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

House of Lords

back to previous amendments

 

Clause 102

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

210Page 56, leave out line 30
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

210ZAPage 57, line 9, at end insert "to the extent that differences are required and without distinguishing between cases or authorities in the same category"
210ZBPage 57, line 9, at end insert—
"(   )  shall be the subject of consultation with representatives of authorities and of staff before they are issued"
 

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."
 

Clause 106

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

215APage 61, line 35, at end insert—
"(   )  In the event of any conflict between the Service and a valuation tribunal as to what is a function of the Service within this section and what is a judicial or other matter within the jurisdiction of a tribunal, the Service, a tribunal or its President may request the chairman of the Council on Tribunals to appoint a qualified person to arbitrate between them and he shall do so."
216[Withdrawn]
216APage 62, line 1, after "Service" insert "and representatives of local authorities"
 

Schedule 4

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

216BPage 92, line 7, leave out "be appointed" and insert "hold office"
 

After Clause 107

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

216CInsert the following new Clause—
  "Liability
  A member of a valuation tribunal or a clerk officiating at a tribunal hearing shall not in the absence of bad faith be liable for anything done or omitted to be done in the discharge or purported discharge of his functions."
 

Clause 113

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

216DPage 66, line 8, leave out from "Board" to end of line 9
 

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

221APage 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,"
221BPage 69, line 19, at end insert ", or proportion,"
 

After Clause 116

 

THE BARONESS O'CATHAIN
THE BARONESS BLATCH

221CInsert the following new Clause—
  "Control of unlicensed sex establishments
(1)  Sections 2 to 8 of the City of Westminster Act 1996 (c. viii) (control of unlicensed sex establishments) shall have effect, for the purposes of this Act, as if they were incorporated in this Act with the substitution—
(a)  for references to Westminster City Council of references to a local authority, and
(b)  for references to the City of Westminster of references to the local authority's area.
(2)  In this section, "local authority" means—
(a)  a county council;
(b)  a county borough council;
(c)  a district council;
(d)  a London borough council;
(e)  the Common Council of the City of London;
(f)  the Council of the Isles of Scilly."
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

221CAInsert the following new Clause—
  "Meetings and procedure of the London Assembly
(1)  Section 52 of the Greater London Authority Act 1999 (c. 29) (meetings of the whole Assembly) is amended as follows.
(2)  After subsection (3) there is inserted—
    "(3A)  A meeting of the Assembly held under subsection (3) shall not be held within 28 days of the date when the last such meeting was held."
(3)  In subsection (6)(b) for "28" there is substituted "14"."
 

Clause 117

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

221DPage 70, line 47, at end insert—
"(   )  The local authority shall have regard to guidance which shall be issued by the appropriate person about making local polls accessible to disabled people."
 

After Clause 119

 

THE LORD NORTHBOURNE
THE LORD ALTON OF LIVERPOOL

221EInsert the following new Clause—
  "Employment rights of local authority employees
(1)  No employee whose employer is a local authority or local authority company shall be required to work on both a Saturday and the immediately following Sunday if that person has the care and control of a school-age child.
(2)  On whichever day the employee is not required to work under subsection (1), he shall not be required to work at any time during that day.
(3)  For the purposes of subsection (1), any adult with whom a school-age child customarily lives as part of his or her family has the care and control of that school-age child and where more than one adult qualifies under this test each of them has the care and control.
(4)  In this section—
 "employee" and "employer"—
(a)  in relation to England and Wales, and Scotland, have the same meaning as in the Employment Rights Act 1996 (c. 18), and
(b)  in relation to Northern Ireland have the same meaning as in the Employment Rights (Northern Ireland) Order 1996;
 "local authority" means a local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council;
 "local authority company" means a company through which is exercised a power conferred under section 95;
 "school-age child" means a person who has attained the age of five but has not attained the age of eighteen."
 

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 BARONESS BLATCH

221FInsert the following new Clause—
  "Sex education: code of practice
(1)  The Secretary of State must, within six months of the day on which this Act is passed, make a code of practice in connection with the exercise by local authorities of any function which may affect the provision of relevant education in maintained schools which they maintain.
(2)  The code must, in particular, include provision relating to—
(a)  the establishment of a mechanism for consulting registered parents of registered pupils in maintained schools about the manner of provision of education in accordance with section 403 of the Education Act 1996 (sex education: manner of provision) and the contents of any written statement made in pursuance of section 404(1)(a) of that Act (sex education: statements of policy);
(b)  the full disclosure to registered parents of registered pupils in maintained schools of—
(i)  the materials used in the provision of relevant education, and
(ii)  the names and qualifications of any person or persons, other than teachers employed in the school, providing or assisting in providing relevant education; and
(c)  the terms and conditions under which any person falling within paragraph (b)(ii) above may provide or assist in providing relevant education.
(3)  The Secretary of State may from time to time revise the whole or any part of a code of practice made under this section.
(4)  Before preparing a draft code of practice under this section or any draft revisions of such a code, the Secretary of State shall consult with—
(a)  persons whom he considers to represent the interests of registered parents of registered pupils at maintained schools;
(b)  persons whom he considers to represent the interests of foundation or voluntary controlled schools which have a religious character;
(c)  such other persons as he thinks fit.
(5)  The Secretary of State shall lay any code of practice made by him under this section, and any revision of any such code, before Parliament.
(6)  It shall be the duty of local authorities in exercising any function which may affect the provision of relevant education in maintained schools to have regard to the code and to exercise those functions with a view to securing that every maintained school which they maintain has regard to the code.
(7)  The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
(8)  For the purposes of this section—
(a)  "materials" includes, but is not limited to, any book, teaching aid, visual or photographic material, video, or computer programme;
(b)  "relevant education" means education about sex or sexuality;
(c)  "registered" means shown in the register kept under section 434 of the Education Act 1996 (registration of pupils) and the Education (Pupil Registration) Regulations 1995."
 

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."

 
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©Parliamentary copyright 2003
11 June 2003