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

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Clause 43
 
  
BY THE LORD WHITTY
 
     Page 24, line 11, after ("member") insert ("or co-opted member") 
     Page 24, line 16, leave out ("members") and insert ("co-opted member") 
     Page 24, line 19, leave out ("(by co-option) of a committee") and insert ("of any committee or sub-committee") 
  
Clause 45
 
  
BY THE LORD WHITTY
 
     Page 25, line 12, leave out ("members") and insert ("co-opted member") 
     Page 25, line 27, leave out ("members") and insert ("co-opted member") 
  
Clause 47
 
  
BY THE LORD WHITTY
 
     Page 27, line 40, leave out ("standards committee") and insert ("monitoring officer") 
     Page 28, line 8, leave out ("a member or") and insert ("any members or co-opted") 
     Page 28, line 11, after ("member") insert ("or co-opted member") 
  
Clause 48
 
  
BY THE LORD WHITTY
 
     Page 28, line 18, leave out ("or on their behalf") 
     Page 28, line 20, leave out ("a member or") and insert ("any members or co-opted") 
     Page 28, line 27, leave out ("52(3)(b)") and insert ("52(3A)(b) or (3B)(b)") 
     Page 28, line 30, after ("member") insert ("or co-opted member") 
     Page 28, line 30, leave out from second ("authority") to end of line 31 
     Page 28, line 33, leave out ("may") and insert ("must") 
     Page 29, line 2, after ("member") insert ("or co-opted member") 
  
Clause 50
 
  
BY THE LORD WHITTY
 
     Page 30, line 10, leave out ("members") and insert ("co-opted member") 
     Page 30, line 12, leave out ("(by co-option) of a committee") and insert ("of any committee, sub-committee, joint committee or joint sub-committee") 
  
Clause 52
 
  
BY THE LORD WHITTY
 
     Page 31, line 21, leave out from beginning to ("member") in line 23 and insert ("suspended or disqualified in accordance with subsection (3A) or (3B).
 
    (3A)  A member of a relevant authority may be--
    (a)  suspended--
          (i)  from exercising particular functions as a member of the authority, or
          (ii)  from being a member of the authority, or
    (b)  disqualified for being, or being elected or appointed, a member or co-opted member of that or any other relevant authority.
    (3B)  A co-opted member of a relevant authority may be--
    (a)  suspended from being a co-opted member of that authority, or
    (b)  disqualified for being, or being elected or appointed, a member or co-opted")
 
     Page 31, line 26, leave out ("(3)(a),") and insert ("(3A)(a) or (3B)(a),") 
     Page 31, line 30, leave out ("(3)(b),") and insert ("(3A)(b) or (3B)(b),") 
     Page 31, line 34, leave out ("(3),") and insert ("(3A) or (3B),") 
     Page 31, line 41, leave out ("(3)(a),") and insert ("(3A)(a) or (3B)(a),") 
     Page 32, line 1, leave out from ("authority") to ("for") in line 3 
     Page 32, line 3, after ("period") insert (", and to the extent,") 
     Page 32, line 9, leave out ("(3)(b),") and insert ("(3A)(b) or (3B)(b),") 
     Page 32, line 14, leave out ("and") and insert ("or") 
     Page 32, line 14, after ("elected") insert ("or appointed") 
     Page 32, line 15, after ("member") insert ("or co-opted member") 
  
After Clause 52
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     (".--(1) Any case tribunal which gives notice to a standards committee of a relevant authority under section 52 may also make recommendations to the authority about any matters relating to--
    (a)  the exercise of the authority's functions,
    (b)  the authority's code of conduct, or
    (c)  the authority's standards committee.
    (2)  A case tribunal must send a copy of any recommendations it makes under subsection (1) to the relevant Standards Board.
 
    (3)  A relevant authority to whom recommendations are made under subsection (1) must consider the recommendations and, within a period of three months beginning with the day on which the recommendations are received, prepare a report for the relevant Standards Board giving details of what action the authority have taken or are proposing to take as a result of the recommendations.
 
    (4)  A relevant authority's function of considering a report under subsection (3) must be discharged only by the authority or by the standards committee of that authority.
 
    (5)  If the relevant Standards Board is not satisfied with the action the relevant authority has taken or proposes to take in relation to the recommendations, the Board may require the authority to publish a statement giving details of the recommendations made by the tribunal and of the authority's reasons for not fully implementing the recommendations.
 
