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

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Clause 20
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
39     Page 14, line 1, at beginning insert ("Subject to Part VA of the Local Government Act 1972,") 
40     Page 14, line 4, leave out ("in private") and insert ("without members of the public present but in the presence of other members of the authority") 
41     Page 14, line 15, leave out subsection (2) 
  
BY THE LORD WHITTY
 
42     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 subsections (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.
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
[Amendments 43 and 44 are amendments to Amendment 42]
 
43*     Leave out line 10 and insert ("whether held publicly or privately.") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
44     Line 69, at end insert--
    (""private" means without members of the public present but without excluding other members of the authority")
 
  
Clause 22
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
45     Page 14, line 24, at end insert ("nor
    (c)  an area committee or sub-committee of an area committee carrying out scrutiny and overview functions,")
 
  
Clause 23
 
  
BY THE LORD LAMING
 
46     Page 14, line 30, at end insert (", and
    (c)  ensure they deliver both value for money and quality standards of service")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
47*     Page 15, line 10, leave out subsection (6) 
48*     Leave out Clause 23 
  
Clause 26
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
49*     Page 17, line 4, leave out subsection (3) 
  
Clause 30
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
50*     Page 18, line 33, after ("operate") insert ("or cease to operate") 
  
BY THE LORD DIXON-SMITH
 
51     Page 18, line 34, at end insert--
 
    ("(  )  No referendum held under this Part shall be binding on the authority unless 25 per cent. of the registered electors have voted in the referendum.")
 
  
BY THE LORD WHITTY
 
52     Page 19, line 24, leave out ("must not exceed") and insert ("(unless such regulations otherwise provide) is to be") 
53     Page 19, line 25, leave out ("any") and insert ("each") 
  
Clause 31
 
  
BY THE LORD DIXON-SMITH
 
54     Page 19, line 32, at end insert--
 
    ("(  )  No referendum held under this Part shall be binding on the authority unless 25 per cent. of the registered electors have voted in the referendum.")
 
  
Clause 32
 
  
BY THE LORD DIXON-SMITH
 
55     Page 20, line 7, at end insert--
 
    ("(  )  No referendum held under this Part shall be binding on the authority unless 25 per cent. of the registered electors have voted in the referendum.")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
56*     Page 20, line 7, at end insert--
 
    ("(  )  No local authority shall be required to hold a referendum under subsection (1) above where that local authority has drawn up proposals in accordance with section 23 above (including complying with section 23(3)) and those proposals do not involve a form of executive for which a referendum is required.")
 
  
Clause 36
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
57*     Page 21, line 17, at end insert (", and
    (e)  as to the number of electors signing the nomination papers for a candidate for mayor, which shall be not less than 30")
 
  
After Clause 36
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
58     Insert the following new Clause-- 
     ("  .  The Secretary of State shall establish a commission which shall within one year of the enactment of this Act report on the introduction of primaries for the selection of candidates for the choice of elected mayor.")Commission to report on primaries for mayoral elections.
  
Clause 37
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
59     Page 21, line 20, leave out subsection (1) 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
60*     Page 21, line 21, leave out from ("have") to end of line 33 and insert ("one vote and the candidate receiving the greatest number of votes shall be returned as the elected mayor") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
61     Page 21, line 32, leave out ("supplementary") and insert ("alternative") 
  
Clause 38
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
62     Page 21, line 41, leave out subsection (2) 
  
Clause 39
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
63     Page 22, line 5, at end insert (", and
    (c)  the recall of the mayor in the event of a loss of confidence and the filling of a casual vacancy")
 
  
Clause 40
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
64*     Page 23, line 6, at end insert ("notwithstanding that the question to be asked may include mention of an authority's fall-back proposals as drawn up under section 25 above") 
  
Clause 46
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
65     Page 27, line 16, after ("newspapers") insert (", which with the approval of the Standards Board for England or the Standards Board for Wales may be a newspaper published by the authority,") 
  
Clause 47
 
  
BY THE LORD DIXON-SMITH
 
66     Page 28, line 2, at end insert (",  subject to subsections (9) to (11)") 
67     Page 28, line 15, at end insert (",  subject to subsections (9) to (11)") 
68     Page 28, line 28, at end insert (",  subject to subsections (9) to (11)") 
69     Page 28, line 42, at end insert--
 
    ("(9)  A member required to vacate his office under subsection (2)(b) or (4)(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 48(6) or (7), as the case may be;
    (d)  the regulations, if any, made under section 49(4) or (5), as the case may be.
    (10)  A member appealing under subsection (9) shall remain in office until his appeal has been determined by the relevant Standards Board, who shall give written reasons for their decision.
 
    (11)  If his appeal under subsection (9) 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 48
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
70*     Page 29, line 13, at end insert (", and
    (c)  may not have a majority of its members composed of members of the executive")
 
  
Clause 52
 
  
BY THE LORD DIXON-SMITH
 
71     Page 33, line 16, at end insert--
 
    ("(5)  Where a relevant Standards Board decides that any allegations made under this section shall not be investigated, it shall give its reasons in writing.")
 
  
Clause 54
 
  
BY THE LORD DIXON-SMITH
 
72     Page 34, line 16, at end insert (", or to a former member or co-opted member,") 
73     Page 34, line 17, leave out (", within the period of five years ending with that time,") 
 
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Prepared 25 February 2000