Local Government Bill [H.L.] -
Amendments to be debated in the House of Lords
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Clause 86
 
350     Page 60, line 33, at end insert--
 
    ("(  )  Before making any determination, issuing any guidance or giving any directions under this section relating to all local authorities in England or Wales or any description of such authorities, the Secretary of State or (as the case may be) the National Assembly for Wales must consult--
    (a)  such local authorities or representatives of local authorities as appear to him or it to be appropriate,
    (b)  such recipients, or representatives of recipients, of welfare services as appear to him or it to be appropriate, and
    (c)  such providers, or representatives of providers, of welfare services as appear to him or it to be appropriate.")
 
  
After Clause 86
 
351     Insert the following new Clause-- 
     ("  .--(1)  Subsection (3) applies to information which is held by, or by a person providing services to, the Secretary of State and which relates to income support or income-based jobseeker's allowance.
 
    (2)  Subsection (3) also applies to information relating to housing benefit which is held by--
    (a)  an authority administering housing benefit, or
    (b)  a person authorised to exercise any function of such an authority relating to housing benefit.
    (3)  Information to which this subsection applies may be supplied to--
    (a)  a local authority to which any grant is or will be paid under section 86, or
    (b)  a person authorised to exercise any function of that authority relating to that grant,
for purposes connected with the application of that grant towards expenditure falling within section 86(1) or (2) (as the case may be).
 
    (4)  Information which is supplied to an authority or other person under subsection (3) may be supplied by the authority or person to a person who provides qualifying welfare services for purposes connected with the provision of those services.
 
    (5)  For the purposes of this section a person is to be regarded as providing qualifying welfare services if--
    (a)  he provides welfare services,
    (b)  a local authority contribute or will contribute to the expenditure incurred by him in providing those services, and
    (c)  that contribution is or will be derived (in whole or in part) from any grant which is or will be paid to the authority under section 86.
    (6)  In this section "local authority" and "welfare services" have the same meaning as in section 86.
 
    (7)  The Secretary of State may by order make such modifications of this section as he considers necessary or expedient in consequence of any provision corresponding to section 86 which is enacted by the Scottish Parliament.")
Disclosure of information.
352     Insert the following new Clause-- 
     ("  .--(1)  The persons to whom this section applies are--
    (a)  any person ("the recipient") to whom information is supplied by virtue of section (Disclosure of information),
    (b)  any person who is or has been a director, member of the committee of management, manager, secretary or other similar officer of the recipient, and
    (c)  any person who is or has been employed by the recipient.
    (2)  A person to whom this section applies is guilty of an offence if he discloses without lawful authority any information which is supplied by virtue of section (Disclosure of information) and which relates to a particular person.
 
    (3)  It is not an offence under this section--
    (a)  to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or
    (b)  to disclose information which has previously been disclosed to the public with lawful authority.
    (4)  It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence--
    (a)  he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise, or
    (b)  he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
    (5)  A person guilty of an offence under this section is to be liable--
    (a)  on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, or
    (b)  on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
    (6)  For the purposes of this section a disclosure is to be regarded as made with lawful authority if, and only if, it is made--
    (a)  in accordance with section (Disclosure of information)(4) or any other enactment,
    (b)  in accordance with an order of a court,
    (c)  for the purpose of instituting, or otherwise for the purposes of, any proceedings before a court or tribunal, or
    (d)  with the consent of the appropriate person (as defined in section 123(10) of the Social Security Administration Act 1992).
    (7)  The Secretary of State may by order make such modifications of this section as he considers necessary or expedient in consequence of any provision corresponding to section 86 which is enacted by the Scottish Parliament.")
Unauthorised disclosure of information.
  
After Clause 87
 
353     Insert the following new Clause-- 
     ("  .--(1)  In section 100D of the Local Government Act 1972 (inspection of background papers) for subsection (1) there is substituted--
        (1)  Subject, in the case of section 100C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a principal council are required by section 100B(1) or 100C(1) above to be open to inspection by members of the public--
      (a)  those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and
      (b)  at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the council."
    (2)  In subsection (2) the words "of the list, or" are omitted.")
Access to information; background papers.
354     Insert the following new Clause-- 
     ("  .--(1)  In section 100K of the Local Government Act 1972 (interpretation and application of Part VA), after subsection (2) there is inserted--
        (3)  The Secretary of State may by order amend sections 100A(6)(a) and 100B(3) and (4)(a) above so as to substitute for each reference to three clear days such greater number of days as may be specified in the order.
        (4)  Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament."
    (2)  In Schedule 12 to that Act (meetings and proceedings of local authorities), after paragraph 4 there is inserted--
        4A.--(1)  The Secretary of State may by order amend paragraph 4(2) above so as to substitute for the reference to three clear days such greater number of days as may be specified in the order.
        (2)  Any statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament."")
Meetings and documents: notice etc.
  
