The Local Government and Public Involvement in Health Act 2007 (Commencement No.2 and Savings) Order 2008

• Citation: S.I. 2008/172
• Sections: 9

Section 1 Citation and interpretation

(1) This Order may be cited as the Local Government and Public Involvement in Health Act 2007 (Commencement No.2 and Savings) Order 2008.

(2) In this Order—

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

“the 2000 Act ” means the Local Government Act 2000 ;

Section 2 Provisions coming into force on 31st January 2008 and savings

(1) The following provisions of the Act shall come into force on 31st January 2008—

(a) section 149 (interaction of the Audit Commission with other authorities) and Schedule 11 (interaction with other authorities);

(b) section 151 (powers of auditors and inspectors to obtain information);

(c) section 153 (national studies);

(d) section 154 (studies at request of particular bodies);

(e) section 155 (registered social landlords);

(f) section 164 (disclosure of information obtained by the Audit Commission or an auditor);

(g) section 166 (registered social landlords in Wales);

(h) section 167 (disclosure of information obtained by the Audit Commission or an auditor);

(i) section 184 (certain references to code of conduct to include default code);

(j) section 188 (sub-committees of standards committees);

(k) section 189 (joint committees of relevant authorities in England);

(l) section 190 (Standards Board for England: functions);

(m) section 192 (ethical standards officers: reports etc ) with the exception of subsection (7);

(n) section 193 (disclosure by monitoring officers of ethical standards officers’ reports);

(o) section 194 (matters referred to monitoring officers);

(p) section 195 (references to Adjudication Panel for action in respect of misconduct);

(q) section 204 (political assistants’ pay);

(r) section 225 (duties of services-providers to allow entry by local involvement networks);

(s) section 229 (sections 221 to 228: interpretation and supplementary);

(t) section 238 (amendments relating to capital finance and accounting practices);

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

(i) the provisions specified in Parts 10, 11, 12 and 13 of Schedule 18;

(ii) subject to paragraph (2) so much of Part 15 of Schedule 18 as relates to sections 54A(2), 55 and 62(1) of, and Schedule 4 to, the 2000 Act; and

(iii) in relation to Wales only, so much of Part 15 of Schedule 18 as relates to section 52 of the 2000 Act.

(2) Sections 54A(2), 55 and 62(1) of, and Schedule 4 to, the 2000 Act shall continue to apply to any case referred to the Standards Board for England before 1st April 2008 as if—

(a) so much of paragraph 1(j) of this article as brings into force subsections 1(a) and 2(a), (b), (h), (i) and (j) of section 188 of the Act,

(b) so much of paragraph 1(l) of this article as brings into force subsection (2)(a) of section 190 of the Act,

(c) paragraph (1)(u)(ii) of this article, and

(d) article 7(1),

were not included in this Order.

Section 3 Provisions coming into force on 31st March 2008

Section 148 (Benefit Fraud Inspectorate: transfers to the Audit Commission) and Schedule 10 (Benefit Fraud Inspectorate: transfer schemes) shall come into force on 31st March 2008.

Section 4 Provisions coming into force on 1st April 2008

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

(a) section 146 (change of name) and Schedule 9 (consequential amendments relating to change of name of the Audit Commission);

(b) section 147 (powers of the Audit Commission relating to benefits);

(c) section 150 (interaction of benefits inspectors with the Audit Commission);

(d) section 152 (inspections of best value authorities);

(e) section 156 (information about performance standards of local authorities);

(f) section 157 (reports on English local authorities);

(g) sections 159 to 163 (amendment of provisions relating to audit in the Audit Commission Act 1998 );

(h) section 165 (publication of information by the Audit Commission);

(i) section 187 (chairmen of standards committees);

(j) section 196 (consultation with ombudsmen);

(k) section 200 (exemption from Data Protection Act 1998);

(l) section 201 (supplementary and consequential provision);

(m) section 203 (politically restricted posts: consequential amendments);

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

(i) the provisions specified in Part 9 of Schedule 18; and

(ii) so much of Part 15 of Schedule 18 to the Act as relates to section 3(8)(a) of the Local Government and Housing Act 1989 .

Section 5 Partial commencement of section 183

(1) The following provisions of section 183 of the Act (conduct that may be covered by code) shall come into force on 31st January 2008—

(a) subsection (1) in so far as it inserts subsections (2C) and (2D) into section 49 of the 2000 Act;

(b) subsection (2) in so far as it inserts subsections (4C), (4D) and (4E) into section 50 of the 2000 Act;

(c) subsection (3) in so far as it inserts subsection (4C) into section 51 of the 2000 Act; and

(d) subsections (7) to (11).

(2) Subsections (4) to (6) of section 183 of the Act shall come into force in relation to Wales only, on 31st January 2008.

Section 6 Partial commencement of section 185

Section 185 of the Act (assessment of allegations) shall come into force on 31st January 2008 in so far as it confers powers to make regulations under sections 57C and 57D of the 2000 Act.

Section 7 Commencement of section 191 with savings

(1) Subsection (3) of section 191 of the Act (ethical standards officers: investigations and findings) shall come into force on 31st January 2008.

(2) Except as mentioned in paragraph (1) section 191 of the Act shall come into force on 1st April 2008, in relation to any case referred to the Standards Board for England under section 58 of the 2000 Act on or after 1st April 2008.

(3) Section 59 of the 2000 Act shall continue to apply in relation to any case referred to the Standards Board for England as if the amendment made by section 191(1) of the Act had not been made.

Section 8 Partial commencement of section 198

Section 198 of the Act (case tribunals: England) shall come into force on 31st January 2008 in so far as it confers powers to make regulations under subsections (4) or (7) of section 78A of the 2000 Act.

Section 9 Commencement of section 202

(1) Subsection (1) of section 202 of the Act (politically restricted posts: grant and supervision of exemptions) shall come into force on 1st April 2008.

(2) Subsection (2) of that section shall come into force on 31st January 2008 in so far as it confers power to make regulations under subsection (8) of section 3A the Local Government and Housing Act 1989 and inserts section 3B of that Act.

(3) Section 202(2) shall come into force for all other purposes on 1st April 2008.