Local Government Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 12

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

53Page 6, line 5, leave out paragraph (b) and insert—
"(b)  subject to the provisions of this Act"
 

Clause 13

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

54Page 6, line 8, leave out subsections (1) and (2)
55Page 6, line 14, at end insert "and may be charged on any other assets of the authority"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

56Page 6, line 19, leave out "two" and insert "three"
57Page 6, line 29, leave out "#10,000" and insert "#50,000"
58Page 6, line 30, leave out subsection (9)
 

Clause 14

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.
 

Clause 15

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

59Page 7, line 5, leave out paragraph (a)
60Page 7, line 6, leave out "other"
 

Clause 16

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

61Page 7, line 11, after "proper" insert "relevant"
62Page 7, line 12, leave out subsection (2)
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

63Page 7, line 16, leave out paragraph (b)
 

Clause 18

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

64Page 8, line 11, leave out from "control" to "of" in line 12
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

65*Page 8, line 28, at end insert—
"(5)  A local authority may make and issue a guarantee in respect of membership of a company incorporated under the Companies Acts either operating in its area or operating as a local authority association."
 

Clause 19

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

66Page 8, line 35, after "may" insert ", following consultation with representatives of parish and community councils and charter trustees,"
 

Schedule 1

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

67Page 78, line 12, leave out paragraph (b) and insert—
"(   )  subject to the provisions of this Act"
68Page 79, line 3, leave out "due rate" and insert "rate from time to time specified by the appropriate person"
 

Clause 20

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

69Page 8, line 43, leave out "in writing" and insert "made by regulation"
 

After Clause 20

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

70Insert 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 body 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 23

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

71Page 10, line 41, at end insert—
"(   )  a regional assembly constituted pursuant to a referendum."
72Page 10, line 42, leave out subsection (3)
 

Before Clause 25

 

THE LORD SMITH OF LEIGH

73Insert the following new Clause—
  "Application of provisions of this Part
(1)  The provisions of this Part shall be applied to those local authorities which have—
(a)  been assessed as weak in Corporate Performance Assessment overall;
(b)  been assessed as weak in Corporate Performance Assessment in "Use of Resources";
(c)  received an adverse report from their external auditors about their financial management.
(2)  The application of the provisions of this Part to a local authority shall cease if a subsequent assessment or report shows improvement in its financial management."
 

Clause 26

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 26 stand part of the Bill.
 

Clause 27

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

74Page 12, line 4, leave out subsection (1)
75Page 12, line 8, leave out "previous" and insert "forthcoming"
76Page 12, line 9, leave out "a controlled reserve is or is" and insert "the authority's reserves are or are"
77Page 12, line 13, leave out "corresponding"
78Page 12, line 15, leave out subsection (3)
79Page 12, line 22, leave out from second "the" to end of line 23 and insert "budget for the forthcoming financial year"
 

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

80Page 14, line 25, leave out subsection (1)
81Page 14, line 25, leave out "A Minister of the Crown" and insert "The Secretary of State"
82Page 14, line 26, leave out "incurred or"
83Page 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"
84Page 14, line 27, leave out subsection (2)
85Page 14, line 27, leave out "and the manner of its payment are" and insert "is"
86Page 14, line 28, leave out from "be" to end 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."
87Page 14, line 28, leave out "Minister of the Crown concerned" and insert "Secretary of State"
88Page 14, line 29, leave out "such"
89Page 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."
90Page 14, line 32, leave out paragraph (a)
91Page 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."
92Page 14, line 36, at end insert—
"(   )  Any grant paid under this section shall be reported to Parliament as a special grant report pursuant to section 88B of the Local Government Finance Act 1988 (c. 41) within not more than five months of such grant being made."
93Page 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."
94Page 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."
95Page 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 32

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 32 stand part of the Bill.
 

Clause 33

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 33 stand part of the Bill.
 

Clause 34

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 34 stand part of the Bill.
 

Clause 35

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

96Page 16, line 2, at end insert—
"(   )  a town and parish council"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

97Page 16, line 7, at end insert—
"(   )  No power under this section is to be exercisable in relation to a regional assembly in England."
 

Clause 36

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

98Page 16, line 35, leave out paragraph (c)
99Page 16, line 35, at end insert—
"(   )  Any determination made under this section shall be reported to Parliament as a special grant report pursuant to section 88B of the Local Government Finance Act 1988 (c. 41) within not more than five months of the date of such determination."

 
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30 May 2003