House of Lords portcullis
House of Lords
Session 1999-2000
Publications on the internet
Other Bills before Parliament
Amendments to the Local Government Bill [H.L.]

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

Here you can browse the Amendments to the Local Government Bill [H.L.] to be moved on Report in the House of Lords.

  
Clause 3
 
  
BY THE LORD WHITTY
 
     Page 2, line 34, at end insert--
 
    ("(  )  Before making an order under subsection (3), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.")
 
  
Clause 19
 
  
BY THE LORD WHITTY
 
     Page 13, line 6, at end insert--
 
    ("(  )  Executive arrangements by a local authority must include provision which enables--
    (a)  any member of an overview and scrutiny committee of the authority to ensure that any matter which is relevant to the functions of the committee is included in the agenda for, and is discussed at, a meeting of the committee, and
    (b)  any member of a sub-committee of such a committee to ensure that any matter which is relevant to the functions of the sub-committee is included in the agenda for, and is discussed at, a meeting of the sub-committee.")
 
     Page 13, line 12, leave out ("subsection (9)") and insert ("any provision made by or under paragraphs 6 to 8 of Schedule 1") 
     Page 13, line 15, leave out subsections (8) and (9) 
     Page 13, line 42, leave out subsection (13) 
  
Clause 20
 
  
BY THE LORD WHITTY
 
     Leave out Clause 20 and insert the following new Clause-- 
     ("  .--(1) Meetings of a local authority executive, or a committee of such an executive, are to be open to the public or held in private.
 
    (2)  Subject to regulations under subsection (9), it is for a local authority executive to decide which of its meetings, and which of the meetings of any committee of the executive, are to be open to the public and which of those meetings are to be held in private.
 
    (3)  A written record must be kept of prescribed decisions made at meetings of local authorities executives, or committees of such executives, which are held in private.
 
    (4)  A written record must be kept of prescribed decisions made by individual members of local authority executives.
 
    (5)  Written records under subsection (3) or (4) must include reasons for the decisions to which they relate.
 
    (6)  Written records under subsection (3) and (4), together with such reports, background papers or other documents as may be prescribed, must be made available to members of the public in accordance with regulations made by the Secretary of State.
 
    (7)  Regulations under subsection (6) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.
 
    (8)  The Secretary of State may by regulations make provision--
    (a)  with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),
    (b)  for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,
    (c)  for or in connection with requiring written records falling within paragraph (b) to include reasons,
    (d)  for or in connection with requiring any such written records to be made available to members of the public,
    (e)  for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.
    (9)  The Secretary of State may by regulations make provision--
    (a)  as to the circumstances in which the whole or part of the proceedings at meetings mentioned in subsection (2) are to be held in private,
    (b)  with respect to the information which is to be included in written records kept by virtue of this section,
    (c)  with respect to the reasons which are to be included in any such written records,
    (d)  with respect to the persons who are to produce, keep or make available any such written records,
    (e)  for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
    (f)  for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
    (g)  for or in connection with requiring information to be made available by electronic means,
    (h)  for or in connection with conferring rights on members of the public, members of local authorities or overview and scrutiny committees or sub-committees in relation to records or documents,
    (i)  for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section.
    (10)  In this section--
Access to information etc.
 
    joint committee" means a joint committee falling within section 101(5)(a) of the Local Government Act 1972,
    prescribed" means prescribed by regulations made by the Secretary of State.")
1972 c. 70.
  
Clause 30
 
  
BY THE LORD WHITTY
 
     Page 19, line 24, leave out ("must not exceed") and insert ("(unless such regulations otherwise provide) is to be") 
     Page 19, line 25, leave out ("any") and insert ("each") 
  
Clause 84
 
  
BY THE LORD WHITTY
 
     Page 57, line 31, at end insert ("or paragraph 6 of Schedule 1)") 
  
Schedule 1
 
  
BY THE LORD WHITTY
 
     Page 61, line 10, at end insert-- 
 ("Overview and scrutiny committees: education functions 
     6.--(1) In this paragraph "relevant English authority" means a local authority in England which is a local education authority.
 
