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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 Amendments to the Local Government Bill [H.L.] to be moved on Third Reading in the House of Lords.

  
Clause 3
 
  
BY THE LORD WHITTY
 
     Page 2, line 43, at end insert--
 
    ("(  )  In its application to Wales, this section has effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.")
 
  
Clause 5
 
  
BY THE LORD WHITTY
 
     Page 3, line 23, at end insert--
 
    ("(  )  In exercising the power under subsection (1) the Secretary of State--
    (a)  must not make any provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and
    (b)  must not make any provision in relation to legislation made by the National Assembly for Wales without the consent of the Assembly.
    (  )  The National Assembly for Wales may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.")
 
  
Clause 8
 
  
BY THE LORD WHITTY
 
     Page 4, line 24, at end insert--
 
    ("(1A)  Where those proposals affect any local authorities in Wales, the Secretary of State must also consult the National Assembly for Wales.")
 
     Page 4, line 25, leave out ("subsection (1)") and insert ("the preceding provisions of this section") 
     Page 4, line 30, at end insert ("and
    (  )  where consultation has taken place under subsection (1A), sets out the views of the National Assembly for Wales.")
 
  
Before Clause 9
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     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 10
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 5, line 20, leave out ("must") and insert ("may") 
  
Before Clause 12
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Insert the following new Clause-- 
     ("  .  Where a decision by or on behalf of an executive of a local authority requires immediate action by the authority, the decision and action shall be reported to the Chairman of the relevant overview and scrutiny committee on the same day.")Discharge of functions: report of immediate action.
  
Clause 20
 
  
BY THE LORD WHITTY
 
     Page 15, line 15, at end insert--
 
    ("(  )  The Secretary of State may by regulations make provision which, in relation to meetings of--
    (a)  local authority executives or committees of such executives, or
    (b)  joint committees, or sub-committees of such committees, falling within subsection (8)(a),
 
 applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972.")1972 c. 70.
  
Clause 23
 
  
BY THE LORD WHITTY
 
     Page 15, line 39, after ("area") insert--
    ("(aa)  must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority's functions are exercised, having regard to a combination of economy, efficiency and effectiveness,")
 
  
Clause 25
 
  
BY THE LORD WHITTY
 
     Page 17, line 23, after ("(3)(a)") insert ("and (aa)") 
     Page 17, line 26, after ("(3)(a)") insert ("and (aa)") 
  
Clause 35
 
  
BY THE LORD WHITTY
 
     Page 22, line 5, at end insert--
 
    ("(1A)  In this Part "elected executive member" means an individual elected as a member of a local authority executive by the local government electors for the authority's area in accordance with the provisions made by or under this Part, but does not include an elected mayor.")
 
     Page 22, line 11, after ("mayor") insert ("or elected executive member") 
  
Clause 36
 
  
BY THE LORD WHITTY
 
     Page 22, line 14, after ("mayors") insert ("or elected executive members") 
     Page 22, line 15, at end insert ("or elected executive members") 
     Page 22, line 16, after ("mayors") insert ("or elected executive members") 
     Page 22, line 17, at end insert ("or elected executive member") 
  
Clause 38
 
  
BY THE LORD WHITTY
 
     Page 22, line 35, after ("mayor") insert ("or elected executive member") 
  
Clause 39
 
  
BY THE LORD WHITTY
 
     Page 23, line 3, after ("mayors") insert ("or elected executive members") 
     Page 23, line 4, after ("mayors") insert ("or elected executive members") 
     Page 23, line 14, at end insert ("(including elections for the return of elected executive members), and
    (  )  for the combination of polls at elections for the return of elected executive members and other elections (including elections for the return of elected mayors).")
 
     Page 23, line 23, after ("mayors") insert ("or elected executive members") 
     Page 23, line 28, after ("mayor") insert ("or elected executive member") 
  
Clause 43
 
  
BY THE LORD WHITTY
 
     Page 24, line 38, at end insert--
    (""elected executive member" has the meaning given by section 35(1A),")
 
  
Clause 48
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
     Page 30, line 13, at end insert (", and
    (c)  may not have less that half its members who are not members of the executive")
 
  
Clause 61
 
  
BY THE LORD WHITTY
 
     Page 41, line 17, leave out ("on such terms and conditions as he may determine") 
  
After Clause 80
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     (".--(1) The Secretary of State may by regulations make provision with respect to--
    (a)  allowances payable to members of a parish council,
    (b)  travelling and subsistence allowances payable to members of such relevant authorities as may be prescribed,
    (c)  allowances payable to members of such relevant authorities as may be prescribed for attending conferences or meetings,
    (d)  the reimbursement of expenses incurred by members of such relevant authorities as may be prescribed.
    (2)  For the purposes of this section a member of a committtee or sub-committee of a relevant authority is to be treated as a member of the authority.
 
    (3)  The provision which may be made under subsection (1)(b) includes provision with respect to allowances in respect of travel by bicycle or by any other non-motorised form of transport.
Power to make provision about allowances.
     (4)  The provision which may be made under this section includes provision which amends or repeals any provisions of sections 173 to 178 of the Local Government Act 1972.
 
    (5)  Before making any regulations under this section, the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
 
    (6)  In this section--
    prescribed" means prescribed by regulations made by the Secretary of State,
    relevant authority" means--
1972 c. 70.
 
          (a)  a body specified in section 21(1) of the Local Government and Housing Act 1989,
          (b)  a body on which a body falling within paragraph (a) is represented,
          (c)  a parish council.
    (7)  In its application to Wales this section has effect as if--
    (a)  for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales,
    (b)  for any reference to a parish council there were substituted a reference to a community council.")
1989 c. 42.
  
Schedule 1
 
  
BY THE LORD WHITTY
 
     Page 62, line 22, leave out sub-paragraph (4) and insert--
 
    ("(4)  In the case of a relevant English authority which maintains one or more Church of England schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.
 
    (4A)  A person is a qualifying person for the purposes of sub-paragraph (4) if he is nominated by the Diocesan Board of Education for any Church of England diocese which falls wholly or partly in the authority concerned's area.
 
    (4B)  In the case of a relevant English authority which maintains one or more Roman Catholic Church schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.
 
    (4C)  A person is a qualifying person for the purposes of sub-paragraph (4B) if he is nominated by the bishop of any Roman Catholic diocese which falls wholly or partly in the authority concerned's area.")
 
     Page 62, line 31, after ("(4)") insert ("or (4B)") 
     Page 62, line 40, leave out ("such of") 
     Page 62, line 40, leave out ("in the authority's area") and insert ("maintained by the authority") 
     Page 62, line 41, leave out ("as may be") and insert ("but which are") 
  
Schedule 3
 
  
BY THE LORD WHITTY
 
     Page 67, line 17, at end insert--
 
    ("  .  The Standards Board for England may pay to any member of the Adjudication Panel for England such remuneration, fees or allowances (if any) as the Secretary of State may determine.")
 
 
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Prepared 7 March 2000