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

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Schedule 4
 
451     Page 74, line 25, at end insert-- 
 ("Children and Young Persons Act 1933 (c. 12) 
     .  In section 34A of the Children and Young Persons Act 1933 (attendance at court of parent or guardian), in subsection (2)(b) for the words "stand referred to their social services committee under" there is substituted "are social services functions within the meaning of".
 
    .  In section 55 of that Act (power to order parent or guardian to pay fine etc), in subsection (5)(b) for the words "stand referred to their social services committee under" there is substituted "are social services functions within the meaning of".")
 
452     Page 74, line 26, at end insert--
 
    ("  .  In section 2 of the Local Authority Social Services Act 1970 (local authority to establish social services committees)--
    (a)  in subsection (1), for paragraphs (a) and (b) there is substituted "their social services functions",
    (b)  subsection (2) is omitted.")
 
453     Page 74, line 27, leave out ("the Local Authority Social Services Act 1970") and insert ("that Act") 
454     Page 74, line 30, leave out from ("subsection") to end of line 31 and insert ("(3), for "2(2)" there is substituted "1A".") 
455     Page 74, line 33, leave out ("inserted "6(6A)"") and insert ("substituted "1A".
 
    .  In Schedule 1 to that Act (enactments conferring functions assigned to social services committees) after the entry relating to the Housing Act 1985 there is inserted--
 
 Disabled Persons (Services, Consultation and Representation) Act 1986
Sections 1 to 5, 7 and 8 except in so far as they assign functions to a local authority in their capacity as a local education authority.
Representation and assessment of disabled persons.".")  
456     Page 74, line 34, at end insert-- 
     ("3A.  In section 80 of the Local Government Act 1972 (disqualifications for election and holding office as member of local authority), in subsection (1)--
    (a)  in paragraph (e) the words "or under the Audit Commission Act 1998" are omitted,
    (b)  after that paragraph there is inserted--
    or
      (f)  holds any paid office or employment appointments to which are or may be made or confirmed by a fire authority--
1972 c. 70.
 
            (i)  which is constituted by a combination scheme under the Fire Services Act 1947, and
            (ii)  in relation to which the local authority is a constituent authority."")
1947 c 41.
457     Page 74, line 35, leave out ("the Local Government Act 1972") and insert ("that Act") 
458     Page 74, line 38, leave out ("under section 73(4)(a)(i) or (ii)") and insert ("or partially suspended under section 62, 68, 72 or 73") 
459     Page 74, line 39, leave out ("discounted") and insert ("disregarded") 
460     Page 74, line 43, after ("suspension") insert ("or partial suspension") 
461     Page 74, line 43, at end insert--
 
    ("4A.  In section 86 of that Act (declaration by local authority of vacancy in office in certain cases), in subsection (1)(b) after "1998" there is inserted "or section 73 of the Local Government Act 2000".
 
    4B. In section 87(1) of that Act (date of casual vacancies)--
    (a)  after paragraph (e) there is inserted--
      (ee)  in the case of a disqualification under section 73 of the Local Government Act 2000, on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant decision under that section or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;",
    (b)  in paragraph (f), for "(e)" there is substituted "(ee)".
    4C.  Sections 94 to 98 of that Act (restrictions on voting) cease to have effect.
 
    4D.  Section 105 of that Act (disability for voting on account of interest in contracts etc) ceases to have effect.")
 
462     Page 75, line 1, at end insert-- 
     ("  .  In section 25(1) of the Local Government Act 1974 (authorities to which Part III applies) after paragraph (bf) there is inserted--1974 c. 7.
 
