 60Power to change date of local elections to date of European Parliamentary general election
- Chapter 3: Consequential amendments
- 61Consequential amendments
- 66Elected mayors
- 68Power to make incidental, consequential provision etc
- 71Larger authorities to cease operating alternative arrangements
- 72Failure to cease operating alternative arrangements
- 73Sections 71 and 72: supplementary
- 74Further amendments & transitional provision
- Chapter 1: Parishes
- 75Parishes: alternative styles
- 76Appointed councillors
- Chapter 2: Power to promote well-being
- 77Extension of power to certain parish councils
- Chapter 3: Reorganisation
- 79Community governance reviews
- 80ACommunity governance applications
- 81Terms of reference of review
- 82Council's power to undertake review
- Reorganisation of community governance
- Recommendations of review
- 87Constitution of new parish
- 88Existing parishes under review
- 89New council: consequential recommendations
- 90Council retained: consequential recommendations
- 91Grouping or de-grouping parishes
- Duties of council undertaking review
- 94Recommendations to create parish councils
- 95Electoral recommendations: general considerations
- Publicising outcome of review
- Miscellaneous
- 97Supplementary regulations
- 99Agreements about incidental matters
- 101Consequential amendments
- 103Application of Chapter: responsible local authorities
- 105“Local improvement targets”: interpretation Repealed
- 107Approval of draft local area agreement by Secretary of State Repealed
- 108Duty to have regard to local improvement targets Repealed
- 109Designated targets Repealed
- 110Revision and addition of targets Repealed
- 112Approval of revision proposal Repealed
- 113Duty to publish information about local area agreement Repealed
- 116ZAIntegrated care partnerships
- 116ZBIntegrated care strategies
- 116BDuty to have regard to assessments and strategies
- 116CSections 116 to 116B: references to functions
- Chapter 2: Overview and scrutiny committees
- 119Reference of matter by councillor to overview and scrutiny committee
- 120Power of overview and scrutiny committee to question members of authority
- 122Overview and scrutiny committees: reports and recommendations
- 125Guidance
- 126Reference of local crime and disorder matters to crime and disorder committees etc
- 128Transitional provision
- 129Alternative procedure for byelaws
- 130Fixed penalties for breach of byelaws
- 131Use of fixed penalty receipts
- 132Guidance
- 134Revocation of byelaws
- 135Further amendments relating to byelaws
- Best value authorities
- Duties of best value authorities
- 137Guidance about general best value duty
- 139Abolition of performance indicators etc except for Welsh authorities
- 140Abolition of best value performance reviews
- Powers to modify enactments etc
- 141Consultation with and consent of Welsh Ministers
- 142Power of Welsh Ministers to modify enactments obstructing best value etc
- Other
- 143Grants to promote or facilitate exercise of functions by best value authorities
- 144Best value: minor and consequential amendments
- Chapter 1: Constitution of the Audit Commission
- Chapter 2: Audit Commission and auditors: functions and procedure
- Benefits inspections
- Interaction with other authorities
- Inspections and audit
- 152Inspections of best value authorities
- Studies and reports etc
- 154Studies at request of particular bodies
- 156Information about performance standards of local authorities etc
- 159Appointment of auditors Repealed
- 160Inspection and disclosure of personal information Repealed
- 161Right to make objections at audit Repealed
- 162Appointment of auditor to carry out agreed audits Repealed
- 163Consent for the purposes of agreed audit Repealed
- 164Disclosure of information obtained by the Audit Commission or an auditor Repealed
- 165Publication of information by the Audit Commission Repealed
- Chapter 3: Auditor General for Wales and auditors
- 166Registered social landlords in Wales
- 167Disclosure of information obtained by the Auditor General for Wales or an auditor
- 168Appointment and removal of Commissioners
- 169Responsibilities of Commissioners
- 170Annual reports
- 171Power to investigate
- 172Authorities subject to investigation
- 173Matters subject to investigation
- 174Complaints and matters coming to Commissioners' attention
- 175Reports and statements of reasons
- 176Power of Commissioners to make recommendations etc
- 177Publication of reports etc by Commissioners
- 178Making complaints etc electronically
- 179Disqualifications
- 180Expenses of the Commission
- 181Delegation
- 182Minor and consequential amendments
- Codes of conduct
- 184Certain references to code of conduct to include default code
- Conduct of members of authorities in England: assessment of allegations
