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Amendments to the Local Government Bill

Local Government Bill


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

Clause 13

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Page 6, line 8, leave out subsections (1) and (2)
Page 6, line 14, at end insert "and may be charged on any other assets of the authority"
 

Clause 16

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Page 7, line 11, after "proper" insert "relevant"
Page 7, line 12, leave out subsection (2)
 

Clause 18

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Page 8, line 11, leave out from "control" to "of" in line 12
 

Clause 19

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Page 8, line 35, after "may" insert ", following consultation with representatives of parish and community councils and charter trustees,"
Page 8, line 35, after "may" insert ", after consultation with appropriate representative bodies,"
 

Schedule 1

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Page 78, line 12, leave out paragraph "(b)" and insert—
"(   )  subject to the provisions of this Act"
Page 79, line 3, leave out "due rate" and insert "rate from time to time specified by the appropriate person"
 

Clause 35

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Page 16, line 2, at end insert—
"(   )  a town and parish council"
 

Clause 40

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Page 18, line 17, leave out "a" and insert "each"
Page 18, line 21, leave out "a" and insert "each"
Page 18, line 38, at end insert—
"(   )  Where the Secretary of State or the National Assembly for Wales makes a payment specified in subsection (1) or (2), the Secretary of State or the National Assembly for Wales shall not reduce or extinguish such debt disproportionately between authorities."
 

Clause 41

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Page 18, line 40, leave out "a" and insert "each"
Page 19, line 2, leave out "a" and insert "each"
Page 19, line 26, at end insert—
"(   )  Where the Secretary of State or the National Assembly for Wales makes a payment specified in subsection (1) or (2), the Secretary of State or the National Assembly for Wales shall not reduce or extinguish such debt disproportionately between authorities."
 

Clause 49

 

THE LORD ROOKER

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

Clause 56

 

THE LORD ROOKER

Page 24, line 6, at end insert—
"(   )  No regulations under subsection (4) shall be made by the Secretary of State unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament."
 

Clause 57

 

THE LORD ROOKER

Page 24, line 23, at end insert—
"(   )  No regulations under subsection (1) which include provision of the kind mentioned in subsection (2)(b) shall be made by the Secretary of State unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament."
 

Clause 58

 

THE LORD ROOKER

Page 24, line 32, at end insert—
"(   )  No regulations under subsection (1) which include provision amending an Act shall be made by the Secretary of State unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament."
 

Clause 79

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 41, line 32, at end insert "provided that such change does not alter the ratio between the top and bottom band.
(4B)  The power under subsection (4A) shall not be used to alter the ratio between the top and bottom bands set out in subsection (1)."
 

Clause 91

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Page 48, line 35, at end insert—
"(6)  The Secretary of State or the National Assembly for Wales shall keep for each financial year an account (to be called a "negative housing subsidy account") and—
(a)  the Secretary of State or the National Assembly for Wales shall keep each account in such form as the Treasury may direct, and
(b)  the Secretary of State or the National Assembly for Wales shall at such time as the Treasury may direct send copies of each account to the Comptroller and Auditor General.
(7)  The Comptroller and Auditor General shall examine, certify and report on any account sent to him under subsection (2) above and shall lay copies of the account and his report before each House of Parliament or in the case of Wales before the National Assembly for Wales.
(8)  For each financial year, sums received by the appropriate person in the year under subsection (1)(b) above shall be credited to the account kept for the year.
(9)  For each financial year, payments made by the Secretary of State, or in the case of Wales the National Assembly for Wales, in the year under subsection (11) below shall be debited to the account kept for the year.
(10)  Before a financial year begins the Secretary of State, or in the case of Wales the National Assembly for Wales, shall estimate—
(a)  the aggregate of the items of account that will be credited to the account kept for the year, and
(b)  the aggregate of the items of account that will be debited to the account kept for the year under paragraph (9) above.
(11)  The Secretary of State or the National Assembly for Wales shall make payments to the housing revenue accounts of local authorities.
(12)  The aggregate of the payments made under subsection (11) above shall not be less than the estimate made by the Secretary of State or the National Assembly for Wales under subsection (10)(a) above.
(13)  The Secretary of State or the National Assembly for Wales shall determine a scheme for the payments to local authorities, and the scheme shall take account of the need for investment in the housing owned by that authority.
(14)  In this section "local authority" means—
(a)  in relation to England—
(i)  a district council,
(ii)  a county council that is the council for a county in which there are no district councils,
(iii)  a London borough council,
(iv)  the Common Council of the City of London, or
(v)  the Council of the Isles of Scilly;
(b)  in relation to Wales, a county council or a county borough council."
 

