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

back to previous amendments
 
  
Clause 15
 
  
BY THE LORD WHITTY
 
     Page 8, line 24, after ("appointment") insert ("by the authority") 
     Page 8, line 24, leave out ("ordinary") 
     Page 8, line 25, at end insert--
 
    ("(1A)  Executive arrangements by a local authority must ensure that their overview and scrutiny committee has power (or their overview and scrutiny committees have power between them)-")
 
     Page 8, line 26, after ("to") insert ("review or") 
     Page 8, line 26, after ("scrutinise") insert ("decisions made, or other action taken, in connection with") 
     Page 8, line 26, leave out ("the executive functions, and") and insert ("any functions which are the responsibility of the executive,
    (  )  to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are the responsibility of the executive,
    (  )  to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive,
    (  )  to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are not the responsibility of the executive,")
 
     Page 8, line 29, leave out from beginning to ("on") in line 31 
     Page 8, line 32, at end insert--
 
    ("(  )  The power of an overview and scrutiny committee under subsection (1A)(a) to review or scrutinise a decision made but not implemented includes power--
    (a)  to recommend that the decision be reconsidered by the person who made it, or
    (b)  to arrange for its function under subsection (1A)(a), so far as it relates to the decision, to be exercised by the authority.
    (  )  An overview and scrutiny committee of a local authority may not discharge any functions other than its functions under this section.
 
    (  )  An overview and scrutiny committee of a local authority--
    (a)  may appoint one or more sub-committees, and
    (b)  may arrange for the discharge of any of its functions by any such sub-committee.")
 
     Page 8, line 33, after ("authority") insert (", or a sub-committee of such a committee,") 
     Page 8, line 34, at end insert--
 
    ("(2A)  An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority, but (subject to subsection (2C)) any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting.
 
    (2B)  An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, which has functions in relation to any education function which is the responsibility of the executive must include persons appointed--
    (a)  to represent parent governors at maintained schools in the authority's area, and
    (b)  to represent persons who appoint foundation governors for voluntary schools in the authority's area.
    (2C)  Any person appointed to an overview and scrutiny committee or sub-committee by virtue of subsection (2B) is to be entitled to vote at any meeting of the committee or sub-committee on any question which relates to any education function mentioned in that subsection and which falls to be decided at the meeting.
 
    (2D)  An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated--
 
 
    (a)  as a committee or sub-committee of a principal council for the purposes of Part VA of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and
1972 c. 70.
 
    (b)  as a body to which section 15 of the Local Government and Housing Act (duty to allocate seats to political groups) applies.")
1989 c. 42.
     Page 8, line 41, leave out subsections (5) and (6) and insert--
 
    ("(  )  In this section--
 
 
    foundation governor" and "voluntary school" have the same meaning as in the Education Act 1996,
1996 c. 56.
 
    maintained school" and "parent governor" have the same meaning as in the School Standards and Framework Act 1998.")
1998 c. 31.
  
After Clause 15
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     (".--(1) The Secretary of State may by regulations make provision--
    (a)  with respect to the access of the public to meetings of executives or committees of executives (including provision enabling such meetings to take place in private),
    (b)  for or in connection with requiring written records to be kept of decisions made, or other action taken, by executives, or members or committees of executives, in connection with the discharge of functions which are the responsibility of executives,
    (c)  for or in connection with requiring written records falling within paragraph (b) to include reasons,
    (d)  for or in connection with requiring written records falling within paragraph (b) to be made available to the public,
    (e)  for or in connection with the creation of offences in respect of any rights or requirements created or imposed by the regulations.
Access to meetings and information etc.
     (2)  The provision which may be made by virtue of subsection (1) includes provision which applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972.
 
    (3)  Nothing in subsection (2) affects the generality of the power under subsection (1).")
1970 c. 70.
  