- 185Assessment of allegations Repealed
- 186Information to be provided to Standards Board by relevant authority Repealed
- Conduct of local authority members: miscellaneous amendments
- 187Chairmen of standards committees Repealed
- 189Joint committees of relevant authorities in England Repealed
- 190Standards Board for England: functions Repealed
- 191Ethical standards officers: investigations and findings Repealed
- 192Ethical standards officers: reports etc Repealed
- 193Disclosure by monitoring officers of ethical standards officers' reports Repealed
- 197Interim case tribunals
- 199Case tribunals: Wales
- 200Exemption from Data Protection Act 1998
- Chapter 2: Employees
- 202Politically restricted posts: grant and supervision of exemptions
- 203Politically restricted posts: consequential amendments
- 204Political assistants' pay
- 205Proposals for joint waste authorities in England Repealed
- 206Consultation Repealed
- 207Implementation of proposals by order Repealed
- 208Membership of joint waste authorities Repealed
- 210Joint waste authorities in Wales
- 213Trusts
- 215Exemptions from orders
- 216Consequential amendments
- 218Definition of certain terms in amended enactments: Wales
- 219Establishment of the Tribunal
- 220Consequential and transitional provision etc
- Local arrangements
- 222ALocal authority arrangements: conflicts of interest
- 229Sections 221 to 228: interpretation and supplementary
- Abolition of Patients' Forums etc
- 230Abolition of functions of Patients' Forums
- 231Abolition of Patients' Forums
- 232Abolition of Commission for Patient and Public Involvement in Health
- Consultation about health services
- 233Duty to involve users of health services
- 234Reports on consultation
- 235Powers of National Assembly for Wales
- Exercise of functions by members of local authorities in England
- 237Exercise of functions under section 236: records
- Accounting
- 238Amendments relating to capital finance and accounting practices
- Contracting out
- 239Contracting out
- Part 17: Final provisions
- 243Power to make further amendments and repeals
- 245Commencement
- 246Short title
- Part 1: Amendments of Local Government Act 1992
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Part 2: Other amendments
- Local Government Act 1972 (c. 70)
- 11Paragraph 11
- Race Relations Act 1976 (c. 74)
- 12Paragraph 12
- Rent Act 1977 (c. 42)
- 13Paragraph 13
- Interpretation Act 1978 (c. 30)
- 14Paragraph 14
- Coroners Act 1988 (c. 13)
- 15Paragraph 15
- Local Government Finance Act 1988 (c. 41)
- 16Paragraph 16
- Food Safety Act 1990 (c. 16)
- 17Paragraph 17
- Environment Act 1995 (c. 25)
- 18Paragraph 18
- Police Act 1996 (c. 16)
- 19Paragraph 19
- Freedom of Information Act 2000 (c. 36)
- 20Paragraph 20
- Regional Assemblies (Preparations) Act 2003 (c. 10)
- Fire and Rescue Services Act 2004 (c. 21)
- 22Paragraph 22
- Local Government and Housing Act 1989 (c. 42)
- 1Paragraph 1
- 2Paragraph 2
- Local Government Act 1972 (c. 70)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Local Government Act 1974 (c. 7)
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Representation of the People Act 1983 (c. 2)
- 16Paragraph 16
- 17Paragraph 17
- Local Government Act 1985 (c. 51)
- 18Paragraph 18
- 19Paragraph 19
- Local Government Finance Act 1988 (c. 41)
- 20Paragraph 20
- 21Paragraph 21
- Local Government Act 2000 (c. 22)
- 22Paragraph 22
- 26Paragraph 26 Repealed
- 27Paragraph 27
- 29Paragraph 29
- Part 1: Old-style leader and cabinet executive
- Application of Part
- 1Paragraph 1
- Continued operation of existing executive
- 2Paragraph 2
- Change in form of executive
- 3Paragraph 3
- Failure to change form of executive: automatic change
- 4Paragraph 4
- Interpretation
- 5Paragraph 5
- Part 2: Mayor and council manager executive
- Application of Part
- 6Paragraph 6
- Continued operation of existing executive
- 7Paragraph 7
- Change in form of executive
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Failure to change form of executive: automatic change
- 11Paragraph 11
- Interpretation
- 12Paragraph 12
- Part 3: Other transitional provision
- 13Paragraph 13
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Public Health Acts Amendment Act 1907 (c. 53)
- 1Paragraph 1
- Public Health Act 1936 (c. 49)
- 2Paragraph 2
- Public Health (Control of Disease) Act 1984 (c. 22)
- 3Paragraph 3
- Police Reform Act 2002 (c. 30)
- Local Government, Planning and Land Act 1980 (c. 65)
- 1Paragraph 1
- Local Government Act 1999 (c. 27)
- 2Paragraph 2
- Local Government Act 2003 (c. 26)
- 3Paragraph 3
- Part 1: Part 1 of Local Government Act 1999
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Part 2: Other minor and consequential amendments
- Housing Associations Act 1985 (c. 69)
