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Tuesday 6th March 2007

Public Bill Committee


      New Amendments handed in are marked thus *

      Other Amendments not tabled within the required notice period are marked thus #

Local Government and Public Involvement in Health Bill


Note

The Amendments have been arranged in accordance with the Order of the Committee [30th January].


Andrew Stunell
Tom Brake
Dr John Pugh

226

Clause 153, page 109, line 28, after ‘of’, insert ‘access to’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

197

Clause 153, page 109, line 34, at end insert ‘and to patients and the public’.

Andrew Stunell
Tom Brake
Dr John Pugh

227

Clause 153, page 109, line 34, at end insert—

        ‘(d) notifying relevant transport bodies of any problems or improvements in access to care services.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

198

Clause 153, page 109, line 35, leave out subsection (3).

Patrick Hall

182

Clause 153, page 109, line 36, leave out ‘or omitting any of’.

Patrick Hall

180

Clause 153, page 109, line 39, at end insert—

      ‘(4A) The Secretary of State shall make payments to each local authority that are in the opinion of the Secretary of State sufficient to cover the costs incurred by that local authority in making contractual arrangements specified under subsection (1).

      (4B) Nothing in this section shall prevent a local authority making contractual arrangements under subsection (1) so as to ensure that the activities specified in subsection (2) are carried on to a greater extent than would be the case if the arrangements were to cost no more than the payments made available under subsection (4A).

      (4C) The Secretary of State must send to the Comptroller and Auditor General within sixty days after the end of the financial year a statement showing the payments made to each local authority under subsection (4A) and the costs incurred by each local authority in making contractual arrangements under subsection (1).

      (4D) The Comptroller and Auditor General must examine, certify and report on the statement provided by the Secretary of State under subsection (4C) and must lay copies of the statement and of his report before Parliament.’.


Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

199

Clause 154, page 110, line 15, at end insert—

      ‘(2A) A local involvement network must consist of—

        (a) individual members;

        (b) representatives of organisations; and

        (c) mechanisms for participation of individuals in A’s area who are not members.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

201

Clause 154, page 110, line 17, at end insert ‘and who does not commission or provide local care services’.

Patrick Hall

183

Clause 154, page 110, line 17, at end insert—

      ‘( ) In making arrangements, A may select as H either the National Health Involvement Network or such other person who in the opinion of A is able to deliver such an arrangement under section 153(1) so that it meets the general duty as set out in section 3 of the Local Government Act 1999.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

200

Clause 154, page 110, line 17, at end insert—

      ‘(3A) In making the arrangements, H must invite all members of patients’ forums in A’s area to become individual members of the local involvement network.’.

Andrew Stunell
Tom Brake
Dr John Pugh

228

Clause 154, page 110, line 26, at end insert—

        ‘(h) any organisation providing local care services.’.

Patrick Hall

184

Clause 154, page 110, line 27, at end insert—

      ‘( ) The arrangements must provide that a local involvement network is provided with the staff, premises and resources that are necessary in the opinion of A for the local involvement network to carry on in A’s area activities specified in section 153(2).’.

Andrew Stunell
Tom Brake
Dr John Pugh

229

Clause 154, page 110, line 29, at end insert—

      ‘(7) No chair of an organisation listed under subsections (4)(d) to (4)(h) shall also be a leader of a Local Involvement Network.’.


Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

202

Clause 155, page 111, line 2, at end insert—

        ‘(f) any other organisation contracted to provide care services.’.

Andrew Stunell
Tom Brake
Dr John Pugh

230

Clause 155, page 111, line 2, at end insert—

        ‘(f) any care provider commissioned to deliver local services.’.


Patrick Hall

219

Clause 156, page 111, line 9, leave out ‘may’ and insert ‘shall’.

Andrew Stunell
Tom Brake
Dr John Pugh

231

Clause 156, page 111, line 10, after first ‘a’, insert ‘locally funded’.

Andrew Stunell
Tom Brake
Dr John Pugh

232

Clause 156, page 112, line 10, at end insert—

        ‘(f) any care provider commissioned to deliver local services.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

203

Clause 156, page 111, line 11, leave out ‘view’ and insert ‘inspect’.

Patrick Hall

220

Clause 156, page 111, leave out lines 15 to 19.

Patrick Hall

221

Clause 156, page 111, leave out lines 22 to 38.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

204

Clause 156, page 112, line 10, at end insert—

        ‘(f) any other organisation contracted to provide care services.’.


Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

205

Clause 157, page 112, line 13, leave out ‘social’.


Mr Phil Woolas

135

Clause 159, page 114, line 33, leave out from ‘council’ to ‘county’ in line 34 and insert ‘in England, other than a council for a district in a county for which there is a’.


Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

206

Clause 163, page 117, line 4, at end insert—

        ‘(e) any other organisation contracted to provide care services;’.

Andrew Stunell
Tom Brake
Dr John Pugh

223

Clause 163, page 117, line 9, after ‘representatives’, insert ‘which shall include Local Involvement Networks’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

207

Clause 163, page 117, line 11, leave out ‘significant’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

208

Clause 163, page 117, line 13, leave out ‘significant’.

