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

back to previous amendments
 
  
Clause 15
 
  
BY THE LORD WHITTY
 
131     Page 8, line 24, after ("appointment") insert ("by the authority") 
132     Page 8, line 24, leave out ("ordinary") 
133     Page 8, line 25, at end insert--
 
    ("(1A)  Executive arrangements by a local authority must ensure that their overview and scrutiny committee has power (or their overview and scrutiny committees have power between them)--")
 
134     Page 8, line 26, after ("to") insert ("review or") 
135     Page 8, line 26, after ("scrutinise") insert ("decisions made, or other action taken, in connection with") 
  
BY THE BARONESS HAMWEE
 
136     Page 8, line 26, after ("scrutinise") insert ("decisions made or which may be made or other action taken or which may be taken in connection with") 
  
BY THE LORD WHITTY
 
137     Page 8, line 26, leave out ("the executive functions, and") and insert ("any functions which are the responsibility of the executive,
    (  )  to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are the responsibility of the executive,
    (  )  to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive,
    (  )  to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are not the responsibility of the executive,")
 
138     Page 8, line 29, leave out from beginning to ("on") in line 31 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
139     Page 8, line 32, at end insert (", or
    (c)  to advise the executive on the future discharge of its executive functions")
 
  
BY THE LORD WHITTY
 
140     Page 8, line 32, at end insert--
 
    ("(  )  The power of an overview and scrutiny committee under subsection (1A)(a) to review or scrutinise a decision made but not implemented includes power--
    (a)  to recommend that the decision be reconsidered by the person who made it, or
    (b)  to arrange for its function under subsection (1A)(a), so far as it relates to the decision, to be exercised by the authority.
 
          9
          10
    (  )  An overview and scrutiny committee of a local authority may not discharge any functions other than its functions under this section. 
     (  )  An overview and scrutiny committee of a local authority--
    (a)  may appoint one or more sub-committees, and
    (b)  may arrange for the discharge of any of its functions by any such sub-committee.")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
[Amendment 140A is an amendment to Amendment 140]
 
140A     Leave out lines 9 and 10 and insert--
 
    ("(  ) An overview and scrutiny committee of a local authority may discharge any functions imposed or permitted by the authority.")
 
  
BY THE BARONESS HAMWEE
 
141     Page 8, line 32, at end insert--
 
    ("(  )  The power of an overview and scrutiny committee includes power to require the executive to refer to it for consideration any proposed decision (whether a specific decision or decisions regarding any functions which are the responsibility of the executive notified to the executive by the committee).")
 
  
BY THE BARONESS HANHAM
 
142     Page 8, line 33, leave out subsection (2) 
  
BY THE BARONESS HAMWEE
 
143     Page 8, line 33, leave out subsection (2) and insert--
 
    ("(2) Not more than one-fifth of the members of an overview and scrutiny committee or sub-committee of such a committee may be members of the authority's executive.")
 
  
BY THE LORD WHITTY
 
144     Page 8, line 33, after ("authority") insert (", or a sub-committee of such a committee,") 
145     Page 8, line 34, at end insert--
 
    ("(2A)  An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority, but (subject to subsection (2C)) any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting.
 
    (2B)  An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, which has functions in relation to any education function which is the responsibility of the executive must include persons appointed--
    (a)  to represent parent governors at maintained schools in the authority's area, and
    (b)  to represent persons who appoint foundation governors for voluntary schools in the authority's area.
    (2C)  Any person appointed to an overview and scrutiny committee or sub-committee by virtue of subsection (2B) is to be entitled to vote at any meeting of the committee or sub-committee on any question which relates to any education function mentioned in that subsection and which falls to be decided at the meeting.
 
    (2D)  An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated--
 
 
    (a)  as a committee or sub-committee of a principal council for the purposes of Part VA of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and
1972 c. 70.
 
    (b)  as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.")
1989 c. 42.
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
146     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.")
 
  
BY THE LORD WHITTY
 
147     Page 8, line 41, leave out subsections (5) and (6) and insert--
 
    ("(  )  In this section--
 
 
    foundation governor" and "voluntary school" have the same meaning as in the Education Act 1996,
1996 c. 56.
 
    maintained school" and "parent governor" have the same meaning as in the School Standards and Framework Act 1998.")
1998 c. 31.
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
147A     Page 8, line 42, after ("operation") insert (", including chairing,") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
148     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.")
 
149     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.")
 
