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

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Clause 18
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
168     Page 9, line 11, leave out ("Every") and insert ("A") 
169     Page 9, line 11, leave out ("must") and insert ("may") 
170     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
 
171     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 WHITTY
 
172     Page 9, line 17, leave out (" 11(1)(b)") and insert (" 11(2)(b)") 
173     Page 9, line 18, leave out ("subject of the executive arrangements") and insert ("responsibility of the executive") 
174     Page 9, line 21, at end insert (", and
    (b)  must comply with any directions given by the Secretary of State")
 
175     Page 9, line 23, at beginning insert ("such") 
176     Page 9, line 23, leave out from ("arrangements") to end of line 26 and insert ("as the Secretary of State may direct") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
177     Page 9, line 30, leave out subsection (5) 
  
BY THE LORD WHITTY
 
178     Page 9, line 30, leave out subsection (5) and insert--
 
    ("(5)  A copy of proposals under this section which is sent to the Secretary of State must be accompanied by a statement which describes--
    (a)  the steps which the authority took to consult local government electors, and other interested persons, in the authority's area, and
    (b)  the outcome of that consultation and the extent to which that outcome is reflected in the proposals.
    (6)  The Secretary of State may by order specify a date by which every local authority, or every local authority falling within any description of authority specified in the order, must comply with this section.")
 
  
After Clause 18
 
  
BY THE LORD WHITTY
 
179     Insert the following new Clause-- 
     (".--(1) Where a local authority's proposals under section 18 do not involve a form of executive for which a referendum is required, the authority must implement the proposals in accordance with the timetable included in the proposals.
 
    (2)  Any reference in this Part to a form of executive for which a referendum is required is a reference to--
    (a)  a mayor and cabinet executive,
    (b)  a mayor and council manager executive, or
    (c)  a form of executive prescribed in regulations under section 10(5) which is expressed in those regulations to be a form of executive for which a referendum is required.")
Proposals not requiring referendum.
  
Clause 19
 
  
BY THE LORD WHITTY
 
180     Page 9, line 32, leave out ("an") and insert ("a form of") 
181     Page 9, line 33, leave out ("which includes an elected mayor") and insert ("for which a referendum is required") 
182     Page 9, line 34, at end insert (", and
    (b)  must draw up and send to the Secretary of State an outline of the fall-back proposals (referred to in this section as outline fall-back proposals) that they intend to implement if the proposals under section 18 are rejected in a referendum.
    (1A)  Fall-back proposals are proposals--
    (a)  for the operation of executive arrangements which do not involve a form of executive for which a referendum is required, or
    (b)  for the operation of alternative arrangements (within the meaning of section (Alternative arrangements)).
 
         12(1B)  In drawing up outline fall-back proposals, a local authority must take reasonable steps to consult local government electors, and other interested persons, in the authority's area. 
     (1C)  Outline fall-back proposals must include a timetable with respect to the implementation of detailed fall-back proposals which are based on the outline fall-back proposals in the event that the proposals under section 18 are rejected in a referendum.
 
    (1D)  A local authority must send a copy of their outline fall-back proposals to the Secretary of State at the same time that a copy of the proposals under section 18 is sent to him.
 
    (1E)  A local authority may not hold a referendum under this section before the end of the period of two months beginning with the date on which a copy of the proposals under section 18 is sent to the Secretary of State.")
 
  
BY THE BARONESS HAMWEE
[Amendment 183 is an amendment to Amendment 182]
 
183*     Line 12, leave out ("outline fall-back proposals") and insert ("fall-back proposals whether before or after complying with subsection (1D) below") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
184     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.")
 
185     Page 9, line 34, at end insert--
 
    ("(  )  Before any referendum is held under this section, the question to be asked in the referendum shall be referred to the Electoral Commission for their determination.")
 
  
BY THE LORD WHITTY
 
186     Page 9, line 36, after first ("proposals") insert ("under section 18") 
187     Page 9, line 40, leave out from beginning to end of line 18 on page 10 and insert ("under section 18, the authority--
    (a)  may not implement those proposals,
    (b)  must draw up detailed fall-back proposals which are based on the outline fall-back proposals, and
    (c)  must send a copy of the detailed fall-back proposals to the Secretary of State.
    (  )  In drawing up outline fall-back proposals or detailed fall-back proposals under this section, a local authority must comply with any directions given by the Secretary of State.
 
    (  )  Outline fall-back proposals and detailed fall-back proposals must include such details of the executive arrangements or alternative arrangements to which they relate as the Secretary of State may direct.
 
