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

back to previous amendments
 
  
Clause 14
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 8, line 14, at end insert (", or
          (iii)  by a committee of the authority")
 
  
After Clause 14
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
[As an amendment to the second amendment to After Clause 14 printed on sheet HL Bill 9(i)]
 
     Line 2, leave out subsections (1) and (2) and insert--
 
    ("(  )  Nothing in this Part shall prevent a local authority or an executive of a local authority (within the meaning of this Part) arranging for the discharge of any functions which, under executive arrangements, are the responsibility of the executive, by an area committee of that authority.")
 
     Line 14, leave out from ("authority") to end of line 16 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
     Insert the following new Clause-- 
     ("  .  Nothing in this Part shall prevent a local authority or an executive of a local authority (within the meaning of this Part) arranging for the discharge of any functions which, under executive arrangements, are the responsibility of the executive--
    (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.")
Discharge of functions by another local authority.
     Insert the following new Clause-- 
     ("  .  Nothing in this Part shall prevent arrangements under section 101(5) of the Local Government Act 1972 where any of the arrangements are the responsibility of an executive of a local authority under executive arrangements.")Joint exercise of functions (No. 2).
  
Clause 15
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 8, line 32, at end insert (", or
          (iii)  to advise the executive on the future discharge of its executive functions")
 
     Page 8, line 40, at end insert--
 
    ("(  )  The authority shall appoint an officer to assist each overview and scrutiny committee in the discharge of its functions.
 
    (  )  This officer shall not report to the executive.
 
    (  )  Members of the executive and officers of the authority shall comply with any reasonable request from a member of a relevant overview and scrutiny committee for information or to see any relevant papers.")
 
     Page 9, line 2, at end insert--
 
    ("(  )  Either the Head of the Paid Service, the Monitoring Officer, or any officer appointed by the authority under section 151 of the Local Government Act 1972, may summon a meeting of a relevant overview or scrutiny committee and place on the agenda any matter which falls within the responsibility of the committee.")
 
     Page 9, line 2, at end insert--
 
    ("(  )  A local authority operating executive arrangements shall appoint an Education Overview Committee and shall appoint to that committee in a non-voting capacity at least one person representing each of the main religious faiths from within its area.")
 
  
After Clause 15
 
  
BY THE LORD BISHOP OF BLACKBURN
 
     Insert the following new Clause-- 
     ("  .--(1)  This section applies to a local authority which is a local education authority.
 
    (2)  Each local authority to which this section applies shall have a single overview and scrutiny committee (referred to in this section as the relevant committee) appointed for the purposes described in section 15(1) solely in respect of the authority's functions as a local education authority.
 
    (3)  A relevant committee may require that any decision of the authority's executive shall not be implemented, or that implementation of it shall not continue, until it has been approved at a meeting of all the councillors of the authority at which a report of the relevant committee on the decision in question was considered.
 
    (4)  Where any maintained school in the authority's area is a Church of England school, the relevant committee shall include at least one full voting member nominated by the Diocesan Board of Education for a diocese of the Church of England which includes all or part of the authority's area.
 
    (5)  Where any maintained school in the authority's area is a Roman Catholic school, the relevant committee shall include at least one full voting member nominated by the bishop of a Roman Catholic diocese which includes all or part of the authority's area.
 
    (6)  The Secretary of State may issue directions to local authorities for the purposes of securing as members of a relevant committee representatives of those who appoint foundation governors for schools designated under section 69 of the School Standards and Framework Act 1998 as having a religious character but which are not Church of England schools or Roman Catholic schools.
 
    (7)  Regulations may require the relevant committee for each authority to include one or more persons elected, in accordance with regulations, as representatives of parent governors at maintained schools in the authority's area.
 
    (8)  Expressions used in this section shall, unless the context otherwise requires, be construed in accordance with the Education Acts.")
Overview and scrutiny committee: local education authority.
  
