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

back to previous amendments
 
  
Clause 10
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
60     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
 
61     Page 5, line 9, leave out ("must") and insert ("may") 
  
BY THE LORD WHITTY
 
62     Page 5, line 14, at end insert--
 
    ("Such an executive is referred to in this Part as a mayor and cabinet executive.")
 
63     Page 5, line 21, at end insert--
 
    ("Such an executive is referred to in this Part as a leader and cabinet executive.")
 
  
BY THE LORD HARDY OF WATH
 
64     Page 5, line 25, at end insert (", and
    (c) one or more councillors of the authority")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
65*     Page 5, line 25, at end insert--
    ("(  )  a form of executive which meets prescribed requirements of transparency, accountability and efficiency,")
 
  
BY THE LORD WHITTY
 
66     Page 5, line 25, at end insert--
 
    ("Such an executive is referred to in this Part as a mayor and council manager executive.")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
67     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.")
 
  
BY THE BARONESS HANHAM
 
68     Page 5, line 25, at end insert--
 
    ("(  )  It may--
    (a)  consist of such committees or sub-committees as the local authority may determine and the membership of which may be determined otherwise than in accordance with the political balance requirements;
    (b)  provide for the discharge of the functions of the local authority or of the committees or sub-committees referred to in paragraph (a) by individual members of those committees or sub-committees;
    (c)  provide for the appointment of committees of the local authority to review or scrutinise decisions made, or other actions taken, in connection with the discharge of functions of the authority.")
 
  
BY THE BARONESS HAMWEE
 
69*     Page 5, line 25, at end insert--
 
    ("(  )  It may take such form as the local authority considers, after it has taken reasonable steps to consult local government electors and other interested persons in the authority's area, so that it--
    (a)  enhances the decision-making process, and
    (b)  better meets the principles of transparency, accountability and efficiency than any of the forms specified under subsections (2) to (4) or subsection (5).")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
70     Page 5, line 26, leave out subsections (5) and (6) 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
71     Page 5, line 29, leave out ("each member of which is") and insert ("at least 60 per cent of the members of which are") 
72     Page 5, line 30, leave out from ("area") to end of line 31 
  
BY THE BARONESS HAMWEE
 
73*     Page 5, line 32, leave out paragraph (b) 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
74     Page 5, line 35, at end insert--
    ("(  ) the appointment by an executive formed in accordance with subsection (3) of a council manager")
 
75     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.")
 
  
BY THE LORD WHITTY
 
76     Page 5, line 38, leave out ("local authority executive which takes the form specified in subsection (2) or (3)") and insert ("mayor and cabinet executive or a leader and cabinet executive") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
77     Page 5, line 39, after ("not") insert ("be fewer than 5 nor") 
  
BY THE EARL OF CARNARVON
 
78     Page 5, line 39, leave out ("10") and insert ("15") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
79     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.")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS HANHAM
 
80     Page 5, line 42, leave out from ("applies") to end of line 43 
  
BY THE EARL OF CARNARVON
 
81     Page 5, line 43, leave out ("10") and insert ("15") 
  
BY THE LORD WHITTY
 
82     Page 5, line 43, at end insert-- 
     ("(10)  Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under subsection (3)(a) or appointing councillors or an officer to the executive under subsection (3)(b)(ii) or (4)(b).")1972 c. 70.
  
Clause 11
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
83     Page 6, line 13, leave out subsections (3) to (5) 
  
BY THE LORD WHITTY
 
84     Leave out Clause 11 and insert the following new Clause-- 
     (".--(1) This section has effect for the purposes of determining the functions of a local authority which are the responsibility of an executive of the authority under executive arrangements.
 
    (2)  The Secretary of State may by regulations make provision for any function of a local authority specified in the regulations--
    (a)  to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,
    (b)  to be a function which may be the responsibility of such an executive under such arrangements, or
    (c)  to be a function which--
          (i)  to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and
          (ii)  to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.
 

          18
    (3)  Any functions of a local authority which are not specified inregulations under subsection (2) are to be the responsibility of an executive of the authority under executive arrangements. 
     (4)  Executive arrangements may make provision for any function of a local authority falling within subsection (2)(b)--
    (a)  to be a function which is to be the responsibility of an executive of the authority, or
    (b)  to be a function which--
          (i)  to the extent provided by the arrangements is to be the responsibility of such an executive, and
          (ii)  to the extent provided by the arrangements is not to be the responsibility of such an executive.
    (5)  The power under subsection (2)(c) or (4)(b) includes power in relation to any function of a local authority--
    (a)  to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and
    (b)  to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.
    (6)  The Secretary of State may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.
Functions which are the responsibility of an executive.
     (7)  A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the Local Government Act 1972, or any provision of that section, does not apply to that function.
 
    (8)  Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of this section, the responsibility of the executive under such arrangements.
 
    (9)  Any function which is the responsibility of an executive of a local authority under executive arrangements--
    (a)  is to be regarded as exercisable by the executive on behalf of the authority, and
    (b)  is to be discharged in accordance with any provisions made by or under this Part which relate to the discharge of any such function.
    (10)  Any function which is the responsibility of an executive of a local authority under executive arrangements--
    (a)  may not be discharged by the authority,
1972 c. 70.
 
    (b)  is not to be a function to which section 101(1) of the Local Government Act 1972 applies, and
    (c)  may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section (Joint exercise of functions).
    (11)  Subject to any provision made under subsection (12), any function which, under executive arrangements, is not the responsibility of an executive of a local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.
1972 c. 70.




          76
    (12)  The Secretary of State may by regulations make provision with respect to the discharge of any function which, under executive arrangements, is not the responsibility of an executive of a local authority (including provision disapplying section 101 of the Local Government
Act 1972 or any provision of that section).
 
     (13)  In this section--
    action" in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving--
          (a)  the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
          (b)  the doing of anything incidental or conducive to the discharge of the function, or
          (c)  the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b),
    function" means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.")
1972 c. 70.
  
BY THE BARONESS HAMWEE
THE LORD TOPE
[Amendments 85 and 86 are amendments to Amendment 84]
 
85*     Line 18, leave out from ("of") to end of line 19 and insert ("the authority which may make arrangements for the discharge of any or all of those functions by the executive of the authority") 
86     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
 
87     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 WHITTY
 
88     Page 6, leave out lines 23 to 30 and insert--
 
    ("(1)  Subject to any provision made under section (Discharge of functions by area committees), (Discharge of functions of and by another local authority) or (Joint exercise of functions), any functions which, under executive arrangements, are the responsibility of a mayor and cabinet executive are to be discharged in accordance with this section.
 
    (2)  The elected mayor--
    (a)  may discharge any of those functions, or
    (b)  may arrange for the discharge of any of those functions--")
 
89     Page 6, line 32, leave out ("single") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
90     Page 6, line 34, at end insert (", or
          (v)  by a committee of the authority")
 
  
BY THE LORD WHITTY
 
91     Page 6, line 35, leave out ("executive") 
92     Page 6, line 41, leave out ("executive") 
93     Page 6, line 42, leave out ("single") 
94     Page 6, line 43, leave out ("the single") and insert ("that") 
95     Page 7, line 1, leave out ("executive") 
96     Page 7, line 6, leave out ("single") 
97     Page 7, line 6, leave out second ("executive") 
98     Page 7, line 7, leave out ("single") 
99     Page 7, line 8, leave out ("single") 
 
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