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COMMONS AMENDMENTS

438Schedule 3, page 71, line 17, leave out ("and")
439Page 71, line 18, at end insert ("or
( ) the functions of the president, deputy president or any tribunal of the Adjudication Panel for England.")
440Page 71, line 25, leave from first ("being") to end of line 26 and insert ("or becoming (whether by election or otherwise), a member of a local authority or a member of a relevant authority")
441Page 71, line 28, leave out ("elected, or being, a member of a local authority") and insert ("or becoming (whether by election or otherwise), a member of a local authority or a member of relevant authority")
442Page 71, line 29, leave out ("local") and insert ("relevant")
443Page 71, line 31, leave out ("local") and insert ("relevant")
444Page 71, line 31, at end insert--
("(2A) An ethical standards officer is to be treated as being in breach of the terms of his employment if--
(a) he becomes disqualified for being, or becoming (whether by election or otherwise), a member of a local authority or a member of a relevant authority,
(b) he becomes a member or an officer of a relevant authority, or
(c) he becomes a member of a committee, sub-committee, joint committee or joint sub-committee of a relevant authority.")

24 Jul 2000 : Column 139


445Page 72, line 8, at beginning insert--
("(A1) Subject to sub-paragraph (A2), the Standards Board may appoint a chief executive but any such appointment requires the consent of the Secretary of State.
(A2) The first appointment to the position of chief executive may be made by the Secretary of State after consultation with the chairman (or chairman designate) of the Standards Board.")
446Page 72, line 8, after ("appointing") insert ("a chief executive and")
447Page 72, line 16, leave out paragraph (a) and insert--
("( ) assisting any ethical standards officer in the conduct of an investigation under section 55, and")
448Page 72, line 20, leave out ("it thinks fit") and insert ("the Board, with the approval of the Secretary of State, thinks fit.")
449Page 73, line 22, at end insert--
("Law of defamation

. For the purposes of the law of defamation, any statement (whether written or oral) made by an ethical standards officer in connection with the exercise of his functions shall be absolutely privileged.")
450Page 74, line 16, at end insert--
("Parliamentary Commissioner

15A. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) the following entry is inserted at the appropriate place--
"Standards Board for England."")
451Schedule 4, 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".")
452Page 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.")
453Page 74, line 27, leave out ("the Local Authority Social Services Act 1970") and insert ("that Act")
454Page 74, line 30, leave out from ("subsection") to end of line 31 and insert ("(3), for "2(2)" there is substituted "1A".")
455Page 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 (c. 33)
Sections 1 to 5, 7 and 8 Representation and except in so far as they assessment of disabled assign functions to a persons.".")

24 Jul 2000 : Column 140

local authority in their capacity as a local education authority.

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 438 to 455.

Moved, That the House do agree with the Commons in their Amendments Nos. 438 to 455.--(Lord Whitty.)

On Question, Motion agreed to.

COMMONS AMENDMENT

456Page 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--
1947 C 41
(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."").

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 456.

Moved, That the House do agree with the Commons in their Amendment No. 456.--(Lord Whitty.)

AS AN AMENDMENT TO COMMONS AMENDMENT NO. 456

456ASchedule 4, leave out lines 7 to 14

Lord Whitty: My Lords, I beg to move that the House do agree with Amendment No. 456A, as an amendment to Amendment No. 456.

Moved, That the House do agree with Amendment No. 456A, as an amendment to Commons Amendment No. 456.--(Lord Whitty.)

On Question, Motion agreed to, and Commons Amendment No. 456, as amended, agreed to.

COMMONS AMENDMENTS

457Page 74, line 35, leave out ("the Local Government Act 1972") and insert ("that Act")
458Page 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")
459Page 74, line 39, leave out ("discounted") and insert ("disregarded")
460Page 74, line 43, after ("suspension") insert ("or partial suspension")

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461Page 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.")
462Page 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--
"(bg) a fire authority constituted by a combination scheme under the Fire Services Act 1947;"").
463Page 75, line 2, leave out ("the Local Government Act 1974") and insert ("that Act")
464Page 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".

24 Jul 2000 : Column 142


. 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."").
465Page 75, line 14, leave out ("that authority's head of") and insert ("the head of that authority's")
466Page 75, line 22, at end insert ("and")
467Page 75, line 24, leave out from first ("authority") to end of line 25 and insert ("police authority or port health authority."")
468Page 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--
"(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."").
469Page 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."").
470Page 75, line 27, at end insert--
("6A. Section 19 of that Act (members' interests) ceases to have effect.")
471Page 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".").

24 Jul 2000 : Column 143

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.")
472Schedule 5, page 76, line 4, column 3, at beginning insert--
("Section 2(2).")

473Page 76, line 8, at end insert--
("1972 c. 70.Local Government Act In section 80(1)(e), the 1972. 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".")

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 457 to 473.

Moved, That the House do agree with the Commons in their Amendments Nos. 457 to 473.--(Lord Whitty.)

On Question, Motion agreed to.


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