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

back to previous amendments
 
  
Clause 23
 
  
BY THE LORD WHITTY
 
221     Page 12, line 35, at end insert ("for or in connection with") 
222     Page 12, line 37, leave out ("require") and insert ("direct") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
223     Page 12, line 37, at end insert ("or cease to operate") 
  
BY THE LORD WHITTY
 
224     Page 12, line 38, leave out from ("arrangements") to end of line 39 and insert ("involving an executive which takes a particular form permitted by or under section 10.") 
225     Page 12, line 41, leave out (", in particular,") 
226     Page 12, line 41, leave out ("as to") 
227     Page 12, line 42, at beginning insert ("as to") 
228     Page 12, line 43, at beginning insert ("as to") 
229     Page 12, line 43, leave out ("to") and insert ("which may, may not or must") 
230     Page 12, line 43, after ("before") insert ("or in connection with") 
231     Page 13, line 1, at beginning insert ("as to") 
232     Page 13, line 1, leave out ("to") and insert ("which may, may not or must") 
233     Page 13, line 1, 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")
 
234     Page 13, line 2, leave out subsections (3) and (4) 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 section 18, 19, 20 or (Operation of alternative arrangements).
 
    (4)  Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).")
 
  
BY THE BARONESS HANHAM
 
235     Page 13, line 7, 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.")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 23 stand part of the Bill. 
  
After Clause 23
 
  
BY THE LORD WHITTY
 
236     Insert the following new Clause-- 
     (".--(1) The Secretary of State may by order make provision requiring every local authority, or every local authority falling within any description of authority specified in the order, to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 10 as may be specified in the order.
 
    (2)  The provision which may be made by an order under this section includes provision--
    (a)  as to the date on which, or the time by which, a referendum must be held,
    (b)  as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
    (c)  as to the action which may, may not or must be taken by a local authority after a referendum,
    (d)  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 order, to take that action.
    (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).
 
    (4)  Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).")
Power to require referendum.
237     Insert the following new Clause-- 
     (".--(1) A local authority which is operating executive arrangements must prepare and keep up to date a document (referred to in this section as their constitution) which contains--
    (a)  such information with respect to the discharge of their functions (including functions which are the responsibility of the executive) as the Secretary of State may direct,
    (b)  a copy of the authority's standing orders for the time being,
    (c)  a copy of the authority's code of conduct for the time being under section 36, and
    (d)  such other information (if any) as the authority consider appropriate.
    (2)  A local authority must ensure that copies of their constitution are available at their principal office for inspection by members of the public at all reasonable hours.")
Information with respect to discharge of functions etc.
  
Clause 24
 
  
BY THE LORD WHITTY
 
238     Page 13, line 11, leave out subsection (2) 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OR TARA
 
239     Page 13, line 13, leave out ("must") and insert ("may") 
  
BY THE BARONESS HAMWEE
 
240*     Page 13, line 22, leave out ("cases or descriptions") and insert ("categories") 
  
Clause 25
 
  
BY THE LORD WHITTY
 
241     Page 13, line 27, leave out ("of") and insert ("made by or under") 
242     Page 13, line 27, at end insert--
 
    ("(1A)  Except to the extent that regulations made by the Secretary of State under this section otherwise provide, an elected mayor of a local authority is to be treated for the purposes of the enactments relating to local government as a member and councillor of the authority.")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
243     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
 
244     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") 
245     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 29
 
  
BY THE BARONESS HANHAM
 
246     Page 14, line 20, after ("State") insert ("for the Home Department") 
  
BY THE BARONESS HAMWEE
 
247*     Page 14, line 24, at end insert ("and
    (c)  the recall of the Mayor in the event of a loss of confidence and the filling of a casual vacancy")
 
  
Clause 30
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
248     Page 15, line 7, leave out ("five") and insert ("three") 
  
BY THE BARONESS HANHAM
 
249     Page 15, line 7, at end insert--
 
    ("(  )  A local authority may not hold a referendum during the period of five years beginning with the date (if any) on which it passed a resolution under section 20(1).")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
250     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.")
 
251     Page 15, line 15, at end insert--
 
    ("(  )  Regulations made under this Part shall require that any question to be asked in referendums held under this Part shall be determined by the Electoral Commission.")
 
