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

House of Lords

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Clause 92

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

183Page 49, leave out lines 19 to 27
 

THE LORD ROOKER

184Page 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;"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

185Page 49, line 37, leave out subsection (4)
186Page 49, line 42, leave out "authorities" and insert "classes of authority"
 

Clause 93

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

187Page 50, line 8, leave out subsection (1)
188Page 50, line 11, leave out subsection (2)
 

Clause 94

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

189Page 50, line 28, leave out subsection (3)
190Page 50, line 29, leave out from "the" to end of line 30 and insert "costs of provision do not exceed the income from charges under that subsection"
191Page 50, line 31, leave out subsection (4)
192Page 50, line 33, leave out from beginning to "a"
 

Clause 95

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

193Page 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."
194Page 51, line 20, at end insert—
"(   )  The power under subsection (1) does not apply to existing arrangements."
195Page 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 97

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

196Page 52, line 19, leave out subsections (1) and (2)
 

Clause 98

 

THE LORD ROOKER

197Page 52, line 40, after "made)" insert ", other than section 94(2) or 96(2),"
198Page 53, line 2, after "enactment" insert "(whenever passed or made)"
199Page 53, line 28, after "the" insert "statutory instrument containing the"
200Page 53, line 32, leave out paragraph (a)
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

201Page 53, line 41, leave out "authorised, but" and insert "not prohibited from providing and"
 

Clause 99

 

THE LORD ROOKER

202Page 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"
 

Clause 100

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

203Page 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

204Page 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 per cent during the period of the order made in section 100(4)."
 

Schedule 3

 

THE LORD ROOKER

205Page 89, line 4, leave out from beginning to end of line 6
206Page 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"
207Page 90, line 31, leave out "subsection (6A)" and insert "subsections (6A) and (6B)"
208Page 90, line 34, leave out ", 5 or 6"
209Page 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 102

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

210Page 56, leave out line 30
 

Clause 104

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

211Page 59, line 17, leave out paragraph (a)
212Page 59, line 20, leave out paragraph (b)
213Page 59, line 34, leave out paragraph (b)
214Page 60, line 17, at end insert ", provided that the conditions in subsection (6A) below have been complied with.
(6A)  In consulting the Electoral Commission under subsection (5) above, the Secretary of State must invite the Commission to report publicly on whether, in their view, the making of an order under this section is likely to—
(a)  complicate the conduct of the ballot on the polling day or days;
(b)  lead to greater clarity about and public understanding of the issues involved in the campaign for the elections being moved under the order and for the European Parliamentary elections;
(c)  lead to greater or lesser risk of confusion among electors about the voting procedures in the elections concerned."
 The above-named Lords give notice of their intention to oppose the Question that Clause 104 stand part of the Bill.
 

Clause 105

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

215Page 61, line 12, at end insert "provided that the conditions in subsection (5A) below have been complied with.
(5A)  In consulting the Electoral Commission under subsection (4) above, the National Assembly of Wales must invite the Commission to report publicly on whether, in their view, the making of an order under this section is likely to—
(a)  complicate the conduct of the ballot on the polling day or days;
(b)  lead to greater clarity about and public understanding of the issues involved in the campaign for the elections being moved under the order and for the European Parliamentary elections;
(c)  lead to greater or lesser risk of confusion among electors about voting procedures in the elections concerned."
 

After Clause 105

 

THE BARONESS HAMWEE
THE BARONESS SCOTT OF NEEDHAM MARKET

216Insert the following new Clause—
  "Reduction in the age qualification for election and holding office as member of local authority
  In section 79(1) of the Local Government Act 1972, for "twenty-one" there shall be substituted "eighteen"."
 

After Clause 113

 

THE BARONESS BLATCH
THE LORD BISHOP OF WINCHESTER
THE LORD ALTON OF LIVERPOOL

217Insert the following new Clause—
  "Adoption: conscientious objections
(1)  No person employed by, working for or acting as an adviser to a local authority shall be under any duty whether by contract or by any statutory or other legal requirement to participate in—
(a)  any placement under section 18 of the Adoption and Children Act 2002 (c. 38); or
(b)  any application under section 49 of that Act
  to which he has a conscientious objection on either of the grounds specified in subsection (2).
(2)  The grounds referred to in subsection (1) are that the placement is with, or the application is made by—
(a)  a couple who are not a married couple;
(b)  one person who is in fact part of a couple within the meaning of section 144(4)(b) of the Adoption and Children Act 2002.
(3)  In any legal proceedings the burden of proof of conscientious objection shall rest upon the person claiming to rely on it.
(4)  A local authority shall not treat less favourably any person who relies on subsection (1) above."
 

Clause 114

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

218Page 66, line 20, at end insert "but shall consist of not fewer than three and not more than five members"
219Page 66, line 39, after "(1)," insert—
"(   )  the nature of its business,"
220Page 67, line 24, at end insert "who shall be a senior member of his staff or of the Authority"
221Page 67, line 29, leave out "sufficient" and insert "reasonably necessary"
 

Clause 120

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 120 stand part of the Bill.
 

Clause 121

 

THE BARONESS BLATCH
THE LORD PALMER

 The above-named Lords give notice of their intention to oppose the Question that Clause 121 stand part of the Bill.
 

After Clause 121

 

THE LORD BRIGHTMAN

222Insert the following new Clause—
  "Promotion of particular sexual lifestyles
(1)  Subject to the general principle that the institution of marriage is to be supported, a local authority shall not encourage, or publish material intended to encourage, the adoption of any particular sexual lifestyle.
(2)  This section does not prohibit the provision for young persons of sex education or counselling services on sexual behaviour and associated health risks."
 

Clause 122

 

THE LORD ROOKER

223Page 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."
224Page 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,"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

225Page 74, line 22, after "sections" insert "3(5), 9 to 11,"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

226Page 74, line 23, at end insert—
"(5A)  A statutory instrument containing an order or regulations made under subsection (1)(b) which amends or repeals any enactment shall be subject to approval by both Houses of Parliament."

 
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30 May 2003