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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

  


COMMONS AMENDMENTS

 

[The page and line refer to Bill 87 as first printed for the Commons.]

Amendment
No.
 
  
Clause 2
 
1     Page 2, line 8, leave out from ("to") to end of line 10 and insert ("their strategy under section 4") 
  
Clause 4
 
2     Page 3, line 6, leave out ("is to have power to") and insert ("must") 
3     Page 3, line 6, after ("strategy") insert ("(referred to in this section as a community strategy)") 
4     Page 3, line 8, at end insert ("and contributing to the achievement of sustainable development in the United Kingdom.
 
    (  )  A local authority may from time to time modify their community strategy.")
 
5     Page 3, line 9, leave out ("any strategy under this section") and insert ("or modifying their community strategy") 
6     Page 3, line 10, leave out ("may consult or") and insert ("must consult and") 
7     Page 3, line 16, 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 6
 
8     Page 4, line 12, at end insert--
 
    ("(4A)  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--
          (i)  in relation to legislation made by the National Assembly for Wales, or
          (ii)  which has effect both in relation to Wales and in relation to any enactment to which section (Power to modify enactments concerning plans etc: Wales)(2) applies,
 
 without the consent of the Assembly. 
     (4B)  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.") 
  
After Clause 6
 
9     Insert the following new Clause-- 
     ("  .--(1)  Subject to subsections (4) and (6), the National Assembly for Wales may by order amend, repeal, revoke or disapply any enactment to which subsection (2) applies so far as that enactment has effect in relation to a local authority in Wales.
 
    (2)  This subsection applies to--
    (a)  section 49(1)(c) of the Environmental Protection Act 1990,
    (b)  section 2 of the Home Energy Conservation Act 1995,
    (c)  section 84(2)(b) of the Environment Act 1995,
    (d)  any other enacment (whenever passed or made) which--
          (i)  requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter, and
          (ii)  is specified in an order made by the Secretary of State under this subsection.
    (3)  The power under subsection (1) may be exercised in relation to--
    (a)  all local authorities in Wales,
    (b)  particular local authorities in Wales, or
    (c)  particular descriptions of local authority in Wales.
    (4)  The power under subsection (1) may be exercised in relation to a local authority only if the National Assembly for Wales considers--
    (a)  that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or
    (b)  that any such enactment should be amended so that it operates more effectively in relation to the authority.
    (5)  The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
 
    (6)  An order under subsection (2)(d)(ii) which specifies any enactment may provide that the power under subsection (1) may be exercised in relation to that enactment only if the National Assembly for Wales complies with any conditions specified in the order.
 
    (7)  In this section "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).")
Power to modify enactments concerning plans etc: Wales.
  
Clause 9
 
10     Leave out Clause 9 
  
Clause 10
 
11     Page 5, line 32, leave out ("which determines to adopt executive arrangements") 
  
Clause 11
 
12     Page 5, line 40, leave out ("An") and insert ("The") 
13     Page 5, line 40, leave out ("may") and insert ("must") 
14     Page 6, line 22, leave out subsection (5) 
15     Page 6, line 32, leave out ("each member of which is") and insert ("some or all of the members of which are") 
16     Page 6, line 33, leave out ("of") and insert ("for") 
  
After Clause 11
 
17     Insert the following new Clause-- 
     ("  .--(1)  In deciding whether to make regulations under section 11(6) prescribing a particular form of executive, or which provision to make under section 16 in relation to that form of executive, the Secretary of State must have regard to--
    (a)  any proposals made to him under subsection (2),
    (b)  the extent to which he considers that the operation by a local authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way,
    (c)  the extent to which that form of executive differs from the forms of executive for the time being permitted by or under section 11,
    (d)  the number and description of authorities for which he considers that that form of executive, if prescribed in regulations made under section 11(6), would be an appropriate form of executive to consider.
    (2)  For the purposes of subsection (1), a local authority may propose to the Secretary of State a form of executive in relation to which the authority consider that the conditions mentioned in subsection (3) are satisfied.
 
    (3)  Those conditions are--
    (a)  that the operation by the authority of executive arrangements involving that form of executive would be an improvement on the arrangements which the authority have in place for the discharge of their functions at the time that the proposal is made to the Secretary of State,
    (b)  that the operation by the authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way, and
    (c)  that that form of executive, if prescribed in regulations made under section 11(6), would be an appropriate form of executive for all local authorities, or for any particular description of local authority, to consider.
    (4)  A proposal under subsection (2)--
    (a)  must describe the form of executive to which it relates,
    (b)  must describe the provision which the authority consider should be made under section 16 in relation to that form of executive, and
    (c)  must explain why the authority consider that the conditions mentioned in subsection (3) are satisfied in relation to that form of executive.")
Additional forms of executive.
  
Clause 12
 
18     Page 7, line 10, at end insert--
 
    ("(  )  Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of a local authority which is not specified in regulations under subsection (2) is to be the responsibility of an executive of the authority under executive arrangements.")
 