    (6)  In this section "the relevant Standards Board" means--
    (a)  the Standards Board for England where the relevant authority concerned is in England,
    (b)  the Standards Board for Wales where the relevant authority concerned is in Wales.")
Recommendations by case tribunals
  
Clause 53
 
  
BY THE LORD WHITTY
 
     Leave out Clause 53 and insert the following new Clause-- 
     (".--(1) Every relevant authority must establish and maintain a register of interests of the members and co-opted members of the authority.
 
    (2)  The mandatory provisions of the model code applicable to each relevant authority ("the mandatory provisions") must require the members and co-opted members of each authority to register in that authority's register maintained under subsection (1) such financial and other interests as are specified in the mandatory provisions.
 
    (3)  The mandatory provisions must also--
    (a)  require any member or co-opted member of a relevant authority who has an interest specified in the mandatory provisions under subsection (2) to disclose that interest before taking part in any business of the authority relating to that interest,
    (b)  make provision for preventing or restricting the participation of a member or co-opted member of a relevant authority in any business of the authority to which an interest disclosed under paragraph (a) relates.
    (4)  Any participation by a member or co-opted member of a relevant authority in any business which is prohibited by the mandatory provisions is not a failure to comply with the authority's code of conduct if the member or co-opted member has acted in accordance with a dispensation from the prohibition granted by the authority's standards committee in accordance with regulations made under subsection (5).
 
    (5)  The Secretary of State may prescribe in regulations the circumstances in which standards committees may grant dispensations under subsection (4).
 
    (6)  Every register maintained under this section must be published and made available for public inspection.
 
    (7)  The interests which may be specified under subsection (2) in relation to a member or co-opted member of a relevant authority may include any interests of that member's spouse or partner or any member of that member's household.
 
    (8)  In this section "partner", in relation to a member or co-opted member of a relevant authority, means a person to whom the member is not married but with whom the member lives as husband or wife.
 
    (9)  The duty of a relevant authority under subsection (1) is to be discharged by the monitoring officer of the relevant authority.")
Disclosure and registration of members' interests etc.
  
Clause 55
 
  
BY THE LORD WHITTY
 
     Page 33, line 37, at end insert--
    (""co-opted member" has the meaning given by section 34(6),")
 
     Page 34, leave out lines 1 and 2 
     Page 34, line 12, at end insert--
 
    ("(2)  In relation to a parish council, the functions of a monitoring officer under any provisions of this Part are to be discharged by the monitoring officer of the district council or unitary county council which is the responsible authority in relation to that parish council; and any reference in this Part to the monitoring officer of a relevant authority which is a parish council is to be construed accordingly.
 
    (3)  Subsections (12) and (13) of section (Standards committees or sub-committees for parish councils) apply for the purposes of subsection (2) of this section as they apply for the purposes of that section.")
 
  
Schedule 4
 
  
BY THE LORD WHITTY
 
     Page 50, line 28, leave out ("52") and insert (" 52(3A)(a)(i) or (ii)") 
     Page 50, line 33, at end insert-- 
 ("Local Government Act 1974 (c. 7) 
     . In section 30 of the Local Government Act 1974 (reports on investigation by Local Commissioner)--
    (a)  in subsection (3), the words "except where subsection (3A) below applies" are omitted,
    (b)  subsection (3A) is omitted.")
 
     Page 50, line 34, at end insert-- 
     (".--(1) Section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer) is amended as follows.
 
    (2)  In subsection (1), before "the officer so" there is inserted "subject to subsection (1A) below".
 
    (3)  After that subsection there is inserted--
        (1A)  The officer designated under subsection (1) above by a relevant authority to which this subsection applies may not be that authority's head of paid service.
        (1B)  Subsection (1A) above applies to the following relevant authorities in England and Wales--
      (a)  a county council,
      (b)  a county borough council,
      (c)  a district council,
      (d)  a London borough council,
      (e)  the Greater London Authority,
      (f)  the Common Council of the City of London in its capacity as a local authority or police authority, and
      (g)  the Council of the Isles of Scilly."
    (4)  In subsection (8), in paragraph (a) of the definition of "relevant authority", for "(j)" there is substituted "(k)".
 
    . Sections 31 and 32(1) of that Act (National Code of Local Government Conduct) are omitted.")
1989 c. 42.
     Page 50, line 35, leave out ("the Local Government and Housing Act 1989") and insert ("that Act") 
  
Schedule 5
 
  
BY THE LORD WHITTY
 
     Page 51, line 8, at end insert-- 
 
("1974 c. 7.Local Government Act
1974.
In section 30, in subsection (3), "except where subsection (3A) below applies" and subsection (3A).")
 
     Page 51, line 13, column 3, after ("Sections") insert ("31, 32(1) and") 
 
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