    (2)  This paragraph applies to an overview and scrutiny committee of a relevant English authority if the committee's functions under section 19 relate wholly or partly to any education functions which are the responsibility of the authority's executive.
 
    (3)  This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant English authority if the sub-committee's functions under section 19 relate wholly or partly to any education functions which are the responsibility of the authority's executive.
 
    (4)  An overview and scrutiny committee or sub-committee to which this paragraph applies must include--
    (a)  one or more persons appointed as representatives of the persons who appoint foundation governors for Church of England schools in the area of the authority concerned, and
    (b)  one or more persons appointed as representatives of the persons who appoint foundation governors for Roman Catholic Church schools in the area of the authority concerned.
    (5)  A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (4) is to be entitled to vote at a meeting of the committee or sub-committee on any question--
    (a)  which relates to any education functions which are the responsibility of the authority concerned's executive, and
    (b)  which falls to be decided at the meeting.
    (6)  The Secretary of State may by directions to a relevant English authority require any of the authority's overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for such of the foundation or voluntary schools in the authority's area which are not Church of England schools or Roman Catholic Church schools as may be specified in the directions.
 
    (7)  Directions under sub-paragraph (6) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
 
    7.--(1) In this paragraph "relevant Welsh authority" means a local authority in Wales which is a local education authority.
 
    (2)  This paragraph applies to an overview and scrutiny committee of a relevant Welsh authority if the committee's functions under section 19 relate wholly or partly to any education functions which are the responsibility of the authority's executive.
 
    (3)  This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant Welsh authority if the sub-committee's functions under section 19 relate wholly or partly to any education functions which are the responsibility of the authority's executive.
 
    (4)  An overview and scrutiny committee or sub-committee to which this paragraph applies must include one or more persons appointed as representatives of the persons who appoint foundation governors for the foundation or voluntary schools in the authority concerned's area which are specified in directions made by the National Assembly for Wales as schools which have a character connected with a particular religion, or particular religious denomination, specified in the directions.
 
    (5)  Sub-paragraph (4) does not apply if there are no foundation or voluntary schools in the authority concerned's area which are specified in directions under that sub-paragraph.
 
    (6)  A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (4) is to be entitled to vote at a meeting of the committee or sub-committee on any question--
    (a)  which relates to any education functions which are the responsibility of the authority concerned's executive, and
    (b)  which falls to be decided at the meeting.
    (7)  The National Assembly for Wales may by directions to a relevant Welsh authority require any of the authority's overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for such of the foundation or voluntary schools in the authority's area which are not specified in directions under sub-paragraph (4) as may be specified in directions under this sub-paragraph.
 
    (8)  Directions under sub-paragraph (7) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
 
    8.--(1) In this paragraph "relevant authority" means a local authority which is a local education authority.
 
    (2)  This paragraph applies to an overview and scrutiny committee of a relevant authority if the committee's functions under section 19 relate wholly or partly to any education functions which are the responsibility of the authority's executive.
 
    (3)  This paragraph also applies to a sub-committee of an overview and scrutiny committee of a relevant authority if the sub-committee's functions under section 19 relate wholly or partly to any education functions which are the responsibility of the authority's executive.
 
    (4)  The Secretary of State may by regulations require an overview and scrutiny committee or sub-committee to which this paragraph applies to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools in the area of the relevant authority concerned.
 
    (5)  Regulations under this paragraph may make provision for--
    (a)  the number of persons who are to be elected in the case of any relevant authority,
    (b)  the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election,
    (c)  the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected,
    (d)  the term of office of persons so elected and their voting rights,
    (e)  the application to any such committee or sub-committee, with or without any modification, of any enactment relating to committees or (as the case may be) sub-committees of a local authority,
    (f)  such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.
    (6)  Regulations under this paragraph may also make provision--
    (a)  enabling the Secretary of State to determine, where he considers it expedient to do so in view of the small number of maintained schools in the area of a relevant authority, that the requirement imposed on the committee or sub-committee by virtue of sub-paragraph (4) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools,
    (b)  for any regulations under this paragraph to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.
 
     9. Expressions used in paragraphs 6 to 8 and the School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act.")1998 c 31.
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 22 February 2000