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

back to previous amendments
 
  
Clause 26
 
61     Page 17, line 32, leave out ("(within the meaning of section 29)") and insert ("of a particular type permitted by regulations under section 29") 
62     Page 17, line 34, leave out ("In") and insert ("For the purpose of") 
63     Page 17, line 35, after ("consult") insert ("the") 
64     Page 17, line 35, after ("electors") insert ("for") 
65     Page 18, line 17, leave out ("(2)(b), (3)(a) and (b)") and insert ("(1A), (2)(b), (3)") 
66     Page 18, line 20, leave out ("(3)(a) and (b)") and insert ("(1A), (3)") 
  
After Clause 26
 
67     Insert the following new Clause-- 
     ("  .--(1)  A local authority may apply to the Secretary of State for the approval of outline fall-back proposals involving fall-back proposals which are not permitted by or under this Part but which would be so permitted if the necessary regulations were made under section 11(6) or 29 (as the case may be).
 
    (2)  The form and content of an application under subsection (1) must comply with any directions given by the Secretary of State.
 
    (3)  Where the Secretary of State approves a local authority's proposals under subsection (1)--
    (a)  the authority may use those proposals as their outline fall-back proposals for the purposes of section 26, and
    (b)  the timetable referred to in section 26(13) shall be extended to the extent that there is any delay in making the necessary regulations under section 11(6) or 29 (as the case may be).")
Approval of outline fall-back proposals.
  
Clause 28
 
68     Page 19, line 3, leave out ("enabling") and insert ("the operation by") 
69     Page 19, line 4, leave out ("to operate") and insert ("of") 
70     Page 19, line 10, after ("26,") insert ("(Approval of outline fall-back proposals),") 
  
Clause 29
 
71     Page 19, line 23, after ("efficient") insert (", transparent") 
72     Page 19, line 25, leave out ("by or under") insert ("under either or both of the following--
          (i)")  
 
73     Page 19, line 26, leave out ("or") and insert ("and
          (ii)")  
 
  
Clause 30
 
74     Page 20, line 1, at beginning insert--
 
    ("(  )  A local authority may not operate alternative arrangements unless required to do so by virtue of any provision made by or under this Part.")
 
75     Page 20, line 11, leave out ("is") and insert ("are") 
76     Page 20, line 15, leave out ("is") and insert ("are") 
77     Page 20, line 20, after ("26,") insert ("(Approval of outline fall-back proposals),") 
  
Clause 31
 
78     Page 20, line 25, leave out ("receives") and insert ("receive") 
79     Page 20, line 37, leave out ("the proper") and insert ("an") 
80     Page 21, line 15, after ("26,") insert ("(Approval of outline fall-back proposals),") 
  
Clause 32
 
81     Page 21, line 26, leave out ("a particular") and insert ("such") 
82     Page 21, line 26, at end insert ("as may be specified in the direction") 
83     Page 21, line 40, after ("26,") insert ("(Approval of outline fall-back proposals),") 
  
Clause 33
 
84     Page 22, line 16, after ("26,") insert ("(Approval of outline fall-back proposals),") 
  
Clause 34
 
85     Page 22, line 20, at end insert ("or alternative arrangements") 
86     Page 22, line 23, leave out from ("information") to end of line 24 
87     Page 22, line 32, at end insert--
 
    ("(  )  A local authority must supply a copy of their constitution to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.")
 
  
Clause 36
 
88     Page 22, line 42, at end insert--
 
    ("(  )  An elected mayor of a local authority in England is to be entitled to the style of "mayor".
 
    (  )  An elected mayor of a local authority in Wales is to be entitled to the style of "mayor" or "maer".")
 
89     Page 23, line 5, leave out from beginning to ("an") in line 6 
90     Page 23, line 7, leave out ("for the purposes of the enactments relating to local government") 
91     Page 23, line 8, leave out ("and") and insert ("or") 
92     Page 23, line 8, at end insert ("for the purposes of such enactments (whenever passed or made) as may be specified in regulations made by the Secretary of State under this subsection") 
  
After Clause 36
 
93     Insert the following new Clause-- 
     ("  .--(1)  If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy shall arise in the office of councillor.
 
    (2)  If the person who is returned at an election ("the mayoral election") as the elected mayor of a local authority--
    (a)  is a councillor of the authority, and
    (b)  was returned as such a councillor at an election held at an earlier time than the mayoral election,
a vacancy shall arise in the office of councillor.
 
    (3)  Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority.
 
    (4)  A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if he is a candidate in both such elections and he is returned both as the elected mayor and as a councillor.")
Election as elected mayor and councillor.
  
Clause 37
 
94     Page 23, line 21, leave out subsection (2) 
  
Clause 39
 
95     Page 23, line 37, after ("election") insert ("for the return") 
  
Clause 40
 
96     Page 24, line 14, leave out ("the election expenses of candidates") and insert ("election expenses") 
97     Page 24, line 26, after first ("or") insert ("any provision of") 
98     Page 24, line 26, after ("enactment") insert ("(whenever passed or made)") 
99     Page 24, line 33, at end insert ("or under") 
100     Page 24, line 34, leave out ("Act") and insert ("Part") 
101     Page 24, line 35, leave out (", or made under,") 
102     Page 24, line 35, after ("enactment") insert ("(whenever passed or made)") 
  
Clause 41
 
103     Page 24, line 43, at end insert--
 
    ("(  )  If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals in accordance with any provision made by the regulations or order.
 