19     Page 7, line 22, leave out subsection (3) 
20     Page 7, line 25, leave out ("may") and insert ("must") 
21     Page 7, line 28, after ("authority") insert--
    ("(  )  to be a function which is not to be the responsibility of such an executive,")
 
22     Page 8, line 14, leave out paragraph (b) and insert--
    ("(b)  may be discharged only in accordance with any provisions made by or under this Part which apply to the discharge of any such function by that form of executive.")
 
23     Page 8, line 16, at beginning insert ("Accordingly") 
24     Page 8, line 31, at end insert--
 
    ("(  )  Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.")
 
  
Clause 14
 
25     Page 10, line 21, after ("makes") insert ("or has made") 
26     Page 10, line 22, leave out ("at that or any subsequent time") 
27     Page 10, line 27, leave out second ("executive") 
  
Clause 15
 
28     Page 10, line 39, leave out ("executive") and insert ("council manager") 
29     Page 10, line 42, leave out ("council manager") and insert ("executive") 
30     Page 10, line 43, at end insert--
 
    ("(2A)  In deciding--
    (a)  whether or how to discharge any functions, or
    (b)  whether to arrange for any functions to be discharged by the executive or an officer of the authority,
the council manager must have regard to any advice given by the elected mayor.")
 
31     Page 10, line 45, leave out first ("council manager") and insert ("executive") 
32     Page 10, line 45, leave out second ("council manager") and insert ("executive") 
33     Page 11, line 1, leave out ("an executive or council manager") and insert ("a council manager or executive") 
34     Page 11, line 2, leave out ("a council manager") and insert ("an executive") 
35     Page 11, line 3, leave out ("executive or council manager") and insert ("council manager or executive") 
  
Clause 17
 
36     Page 11, line 26, after second ("committee") insert ("or sub-committee") 
37     Page 11, line 27, leave out from ("authority") to end of line 29 and insert ("which satisfies the conditions in subsection (4),") 
38     Page 11, line 30, at end insert--
 
    ("(4)  A committee or sub-committee of a local authority satisfies the conditions in this subsection if--
    (a)  the committee or sub-committee is established to discharge functions in respect of part of the area of the authority,
    (b)  the members of the committee or sub-committee who are members of the authority are elected for electoral divisions or wards which fall wholly or partly within that part, and
    (c)  either or both of the conditions in subsection (5) are satisfied in relation to that part.
    (5)  Those conditions are--
    (a)  that the area of that part does not exceed two-fifths of the total area of the authority,
    (b)  that the population of that part, as estimated by the authority, does not exceed two-fifths of the total population of the area of the authority as so estimated.")
 
  
Clause 18
 
39     Page 12, line 2, leave out first ("is") and insert ("are") 
40     Page 12, line 20, leave out (" 15(3) and (4)") and insert (" 15(2A) to (4)") 
  
Clause 19
 
41     Page 12, line 41, after ("section") insert ("101(2) or") 
42     Page 12, line 46, after ("section") insert ("101(2) or") 
43     Page 13, line 6, at end insert ("committee or") 
  
Clause 20
 
44     Page 13, line 30, leave out ("and") and insert ("or") 
45     Page 13, line 31, leave out ("their inhabitants") and insert ("the inhabitants of that area") 
46     Page 13, line 40, at beginning insert ("Subject to subsection (4A)") 
47     Page 13, line 41, at end insert--
 
    ("(4A)  If or to the extent that a local authority's function of conducting best value reviews under section 5 of the Local Government Act 1999 is not the responsibility of an executive of the authority, the authority may arrange for their overview and scrutiny committee (or any of their overview and scrutiny committees) to conduct such a review.")
 
48     Page 13, line 45, at end insert--
 
    ("(  )  A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (5)(b).")
 
49     Page 14, line 27, at end insert--
 
    ("(  )  Subsections (2) and (5) of section 102 of the Local Government Act 1972 are to apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.")
 
50     Page 14, line 28, at end insert ("or a sub-committee of such a committee") 
51     Page 14, line 33, at end insert--
 
    ("(  )  A person is not obliged by subsection (11) to answer any question which he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.")
 
  
Clause 21
 
52     Page 15, line 26, leave out paragraph (a) and insert--
    ("(  )  as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be open to the public,
    (  )  as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be held in private,")
 
53     Page 15, line 48, at end insert--
 
    ("(9A)  The Secretary of State may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public or members of the authority.
 
    (9B)  The provision which may be made under subsection (9A) includes provision--
    (a)  requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,
    (b)  as to the way or form in which prescribed information is to be made available.")
 
  
Clause 24
 
54     Page 16, line 23, at end insert--
 
    ("(1A)  Before drawing up proposals under this section, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority's area.")
 
55     Page 16, line 27, leave out ("which of") and insert ("the extent to which") 
56     Page 16, line 30, leave out paragraph (a) 
57     Page 16, line 35, leave out second ("and") and insert--
 
    ("(  )  A local authority")
 
58     Page 16, line 36, at end insert ("for the purposes of this section") 
59     Page 17, line 3, after ("consult") insert ("the") 
60     Page 17, line 4, after ("electors") insert ("for") 
 
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