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Amendments to the Regional Assemblies (Preparations) Bill

Regional Assemblies (Preparations) Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 1

 

THE BARONESS HANHAM
THE BARONESS BLATCH

1Insert the following new Clause—
  "Regional boundaries
(1)  Before making any order under this Act the Secretary of State shall—
(a)  invite all local authorities in England to submit to him proposals for the creation of regions for the purposes of this Act;
(b)  invite such other persons and bodies as appear to him to represent relevant interests throughout England to submit to him proposals for the creation of regions for the purposes of this Act;
(c)  upon receipt of submissions in response to paragraphs (a) and (b) invite the Electoral Commission to comment on the submissions and to make proposals to the Secretary of State for the creation of regions for the purposes of this Act having regard to—
(i)  the desirability of all regions being, in so far as is compatible with sub-paragraph (ii), of approximately equal population size; and
(ii)  the need to reflect the identities and interests of local communities;
(d)  publish the proposals made to him by the Electoral Commission under paragraph (c); and
(e)  make an order creating regions for the purposes of this Act, having regard to the proposals published under paragraph (d).
(2)  For the purposes of this section "relevant interests" means professional bodies, trades unions, voluntary organisations, faith groups, political parties, business organisations and community organisations.
(3)  For the purposes of subsection (1)(a) and (b), the Secretary of State shall set out a timetable for the giving of responses to him."
 

Clause 1

 

THE BARONESS HANHAM
THE BARONESS BLATCH

2Page 1, line 5, at beginning insert "Subject to subsection (1A),"
 

THE BARONESS HAMWEE
THE LORD GREAVES

3Page 1, line 6, leave out "an" and insert "a directly"
4Page 1, line 7, at end insert "after the Boundary Committee for England have reviewed the numbers and boundaries of the regions specified in Schedule 1 to the Regional Development Agencies Act 1998 (c. 45) and reported their recommendations to the Secretary of State"
5Page 1, line 7, at end insert—
"(   )  No order under subsection (1) shall be made until the Secretary of State has published a draft Bill setting out the powers, functions and structure of elected assemblies for the regions and the Bill has been laid before both Houses of Parliament for scrutiny."
 

THE BARONESS HANHAM
THE BARONESS BLATCH

6Page 1, line 7, at end insert—
"(1A)  No order under subsection (1) shall be made until an Act setting out the powers, responsibilities and constitutional arrangements of elected regional assemblies has received Royal Assent."
7Page 1, line 8, at end insert—
"(   )  The boundaries of a region subject to a referendum order under subsection (1) will be specified by the Secretary of State."
 

THE BARONESS HAMWEE
THE LORD GREAVES

8Page 1, line 10, leave out "each of the following two conditions" and insert "the condition"
 

THE BARONESS HANHAM
THE BARONESS BLATCH

9Page 1, line 10, leave out "two" and insert "five"
10Page 1, line 10, at end insert—
"(   )  A review of the boundaries of the regions in England has been conducted in accordance with section (Regional boundaries)."
 

THE BARONESS HAMWEE
THE LORD GREAVES

11Page 1, line 11, leave out "first"
 

THE BARONESS HANHAM
THE BARONESS BLATCH

12Page 1, line 11, leave out "first" and insert "second"
13Page 1, line 12, at end insert "by consulting the electorate, the regional chamber, local authorities, the business community, cultural and voluntary sectors and other interested parties about the regional boundaries"
14Page 1, line 12, at end insert—
"(   )  The third condition is that the Secretary of State has commissioned and published a report by an independent auditor expressing his opinion that on the basis of the information available to him at the time of his report, no additional public expenditure overall would be incurred as a result of the proposed implementation of an elected regional assembly and the associated reorganisation of local government in the region."
15Page 1, line 12, at end insert—
"(4A)  The fourth condition is that the Secretary of State has concluded on the basis of evidence available to him that there is substantial support from the business community, regional chambers, local authorities, cultural and voluntary sector and local electors within the region for the holding of such a referendum and such evidence has been laid before both Houses of Parliament."
 

THE BARONESS HAMWEE
THE LORD GREAVES

16Page 1, line 13, leave out subsection (5)
 

THE BARONESS HANHAM
THE BARONESS BLATCH

17Page 1, line 13, leave out "second" and insert "fifth"
18Page 2, line 1, leave out subsection (6) and insert—
"(   )  The Secretary of State may make the order at any time during the period of two years starting with the date on which he gives a direction under section 12 in relation to the region so long as before he makes the order he has no cause to think that that level of interest has changed materially."
 

