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Amendments to the Local Government Bill

Local Government Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 19th May 2003, as follows—

Clauses 1 to 19
Schedule 1
Clauses 20 to 42
Schedule 2
Clauses 43 to 101
Schedule 3
Clauses 102 to 106
Schedule 4
Clause 107
Schedule 5
Clauses 108 to 126
Schedules 6 and 7
Clauses 127 and 128

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

1Page 1, line 9, leave out paragraph (b) and insert—
"(   )  subject to the provisions of this Act."
 

Clause 2

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

2Page 1, line 16, leave out "direction" and insert "order"
3*Page 2, line 1, leave out ", without the consent of the Treasury,"
 

Clause 3

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

4Page 2, line 6, leave out "keep under"
5Page 2, line 6, after "review" insert "at least annually"
6Page 2, line 11, leave out "keep under"
7Page 2, line 11, after "review" insert "at least annually"
8Page 2, line 14, at end insert "of which at least two-thirds of the members must approve his determination as to the maximum borrowing level affordable in each financial year"
9Page 2, line 14, at end insert—
"(   )  In deciding under subsection (3) whether a determination by the Mayor represents an affordable level of borrowing, the London Assembly must have regard to the likely effect of borrowing to that level on the precept levied by the Greater London Authority on each of the London Boroughs."
10Page 2, line 16, at end insert "of which at least two-thirds of the members must approve his determination as to the maximum borrowing level affordable in each financial year."
11Page 2, line 16, at end insert—
"(   )  In deciding under subsection (4) whether a determination by the Mayor represents an affordable level of borrowing, the members of a functional body must have regard to the likely effect of borrowing to that level on the precept levied by the body on each of the London Boroughs."
12Page 2, line 17, leave out subsections (5) to (7) and insert—
"(   )  In carrying out any determination or review under this section, a local authority or functional body shall have regard to any relevant code of practice or guidance issued by the Audit Commission or the Chartered Institute of Public Finance and Accountancy."
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

13Page 2, line 31, after "by" insert "or on behalf of"
14Page 2, line 31, leave out "or another"
15Page 2, line 32, at end insert—
"(   )  Regulations under subsection (5) shall be subject to affirmative resolution by both Houses of Parliament."
16Page 2, line 32, at end insert—
"(   )  Without limiting the provisions of subsections (6) and (7), regulations made under subsection (5) shall not fetter the discretion of a local authority, functional body or the Mayor in discharging its or his function under subsection (1)."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

17Page 2, line 36, at end insert—
"(   )  No regulation made under this section shall apply to any local authority that has been assessed as "good" or "excellent" in its most recent comprehensive performance assessment."
 

Clause 4

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

18Page 3, line 3, after "the" insert "aggregate level of"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

19Page 3, line 3, after "by" insert "all"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

20Page 3, line 3, at end insert—
"(   )  No regulation made by the Secretary of State under subsection (1) may reduce the overall borrowing limit set for local authorities in any year in which the Government is planning to increase the level of borrowing by central government departments or their agencies."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE BARONESS HAMWEE

21Page 3, line 4, leave out subsection (2)
22Page 3, line 4, leave out subsections (2) to (6) and insert—
"(   )  No regulations may be made under this section unless—
(a)  the Secretary of State has consulted such representatives of local government as appear to him to be appropriate,
(b)  he has laid before each House of Parliament a report explaining the reasons why he considers it necessary that the regulations be made, and
(c)  the report has been approved by resolutions of each House of Parliament.
(   )  Section 122(1) and (2) do not apply to regulations made under this section."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

23Page 3, line 4, leave out "direction" and insert "regulation"
24Page 3, line 5, leave out from "authority" to end of line 6 and insert "where he considers that the local authority has not, in setting a borrowing limit under section 3(1), had proper regard to the requirements of section 3(2)."
25Page 3, line 8, at end insert—
"(   )  No direction or regulation that applies to a particular local authority or local authorities may be made by the Secretary of State unless he has laid before Parliament a statement explaining the reasons that justify selective action in the case of that authority or authorities."
26Page 3, line 8, at end insert—
"(   )  A limit set under subsection (1) or (2) may not, in respect of any local authority, be set at a level less than the level of that local authority's borrowing on the date that the draft regulation is laid."
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

27Page 3, line 10, leave out "subject to a corresponding limit"
28Page 3, line 16, at end insert ", and
(   )  the rights of the transferor to borrow in the event of failure by the transferee to repay borrowing undertaken on the basis of the transfer."
 