  
BY THE LORD WHITTY
 
252     Page 15, line 20, at end insert ("or referendums") 
253     Page 15, line 24, at end insert ("(including the publicity to be given with respect to the consequences of the referendum)") 
  
BY THE BARONESS HANHAM
 
254     Page 15, line 27, leave out paragraph (d) 
  
Clause 31
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
255     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 WHITTY
 
256     Page 16, line 6, at end insert ("unless the context otherwise requires") 
257     Page 16, leave out line 18 
258     Page 16, line 34, leave out ("of") and insert ("made by or under") 
259     Page 16, line 35, leave out ("and 16") and insert ("to 17") 
260     Page 16, line 35, after ("of") insert (", and Schedule 1 to,") 
261     Page 17, line 7, leave out ("A local authority's function with respect to") and insert ("Section 101 of the Local Government Act 1972 does not apply to the function of")1972 c. 70.
262     Page 17, line 8, leave out ("may be discharged only by the local authority") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
263     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 66
 
  
BY THE LORD WHITTY
 
264     Leave out Clause 66 and insert the following new Clause-- 
     (".--(1) The provision which may be made by regulations under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service etc) includes provision for or in connection with the provision of pensions, allowances or gratuities to or in respect of such members of an executive of a local authority as may be prescribed by the regulations.
 
    (2)  In subsection (1) "executive" and "local authority" have the same meaning as in Part II of this Act.
Allowances and pensions for certain local authority members.
1972 c. 11.
     (3)  Section 18 of the Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances for local authority members) is amended as follows.
 
    (4)  At the beginning of subsection (1) there is inserted "Subject to subsection (1A)," and after that subsection there is inserted--
        (1A)  In relation to a district council, county council, county borough council or London borough council, subsection (1) above shall have effect with the omission of paragraph (b)."
    (5)  After subsection (2) there is inserted--
        (2A)  Regulations under this section may authorise or require a scheme made by a district council, county council, county borough council or London borough council to include provision for the payment to members of the council of allowances in respect of such expenses of arranging for the care of children or dependants as are necessarily incurred in the carrying out of their duties as members."
    (6)  In subsection (3), for "and (2)" there is substituted "to (2A)".
 
    (7)  After subsection (3) there is inserted--
        (3A)  Regulations under this section may make provision for or in connection with--
      (a)  enabling district councils, county councils, county borough councils or London borough councils which are operating executive arrangements to determine which members of the executive are to be entitled to pensions, allowances or gratuities,
      (b)  treating the basic allowance and the special responsibility allowance as amounts in respect of which such pensions, allowances or gratuities are payable.
        (3B)  Regulations under this section may make provision for or in connection with requiring every district council, county council, county borough council and London borough council to establish and maintain a panel which is to have such functions in relation to allowances, or pensions, allowances or gratuities, payable to members of the council as may be prescribed by the regulations.
        (3C)  Regulations under subsection (3B) above may include provision--
      (a)  with respect to the number of persons who may or must be appointed to the panel of a council,
      (b)  with respect to the persons who may or must be appointed to the panel of a council,
      (c)  for or in connection with the appointment by councils of joint panels,
      (d)  for or in connection with enabling the panel of a council to consider and make recommendations to the council on the level of allowances payable to members of the council,
      (e)  for or in connection with enabling the panel of a council which is operating executive arrangements to consider, and make recommendations to the council on, which members of the executive are to be entitled to pensions, allowances or gratuities."
    (8)  In subsection (4), for the word "and" at the end of paragraph (b) there is substituted--
      (ba)  make provision with respect to the amendment, revocation or replacement of a scheme made by a relevant authority under the regulations; and".
    (9)  After subsection (5) there is inserted--
        (5A)  In making or operating any scheme authorised or required by regulations under this section, a district council, county council, county borough council or London borough council shall have regard to any guidance for the time being issued by the Secretary of State.
        (5B)  In this section "executive" and "executive arrangements" have the same meaning as in Part II of the Local Government Act 2000."")
1989 c. 42.
  
After Clause 66
 
  
BY THE LORD GRAHAM OF EDMONTON
 
265     Insert the following new Clause-- 
     ("  .  In section 174 of the Local Government Act 1972, at the end of subsection (2) there is inserted "save for the reimbursement of expenses actually incurred in travelling to the place of discharge of such approved duty, even though such place may be within the parish or group of parishes concerned".")Travelling allowances for members of parish or community councils.
 
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Prepared 24 January 2000