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COMMONS AMENDMENTS

275Clause 69, page 46, line 10, leave out from ("the") to end of line 11 and insert ("Lord Chancellor.
(3A) The Lord Chancellor--
(a) must appoint one of the members of the Adjudication Panel for England as president of the Panel, and
(b) may appoint one of those members as deputy president of the Panel.")
276Page 46, line 19, at beginning insert ("Such members of")
277Page 46, line 19, leave out ("must include persons possessing") and insert ("as the Lord Chancellor thinks fit must possess")
278Page 46, line 20, leave out ("Secretary of State") and insert ("Lord Chancellor")
279Page 46, line 21, at beginning insert ("Such members of")
280Page 46, line 21, leave out ("must include persons possessing") and insert ("as the National Assembly for Wales thinks fit must possess")
281Page 46, line 24, after second ("president") insert ("(if any)")
282Page 46, line 33, at end insert--
("( ) The Lord Chancellor must obtain the consent of the Secretary of State before making any appointment under subsection (3) or (3A) or any determination under subsection (6).")
283Clause 70, page 47, line 1, leave out subsection (4)

Baroness Farrington of Ribbleton: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 275 to 283.

The quality of objectivity and independence of the decisions made by the adjudication panel will be crucial to the success of the new ethical framework. With that in mind and following the discussions with the council on tribunals we have decided that the appointments to the panel should be made by the Lord Chancellor. Amendments Nos. 275 to 282, 286 and 287 make the necessary provisions in this respect. Amendment No. 285 makes provision for declarations of interest by members of the adjudication panel and prevents a member sitting on a case tribunal that conducts an adjudication into a hearing where he or she has an interest.

The Government are concerned that as the Bill left this House it does not treat councillors who may be disqualified under its provisions fairly. Ordinarily a vacancy would result in a by-election being held usually a month or so after the vacancy occurred. In a case where the by-election had been triggered by the

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member's disqualification there would be insufficient time for the courts to hear any appeal before the councillor had lost his seat. We therefore believe that the provisions in the Bill should be brought into line with the provisions of the Local Government Act 1972 relating to the disqualification of councillors who have been convicted of a criminal offence.

We believe that this strikes a reasonable balance. A councillor should not carry on with his duties but nor would he lose his seat through a by-election until his appeal had been heard. Amendment No. 461 achieves that.

Amendments Nos. 283, 288, 289, 290 and 291 are technical and drafting amendments. In moving these amendments, I support the other amendments in this group.

Moved, That the House do agree with the Commons in their Amendments Nos. 275 to 283.--(Baroness Farrington of Ribbleton.)

On Question, Motion agreed to.

6.15 p.m.

COMMONS AMENDMENTS

284Clause 70, page 47, line 16, after second ("member") insert ("(or former member or co-opted member)")
285Page 47, line 20, at end insert--
("(8A) A member of the relevant Adjudication Panel who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an adjudication conducted by a case tribunal or interim case tribunal--
(a) must disclose the nature of his interest to the president or deputy president of that Panel, and
(b) may not be a member of a case tribunal or interim case tribunal which conducts an adjudication in relation to that matter.
(8B) Where there is no deputy president of the relevant Adjudication Panel, the reference in subsections (3) and (8A) to the deputy president is to be treated as a reference to such member of the Panel as the Lord Chancellor or (as the case may require) the National Assembly for Wales may specify.")
286Page 47, line 26, leave out ("Secretary of State") and insert ("Lord Chancellor")
287Page 47, line 28, at end insert--
("( ) The Lord Chancellor must obtain the consent of the Secretary of State before issuing any guidance under subsection (10).")
288Clause 71, page 47, line 44, at end insert--
("( ) The president of the Adjudication Panel for England may, after consultation with the Secretary of State, give directions as to the practice and procedure to be followed by tribunals drawn from the Panel.
289Clause 71, page 48, line 2, at end insert--
("( ) The president of the Adjudication Panel for Wales may, after consultation with the National Assembly for Wales, give directions as to the practice and procedure to be followed by tribunals drawn from the Panel.")
290Page 48, line 12, leave out sub-paragraph (ii)
291Page 48, line 15, at end insert ("(including provision with respect to interest and provision with respect to the enforcement of any such award)")
292Clause 72, page 48, line 29, leave out (" 67") and insert (" 67(3)")
293Page 48, line 33, leave out from ("concerned") to ("not") in line 39 and insert ("for a period which does")

