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

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Clause 13
 
  
BY THE LORD WHITTY
 
100     Page 7, leave out lines 10 to 19 and insert--
 
    (".--(1) Subject to any provision made under section (Discharge of functions by area committees), (Discharge of functions of and by another local authority) or (Joint exercise of functions), any functions which, under executive arrangements, are the responsibility of a leader and cabinet executive are to be discharged in accordance with this section.
 
    (2)  The executive arrangements may make provision with respect to the allocation of any functions which are the responsibility of the executive among the following persons--
    (a)  the executive,
    (b)  any members of the executive,
    (c)  any committees of the executive, and
    (d)  any officers of the authority.
    (3)  If the executive arrangements make such provision as is mentioned in subsection (2), any person to whom a function is allocated in accordance with that provision may discharge the function.
 
    (4)  If or to the extent that the functions which are the responsibility of the executive are not allocated in accordance with such provision as is mentioned in subsection (2), the executive leader--
    (a)  may discharge any of those functions, or
    (b)  may arrange for the discharge of any of those functions--")
 
101     Page 7, line 21, leave out ("single") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
102     Page 7, line 23, at end insert (", or
          (v)  by a committee of the authority")
 
  
BY THE LORD WHITTY
 
103     Page 7, line 24, leave out subsection (4) 
104     Page 7, line 30, leave out ("executive") 
105     Page 7, line 30, leave out (", or are required to be,") 
106     Page 7, line 35, leave out ("executive") 
107     Page 7, line 35, leave out (", or are required to be,") 
108     Page 7, line 36, leave out ("single") 
109     Page 7, line 37, leave out ("the single") and insert ("that") 
110     Page 7, line 39, leave out ("executive") 
111     Page 7, line 39, leave out (", or are required to be,") 
112     Page 7, line 42, at end insert--
 
    ("(  )  Where the executive leader makes any arrangements under subsection (4)(b)(i), (ii) or (iii), he may direct, at that or any subsequent time, that subsection (5), (6) or (7) (as the case may be) is not to apply to any of the functions which are the subject of those arrangements or is not to apply to any of those functions in such cases or circumstances as he may direct.")
 
113     Page 7, line 44, leave out ("single") 
114     Page 7, line 45, leave out ("single") 
115     Page 8, line 1, leave out ("single") 
116     Page 8, line 3, leave out subsection (9) and insert--
 
    ("(  )  The reference in subsection (2)(b) to the members of the executive includes a reference to the executive leader, and subsection (6) in its application for the purposes of subsection (2)(b) is to be construed accordingly.")
 
  
Clause 14
 
  
BY THE LORD WHITTY
 
117     Page 8, leave out lines 5 to 12 and insert--
 
    ("(1)  Subject to any provision made under section (Discharge of functions by area committees), (Discharge of functions of and by another local authority) or (Joint exercise of functions), the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.
 
    (2)  The executive--
    (a)  may discharge any of those functions, or
    (b)  may arrange for the discharge of any of those functions--")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
118     Page 8, line 14, at end insert (", or
          (iii)  by a committee of the authority")
 
  
BY THE LORD WHITTY
 
119     Page 8, line 15, leave out ("executive") 
120     Page 8, line 20, leave out ("executive") 
  
After Clause 14
 
  
BY THE LORD WHITTY
 
121     Insert the following new Clause-- 
     (".--(1) The Secretary of State may by regulations make provision with respect to the ways in which any functions which, under executive arrangements, are the responsibility of an executive which takes a form prescribed in regulations under section 10(5) are to be discharged.
 
    (2)  The provision which may be made by regulations under this section includes provision which applies or reproduces (with or without modifications) any provisions of section 12, 13 or 14.
 
    (3)  Nothing in subsection (2) affects the generality of the power under subsection (1).
 
    (4)  Any provision made by regulations under this section is subject to any provision made under section (Discharge of functions by area committees), (Discharge of functions of and by another local authority) or (Joint exercise of functions).")
Discharge of functions: s. 10(5) executive.
122     Insert the following new Clause-- 
          2    (".--(1) The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive by an area committee of that authority.Discharge of functions by area committees.
     (2)  Regulations under this section may impose limitations or restrictions on the arrangements which may be made by virtue of the regulations (including limitations or restrictions on the functions which may be the subject of such arrangements). 





