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MOTION MOVED ON CONSIDERATION OF COMMONS AMENDMENT NO. 71

71ABaroness Hamwee rose 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".

The noble Baroness said: My Lords, I agree that the procedure is somewhat confusing here. I beg to move.

Moved, That Amendment No. 71A, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 71, be agreed to.--(Baroness Hamwee.)

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On Question, Motion agreed to, and Commons Amendment No. 71 disagreed to accordingly.

COMMONS AMENDMENT

72Page 19, line 25, leave out ("by or under") insert ("under either or both of the following--
(i)")

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 72.

Moved, That the House do agree with the Commons in their Amendment No. 72--(Lord Whitty.)

MOTION MOVED ON CONSIDERATION OF COMMONS AMENDMENT NO. 72

72ABaroness Hamwee rose 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".

The noble Baroness said: My Lords, I beg to move.

Moved, That Amendment No. 72A, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 72, be agreed to.--(Baroness Hamwee.)

On Question, Motion agreed to, and Commons Amendment No. 72 disagreed to accordingly.

COMMONS AMENDMENT

73Page 19, line 26, leave out ("or") and insert ("and
(ii)")

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 73.

Moved, That the House do agree with the Commons in their Amendment No. 73.--(Lord Whitty.)

MOTION MOVED ON CONSIDERATION OF COMMONS AMENDMENT NO. 73

73ABaroness Hamwee rose 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".

The noble Baroness said: My Lords, I beg to move.

Moved, That Amendment No. 73A, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 73, be agreed to.--(Baroness Hamwee.)

On Question, Motion agreed to, and Commons Amendment No. 73 disagreed to accordingly.

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COMMONS AMENDMENT

74Clause 30, page 20, line 1, at beginning insert--
("( ) A local authority may not operate alternative arrangements unless required to do so by virtue of any provision made by or under this Part.")

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 74.

Moved, That the House do agree with the Commons in their Amendment No. 74.--(Lord Whitty.)

AS AN AMENDMENT TO COMMONS AMENDMENT NO. 74

74AClause 30, line 3, after ("unless") insert ("permitted or")

Baroness Hamwee: My Lords, I beg to move Amendment No. 74A as an amendment to Commons Amendment No. 74.

Moved, That Amendment No. 74A, as an amendment to Commons Amendment No. 74, be agreed to.--(Baroness Hamwee.)

On Question, Motion agreed to, and Commons Amendment No. 74, as amended, agreed to.

COMMONS AMENDMENTS

75Page 20, line 11, leave out ("is") and insert ("are")
76Page 20, line 15, leave out ("is") and insert ("are")
77Page 20, line 20, after ("26,") insert ("(Approval of outline fall-back proposals),")
78Clause 31, page 20, line 25, leave out ("receives") and insert ("receive")
79Page 20, line 37, leave out ("the proper") and insert ("an")
80Page 21, line 15, after ("26,") insert ("(Approval of outline fall-back proposals),")
81Clause 32, page 21, line 26, leave out ("a particular") and insert ("such")
82Page 21, line 26, at end insert ("as may be specified in the direction")
83Page 21, line 40, after ("26,") insert ("(Approval of outline fall-back proposals),")
84Clause 33, page 22, line 16, after ("26,") insert ("(Approval of outline fall-back proposals),")
85Clause 34, page 22, line 20, at end insert ("or alternative arrangements")
86Page 22, line 23, leave out from ("information") to end of line 24
87Page 22, line 32, at end insert--
("( ) A local authority must supply a copy of their constitution to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.")

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 75 to 87.

Moved, That the House do agree with the Commons in their Amendments Nos. 75 to 87.--(Lord Whitty.)

On Question, Motion agreed to.

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COMMONS AMENDMENT

88Clause 36, page 22, line 42, at end insert--
("( ) An elected mayor of a local authority in England is to be entitled to the style of "mayor".
( ) An elected mayor of a local authority in Wales is to be entitled to the style of "mayor" or "maer".")

Baroness Farrington of Ribbleton : My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 88. In speaking to this amendment, I should like to speak to the other amendments grouped with it. These amendments make clear the details of the regime for electing directly elected mayors and for local people to decide in referendums whether they want to have such a mayor for their area.

I should like to draw your Lordships' attention to Amendment No. 107, which responds to points made in Committee by the noble Baronesses, Lady Hanham, Lady Byford, and Lady Hamwee, about how polls are taken. It makes it clear that through regulations we can provide for referendums to be conducted in a number of ways, for example, using all-postal voting.

I commend the amendment to the House, and I hope that noble Lords will also support the other amendments grouped with it.

Moved, That the House do agree with the Commons in their Amendment No. 88.--(Baroness Farrington of Ribbleton.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

89Page 23, line 5, leave out from beginning to ("an") in line 6
90Page 23, line 7, leave out ("for the purposes of the enactments relating to local government")
91Page 23, line 8, leave out ("and") and insert ("or")
92Page 23, line 8, at end insert ("for the purposes of such enactments (whenever passed or made) as may be specified in regulations made by the Secretary of State under this subsection")

Baroness Farrington of Ribbleton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 89 to 92. I spoke to these amendments with Commons Amendment No. 15. I commend the amendments to the House.

Moved, That the House do agree with the Commons in their Amendments Nos. 89 to 92.--(Baroness Farrington of Ribbleton.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

93After Clause 36, insert the following new clause--
ELECTION AS ELECTED MAYOR AND COUNCILLOR

(" .--(1) If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy shall arise in the office of councillor.
(2) If the person who is returned at an election ("the mayoral election") as the elected mayor of a local authority--
(a) is a councillor of the authority, and

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(b) was returned as such a councillor at an election held at an earlier time than the mayoral election,
a vacancy shall arise in the office of councillor.
(3) Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority.
(4) A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if he is a candidate in both such elections and he is returned both as the elected mayor and as a councillor.")
94Clause 37, page 23, line 21, leave out subsection (2)
95Clause 39, page 23, line 37, after ("election") insert ("for the return")
96Clause 40, page 24, line 14, leave out ("the election expenses of candidates") and insert ("election expenses")
97Page 24, line 26, after first ("or") insert ("any provision of")
98Page 24, line 26, after ("enactment") insert ("(whenever passed or made)")
99Page 24, line 33, at end insert ("or under")
100Page 24, line 34, leave out ("Act") and insert ("Part")
101Page 24, line 35, leave out (", or made under,")
102Page 24, line 35, after ("enactment") insert ("(whenever passed or made)")
103Clause 41, page 24, line 43, at end insert--
("( ) If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals in accordance with any provision made by the regulations or order.
( ) If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals but must instead comply with any provision made by the regulations or order.")
104Page 25, line 8, leave out ("made by or under") and insert ("of")
105Page 25, line 9, after ("enactment") insert ("(whenever passed or made)")
106Page 25, line 15, at end insert--
("( ) about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),")
107Page 25, line 18, leave out paragraph (d) and insert--
("( ) as to when, where and how voting in a referendum is to take place,
( ) as to how the votes cast in a referendum are to be counted, and")
108Page 25, line 21, leave out ("this section") and insert ("subsections (1), (2) to (4) and (6)")
109Page 25, line 22, leave out ("or 28")
110Page 25, line 22, leave out ("under section 31 or 32") and insert ("or an order made under any provision of this Part")

Baroness Farrington of Ribbleton: My Lords, I beg to move that the House to agree with the Commons in their Amendments Nos. 93 to 110.

Moved, That the House do agree with the Commons in their Amendments Nos. 93 to 110.--(Baroness Farrington of Ribbleton.)

On Question, Motion agreed to.

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