- Railways and Transport Safety Act 2003 (c. 20)
- 24Paragraph 24
- Local Government Act 2003 (c. 26)
- 25Paragraph 25
- Fire and Rescue Services Act 2004 (c. 21)
- 26Paragraph 26
- Public Audit (Wales) Act 2004 (c. 23)
- 27Paragraph 27 Repealed
- Amendment of references to the current name of the Commission Repealed
- Amendment of references to the old name of the Commission Repealed
- 2Paragraph 2 Repealed
- Repeal of provision in the Audit Commission Act 1998 (c. 18) relating to the previous change of name of the Commission Repealed
- 3Paragraph 3 Repealed
- Transfer of staff Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Property, rights and liabilities etc. Repealed
- 5Paragraph 5 Repealed
- Part 1: Amendments of Part 3 of Local Government Act 1974
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Part 2: Other amendments
- Parliamentary Commissioner Act 1967 (c. 13)
- 13Paragraph 13
- Local Government and Housing Act 1989 (c. 42)
- 14Paragraph 14
- Health Service Commissioners Act 1993 (c. 46)
- 15Paragraph 15
- Greater London Authority Act 1999 (c. 29)
- 16Paragraph 16
- Local Government Act 2000 (c. 22)
- Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
- 18Paragraph 18
- Part 1: Amendments of Local Government Act 1972 Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- 24Paragraph 24 Repealed
- Part 2: Other amendments Repealed
- Landlord and Tenant Act 1954 (c. 56) Repealed
- 25Paragraph 25 Repealed
- Trustee Investments Act 1961 (c. 62) Repealed
- 26Paragraph 26 Repealed
- Leasehold Reform Act 1967 (c. 88) Repealed
- 27Paragraph 27 Repealed
- Employers' Liability (Compulsory Insurance) Act 1969 (c. 57) Repealed
- 28Paragraph 28 Repealed
- Local Authorities (Goods and Services) Act 1970 (c. 39) Repealed
- 29Paragraph 29 Repealed
- Employment Agencies Act 1973 (c. 35) Repealed
- 30Paragraph 30 Repealed
- Local Government Act 1974 (c. 7) Repealed
- 31Paragraph 31 Repealed
- Health and Safety at Work etc Act 1974 (c. 37) Repealed
- 32Paragraph 32 Repealed
- Local Government (Miscellaneous Provisions) Act 1976 (c. 57) Repealed
- 33Paragraph 33 Repealed
- Rent (Agriculture) Act 1976 (c. 80) Repealed
- 34Paragraph 34 Repealed
- Rent Act 1977 (c. 42) Repealed
- 35Paragraph 35 Repealed
- Local Government, Planning and Land Act 1980 (c. 65) Repealed
- 36Paragraph 36 Repealed
- Acquisition of Land Act 1981 (c. 67) Repealed
- 37Paragraph 37 Repealed
- Local Government (Miscellaneous Provisions) Act 1982 (c. 30) Repealed
- 38Paragraph 38 Repealed
- Stock Transfer Act 1982 (c. 41) Repealed
- 39Paragraph 39 Repealed
- County Courts Act 1984 (c. 28) Repealed
- 40Paragraph 40 Repealed
- Housing Act 1985 (c. 68) Repealed
- 41Paragraph 41 Repealed
- Landlord and Tenant Act 1985 (c. 70) Repealed
- 42Paragraph 42 Repealed
- Local Government Act 1988 (c. 9) Repealed
- 43Paragraph 43 Repealed
- Housing Act 1988 (c. 50) Repealed
- 44Paragraph 44 Repealed
- Road Traffic Act 1988 (c. 52) Repealed
- 45Paragraph 45 Repealed
- Local Government and Housing Act 1989 (c. 42) Repealed
- 46Paragraph 46 Repealed
- 47Paragraph 47 Repealed
- 48Paragraph 48 Repealed
- Environmental Protection Act 1990 (c. 43) Repealed
- 49Paragraph 49 Repealed
- Local Government (Overseas Assistance) Act 1993 (c. 25) Repealed
- 50Paragraph 50 Repealed
- Housing Grants, Construction and Regeneration Act 1996 (c. 53) Repealed
- 51Paragraph 51 Repealed
- Audit Commission Act 1998 (c. 18) Repealed
- Local Government Act 1999 (c. 27) Repealed
- 53Paragraph 53 Repealed
- Freedom of Information Act 2000 (c. 36) Repealed
- 54Paragraph 54 Repealed
- Local Government Act 2003 (c. 26) Repealed
- 55Paragraph 55 Repealed
- Schedule 14: Consequential amendments relating to entities controlled etc by local authorities Not yet in force
- Prevention of Corruption Act 1916 (c. 64) Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 6Paragraph 6 Not yet in force
- Introduction
- 1Paragraph 1
- Establishment of the Tribunal
- 2Paragraph 2
- Schedule 11 to be divided into Parts
- 3Paragraph 3
- Retention of existing arrangements for Wales
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Amendment of provisions relating to England and to Wales
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- House of Commons Disqualification Act 1975 (c. 24)
- 1Paragraph 1
- Local Government Finance Act 1988 (c. 41)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Land Drainage Act 1991 (c. 59)
- 6Paragraph 6
- Local Government Finance Act 1992 (c. 14)
- 7Paragraph 7
- Tribunals and Inquiries Act 1992 (c. 53)
- 8Paragraph 8
- Finance Act 2003 (c. 14)
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Constitutional Reform Act 2005 (c. 4)
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 18: Repeals
- 16Entities controlled etc by local authorities Not yet in force