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

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Clause 96
 
394     Page 65, line 30, leave out ("This section and") 
395     Page 65, line 30, after ("sections") insert ("(Disclosure of information), (Unauthorised disclosure of information),") 
396     Page 65, line 31, leave out ("Paragraph 16 of Schedule 3 extends") and insert ("This section, paragraphs 15A and 16 of Schedule 3 and paragraph 9 of Schedule 4 extend") 
397     Page 65, line 33, leave out subsection (5) 
  
Schedule 1
 
398     Page 66, line 11, leave out ("the deputy mayor of the executive") and insert ("his deputy (referred to in this paragraph as the deputy mayor)") 
399     Page 66, line 13, leave out ("of the executive") 
400     Page 66, line 13, at end insert ("resigns as deputy mayor or") 
401     Page 66, line 16, leave out ("of the executive") 
402     Page 66, line 18, leave out ("of the executive") 
403     Page 66, line 21, leave out ("of the executive") 
404     Page 66, line 24, leave out ("of the executive") 
405     Page 66, line 25, leave out ("of the executive") 
406     Page 66, line 27, leave out ("or the authority") 
407     Page 66, line 27, at end insert--
        ("(  )  In the case of a local authority in Wales, the deputy mayor is entitled to the style of "dirprwy faer".")
 
408     Page 66, line 30, at end insert--
        ("(  )  The executive arrangements may include provision with respect to--
      (a)  the election and term of office of the executive leader, and
      (b)  the appointment and term of office of members of the executive appointed under section 11(3)(b)(ii).")
 
409     Page 66, line 36, at end insert-- 
 
        ("(  )  Section 101 of the Local Government Act 1972 does not apply to the function of determining the number of councillors under sub-paragraph (2)(a).")
1972 c. 70.
410     Page 66, line 39, at end insert--
        ("(  )  The executive arrangements may include provision with respect to the appointment and term of office of the council manager.")
 
411     Page 66, line 41, leave out ("the deputy mayor of the executive") and insert ("his deputy (referred to in this paragraph as the deputy mayor)") 
412     Page 66, line 43, leave out ("of the executive") 
413     Page 67, line 2, leave out ("of the executive") 
414     Page 67, line 2, at end insert ("resigns as deputy mayor or") 
415     Page 67, line 5, leave out ("of the executive") 
416     Page 67, line 7, leave out ("of the executive") 
417     Page 67, line 10, leave out ("of the executive") 
418     Page 67, line 13, leave out ("of the executive") 
419     Page 67, line 14, leave out ("of the executive") 
420     Page 67, line 22, at end insert--
        ("(  )  The reference in sub-paragraph (9) to a committee or sub-committee of the authority includes a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.")
 
421     Page 67, line 33, after ("appointment") insert ("by the elected mayor") 
422     Page 67, line 34, leave out ("advisory") 
423     Page 67, line 35, leave out ("advisory committee or committees") and insert ("committee as is mentioned in sub-paragraph (12)") 
424     Page 67, line 36, at end insert--
        ("(  )  In the case of a local authority in Wales, the deputy mayor is entitled to the style of "dirprwy faer".")
 
425     Page 67, line 40, leave out paragraph (a) 
426     Page 67, line 44, at end insert-- 
 ("Meetings of executives and executive committees 
 
        .  A member of a local authority who is not a member of the authority's executive is entitled to attend, and speak at, a meeting of the executive, or of a committee of the executive, which is held in private only if invited to do so.")
 
427     Page 68, line 9, leave out sub-paragraph (4) 
428     Page 69, line 13, leave out from ("the") to ("which") in line 14 and insert ("maintained schools which are maintained by the authority concerned and") 
429     Page 69, line 17, leave out from ("no") to ("which") in line 18 and insert ("maintained schools which are maintained by the authority concerned and") 
430     Page 69, line 30, leave out from first ("the") to ("which") in line 31 and insert ("maintained schools which are maintained by the authority concerned and") 
431     Page 69, line 47, leave out ("in the area of") and insert ("which are maintained by") 
432     Page 70, line 5, after ("enactment") insert ("(whenever passed or made)") 
433     Page 70, line 11, leave out ("in the area of") and insert ("which are maintained by") 
434     Page 70, line 18, at end insert-- 
 