Patrick Hall

222

Clause 163, page 117, line 14, at end insert—

      ‘(1BA) for the purposes of subsection (1B)(c) decisions affecting the operation of services shall include any decision that changes the organisation responsible for any of the services that are delivered.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

209

Clause 163, page 117, leave out lines 15 to 20.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

210

Clause 163, page 117, leave out lines 21 to 26.

Andrew Stunell
Tom Brake
Dr John Pugh

233

Clause 163, page 117, line 26, at end insert—

        ‘(c) the physical access and travel to those services by users.’.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

217

Clause 163, page 117, leave out lines 27 to 29.

Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

218

Clause 163, page 117, line 30, leave out ‘subsections (1B) to (1E)’ and insert ‘subsection (1B)’.


Andrew Stunell
Tom Brake
Dr John Pugh

234

Clause 164, page 118, line 10, at end insert—

        ‘(c) on any disagreements between the Trust and the Local Involvement Network or a Local Health Overview and Scrutiny Committee.’.


Andrew Stunell
Tom Brake
Dr John Pugh

212

Schedule 14, page 166, line 44, at end insert—

    Matter 12.6

Provision for and in connection with methods of election and electoral arrangements.’.


Andrew Stunell
Tom Brake
Dr John Pugh

178

Clause 166, page 118, line 36, leave out ‘senior executive member’ and insert ‘whole council’.

Andrew Stunell
Tom Brake
Dr John Pugh

179

Clause 166, page 118, line 36, after ‘arrangements’, insert ‘by majority resolution of the whole council’.


Mr Phil Woolas

213

Clause 167, page 119, line 32, leave out ‘100C’ and insert ‘100E’.

Mr Phil Woolas

214

Clause 167, page 119, line 33, leave out ‘100CA’ and insert ‘100EA’.

Mr Phil Woolas

215

Clause 167, page 120, line 5, leave out ‘100CA(2)’ and insert ‘100EA(2)’.

Mr Phil Woolas

216

Clause 167, page 120, line 5, at end insert—

      ‘( ) In section 41 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (evidence of resolutions and minutes of proceedings etc)—

        (a) in subsection (2A)(a), after “that authority,” insert “or a member of that executive”;

        (b) in subsection (2A)(b), after “as the case may be,” insert “by the member of that executive or”;

        (c) after subsection (2A) insert—

      “(2B) Subsection (2C) applies to a record if—

        (a) it records a decision made or action taken by a member of a local authority or of a precursor of a local authority in exercise of a function of the authority or precursor by virtue of arrangements made under section 166 of the Local Government and Public Involvement in Health Act 2007, and

        (b) it is required to be made by regulations under section 100EA of the Local Government Act 1972.

      (2C) If a document which purports to be a copy of a record to which this subsection applies bears a certificate—

        (a) purporting to be signed by—

          (i) the proper officer of the local authority, or

          (ii) a person authorised in that behalf by that officer or by the local authority, and

        (b) stating that the decision was made or the action was taken by the member of the local authority on the date specified in the certificate,

      the document shall be evidence in any proceedings of the matters stated in the certificate and of the terms of the decision, or nature of the action, in question.”’.


Mr Phil Woolas

235

Clause 169, page 121, line 36, at end insert—

        ‘(oa) an authority established by an order under section (implementation of proposals by order) of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);’.


NEW CLAUSES

Appointment of auditors

Mr Phil Woolas

NC11

    To move the following Clause:—

      ‘In section 3(6) of the Audit Commission Act 1998 (c. 18) (appointment of firm as auditor) for “each of its members” substitute “the appointment provides that the audit may be conducted only by a member or employee of the firm who”.’.


Inspection and disclosure of personal information

Mr Phil Woolas

NC12

    To move the following Clause:—

      ‘(1) Section 15 of the Audit Commission Act 1998 (c. 18) (inspection of documents and questions at audit) is amended as follows.

      (2) In subsection (3) for “about a member of the staff of the body whose accounts are being audited” substitute “within the meaning of subsection (3A) or (4)”.

      (3) After subsection (3) insert—

      “(3A) Information is personal information if—

        (a) it identifies a particular individual or enables a particular individual to be identified; and

        (b) the auditor considers that it should not be inspected or disclosed.”.

      (4) In subsection (4), for the words from the beginning to “if it” substitute “Information is personal information if it is information about a member of the staff of the body whose accounts are being audited which”.’.


Appointment of auditor to carry out agreed audits

Mr Phil Woolas

NC 13

    To move the following Clause:—

      ‘(1) Section 29 of the Audit Commission Act 1998 (c. 18) (agreed audit of accounts) is amended as follows.

      (2) In subsection (1), for “undertake the audit of” substitute “appoint an auditor to audit”.

      (3) After subsection (1) insert—

      “(1A) An auditor appointed under subsection (1) may be—

        (a) an officer of the Commission,

        (b) an individual who is not an officer of the Commission, or

        (c) a firm of individuals who are not officers of the Commission.”.

      (4) In subsection (2), after “the Commission” insert “, the auditor”.’.


