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

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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") 
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") 
  
Clause 47
 
  
BY THE LORD WHITTY
 
335     Page 27, line 40, leave out ("standards committee") and insert ("monitoring officer") 
335A*     Page 28, line 3, leave out ("case") 
335B*     Page 28, line 3, after ("tribunal") insert ("falling within section 50(1)") 
336     Page 28, line 8, leave out ("a member or") and insert ("any members or co-opted") 
337     Page 28, line 11, after ("member") insert ("or co-opted member") 
  
Clause 48
 
  
BY THE LORD WHITTY
 
338     Page 28, line 18, leave out ("or on their behalf") 
339     Page 28, line 20, leave out ("a member or") and insert ("any members or co-opted") 
340     Page 28, line 27, leave out ("52(3)(b)") and insert ("52(3A)(b) or (3B)(b)") 
340A*     Page 28, line 29, leave out ("conclude") and insert ("include a recommendation") 
340B*     Page 28, line 29, after ("suspended") insert ("or partially suspended") 
341     Page 28, line 30, after ("member") insert ("or co-opted member") 
342     Page 28, line 30, leave out from second ("authority") to end of line 31 
342A*     Page 28, line 31, at end insert--
 
    ("(  )  The period of suspension or partial suspension which may be recommended under subsection (3) must not exceed six months or (if shorter) the remainder of the person's term of office.")
 
342B*     Page 28, line 32, after ("Where") insert ("an ethical standards officer produces") 
342C*     Page 28, line 32, after ("section") insert ("which") 
342D*     Page 28, line 32, leave out ("conclusion") and insert ("recommendation") 
342E*     Page 28, line 33, leave out from ("(3)") to end of line 46 and insert ("he must refer the matters which are the subject of the report to the president of the relevant Adjudication Panel for adjudication by a tribunal falling within section 50(1A).") 
343     [Withdrawn] 
343A*     Page 29, line 1, leave out ("subsection") and insert ("section") 
344     Page 29, line 2, after ("member") insert ("or co-opted member") 
344A*     Page 29, line 4, at end insert ("and
    (  )  to the president of the relevant Adjudication Panel.")
 
344B*     Page 29, line 5, leave out subsections (10) and (11) and insert--
 
    ("(10A)  Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority is a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.")
 
  
BY THE LORD DIXON-SMITH
 
     The Lord Dixon-Smith gives notice of his intention to oppose the Question that Clause 48 stand part of the Bill. 
 
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