House of Lords portcullis
House of Lords
Session 1998-99
Publications on the internet
Other Bills before Parliament
Amendments to the Local Government Bill

Local Government Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Local Government Bill to be moved in Grand Committee in the House of Lords.

  
Clause 2
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Page 2, line 40, leave out subsection (5) 
  
Clause 3
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Page 3, line 6, leave out ("and") 
     Page 3, line 6, at end insert ("and equity") 
     Page 3, line 6, at end insert ("and sustainability") 
     Page 3, line 6, at end insert ("and ("such other matters as the Secretary of State may by order permit") 
     Page 3, line 6, at end insert--
 
    ("(  )  Before specifying matters which are to be permitted pursuant to subsection (1) the Secretary of State shall consult such persons as he thinks fit.")
 
     Page 3, line 16, at end insert (", and
    (  )  representatives of persons appearing to the authority to have an interest in any function which the authority exercises.")
 
     Page 3, line 19, at end insert--
 
    ("(  )  For the purposes of subsection (2) an authority shall not confine its consultations to representatives of formally constituted groups.")
 
  
Clause 4
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Page 3, line 33, leave out ("authorities") and insert ("categories of authority") 
     Page 3, line 36, after ("consult") insert ("the local Government Association and") 
     Page 3, line 36, after ("such") insert ("other") 
     Page 3, line 36, at end insert ("who shall include representatives of best value authorities.") 
     Page 3, line 41, at end insert--
    ("(  )  shall aim to enable each authority to set its own objectives in relation to the exercise of its functions, and")
 
     Page 4, line 3, leave out ("must") and insert ("shall substantially") 
     Page 4, line 3, leave out ("must") and insert ("shall so far as it is reasonably able") 
  
Clause 5
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Page 4, line 11, leave out ("authorities") and insert ("categories of authority") 
     Page 4, line 12, leave out paragraph (c) 
     Page 4, line 15, leave out ("and") 
     Page 4, line 16, after ("effectiveness") insert ("and equity,") 
     Page 4, line 19, leave out from ("may") to end of line 21 and insert ("issue guidance as to matters for inclusion by authority in reviewing a function under this section; and in particular guidance may guide an authority") 
     Page 4, line 32, at end insert ("and by the voluntary sector") 
     Page 4, line 34, after ("businesses") insert ("and the voluntary sector") 
     Page 5, line 1, at end insert--
 
("and such guidance may make different provision for different categories of authority.")
 
     Page 5, line 11, at end insert--
 
    ("(  )  Before issuing guidance under this section the Secretary of State shall consult representatives of best value authorities.")
 
  
Clause 6
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Page 6, line 5, at end insert ("and the extent to which an authority's duties under this section may be met by its compliance with any other enactment") 
  
Clause 10
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Page 8, line 33, at end insert (", and
    (c)  any review conducted pursuant to section 5 and any plan prepared pursuant to section 6 by the best value authority concerned.")
 
  
Clause 11
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Page 9, line 7, leave out ("three clear") and insert ("ten clear working") 
     Page 9, line 9, at end insert--
 
    ("(  )  For the purposes of this section a working day is as defined in section 9(7).")
 
     Page 9, line 10, leave out subsection (5) 
  
Clause 14
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Page 10, line 41, after ("concerned") insert (", and such persons appearing to him to represent best value authorities as he considers appropriate,") 
     Page 11, line 14, at end insert ("and shall give the authority concerned an opportunity to make representations about the direction within a reasonable period thereafter") 
  
Clause 15
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Page 11, line 21, at end insert--
 
    ("(  )  If the Secretary of State thinks that an enactment prevents best value authorities from generating income directly related to the exercise of their functions he may, by order, make provision modifying or excluding the application of the enactment in relation to those authorities.")
 
     Page 11, line 30, at end insert--
 
    ("(  )  No order under this section may make different provision for different authorities which are in the same category.")
 
