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

back to previous amendments
 
  
After Clause 21
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     (".--(1) The Secretary of State may by regulations specify arrangements by a local authority with respect to the discharge of their functions (referred to in this Part as alternative arrangements) which are arrangements of a type--
    (a)  which the Secretary of State considers are likely to ensure that decisions of the authority are taken in an efficient and accountable way, and
Alternative arrangements.
 
    (b)  which are not permitted by or under section 101 of the Local Government Act 1972 or sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989.
    (2)  The arrangements which may be specified by regulations under this section include--
    (a)  arrangements for the discharge of functions of a local authority by individual members of the authority or by individual members of any committee or sub-committee of the authority,
    (b)  arrangements for the appointment of committees or sub-committees of a local authority the membership of which is determined otherwise than in accordance with the political balance requirements,
    (c)  arrangements for the appointment of committees or sub-committees of a local authority to review or scrutinise decisions made, or other action taken, in connection with the discharge of functions of the authority.
    (3)  Regulations under this section may make provision for the purpose of determining the functions of a local authority which may, may not or must be the subject of alternative arrangements of any particular type.
 
    (4)  Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).")
1972 c. 70.
1989 c. 42.
     Insert the following new Clause-- 
     (".--(1) A resolution of a local authority is required in order for the authority to operate alternative arrangements.
 
    (2)  Subsection (2) of section 20 is to apply for the purposes of this section as it applies for the purposes of that section.
 
    (3)  A local authority which pass a resolution under this section to operate alternative arrangements may not at any subsequent time cease to operate those arrangements unless, by virtue of any provision made under subsection (5) or section 22, 23 or (Power to require referendum), the authority operate executive arrangements in place of those arrangements.
 
    (4)  The Secretary of State may by regulations make provision for or in connection with enabling a local authority which is operating alternative arrangements to alter those arrangements in such ways as may be permitted by the regulations.
 
    (5)  The Secretary of State may by regulations make provision for or in connection with enabling a local authority which is operating alternative arrangements to operate executive arrangements in place of the alternative arrangements.
 
    (6)  The provision which may be made by virtue of subsection (5) includes provision which applies or reproduces (with or without modifications) any provisions of section 18, (Proposals not requiring referendum), 19 or 20.
 
    (7)  Nothing in subsection (6) affects the generality of the power under subsection (5).")
Operation of alternative arrangements.
  
Clause 22
 
  
BY THE LORD WHITTY
 
     Page 12, line 11, at end insert ("for or in connection with") 
     Page 12, leave out lines 13 to 19 and insert ("which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should operate executive arrangements involving a form of executive for which a referendum is required.") 
     Page 12, line 21, leave out ("in particular") 
     Page 12, line 21, leave out ("as to") 
     Page 12, line 22, at beginning insert ("as to") 
     Page 12, line 22, leave out ("that a petition is to take") and insert ("and content of petitions (including provision for petitions in electronic form),") 
     Page 12, line 22, at end insert--
    ("(aa)  as to the minimum number of local government electors for a local authority's area who must support any petition presented to the authority during any period specified in the regulations,
    (ab)  for or in connection with requiring the proper officer of a local authority to publish the number of local government electors for the authority's area who must support any petition presented to the authority,
    (ac)  as to the way in which local government electors for a local authority's area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),
    (ad)  as to the action which may, may not or must be taken by a local authority in connection with any petition,")
 
     Page 12, line 23, at beginning insert ("as to") 
     Page 12, line 23, leave out ("given") and insert ("presented") 
     Page 12, line 24, at beginning insert ("as to") 
     Page 12, line 25, at beginning insert ("as to") 
     Page 12, line 26, at beginning insert ("as to") 
     Page 12, line 26, leave out ("to") and insert ("which may, may not or must") 
     Page 12, line 26, after ("before") insert ("or in connection with") 
     Page 12, line 27, at beginning insert ("as to") 
     Page 12, line 27, leave out ("to") and insert ("which may, may not or must") 
     Page 12, line 27, at end insert--
    ("(  )  for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.")
 
     Page 12, line 28, leave out subsection (3) and insert--
 
    ("(3)  The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of sections 18, 19, 20 or (Operation of alternative arrangements).
 
    (4)  The number of local government electors mentioned in subsection (2)(aa) is to be calculated at such times as may be provided by regulations under this section and must not exceed 5 per cent. of the number of local government electors at any of those times.
 
    (5)  Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).")
 
  
Clause 23
 
  
BY THE LORD WHITTY
 
     Page 12 line 43, after ("before") insert ("or in connection with") 
     Page 12, line 35, at end insert ("for or in connection with") 
     Page 12, line 37, leave out ("require") and insert ("direct") 
     Page 12, line 38, leave out from ("arrangements") to end of line 39 and insert ("involving an executive which takes a particular form permitted by or under section 10.") 
     Page 12, line 41, leave out ("in particular") 
     Page 12, line 41, leave out ("as to") 
     Page 12, line 42, at beginning insert ("as to") 
     Page 12, line 43, at beginning insert ("as to") 
     Page 12, line 43, leave out ("to") and insert ("which may, may not or must") 
     Page 13, line 1, at beginning insert ("as to") 
     Page 13, line 1, leave out ("to") and insert ("which may, may not or must") 
     Page 13, line 1, at end insert--
    ("(  )  for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.")
 
     Page 13, line 2, leave out subsections (3) and (4) and insert--
 
    ("(3)  The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 18, 19, 20 or (Operation of alternative arrangements).
 
    (4)  Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).")
 
  
After Clause 23
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     (".--(1) The Secretary of State may by order make provision requiring every local authority, or every local authority falling within any description of authority specified in the order, to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 10 as may be specified in the order.
 
