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

House of Lords

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Clause 95

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

192APage 51, line 13, leave out sub-paragraph (a)
192BPage 51, line 17, leave out sub-paragraphs (ii) and (iii)
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE BARONESS HAMWEE

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 96

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

195ZAPage 51, line 39, leave out subsection (4)
195APage 51, line 41, at end insert "subject to any order made under section 18(5)"
 

Clause 97

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

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

THE BARONESS HAMWEE
THE BARONESS MADDOCK

196ZAPage 52, line 19, leave out from beginning to second "a" in line 23
196ZBPage 52, line 26, leave out subsection (3)
196APage 52, line 36, leave out subsection (5)
 

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)"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

198APage 53, line 2, after "94" insert "or section 50 of the Disability Discrimination Act 1995 (c. 50)."
 

THE LORD ROOKER

199Page 53, line 28, after "the" insert "statutory instrument containing the"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

199APage 53, line 30, leave out subsection (10)
 

THE LORD ROOKER

200Page 53, line 32, leave out paragraph (a)
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE BARONESS HAMWEE

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

Clause 99

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

201APage 54, line 3, leave out paragraph (a)
201BPage 54, line 5, leave out "other"
 

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 HAMWEE
THE BARONESS MADDOCK

202APage 54, line 36, leave out "must" and insert "may"
202BPage 54, line 39, leave out subsection (2)
202CPage 55, line 2, leave out subsections (4) to (6)
 

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 HAMWEE
THE BARONESS MADDOCK

203ZAPage 55, line 36, leave out paragraphs (e) and (f)
203APage 55, line 36, at end insert ", save that the power shall not apply when the effect would be to make unlawful arrangements previously lawfully made;"
 

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)."
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

204APage 56, line 10, leave out sub-paragraph (ii)
204BPage 56, line 12, leave out paragraph (b)
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

204CPage 56, line 18, at end insert—
"(   )  In section 11 of the Local Government Act 2000 (c. 22) (local authority executives), after subsection (5) there is inserted—
    "(5A)  The duty under this section does not apply to authorities that are classified under section 100 of the Local Government Act 2003 in the top two tiers of performance.""
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

 The above-named Lords give notice of their intention to oppose the Question that Clause 101 stand part of the Bill.
 

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
 

Before Clause 104

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

210AInsert the following new Clause—
  "Local elections: pilot schemes
  In section 10 of the Representation of the People Act 2000 (c. 2) (pilot schemes for local elections in England and Wales), after subsection (12) there is inserted—
    "(13)  An order under subsection (1) which contains provision modifying or disapplying any enactment shall be made by statutory instrument and shall not be made unless a draft of the statutory instrument containing the order has been laid before and approved by a resolution of both Houses of Parliament.
    (14)  Any other order under subsection (1) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.""
 

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"

 
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9 June 2003