After Clause 4

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

29Insert the following new Clause—
  "Borrowing limits
(1)  The Secretary of State may by regulations set limits in relation to the borrowing of money by a local authority.
(2)  The Secretary of State may only make regulations under subsection (1) if the code for fiscal stability, as provided for in section 155 of the Finance Act 1998 (c. 36) (code for fiscal stability), would otherwise be breached in any way.
(3)  Before the Secretary of State may make regulations under subsection (1), the Treasury must prepare and lay before Parliament a document which shall be subject to approval by a resolution of the House of Commons explaining how the code for fiscal stability would otherwise be breached if limits were not set in relation to the borrowing of money by local authorities.
(4)  It shall be the duty of the Comptroller and Auditor General to examine the Treasury's document published under subsection (3) and report to the House of Commons on his findings."
 

Clause 5

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

30Page 3, line 28, after "relates" insert "and is reasonably expected to be received within that period"
 

Clause 7

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

31Page 4, line 1, at end insert—
"(   )  the transaction is related to a "private finance initiative" or a "public-private partnership""
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

32Page 4, line 15, at end insert—
"(   )  The Secretary of State shall lay regulations before Parliament within 30 days of the coming into force of this section providing for liabilities under Private Finance Initiative contracts to be apportioned so that, where appropriate, a part of those liabilities are to be treated as a credit arrangement."
 

Clause 8

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

33Page 4, line 21, leave out subsection (2)
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

34Page 4, line 22, leave out paragraph (a)
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE BARONESS HAMWEE

35Page 4, line 30, leave out subsection (4)
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

36Page 4, line 31, at end insert—
"(   )  Before making any regulations under subsection (3) or (4), the Secretary of State shall consult such representatives of local government as he considers appropriate, the Chartered Institute of Public Finance and Accountancy and the Audit Commission for Local Authorities and the National Health Service in England and Wales."
 

Clause 9

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

37Page 4, line 37, leave out subsection (2)
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE BARONESS HAMWEE

38Page 4, line 40, leave out subsection (3)
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

39Page 5, line 3, after "provision" insert "in relation to a local authority which is not debt-free at the time of the receipt"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

40Page 5, line 10, at end insert—
"(   )  Regulations made under this section shall be subject to affirmative resolution by both Houses of Parliament."
41Page 5, line 10, at end insert—
"(   )  Before making any regulations under subsection (3), the Secretary of State shall consult such representatives of local government as he considers appropriate, the Chartered Institute of Public Finance and Accountancy and the Audit Commission for Local Authorities and the National Health Service in England and Wales."
 

Clause 10

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

42Page 5, line 16, leave out paragraph (b)
43Page 5, line 23, at end insert—
"(   )  No regulation may be made under this section in respect of a disposal the consideration for which is wholly in the form of housing nomination rights.
(   )  Regulations under this section in respect of disposals consideration for which consists partly of money payable to the authority or consideration other than housing nomination rights and partly of housing nomination rights may not apply section 9 in respect of that part of the consideration which consists of housing nomination rights."
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

44Page 5, line 23, at end insert—
"(   )  Regulations made under this section shall be subject to affirmative resolution by both Houses of Parliament."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill.
 

Clause 11

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

45Page 5, line 25, leave out subsection (1)
46Page 5, line 30, after "expenditure" insert—
"(   )  a trust established to improve amenities or services within the local authority area,"
47Page 5, line 32, leave out paragraph (b)
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

48Page 5, line 33, at end insert—
"(   )  Regulations made under subsection (2)(b) may include only the following in relation to payments to the Secretary of State—
(a)  in relation to the disposal of dwellings, the maximum amount that can be specified is 25 per cent of the capital receipt; and
(b)  in relation to the disposal of any other asset, the maximum amount that can be specified is 15 per cent of the capital receipt."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

49Page 5, line 34, leave out subsections (3) and (4)
50Page 5, line 34, leave out from "(1)" to "shall" in line 35
51Page 5, line 41, leave out subsection (5)
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

52Page 5, line 43, at end insert—
"(   )  Regulations made under this section shall be subject to affirmative resolution by both Houses of Parliament."

 
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©Parliamentary copyright 2003
30 May 2003