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

House of Lords

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Clause 90

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

180Page 46, line 43, leave out "determine" and insert "order"
181Page 47, line 40, at end insert—
    "(1B)  An order made under this section in relation to England shall be subject to annulment in pursuance of a resolution of either House of Parliament.""
181A[Withdrawn]
 

Clause 91

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

182Page 48, line 35, at end insert—
    "(6)  The Secretary of State or the National Assembly for Wales shall keep for each financial year an account (to be called a "negative housing subsidy account") and—
    (a)  the Secretary of State or the National Assembly for Wales shall keep each account in such form as the Treasury may direct, and
    (b)  the Secretary of State or the National Assembly for Wales shall at such time as the Treasury may direct send copies of each account to the Comptroller and Auditor General.
    (7)  The Comptroller and Auditor General shall examine, certify and report on any account sent to him under subsection (2) above and shall lay copies of the account and his report before each House of Parliament or in the case of Wales before the National Assembly for Wales.
    (8)  For each financial year, sums received by the appropriate person in the year under subsection (1)(b) above shall be credited to the account kept for the year.
    (9)  For each financial year, payments made by the Secretary of State, or in the case of Wales the National Assembly for Wales, in the year under subsection (11) below shall be debited to the account kept for the year.
    (10)  Before a financial year begins the Secretary of State, or in the case of Wales the National Assembly for Wales, shall estimate—
    (a)  the aggregate of the items of account that will be credited to the account kept for the year, and
    (b)  the aggregate of the items of account that will be debited to the account kept for the year under subsection (9) above.
    (11)  The Secretary of State or the National Assembly for Wales shall make payments to the housing revenue accounts of local authorities.
    (12)  The aggregate of the payments made under subsection (11) above shall not be less than the estimate made by the Secretary of State or the National Assembly for Wales under subsection (10)(a) above.
    (13)  The Secretary of State or the National Assembly for Wales shall determine a scheme for the payments to local authorities, and the scheme shall take account of the need for investment in the housing owned by that authority.
    (14)  In this section "local authority" means—
    (a)  in relation to England—
    (i)  a district council,
    (ii)  a county council that is the council for a county in which there are no district councils,
    (iii)  a London borough council,
    (iv)  the Common Council of the City of London, or
    (v)  the Council of the Isles of Scilly;
    (b)  in relation to Wales, a county council or a county borough council.""
 

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, leave out lines 37 to 42
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
THE BARONESS HAMWEE
THE BARONESS MADDOCK

189Page 50, line 28, leave out subsection (3)
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE BARONESS HAMWEE

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"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

190APage 50, line 30, at end insert—
"(   )  For the purposes of subsection (3) the costs of provision are all costs of, and incidental to, the provision of the service."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

191Page 50, line 31, leave out subsection (4)
192Page 50, line 33, leave out from beginning to "a"
 

Clause 95

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

192APage 51, line 13, leave out 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)
196B*Page 52, line 37, at end insert—
(6)  Section 101(2)(e) shall not apply to this section when the effect would be to make unlawful arrangements lawfully made by an authority under those provisions prior to revocation of orders made under this section.
 

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"
 

After Clause 98

 

THE LORD SMITH OF LEIGH

201ZA*Insert the following new Clause—
  "Public airport and associated companies
(1)  The Secretary of State may make regulations to authorise—
(a)  public airport companies,
(b)  companies associated with public airport companies,
  to engage in a type of activity, specified in the regulations, in which the controlling authority of the public airport company concerned has no power to engage.
(2)  The following shall not apply to any activity authorised by regulations under this section—
(a)  section 17(4) of the Airports Act 1986 (c. 31) (control over constitution and activities of public airport companies),
(b)  any condition imposed on any direction given by the Secretary of State under—
(i)  section 68 (companies controlled by local authorities and arm's length companies), or
(ii)  section 69 (companies subject to local authority influence)
  of the Local Government and Housing Act 1989 (c. 42), if the condition has the same or substantially the same effect as the said section 17(4).
(3)  In considering whether to make regulations under this section, the Secretary of State may take into consideration transport policy, the business of the airport as a commercial undertaking and the potential benefit to the economy of the implementation of the powers to be authorised by the regulations.
(4)  In this section—
 "company associated with a public airport company" means—
(a)  any company of which the public airport company is a subsidiary,
(b)  any other company which is a subsidiary of a company of which the public airport company is also a subsidiary,
 "controlling authority" and "public airport authority" have the same meanings given by section 16 of the Airports Act 1986 (Public airport companies and their controlling authorities),
 "subsidiary" has the meaning given by section 736 of the Companies Act 1985 (c. 6) ("subsidiary", "holding company" and "wholly owned subsidiary.")
 

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.

 
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13 June 2003