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Session 1999-2000
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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 Marshalled List of Amendments to the Local Government Bill [H.L.] to be moved on Report in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 2
 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
1     Page 1, line 18, at beginning insert ("Subject to section (Discrimination in the provision of facilities or services) of this Act and to sections 2A and 2B of the Local Government Act 1986,") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
2     Page 1, line 20, leave out from beginning to end of line 2 on page 2 and insert--
    ("(a)  the promotion or improvement of economic development and wealth creation in their area,
    (b)  the promotion of social development in their area, and
    (c)  the promotion of the improvement of the environment in their area")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
3*     Page 2, line 23, at end insert--
 
    ("(  )  Action by a local authority outside its own boundaries shall only be undertaken with the consent of the authority within whose boundaries the action is to be taken.")
 
4*     Page 2, line 24, leave out ("affects") and insert ("limits") 
  
BY THE LORD DIXON-SMITH
 
5    Page 2, line 25, at end insert--

    ("(7)  Nothing in this Part shall empower a local authority to engage in trade other than that which is provided for in the Local Authority (Goods & Services) Act 1970.")
 
  
Clause 3
 
  
BY THE LORD DIXON-SMITH
 
6     Page 2, line 30, leave out subsection (2) and insert--
 
    ("(  )  A local authority, in considering expenditure relating to section 2(1), may only spend money, whether raised by precept, borrowing or otherwise, up to a sum limited in any one year by the amount that would be raised if the level of the Council Tax precept on a Band D house within its area were increased by £2.")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
7     Page 2, line 31, leave out ("(whether by precepts, borrowing or otherwise)") 
  
BY THE LORD WHITTY
 
8     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.")
 
  
After Clause 3
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
9*     Insert the following new Clause-- 
     (".--(1)  Notwithstanding section 3(2) of this Act, the Secretary of State may by order make regulations providing that a charge may be imposed by an authority in respect of anything which is done by the authority in the exercise of its power under section 2(1).
 
    (2)  The power under subsection (1) may be exercised in relation to--
    (a)  all local authorities;
    (b)  particular local authorities, or
    (c)  particular descriptions of local authorities.
    (3)  The regulations--
    (a)  may include such provision as the Secretary of State sees fit as regards charges for which the regulations provide, or
    (b)  may provide that the amount of a charge (if imposed) is to be at the authority's discretion or to be at its discretion subject to a maximum amount determined by the Secretary of State.
    (4)  No order may be made under this section unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.")
Power to allow charging in relation to promoting
well-being.
10*     Insert the following new Clause-- 
     ("  .--(1)  A local authority may engage in the following activities in respect of anything which is done by the authority in the exercise of its power under section 2(1)--
    (a)  supply goods or materials to any body;
    (b)  provide any administrative, professional or technical services to any body;
    (c)  allow any body the use of any vehicle, plant or apparatus belonging to the authority;
    (d)  carry out any works of maintenance in connection with land or buildings for the maintenance of which any body is responsible.
    (2)  Any agreement made in pursuance of subsection (1) of this section may contain such terms as to payment or otherwise as the parties consider appropriate.")
Supply of goods and services by local authorities in relation to promoting well-being.
  
Clause 4
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
11     Page 3, line 1, leave out ("is to have power to prepare") and insert ("shall prepare and keep under review") 
12     Page 3, leave out line 2 and insert ("the sustainable development") 
  
Clause 5
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
13     Page 3, line 12, at beginning insert--
 
    ("(  )  A local authority may apply to the Secretary of State to amend, repeal, revoke or disapply an enactment (whenever passed or made) which it considers prevents or obstructs it from exercising its power under section 2(1).")
 
14     Page 3, line 12, after ("thinks") insert (", whether or not on the application of a local authority,") 
  
After Clause 5
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
15     Insert the following new Clause-- 
     ("  .--(1)  If the Secretary of State thinks that an enactment (whenever passed or made) or a requirement (whenever imposed) is unnecessary as it applies to local authorities following the enactment of section 4, he may by order amend, repeal, revoke or withdraw it.
 
    (2)  In this section "enactment" has the same meaning as in section 5(4) and "requirement" includes guidance and directions.")
Power to amend or repeal enactments or requirements in consequence of section 4 powers.
  
Clause 6
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
16     Page 3, line 38, at end insert--
 
    ("(  )  If the power under subsection (1) is exercised pursuant to subsection (2)(b), the enactment in question shall be amended, repealed, revoked or disapplied in relation to those authorities for a temporary period only.")
 