Clause 88
 
355     Page 61, line 16, leave out ("of an executive") 
356     Page 61, line 18, leave out (""executive" and "local authority" have") and insert (""local authority" has") 
357     Page 61, line 40, leave out ("which are operating executive arrangements") 
358     Page 61, line 42, leave out ("executive") and insert ("council") 
359     Page 61, line 44, leave out ("and") and insert ("or") 
360     Page 62, line 2, leave out ("every") and insert ("a") 
361     Page 62, line 3, leave out first ("and") and insert ("or") 
362     Page 62, line 4, after ("functions") insert ("as may be specified in the regulations") 
363     Page 62, leave out line 6 and insert--
 
    ("(3BA)  Regulations under this section may make provision for or in connection with enabling a panel established by a body specified in the regulations to exercise such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of such district councils, county councils or London borough councils in England as may be specified in the regulations.
 
    (3BB)  Regulations under this section may make provision for or in connection with the establishment by the National Assembly for Wales on a permanent or temporary basis of a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of county councils and county borough councils in Wales.")
 
364     Page 62, line 14, at end insert--
 
    ("(  )  Regulations under subsection (3BA) may include provision--
    (a)  with respect to the number of persons who may or must be appointed to a panel mentioned in that subsection,
    (b)  with respect to the persons who may or must be appointed to such a panel.
    (  )  Regulations under subsection (3B), (3BA) or (3BB) may include provision--")
 
365     Page 62, line 15, leave out ("the panel of a council to consider and") and insert ("a panel mentioned in that subsection") 
366     Page 62, line 16, leave out first ("the") and insert ("a") 
367     Page 62, line 18, leave out from ("enabling") to ("which") in line 20 and insert ("such a panel to make recommendations to a council as to") 
368     Page 62, line 21, leave out ("executive") and insert ("council") 
369     Page 62, line 22, at end insert--
    ("(  )  which permits different recommendations to be made in relation to different councils or descriptions of council."")
 
370     Page 62, leave out lines 33 and 34 
  
After Clause 89
 
371     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State may by order make provision for or in connection with conferring power on relevant authorities in England and police authorities in Wales to provide indemnities to some or all of their members and officers.
 
    (2)  The National Assembly for Wales may by order make provision for or in connection with conferring power on relevant authorities in Wales (other than police authorities) to provide indemnities to some or all of their members and officers.
 
    (3)  An order under this section may apply--
    (a)  to all relevant authorities, or
    (b)  to any particular description of relevant authority.
    (4)  Before making an order under this section, the Secretary of State or (as the case may be) the National Assembly for Wales must consult--
    (a)  such representatives of relevant authorities,
    (b)  such representatives of employees of relevant authorities, and
    (c)  such other persons,
as he or it considers appropriate.
 
    (5)  In this section--
    member", in relation to a relevant authority, includes--
          (i)  a member of any committee or sub-committee of the authority, or
          (ii)  a person who is a member of, and represents the authority on, any joint committee or sub-committee,
    police authority" and "relevant authority" have the same meaning as in Part III of this Act.")
Indemnification of members and officers of relevant authorities.
  
Clause 90
 
372     Page 63, line 27, leave out ("which operates executive arrangements") and insert ("(within the meaning of that Act) which are operating executive arrangements (within the meaning of Part II of this Act)") 
373     Page 63, line 31, leave out from beginning to ("For") in line 32 and insert ("After section 1 of that Act there is inserted the following section-- 
 <~et>Meaning of "social services functions".     1A.) 
374     Page 63, line 39, leave out ("subsection") and insert ("section") 
375     Page 63, line 40, leave out subsection (4) 
  
After Clause 90
 
376     Insert the following new Clause-- 
      ("  .--(1)  In subsection (3) of section 29 of the Children Act 1989 (recoupment of cost of providing services etc.), after "subsection (1)" there is inserted "for a service provided under section 17 or section 18(1) or (5)".
 
