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Amendments to the Local Government Bill

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

Here you can browse the Marshalled List of Amendments to the Local Government Bill to be moved on Report in the House of Lords.

 The amendments have been marshalled in accordance with the instruction of 7th June 1999, as follows--  
 Clauses 1 and 29
Schedule 1
Clauses 30 to 33
Schedule 2
Clauses 34 to 35
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
1     Page 2, line 18, at end insert--
 
    ("(  )  No authority or body which budgets in any year to spend a sum not exceeding £500,000 or such higher sum as the Secretary of State may by order specify shall be regarded as a best value authority.")
 
  
Clause 3
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
2     Page 3, line 6, leave out ("and") 
3     Page 3, line 6, at end insert ("and fairness") 
4     Page 3, line 6, at end insert ("and sustainability") 
5     Page 3, line 6, at end insert--
 
    ("(  )  The duty arising under subsection (1) shall not apply to a best value authority when working in partnership with another public body unless that body is under a similar duty.")
 
6     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 LORD DIXON-SMITH
 
7     Page 3, line 31, leave out ("different") 
8     Page 3, line 31, at end insert (",  as appropriate, to those authorities that are responsible for the provision of the particular service") 
9     Page 3, line 32, leave out paragraphs (a) to (c) 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
10     Page 3, line 36, at end insert ("who shall include representatives of best value authorities") 
11     Page 3, line 41, leave out first ("and") 
12     Page 3, line 41, after ("effectiveness") insert ("and fairness") 
13     Page 3, line 41, after ("effectiveness") insert ("and sustainability") 
14     Page 3, line 43, at end insert--
 
    ("(  )  In specifying performance indicators, and in deciding whether to do so, the Secretary of State--
    (a)  shall aim to promote improvement of the way in which the functions of best value authorities are exercised, having regard to a combination of economy, efficiency, effectiveness and sustainability, and
    (b)  shall have regard to any recommendations made to him by the Audit Commission.")
 
  
BY THE LORD DIXON-SMITH
 
15     Page 4, line 2, at end insert ("subject to appeal to the Secretary of State") 
  
Clause 5
 
  
BY THE LORD DIXON-SMITH
 
16     Page 4, line 5, at end insert--
 
    ("(  )  Any additional costs falling on an authority as a consequence of this section shall be included as an addition to the authority's Standard Spending Assessment in the subsequent financial year.")
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
17     Page 4, line 10, at end insert--
 
    ("(  )  Nothing in such an order shall restrict the term of any contract let by an authority to perform any of its functions.")
 
  
Clause 10
 
  
BY THE LORD DIXON-SMITH
 
18     Page 8, line 25, at end insert ("and inform the authority concerned") 
  
Clause 11
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
19     Page 9, line 1, at beginning insert ("Subject to subsection (4A),") 
20     Page 9, line 2, leave out ("three") and insert ("28") 
21     Page 9, line 4, at end insert--
 
    ("(4A)  If it appears to the Secretary of State that it is desirable in the public interest that shorter notice is given than is provided for by subsection (4) and he has so notified the best value authority in question, an inspector may give not less than three clear days' notice of any requirement under this section.")
 
  
After Clause 13
 
  
BY THE LORD WHITTY
 
22     Insert the following new Clause-- 
     ("  .--(1)  The following shall be substituted for section 139A(1) and (2) of the Social Security Administration Act 1992 (reports on administration of housing benefit and council tax benefit)--
    (1)  The Secretary of State may authorise persons to consider and report to him on the administration by authorities of housing benefit and council tax benefit.
    (2)  The Secretary of State may ask persons authorised under subsection (1) to consider in particular--
      (a)  authorities' performance in the prevention and detection of fraud relating to housing benefit and council tax benefit;
      (b)  authorities' compliance with the requirements of Part I of the Local Government Act 1999 (best value).
        (2A)  A person may be authorised under subsection (1)--
      (a)  on such terms and for such period as the Secretary of State thinks fit;
      (b)  to act generally or in relation to a specified authority or authorities;
      (c)  to report on administration generally or on specified matters."
    (2)  In section 139C(1) of that Act (reports) for the words from "in particular" to the end there shall be substituted "in particular--
      (a)  in the prevention and detection of fraud relating to benefit, or
      (b)  for the purposes of complying with the requirements of Part I of the Local Government Act 1999 (best value)."")
Inspections: housing benefit and council tax benefit.
1992 c. 5.
  
Clause 14
 
  
BY THE LORD WHITTY
 
23     Page 10, line 16, leave out paragraph (d) 
24     Page 10, line 25, at end insert--
 
    ("(  )  Where this section applies in relation to an authority the Secretary of State may direct the authority to take any action which he considers necessary or expedient to secure its compliance with the requirements of this Part.")
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
25     Page 10, line 26, leave out subsection (5) 
  
BY THE LORD WHITTY
 
26     Page 10, line 35, at end insert--
 
    ("(5A)  The Secretary of State may by regulations make provision which--
    (a)  relates to an enactment which confers a function on him in respect of a function of a best value authority, and
    (b)  he considers necessary or expedient for the purposes of cases in which he makes a direction under subsection (5)(a).
    (5B)  Regulations under subsection (5A) may, in relation to the cases mentioned in subsection (5A)(b)--
    (a)  disapply or modify an enactment of the kind mentioned in subsection (5A)(a);
    (b)  have an effect similar to the effect of an enactment of that kind.")
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
27     Page 11, line 2, at end insert--
 
    ("(  )  For the purposes of subsection (8), "urgent" means danger of substantial harm or substantial financial loss to prevent which the Secretary of State considers immediate intervention is required.")
 
