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

back to previous amendments
 
  
After Clause 52
 
  
BY THE LORD WHITTY
 
358     Insert the following new Clause-- 
     (".--(1) Any case tribunal which gives notice to a standards committee of a relevant authority under section 52 may also make recommendations to the authority about any matters relating to--
    (a)  the exercise of the authority's functions,
    (b)  the authority's code of conduct, or
    (c)  the authority's standards committee.
    (2)  A case tribunal must send a copy of any recommendations it makes under subsection (1) to the relevant Standards Board.
 
    (3)  A relevant authority to whom recommendations are made under subsection (1) must consider the recommendations and, within a period of three months beginning with the day on which the recommendations are received, prepare a report for the relevant Standards Board giving details of what action the authority have taken or are proposing to take as a result of the recommendations.
 
    (4)  A relevant authority's function of considering a report under subsection (3) must be discharged only by the authority or by the standards committee of that authority.
 
    (5)  If the relevant Standards Board is not satisfied with the action the relevant authority has taken or proposes to take in relation to the recommendations, the Board may require the authority to publish a statement giving details of the recommendations made by the tribunal and of the authority's reasons for not fully implementing the recommendations.
 
    (6)  In this section "the relevant Standards Board" means--
    (a)  the Standards Board for England where the relevant authority concerned is in England,
    (b)  the Standards Board for Wales where the relevant authority concerned is in Wales.")
Recommendations by case tribunals.
  
Clause 53
 
  
BY THE LORD WHITTY
 
359     Leave out Clause 53 and insert the following new Clause-- 
     (".--(1) Every relevant authority must establish and maintain a register of interests of the members and co-opted members of the authority.
 
    (2)  The mandatory provisions of the model code applicable to each relevant authority ("the mandatory provisions") must require the members and co-opted members of each authority to register in that authority's register maintained under subsection (1) such financial and other interests as are specified in the mandatory provisions.
 
    (3)  The mandatory provisions must also--
    (a)  require any member or co-opted member of a relevant authority who has an interest specified in the mandatory provisions under subsection (2) to disclose that interest before taking part in any business of the authority relating to that interest,
    (b)  make provision for preventing or restricting the participation of a member or co-opted member of a relevant authority in any business of the authority to which an interest disclosed under paragraph (a) relates.
    (4)  Any participation by a member or co-opted member of a relevant authority in any business which is prohibited by the mandatory provisions is not a failure to comply with the authority's code of conduct if the member or co-opted member has acted in accordance with a dispensation from the prohibition granted by the authority's standards committee in accordance with regulations made under subsection (5).
 
          24    (5)  The Secretary of State may prescribe in regulations the circumstances in which standards committees may grant dispensations under subsection (4). 
     (6)  Every register maintained under this section must be published and made available for public inspection.
 
    (7)  The interests which may be specified under subsection (2) in relation to a member or co-opted member of a relevant authority may include any interests of that member's spouse or partner or any member of that member's household.
 
    (8)  In this section "partner", in relation to a member or co-opted member of a relevant authority, means a person to whom the member is not married but with whom the member lives as husband or wife.
 
    (9)  The duty of a relevant authority under subsection (1) is to be discharged by the monitoring officer of the relevant authority.")
Disclosure and registration of members' interests etc.
  
BY THE BARONESS HAMWEE
THE LORD TOPE
[Amendment 359A is an amendment to Amendment 359]
 
359A     Line 24, after ("may") insert (", after consultation with such representatives of local government as he considers appropriate,") 
  
Clause 55
 
  
BY THE LORD WHITTY
 
360     Page 33, line 37, at end insert--
    (""co-opted member" has the meaning given by section 34(6),")
 
360A     Page 33, line 44, at end insert--
    (""interim case tribunal" has the meaning given by section 50(1A),")
 
361     Page 34, leave out lines 1 and 2 
  
BY THE LORD DIXON-SMITH
 
361A    (""member" is to be construed as including the elected mayor, if any, of a relevant authority,") 
  
BY THE LORD WHITTY
 
362     Page 34, line 12, at end insert--
 
    ("(2)  In relation to a parish council, the functions of a monitoring officer under any provisions of this Part are to be discharged by the monitoring officer of the district council or unitary county council which is the responsible authority in relation to that parish council; and any reference in this Part to the monitoring officer of a relevant authority which is a parish council is to be construed accordingly.
 
    (3)  Subsections (12) and (13) of section (Standards committees or sub-committees for parish councils) apply for the purposes of subsection (2) of this section as they apply for the purposes of that section.")
 
  
After Clause 62
 
  
BY THE LORD DIXON-SMITH
 
362A     Insert the following new Clause-- 
     (".--(1)  Where a Councillor or Council employee has gained personally at the expense of the taxpayer he may be ordered to repay in full the financial loss suffered by the taxpayer.
 
    (2)  An order under subsection (1) ("a Compensation order") may be made by either a case tribunal or by the High Court.")
Compensation orders.
  
Clause 58
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
362B     Page 35, line 11, leave out from ("order") to end of line 13 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE BARONESS HAMWEE
 
363     Page 35, line 40, at end insert--
 
    ("(8)  No order may be made under this section unless the Secretary of State has consulted the particular authority or authorities concerned in the order and has obtained their agreement to the scheme to be made in the order.")
 
  
BY THE BARONESS HANHAM
 
364     Page 35, line 40, at end insert--
 
    ("(  )  An order may not be laid before Parliament unless a draft of the order in substantially the same form as it is so laid has been sent to the specified Council and there has elapsed a period of at least 72 days beginning with the date on which it was sent.")
 
