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

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Clause 38
 
  
BY THE LORD WHITTY
 
281     Page 20, line 38, at beginning insert ("Subject to subsection (1A),") 
282     Page 20, line 38, leave out ("local") and insert ("relevant") 
283     Page 20, line 40, leave out ("section 39") and insert ("this Part") 
284     Page 20, line 40, at end insert--
 
    ("(1A)  Subsection (1) does not apply to a parish council or community council.")
 
285     Page 20, line 41, leave out ("local") and insert ("relevant") 
286     Page 20, line 43, leave out ("subsection (5)(a))") and insert ("any provision made by virtue of subsection (5)(a) or (6)(a))") 
287     Page 20, line 44, leave out ("local") and insert ("relevant") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
287A     Page 21, line 1, leave out ("one person who is not a member, or an officer,") and insert ("a majority of persons who are not members or officers") 
  
BY THE LORD WHITTY
 
288     Page 21, line 2, leave out ("local") and insert ("relevant") 
289     Page 21, line 3, leave out ("local") and insert ("relevant") 
290     Page 21, line 8, leave out ("local") and insert ("relevant") 
291     Page 21, line 16, leave out ("local") and insert ("relevant") 
292     Page 21, line 20, leave out from second ("of") to end of line 21 and insert ("such committees") 
293     Page 21, line 21, at end insert--
 
    ("(6A)  The Standards Board for England--
    (a)  may issue guidance with respect to the size and composition of standards committees of local authorities in England, and
    (b)  must send a copy of any such guidance to the Secretary of State.
    (6B)  The Standards Board for Wales--
    (a)  may issue guidance with respect to the size and composition of standards committees of local authorities in Wales, and
    (b)  must send a copy of any such guidance to the National Assembly for Wales.")
 
294     Page 21, line 22, leave out ("local") and insert ("relevant") 
295     Page 21, line 24, leave out ("local") and insert ("relevant") 
296     Page 21, line 29, leave out subsection (9) 
  
BY THE LORD DIXON-SMITH
 
296A     Page 21, line 38, leave out subsection (10) 
  
BY THE LORD WHITTY
 
297     Page 21, line 38, after ("committee") insert ("of a relevant authority") 
  
BY THE BARONESS BYFORD
 
297A     Page 21, line 40, at end insert--
 
    ("(  ) Nothing in this section has the effect of abolishing existing parish council powers and delegated functions.")
 
  
Clause 39
 
  
BY THE LORD WHITTY
 
298     Page 21, line 41, leave out ("local") and insert ("relevant") 
299     Page 21, line 44, after ("members") insert ("and co-opted members") 
300     Page 22, line 1, after ("members") insert ("and co-opted members") 
301     Page 22, line 4, leave out ("local") and insert ("relevant") 
302     Page 22, line 8, after ("members") insert ("and co-opted members") 
303     Page 22, line 9, leave out from ("conduct") to end of line 10 
304     Page 22, line 11, leave out ("local") and insert ("relevant") 
305     Page 22, line 14, leave out ("local") and insert ("relevant") 
306     Page 22, line 17, leave out ("local") and insert ("relevant") 
  
After Clause 39
 
  
BY THE LORD WHITTY
 
307     Insert the following new Clause-- 
     (".--(1) A standards committee of a district council is to have the same functions in relation to--
    (a)  the parish councils for which the district council are the responsible authority, and
    (b)  the members of those parish councils,
as the standards committee has under section 39(1) and (2) in relation to the district council and the members of the district council.
 
    (2)  A standards committee of a unitary county council is to have the same functions in relation to--
    (a)  the parish councils for which the county council are the responsible authority, and
    (b)  the members of those parish councils,
as the standards committee has under section 39(1) and (2) in relation to the county council and the members of the county council.
 
    (3)  A standards committee of a district council or unitary county council may appoint a sub-committee for the purpose of discharging all of the functions conferred on the standards committee by this section.
 
    (4)  In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge the functions conferred by this section, a district council or unitary county council must consult the parish councils for which they are the responsible authority.
 
    (5)  The number of members of a sub-committee of a standards committee of a district council or unitary county council, and the terms of office of those members, are to be fixed by the standards committee after consultation with the parish councils for which the district council or unitary county council are the responsible authority.
 
    (6)  Where the standards committee of a district council or unitary county council discharges the functions conferred by this section, the standards committee--
    (a)  must include at least one member of any of the parish councils for which the district council or unitary county council are the responsible authority, and
    (b)  must ensure that at least one person falling within paragraph (a) is present at any meeting of the committee when matters relating to those parish councils, or the members of those parish councils, are being considered.
    (7)  Where a sub-committee of the standards committee of a district council or unitary county council discharges the functions conferred by this section, the sub-committee must include--
    (a)  at least one member of the standards committee who falls within section 38(3)(b), and
    (b)  at least one member of any of the parish councils for which the district council or unitary county council are the responsible authority.
    (8)  Regulations under section 38(5)(a) and (c) may make provision in relation to sub-committees appointed under this section, and regulations under section 38(5)(b) may make provision as to the appointment of persons falling within subsection (6)(a) or (7)(a) or (b) of this section.
 
