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

back to previous amendments
 
  
Clause 60
 
226     Page 39, line 26, at end insert ("of the relevant authority concerned") 
227     Page 39, line 30, leave out ("that relevant authority") and insert ("the relevant authority concerned") 
228     Page 39, line 35, at beginning insert ("subject to subsection (3A)(b)") 
229     Page 39, line 38, leave out ("that relevant authority") and insert ("the relevant authority concerned") 
230     Page 40, line 3, at end insert--
 
    ("(3A)  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--
    (a)  the references in subsections (1)(b), (c) and (d), (2)(c) and (3)(c) to the relevant authority concerned are to be treated as including references to that other relevant authority, and
    (b)  an ethical standards officer who reaches a finding under section 55(4)(c) must refer the matters concerned either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority.")
 
231     Page 40, line 5, after second ("members") insert ("(or former members of co-opted members)") 
232     Page 40, line 8, leave out ("member or co-opted member of the relevant authority concerned") and insert ("person") 
  
Clause 61
 
233     Page 40, line 14, leave out subsection (1) and insert--
 
    ("(1)  Where he considers it necessary in the public interest, an ethical standards officer may, before the completion of an investigation under section 55, produce an interim report on that investigation.")
 
234     Page 40, line 19, after ("members") insert ("(or former members or co-opted members)") 
235     Page 40, line 23, leave out ("a relevant authority") and insert ("the relevant authority concerned") 
236     Page 40, line 25, leave out ("or (5)(b)") 
237     Page 40, line 26, after ("suspend") insert ("or partially suspend") 
238     Page 40, line 28, leave out from second ("suspended") to ("not") in line 31 and insert ("from being a member or co-opted member of the relevant authority concerned for a period which does") 
239     Page 40, line 39, leave out ("member or co-opted member of the relevant authority concerned") and insert ("person") 
240     Page 40, line 43, leave out subsection (7) and insert--
 
    ("(7)  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--
    (a)  the second reference in subsection (3) to the relevant authority concerned is to be treated as a reference to that other relevant authority, and
    (b)  the reference in subsection (6)(b) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.
    (8)  In this Part "partially suspended" and cognate expressions are to be construed in accordance with section 77(7) and (8).")
 
  
Clause 62
 
241     Page 41, leave out line 6 and insert (" 60(2)") 
242     Page 41, line 22, after second ("member") insert ("(or former member or co-opted member)") 
243     Page 41, line 23, at end insert--
    ("(  )  the publicity to be given to any such report, recommendations or action.")
 
244     Page 41, line 30, after second ("member") insert ("(or former member or co-opted member)") 
245     Page 41, line 35, after second ("member") insert ("(or former member or co-opted member)") 
246     Page 41, line 39, after second ("member") insert ("(or former member or co-opted member)") 
247     Page 41, leave out line 46 and insert (" 60(2)") 
  
After Clause 62
 
248     Insert the following new Clause-- 
     ("  .--(1)  If, at any stage in the course of conducting an investigation under section 55, an ethical standards officer forms the opinion that the matters which are the subject of the investigation relate partly to a matter which could be the subject of an investigation under Part III of the Local Government Act 1974, he may consult the appropriate Local Commissioner about the investigation and, if he considers it necessary, inform any person who made the allegation which gave rise to the investigation of the steps necessary to initiate a complaint under Part III of that Act.
 
    (2)  If, at any stage in the course of conducting an investigation under Part III of that Act, a Local Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under section 55 of this Act, he may consult the Standards Board for England about the investigation and, if he considers it necessary, inform the person initiating the complaint of the steps necessary to make an allegation under section 54.
 
    (3)  Consultation under subsection (1) or (2) may relate to any matter concerned with the investigation, including--
    (a)  the conduct of the investigation, and
    (b)  the form, content and publication of any report relating to the investigation.
Consultation with Local Commissioner.
1974 c. 7.
     (4)  Nothing in section 32(2) of the Local Government Act 1974 or section 59(1) of this Act shall apply in relation to the disclosure of information in the course of consultation held in accordance with this section.1974 c. 7.
     (5)  In this section "Local Commissioner" has the same meaning as in Part III of the Local Government Act 1974.")1974 c. 7.
  
Clause 63
 
249     Page 42, line 9, after ("Wales") insert ("(other than police authorities)") 
250     Page 42, line 11, after ("authorities") insert--
    ("(  )  may issue guidance to relevant authorities in Wales (other than police authorities) in relation to the qualifications or experience which monitoring officers should possess,")
 
  
Clause 64
 
251     Page 42, line 33, after second ("member") insert ("(or former member or co-opted member)") 
252     Page 42, line 36, at end insert ("(or former member or co-opted member)") 
253     Page 42, line 39, at end insert--
 
    ("(  )  If a Local Commissioner in Wales considers that a written allegation under subsection (1)(a) should not be investigated, he must take reasonable steps to give written notification to the person who made the allegation of the decision and the reasons for the decision.")
 
254     Page 43, line 8, 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 Wales, the reference in subsection (3)(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 a Local Commissioner in Wales who reaches a finding under subsection (3)(c) must decide to which of those monitoring officers to refer the matters concerned).")
 
  
Clause 65
 
255     Page 43, 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 Wales, a Local Commissioner in Wales may, if he thinks it more appropriate than making such a reference as is mentioned in subsection (4), refer the matters which are the subject of the investigation to the monitoring officer of that other relevant authority.")
 
