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

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Clause 72
 
292     Page 48, line 29, leave out (" 67") and insert (" 67(3)") 
293     Page 48, line 33, leave out from ("concerned") to ("not") in line 39 and insert ("for a period which does") 
294     Page 48, line 46, after ("must") insert ("give details of the suspension or partial suspension and") 
295     Page 49, line 15, leave out ("cease to have effect on the day that") and insert ("not extend beyond the day on which") 
296     Page 49, line 19, leave out ("member or co-opted member of the relevant authority concerned") and insert ("person") 
297     Page 49, line 21, at end insert--
 
    ("(  )  In a case where section 61(7) or 67(7) applies, the references in subsection (3) and (8)(b) to the relevant authority concerned are to be treated as including a reference to the relevant authority of which the person concerned was formerly a member or co-opted member.")
 
298     Page 49, line 28, at end insert ("or partial suspension") 
  
Clause 73
 
299     Page 49, line 39, leave out from ("(4)") to end of line 6 on page 50 and insert--
 
    ("(4)  A person may be--
    (a)  suspended or partially suspended from being a member or co-opted member of the relevant authority concerned, or
    (b)  disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority.")
 
300     Page 50, line 8, leave out ("or (5)(a)") 
301     Page 50, line 9, after ("suspended") insert ("or partially suspended") 
302     Page 50, line 12, leave out ("or (5)(b)") 
303     Page 50, line 16, leave out ("or (5)") 
304     Page 50, line 23, after ("suspended") insert ("or partially suspended") 
305     Page 50, line 23, leave out ("or (5)(a)") 
306     Page 50, line 28, after ("suspended") insert ("or partially suspended") 
307     Page 50, line 28, leave out ("authority") and insert ("relevant authority concerned") 
308     Page 50, line 29, leave out ("to the extent") and insert ("in the way") 
309     Page 50, line 34, leave out ("or (5)(b)") 
310     Page 50, line 39, leave out ("being elected or appointed, a member or co-opted") and insert ("becoming (whether by election or otherwise), a") 
311     Page 51, line 6, at end insert--
 
    ("(  )  Where the person concerned 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 the same country (that is to say, England or Wales)--
    (a)  a copy of any notice under subsection (2), (8), or (11) must also be given to the standards committee of that other relevant authority,
    (b)  the references in subsections (4)(a) and (9)(c) to the relevant authority concerned are to be treated as references to that other relevant authority,
    (c)  the duty to give notice to the standards committee of the relevant authority concerned under subsection (9) is to be treated as a duty--
          (i)  to give that notice to the standards committee of that other relevant authority, and
          (ii)  to give a copy of that notice to the standards committee of the relevant authority concerned,
    (d)  the reference in subsection (13)(c) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.")
 
  
Clause 74
 
312     Page 51, line 14, leave out from beginning to ("about") in line 16 and insert ("A case tribunal which has adjudicated on any matter may make recommendations to a relevant authority") 
313     Page 51, line 29, leave out ("must") and insert ("may") 
314     Page 51, line 30, 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.
  
Clause 75
 
315     Page 52, line 4, leave out ("Every") and insert ("The monitoring officer of each") 
316     Page 52, line 28, leave out subsections (6) to (9) and insert--
 
    ("(6)  A relevant authority must ensure that copies of the register for the time being maintained by their monitoring officer under this section are available at an office of the authority for inspection by members of the public at all reasonable hours.
 
    (7)  As soon as practicable after the establishment by their monitoring officer of a register under this section, a relevant authority must--
    (a)  publish in one or more newspapers circulating in their area a notice which--
          (i)  states that copies of the register are available at an office of the authority for inspection by members of the public at all reasonable hours, and
          (ii)  specifies the address of that office, and
    (b)  inform the Standards Board for England that copies of the register are so available.")
 
317     Page 52, line 39, leave out ("Wales") and insert ("standards committees of relevant authorities in Wales (other than police authorities)") 
318     Page 52, line 39, leave out ("(4)") and insert ("(5)") 
  
Clause 76
 
319     Page 52, line 45, at end insert ("and police authorities in Wales") 
320     Page 53, line 3, at end insert ("(other than police authorities)") 
321     Page 53, line 3, at end insert--
 
    ("(  )  The power under subsection (1) or (2) to issue a code includes power--
    (a)  to issue a separate code for council managers (within the meaning of Part II of this Act), and
    (b)  to revise any code which has been issued.")
 
322     Page 53, line 6, leave out ("local government, and of local government employees, in England") and insert ("relevant authorities in England, and of employees of such authorities") 
323     Page 53, line 9, 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, and of employees of such authorities, as he considers appropriate,
    (b)  the Commission for Local Administration in Wales, and
    (c)  the National Assembly for Wales.")
 
324     Page 53, line 12, leave out ("local government, and of local government employees, in Wales") and insert ("relevant authorities in Wales, and of employees of such authorities,") 
325     Page 53, line 19, leave out from ("code") to end of line 20 and insert ("for the time being under this section which is applicable") 
326     Page 53, line 22, leave out from ("means") to end of line 27 and insert ("an employee of the authority other than an employee falling with any description of employee specified in regulations under this subsection.
 
