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

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Clause 30
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
248     Page 15, line 7, leave out ("five") and insert ("three") 
  
BY THE BARONESS HANHAM
 
249     Page 15, line 7, at end insert--
 
    ("(  )  A local authority may not hold a referendum during the period of five years beginning with the date (if any) on which it passed a resolution under section 20(1).")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
250     Page 15, line 15, at end insert--
 
    ("(  )  The result of any referendum held under this Part shall not be binding on the authority unless more than 40 per cent. of the electorate of the authority vote in favour of the change.")
 
251     Page 15, line 15, at end insert--
 
    ("(  )  Regulations made under this Part shall require that any question to be asked in referendums held under this Part shall be determined by the Electoral Commission.")
 
  
BY THE LORD WHITTY
 
252     Page 15, line 20, at end insert ("or referendums") 
253     Page 15, line 24, at end insert ("(including the publicity to be given with respect to the consequences of the referendum)") 
  
BY THE BARONESS HANHAM
 
254     Page 15, line 27, leave out paragraph (d) 
  
Clause 31
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
255     Page 15, line 36, at end insert--
 
    ("(  )  Before making an order under this section the Secretary of State must consult representatives of local government and of any other persons affected by the proposals.")
 
  
Clause 33
 
  
BY THE LORD WHITTY
 
256     Page 16, line 6, at end insert ("unless the context otherwise requires") 
257     Page 16, leave out line 18 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
257A*     Page 16, line 33, at end insert--
    (""referendum" means a referendum under the provisions of this Act,")
 
  
BY THE LORD WHITTY
 
258     Page 16, line 34, leave out ("of") and insert ("made by or under") 
259     Page 16, line 35, leave out ("and 16") and insert ("to 17") 
260     Page 16, line 35, after ("of") insert (", and Schedule 1 to,") 
261     Page 17, line 7, leave out ("A local authority's function with respect to") and insert ("Section 101 of the Local Government Act 1972 does not apply to the function of")1972 c. 70.
262     Page 17, line 8, leave out ("may be discharged only by the local authority") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
263     Page 17, line 9, at end insert--
 
    ("(  )  Nothing in this Part shall prevent, in the case of a London borough, the person who is referred to in Part 1 of Schedule 2 to the Local Government Act 1972 as the Mayor of the borough from using the title and style of Mayor.")
 
  
Clause 66
 
  
BY THE LORD WHITTY
 
264     Leave out Clause 66 and insert the following new Clause-- 
     (".--(1) The provision which may be made by regulations under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service etc) includes provision for or in connection with the provision of pensions, allowances or gratuities to or in respect of such members of an executive of a local authority as may be prescribed by the regulations.
 
    (2)  In subsection (1) "executive" and "local authority" have the same meaning as in Part II of this Act.
Allowances and pensions for certain local authority members.
1972 c. 11.
     (3)  Section 18 of the Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances for local authority members) is amended as follows.
 
    (4)  At the beginning of subsection (1) there is inserted "Subject to subsection (1A)," and after that subsection there is inserted--
        (1A)  In relation to a district council, county council, county borough council or London borough council, subsection (1) above shall have effect with the omission of paragraph (b)."
    (5)  After subsection (2) there is inserted--
        (2A)  Regulations under this section may authorise or require a scheme made by a district council, county council, county borough council or London borough council to include provision for the payment to members of the council of allowances in respect of such expenses of arranging for the care of children or dependants as are necessarily incurred in the carrying out of their duties as members."
    (6)  In subsection (3), for "and (2)" there is substituted "to (2A)".
 
    (7)  After subsection (3) there is inserted--
        (3A)  Regulations under this section may make provision for or in connection with--
      (a)  enabling district councils, county councils, county borough councils or London borough councils which are operating executive arrangements to determine which members of the executive are to be entitled to pensions, allowances or gratuities,
      (b)  treating the basic allowance and the special responsibility allowance as amounts in respect of which such pensions, allowances or gratuities are payable.
        (3B)  Regulations under this section may make provision for or in connection with requiring every district council, county council, county borough council and London borough council to establish and maintain a panel which is to have such functions in relation to allowances, or pensions, allowances or gratuities, payable to members of the council as may be prescribed by the regulations.
        (3C)  Regulations under subsection (3B) above may include provision--
      (a)  with respect to the number of persons who may or must be appointed to the panel of a council,
      (b)  with respect to the persons who may or must be appointed to the panel of a council,
      (c)  for or in connection with the appointment by councils of joint panels,
      (d)  for or in connection with enabling the panel of a council to consider and make recommendations to the council on the level of allowances payable to members of the council,
      (e)  for or in connection with enabling the panel of a council which is operating executive arrangements to consider, and make recommendations to the council on, which members of the executive are to be entitled to pensions, allowances or gratuities."
    (8)  In subsection (4), for the word "and" at the end of paragraph (b) there is substituted--
      (ba)  make provision with respect to the amendment, revocation or replacement of a scheme made by a relevant authority under the regulations; and".
    (9)  After subsection (5) there is inserted--
        (5A)  In making or operating any scheme authorised or required by regulations under this section, a district council, county council, county borough council or London borough council shall have regard to any guidance for the time being issued by the Secretary of State.
        (5B)  In this section "executive" and "executive arrangements" have the same meaning as in Part II of the Local Government Act 2000."")
1989 c. 42.
  
