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COMMONS AMENDMENT

111After Clause 41, insert the following new clause--
AMENDMENTS TO THE 1972 ACT

(" . Schedule (Amendments to the 1972 Act) which contains amendments to the Local Government Act 1972 has effect.")

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 111. I shall speak also to the other amendments grouped with it.

The amendment introduces a new schedule to the Bill which makes a number of amendments to the Local Government Act 1972 consequential upon the establishment of executives and elected mayors under Part II of the Bill. The government amendments to the Commons amendments in this group simply add several modifications to that schedule.

Throughout the passage of the Bill, including in its latter stages in the Commons, we indicated that we should need to make a number of consequential amendments to existing legislation, and particularly to the 1972 Act, to take account of the existence of executives and directly elected mayors. In particular, we need to make sure that the relevant provisions in the 1972 Act which govern elected members are applied to elected mayors. This new schedule, as added to by Amendments Nos. 437A to 437E, helps to achieve that.

I commend the amendment to the House, and I hope that noble Lords will also support the government amendments to some of the Commons amendments later in the group.

Moved, That the House do agree with the Commons in their Amendment No. 111.--(Lord Whitty.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

112Clause 42, page 25, line 27, leave out ("of") and insert ("made by or under")
113Page 25, line 27, at end insert--
("(2) The provision which may be made under subsection (1) includes provision modifying any enactment (whenever passed or made).
(3) The power under subsection (2) to modify an enactment is a power--
(a) to apply that enactment with or without modifications,
(b) to extend, disapply or amend that enactment, or
(c) to repeal or revoke that enactment with or without savings.")
114Leave out Clause 43
115Clause 44, page 25, leave out lines 40 to 43
116Page 25, line 43, at end insert--
(""alternative arrangements" has the meaning given by section 29(1),")

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117Page 26, line 5, at end insert--
(""enactment" includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978),")
118Page 26, line 9, at end insert--
(""fall-back proposals" and "outline fall-back proposals" are to be construed in accordance with section 26(1) and (2),")
119Page 26, leave out lines 18 to 21

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 112 to 119. I spoke to these amendments with Commons Amendment No. 15.

Moved, That the House do agree with the Commons in their Amendments Nos. 112 to 119.--(Lord Whitty.)

On Question, Motion agreed to.

COMMONS AMENDMENT

120Page 26, line 31, leave out paragraph (b) and insert--
("(b) in the case of a London borough, is a reference to the person who (disregarding paragraph 5A of Schedule 2 to the Local Government Act 1972) is referred to in Part I of that Schedule as the mayor of the borough,")
AS AN AMENDMENT TO COMMONS AMENDMENT NO. 120

120AClause 44, line 3, leave out ("paragraph 5A") and insert ("paragraphs 5B to 5I")

Lord Whitty: My Lords, I beg to move Amendment No. 120A to Commons Amendment No. 120, to which I spoke with Amendment No. 111. I ask the House to agree to the Commons amendment, but as amended by Amendment No. 120A.

Moved, That Amendment No. 120A, as an amendment to Commons Amendment No. 120, be agreed to.--(Lord Whitty.)

On Question, Motion agreed to, and Commons Amendment No. 120, as amended, agreed to.

COMMONS AMENDMENT

121Page 26, line 37, leave out paragraph (b) and insert--
("(b) in the case of a London borough, is a reference to the person who (disregarding paragraph 5A of Schedule 2 to the Local Government Act 1972) is referred to in Part I of that Schedule as the deputy mayor of the borough,")

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 121.

Moved, That the House do agree with the Commons in their Amendment No. 121.--(Lord Whitty.)

AS AMENDMENTS TO COMMONS AMENDMENT
NO. 121
121ALine 3, leave out ("paragraph 5A") and insert ("paragraphs 5B to 5I")
121BLine 5, leave out ("of the borough")

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Lord Whitty: My Lords, I beg to move Amendments Nos. 121A and 121B, as amendments to Commons Amendment No. 121, to which I have already spoken.