    (  )  The power to make regulations under subsection (7) is to be exercised--
    (a)  in relation to England, by the Secretary of State, and
    (b)  in relation to Wales, by the National Assembly for Wales.")
 
  
Clause 77
 
327     Page 53, line 35, leave out ("has") and insert ("and "elected executive member" have") 
328     Page 53, line 35, at end insert ("and (2)") 
329     Page 53, line 38, leave out (", in relation to a local authority,") 
330     Page 54, line 1, after ("code"") insert ("of conduct"") 
331     Page 54, line 2, at end insert--
    (""police authority" means a police authority established under section 3 of the Police Act 1996,")
 
332     Page 54, line 9, leave out subsections (2) to (4) and insert--
 
    ("(2)  Any reference in this Part to a committee of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to a committee of an executive of the authority.
 
    (3)  Any reference in this Part to a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to an elected mayor or elected executive member of the authority.
 
    (4)  Any reference in this Part to a member of a relevant authority, in the case of the Greater London Authority, is a reference to the Mayor of London or a London Assembly member.
 
    (5)  Any reference in this Part to a joint committee or joint sub-committee of a relevant authority is a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.
 
    (6)  Any reference in this Part to a failure to comply with a relevant authority's code of conduct includes a reference to a failure to comply with the mandatory provisions which apply to the members or co-opted members of the authority by virtue of section 47(4)(b).
 
    (7)  Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.
 
    (8)  The reference in subsection (6) to particular functions or particular responsibilities as a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to particular functions or particular responsibilities as a member of an executive of the authority.
 
    (9)  A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, but this subsection does not apply to a person who is partially suspended under this Part.
 
    (10)  A person who is suspended under this Part from being a member of a relevant authority to which Part II of this Act applies shall also be suspended, if he is a member of an executive of the authority, from being such a member, but this subsection does not apply to a person who is partially suspended under this Part.
 
    (11)  A person who is disqualified under this Part for being or becoming a member of a relevant authority shall also be disqualified--
    (a)  for being or becoming a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, and
    (b)  if the authority is one to which Part II of this Act applies, for being or becoming a member of an executive of the authority.
    (12)  Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a parish council is to be exercisable by or in relation to the monitoring officer of the district council or unitary county council which is the responsible authority in relation to the parish council; and any reference in this Part to the monitoring officer of a relevant authority which is a parish council is to be construed accordingly.
 
    (13)  Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a community council is to be exercisable by or in relation to the monitoring officer of the county council or county borough council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly.
 
    (14)  Any functions which are conferred by virtue of this Part on a relevant authority to which Part II of this Act applies are not to be the responsibility of an executive of the authority under executive arrangements.
 
    (15)  Any functions which are conferred on the Greater London Authority by virtue of this Part are to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.
 
    (16)  Subsections (12) and (13) of section 51 are to apply for the purposes of subsection (12) as they apply for the purposes of that section.")
 
  
Clause 84
 
333     Page 57, line 9, leave out ("and (5)(b)") and insert ("(5)(b), (7) and (8)") 
  
Clause 85
 
334     Page 57, line 22, after ("take") insert ("or has begun to take") 
335     Page 57, line 27, after ("section") insert ("and section 19B") 
336     Page 57, line 42, after ("taking") insert ("or continuing to take") 
337     Page 57, line 44, leave out ("specified in the notice under paragraph (b)") and insert ("(as the case may be)") 
338     Page 58, line 29, leave out ("a copy of a notice or statement") and insert ("any document") 
339     Page 58, line 32, after first ("at") insert ("or sending it by post to") 
340     Page 58, line 33, leave out ("revoked") and insert ("withdrawn") 
341     Page 58, line 36, leave out ("order") and insert ("notice") 
342     Page 58, line 37, leave out ("revocation") and insert ("withdrawal") 
343     Page 58, line 41, leave out from beginning to second ("the") in line 45 and insert--
    ("(  )  where the notice relates to a decision, to make or implement the decision,
    (  )  where the notice relates to a course of action, to take or continue to take the course of action, or
    (  )  where the notice relates to an item of account, to enter the item of account,
unless and until")
 
344     Page 59, line 3, leave out ("reasons") and insert ("statement") 
345     Page 59, line 4, leave out from ("19A(6)") to end of line 6 and insert ("the consequences of doing the thing mentioned in the paragraph of subsection (1) which is relevant,") 
346     Page 59, line 7, after ("body") insert ("or officer") 
347     Page 59, line 8, after ("auditor") insert ("of the accounts of the body") 
348     Page 59, line 19, leave out ("revoked") and insert ("withdrawn") 
  
After Clause 85
 
349     Insert the following new Clause-- 
 ("Maladministration etc. 
     .--(1)  Where a relevant authority consider--
    (a)  that action taken by or on behalf of the authority in the exercise of their functions amounts to, or may amount to, maladministration, and
    (b)  that a person has been, or may have been, adversely affected by that action,
the authority may, if they think appropriate, make a payment to, or provide some other benefit for, that person.
 
    (2)  Any function which is conferred on the Greater London Authority under this section is to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.
 
    (3)  In this section--
    action" includes failure to act,
    relevant authority" has the same meaning as in Part III of this Act.")
Payments in cases of maladministration etc.
 
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