        ("8A.  The following provisions of the Education Act 1996, namely--
      (a)  section 496 (powers of Secretary of State to require duties under that Act to be exercised reasonably), and
      (b)  section 497 (powers of Secretary of State where local education authorities etc. are in default),
    are to apply to the performance of any duty imposed on a local authority by virtue of paragraph 6, 7 or 8 as they apply to the performance by a local education authority of a duty imposed by that Act.")
1996 c. 56.
435     Page 70, line 19, at beginning insert ("Except for the expression "local authority",") 
436     Page 70, line 19, leave out ("8") and insert ("8A") 
  
After Schedule 2
 
437     Insert the following new Schedule-- 
 ("SCHEDULE 
 AMENDMENTS TO THE 1972 ACt 
 
        1.--(1)  Section 2 of the Local Government Act 1972 (constitution of principal councils in England) is amended as follows.
        (2)  After subsection (2) there is inserted--
        (2A)  Where a council mentioned in subsection (1) or (2) above are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors."
    2.--(1)  Section 21 of that Act (constitution of principal councils in Wales) is amended as follows.
 
    (2)  After subsection (1) there is inserted--
        (1A)  Where a council falling within subsection (1) are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors."
    3.--(1)  Section 25A of that Act (title of chairman or vice-chairman of county borough council) is amended as follows.
 
    (2)  After subsection (2) there is inserted--
        (3)  This section does not apply where a county borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive."
    4.--(1)  Section 245 of that Act (status of certain districts, parishes and communities) is amended as follows.
 
    (2)  After subsection (1) there is inserted--
        (1A)  Subsection (1)(b) does not apply where the council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive."
    5.--(1)  Schedule 2 to that Act (constitution and membership of London borough councils) is amended as follows.
 
    (2)  After paragraph 5 there is inserted--
        5A.  Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive--
      (a)  the council shall consist of an elected mayor, a chairman and councillors,
      (b)  for any reference in paragraphs 2 to 5 above to "mayor" (except in the expression "deputy mayor") there is to be substituted "chairman",
      (c)  for any reference in paragraph 5 above to "deputy mayor" there is to be substituted "vice-chairman"."")
 
  
Schedule 3
 
438     Page 71, line 17, leave out ("and") 
439     Page 71, line 18, at end insert ("or
    (  )  the functions of the president, deputy president or any tribunal of the Adjudication Panel for England.")
 
440     Page 71, line 25, leave from first ("being") to end of line 26 and insert ("or becoming (whether by election or otherwise), a member of a local authority or a member of a relevant authority") 
441     Page 71, line 28, leave out ("elected, or being, a member of a local authority") and insert ("or becoming (whether by election or otherwise), a member of a local authority or a member of relevant authority") 
442     Page 71, line 29, leave out ("local") and insert ("relevant") 
443     Page 71, line 31, leave out ("local") and insert ("relevant") 
444     Page 71, line 31, at end insert--
 
    ("(2A)  An ethical standards officer is to be treated as being in breach of the terms of his employment if--
    (a)  he becomes disqualified for being, or becoming (whether by election or otherwise), a member of a local authority or a member of a relevant authority,
    (b)  he becomes a member or an officer of a relevant authority, or
    (c)  he becomes a member of a committee, sub-committee, joint committee or joint sub-committee of a relevant authority.")
 
445     Page 72, line 8, at beginning insert--
 
    ("(A1)  Subject to sub-paragraph (A2), the Standards Board may appoint a chief executive but any such appointment requires the consent of the Secretary of State.
 
    (A2)  The first appointment to the position of chief executive may be made by the Secretary of State after consultation with the chairman (or chairman designate) of the Standards Board.")
 
446     Page 72, line 8, after ("appointing") insert ("a chief executive and") 
447     Page 72, line 16, leave out paragraph (a) and insert--
    ("(  )  assisting any ethical standards officer in the conduct of an investigation under section 55, and")
 
448     Page 72, line 20, leave out ("it thinks fit") and insert ("the Board, with the approval of the Secretary of State, thinks fit.") 
449     Page 73, line 22, at end insert-- 
 ("Law of defamation 
     .  For the purposes of the law of defamation, any statement (whether written or oral) made by an ethical standards officer in connection with the exercise of his functions shall be absolutely privileged.") 
450     Page 74, line 16, at end insert-- 
 ("Parliamentary Commissioner 
     15A.  In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) the following entry is inserted at the appropriate place--
    Standards Board for England."")
 
 
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