Schedule 1
 
  
BY THE LORD WHITTY
 
     Page 44, line 6, leave out ("under which the executive takes the form specified in section 10(2)") and insert ("which provide for a mayor and cabinet executive") 
     Page 44, line 11, leave out ("as his deputy") 
     Page 44, line 11, at end insert ("to be the deputy mayor of the executive") 
     Page 44, line 11, at end insert--
 
    ("(4)  Subject to sub-paragraph (5), the deputy mayor of the executive, unless he ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
 
    (5)  The elected mayor may, if he thinks fit, remove the deputy mayor of the executive from office.
 
    (6)  Where a vacancy occurs in the office of deputy mayor of the executive, the elected mayor must appoint another person in his place.
 
    (7)  If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor of the executive must act in his place.
 
    (8)  If for any reason--
    (a)  the elected mayor is unable to act or the office of elected mayor is vacant, and
    (b)  the deputy mayor of the executive is unable to act or the office of deputy mayor of the executive is vacant,
the executive must act in the elected mayor's place or must arrange for a member of the executive or the authority to act in his place.")
 
     Page 44, line 14, leave out ("under which the executive takes the form specified in section 10(3)") and insert ("which provide for a leader and cabinet executive") 
     Page 44, line 23, leave out ("under which the executive takes the form specified in section 10(4)") and insert ("which provide for a mayor and council manager executive") 
     Page 44, line 25, leave out ("as his deputy") 
     Page 44, line 25, leave out ("who is neither") and insert ("to be the deputy mayor of the executive.
 
    (2A)  The deputy mayor of the executive may not be-")
 
     Page 44, line 26, after ("vice-chairman") insert ("of the authority") 
     Page 44, line 27, at end insert--
 
    ("(2B)  Subject to sub-paragraph (2C), the deputy mayor of the executive, unless he ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
 
    (2C)  The elected mayor may, if he thinks fit, remove the deputy mayor of the executive from office.
 
    (2D)  Where a vacancy occurs in the office of deputy mayor of the executive, the elected mayor must appoint another person in his place.
 
    (2E)  If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor of the executive must act in his place.
 
    (2F)  If for any reason--
    (a)  the elected mayor is unable to act or the office of elected mayor is vacant, and
    (b)  the deputy mayor of the executive is unable to act or the office of deputy mayor of the executive is vacant,
the council manager must act in the elected mayor's place.")
 
     Page 44, line 28, at beginning insert ("Subject to sub-paragraph (3A),") 
     Page 44, line 31, at end insert--
 
    ("(3A)  The council manager is entitled to attend, and speak at, meetings of an overview and scrutiny committee or sub-committee of the authority only if invited or required to do so by the committee or sub-committee.")
 
     Page 45, line 8, at end insert--
 
    ("5.--(1) The Secretary of State may by regulations make provision for or in connection with the appointment of a person (an "assistant") to provide assistance to an elected mayor.
 
    (2)  Regulations under this paragraph may include provision with respect to the terms and conditions of appointment of an assistant.
 
    (3)  Nothing in sub-paragraph (2) affects the generality of the power under sub-paragraph (1).
 
    (4)  In this paragraph "specified" means specified in regulations under this paragraph.")
 
  
Clause 18
 
  
BY THE LORD WHITTY
 
     Page 9, line 17, leave out (" 11(1)(b)") and insert (" 11(2)(b)") 
     Page 9, line 18, leave out ("subject of the executive arrangements") and insert ("responsibility of the executive") 
     Page 9, line 21, at end insert ("and
    (b)  must comply with any directions given by the Secretary of State." )
 
     Page 9, line 23, at beginning insert ("such") 
     Page 9, line 23, leave out from ("arrangements") to end of line 26 and insert ("as the Secretary of State may direct") 
     Page 9, line 30, leave out subsection (5) and insert--
 
    ("(5)  A copy of proposals under this section which is sent to the Secretary of State must be accompanied by a statement which describes--
    (a)  the steps which the authority took to consult local government electors, and other interested persons, in the authority's area, and
    (b)  the outcome of that consultation and the extent to which that outcome is reflected in the proposals.
    (6)  The Secretary of State may by order specify a date by which every local authority, or every local authority falling within any description of authority specified in the order, must comply with this section.")
 