  
Clause 15
 
  
BY THE LORD DIXON-SMITH
 
28     Page 11, line 13, after ("enactment") insert ("made before the passage of this Act") 
29     Page 11, line 29, at end insert--
 
    ("(  )  This section shall cease to have effect on 1st April 2005 unless previously extended by order approved by both Houses of Parliament.")
 
  
Clause 26
 
  
BY THE LORD WHITTY
 
30     Page 16, line 23, leave out subsections (2) and (3) and insert--
 
    ("(2)  The Secretary of State may by order provide for--
    (a)  any of sections 1 to 13, 14, 18, 19, 21, 22, 24 and 25 to be brought into force in relation to England before the time appointed by subsection (1);
    (b)  any of those sections, in so far as it relates to an authority falling within section 1(1)(d) or (e), to be brought into force in relation to Wales before that time;
    (c)  any of sections (Inspections: housing benefit and council tax benefit), 15 to 17 and 23 to be brought into force before that time.
    (3)  The National Assembly for Wales may by order provide for any of the sections mentioned in subsection (2)(a), except in so far as it relates to an authority falling within section 1(1)(d) or (e), to be brought into force in relation to Wales before the time appointed by subsection (1).")
 
  
Clause 27
 
  
BY THE LORD WHITTY
 
31     Page 16, line 35, at end insert ("14 or") 
  
Clause 28
 
  
BY THE BARONESS HAMWEE
THE LORD THOMAS OF GRESFORD
 
32     Page 17, line 1, after ("2(6),") insert ("15(4),") 
  
BY THE LORD WHITTY
 
33     Page 17, line 4, leave out ("sections 15 to 17 or section 26") and insert ("any of sections (Inspections: housing benefit and council tax benefit), 15 to 17, 23 and 26") 
  
BY THE BARONESS HAMWEE
THE LORD THOMAS OF GRESFORD
 
34     Page 17, line 4, leave out ("sections 15 to 17") and insert ("section 17") 
  
BY THE LORD WHITTY
 
35     Page 17, line 10, at end insert--
 
    ("(  )  Section 14(5A)(a) shall apply to Wales as if the reference to a function conferred on the Secretary of State were a reference to a function conferred on the National Assembly for Wales or the Secretary of State; but the Assembly may not make regulations under section 14(5A) which relate to a function conferred on the Secretary of State without his approval.")
 
  
BY THE BARONESS HAMWEE
THE LORD THOMAS OF GRESFORD
 
36     Page 17, line 10, at end insert--
 
    ("(  )  Subject to subsections (1) and (2) above, in its application to Wales, section 16 shall have effect with these modifications--
    (a)  for the words "lay before each House of Parliament" in subsection (2) there shall be substituted the word "publish";
    (b)  for subsection (3) there shall be substituted--
 
 
    (3)  Where a document relating to proposals is published under subsection (2), no order under section 15 to give effect to the proposals (with or without modification) shall be approved by resolution of the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was published.";
 
 
    (c)  for the words "Parliament" and "either House" in subsection (4) there shall be substituted the words "the National Assembly for Wales";
    (d)  the words "In preparing a draft order under section 15" in subsection (5) shall be omitted;
    (e)  for the words "A draft order laid before Parliament in accordance with section 15(4) must be" in subsection (6) there shall be substituted "An order under section 15 shall not be approved by resolution of the National Assembly for Wales unless it is";
    (f)  for the words "laid before Parliament" in subsection (6)(b) there shall be substituted the word "published".")
 
  
Clause 29
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
37     Page 17, line 16, at end insert--
 
    ("(2A)  Schedule 1 shall cease to have effect on 1st April 2005 unless previously extended by order made by statutory instrument and laid in draft before, and approved by resolution of both Houses of Parliament.
 
    (2B)  An order laid under subsection (2A) shall not apply for a period exceeding five years.
 
    (2C)  If an order laid pursuant to subsection (2A) is approved, Schedule 1 shall cease to have effect on the date specified in the order subject to any subsequent order or orders approved by both Houses of Parliament none of which shall extend its effect for more than five years.")
 
38     Leave out Clause 29 
  
Schedule 1
 
  
BY THE LORD DIXON-SMITH
 
39     Page 20, line 13, at end insert ("unless the authority has already received approval for its budget requirement from the local community by means of a referendum") 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
40     Leave out Schedule 1 
  
Clause 30
 
  
BY THE LORD DIXON-SMITH
 
41     Page 17, line 17, after ("applies") insert ("for the purpose of eliminating any liability of a billing authority as a consequence of the limitation of council tax benefit subsidy resulting from a decision taken by a precepting authority") 
 
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Prepared 17 June 1999