    (  )  If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals but must instead comply with any provision made by the regulations or order.")
 
104     Page 25, line 8, leave out ("made by or under") and insert ("of") 
105     Page 25, line 9, after ("enactment") insert ("(whenever passed or made)") 
106     Page 25, line 15, at end insert--
    ("(  )  about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),")
 
107     Page 25, line 18, leave out paragraph (d) and insert--
    ("(  )  as to when, where and how voting in a referendum is to take place,
    (  )  as to how the votes cast in a referendum are to be counted, and")
 
108     Page 25, line 21, leave out ("this section") and insert ("subsections (1), (2) to (4) and (6)") 
109     Page 25, line 22, leave out ("or 28") 
110     Page 25, line 22, leave out ("under section 31 or 32") and insert ("or an order made under any provision of this Part") 
  
After Clause 41
 
111     Insert the following new clause-- 
     ("  .  Schedule (Amendments to the 1972 Act) which contains amendments to the Local Government Act 1972 has effect.")Amendments to the 1972 Act.
  
Clause 42
 
112     Page 25, line 27, leave out ("of") and insert ("made by or under") 
113     Page 25, line 27, at end insert--
 
    ("(2)  The provision which may be made under subsection (1) includes provision modifying any enactment (whenever passed or made).
 
    (3)  The power under subsection (2) to modify an enactment is a power--
    (a)  to apply that enactment with or without modifications,
    (b)  to extend, disapply or amend that enactment, or
    (c)  to repeal or revoke that enactment with or without savings.")
 
  
Clause 43
 
114     Leave out Clause 43 
  
Clause 44
 
115     Page 25, leave out lines 40 to 43 
116     Page 25, line 43, at end insert--
    (""alternative arrangements" has the meaning given by section 29(1),")
 
117     Page 26, line 5, at end insert--
    (""enactment" includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978),")
 
118     Page 26, line 9, at end insert--
    (""fall-back proposals" and "outline fall-back proposals" are to be construed in accordance with section 26(1) and (2),")
 
119     Page 26, leave out lines 18 to 21 
120     Page 26, line 31, leave out paragraph (b) and insert--
    ("(b)  in the case of a London borough, is a reference to the person who (disregarding paragraph 5A of Schedule 2 to the Local Government Act 1972) is referred to in Part I of that Schedule as the mayor of the borough,")
 
121     Page 26, line 37, leave out paragraph (b) and insert--
    ("(b)  in the case of a London borough, is a reference to the person who (disregarding paragraph 5A of Schedule 2 to the Local Government Act 1972) is referred to in Part I of that Schedule as the deputy mayor of the borough,")
 
122     Page 26, line 44, leave out third ("of") and insert ("made by or under") 
123     Page 26, line 44, at end insert--
 
    ("(  )  Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.
 
    (  )  Any directions given by the Secretary of State under any provision of this Part--
    (a)  may be varied or revoked by subsequent directions given by him under that provision, and
    (b)  may make different provision for different cases, local authorities or descriptions of local authority.")
 
  
Clause 45
 
124     Page 27, line 8, at end insert ("and police authorities in Wales") 
125     Page 27, line 11, at end insert ("(other than police authorities)") 
126     Page 27, line 14, leave out ("local government") and insert ("relevant authorities") 
127     Page 27, line 18, at end insert--
 
    ("(  )  Before making an order under this section so far as it relates to police authorities in Wales, the Secretary of State must consult--
    (a)  such representatives of police authorities in Wales as he considers appropriate,
    (b)  the Commission for Local Administration in Wales, and
    (c)  the National Assembly for Wales.")
 
128     Page 27, line 21, leave out ("local government") and insert ("relevant authorities") 
129     Page 27, line 33, at end insert--
    ("(  )  the Metropolitan Police Authority,
    (  )  the London Fire and Emergency Planning Authority,")
 
130     Page 27, line 39, leave out ("established under section 3 of the Police Act 1996") 
  
Clause 46
 
131     Page 28, line 10, after ("England") insert ("and police authorities in Wales") 
132     Page 28, line 10, at end insert ("of conduct)") 
133     Page 28, line 13, after ("Wales") insert ("other than police authorities") 
134     Page 28, line 13, at end insert ("of conduct).
 
    (  )  The power under subsection (1) or (2) to issue a model code of conduct includes power to revise any such model code which has been issued.")
 
135     Page 28, line 14, at end insert ("of conduct") 
136     Page 28, line 21, leave out from ("section") to end of line 22 and insert (" 45, before an order is made under that section") 
137     Page 28, line 24, leave out ("representative of local government in England") and insert ("body") 
138     Page 28, line 26, at end insert ("of conduct or proposed revisions to such a model code") 
139     Page 28, line 28, at end insert--
    ("(  )  may be made to more than one body,
    (  )  may be limited to particular descriptions of authority,")
 
140     Page 28, line 29, leave out ("code is") and insert ("proposals are") 
141     Page 28, line 31, leave out ("codes, or different provisions of a code,") and insert ("proposals") 
142     Page 28, line 33, leave out ("the representative concerned") and insert ("any body to which the invitation is made") 
 
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