    (2)  After that subsection there is inserted--
        (3A)  No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 or of an income-based jobseeker's allowance."")
Recoupment by local authorities of cost of providing day care.
1989 c. 41.
  
Clause 91
 
377     Leave out Clause 91 
  
After Clause 91
 
378     Insert the following new Clause-- 
 
        ("  .  Section 2A of the Local Government Act 1986 (prohibition on promoting homosexuality by teaching or by publishing material) ceases to have effect.")
Repeal of prohibition on promotion of homosexuality.
1986 c. 10.
  
Clause 92
 
379     Page 64, line 14, after ("provision") insert ("or savings") 
380     Page 64, line 16, leave out paragraph (b) 
381     Page 64, line 20, at end insert--
        ("(2A)  The provision which may be made under subsection (2) includes provision modifying any enactment (whenever passed or made).")
 
382     Page 64, line 21, leave out ("(2)(b)") and insert ("(2A)") 
383     Page 64, line 21, leave out ("enactments") and insert ("an enactment") 
384     Page 64, line 22, leave out ("enactments") and insert ("that enactment") 
385     Page 64, line 23, leave out ("enactments") and insert ("that enactment") 
386     Page 64, line 24, leave out ("enactments") and insert ("that enactment") 
  
Clause 93
 
387     Page 65, line 2, at end insert--
        ("(3)  Any reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an Act which is amended by this Act is to be treated as referring to that Act as amended by this Act.
        (4)  Subsection (3) does not affect the power to make further Orders varying or omitting that reference.")
 
  
Clause 95
 
388     Page 65, line 9, leave out (" 91") and insert ("(Repeal of prohibition on promotion of homosexuality)") 
389     Page 65, line 10, leave out from first ("of") to end of line 11 and insert-- 
 
            ("(i)  section 2A of the Local Government Act 1986,
1986. c. 10.
 
            (ii)  section 28 of the Local Government Act 1988,
1988 c. 9.
 
            (iii)  paragraph 63 of Schedule 37 to the Education Act 1996, and
1996 c. 56.
 
            (iv)  paragraph 13 of Schedule 30 to the School Standards and Framework Act 1998,")
1998 c. 31.
390     Page 65, line 14, at beginning insert ("The following provisions of this Act--
      (a)")  
 
391     Page 65, line 14, after ("to") insert ("(Disclosure of information), (Unauthorised disclosure of information),") 
392     Page 65, line 14, after (" 87") insert--
      ("(b)  in Schedule 4, paragraphs 3A(a), 4C, 4D, 5, 6A, 7 and 9F, and
      (c)  in Schedule 5, the repeal--
            (i)  in section 80(1)(e) of the Local Government Act 1972,
            (ii)  of sections 94 to 98 and 105 of that Act,
            (iii)  in section 265A(1)(b) of that Act,
            (iv)  of the provisions of the Local Government Act 1974, the Local Government Act 1985, the Transport Act 1985 and the Financial Services Act 1986 specified in Schedule 5,
            (v)  of sections 19, 31 and 32(1) of the Local Government and Housing Act 1989,
            (vi)  in Schedule 11 to that Act,
            (vii)  of the provisions of the Local Government Finance Act 1992, the Local Government (Wales) Act 1994, the Police and Magistrates' Courts Act 1994, the Environment Act 1995, the Police Act 1996, the Police Act 1997, the Audit Commission Act 1998 and the Greater London Authority Act 1999 specified in Schedule 5,")
 
393     Page 65, line 19, leave out subsections (5) and (6) and insert--
        ("(  )  The Secretary of State may by order provide--
      (  )  for paragraphs 15A and 16 of Schedule 3 to come into force before the time appointed by subsection (4),
      (  )  for paragraph 9 of Schedule 4 to come into force before the time appointed by that subsection,
      (  )  for any of the provisions of Part III of this Act so far as they relate to police authorities in Wales to come into force before the time appointed by that subsection, or
      (  )  for any of the other provisions mentioned in that subsection to come into force in relation to England before the time apppointed by that subsection.
        (  )  The National Assembly for Wales may by order provide--
      (  )  for paragraph 9 of Schedule 4 to come into force before the time appointed by subsection (4), or
      (  )  for any of the other provisions mentioned in that subsection to come into force in relation to Wales before the time apppointed by that subsection.")
 
 
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