House of Lords portcullis
House of Lords
Session 1999-2000
Publications on the internet
Other Bills before Parliament
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 2
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
     Page 1, line 19, leave out from ("consider") to end of line 2 on page 2 and insert ("will further any one or more of its principal purposes, namely--
    (a)  promoting economic development and wealth creation in their area or improving the economic well-being of their area,
    (b)  promoting social development in their area or improving the social well-being of their area,
    (c)  promoting the improvement of the environment in their area or improving the environmental well-being of their area.")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 1, line 20, leave out ("promotion or") 
     Page 1, line 22, leave out ("promotion or") 
     Page 2, line 1, leave out ("promotion or") 
     Page 2, line 7, leave out subsection (3) 
     Page 2, line 8, leave out ("have regard to") and insert ("determine") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
     Page 2, line 9, after ("on") insert ("the health of persons in their area and") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 2, line 10, at end insert--
 
    ("( ) In determining whether or how to exercise the power under subsection (1), a local authority must have regard to the effect which the proposed exercise of the power would have on neighbouring authorities.")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
     Page 2, line 19, at end insert--
 
    ("(  )  For the purposes of subsection (4), a person includes another local authority.")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 2, line 23, at end insert ("and, prior to the exercise of the power outside their own boundaries, they shall consult with, and receive agreement from, the authority within whose boundaries the power is to be exercised") 
  
Clause 3
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
     Page 2, line 27, after ("any") insert ("specific") 
     Page 2, leave out line 29 and insert ("passed or made after the enactment of this Act") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 2, line 30, leave out subsection (2) 
     Page 2, line 32, leave out subsection (3) 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
     Page 2, line 32, after ("order") insert ("laid in draft before, and approved by a resolution of, each House of Parliament") 
     Page 2, line 34, at end insert--
 
    ("(  )  Before making an order under section 3(3), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 2, line 39, leave out first ("such") 
  
Clause 4
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
     Page 3, line 1, leave out ("is to have power to prepare") and insert ("shall prepare and keep under review") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 3, line 2, leave out ("promoting or") 
     Page 3, line 5, leave out ("may") and insert ("shall") 
     Page 3, line 5, after ("persons") insert ("or organisations") 
     Page 3, line 10, leave out first ("such") 
  
After Clause 5
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
     Insert the following new Clause-- 
     ("  .--(1)  If the Secretary of State thinks that an enactment (whenever passed or made) or a requirement (whenever imposed) is unnecessary following the enactment of section 4, he shall by order amend, repeal, revoke or withdraw it.
 
    (2)  In this section "enactment" has the same meaning as in section 5(2) and "requirement" includes guidance and directions.")
Power to amend or repeal enactments in consequence of Section 4 powers.
  
Clause 6
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 3, line 25, leave out paragraph (6) 
     Page 3, line 32, at end insert (", or (c) that the application by a particular local authority is justified") 
  
Clause 8
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 4, line 16, leave out ("to him to be likely") 
     Page 4, line 26, at end insert ("working") 
     Page 4, line 38, at end insert ("and the government's response to those representations") 
  
After Clause 8
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
     Insert the following new Clause-- 
     ("  .--(1)  Each local authority shall make appropriate arrangements with a view to securing that--
    (a)  in the exercise of its powers, and
    (b)  in the discharge of its functions, there is due regard to the principle that there should be equality of opportunity for all people.
    (2)  Each local authority shall have regard to the need--
    (a)  to promote equality of opportunity for all persons irrespective of their race, sex, disability, age, sexual orientation or religion;
    (b)  to eliminate unlawful discrimination; and
    (c)  to promote good relations between persons of different racial groups, religious beliefs and sexual orientation.
    (3)  Subsection (2) is without prejudice to subsection (1) and is subject to any provision made under any other enactment.
 
    (4)  Each local authority shall publish a report in each year containing--
    (a)  a statement of the arrangements made in pursuance of subsection (1) which had effect during the year the subject of the report, and
    (b)  an assessment of how effective those arrangements were in promoting equality of opportunity.")
Equality of opportunity.
  
Clause 9
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 5, line 4, at beginning insert--
 
    ("(  )  A local authority may make executive arrangements for the discharge of certain of its functions.")
 
  
Clause 10
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
     Page 5, line 9, after ("authority") insert ("which determines to adopt executive arrangements") 
  
BY THE LORD LAMING
THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 5, line 9, leave out ("must") and insert ("may") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 5, line 25, at end insert--
 
    ("(  ) It may take such other form as the local authority considers, after proper consultation with its electorate, to be appropriate to its particular circumstances.")
 
     Page 5, line 26, leave out subsections (5) and (6) 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
     Page 5, line 28, at end insert--
    ("(  )  a form of executive which meets prescribed requirements of transparency, accountability and efficiency,")
 
     Page 5, line 29, leave out ("each member of which is") and insert ("at least 60 per cent of the members of which are") 
     Page 5, line 30, leave out from ("area") to end of line 31 
     Page 5, line 35, at end insert--
    ("(  ) the appointment by an executive formed in accordance with subsection (3) of a council manager")
 
     Page 5, line 37, at end insert--
 
    ("(  ) The authority may determine the title to be used for the position of mayor elected under this Act.")
 
     Page 5, line 39, after ("not") insert ("be fewer than 5 nor") 
     Page 5, line 39, at end insert--
 
    ("(  ) A member of the authority may deputise for a member of the executive but may not act as his substitute.")
 
     Page 5, line 42, leave out from ("applies") to end of line 43 
  
Clause 11
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 6, line 13, leave out subsections (3) to (5) 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
[As an amendment to the amendment to substitute Clause 11 printed on sheet HL Bill 9(i)]
 
     Line 18, leave out from ("of") to end of line 19 and insert ("the Council of each local authority which may determine that they be exercised by the executive of the authority") 
     Line 76, at end insert--
 
    ("(  )  Nothing contained in this section shall enable the Secretary of State to permit or require the annual budget of a local authority or the level of its council tax to be determined by its executive.")
 
  
Before Clause 12
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Insert the following new Clause-- 
     ("  .--(1)  This section makes provision about the way in which, under executive arrangements, a local authority executive which takes the form specified in either section 10(2) or (3) or (4) above is to be responsible for its functions.
 
    (2)  The decisions, proceedings, reports and documents of the executive shall be subject to the provisions of the Local Government (Access to Information) Act 1985.
 
    (3)  No function may be discharged by or on behalf of the executive unless an officer appointed by the Head of Paid Service of the authority is present to record the decision, those present taking the decision and to record any advice given or relevant background papers.
 
    (4)  No decision which would result in expenditure may be taken unless it is consistent with a scheme of delegation approved by the authority.
 
    (5)  All records about decisions of the executive shall be reported to the next meeting of the Council.")
Local authority executive: responsibility for functions.
  
Clause 12
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 6, line 34, at end insert (", or
          (v)  by a committee of the authority")
 
  
Clause 13
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 7, line 23, at end insert (", or
          (v)  by a committee of the authority")
 
 
continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 18 January 2000