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Session 1999-2000
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Amendments to the Local Government Bill [H.L.]

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

Here you can browse the Amendments to the Local Government Bill [H.L.] to be moved on consideration of Commons Amendments in the House of Lords.

  
Clause 9
 
  
COMMONS AMENDMENT NO. 10

BY THE LORD DIXON-SMITH
 
     The Lord Dixon-Smith to move, as an amendment to the motion that the House do agree with the Commons in their Amendment, leave out "agree" and insert "disagree" 
  
Clause 10
 
  
COMMONS AMENDMENT NO. 11

BY THE LORD DIXON-SMITH
 
     The Lord Dixon-Smith to move, as an amendment to the motion that the House do agree with the Commons in their Amendment, leave out "agree" and insert "disagree" 
  
Clause 11
 
  
COMMONS AMENDMENT NO. 12

BY THE LORD DIXON-SMITH
 
     The Lord Dixon-Smith to move, as an amendment to the motion that the House do agree with the Commons in their Amendment, leave out "agree" and insert "disagree" 
  
COMMONS AMENDMENT NO. 13

BY THE LORD DIXON-SMITH
 
     The Lord Dixon-Smith to move, as an amendment to the motion that the House do agree with the Commons in their Amendment, leave out "agree" and insert "disagree" 
  
COMMONS AMENDMENT NO. 14

BY THE LORD DIXON-SMITH
 
     The Lord Dixon-Smith to move, as an amendment to the motion that the House do agree with the Commons in their Amendment, leave out "agree" and insert "disagree" 
  
Clause 44
 
  
COMMONS AMENDMENT NO. 120

BY THE LORD WHITTY
 
     Line 3, leave out ("paragraph 5A") and insert ("paragraphs 5B to 5I") 
  
COMMONS AMENDMENT NO. 121

BY THE LORD WHITTY
 
     Line 3, leave out ("paragraph 5A") and insert ("paragraphs 5B to 5I") 
     Line 5, leave out ("of the borough") 
  
After Schedule 2
 
  
COMMONS AMENDMENT NO. 437

BY THE LORD WHITTY
 
     Line 11, at end insert--
 
    ("  .--(1)  Section 3 of that Act (chairman of principal council in England) is amended as follows.
 
    (2)  After subsection (1) there is inserted--
        (1A)  A member of the executive of a principal council may not be elected as the chairman of the council."
    (3)  After subsection (4) there is inserted--
        (4A)  Subsection (4) above shall have effect in relation to a district council which are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive as if it provided for the elected mayor of the council to have precedence in the district, but this subsection shall not apply if the executive arrangements provide for it not to apply."
    .--(1)  Section 5 of that Act (vice-chairman of principal council in England) is amended as follows.
 
    (2)  After subsection (1) there is inserted--
        (1A)  A member of the executive of a principal council may not be appointed as the vice-chairman of the council."")
 
     Line 18, at end insert--
 
    ("  .--(1)  Section 22 of that Act (chairman of principal council in Wales) is amended as follows.
 
    (2)  After subsection (1) there is inserted--
        (1A)  A member of the executive of a principal council may not be elected as the chairman of the council."
    (3)  After subsection (4) there is inserted--
        (4A)  Subsection (4) above shall have effect in relation to a principal council which are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive as if it provided for the elected mayor of the council to have precedence in the area of that council, but this subsection shall not apply if the executive arrangements provide for it not to apply."
    .--(1)  Section 24 of that Act (vice-chairman of principal council in Wales) is amended as follows.
 
    (2)  After subsection (1) there is inserted--
        (1A)  A member of the executive of a principal council may not be appointed as the vice-chairman of the council."")
 
     Line 24, at end insert--
 
    ("  .--(1)  Section 80 of that Act (disqualifications for election and holding office as member of local authority) is amended as follows.
 
    (2)  In subsection (1)(a) after "or deputy chairman" there is inserted "or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive".
 
    .--(1)  Section 83 of that Act (declaration of acceptance of office) is amended as follows.
 
    (2)  In subsection (1), after "councillor" there is inserted "or elected mayor".
 
    (3)  In subsection (3), after paragraph (a) there is inserted--
      (aa)  an elected mayor of the council to which the declarant is elected; or".
    .--(1)  Section 84 of that Act (resignation) is amended as follows.
 
    (2)  In subsection (1), after "Act" there is inserted "or elected as an elected mayor".")
 
     Line 30, at end insert--
 
    ("  .--(1)  Section 270 of that Act (general provisions as to interpretation) is amended as follows.
 
    (2)  In subsection (1), after the definition of "Easter break" there is inserted--
      elected mayor" has the same meaning as in Part II of the Local Government Act 2000;".
    (3)  In subsection (1), after the definition of "electoral area" there is inserted--
      executive", "executive arrangements" and "executive leader" have the same meaning as in Part II of the Local Government Act 2000;".
    (4)  In subsection (1), after the definition of "land" there is inserted--
      leader and cabinet executive" has the same meaning as in Part II of the Local Government Act 2000;".
    (5)  In subsection (1), after the definition of "local statutory provision" there is inserted--
      mayor and cabinet executive" and "mayor and council manager executive" have the same meaning as in Part II of the Local Government Act 2000;".
    (6)  After subsection (4) there is inserted--
        (4A)  Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, subsection (4) above shall have effect with the omission of paragraphs (a) and (b)."")
 
     Leave out lines 34 to 43 and insert-- 
 (""Modifications of preceding provisions 
     5A.  Where a London borough council are operating executive arrangements which involve a leader and cabinet executive--
    (a)  paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)--
        (1A)  A member of the executive of a London borough council may not be elected as the mayor of the borough.",
    (b)  paragraph 5 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)--
        (1A)  A member of the executive of a London borough council may not be appointed as the deputy mayor."
    5B.  Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the preceding provisions of this Schedule shall have effect with the modifications specified in paragraphs 5C to 5I below.
 
    5C.  The council shall consist of an elected mayor, a chairman and councillors.
 
    5D.  Paragraphs 2(1) and 2(5) above shall have effect as if for the expression "mayor of a London borough" there were substituted "chairman of a London borough council".
 
    5E.  Paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)--
        (1A)  A member of the executive of a London borough council may not be elected as the chairman of the council."
    5F.  Paragraphs 2(2) to (4) and 3 above shall have effect as if for any reference to "mayor" there were substituted "chairman".
 
    5G.  Paragraph 2(5) above shall have effect as if it provided for the elected mayor to have precedence in the borough, but this paragraph shall not apply if the executive arrangements provide for it not to apply.
 
    5H.  Paragraph 5 above shall have effect as if for sub-paragraphs (1) to (3) there were substituted--
        (1)  A London borough council shall appoint a member of the council to be vice-chairman of the council.
        (1A)  A member of the executive of a London borough council may not be appointed as the vice-chairman of the council.
        (2)  The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.
        (3)  Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman."
    5I.  Paragraph 5(4) above shall have effect as if for the expression "deputy mayor" there were substituted "vice-chairman"."
 
    .--(1)  Schedule 12 to that Act (meetings and proceedings of local authorities) is amended as follows.
 
    (2)  In paragraph 5, after sub-paragraph (3) there is inserted--
        (4)  A member of an executive of a principal council may not be chosen to preside under sub-paragraph (3) above.
        (5)  Sub-paragraphs (2)(c) and (3)(c) above do not apply where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive."")
 
 
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Prepared 19 July 2000