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Amendments to the Local Government Bill

Local Government Bill


SECOND
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 10 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 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."
 

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
[In substitution for the amendment 65 printed in the Marshalled List]

65Page 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.
(6)  Any guarantees issued under subsection (5) above may not exceed a total value at any one time equivalent to one-fifth of the expenditure limit applicable at that time under section 137 (as amended) of the Local Government Act 1972.
(7)  The provisions of Part 5 of the Local Government Act 1989 (local authority controlled companies) shall not apply in the case of a company limited by guarantee which is either one with charitable objects or is a local authority association."
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

65APage 8, line 28, at end insert—
"(   )  The Secretary of State may by order make provision amending the definitions referred to in subsection (2) and contained in Part 5 of the Local Government and Housing Act 1989 to ensure that the definitions conform to generally accepted accounting practice.
(   )  An order under subsection (5) shall not be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament."
 

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 25

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

73A*Page 11, line 15, at end insert "as provided by section 27(2)"
 

Clause 26

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE BARONESS HAMWEE

 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 29

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

79A*Page 13, line 21, after "situation" insert "and the Mayor of London shall report the deterioration to the Chair of the London Assembly"
 

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"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

87A*Page 14, line 29, leave out subsections (3) and (4)
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

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) (special grants) 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.

 
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©Parliamentary copyright 2003
3 June 2003