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

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Clause 78
 
  
BY THE BARONESS MADDOCK
THE BARONESS HAMWEE
 
77A*     Page 53, line 39, at end insert (", or
    (d)  by way of pilot or temporary scheme")
 
  
Clause 79
 
  
BY THE BARONESS MADDOCK
THE BARONESS HAMWEE
 
77B*     Page 54, line 36, at end insert (", or by way of pilot or temporary provision") 
  
Clause 80
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
78     Page 54, line 42, leave out ("of an executive") 
79     Page 55, line 24, leave out ("of the executive") 
80     Page 56, line 3, leave out ("of the executive") 
  
After Clause 82
 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
81     Insert the following new Clause-- 
     (".--(1)  A local authority shall not cause or permit discrimination as regards the provision of facilities or services save in respect of counselling, health care, education and in the prevention of the spread of disease.
 
    (2)  The Secretary of State may make and, from time to time revise, a code of practice on the discharge by local authorities of the duty under subsection (1).
 
    (3)  Any provision of a code of practice under subsection (2) which appears to a court or tribunal to be relevant to any question arising in any proceedings in connection with the application of the duty under subsection (1) shall be taken into account in determining that question.
 
    (4)  A code of practice or a revised code of practice under this section shall be contained in a statutory instrument which shall be laid before, and subject to approval by resolution of, each House of Parliament.
 
    (5)  For the purposes of this section discrimination in the provision of facilities or services is provision which confers upon any group of persons exclusive benefit of such facilities or services not generally available.")
Discrimination in the provision of facilities or services.
82     Insert the following new Clause-- 
     ("  .--(1)  After section 2A of the Local Government Act 1986 insert--Sexually explicit material in maintained schools.
 <~et>Sexually explicit material in maintained schools.     2B.--(1)  A local authority shall not cause or permit material of a sexually explicit nature to be available in any maintained school without the approval and the consent of the Board of Governors.

(2)  In any proceedings in connection with the application of this section a court shall draw such inferences as to the intention of the local authority as may reasonably be drawn from the evidence before it.

(3)  In subsection (1) "maintained school" means a maintained school or maintained nursery school within the meaning of the School Standards and Framework Act 1998.".

 
     (2)  In section 12(3) of that Act, after "Part II" there is inserted "(other than section 2B)".")1998 c. 31.
  
Clause 84
 
  
BY THE LORD WHITTY
 
83     Page 57, line 31, at end insert ("or paragraph 6 of Schedule 1)") 
  
Clause 86
 
  
BY THE BARONESS YOUNG
 
84     Page 58, line 4, leave out from first ("the") to end of line 5 and insert ("repeal of paragraph 63 of") 
  
After Clause 86
 
  
BY THE LORD PEYTON OF YEOVIL
 
85     Insert the following new Clause-- 
     ("  .  Nothing in this Act shall affect the style or status of--
    (a)  a town mayor and a deputy town mayor or a mayor and a deputy mayor elected or appointed as such by virtue of sections 15, 22, 23, 24 and 245 of the Local Government Act 1972, and
    (b)  a city mayor, a deputy city mayor, a town mayor and a deputy town mayor appointed as such by virtue of section 246 of that Act.")
Style or status of mayors and deputy mayors.
  
Schedule 1
 
  
BY THE LORD WHITTY
 
86     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.
  
Schedule 2
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
87     Page 61, leave out lines 24 to 37 and insert--
 
    ("(2)  The candidate with the fewest number of first preference votes is eliminated, and the second preference votes given for that candidate shall be ascertained.
 
    (3)  The second preference votes under sub-paragraph (2) above shall be transferred to the other candidates, being added to the first preference votes cast for the other candidates.
 
    (4)  If, following the recalculation under sub-paragraph (3) above, none of the candidates receives more than half of the votes, the remaining candidate with the fewest number of votes is eliminated and the procedure in sub-paragraphs (2) and (3) above is carried out.
 
    (5)  The process continues until one candidate has received more than half of all the votes, and that person shall be returned as mayor.")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
88     Leave out Schedule 2 
  
Schedule 4
 
  
BY THE BARONESS YOUNG
 
89     Page 67, leave out lines 41 to 44 
 
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