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

House of Lords

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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—
  "
  In section 79(1) of the Local Government Act 1972 (c. 70), 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) (local authority foster parents); or
(b)  any application under section 49 (applications for adoption) 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 (general interpretation etc.).
(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 116

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

221A*Page 69, line 18, after second "committee" insert "or for the proportion of members not so co-opted required to take part in any vote (for which purpose an abstention shall be counted as a vote) for the vote to be valid,"
221B*Page 69, line 19, at end insert ", or proportion,"
 

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."
 

Schedule 6

 

THE LORD ROOKER

227Page 103, line 24, at end insert—
"(1A)  In subsection (3), for "(9A)" there is substituted "(9AA)"."
228Page 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.""
229Page 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

230Page 113, line 26, column 2, insert—
  "Schedule 13."
 

THE LORD ROOKER

231Page 114, line 39, column 2, after "paragraphs" insert "80(1),"
 

Clause 127

 

THE LORD ROOKER

232Page 75, line 26, after "9(1)," insert "24(1), (1A) and (4),"
233Page 75, line 26, after "50(1)" insert ", 53A"
234Page 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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3 June 2003