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

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After Clause 75
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
118*     Insert the following new Clause-- 
     ("  .--(1)  The Representation of the People Act 1983 shall be amended as follows.
 
    (2)  After section 36(2B) there shall be inserted--
        (2C)  Section 91 shall apply to elections under the Local Government Act 2000 with such modifications as may be prescribed by regulations made by the Secretary of State."")
Right to send election address post free.
  
Clause 80
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
119     Page 56, line 10, at end insert (", and
    (b)  the insertion of the following new paragraph after paragraph (c)--
      (d)  a cycle allowance to be payable at a rate to be determined by the local authority".")
 
  
After Clause 80
 
  
BY THE LORD WHITTY
 
120     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.
  
After Clause 82
 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
121     Insert the following new Clause-- 
     (".--(1) Subject to provision made by or under any enactment, a local authority shall not cause or permit discrimination as regards the provision of facilities or services, which are not generally available, for the exclusive benefit of any group of persons.
 
    (2)  Subject to subsection (4), 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)  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).
 
    (4)  Any provision of a code of practice under subsection (3) 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.
 
    (5)  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.")
Discrimination in the provision of facilities or services.
122     Insert the following new Clause-- 
     (".--(1) After section 2A of the Local Government Act 1986 insert--Sexually explicit material in maintained schools.
1986 c. 10.
 Sexually explicit material in maintained schools.     2B.--(1) A local authority shall not cause or permit material, which in the opinion of the Board of Governors of a maintained school is of a sexually explicit nature such as ought not to be made freely available in such schools, to be made so available unless it has consulted and gained the approval of the Board of Governors.
 
    (2)  The Board of Governors may delegate their functions under subsection (1) to any member of the Board.
 
    (3)  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.
 
      (4)  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 2A)".")1998 c. 31.
  
Schedule 1
 
  
BY THE LORD WHITTY
 
123     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.")
 
124     Page 62, line 31, after ("(4)") insert ("or (4B)") 
125     Page 62, line 40, leave out ("such of") 
126     Page 62, line 40, leave out ("in the authority's area") and insert ("maintained by the authority") 
127     Page 62, line 41, leave out ("as may be") and insert ("but which are") 
  
Schedule 3
 
  
BY THE LORD WHITTY
 
128     Page 65, line 4, leave out ("Neither of the Standards Boards is") and insert ("The Standards Board for England (referred to in this Schedule as the Standards Board) is not") 
129     Page 65, line 6, leave out ("each of the Standards Boards") and insert ("the Standards Board") 
130     Page 65, line 7, leave out ("each") and insert ("the") 
131     Page 65, line 10, leave out ("Each of the Standards Boards") and insert ("The Standards Board") 
132     Page 65, line 21, leave out first ("a") and insert ("the") 
133     Page 65, line 32, leave out ("for England") 
134     Page 65, line 33, leave out sub-paragraph (2) 
135     Page 65, line 37, leave out ("either of the Standards Boards") and insert ("the Standards Board") 
136     Page 65, line 39, leave out ("for England") 
137     Page 65, line 42, leave out sub-paragraph (3) 
138     Page 66, line 2, leave out ("for England") 
139     Page 66, line 5, leave out sub-paragraph (5) 
140     Page 66, line 9, leave out ("either of the Standards Boards") and insert ("the Standards Board") 
141     Page 66, line 10, leave out ("that") and insert ("the") 
142*     Page 66, line 11, leave out ("or (5)") 
143     Page 66, line 12, leave out ("either of the Standards Boards") and insert ("the Standards Board") 
144     Page 66, line 15, leave out ("Each of the Standards Boards") and insert ("The Standards Board") 
145     Page 66, line 18, leave out ("Boards for England") and insert ("Board") 
146     Page 66, line 21, leave out sub-paragraph (3) 
147     Page 66, line 24, leave out ("either of the Standards Boards") and insert ("the Standards Board") 
148     Page 66, line 28, leave out ("concerned") and insert ("for England") 
149     Page 66, line 29, leave out ("each of the Standards Boards") and insert ("the Standards Board") 
150     Page 66, line 32, leave out ("for England") 
151     Page 66, line 37, leave out sub-paragraph (2) 
152     Page 66, line 42, leave out ("for England") 
153     Page 67, line 4, leave out sub-paragraph (4) 
154     Page 67, line 13, leave out ("or (4)") 
155     Page 67, line 15, after ("the") insert ("Standards") 
156     Page 67, line 16, leave out ("Standards Board concerned") and insert ("Board") 
157     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.")
 
158     Page 67, line 19, leave out ("Each of the Standards Boards") and insert ("The Standards Board") 
159     Page 67, line 21, leave out ("each of the Standards Boards") and insert ("the Standards Board") 
160     Page 67, line 29, leave out ("either of the Standards Boards") and insert ("the Standards Board") 
161     Page 67, line 41, leave out ("for England") 
162     Page 67, line 47, leave out sub-paragraph (2) 
163     Page 68, line 7, leave out ("concerned") 
164     Page 68, line 11, leave out ("for England") 
165     Page 68, line 16, leave out ("for England") 
166     Page 68, line 18, leave out ("for England") 
167     Page 68, line 24, leave out sub-paragraphs (5) to (7) 
168     Page 68, line 36, leave out second ("each") and insert ("the") 
169     Page 68, line 38, leave out ("for England") 
170     Page 68, line 41, leave out sub-paragraph (3) 
171     Page 68, line 45, leave out ("each of the Standards Boards") and insert ("the Standards Board") 
172     Page 69, line 3, leave out ("either of the Standards Boards") and insert ("the Standards Board") 
173     Page 69, line 8, leave out ("entries are inserted") and insert ("entry is inserted") 
174     Page 69, leave out line 11 
175     Page 69, line 12, leave out ("entries are") and insert ("entry is") 
 
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