      (bg)  a fire authority constituted by a combination scheme under the Fire Services Act 1947;"")
1947 c. 41.
463     Page 75, line 2, leave out ("the Local Government Act 1974") and insert ("that Act") 
464     Page 75, line 6, at end insert-- 
 ("Adoption Act 1976 (c. 36) 
     .  In section 2 of the Adoption Act 1976 (local authorities' social services), for the words "stand referred to the authority's social services committee" there is substituted "are social services functions within the meaning of the Local Authority Social Services Act 1970". 
 National Health Service Act 1977 (c. 49) 
     .  In section 28A of the National Health Service Act 1977 (power to make payments towards expenditure on community services), in subsection (2)(a) for the words from "any function" to "committee" there is substituted "any social services functions (within the meaning of the Local Authority Social Services Act 1970)". 
 Registered Homes Act 1984 (c. 23) 
     .  In its application to a registration authority which are operating executive arrangements (within the meaning of Part II of this Act), section 13 of the Registered Homes Act 1984 (right to make representations) shall have effect as if for subsection (5) there were substituted--
        (5)  If he informs the registration authority that he desires to make oral representations, they shall make arrangements to enable him to make such representations."
 
 Children Act 1989 (c. 41) 
     .  In section 22 of the Children Act 1989 (general duty of local authority in relation to children looked after by them), in subsection (1)(b) for the words "stand referred to their social services committee under" there is substituted "are social services functions within the meaning of".
 
    .  In section 42 of that Act (right of guardian ad litem to have access to local authority records), in subsection (1)(b) for the words "stand referred to their social services committee under" there is substituted "are social services functions within the meaning of".
 
    .  In section 81 of that Act (inquiries), in subsection (1)(a) for the words "the social services committee of a local authority" there is substituted "a local authority which are social services functions within the meaning of the Local Authority Social Services Act 1970".
 
    .  In section 105 of that Act (interpretation), in subsection (5) for the words "which stand referred to the social services committee of that or any other local authority under" there is substituted "of that or any other local authority which are social services functions within the meaning of".
 
    .  In its application to a local authority (within the meaning of Schedule 6 to that Act) which are operating executive arrangements (within the meaning of Part II of this Act), paragraph 6 of that Schedule (right to make representations) shall have effect as if for subsection (5) there were substituted--
        (5)  If he informs the local authority that he desires to make oral representations, they shall make arrangements to enable him to make such representations."")
 
465     Page 75, line 14, leave out ("that authority's head of") and insert ("the head of that authority's") 
466     Page 75, line 22, at end insert ("and") 
467     Page 75, line 24, leave out from first ("authority") to end of line 25 and insert ("police authority or port health authority."") 
468     Page 75, line 25, at end insert--
 
    ("(  )  In subsection (2), the words "or of any code of practice made or approved by or under any enactment" are omitted.
 
     (  )  In subsection (2), as substituted in relation to the Greater London Authority by section 73(6) of the Greater London Authority Act 1999, in paragraph (a) the words "or of any code of practice made or approved by or under any enactment" are omitted.
 
    (  )  After that subsection there is inserted--
1999 c. 29.
 
        (2A)  No duty shall arise by virtue of subsection (2)(b) above unless a Local Commissioner (within the meaning of the Local Government Act 1974) has conducted an investigation under Part III of that Act in relation to the proposal, decision or omission concerned."")
1974 c. 7.
469     Page 75, line 27, at end insert--
 
    ("(  )  After that subsection there is inserted--
        (8A)  Any reference in this section to the duties of a monitoring officer imposed by this section, or to the duties of a monitoring officer under this section, shall include a reference to the functions which are conferred on a monitoring officer by virtue of Part III of the Local Government Act 2000."")
 
470     Page 75, line 27, at end insert--
 
    ("6A.  Section 19 of that Act (members' interests) ceases to have effect.")
 
471     Page 75, line 38, at end insert-- 
 ("Audit Commission Act 1998 (c. 18) 
     9A.  In section 37 of the Audit Commission Act 1998 (social services studies for Secretary of State), for subsection (2) there is substituted--
        (2)  In this section "social services functions" means functions which are social services functions within the meaning of the Local Authority Social Services Act 1970."
    9B.  In section 49 of that Act (restriction on disclosure of information), after subsection (1)(d) there is inserted--
      (dd)  for the purposes of the functions of an ethical standards officer or a Local Commissioner in Wales under Part III of the Local Government Act 2000".")
 
