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Amendments to the Local Government Bill

Local Government Bill


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

After Clause 20

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Insert the following new Clause—
  "Cost to local authorities of compliance with regulations
(1)  In publishing any regulations or directions under this Chapter, the Secretary of State shall publish a statement of his total estimate of the time and the average cost in officer time that it will require for local authorities and functional bodies as a whole to read, implement and comply with each set of regulations and directions that he may issue, and the number of civil servants in his department or other government agencies required to prepare, monitor and apply the said regulations, together with his estimate of the cumulative annual cost to the taxpayer of implementation of the regulations and directions by both central and local government.
(2)  The chief executive of each local authority or functional bodies in receipt of regulations and directions issued by the Secretary of State under this Chapter shall publish an estimate of the total compliance cost to his authority and shall furnish the figure annually to the Audit Commission.
(3)  The Audit Commission shall publish an annual table setting out the figures published by the Secretary of State and the chief executives of local authorities and other functional bodies under subsections (1) and (2) above, and shall lay that table before Parliament."
 

Clause 28

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 28 stand part of the Bill.
 

Clause 31

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 14, line 25, leave out subsection (1)
Page 14, line 25, leave out "A Minister of the Crown" and insert "The Secretary of State"
Page 14, line 26, leave out "incurred or"
Page 14, line 26, at end insert "provided that the grant is available to all other local authorities of the same category on the same terms and those terms have been publicly certified as equitable by the accounting officer of the Department and that all documents and correspondence relating to decisions on such grant are made available annually to the Comptroller and Auditor General"
Page 14, line 27, leave out subsection (2)
Page 14, line 27, leave out "and the manner of its payment are" and insert "is"
Page 14, line 28, leave out from "be" to end of line 28 and insert "made by order made by the Secretary of State.
(2A)  No order may be made under subsection (2) unless a draft of the order has been laid before, and approved by resolution of, both Houses of Parliament."
Page 14, line 28, leave out "Minister of the Crown concerned" and insert "Secretary of State"
Page 14, line 29, leave out "such"
Page 14, line 29, leave out from "conditions" to end of line 30 and insert "set out in accordance with an order made by the Secretary of State.
(3A)  No order may be made under subsection (3) unless a draft of the order has been laid before, and approved by resolution of, both Houses of Parliament."
Page 14, line 32, leave out paragraph (a)
Page 14, line 36, leave out "with the consent of the Treasury" and insert "only in accordance with the terms of an order or orders made by the Secretary of State.
(5A)  No order may be made under subsection (5) unless a draft of the order has been laid before, and approved by resolution of, both Houses of Parliament."
Page 14, line 36, at end insert—
"(   )  For each financial year the Secretary of State shall publish a table setting out—
(a)  the grants made to each local authority under this section;
(b)  the size and purpose of the grant; and
(c)  the political control of the authority at the time the grant was made."
Page 14, line 36, at end insert—
"(   )  It shall be unlawful for the Secretary of State or his officials to take into account the political control of an authority in reaching a decision under this section.
(   )  No power may be exercised under this section unless the Secretary of State and the accounting officer of the Department both certify to Parliament that the political control of a local authority, or local authorities, was not considered by them or the Department or its officials or advisers in reaching the decision to pay a grant under this section, and that notes have been kept of all conversations or meetings involving Ministers or their special advisers relating to the decision."
Page 14, line 36, at end insert—
"(   )  No power may be exercised under this section—
(a)  more than four years into the term of a Parliament;
(b)  less than six months before a local authority, regional or European parliamentary election;
(c)  in relation to local authorities forming part of a parliamentary constituency, between the death or resignation of the member of parliament representing that constituency and the date of a by-election to fill the vacancy;
(d)  while there is a vacancy among the members of the local authority concerned which is due to be filled by an election or by-election."
 The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill.
 

Clause 40

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 18, line 15, after "appropriate," insert "by order"
 

Clause 41

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 18, line 40, after "appropriate," insert "by order"
 

Clause 49

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 21, line 21, leave out subsection (5)
 

Clause 63

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 27, line 13, leave out subsection (5)
 

Clause 64

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 64 stand part of the Bill.
 

Clause 66

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 33, line 1, leave out "for a particular financial year" and insert "over the revaluation cycle"
 

Clause 71

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 34, line 30, after "fit" insert "after consultation with all interested parties"
 

Clause 73

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 37, line 24, leave out "21" and insert "28"
 

THE EARL OF CAITHNESS
THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 37, line 40, at end insert—
"(6)  For the purposes of paragraph 5A(2) above—
(a)  where a valuation officer serves a notice under this section, this will comply with guidance to be published by the Secretary of State for the purposes of this section; and
(b)  before publishing any such guidance, the Secretary of State shall consult with such persons or organisations as appear to him to be relevant."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 38, line 6, leave out "may" and insert "shall"
Page 38, line 14, at end insert—
  "Where an appeal made under this paragraph is withdrawn, a valuation officer may mitigate or repeal any penalty made under paragraph 5A above if satisfied on either or both of the grounds specified in paragraph 5C(6) above."
 

Clause 76

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 40, line 9, at end insert—
    "(   )  If a billing authority makes a determination under this section, it shall be disregarded for the purposes of distributing revenue support grant to receiving authorities under section 78 of the Local Government Finance Act 1988 (c. 41) (revenue support grant)."
 

Clause 77

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 40, line 20, leave out "in relation to particular cases or"
 

Clause 78

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 40, line 32, leave out "2005" and insert "2007"
 

Clause 79

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 41, line 32, at end insert—
    "(4B)  Any order made under this section may apply to a billing authority or any number of billing authorities."
 The above-named Lords give notice of their intention to oppose the Question that Clause 79 stand part of the Bill.
 

Clause 94

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 50, line 28, leave out subsection (3)
Page 50, line 31, leave out subsection (4)
Page 50, line 33, leave out from beginning to "a"
 

Clause 95

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 51, line 20, at end insert—
"(   )  The power under subsection (1) does not apply to best value authorities that have been placed in the top tier of classification in accordance with the provisions set out in section 100."
Page 51, line 20, at end insert—
"(   )  The power under subsection (1) does not apply to existing arrangements."
Page 51, line 20, at end insert—
"(   )  In exercising the power under subsection (1), the Secretary of State must have regard to the financial impact on the affected best value authority or authorities."
 The above-named Lords give notice of their intention to oppose the Question that Clause 95 stand part of the Bill.
 

Clause 98

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 53, line 41, leave out "authorised, but" and insert "not prohibited from and"
 

Clause 100

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 55, line 12, at end insert—
"(   )  The Secretary of State may, following an application from an authority subject to this section, extend the period specified in an order made under subsection (4)."
 

Clause 101

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 55, line 37, at end insert—
"(   )  The Secretary of State shall, in accordance with the classifications provided for in section 100, ensure that the following reductions in inspection activity for all inspectorates are made so that—
(a)  for authorities in the top tier of classification there shall be no external inspections during the period of the order made in section 100(4), and
(b)  for authorities in the next two tiers of classification there shall be a reduction in inspections of at least 50% during the period of the order made in section 100(4)."
 

Clause 104

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 59, line 17, leave out paragraph (a)

 
 
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©Parliamentary copyright 2003
15 May 2003