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294Page 48, line 46, after ("must") insert ("give details of the suspension or partial suspension and")
295Page 49, line 15, leave out ("cease to have effect on the day that") and insert ("not extend beyond the day on which")
296Page 49, line 19, leave out ("member or co-opted member of the relevant authority concerned") and insert ("person")
297Page 49, line 21, at end insert--
("( ) In a case where section 61(7) or 67(7) applies, the references in subsection (3) and (8)(b) to the relevant authority concerned are to be treated as including a reference to the relevant authority of which the person concerned was formerly a member or co-opted member.")
298Page 49, line 28, at end insert ("or partial suspension")
299Clause 73, page 49, line 39, leave out from ("(4)") to end of line 6 on page 50 and insert--
("(4) A person may be--
(a) suspended or partially suspended from being a member or co-opted member of the relevant authority concerned, or
(b) disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority.
300Page 50, line 8, leave out ("or (5)(a)")
301Page 50, line 9, after ("suspended") insert ("or partially suspended")
302Page 50, line 12, leave out ("or (5)(b)")
303Page 50, line 16, leave out ("or (5)")
304Page 50, line 23, after ("suspended") insert ("or partially suspended")
305Page 50, line 23, leave out ("or (5)(a)")
306Page 50, line 28, after ("suspended") insert ("or partially suspended")
307Page 50, line 28, leave out ("authority") and insert ("relevant authority concerned")
308Page 50, line 29, leave out ("to the extent") and insert ("in the way")
309Page 50, line 34, leave out ("or (5)(b)")
310Page 50, line 39, leave out ("being elected or appointed, a member or co-opted") and insert ("becoming (whether by election or otherwise), a")
311Page 51, line 6, at end insert--
("( ) Where the person concerned is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in the same country (that is to say, England or Wales)--
(a) a copy of any notice under subsection (2), (8), or (11) must also be given to the standards committee of that other relevant authority,
(b) the references in subsections (4)(a) and (9)(c) to the relevant authority concerned are to be treated as references to that other relevant authority,
(c) the duty to give notice to the standards committee of the relevant authority concerned under subsection (9) is to be treated as a duty--
(i) to give that notice to the standards committee of that other relevant authority, and
(ii) to give a copy of that notice to the standards committee of the relevant authority concerned,
(d) the reference in subsection (13)(c) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.")
312Clause 74, page 51, line 14, leave out from beginning to ("about") in line 16 and insert ("A case tribunal which has adjudicated on any matter may make recommendations to a relevant authority")
313Page 51, line 29, leave out ("must") and insert ("may")

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314Page 51, line 30, at end insert ("(and accordingly, in the case of a relevant authority to which section 101 of the Local Government Act 1972 applies, is not to be a function to which that section applies)")
315Clause 75, page 52, line 4, leave out ("Every") and insert ("The monitoring officer of each")
316Page 52, line 28, leave out subsections (6) to (9) and insert--
("(6) A relevant authority must ensure that copies of the register for the time being maintained by their monitoring officer under this section are available at an office of the authority for inspection by members of the public at all reasonable hours.
(7) As soon as practicable after the establishment by their monitoring officer of a register under this section, a relevant authority must--
(a) publish in one or more newspapers circulating in their area a notice which--
(i) states that copies of the register are available at an office of the authority for inspection by members of the public at all reasonable hours, and
(ii) specifies the address of that office, and
(b) inform the Standards Board for England that copies of the register are so available.")
317Clause 75, page 52, line 39, leave out ("Wales") and insert ("standards committees of relevant authorities in Wales (other than police authorities)")
318Page 52, line 39, leave out ("(4)") and insert ("(5)")
319Clause 76, page 52, line 45, at end insert ("and police authorities in Wales")
320Page 53, line 3, at end insert ("(other than police authorities)")

321Page 53, line 3, at end insert--
("( ) The power under subsection (1) or (2) to issue a code includes power--
(a) to issue a separate code for council managers (within the meaning of Part II of this Act), and
(b) to revise any code which has been issued.")
322Page 53, line 6, leave out ("local government, and of local government employees, in England") and insert ("relevant authorities in England, and of employees of such authorities")
323Page 53, line 9, at end insert--
("( ) Before making an order under this section so far as it relates to police authorities in Wales, the Secretary of State must consult--
(a) such representatives of police authorities in Wales, and of employees of such authorities, as he considers appropriate,
(b) the Commission for Local Administration in Wales, and
(c) the National Assembly for Wales.")
324Page 53, line 12, leave out ("local government, and of local government employees, in Wales") and insert ("relevant authorities in Wales, and of employees of such authorities,")
325Page 53, line 19, leave out from ("code") to end of line 20 and insert ("for the time being under this section which is applicable")
326Page 53, line 22, leave out from ("means") to end of line 27 and insert ("an employee of the authority other than an employee falling with any description of employee specified in regulations under this subsection.
( ) The power to make regulations under subsection (7) is to be exercised--
(a) in relation to England, by the Secretary of State, and
(b) in relation to Wales, by the National Assembly for Wales.")
327Clause 77, page 53, line 35, leave out ("has") and insert ("and "elected executive member" have")