 Greater London Authority Act 1999 (c. 29) 
     9C.  In section 6 of the Greater London Authority Act 1999 (failure to attend meeting of the Assembly), after subsection (4) there is inserted--
        (5)  Any period during which an Assembly member is suspended or partially suspended under section 62, 68, 72 or 73 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1)."
    9D.  Section 13 of that Act (failure of Mayor to attend meetings) is to become subsection (1) of that section and after that subsection there is inserted--
        (2)  Any meeting of the Assembly which the Mayor is unable to attend because he is suspended or partially suspended under section 62, 68, 72 or 73 of the Local Government Act 2000 shall be disregarded for the purposes subsection (1) above."
    9E.  In section 31 of that Act (limits of the general power), in subsection (5), for paragraphs (a) and (b) there is substituted "any social services function within the meaning of the Local Authority Social Services Act 1970".
 
    9F.  Section 66 of that Act (the Secretary of State's guidance on ethical standards) ceases to have effect.")
 
  
Schedule 5
 
472     Page 76, line 4, column 3, at beginning insert-- 
  ("Section 2(2).") 
473     Page 76, line 8, at end insert-- 
 ("1972 c. 70. Local Government Act 1972.In section 80(1)(e), the words "or under the Audit Commission Act 1998".
Sections 94 to 98.
In section 100D(2), "of the list, or".
Section 105.
In section 265A(1)(b), "94 to 98".")
 
474     Page 76, line 13, at end insert-- 
 ("1976 c. 57. Local Government (Miscellaneous Provisions) Act 1976. In section 25(8), the words from "Without prejudice" to "inhabitants of its area)". 
 1978 c. 50. Inner Urban Areas Act 1978. In section 13, the words "section 137(1) of the Local Government Act 1972 or". 
 1985 c. 51. Local Government Act 1985. In Schedule 14, paragraph 13. 
 1985 c. 67. Transport Act 1985. In section 74(12), "section 94 of the 1972 Act or". 
 1985 c. 68. Housing Act 1985. Section 11A(4). 
 1986 c. 10. Local Government Act 1986. Section 2A. 
 1986 c. 60. Financial Services Act 1986. In Schedule 16, paragraph 8(a). 
 1988 c. 9. Local Government Act 1988. Section 28.")  
475     Page 76, line 14, column 3, at beginning insert-- 
  ("In section 5(2)(a), and in section 5(2)(a) as substituted by section 73(6) of the Greater London Authority Act 1999, the words "or of any code of practice made or approved by or under any enactment".") 
476     Page 76, line 14, column 3, after ("Sections") insert ("19") 
477     Page 76, line 15, column 3, at end insert-- 
  ("In Schedule 11, paragraphs 22 and 23.") 
478     Page 76, line 15, at end insert-- 
 ("1992 c. 14. Local Government Finance Act 1992. In Schedule 13, paragraph 32. 
 1994 c. 19. Local Government (Wales) Act 1994. In Schedule 15, paragraph 25. 
 1994 c. 29. Police and Magistrates' Courts Act 1994. In Schedule 4, paragraph 7. 
 1995 c. 25. Environment Act 1995. In Schedule 7, paragraphs 9 and 10. 
 1996 c. 16. Police Act 1996. In Schedule 7, in paragraph 1(2)(h), "98(1A)" and paragraph 21.") 
479     Page 76, line 16, at end insert-- 
 ("1997 c. 50. Police Act 1997. In Schedule 6, paragraphs 1 and 2.") 
480     Page 76, line 24, column 3, leave out ("and (5)(b)") and insert ("(5)(b), (7) and (8)") 
481     Page 76, line 27, column 3, at end insert-- 
  ("In Schedule 3, paragraph 3(1).") 
482     Page 76, line 27, at end insert-- 
 ("1998 c. 31. School Standards and Framework Act 1998. In Schedule 30, paragraph 13.") 
483     Page 76, line 27, at end insert-- 
 ("1999 c. 29. Greater London Authority Act 1999. Section 66. 
  In Schedule 8, paragraphs 6 and 7.") 
  
In the Title
 
484     Line 4, after ("services;") insert ("to amend section 29 of the Children Act 1989;") 
 
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