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Amendments to the Local Government Bill [H.L.]

Local Government Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Local Government Bill [H.L.] to be moved in Committee in the House of Lords.

  
Clause 9
 
  
BY THE LORD WHITTY
 
     Page 5, line 6, leave out from ("authority") to end of line 7 and insert ("and
    (b)  under which certain functions of the authority are the responsibility of the executive.
    (2)  Executive arrangements by a local authority must conform with any provisions made by or under this Part which relate to such arrangements.")
 
  
Clause 10
 
  
BY THE LORD WHITTY
 
     Page 5, line 14, at end insert--
 
    ("Such an executive is referred to in this Part as a mayor and cabinet executive.")
 
     Page 5, line 21, at end insert--
 
    ("Such an executive is referred to in this Part as a leader and cabinet executive.")
 
     Page 5, line 25, at end insert--
 
    ("Such an executive is referred to in this Part as a mayor and council manager executive.")
 
     Page 5, line 38, leave out ("local authority executive which takes the form specified in subsection (2) or (3)") and insert ("mayor and cabinet executive or a leader and cabinet executive") 
     Page 5, line 43, at end insert-- 
     ("(10)  Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under subsection (3)(a) or appointing councillors or an officer to the executive under subsection (3)(b)(ii) or (4)(b).")1972 c. 70.
  
Clause 11
 
  
BY THE LORD WHITTY
 
     Leave out Clause 11 and insert the following new Clause-- 
     (".--(1) This section has effect for the purposes of determining the functions of a local authority which are the responsibility of an executive of the authority under executive arrangements.
 
    (2)  The Secretary of State may by regulations make provision for any function of a local authority specified in the regulations--
    (a)  to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,
    (b)  to be a function which may be the responsibility of such an executive under such arrangements, or
    (c)  to be a function which--
          (i)  to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and
          (ii)  to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.
    (3)  Any functions of a local authority which are not specified in regulations under subsection (2) are to be the responsibility of an executive of the authority under executive arrangements.
 
    (4)  Executive arrangements may make provision for any function of a local authority falling within subsection (2)(b)--
    (a)  to be a function which is to be the responsibility of an executive of the authority, or
    (b)  to be a function which--
          (i)  to the extent provided by the arrangements is to be the responsibility of such an executive, and
          (ii)  to the extent provided by the arrangements is not to be the responsibility of such an executive.
    (5)  The power under subsection (2)(c) or (4)(b) includes power in relation to any function of a local authority--
    (a)  to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and
    (b)  to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.
    (6)  The Secretary of State may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.
Functions which are the responsibility of an executive.
     (7)  A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the Local Government Act 1972, or any provision of that section, does not apply to that function.
 
    (8)  Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of this section, the responsibility of the executive under such arrangements.
 
    (9)  Any function which is the responsibility of an executive of a local authority under executive arrangements--
    (a)  is to be regarded as exercisable by the executive on behalf of the authority, and
    (b)  is to be discharged in accordance with any provisions made by or under this Part which relate to the discharge of any such function.
    (10)  Any function which is the responsibility of an executive of a local authority under executive arrangements--
    (a)  may not be discharged by the authority,
1972 c. 70.
 
    (b)  is not to be a function to which section 101(1) of the Local Government Act 1972 applies, and
    (c)  may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section (Joint exercise of functions).
    (11)  Subject to any provision made under subsection (12), any function which, under executive arrangements, is not the responsibility of an executive of a local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.
1972 c. 70.
     (12)  The Secretary of State may by regulations make provision with respect to the discharge of any function which, under executive arrangements, is not the responsibility of an executive of a local authority (including provision disapplying section 101 of the Local Government Act 1972 or any provision of that section).
 
    (13)  In this section--
    action" in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving--
          (a)  the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
          (b)  the doing of anything incidental or conducive to the discharge of the function, or
          (c)  the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b),
    function" means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.")
1972 c. 70.
  
Clause 12
 
  
BY THE LORD WHITTY
 
     Page 6, leave out lines 23 to 30 and insert--
 
    ("(1)  Subject to any provision made under section (Discharge of functions by area committees), (Discharge of functions of and by another local authority) or (Joint exercise of functions), any functions which, under executive arrangements, are the responsibility of a mayor and cabinet executive are to be discharged in accordance with this section.
 
    (2)  The elected mayor--
    (a)  may discharge any of those functions, or
    (b)  may arrange for the discharge of any of those functions-")
 
     Page 6, line 32, leave out ("single") 
     Page 6, line 35, leave out ("executive") 
     Page 6, line 41, leave out ("executive") 
     Page 6, line 42, leave out ("single") 
     Page 6, line 43, leave out ("the single") and insert ("that") 
     Page 7, line 1, leave out ("executive") 
     Page 7, line 6, leave out ("single") 
     Page 7, line 6, leave out second ("executive") 
     Page 7, line 7, leave out ("single") 
     Page 7, line 8, leave out ("single") 
  
Clause 13
 
  
BY THE LORD WHITTY
 
     Page 7, leave out lines 10 to 19 and insert--
 
    (".--(1) Subject to any provision made under section (Discharge of functions by area committees), (Discharge of functions of and by another local authority) or (Joint exercise of functions), any functions which, under executive arrangements, are the responsibility of a leader and cabinet executive are to be discharged in accordance with this section.
 
    (2)  The executive arrangements may make provision with respect to the allocation of any functions which are the responsibility of the executive among the following persons--
    (a)  the executive,
    (b)  any members of the executive,
    (c)  any committees of the executive, and
    (d)  any officers of the authority.
    (3)  If the executive arrangements make such provision as is mentioned in subsection (2), any person to whom a function is allocated in accordance with that provision may discharge the function.
 
