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

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Clause 22
 
  
BY THE LORD WHITTY
 
199     Page 12, line 11, at end insert ("for or in connection with") 
200     Page 12, leave out lines 13 to 19 and insert ("which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should operate executive arrangements involving a form of executive for which a referendum is required.") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
201     Page 12, line 15, at end insert ("or cease to operate") 
  
BY THE LORD WHITTY
 
202     Page 12, line 21, leave out (", in particular,") 
203     Page 12, line 21, leave out ("as to") 
204     Page 12, line 22, at beginning insert ("as to") 
205     Page 12, line 22, leave out ("that a petition is to take") and insert ("and content of petitions (including provision for petitions in electronic form)") 
206     Page 12, line 22, at end insert-- 
           2
           3
    ("(aa)  as to the minimum number of local government electors for a local authority's area who must support any petition presented to the authority during any period specified in the regulations,
 
 
    (ab)  for or in connection with requiring the proper officer of a local authority to publish the number of local government electors for the authority's area who must support any petition presented to the authority,
    (ac)  as to the way in which local government electors for a local authority's area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),
    (ad)  as to the action which may, may not or must be taken by a local authority in connection with any petition,")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
[Amendments 206A and 206B are amendments to Amendment 206]
 
206A*     Line 2, leave out ("number") and insert ("percentage") 
206B*     Line 3, leave out ("local authority's area") and insert ("all local authorities") 
  
BY THE LORD WHITTY
 
207     Page 12, line 23, at beginning insert ("as to") 
208     Page 12, line 23, leave out ("given") and insert ("presented") 
209     Page 12, line 24, at beginning insert ("as to") 
210     Page 12, line 25, at beginning insert ("as to") 
211     Page 12, line 26, at beginning insert ("as to") 
212     Page 12, line 26, leave out ("to") and insert ("which may, may not or must") 
213     Page 12, line 26, after ("before") insert ("or in connection with") 
214     Page 12, line 27, at beginning insert ("as to") 
215     Page 12, line 27, leave out ("to") and insert ("which may, may not or must") 
216     Page 12, line 27, 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")
 
217     Page 12, line 28, leave out subsections (3) to (5) 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 sections 18, 19, 20 or (Operation of alternative arrangements).
 



         8
    (4)  The number of local government electors mentioned in subsection (2)(aa) is to be calculated at such times as may be provided by regulations,
under this section and must not exceed 5 per cent. of the number of local government electors at any of those times.
 
     (5)  Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
[Amendment 218 is an amendment to Amendment 217]
 
218     Line 8, after ("cent.") insert ("nor be less than 3 per cent.") 
  
BY THE BARONESS HANHAM
 
219     Page 12, line 34, at the end insert ("so as to provide for a different minimum proportion of the local government electors for the authority's area required under that subsection but the power under this subsection may not be exercised so as to provide for a minimum proportion of less than 5 per cent.") 
220     Page 12, line 34, 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.")
 
  
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
THE LORD TOPE
 
246A*     Page 14, line 21, at end insert--
    ("(  )  the requirements for nomination of candidates for the position of elected mayor, and")
 
246B*     Page 14, line 22, after ("mayors") insert ("or other members of an executive elected by the local government electors of the authority's area") 
246C*     Page 14, line 23, after ("mayors") insert ("or other members of an executive elected by the local government electors of the authority's area,") 
  
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")
 
 
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Prepared 25 January 2000