    (2)  The provision which may be made by an order under this section includes provision--
    (a)  as to the date on which, or the time by which, a referendum must be held,
    (b)  as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
    (c)  as to the action which may, may not or must be taken by a local authority after a referendum,
    (d)  for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
    (3)  The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of sections 18, 19, 20 or (Operation of alternative arrangements).
 
    (4)  Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).")
Power to require referendum.
     Insert the following new Clause-- 
     (".--(1) A local authority which is operating executive arrangements must prepare and keep up to date a document (referred to in this section as their constitution) which contains--
    (a)  such information with respect to the discharge of their functions (including functions which are the responsibility of the executive) as the Secretary of State may direct,
    (b)  a copy of the authority's standing orders for the time being,
    (c)  a copy of the authority's code of conduct for the time being under section 36, and
    (d)  such other information (if any) as the authority consider appropriate.
    (2)  A local authority must ensure that copies of their constitution are available at their principal office for inspection by members of the public at all reasonable hours.")
Information with respect to discharge of functions etc.
  
Clause 24
 
  
BY THE LORD WHITTY
 
     Page 13, line 11, leave out subsection (2) 
  
Clause 25
 
  
BY THE LORD WHITTY
 
     Page 13, line 27, leave out ("of") and insert ("made by or under") 
     Page 13, line 27, at end insert--
 
    ("(1A)  Except to the extent that regulations made by the Secretary of State under this section otherwise provide, an elected mayor of a local authority is to be treated for the purposes of the enactments relating to local government as a member and councillor of the authority.")
 
  
Clause 30
 
  
BY THE LORD WHITTY
 
     Page 15, line 20, at end insert ("or referendums") 
     Page 15, line 24, at end insert "(including the publicity to be given with respect to the consequences of the referendum)") 
  
Clause 33
 
  
BY THE LORD WHITTY
 
     Page 16, leave out line 18 
     Page 16, line 6, at end insert ("unless the context otherwise requires") 
     Page 16, line 34, leave out ("of") and insert ("made by or under") 
     Page 16, line 35, leave out ("and 16") and insert ("to 17") 
     Page 16, line 35, after ("of") insert (", and Schedule 1 to,") 
     Page 17, line 7, leave out ("A local authority's function with respect to") and insert ("Section 101 of the Local Government Act 1972 does not apply to the function of")1972 c. 70.
     Page 17, line 8, leave out ("may be discharged only by the local authority") 
  
Clause 66
 
  
BY THE LORD WHITTY
 
     Leave out Clause 66 and insert the following new Clause-- 
     (".--(1) The provision which may be made by regulations under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service etc) includes provision for or in connection with the provision of pensions, allowances or gratuities to or in respect of such members of an executive of a local authority as may be prescribed by the regulations.
 
    (2)  In subsection (1) "executive" and "local authority" have the same meaning as in Part II of this Act.
Allowances and pensions for certain local authority members.
1972 c. 11.
     (3)  Section 18 of the Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances for local authority members) is amended as follows.
 
    (4)  At the beginning of subsection (1) there is inserted "Subject to subsection (1A)," and after that subsection there is inserted--
        (1A)  In relation to a district council, county council, county borough council or London borough council, subsection (1) above shall have effect with the omission of paragraph (b)."
    (5)  After subsection (2) there is inserted--
        (2A)  Regulations under this section may authorise or require a scheme made by a district council, county council, county borough council or London borough council to include provision for the payment to members of the council of allowances in respect of such expenses of arranging for the care of children or dependants as are necessarily incurred in the carrying out of their duties as members."
    (6)  In subsection (3), for "and (2)" there is substituted "to (2A)".
 
    (7)  After subsection (3) there is inserted--
        (3A)  Regulations under this section may make provision for or in connection with--
      (a)  enabling district councils, county councils, county borough councils or London borough councils which are operating executive arrangements to determine which members of the executive are to be entitled to pensions, allowances or gratuities,
      (b)  treating the basic allowance and the special responsibility allowance as amounts in respect of which such pensions, allowances or gratuities are payable.
        (3B)  Regulations under this section may make provision for or in connection with requiring every district council, county council, county borough council and London borough council to establish and maintain a panel which is to have such functions in relation to allowances, or pensions, allowances or gratuities, payable to members of the council as may be prescribed by the regulations.
        (3C)  Regulations under subsection (3B) above may include provision--
      (a)  with respect to the number of persons who may or must be appointed to the panel of a council,
      (b)  with respect to the persons who may or must be appointed to the panel of a council,
      (c)  for or in connection with the appointment by councils of joint panels,
      (d)  for or in connection with enabling the panel of a council to consider and make recommendations to the council on the level of allowances payable to members of the council,
      (e)  for or in connection with enabling the panel of a council which is operating executive arrangements to consider, and make recommendations to the council on, which members of the executive are to be entitled to pensions, allowances or gratuities."
    (8)  In subsection (4), for the word "and" at the end of paragraph (b) there is substituted--
      (ba)  make provision with respect to the amendment, revocation or replacement of a scheme made by a relevant authority under the regulations; and".
    (9)  After subsection (5) there is inserted--
        (5A)  In making or operating any scheme authorised or required by regulations under this section, a district council, county council, county borough council or London borough council shall have regard to any guidance for the time being issued by the Secretary of State.
        (5B)  In this section "executive" and "executive arrangements" have the same meaning as in Part II of the Local Government Act 2000."")
1989 c. 42.
  
Clause 69
 
  
BY THE LORD WHITTY
 
     Page 42, line 9, after (" 10(5)") insert (", (Alternative arrangements)") 
 
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