After Clause 17
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Insert the following new Clause-- 
     (".  Each local authority operating executive arrangements shall provide an opportunity for every member not serving on the executive to be appointed to at least one scrutiny committee.")Scrutiny committee membership.
     Insert the following new Clause-- 
     (". Any three members of an overview or scrutiny committee may request a special meeting of that committee to discuss a particular action by the executive and such a meeting shall be held within 14 days of the request.")Special meeting of overview or scrutiny committee.
  
Clause 18
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 9, line 11, leave out ("Every") and insert ("A") 
     Page 9, line 11, leave out ("must") and insert ("may") 
     Page 9, line 11, leave out from ("authority") to end of line 13 and insert ("may draw up proposals for the operation of executive arrangements and shall send a copy of its proposals to the Secretary of State") 
  
BY THE LORD LAMING
 
     Page 9, line 13, leave out paragraph (b) and insert--
    ("(b)  ensure they deliver both value for money and quality standards of service.")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 9, line 30, leave out subsection (5) 
  
Clause 19
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 9, line 34, at end insert--
 
    ("(  ) The result of a referendum held under this section shall not be binding on the authority unless more than 40 per cent of the electorate vote in favour of the change.")
 
  
Clause 20
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 10, line 36, leave out subsection (3) 
     Page 10, line 36, leave out ("pass") and insert ("passes") 
  
Clause 21
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 11, line 27, at end insert--
 
    ("(  )  The result of a referendum held under this subsection shall not be binding on the authority unless more that 40 per cent of the electorate have voted in favour of the change.")
 
     Page 11, line 34, at end insert--
 
    ("(  )  The result of a referendum held under this subsection shall not be binding on the authority unless more than 40 per cent of the electorate have voted in favour of the change.")
 
     Page 11, line 36, leave out from second ("proposals") to end of line 38 and insert ("at the next Annual General Meeting of the Council") 
  
Clause 22
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 12, line 15, at end insert ("or cease to operate") 
  
Clause 23
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 12, line 37, at end insert ("or cease to operate") 
     The above-named Lords give notice of their intention to oppose the Question that Clause 23 stand part of the Bill. 
  
Clause 24
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OR TARA
 
     Page 13, line 13, leave out ("must") and insert ("may") 
  
Clause 25
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 13, line 28, after ("26") insert ("or to the implementation of proposals under section 21(7)") 
  
Clause 27
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 13, line 39, leave out from ("have") to end of line 4 on page 14 and insert ("one vote and the candidate receiving the greatest number of votes shall be returned as the elected mayor") 
     Page 14, line 7, leave out subsection (3) 
  
Schedule 2
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     The above-named Lords give notice of their intention to oppose the Question that Schedule 2 be the second Schedule to the Bill. 
  
Clause 30
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 15, line 7, leave out ("five") and insert ("three") 
     Page 15, line 15, at end insert--
 
    ("(  )  The result of any referendum held under this Part shall not be binding on the authority unless more than 40 per cent of the electorate of the authority vote in favour of the change.")
 
  
Clause 31
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 15, line 36, at end insert--
 
    ("(  )  Before making an order under this section the Secretary of State must consult representatives of local government and of any other persons affected by the proposals.")
 
  
Clause 33
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 17, line 9, at end insert--
 
    ("(  )  Nothing in this Part shall prevent, in the case of a London borough, the person who is referred to in Part 1 of Schedule 2 to the Local Government Act 1972 as the Mayor of the borough from using the title and style of Mayor.")
 
  
Clause 34
 
  
BY THE LORD WHITTY
 
     Page 17, line 14, after ("members") insert ("and co-opted members") 
     Page 17, line 16, after ("members") insert ("and co-opted members") 
     Page 18, line 6, at end insert--
 
    ("(6)  In this Part "co-opted member", in relation to a relevant authority, means a person who is not a member of the authority but who--
    (a)  is a member of any committee or sub-committee of the authority, or
    (b)  is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,
and who is entitled to vote on any question which falls to be decided at any meeting of that committee or sub-committee.")
 
 
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Prepared 18 January 2000