Local Government Bill [H.L.] - continued        House of Lords
PART V, MISCELLANEOUS - continued

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Allowances and pensions
Allowances and pensions for certain local authority members.     80. - (1) The provision which may be made by regulations under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service etc) includes provision for or in connection with the provision of pensions, allowances or gratuities to or in respect of such members of an executive of a local authority as may be prescribed by the regulations.
 
      (2) In subsection (1) "executive" and "local authority" have the same meaning as in Part II of this Act.
 
      (3) Section 18 of the Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances for local authority members) is amended as follows.
 
      (4) At the beginning of subsection (1) there is inserted "Subject to subsection (1A)," and after that subsection there is inserted-
 
 
    "(1A) In relation to a district council, county council, county borough council or London borough council, subsection (1) above shall have effect with the omission of paragraph (b)."
 
      (5) After subsection (2) there is inserted-
 
 
    "(2A) Regulations under this section may authorise or require a scheme made by a district council, county council, county borough council or London borough council to include provision for the payment to members of the council of allowances in respect of such expenses of arranging for the care of children or dependants as are necessarily incurred in the carrying out of their duties as members."
 
      (6) In subsection (3), for "and (2)" there is substituted "to (2A)".
 
      (7) After subsection (3) there is inserted-
 
 
    "(3A) Regulations under this section may make provision for or in connection with-
 
 
    (a) enabling district councils, county councils, county borough councils or London borough councils which are operating executive arrangements to determine which members of the executive are to be entitled to pensions, allowances or gratuities,
 
    (b) treating the basic allowance and the special responsibility allowance as amounts in respect of which such pensions, allowances or gratuities are payable.
      (3B) Regulations under this section may make provision for or in connection with requiring every district council, county council, county borough council and London borough council to establish and maintain a panel which is to have such functions in relation to allowances, or pensions, allowances or gratuities, payable to members of the council as may be prescribed by the regulations.
 
      (3C) Regulations under subsection (3B) above may include provision-
 
 
    (a) with respect to the number of persons who may or must be appointed to the panel of a council,
 
    (b) with respect to the persons who may or must be appointed to the panel of a council,
 
    (c) for or in connection with the appointment by councils of joint panels,
 
    (d) for or in connection with enabling the panel of a council to consider and make recommendations to the council on the level of allowances payable to members of the council,
 
    (e) for or in connection with enabling the panel of a council which is operating executive arrangements to consider, and make recommendations to the council on, which members of the executive are to be entitled to pensions, allowances or gratuities."
      (8) In subsection (4), for the word "and" at the end of paragraph (b) there is substituted-
 
 
    "(ba) make provision with respect to the amendment, revocation or replacement of a scheme made by a relevant authority under the regulations; and".
      (9) After subsection (5) there is inserted-
 
 
    "(5A) In making or operating any scheme authorised or required by regulations under this section, a district council, county council, county borough council or London borough council shall have regard to any guidance for the time being issued by the Secretary of State.
 
      (5B) In this section "executive" and "executive arrangements" have the same meaning as in Part II of the Local Government Act 2000."
 
 
Social services functions
Social services functions.     81. - (1) Sections 2 to 5 of the Local Authority Social Services Act 1970 (establishment and operation of social services committees) do not apply to a local authority which operates executive arrangements.
 
      (2) Section 6(5) of that Act (social services director not to discharge non-social services functions without approval of Secretary of State) ceases to have effect.
 
      (3) After section 6(6) of that Act there is inserted-
 
 
    "(6A) For the purposes of this Act the social services functions of a local authority are-
 
 
    (a) their functions under the enactments specified in the first column of Schedule 1 to this Act (being the functions which are described in general terms in the second column of that Schedule), and
 
    (b) such other of their functions as the Secretary of State may designate by an order made under this subsection."
      (4) In subsection (1) "local authority" and "executive arrangements" have the same meaning as in Part II.
 
 
Prohibition on promotion of homosexuality: bullying
Prohibition on promotion of homosexuality: bullying.     82. In section 2A of the Local Government Act 1986 (prohibition on promoting homosexuality by teaching or by publishing material), at the end of subsection (2) there is inserted "; or
 
 
    (b) prevent the headteacher or governing body of a maintained school, or a teacher employed by a maintained school, from taking steps to prevent any form of bullying".
 
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