  
BY THE LORD BISHOP OF BLACKBURN
 
150     Page 9, line 2, at end insert--
 
    ("(  )  Executive arrangements by a local authority must include provision for any member of an overview and scrutiny committee to be able to require that any matter relevant to the functions of that committee be included on the agenda for discussion at a meeting of the committee.")
 
  
After Clause 15
 
  
BY THE LORD WHITTY
 
151     Insert the following new Clause-- 
     (".--(1) The Secretary of State may by regulations make provision--
    (a)  with respect to the access of the public to meetings of executives or committees of executives (including provision enabling such meetings to take place in private),
    (b)  for or in connection with requiring written records to be kept of decisions made, or other action taken, by executives, or members or committees of executives, in connection with the discharge of functions which are the responsibility of executives,
    (c)  for or in connection with requiring written records falling within paragraph (b) to include reasons,
    (d)  for or in connection with requiring written records falling within paragraph (b) to be made available to the public,
    (e)  for or in connection with the creation of offences in respect of any rights or requirements created or imposed by the regulations.
Access to meetings and information etc.
     (2)  The provision which may be made by virtue of subsection (1) includes provision which applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972.
 
    (3)  Nothing in subsection (2) affects the generality of the power under subsection (1).")
1972 c. 70.
  
BY THE LORD BISHOP OF BLACKBURN
 
152     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.
  
Schedule 1
 
  
BY THE LORD WHITTY
 
153     Page 44, line 6, leave out ("under which the executive takes the form specified in section 10(2)") and insert ("which provide for a mayor and cabinet executive") 
154     Page 44, line 11, leave out ("as his deputy") 
155     Page 44, line 11, at end insert ("to be the deputy mayor of the executive") 
156     Page 44, line 11, at end insert--
 
    ("(4)  Subject to sub-paragraph (5), the deputy mayor of the executive, unless he ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
 
    (5)  The elected mayor may, if he thinks fit, remove the deputy mayor of the executive from office.
 
    (6)  Where a vacancy occurs in the office of deputy mayor of the executive, the elected mayor must appoint another person in his place.
 
    (7)  If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor of the executive must act in his place.
 
    (8)  If for any reason--
    (a)  the elected mayor is unable to act or the office of elected mayor is vacant, and
    (b)  the deputy mayor of the executive is unable to act or the office of deputy mayor of the executive is vacant,
the executive must act in the elected mayor's place or must arrange for a member of the executive or the authority to act in his place.")
 
157     Page 44, line 14, leave out ("under which the executive takes the form specified in section 10(3)") and insert ("which provide for a leader and cabinet executive") 
158     Page 44, line 23, leave out ("under which the executive takes the form specified in section 10(4)") and insert ("which provide for a mayor and council manager executive") 
159     Page 44, line 25, leave out ("as his deputy") 
160     Page 44, line 25, leave out ("who is neither") and insert ("to be the deputy mayor of the executive.
 
    (2A)  The deputy mayor of the executive may not be--")
 
161     Page 44, line 26, after ("vice-chairman") insert ("of the authority") 
162     Page 44, line 27, at end insert--
 
    ("(2B)  Subject to sub-paragraph (2C), the deputy mayor of the executive, unless he ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
 
    (2C)  The elected mayor may, if he thinks fit, remove the deputy mayor of the executive from office.
 
    (2D)  Where a vacancy occurs in the office of deputy mayor of the executive, the elected mayor must appoint another person in his place.
 
    (2E)  If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor of the executive must act in his place.
 
    (2F)  If for any reason--
    (a)  the elected mayor is unable to act or the office of elected mayor is vacant, and
    (b)  the deputy mayor of the executive is unable to act or the office of deputy mayor of the executive is vacant,
the council manager must act in the elected mayor's place.")
 
163     Page 44, line 28, at beginning insert ("Subject to sub-paragraph (3A),") 
164     Page 44, line 31, at end insert--
 
    ("(3A)  The council manager is entitled to attend, and speak at, meetings of an overview and scrutiny committee or sub-committee of the authority only if invited or required to do so by the committee or sub-committee.")
 
165     Page 45, line 8, at end insert--
 
    ("5.--(1) The Secretary of State may by regulations make provision for or in connection with the appointment of a person (an "assistant") to provide assistance to an elected mayor.
 
    (2)  Regulations under this paragraph may include provision with respect to the terms and conditions of appointment of an assistant.
 
    (3)  Nothing in sub-paragraph (2) affects the generality of the power under sub-paragraph (1).
 
    (4)  In this paragraph "specified" means specified in regulations under this paragraph.")
 
  
After Clause 17
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
166     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.
167     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.
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 31 January 2000