    (  )  Subsections (2)(b), (3)(a) and (4)(c) of section 18 are to apply to detailed fall-back proposals involving executive arrangements as they apply to proposals under that section.
 
    (  )  Subsections (3)(a) and (4)(c) of that section are to apply to detailed fall-back proposals involving alternative arrangements as they apply to proposals under that section.
 
         20(  )  A local authority must implement detailed fall-back proposals in accordance with the timetable mentioned in subsection (1C).") 
  
BY THE BARONESS HAMWEE
[Amendment 188 is an amendment to Amendment 187]
 
188*     Leave out lines 20 and 21 and insert--
 
    ("(  )  A local authority may not implement detailed fall-back proposals until it has held a referendum on them in accordance with this section.")
 
  
Clause 20
 
  
BY THE LORD WHITTY
 
189     Page 10, line 35, at end insert (", and
          (v)  specifies the address of their principal office")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
190     Page 10, line 36, leave out subsection (3) 
191     Page 10, line 36, leave out ("pass") and insert ("passes") 
  
Clause 21
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
192     Page 11, line 27, at end insert--
 
    ("(  )  The result of a referendum held under subsection (5) shall not be binding on the authority unless more than 40 per cent. of the electorate have voted in favour of the change.")
 
193     Page 11, line 34, at end insert--
 
    ("(  )  The result of a referendum held under subsection (6) shall not be binding on the authority unless more than 40 per cent. of the electorate have voted in favour of the change.")
 
194     Page 11, line 34, at end insert--
 
    ("(  )  Before any referendum is held under this section, the question to be asked in the referendum shall be referred to the Electoral Commission for their determination.")
 
195     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") 
  
BY THE LORD WHITTY
 
196     Leave out Clause 21 and insert the following new Clause-- 
     (".--(1) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which is operating executive arrangements ("the existing arrangements") to operate executive arrangements ("the different arrangements") which differ from the existing arrangements in any respect.
 
    (2)  The provision which may be made by virtue of subsection (1) includes provision--
    (a)  which applies or reproduces (with or without modifications) any provisions of section 18, (Proposals not requiring referendum), 19 or 20,
    (b)  for or in connection with requiring the consent of an elected mayor under the existing arrangements to the operation of the different arrangements,
    (c)  with respect to changes to the existing arrangements as a result of changes to the functions which are the responsibility of an executive.
    (3)  Nothing in subsection (2) affects the generality of the power under subsection (1).")
Operation of different executive arrangements.
  
After Clause 21
 
  
BY THE LORD WHITTY
 
197     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.
198     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
 
199     Page 12, line 11, at end insert ("for or in connection with") 
200     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.") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
201     Page 12, line 15, at end insert ("or cease to operate") 
  
BY THE LORD WHITTY
 
202     Page 12, line 21, leave out (", in particular,") 
203     Page 12, line 21, leave out ("as to") 
204     Page 12, line 22, at beginning insert ("as to") 
205     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)") 
206     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,")
 
207     Page 12, line 23, at beginning insert ("as to") 
208     Page 12, line 23, leave out ("given") and insert ("presented") 
209     Page 12, line 24, at beginning insert ("as to") 
210     Page 12, line 25, at beginning insert ("as to") 
211     Page 12, line 26, at beginning insert ("as to") 
212     Page 12, line 26, leave out ("to") and insert ("which may, may not or must") 
213     Page 12, line 26, after ("before") insert ("or in connection with") 
214     Page 12, line 27, at beginning insert ("as to") 
215     Page 12, line 27, leave out ("to") and insert ("which may, may not or must") 
216     Page 12, line 27, at end insert (", and
    (  )  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")
 
217     Page 12, line 28, leave out subsections (3) to (5) 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).
 



          8
        (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).") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
[Amendment 218 is an amendment to Amendment 217]
 
218     Line 8, after ("cent.") insert ("nor be less than 3 per cent.") 
  
BY THE BARONESS HANHAM
 
219     Page 12, line 34, at the end insert ("so as to provide for a different minimum proportion of the local government electors for the authority's area required under that subsection but the power under this subsection may not be exercised so as to provide for a minimum proportion of less than 5 per cent.") 
220     Page 12, line 34, at end insert--
 
    ("(  )  A referendum under this section shall be of no effect and a local authority shall not be required to implement proposals for the operation of executive arrangements if less than 40 per cent. of the persons entitled to vote in the referendum shall have voted.")
 
 
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