THE BARONESS HAMWEE
THE LORD GREAVES

19Page 2, line 1, leave out "first"
20Page 2, line 5, leave out "for the purpose of giving the direction"
21Page 2, line 6, leave out "holding of such a referendum" and insert "establishment of an elected assembly"
 

THE BARONESS HANHAM
THE BARONESS BLATCH

22Page 2, line 11, after "have" insert "received parliamentary approval for him to have"
23Page 2, line 12, leave out subsection (8) and insert—
"(   )  In coming to the conclusion under subsection (1), the Secretary of State must consider—
(a)  views expressed to him by the original consultees (as in subsection (4A)), and
(b)  such published material as he thinks appropriate."
24Page 2, line 15, at end insert—
"(   )  Before making an order under subsection (1), the Secretary of State shall satisfy himself that, during the period of twelve months prior to the laying of the order, neither the Regional Chamber nor the Regional Development Agency within the region to be specified in the order have carried out any activities which they do not have power to carry out and which are intended to influence the outcome of such a referendum, and issue a certificate that he is so satisfied."
 

THE BARONESS HAMWEE
THE LORD GREAVES

25Page 2, line 15, at end insert—
"(   )  If the Secretary of State does not make an order pursuant to subsection (1), he shall nevertheless consider the matters referred to in subsection (8) with a view to requesting the Boundary Committee for England to consider the division of any region into two or more areas to be treated as regions for the purposes of this Act."
 

Clause 2

 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

26Page 2, line 20, leave out subsection (1) and insert—
"(   )  The questions to be asked in a referendum held in pursuance of an order under section 1 are:
1.  "Should there be an elected assembly for the (insert name of region) region?"
2.  "Should county and district councils in your region be reorganised and replaced with unitary authorities responsible for delivering all local government services?""
 

THE BARONESS HAMWEE
THE LORD GREAVES

27Page 2, line 20, leave out "question" and insert "questions"
28Page 2, line 20, leave out from "order" to end of line 36 and insert "shall be determined by the Electoral Commission"
29Page 2, line 21, leave out "is" and insert "are"
30Page 2, line 23, leave out "an" and insert "a directly"
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

31Page 2, line 23, at end insert "(The ((insert name of region) region comprises (insert names of all counties, metropolitan boroughs and unitary authority districts within the region))"
 

THE BARONESS HAMWEE
THE LORD GREAVES

32Page 2, line 24, leave out subsection (2)
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

33Page 2, line 24, leave out subsection (2) and insert—
"(2)  The question on the ballot paper shall be preceded by a statement, in a form to be prescribed by the Electoral Commission, conveying such information as the Electoral Commission believe is requisite to enable electors to understand the question and to ensure that electors understand the conclusions of the Boundary Committee review of the region.
(3)  The statement to be prescribed under subsection (2) may not include any statement about the intended functions or powers of the proposed elected assembly unless such functions and powers are defined in an Act of Parliament."
 

THE BARONESS HAMWEE
THE LORD GREAVES

34Page 2, line 24, leave out from "statement" to "must"
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

35Page 2, leave out line 27 and insert ""This referendum is advisory only. The Secretary of State will decide, after considering the referendum result, whether to establish an elected assembly for the"
 

THE BARONESS HAMWEE
THE LORD GREAVES

36Page 2, line 27, leave out "an" and insert "a directly"
37Page 2, line 32, after "development;" insert—
"  the functions of the organisations listed in the schedule below which are exercised in the region shall be transferred to the elected assembly and the powers of such organisations for the region shall be abolished;"
38Page 2, leave out lines 33 to 36
39Page 2, line 36, at end insert—
  "Schedule: Organisations to be abolished in the region
  Arts Council of England
  Community Fund
  Countryside Agency
  Drug Prevention and Advisory Service
  English Nature
  Forestry Commission
  Government Office of the Region
  Highways Agency
  Housing Corporation
  New Opportunities Fund
  Learning and Skills Council
  Regional Development Agency
  Regional Cultural Consortium
  Rural Development Agency
  Small Business Service
  Sport England
  Strategic Rail Authority""
40Page 2, line 36, at end insert—
"(   )  In those parts of the region that currently have both county and district councils the following additional question shall be asked—
      "Do you agree with the proposal to reorganise the county and district councils in your area into a single unitary tier of local government?"."
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

41Page 2, line 36, at end insert—
"(   )  It is not proposed to establish an elected regional assembly in any region until at least three regions have voted in favour of the establishment of such assemblies in referenda conducted pursuant to section 1 of the Regional Assemblies (Preparations) Act 2003."
 

THE BARONESS HAMWEE
THE LORD GREAVES

42Page 2, line 36, at end insert—
"(   )  The question set out in subsection (1) and the statement set out in subsection (2) may be amended by regulation at any time after the Electoral Commission has made a report to the Secretary of State regarding the question and the statement."
 

THE BARONESS HANHAM
THE BARONESS BLATCH
THE LORD HANNINGFIELD

43*Page 2, line 36, at end insert—
"(   )  Any statement under subsection (2) shall be accompanied by an estimate by the Electoral Commission of their best estimate of the total annual cost of paying for the proposed regional assembly and the regional administration in the referendum area."

 
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©Parliamentary copyright 2003
12 March 2003