  
After Clause 60
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
364A     Insert the following new Clause-- 
     ("  .  The Secretary of State shall establish a commission which shall within one year of the enactment of this Act report on electoral systems for election to local authorities.")Commission on electoral systems for local authority elections.
  
Clause 64
 
  
BY THE BARONESS HAMWEE
THE BARONESS MADDOCK
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 64 stand part of the Bill. 
  
Clause 65
 
  
BY THE BARONESS HAMWEE
THE BARONESS MADDOCK
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 65 stand part of the Bill. 
  
Clause 68
 
  
BY THE BARONESS YOUNG
THE LADY SALTOUN OF ABERNETHY
THE LORD AHMED
THE LORD WADDINGTON
 
365     Leave out Clause 68 and insert the following new Clause-- 
     ("  .  In section 2A of the Local Government Act 1986 (prohibition on promoting homosexuality by teaching or by publishing material), at the end of subsection (2) there is inserted--
    ; or
    (b)  prevent the headteacher or governing body of a maintained school, or a teacher employed by a maintained school, from taking steps to prevent any form of bullying".")
Prohibition on promotion of homosexuality: bullying.
  
BY THE LORD CAMPBELL OF ALLOWAY
 
365A     Leave out Clause 68 and insert the following new Clause-- 
     (".--(1) For section 2A of the Local Government Act 1986 there is substituted-- 
 Provision as to teaching homosexuality and treatment of homosexuals.     2A.--(1) A local authority shall not cause or permit-- 
  
    (a)  the teaching in any maintained school that a homosexual relationship is an acceptable family relationship, or the provision of any material in such schools published for such purpose, or
 
  
    (b)  disparity of treatment in favour of homosexuals as regards the provision of services and facilities generally available; save as to counselling, health care and education, and treatment and prevention of the spread of disease.
 
  (2)  In any proceedings in connection with the application of this section a court shall draw such inferences as to the intention of the local authority as may reasonably be drawn from the evidence before it.
 
(3)  In subsection (1)(a) "maintained school" means a maintained school or maintained nursery school within the meaning of the School Standards and Framework Act 1998."
 
      (2)  In section 12(3) of that Act, after "Part II" there is inserted "(other than section 2A)".") 
  
After Clause 68
 
  
BY THE LORD BRIGHTMAN
THE LORD QUIRK
THE LORD NORTHBOURNE
THE LORD MORAN
 
366     Insert the following new Clause-- 
      ("  .--(1)  Subject to the general principle set out in section 1(a) of the Family Law Act 1996, a local authority shall not encourage, or publish material intended to encourage, the adoption of any particular sexual life style.
 
    (2)  The prohibition in subsection (1) applies to teaching in any educational establishment maintained by a local authority.
 
    (3)  This section does not prohibit the provision for young persons of sex education or counselling services on sexual behaviour and associated health risks.")
Prohibition on the promotion of sexual life styles.
  
Clause 69
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
367     Page 41, line 38, leave out (", authorities") 
  
BY THE LORD WHITTY
 
368     Page 42, line 8, after ("section") insert (" 3(3),") 
  
BY THE BARONESS HANHAM
 
369     Page 42, line 9, leave out ("or 34") and insert (", 34 or 58") 
  
BY THE LORD WHITTY
 
370     Page 42, line 9, after (" 10(5)") insert (", (Alternative arrangements)") 
  
Schedule 4
 
  
BY THE LORD WHITTY
 
371     Page 50, line 28, leave out ("52") and insert (" 52(3A)(a)(i) or (ii)") 
372     Page 50, line 33, at end insert-- 
 ("Local Government Act 1974 (c. 7) 
      . In section 30 of the Local Government Act 1974 (reports on investigation by Local Commissioner)--
    (a)  in subsection (3), the words "except where subsection (3A) below applies" are omitted,
    (b)  subsection (3A) is omitted.")
 
373     Page 50, line 34, at end insert-- 
      (".--(1) Section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer) is amended as follows.
 
    (2)  In subsection (1), before "the officer so" there is inserted "subject to subsection (1A) below".
 
    (3)  After that subsection there is inserted--
 
    (1A)  The officer designated under subsection (1) above by a relevant authority to which this subsection applies may not be that authority's head of paid service.
 
    (1B)  Subsection (1A) above applies to the following relevant authorities in England and Wales--
    (a)  a county council,
    (b)  a county borough council,
    (c)  a district council,
    (d)  a London borough council,
    (e)  the Greater London Authority,
    (f)  the Common Council of the City of London in its capacity as a local authority or police authority, and
    (g)  the Council of the Isles of Scilly."
 
     (4)  In subsection (8), in paragraph (a) of the definition of "relevant authority", for "(j)" there is substituted "(k)".
 
    . Sections 31 and 32(1) of that Act (National Code of Local Government Conduct) are omitted.")
1989 c. 42.
374     Page 50, line 35, leave out ("the Local Government and Housing Act 1989") and insert ("that Act")1989 c. 42.
374A     Page 50, line 42, column 2, after ("tribunal") insert ("or interim case tribunal") 
  
Schedule 5
 
  
BY THE LORD WHITTY
 
375     Page 51, line 8, at end insert-- 
 
("1974 c. 7.Local Government Act 1974.In section 30, in subsection (3), "except where subsection (3A) below applies" and subsection (3A).")
 
376     Page 51, line 13, column 3, after ("Sections") insert ("31, 32(1) and") 
  
Clause 72
 
  
BY THE LORD GRAHAM OF EDMONTON
 
377     Page 42, line 30, at end insert--
    ("(  )  section (Travelling allowances for members of parish or community councils),")
 
 
back to previous page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 31 January 2000