Moved, That Amendments Nos. 121A and 121B, as amendments to Commons Amendment No. 121, be agreed to.--(Lord Whitty.)

On Question, Motion agreed to, and Commons Amendment No. 121, as amended, agreed to.

COMMONS AMENDMENTS

122Page 26, line 44, leave out third ("of") and insert ("made by or under")
123Page 26, line 44, at end insert--
("( ) Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.
( ) Any directions given by the Secretary of State under any provision of this Part--
(a) may be varied or revoked by subsequent directions given by him under that provision, and
(b) may make different provision for different cases, local authorities or descriptions of local authority.")

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 122 and 123.

Moved, That the House do agree with the Commons in their Amendments Nos. 122 and 123.--(Lord Whitty.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

124Clause 45, page 27, line 8, at end insert ("and police authorities in Wales")
125Page 27, line 11, at end insert ("(other than police authorities)")

Baroness Farrington of Ribbleton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 124 and 125. I shall speak also to the amendments grouped with them.

The effects of the amendments are straightforward. As drafted, the Bill treats Welsh police authorities as relevant authorities in Wales for the purposes of Part III. But policing in Wales is a non-devolved matter and Welsh police authorities are the responsibility of the Secretary of State and not the National Assembly. Part III therefore needs amending to reflect that fact.

Amendment No. 124 and those grouped with it ensure that Welsh police authorities are subject to the principles and codes of conduct drawn up by the Secretary of State for English authorities, not those prepared for other Welsh local authorities by the National Assembly.

In drawing up the principles and codes of conduct, the Secretary of State will be obliged to consult the Assembly as well as the Commission for Local Administration and Welsh police authorities themselves. Any breaches of the code of conduct in these authorities will be investigated by the local commissioner in Wales rather than the standards board. The reason for that is that the local

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commissioner in Wales is already responsible for investigating maladministration in Welsh police authorities. It therefore makes sense that he should also investigate breaches of the code of conduct in those authorities. These arrangements properly reflect the non-devolved status of Welsh police authorities. I commend the amendments to the House. I hope that noble Lord will also support the other amendments grouped with them.

Moved, The House do agree with the Commons in their Amendments Nos. 124 and 125.--(Baroness Farrington of Ribbleton.)

On Question, Motion agreed to.

COMMONS AMENDMENT

126Page 27, line 14, leave out ("local government") and insert ("relevant authorities")

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 126. I shall speak also to a large group of Commons amendments, most of which are minor drafting and technical amendments to tidy up the Bill. They cover a large number of clauses and issues. If the House insists, I am happy to go through each in detail, but I suspect that that is not the wish of the House! If noble Lords want to raise any points on the amendments, I will take them.

Perhaps I may merely draw attention to the more important and substantive amendments. Amendment No. 129 adds both the Metropolitan Police Authority and the London Fire and Emergency Planning Authority to the list of relevant authorities to which Part III should apply.

At present, Commons Amendment No. 332 inserts new subsections to Clause 77. Subsection (6) will ensure that the standards board is able to consider breaches of the mandatory provisions of the model code of conduct by members even where an authority has failed to adopt a code.

I turn to Amendment No. 456A. Commons Amendment No. 456 ought to tidy up the legislation relating to employees of fire authorities. However, in trying to clarify the position, we believe that that amendment went further than we should wish and introduces an inconsistency in the way in which different fire employees are treated. Amendment No. 456A would therefore restore the position prior to the Commons amendment.

Commons Amendment No. 468 clarifies the duty of the monitoring officer. It has been tabled following consultation with existing monitoring officers and local government representatives and is intended to simplify the way in which monitoring officers will work.

The remaining amendments in this group are technical and consequential and in some cases grammatical, and are intended to tidy up the Bill. I commend the amendments to the House and I hope that noble Lords will agree to them.

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Moved, That the House do agree with the Commons in their Amendment No. 126.--(Lord Whitty.)


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