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

back to previous amendments
 
  
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).
 
    (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.
  
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*     Page 34, line 2, at end insert--
    (""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 LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
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.")
 
  
Clause 68
 
  
BY THE BARONESS YOUNG
THE LADY SALTOUN OF ABERNETHY
 
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.
  
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),")
 
 
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