  
Clause 20
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Page 13, line 11, leave out ("2nd") and insert ("1st") 
  
After Clause 29
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
     Insert the following new Clause-- 
     ("  .  Section 29 and Schedule 1 shall cease to have effect on 31st March 2005.")Repeal of
section 29 and
Schedule 1.
  
Schedule 1
 
  
BY THE LORD WHITTY
 
     Page 24, line 47, after ("Act") insert ("or for item P2") 
     Page 24, line 49, leave out from beginning to end of line 5 on page 25 and insert--
 
    ("(7)  For the purposes of subsection (5) above the authority may treat any amount determined in the previous calculations for item P in section 44(1) above as increased by the amount of any sum which--
    (a)  it estimates will be payable to it for the year in respect of additional grant, and
    (b)  was not taken into account by it in making those calculations.
    (7A)  For the purposes of subsection (6) above the authority may treat any amount determined in the previous calculations--
    (a)  for item P1 in section 73(2) of the Greater London Authority Act 1999, or
    (b)  for item P2 in section 74(4) of that Act,
as increased by the relevant portion of any new additional grant.
 
    (7B)  For the purposes of subsection (7A) above, "the relevant portion of any new additional grant" means the amount of any additional grant payable to the authority for the year which was not taken into account by the authority in making the previous calculations, but--
    (a)  in the case of item P1, reduced, as may be prescribed, by such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part, and
    (b)  in the case of item P2, restricted, as may be prescribed, to such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part;
and "special item" has the same meaning in this subsection as in sections 73 and 74 of the Greater London Authority Act 1999 (see section 74(2) of that Act).
 
    (7C)  In subsection (7B) above, "prescribed" means specified in, or determined in accordance with, either--
    (a)  the report under section 85 of the Local Government Finance Act 1988 relating to the amount of additional grant in question, or
    (b)  regulations made by the Secretary of State under section 73(3)(b) of the Greater London Authority Act 1999 (in relation to item P1) or under section 74(5)(b) of that Act (in relation to item P2),
as the Secretary of State may determine for the purposes of paragraph (a) or (b) of subsection (7B) and any particular financial year or years.")
 
     Page 31, line 42, after ("Act") insert ("or for item P2") 
     Page 31, line 44, leave out from beginning to end of line 1 on page 32 and insert--
 
    ("(9)  For the purposes of subsection (7) above the authority may treat any amount determined in the previous calculations for item P in section 44(1) above as increased by the amount of any sum which--
    (a)  it estimates will be payable to it for the year in respect of additional grant, and
    (b)  was not taken into account by it in making those calculations.
    (9A)  For the purposes of subsection (8) above the authority may treat any amount determined in the previous calculations--
    (a)  for item P1 in section 73(2) of the Greater London Authority Act 1999, or
    (b)  for item P2 in section 74(4) of that Act,
as increased by the relevant portion of any new additional grant.
 
    (9B)  For the purposes of subsection (9A) above, "the relevant portion of any new additional grant" means the amount of any additional grant payable to the authority for the year which was not taken into account by the authority in making the previous calculations, but--
    (a)  in the case of item P1, reduced, as may be prescribed, by such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part, and
    (b)  in the case of item P2, restricted, as may be prescribed, to such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part;
and "special item" has the same meaning in this subsection as in sections 73 and 74 of the Greater London Authority Act 1999 (see section 74(2) of that Act).
 
    (9C)  In subsection (9B) above, "prescribed" means specified in, or determined in accordance with, either--
    (a)  the report under section 85 of the Local Government Finance Act 1988 relating to the amount of additional grant in question, or
    (b)  regulations made by the Secretary of State under section 73(3)(b) of the Greater London Authority Act 1999 (in relation to item P1) or under section 74(5)(b) of that Act (in relation to item P2),
as the Secretary of State may determine for the purposes of paragraph (a) or (b) of subsection (9B) and any particular financial year or years.")
 
  
Clause 30
 
  
BY THE LORD WHITTY
 
     Page 18, line 31, leave out ("60(8)") and insert ("70(8)") 
  
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 5 May 1999