  
After Clause 8
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
17     Insert the following new Clause-- 
     ("  .--(1)  Each local authority shall make appropriate arrangements with a view to securing that--
    (a)  in the exercise of its powers, and
    (b)  in the discharge of its functions,
there is due regard to the principle that there should be equality of opportunity for all people.
 
    (2)  Each local authority shall have regard to the need--
    (a)  to promote equality of opportunity for all persons irrespective of their race, sex, disability, age, sexual orientation or religion;
    (b)  to eliminate unlawful discrimination; and
    (c)  to promote good relations between persons of different racial groups, religious beliefs and sexual orientation.
    (3)  Subsection (2) is without prejudice to subsection (1) and is subject to any provision made under any other enactment.
 
    (4)  Each local authority shall publish a report in each year containing--
    (a)  a statement of the arrangements made in pursuance of subsection (1) which had effect during the year which is the subject of the report, and
    (b)  an assessment of how effective those arrangements were in promoting equality of opportunity.")
Equality of opportunity.
  
Before Clause 9
 
  
BY THE LORD DIXON-SMITH
 
18     Insert the following new Clause-- 
     ("  .--(1)  A local authority may make executive arrangements for the discharge of certain of its functions.
 
    (2)  Nothing in this Part shall have effect in respect of a local authority not making executive arrangements.")
Local authority to decide whether to introduce executive arrangements.
  
Clause 9
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
19     Page 5, line 7, at end insert ("which determines to adopt executive arrangements") 
  
Clause 10
 
  
BY THE LORD DIXON-SMITH
THE LORD LAMING
 
20     Page 5, line 15, leave out ("must") and insert ("may") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
21*     Page 5, line 32, leave out subsection (4) 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
22     Page 5, line 37, at end insert--
 
    ("(  )  It may take such form as the local authority considers, after it has taken reasonable steps to consult local government electors and other interested persons in the authority's area, will--
    (a)  enhance decision-making,
    (b)  meet the principles of transparency, accountability and efficiency, and
    (c)  be appropriate to local circumstances.")
 
23     Page 5, line 41, leave out paragraph (a) 
24     Page 6, line 4, leave out ("(a) or") 
25     Page 6, line 6, at end insert--
 
    ("(  )  The authority may determine the title to be used for the position of mayor elected under this Act.")
 
26     Page 6, line 8, at end insert--
 
    ("(  )  A member of the authority may attend and speak at meetings of the executive as deputy or substitute for a member of the executive by whom the deputy or substitute is appointed but may not vote.")
 
  
Clause 18
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
27     Page 11, line 40, leave out (", is") and insert ("or a committee of the authority or specified member or members of the authority, is or are") 
28     Page 11, line 45, at end insert ("or a committee of the authority or specified member or members of the authority,") 
29     Page 12, line 5, at end insert ("or a committee of the authority or specified member or members of the authority,") 
  
Clause 19
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
30     Page 12, line 40, at end insert--
 
    ("(  )  Unless the matter is certified by the authority's monitoring officer to be urgent, no decision by a local authority under its executive arrangements shall be implemented within less than five working days after the decision.")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
31*     Page 12, line 40, at end insert--
 
    ("(  )  Where a member of a relevant overview and scrutiny committee finds that a decision by or on behalf of the executive ought to be subject to immediate review he may, with the agreement of the chairman of the relevant overview and scrutiny committee, cause the implementation of the decision to be delayed until that overview and scrutiny committee has considered the matter.")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
32     Page 13, line 1, leave out subsection (4) and insert--
 
    ("(4)  An overview and scrutiny committee of a local authority may discharge any functions imposed or permitted by the authority other than those functions specified by the Secretary of State in regulations.")
 
  
BY THE LORD WHITTY
 
33     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.")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
34     Page 13, line 9, at end insert--
 
    ("(  )  An overview and scrutiny committee shall be chaired by a member elected by the committee.")
 
  
BY THE LORD WHITTY
 
35     Page 13, line 12, leave out ("subsection (9)") and insert ("any provision made by or under paragraphs 6 to 8 of Schedule 1") 
36     Page 13, line 15, leave out subsections (8) and (9) 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
37     Page 13, line 35, at end insert--
 
    ("This provision shall not apply to a committee or sub-committee of an area committee which includes a minority of members who do not carry out executive functions.")
 
  
BY THE LORD WHITTY
 
38     Page 13, line 42, leave out subsection (13) 
 
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