    (4)  If or to the extent that the functions which are the responsibility of the executive are not allocated in accordance with such provision as is mentioned in subsection (2), the executive leader--
    (a)  may discharge any of those functions, or
    (b)  may arrange for the discharge of any of those functions-")
 
     Page 7, line 21, leave out ("single") 
     Page 7, line 24, leave out subsection (4) 
     Page 7, line 30, leave out ("executive") 
     Page 7, line 30, leave out ("or are required to be") 
     Page 7, line 35, leave out ("executive") 
     Page 7, line 35, leave out ("or are required to be") 
     Page 7, line 36, leave out ("single") 
     Page 7, line 37, leave out ("the single") and insert ("that") 
     Page 7, line 39, leave out ("executive") 
     Page 7, line 39, leave out ("or are required to be") 
     Page 7, line 42, at end insert--
 
    ("(  )  Where the executive leader makes any arrangements under subsection (4)(b)(i), (ii) or (iii), he may direct, at that or any subsequent time, that subsection (5), (6) or (7) (as the case may be) is not to apply to any of the functions which are the subject of those arrangements or is not to apply to any of those functions in such cases or circumstances as he may direct.")
 
     Page 7, line 44, leave out ("single") 
     Page 7, line 45, leave out ("single") 
     Page 8, line 1, leave out ("single") 
     Page 8, line 3, leave out subsection (9) and insert--
 
    ("(  )  The reference in subsection (2)(b) to the members of the executive includes a reference to the executive leader, and subsection (6) in its application for the purposes of subsection (2)(b) is to be construed accordingly.")
 
  
Clause 14
 
  
BY THE LORD WHITTY
 
     Page 8, leave out lines 5 to 12 and insert--
 
    ("(1)  Subject to any provision made under section (Discharge of functions by area committees), (Discharge of functions of and by another local authority) or (Joint exercise of functions), the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.
 
    (2)  The executive--
    (a)  may discharge any of those functions, or
    (b)  may arrange for the discharge of any of those functions-")
 
     Page 8, line 15, leave out ("executive") 
     Page 8, line 20, leave out ("executive") 
  
After Clause 14
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     (".--(1) The Secretary of State may by regulations make provision with respect to the ways in which any functions which, under executive arrangements, are the responsibility of an executive which takes a form prescribed in regulations under section 10(5) are to be discharged.
 
    (2)  The provision which may be made by regulations under this section includes provision which applies or reproduces (with or without modifications) any provisions of section 12, 13 or 14.
 
    (3)  Nothing in subsection (2) affects the generality of the power under subsection (1).
 
    (4)  Any provision made by regulations under this section is subject to any provision made under section (Discharge of functions by area committees), (Discharge of functions of and by another local authority) or (Joint exercise of functions).")
Discharge of functions: s. 10(5) executive.
     Insert the following new Clause-- 
     (".--(1) The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive by an area committee of that authority.
 
    (2)  Regulations under this section may impose limitations or restrictions on the arrangements which may be made by virtue of the regulations (including limitations or restrictions on the functions which may be the subject of such arrangements).
 
    (3)  In this section--
    area committee", in relation to a local authority, means a committee of the authority which has functions in respect of part of the area of the authority and which satisfies such other conditions as may be specified,
    specified" means specified in regulations under this section.")
Discharge of functions by area committees.
     Insert the following new Clause-- 
     (".--(1) The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority (within the meaning of this Part), or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive--Discharge of functions of and by another local authority.
 
    (a)  by another local authority (within the meaning of section 101 of the Local Government Act 1972), or
    (b)  by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.
    (2)  The Secretary of State may by regulations make provision for or in connection with enabling a local authority (within the meaning of section 101 of that Act) to arrange for the discharge of any of their functions by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.
 
    (3)  The reference in subsection (2) to the functions of a local authority, in a case where the authority is operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority's executive.
 
    (4)  Regulations under subsection (1) or (2) may include provision--
    (a)  requiring, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, the approval of the authority to such arrangements,
    (b)  which, in the case of arrangements for the discharge of any functions by a local authority, enables any of those functions to be delegated,
    (c)  which, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, enables any of those functions to be delegated.
1972 c. 70.
     (5)  The provision which may be made under subsection (4)(b) includes provision which applies or reproduces (with or without modifications) any provisions of section 101(2) to (4) of the Local Government Act 1972.
 
    (6)  The provision which may be made under subsection (4)(c) includes provision which applies or reproduces (with or without modifications) any provisions of section 12(3) to (6), 13(5) to (9) or 14(3) and (4).
 
    (7)  Nothing in subsection (4), (5) or (6) affects the generality of the power under subsection (1) or (2).
 
    (8)  In this section "specified" means specified in regulations under this section.")
1972 c. 70.
     Insert the following new Clause-- 
     (".--(1) The Secretary of State may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.
 
    (2)  The provision which may be made under subsection (1) includes provision--
    (a)  as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,
    (b)  as to the circumstances in which--
          (i)  the authority, and
          (ii)  the executive or a committee or specified member of the executive,
 
 are both to be parties to the arrangements,Joint exercise of functions.
1972 c. 70.
 
    (c)  as to the circumstances in which any functions of the local authority under section 102(1)(b), (2) or (3) of the Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,
    (d)  as to the circumstances in which any functions of the local authority under section 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,
    (e)  as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,
    (f)  as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a specified member of the executive.
    (3)  Nothing in subsection (2) affects the generality of the power under subsection (1).
 
    (4)  In this section "specified" means specified in regulations under this section.")
1970 c. 70,
 
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