After Clause 66
 
  
BY THE LORD GRAHAM OF EDMONTON
 
265     Insert the following new Clause-- 
     ("  .  In section 174 of the Local Government Act 1972, at the end of subsection (2) there is inserted "save for the reimbursement of expenses actually incurred in travelling to the place of discharge of such approved duty, even though such place may be within the parish or group of parishes concerned".")Travelling allowances for members of parish or community councils.
  
Clause 34
 
  
BY THE LORD WHITTY
 
266     Page 17, line 14, after ("members") insert ("and co-opted members") 
267     Page 17, line 16, after ("members") insert ("and co-opted members") 
268     Page 18, line 6, at end insert--
 
    ("(6)  In this Part "co-opted member", in relation to a relevant authority, means a person who is not a member of the authority but who--
    (a)  is a member of any committee or sub-committee of the authority, or
    (b)  is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,
and who is entitled to vote on any question which falls to be decided at any meeting of that committee or sub-committee.")
 
  
Clause 35
 
  
BY THE LORD WHITTY
 
269     Page 18, line 8, after ("members") insert ("and co-opted members") 
270     Page 18, line 11, after ("members") insert ("and co-opted members") 
271     Page 18, line 36, after ("concerned") insert ("or the Partnership Council (as the case may be)") 
  
Clause 36
 
  
BY THE LORD WHITTY
 
272     Page 18, line 44, after ("members") insert ("and co-opted members") 
273     Page 19, line 16, after ("members") insert ("and co-opted members") 
274     Page 19, line 29, at end insert--
          ("(iii)  specifies the address of their principal office, and")
 
  
Clause 37
 
  
BY THE LORD DIXON-SMITH
 
274A*     Page 20, line 13, at end insert (", subject to subsections (6) to (8)") 
  
BY THE LORD WHITTY
 
275     Page 20, line 13, at end insert--
 
    ("(  )  A person elected as a member of a relevant authority to which section 83 of that Act does not apply may not act in that office unless he has given the authority a written undertaking that in performing his functions he will observe the authority's existing code of conduct under section 36.")
 
276     Page 20, line 15, at end insert ("after a member of the authority has begun to act in that office") 
277     Page 20, line 16, leave out ("each member of the authority") and insert ("he") 
  
BY THE LORD DIXON-SMITH
 
277A*     Page 20, line 22, at end insert (", subject to subsections (6) to (8)") 
  
BY THE LORD WHITTY
 
278     Page 20, line 22, at end insert--
 
    ("(  )  Any person appointed as a co-opted member of a relevant authority may not act as such unless he has given the authority a written undertaking that in performing his functions he will observe the authority's existing code of conduct under section 36.
 
    (  )  Where a relevant authority adopts or revises a code of conduct under section 36 after a co-opted member of the authority has begun to act as such--
    (a)  he must, before the end of the period of two months beginning with the date on which the code of conduct is adopted or revised, give to the authority a written undertaking that in performing his functions he will observe the code or revised code, and
    (b)  if he fails to do so, he is to cease to be a co-opted member of the authority at the end of that period.")
 
279     Page 20, line 30, after ("members") insert ("and co-opted members") 
280     Page 20, line 33, after ("members") insert ("and co-opted members") 
  
BY THE LORD DIXON-SMITH
 
280A*     Page 20, line 36, at end insert--
 
    ("(6)  A member required to vacate his office under subsection (2)(b) or (3)(b) may appeal to the Standards Board for England, or the Standards Board for Wales, as the case may be, for a decision that he may remain in office on the grounds that any of the following are in his case unreasonable or oppressive--
    (a)  the relevant code of conduct;
    (b)  the size, composition, or terms of reference of the standards committee of the authority of which he is a member;
    (c)  the provisions, if any, made under section 38(5) or section 38(6), as the case may be;
    (d)  the regulations, if any, made under section 39(4) or section 39(5), as the case may be.
    (7)  A member appealing under subsection (6) shall remain in office until his appeal has been determined by the relevant Standards Board, who shall give written reasons for their decision.
 
    (8)  If his appeal under subsection (6) is rejected the member shall vacate his office on the day following the issue of such decision; if his appeal is upheld his office shall not become vacant under this section.")
 
  
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") 
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.")
 
 
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Prepared 25 January 2000