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328Page 53, line 35, at end insert ("and (2)")
329Page 53, line 38, leave out (", in relation to a local authority,")
330Page 54, line 1, after ("code"") insert ("of conduct"")
331Page 54, line 2, at end insert--
(""police authority" means a police authority established under section 3 of the Police Act 1996,")
332Page 54, line 9, leave out subsections (2) to (4) and insert--
("(2) Any reference in this Part to a committee of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to a committee of an executive of the authority.
(3) Any reference in this Part to a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to an elected mayor or elected executive member of the authority.
(4) Any reference in this Part to a member of a relevant authority, in the case of the Greater London Authority, is a reference to the Mayor of London or a London Assembly member.
(5) Any reference in this Part to a joint committee or joint sub-committee of a relevant authority is a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.
(6) Any reference in this Part to a failure to comply with a relevant authority's code of conduct includes a reference to a failure to comply with the mandatory provisions which apply to the members or co-opted members of the authority by virtue of section 47(4)(b).
(7) Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.
(8) The reference in subsection (6) to particular functions or particular responsibilities as a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to particular functions or particular responsibilities as a member of an executive of the authority.
(9) A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, but this subsection does not apply to a person who is partially suspended under this Part.
(10) A person who is suspended under this Part from being a member of a relevant authority to which Part II of this Act applies shall also be suspended, if he is a member of an executive of the authority, from being such a member, but this subsection does not apply to a person who is partially suspended under this Part.
(11) A person who is disqualified under this Part for being or becoming a member of a relevant authority shall also be disqualified--
(a) for being or becoming a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, and
(b) if the authority is one to which Part II of this Act applies, for being or becoming a member of an executive of the authority.
(12) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a parish council is to be exercisable by or in relation to the monitoring officer of the district council or unitary county council which is the responsible authority in relation to the parish council; and any reference in this Part to the monitoring officer of a relevant authority which is a parish council is to be construed accordingly.
(13) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a community council is to be exercisable by or in relation to the monitoring officer of the county council or county borough

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council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly.
(14) Any functions which are conferred by virtue of this Part on a relevant authority to which Part II of this Act applies are not to be the responsibility of an executive of the authority under executive arrangements.
(15) Any functions which are conferred on the Greater London Authority by virtue of this Part are to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.
(16) Subsections (12) and (13) of section 51 are to apply for the purposes of subsection (12) as they apply for the purposes of that section.")
333Clause 84, page 57, line 9, leave out ("and (5)(b)") and insert ("(5)(b), (7) and (8)")
334Clause 85, page 57, line 22, after ("take") insert ("or has begun to take")
335Page 57, line 27, after ("section") insert ("and section 19B")
336Page 57, line 42, after ("taking") insert ("or continuing to take")
337Page 57, line 44, leave out ("specified in the notice under paragraph (b)") and insert ("(as the case may be)")
338Page 58, line 29, leave out ("a copy of a notice or statement") and insert ("any document")
339Page 58, line 32, after first ("at") insert ("or sending it by post to")
340Page 58, line 33, leave out ("revoked") and insert ("withdrawn")
341Page 58, line 36, leave out ("order") and insert ("notice")
342Page 58, line 37, leave out ("revocation") and insert ("withdrawal")
343Page 58, line 41, leave out from beginning to second ("the") in line 45 and insert--
("( ) where the notice relates to a decision, to make or implement the decision,
( ) where the notice relates to a course of action, to take or continue to take the course of action, or
( ) where the notice relates to an item of account, to enter the item of account,
unless and until")
344Page 59, line 3, leave out ("reasons") and insert ("statement")
345Page 59, line 4, leave out from ("19A(6)") to end of line 6 and insert ("the consequences of doing the thing mentioned in the paragraph of subsection (1) which is relevant,")
346Page 59, line 7, after ("body") insert ("or officer")
347Page 59, line 8, after ("auditor") insert ("of the accounts of the body")
348Page 59, line 19, leave out ("revoked") and insert ("withdrawn")
349After Clause 85, insert the following new clause--
("Maladministration etc.
PAYMENTS IN CASES OF MALADMINISTRATION ETC

.--(1) Where a relevant authority consider--
(a) that action taken by or on behalf of the authority in the exercise of their functions amounts to, or may amount to, maladministration, and
(b) that a person has been, or may have been, adversely affected by that action,
the authority may, if they think appropriate, make a payment to, or provide some other benefit for, that person.

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(2) Any function which is conferred on the Greater London Authority under this section is to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.
(3) In this section--
"action" includes failure to act,
"relevant authority" has the same meaning as in Part III of this Act.")

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 284 to 349.

Moved, That the House do agree with the Commons in their Amendments Nos. 284 to 349.--(Lord Whitty.)

On Question, Motion agreed to.


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