  
Clause 66
 
256     Page 43, line 37, at beginning insert ("subject to subsection (3A)(b)") 
257     Page 44, line 6, at end insert--
 
    ("(3A)  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 Wales--
    (a)  the references in subsections (1)(b), (c) and (d), (2)(c) and (3)(c) to the relevant authority concerned are to be treated as including references to that other relevant authority, and
    (b)  a Local Commissioner in Wales who reaches a finding under section 64(3)(c) must refer the matters concerned either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority.")
 
258     Page 44, line 8, after second ("members") insert ("(or former members or co-opted members)") 
  
Clause 67
 
259     Page 44, line 16, leave out subsection (1) and insert--
 
    ("(1)  Where he considers it necessary in the public interest, a Local Commissioner in Wales may, before the completion of an investigation under section 64, produce an interim report on that investigation.")
 
260     Page 44, line 21, after ("members") insert ("(or former members or co-opted members)") 
261     Page 44, line 25, leave out ("a relevant authority") and insert ("the relevant authority concerned") 
262     Page 44, line 27, leave out ("or (5)(b)") 
263     Page 44, line 28, after ("suspend") insert ("or partially suspend") 
264     Page 44, line 30, leave out from second ("suspended") to ("not") in line 33 and insert ("from being a member or co-opted member of the relevant authority concerned for a period which does") 
265     Page 44, line 43, at end insert--
 
    ("(7)  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 Wales--
    (a)  the second reference in subsection (3) to the relevant authority concerned is to be treated as a reference to that other relevant authority, and
    (b)  the reference in subsection (6)(b) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.")
 
  
Clause 68
 
266     Page 45, leave out line 6 and insert (" 66(2)") 
267     Page 45, line 22, after second ("member") insert ("(or former member or co-opted member)") 
268     Page 45, line 23, at end insert--
    ("(  )  the publicity to be given to any such reports, recommendations or action.")
 
269     Page 45, line 30, after second ("member") insert ("(or former member or co-opted member)") 
270     Page 45, line 35, after second ("member") insert ("(or former member or co-opted member)") 
271     Page 45, line 39, after second ("member") insert ("(or former member or co-opted member)") 
272     Page 45, line 42, at end insert--
 
    ("(  )  In its application to police authorities in Wales, subsection (1) has effect as if for the reference to the National Assembly for Wales there were substituted a reference to the Secretary of State.")
 
273     Page 45, leave out line 46 and insert (" 66(2)") 
  
After Clause 68
 
274     Insert the following new Clause-- 
     ("  .  For the purposes of the law of defamation, any statement (whether written or oral) made by a Local Commissioner in Wales in connection with the exercise of his functions under this Part shall be absolutely privileged.")Law of defamation.
  
Clause 69
 
275     Page 46, line 10, leave out from ("the") to end of line 11 and insert ("Lord Chancellor.
 
    (3A)  The Lord Chancellor--
    (a)  must appoint one of the members of the Adjudication Panel for England as president of the Panel, and
    (b)  may appoint one of those members as deputy president of the Panel.")
 
276     Page 46, line 19, at beginning insert ("Such members of") 
277     Page 46, line 19, leave out ("must include persons possessing") and insert ("as the Lord Chancellor thinks fit must possess") 
278     Page 46, line 20, leave out ("Secretary of State") and insert ("Lord Chancellor") 
279     Page 46, line 21, at beginning insert ("Such members of") 
280     Page 46, line 21, leave out ("must include persons possessing") and insert ("as the National Assembly for Wales thinks fit must possess") 
281     Page 46, line 24, after second ("president") insert ("(if any)") 
282     Page 46, line 33, at end insert--
 
    ("(  )  The Lord Chancellor must obtain the consent of the Secretary of State before making any appointment under subsection (3) or (3A) or any determination under subsection (6).")
 
  
Clause 70
 
283     Page 47, line 1, leave out subsection (4) 
284     Page 47, line 16, after second ("member") insert ("(or former member or co-opted member)") 
285     Page 47, line 20, at end insert--
 
    ("(8A)  A member of the relevant Adjudication Panel who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an adjudication conducted by a case tribunal or interim case tribunal--
    (a)  must disclose the nature of his interest to the president or deputy president of that Panel, and
    (b)  may not be a member of a case tribunal or interim case tribunal which conducts an adjudication in relation to that matter.
    (8B)  Where there is no deputy president of the relevant Adjudication Panel, the reference in subsections (3) and (8A) to the deputy president is to be treated as a reference to such member of the Panel as the Lord Chancellor or (as the case may require) the National Assembly for Wales may specify.")
 
286     Page 47, line 26, leave out ("Secretary of State") and insert ("Lord Chancellor") 
287     Page 47, line 28, at end insert--
 
    ("(  )  The Lord Chancellor must obtain the consent of the Secretary of State before issuing any guidance under subsection (10).")
 
  
Clause 71
 
288     Page 47, line 44, at end insert--
 
    ("(  )  The president of the Adjudication Panel for England may, after consultation with the Secretary of State, give directions as to the practice and procedure to be followed by tribunals drawn from the Panel.")
 
289     Page 48, line 2, at end insert--
 
    ("(  )  The president of the Adjudication Panel for Wales may, after consultation with the National Assembly for Wales, give directions as to the practice and procedure to be followed by tribunals drawn from the Panel.")
 
290     Page 48, line 12, leave out sub-paragraph (ii) 
291     Page 48, line 15, at end insert ("(including provision with respect to interest and provision with respect to the enforcement of any such award)") 
 
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