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

back to previous amendments
 
  
Clause 47
 
143     Page 28, line 35, leave out ("each") and insert ("a") 
144     Page 28, line 36, leave out ("an") and insert ("the first") 
145     Page 28, line 40, leave out from ("conduct)") to end of line 41 and insert--
 
    ("(1A)  It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which any subsequent order under section 46 which applies to them is made, to pass a resolution--
    (a)  adopting a code of conduct in place of their existing code of conduct under this section, or
    (b)  revising their existing code of conduct under this section.")
 
146     Page 28, line 42, after ("resolution") insert--
    ("(a)  adopt a code of conduct in place of their existing code of conduct under this section, or
    (b)")  
 
147     Page 29, line 2, after ("code") insert ("of conduct") 
148     Page 29, line 7, leave out ("in subsection (1)") and insert ("under subsection (1) or (1A)") 
149     Page 29, line 11, after ("code") insert ("of conduct") 
150     Page 29, line 17, leave out ("their principal office") and insert ("an office of the authority") 
151     Page 29, line 24, leave out ("their principal office") and insert ("an office of the authority") 
152     Page 29, line 26, leave out ("their principal office") and insert ("that office") 
153     Page 29, line 28, after ("England") insert ("or a police authority in Wales") 
154     Page 29, line 29, leave out ("or") 
155     Page 29, line 31, at end insert--
 
    ("(  )  Where a relevant authority themselves publish a newspaper, the duty to publish a notice under subsection (5)(b) is to be construed as a duty to publish that notice in their newspaper and at least one other newspaper circulating in their area.")
 
156     Page 29, line 35, leave out subsection (7) 
157     Page 29, line 39, at end insert ("(and accordingly, in the case of a relevant authority to which section 101 of the Local Government Act 1972 applies, is not to be a function to which that section applies)")1972 c. 70.
158     Page 29, line 40, leave out subsection (9) 
  
Clause 48
 
159     Page 29, line 43, at beginning insert ("A person who is a member or co-opted member of a relevant authority at a time when the authority adopts a code of conduct under section 47 for the first time--
    (a)  must, before the end of the period of two months beginning with the date on which the code of conduct is adopted, give to the authority a written undertaking that in performing his functions he will observe the authority's code of conduct for the time being under section 47, and
    (b)  if he fails to do so, is to cease to be a member or co-opted member at the end of that period.
    (1A)")
 
160     Page 29, line 46, leave out ("existing code of conduct") and insert ("code of conduct for the time being") 
161     Page 30, line 1, leave out subsection (2) 
162     Page 30, line 10, leave out ("elected as") and insert ("who becomes") 
163     Page 30, line 11, after ("apply") insert ("at any time after the authority has adopted a code of conduct under section 47 for the first time") 
164     Page 30, line 13, leave out ("existing code of conduct") and insert ("code of conduct for the time being") 
165     Page 30, line 14, leave out subsection (4) 
166     Page 30, line 23, leave out ("Any person appointed as") and insert ("A person who becomes") 
167     Page 30, line 23, at end insert ("at any time after the authority has adopted a code of conduct under section 47 for the first time") 
168     Page 30, line 25, leave out ("existing code of conduct") and insert ("code of conduct for for the time being") 
169     Page 30, line 27, leave out subsections (6) to (8) 
  
Clause 49
 
170     Page 31, line 10, after ("England") insert ("or a police authority in Wales") 
171     Page 31, line 10, leave out ("terms") and insert ("term") 
172     Page 31, line 12, after ("England") insert ("or a police authority in Wales") 
173     Page 31, line 23, at end insert ("and police authorities in Wales") 
174     Page 31, line 25, leave out ("and") and insert--
    ("(ba)  with respect to the access of the public to meetings of such committees,
    (bb)  with respect to the publicity to be given to meetings of such committees,
    (bc)  with respect to the production of agendas for, or records of, meetings of such committees,
    (bd)  with respect to the availability to the public or members of relevant authorities of agendas for, records of or information connected with meetings of such committees,")
 
175     Page 31, line 30, leave out ("local") and insert ("relevant") 
176     Page 31, line 30, after ("England") insert ("and police authorities in Wales") 
177     Page 31, line 32, at end insert ("or a police authority in Wales") 
178     Page 31, line 35, after ("England") insert ("and a police authority in Wales") 
179     Page 31, line 38, after ("England") insert ("or a police authority in Wales") 
180     Page 31, line 44, after ("Wales") insert ("other than police authorities") 
181     Page 32, line 2, at end insert--
    ("(  )  as to the term of office of members of any such committees,")
 
182     Page 32, line 7, leave out ("standards") 
183     Page 32, line 9, at end insert--
    ("(da)  with respect to the access of the public to meetings of such committees,
    (db)  with respect to the publicity to be given to meetings of such committees,
    (dc)  with respect to the production of agendas for, or records of, meetings of such committees,
    (dd)  with respect to the availability to the public or members of relevant authorities of agendas for, records of or information connected with meetings of such committees,")
 
184     Page 32, line 10, after second ("of") insert ("any") 
185     Page 32, line 12, after ("Wales") insert ("(other than police authorities)") 
186     Page 32, line 15, at end insert--
 
    ("(  )  The provision which may be made by virtue of subsection (6)(ba) to (bd) or (11)(da) to (dd) includes provision which applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972.")
 