Clause 92

 

THE LORD ROOKER

Page 49, line 20, leave out from first "of" to end of line 21 and insert "sections 74 to 76 and 78 of, and Schedule 4 to, this Act;"
 

Clause 98

 

THE LORD ROOKER

Page 52, line 40, after "made)" insert ", other than section 94(2) or 96(2),"
Page 53, line 2, after "enactment" insert "(whenever passed or made)"
Page 53, line 28, after "the" insert "statutory instrument containing the"
Page 53, line 32, leave out paragraph (a)
 

Clause 99

 

THE LORD ROOKER

Page 54, line 33, leave out "mentioned in section 98(10)" and insert "of amending an earlier order under that section—
(a)  so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
(b)  so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description"
 

Schedule 3

 

THE LORD ROOKER

Page 89, line 4, leave out from beginning to end of line 6
Page 89, line 15, leave out "mentioned in section 16(4A)" and insert "of amending an earlier order under that section—
(a)  so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
(b)  so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description"
Page 90, line 31, leave out "subsection (6A)" and insert "subsections (6A) and (6B)"
Page 90, line 34, leave out ", 5 or 6"
Page 90, line 41, at end insert—
    "(6B)  Subsection (6) does not apply to a statutory instrument which contains an order under section 5 or 6 if the order is made only for the purpose of amending an earlier order under that section so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.""
 

Clause 122

 

THE LORD ROOKER

Page 74, line 18, at end insert—
"(   )  No—
(a)  order under this Act which, in exercise of the power under subsection (1)(b) to make incidental or supplementary provision, amends or repeals any enactment contained in an Act, or
(b)  regulations under this Act which, in exercise of that power to make incidental or supplementary provision, amend or repeal any such enactment,
  shall be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations (whether containing the order, or regulations, alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament."
Page 74, line 21, leave out from "instrument" to "shall" in line 22 and insert "that—
(a)  contains an order or regulations under this Act, and
(b)  is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,"
 

Schedule 6

 

THE LORD ROOKER

Page 103, line 24, at end insert—
"(1A)  In subsection (3), for "(9A)" there is substituted "(9AA)"."
Page 103, line 30, at end insert—
"(4)  After subsection (9A) there is inserted—
    "(9AA)  The power of the Secretary of State to make an order under paragraph 5G of Schedule 9 shall be exercisable by statutory instrument, and no such order shall be made by him unless a draft of it has been laid before and approved by resolution of each House of Parliament.""
Page 109, line 22, at end insert—
    "53A   In Schedule 13 (minor and consequential amendments), in paragraph 80 (amendments of section 143 of the Local Government Finance Act 1988)—
(a)  sub-paragraph (1) is omitted, and
(b)  in sub-paragraph (2), for "that section" there is substituted "section 143 of that Act (orders and regulations)"."
 

Schedule 7

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Page 113, line 27, column 2 insert—
  "Schedule 13."
 

THE LORD ROOKER

Page 114, line 39, column 2, after "paragraphs" insert "80(1),"
 

Clause 127

 

THE LORD ROOKER

Page 75, line 26, after "9(1)," insert "24(1), (1A) and (4),"
Page 75, line 26, after "50(1)" insert ", 53A"
Page 75, line 30, at end insert—
"(   )  Schedule 9 to the Local Government Finance Act 1988 (c. 41), and
(   )  paragraph 80(1) of Schedule 13 to the Local Government Finance Act 1992 (c. 14),"

 
 
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©Parliamentary copyright 2003
29 May 2003