  
After Clause 18
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     (".--(1) Where a local authority's proposals under section 18 do not involve a form of executive for which a referendum is required, the authority must implement the proposals in accordance with the timetable included in the proposals.
 
    (2)  Any reference in this Part to a form of executive for which a referendum is required is a reference to--
    (a)  a mayor and cabinet executive,
    (b)  a mayor and council manager executive, or
    (c)  a form of executive prescribed in regulations under section 10(5) which is expressed in those regulations to be a form of executive for which a referendum is required.")
Proposals not requiring referendum.
  
Clause 19
 
  
BY THE LORD WHITTY
 
     Page 9, line 32, leave out ("an") and insert ("a form of") 
     Page 9, line 33, leave out ("which includes an elected mayor") and insert ("for which a referendum is required") 
     Page 9, line 34, at end insert ("and
    (b)  must draw up and send to the Secretary of State an outline of the fall-back proposals (referred to in this section as outline fall-back proposals) that they intend to implement if the proposals under section 18 are rejected in a referendum.
    (1A)  Fall-back proposals are proposals--
    (a)  for the operation of executive arrangements which do not involve a form of executive for which a referendum is required, or
    (b)  for the operation of alternative arrangements (within the meaning of section (Alternative arrangements)).
    (1B)  In drawing up outline fall-back proposals, a local authority must take reasonable steps to consult local government electors, and other interested persons, in the authority's area.
 
    (1C)  Outline fall-back proposals must include a timetable with respect to the implementation of detailed fall-back proposals which are based on the outline fall-back proposals in the event that the proposals under section 18 are rejected in a referendum.
 
    (1D)  A local authority must send a copy of their outline fall-back proposals to the Secretary of State at the same time that a copy of the proposals under section 18 is sent to him.
 
    (1E)  A local authority may not hold a referendum under this section before the end of the period of two months beginning with the date on which a copy of the proposals under section 18 is sent to the Secretary of State.")
 
     Page 9, line 36, after first ("proposals") insert ("under section 18") 
     Page 9, line 40, leave out from beginning to end of line 18 on page 10 and insert ("under section 18, the authority--
    (a)  may not implement those proposals,
    (b)  must draw up detailed fall-back proposals which are based on the outline fall-back proposals, and
    (c)  must send a copy of the detailed fall-back proposals to the Secretary of State.
    (  )  In drawing up outline fall-back proposals or detailed fall-back proposals under this section, a local authority must comply with any directions given by the Secretary of State.
 
    (  )  Outline fall-back proposals and detailed fall-back proposals must include such details of the executive arrangements or alternative arrangements to which they relate as the Secretary of State may direct.
 
    (  )  Subsections (2)(b), (3)(a) and (4)(c) of section 18 are to apply to detailed fall-back proposals involving executive arrangements as they apply to proposals under that section.
 
    (  )  Subsections (3)(a) and (4)(c) of that section are to apply to detailed fall-back proposals involving alternative arrangements as they apply to proposals under that section.
 
    (  )  A local authority must implement detailed fall-back proposals in accordance with the timetable mentioned in subsection (1C).")
 
  
Clause 20
 
  
BY THE LORD WHITTY
 
     Page 10, line 35, at end insert ("and
          (v)  specifies the address of their principal office.")
 
  
Clause 21
 
  
BY THE LORD WHITTY
 
     Leave out Clause 21 and insert the following new Clause-- 
     (".--(1) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which is operating executive arrangements ("the existing arrangements") to operate executive arrangements ("the different arrangements") which differ from the existing arrangements in any respect.
 
    (2)  The provision which may be made by virtue of subsection (1) includes provision--
    (a)  which applies or reproduces (with or without modifications) any provisions of section 18, (Proposals not requiring referendum), 19 or 20,
    (b)  for or in connection with requiring the consent of an elected mayor under the existing arrangements to the operation of the different arrangements,
    (c)  with respect to changes to the existing arrangements as a result of changes to the functions which are the responsibility of an executive.
    (3)  Nothing in subsection (2) affects the generality of the power under subsection (1).")
Operation of different executive arrangements.
 
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