  
Clause 50
 
187     Page 32, line 34, at end insert ("and police authorities in Wales") 
188     Page 32, line 37, at end insert ("(other than police authorities)") 
189     Page 32, line 39, leave out ("local") and insert ("relevant") 
190     Page 32, line 40, at end insert ("and police authorities in Wales") 
191     Page 32, line 42, leave out ("local") and insert ("relevant") 
192     Page 32, line 43, at end insert ("(other than police authorities)") 
193     Page 32, line 44, leave out subsection (8) 
  
Clause 51
 
194     Page 33, line 23, leave out ("terms") and insert ("term") 
195     Page 33, line 45, after ("and") insert ("(ba) to") 
196     Page 34, line 7, leave out subsection (11) and insert--
 
    ("(11)  Any function which by virtue of the following provisions of this Part is exercisable by or in relation to the standards committee of a relevant authority which is a parish council is to be exercisable by or in relation to--
    (a)  the standards committee of the district council or unitary county council which is the responsible authority in relation to the parish council, or
    (b)  where that standards committee has appointed a sub-committee under this section, that sub-committee;
and any reference in the following provision of this Part to the standards committee of a relevant authority which is a parish council is to be construed accordingly.")
 
  
Clause 52
 
197     Page 35, line 10, leave out subsection (7) and insert--
 
    ("(7)  Any function which by virtue of the following provisions of this Part is exercisable by or in relation to the standards committee of a relevant authority which is a community council is to be exercisable by or in relation to--
    (a)  the standards committee of the county council or county borough council in whose area the community council is situated, or
    (b)  where that standards committee has appointed a sub-committee under this section, that sub-committee;
and any reference in the following provision of this Part to the standards committee of a relevant authority which is a community council is to be construed accordingly.")
 
  
Clause 53
 
198     Page 35, line 25, leave out ("under") and insert ("by") 
199     Page 35, line 26, at end insert--
 
    Page 35, line 26, at end insert--
 
    ("(  )  In exercising its functions the Standards Board for England must have regard to the need to promote and maintain high standards of conduct by members and co-opted members of relevant authorities in England.")
 
200     Page 35, line 29, leave out ("section 55") and insert ("this Part") 
201     Page 35, line 30, leave out ("in relation") and insert ("and police authorities in Wales on matters relating") 
202     Page 35, line 31, leave out second ("the") 
203     Page 35, line 32, after ("authorities,") insert--
    ("(  )  may issue guidance to relevant authorities in England and police authorites in Wales in relation to the qualifications or experience which monitoring officers should possess,")
 
  
Clause 54
 
204     Page 35, line 37, after second ("member") insert ("(or former member or co-opted member)") 
205     Page 35, line 41, after ("to") insert ("one of") 
206     Page 35, line 42, at end insert--
 
    ("(  )  If the Standards Boards for England considers that a written allegation under subsection (1) should not be investigated, it must take reasonable steps to give written notification to the person who made the allegation of the decision and the reasons for the decision.")
 
  
Clause 55
 
207     Page 36, line 6, after ("member") insert ("(or former member or co-opted member)") 
208     Page 36, line 25, at end insert--
 
    ("(5)  Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England, the reference in subsection (4)(c) to the monitoring officer of the relevant authority concerned is to be treated as a reference either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority (and accordingly an ethical standards officer who reaches a finding under subsection (4)(c) must decide to which of those monitoring officers to refer the matters concerned).")
 
  
Clause 56
 
209     Page 36, line 27, leave out subsection (1) 
210     Page 36, line 36, at end insert--
 
    ("(  )  Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England, an ethical standards officer may, if he thinks it more appropriate than making such a reference as is mentioned in subsection (3)(b), refer the matters which are the subject of the investigation to the monitoring officer of that other relevant authority.")
 
211     Page 36, line 38, at end insert ("(or former member or co-opted member)") 
212     Page 36, line 41, leave out ("or sub-committee") and insert ("sub-committee, joint committee or joint sub-committee") 
213     Page 37, line 5, at end insert ("or any breach falling within paragraph 3(2A) of that Schedule") 
  
Clause 57
 
214     Page 37, line 12, leave out ("authority's") and insert ("relevant authority concerned's") 
215     Page 37, line 21, leave out ("that authority") and insert ("the relevant authority concerned") 
216     Page 37, line 22, at end insert--
 
    ("(5)  Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England, any reference in subsection (4) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.")
 
  
Clause 58
 
217     Page 37, line 27, after second ("member") insert ("(or former member or co-opted member)") 
218     Page 37, line 42, after second ("member") insert ("(or former member or co-opted member") 
219     Page 38, line 2, leave out ("written") 
220     Page 38, line 31, leave out ("this section") and insert ("subsection (2) or (4)") 
  
Clause 59
 
221     Page 38, line 35, at end insert ("57 or") 
222     Page 38, line 39, after ("officer,") insert ("the Commission for Local Administration in Wales,") 
223     Page 38, line 40, leave out ("a tribunal drawn from") and insert ("the president, deputy president or any tribunal of") 
224     Page 39, line 15, after ("information") insert ("or a document") 
225     Page 39, line 15, at end insert ("or (3)") 
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 7 July 2000