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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 Second 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 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,") 
  
Clause 59
 
  
BY THE LORD DIXON-SMITH
 
74     Leave out Clause 59 
  
After Clause 65
 
  
BY THE LORD DIXON-SMITH
 
75     Insert the following new Clause-- 
     ("  .  Where matters considered by an interim tribunal or a case tribunal are or become the subject of criminal proceedings in a court, it shall be open to that court, in considering any penalty resulting from a verdict of guilty, to apply a requirement, as a part of any penalty, that a restitution order be made so that any loss to the local taxpayer is repaid.")Power to make restitution orders.
  
After Clause 67
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
76     Insert the following new Clause-- 
     ("  .  The provisions of Appendix 1 of Department of the Environment Circular 16/92 shall, with effect from the enactment of this Act, extend to persons whose pecuniary interest arises solely from holding a lease of a residential property.")Pecuniary interests of members of local authority.
  
After Clause 77
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
77     Insert the following new Clause-- 
     (".--(1)  In section 31 of the Local Government Act 1974 (Commission for Local Administration: Reports on investigations: further provisions), for subsection (3) substitute--
        (3)  In any case where it appears to an authority that a person has suffered injustice as a consequence of maladministration by that authority, following--
      (a)  an investigation of a complaint by that person by the authority, using the complaints procedure of that authority; or
      (b)  consideration of the possibility of a local settlement of a complaint by that person to a Commissioner for Local Administration; or
      (c)  consideration of a report laid before that authority under subsection (2) or (2C) above;
    and that, as a result of that injustice, it appears to the authority that a payment should be made to, or some benefit should be provided for, that person, the authority may incur such expenditure as appears to them to be appropriate in making such a payment or providing such a benefit."")
Payments etc. in cases of maladministration.
 
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Prepared 1 March 2000