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

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
1     Page 1, line 14, at end insert--
    ("(  )  a parish council,")
 
2     Page 1, line 16, leave out ("or") 
3     Page 1, line 16, at end insert ("or a community council") 
  
Clause 3
 
  
BY THE LORD WHITTY
 
4     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.")
 
  
After Clause 4
 
  
BY THE LORD ROBERTS OF CONWY
THE LORD THOMAS OF GRESFORD
 
5     Insert the following new Clause-- 
     ("  .--(1)  Every local authority in Wales is to have a duty to prepare a strategy for promoting or improving the economic, social and environmental well-being of their area.
 
    (2)  In preparing any strategy under this section, a local authority--
    (a)  may consult or seek the participation of such persons as they consider appropriate; and
    (b)  must have regard to any guidance for the time being issued by the National Assembly for Wales.
    (3)  Before issuing any guidance under this section, the National Assembly for Wales must consult the Partnership Council and such other persons (if any) as it considers appropriate.")
Strategy for economic, social and environmental well-being in Wales.
  
Clause 5
 
  
BY THE LORD WHITTY
 
6     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
 
7     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.")
 
8     Page 4, line 25, leave out ("subsection (1)") and insert ("the preceding provisions of this section") 
9     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
THE BARONESS HAMWEE
 
10     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 9
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
11     Page 5, line 12, at end insert ("which determines to adopt executive arrangements") 
  
Clause 10
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE BARONESS HAMWEE
 
12     Page 5, line 20, leave out ("must") and insert ("may") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE LORD DIXON-SMITH
 
13     Page 5, line 42, at end insert--
 
    ("(  )  It may take such form as the local authority considers, after it has taken reasonable steps to consult local government electors and other interested persons in the authority's area, will--
    (a)  enhance decision-making,
    (b)  meet the principles of transparency, accountability and efficiency, and
    (c)  be appropriate to local circumstances.")
 
  
Before Clause 12
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
 
14     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 15
 
  
BY THE LORD THOMAS OF GRESFORD
THE BARONESS HAMWEE
 
15*     Page 10, line 22, leave out ("includes") and insert ("may include") 
  
After Clause 18
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
16     Insert the following new Clause-- 
     ("  .--(1)  Unless the matter is certified by a proper officer of the authority to be urgent, no decision by a local authority taken under its executive arrangements shall be implemented within less than five working days after the decision.
 
    (2)  The proper officer of an authority for the purposes of subsection (1) shall be its monitoring officer unless the authority has designated another officer or officers.
 
    (3)  This section shall not apply to decisions solely requiring the preparation of advice or the undertaking of research.")
Implementation of decisions by a local authority under executive arrangements.
  
Clause 19
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
17     Page 13, line 7, leave out subsection (4) and insert--
 
    ("(4)  An overview and scrutiny committee may discharge any functions imposed or permitted by the authority other than functions which are the responsibility of an executive of the authority under executive arrangements or functions specified by the Secretary of State in regulations.")
 
  
Clause 20
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
18     Page 14, line 1, after ("executive,") insert ("or a joint committee or a sub-committee of any such committee,") 
19     Page 14, line 2, leave out ("held in private") and insert ("subject to the provisions of Part VA of the Local Government Act 1972") 
20     Page 14, line 3, leave out subsections (2), (3) and (4) 
21     Page 14, line 12, leave out ("under subsection (3) or (4)") and insert ("produced to meet the requirements of Part VA of the Local Government Act 1972") 
22     Page 14, line 14, leave out subsections (6), (7) and (8) 
23     Page 14, line 39, leave out paragraphs (a) and (b) 
24     Page 15, line 1, leave out paragraphs (e) and (f) 
25     Page 15, line 10, leave out paragraphs (h) and (i) 
  
BY THE LORD WHITTY
 
26     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
 
27     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
 
28     Page 17, line 23, after ("(3)(a)") insert ("and (aa)") 
29     Page 17, line 26, after ("(3)(a)") insert ("and (aa)") 
  
Clause 35
 
  
BY THE LORD WHITTY
 
30     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.")
 
31     Page 22, line 11, after ("mayor") insert ("or elected executive member") 
  
Clause 36
 
  
BY THE LORD WHITTY
 
32     Page 22, line 14, after ("mayors") insert ("or elected executive members") 
33     Page 22, line 15, at end insert ("or elected executive members") 
34     Page 22, line 16, after ("mayors") insert ("or elected executive members") 
35     Page 22, line 17, at end insert ("or elected executive member") 
  
Clause 38
 
  
BY THE LORD WHITTY
 
36     Page 22, line 35, after ("mayor") insert ("or elected executive member") 
  
Clause 39
 
  
BY THE LORD WHITTY
 
37     Page 23, line 3, after ("mayors") insert ("or elected executive members") 
38     Page 23, line 4, after ("mayors") insert ("or elected executive members") 
39     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).")
 
40     Page 23, line 23, after ("mayors") insert ("or elected executive members") 
41     Page 23, line 28, after ("mayor") insert ("or elected executive member") 
 
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