Certain references to code of conduct to include default code

Mr Phil Woolas

NC17

    To move the following Clause:—

      ‘(1) In section 37 of the Local Government Act 2000 (c. 22) (local authority constitution), after subsection (3) insert—

      “(4) In relation to an authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1)(c) to the authority’s code of conduct for the time being under section 51 is to the mandatory provisions which for the time being apply to the members and co-opted members of the authority.”

      (2) In section 52 of that Act (duty to comply with code of conduct), after subsection (4) insert—

      “(5) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b)—

        (a) the references in subsections (2) to (4) to the authority’s code of conduct for the time being under section 51 include the mandatory provisions which for the time being apply to the members and co-opted members of the authority, and

        (b) the references in subsections (3) and (4) to any time after the authority have adopted a code of conduct under section 51 for the first time are to be read as references to any time after the coming into force of section (certain references to code of conduct to include default code) of the Local Government and Public Involvement in Health Act 2007.”

      (3) In section 54 of that Act (functions of standards committees), after subsection (3) insert—

      “(3A) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), references in subsection (1)(b) and (2)(b) and (c) to the authority’s code of conduct are to those mandatory provisions.”’.


Politically restricted posts: consequential amendments

Mr Phil Woolas

NC18

    To move the following Clause:—

      ‘(1) In section 2 of the Local Government and Housing Act 1989 (c. 42) (politically restricted posts)—

        (a) in subsections (1)(g) and (2) after “section 3” insert “or 3A”;

        (b) in subsection (5) after “local authority” insert “in Scotland and Wales”;

        (c) after subsection (5) insert—

      “(5A) It shall be the duty of every local authority in England in performing their duties under this section to have regard to such general advice as may be given by virtue of section 3B below by the Secretary of State.”

      (2) In the Greater London Authority Act 1999 (c. 29) —

        (a) in section 61(2)(a) (power to require attendance at Assembly meetings) for “to 3” substitute “, 2 and 3A”;

        (b) in section 68(1)(b) (disqualification and political restriction) for “and 3” substitute “and 3A”;

        (c) in section 70(7) (terms and conditions of employment) for “and 3” substitute “and 3A”.’.


Power to change date of local elections to date of European Parliamentary general election

Mr Phil Woolas

NC19

    To move the following Clause:—

      ‘(1) In section 37 of the Representation of the People Act 1983 (c. 2) (ordinary days of local elections in England and Wales), after subsection (2) insert—

      “(2A) Subsection (1) is subject to any order under—

        (a) section 37A (local government areas in England), or

        (b) section 37B (local government areas in Wales).”

      (2) After that section insert—

    37A Power to change date of local elections to date of European Parliamentary general election: England

      (1) The Secretary of State may by order provide that in a year in which a European Parliamentary general election is to be held—

        (a) the ordinary day of election of councillors for counties in England, districts and London boroughs,

        (b) the ordinary day of election of councillors for parishes, and

        (c) as respects Authority elections, the day on which the poll is to be held at an ordinary election,

      shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

      (2) An order under subsection (1) may make provision under all of paragraphs (a) to (c) or under one or more of those paragraphs.

      (3) The power under subsection (1) may only be exercised, on each occasion, in relation to a single year.

      (4) Before making an order under this section, the Secretary of State must consult—

        (a) the Electoral Commission, and

        (b) such other persons or bodies as he considers appropriate.

      (5) An order under subsection (1) may make incidental, supplementary or consequential provision or savings.

      (6) Where the Welsh Ministers make an order under section 37B, the Secretary of State may by order make such consequential provision in relation to elections in England as he thinks fit.

      (7) The powers under subsections (5) and (6) include power to make—

        (a) different provision for different purposes;

        (b) provision disapplying or modifying the application of an enactment or an instrument made under an enactment.

      (8) An order under this section must be made by statutory instrument.

      (9) A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

    37B Power to change date of local elections to date of European Parliamentary general election: Wales

      (1) The Welsh Ministers may by order provide that, in a year in which a European Parliamentary general election is to be held, the ordinary day of election of councillors for—

        (a) counties in Wales and county boroughs, and

        (b) communities,

      shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

      (2) An order under subsection (1) may make provision under paragraphs (a) and (b) or under one of those paragraphs.

      (3) The power under subsection (1) may only be exercised, on each occasion, in relation to a single year.

      (4) Before making an order under this section, the Welsh Ministers must consult—

        (a) the Electoral Commission, and

        (b) such other persons or bodies as they consider appropriate.

      (5) An order under subsection (1) may make incidental, supplementary or consequential provision or savings.

      (6) Where the Secretary of State makes an order under section 37A, the Welsh Ministers may by order make such consequential provision in relation to elections in Wales as they think fit.

      (7) The powers under subsections (5) and (6) include power to make—

        (a) different provision for different purposes;

        (b) provision disapplying or modifying the application of an enactment or an instrument made under an enactment.

      (8) An order under this section must be made by statutory instrument.

      (9) A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.”

      (3) In section 3 of the Greater London Authority Act 1999 (c. 29) (time of ordinary elections), in subsection (3), after “section 37(2)” insert “or 37A”.’.


 
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