    (9)  Subsections (6A), (7), (8) and (10) of section 38 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees.
 
    (10)  Subsections (4) and (6) of section 39 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees.
 
    (11)  In relation to a parish council, any reference in the following provisions of this Part to the standards committee of a relevant authority is a reference--
    (a)  to the standards committee of the district council or unitary county council which is the responsible authority in relation to the parish council, or
    (b)  where that standards committee has appointed a sub-committee under this section, to that sub-committee.
    (12)  A district council or unitary county council is the responsible authority--
    (a)  in relation to a parish council which is not a common parish council, if the parish is situated within the area of the district council or county council,
    (b)  in relation to a parish council which is a common parish council--
          (i)  if the parishes in the group are wholly situated within that area, or
          (ii)  where that is not the case, if the greatest number of local government electors for the parishes in the group is situated in that area.
    (13)  In this section "unitary county council" means the council of a county in which there are no district councils.")
Standards committees or sub-committees for parish councils.
  
Clause 40
 
  
BY THE LORD WHITTY
 
308     Page 22, line 37, at end insert ("under this subsection") 
309     Page 22, line 42, leave out ("their members") and insert ("the members and co-opted members of such authorities") 
310     Page 22, line 42, at end insert (", and
    (c)  may arrange for any such guidance to be made public")
 
311     Page 22, line 45, at end insert ("under this subsection") 
312     Page 23, line 5, leave out ("their members") and insert ("the members and co-opted members of such authorities") 
313     Page 23, line 5, at end insert (", and
    (c)  may arrange for any guidance so issued to be made public")
 
  
Schedule 3
 
  
BY THE LORD WHITTY
 
314     Page 46, line 23, leave out from ("person") to ("an") and insert ("may not be employed as") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
314A     Page 46, line 26, after ("is") insert ("or has within the previous three years been") 
  
BY THE LORD WHITTY
 
315     Page 46, line 27, leave out ("(by co-option) of a committee") and insert ("of a committee, sub-committee, joint committee or joint sub-committee") 
315A     Page 47, line 20, leave out ("case") 
315B     Page 47, line 23, leave out ("case") 
315C     Page 47, line 27, leave out ("case") 
316     Page 47, line 41, leave out ("Secretary of State") and insert ("National Assembly for Wales") 
317     Page 48, line 36, leave out ("local") and insert ("relevant") 
318     Page 48, line 36, leave out ("(or a member by co-option of a committee)") 
319     Page 48, line 37, at end insert ("or
    (b)  a member of a committee, sub-committee, joint committee or joint sub-committee of that authority")
 
  
Clause 41
 
  
BY THE LORD WHITTY
 
320     Page 23, line 9, leave out ("members") and insert ("co-opted member") 
321     Page 23, line 10, leave out first ("have") and insert ("has") 
322     Page 23, line 16, leave out ("members") and insert ("co-opted member") 
323     Page 23, line 16, leave out ("have") and insert ("has") 
  
BY THE LORD DIXON-SMITH
 
323A     Page 23, line 20, at end insert--
 
    ("(5)  The relevant Standards Board shall give written reasons for any decision that an allegation should not be investigated.")
 
  
Clause 42
 
  
BY THE LORD WHITTY
 
324     Page 23, line 26, leave out ("members") and insert ("co-opted member") 
325     Page 23, line 26, leave out ("have") and insert ("has") 
326     Page 23, line 34, leave out ("members") and insert ("co-opted member") 
327     Page 23, line 34, leave out first ("have") and insert ("has") 
328     Page 24, line 4, leave out ("standards committee") and insert ("monitoring officer") 
329     Page 24, line 7, after ("referred") insert ("to") 
329A     Page 24, line 8, leave out ("case") 
329B     Page 24, line 8, at end insert ("falling within section 50(1)") 
  
Clause 43
 
  
BY THE LORD WHITTY
 
330     Page 24, line 11, after ("member") insert ("or co-opted member") 
330A     Page 24, line 14, at end insert--
 
    ("(2A)  An ethical standards officer to whom an investigation under section 42 is assigned may--
    (a)  cease the investigation at any stage before its completion, and
    (b)  refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned.")
 
331     Page 24, line 16, leave out ("members") and insert ("co-opted member") 
  
BY THE LORD DIXON-SMITH
 
331A     Page 24, line 16, after ("members") insert (", or to a former member or members,") 
331B     Page 24, line 17, leave out from ("if") to end of line 
  
BY THE LORD WHITTY
 
332     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
 
333     Page 25, line 12, leave out ("members") and insert ("co-opted member") 
334     Page 25, line 27, leave out ("members") and insert ("co-opted member") 
  
Clause 46
 
  
BY THE LORD WHITTY
 
334A     Page 26, line 32, leave out ("case") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
334B     Page 26, line 40, leave out from ("Kingdom") to end of line 41 
334C     Page 26, line 41, at end insert--
    ("(  )  the disclosure has been ordered by a court of competent jurisdiction,")
 
 
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Prepared 31 January 2000