         14
    (3)  In this section--  
    area committee", in relation to a local authority, means a committee of the authority which has functions in respect of
    part of the area of the authority and which satisfies such other conditions as may be specified,
 
         16
    "specified" means specified in regulations under this section.")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
[Amendments 123 and 124 are amendments to Amendment 122]
 
123     Line 2, leave out subsections (1) and (2) and insert--
 
    ("(  )  Nothing in this Part shall prevent a local authority or an executive of a local authority (within the meaning of this Part) arranging for the discharge of any functions which, under executive arrangements, are the responsibility of the executive, by an area committee of that authority.")
 
124     Line 14, leave out from ("authority") to end of line 16 
  
BY THE LORD WHITTY
 
125     Insert the following new Clause-- 
     (".--(1) The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority (within the meaning of this Part), or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive--Discharge of functions of and by another local authority.
 
    (a)  by another local authority (within the meaning of section 101 of the Local Government Act 1972), or
    (b)  by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.
    (2)  The Secretary of State may by regulations make provision for or in connection with enabling a local authority (within the meaning of section 101 of that Act) to arrange for the discharge of any of their functions by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.
 
    (3)  The reference in subsection (2) to the functions of a local authority, in a case where the authority is operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority's executive.
 
    (4)  Regulations under subsection (1) or (2) may include provision--
    (a)  requiring, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, the approval of the authority to such arrangements,
    (b)  which, in the case of arrangements for the discharge of any functions by a local authority, enables any of those functions to be delegated,
    (c)  which, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, enables any of those functions to be delegated.
1972 c. 70.
     (5)  The provision which may be made under subsection (4)(b) includes provision which applies or reproduces (with or without modifications) any provisions of section 101(2) to (4) of the Local Government Act 1972.
 
    (6)  The provision which may be made under subsection (4)(c) includes provision which applies or reproduces (with or without modifications) any provisions of section 12(3) to (6), 13(5) to (9) or 14(3) and (4).
 
    (7)  Nothing in subsection (4), (5) or (6) affects the generality of the power under subsection (1) or (2).
 
    (8)  In this section "specified" means specified in regulations under this section.")
1972 c. 70.
126     Insert the following new Clause-- 
     (".--(1) The Secretary of State may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.
 
    (2)  The provision which may be made under subsection (1) includes provision--
    (a)  as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,
    (b)  as to the circumstances in which--
          (i)  the authority, and
          (ii)  the executive or a committee or specified member of the executive,
      are both to be parties to the arrangements,
Joint exercise of functions.
1972 c. 70.
 
    (c)  as to the circumstances in which any functions of the local authority under section 102(1)(b), (2) or (3) of the Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,
    (d)  as to the circumstances in which any functions of the local authority under section 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,
    (e)  as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,
    (f)  as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a specified member of the executive.
    (3)  Nothing in subsection (2) affects the generality of the power under subsection (1).
 
    (4)  In this section "specified" means specified in regulations under this section.")
1972 c. 70.
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
127     Insert the following new Clause-- 
     ("  .  Nothing in this Part shall prevent a local authority or an executive of a local authority (within the meaning of this Part) arranging for the discharge of any functions which, under executive arrangements, are the responsibility of the executive--
    (a)  by another local authority (within the meaning of section 101 of the Local Government Act 1972), or
    (b)  by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.")
Discharge of functions by another local authority.
128     Insert the following new Clause-- 
     ("  .  Nothing in this Part shall prevent arrangements under section 101(5) of the Local Government Act 1972 where any of the arrangements are the responsibility of an executive of a local authority under executive arrangements.")Joint exercise of functions (No. 2).
  
BY THE BARONESS HAMWEE
 
129     Insert the following new Clause-- 
     (" . The decisions, proceedings, reports and documents of the executive and of any committee of the executive shall be subject to the provisions of Part VA of the Local Government Act 1972.")Publication of decisions, proceedings etc.
130     Insert the following new Clause-- 
     ("  .  Where the executive has arranged for the discharge of any of its functions of a type determined by the local authority by--
    (a)  a member of the executive, or
    (b)  an officer of the authority,
not less than three working days' prior notice shall be given to councillors who are not members of the executive and the provisions of Part VA of Local Government Act 1972 providing for the publication of background papers shall apply.")
Discharge of functions.
 
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