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

House of Lords

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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
 

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"
 

Clause 103

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

210ZCPage 57, line 44, leave out sub-paragraph (ii) and insert—
"(   )  are no less favourable than,"
210ZDPage 58, line 39, leave out sub-paragraph (ii) and insert—
"(   )  are no less favourable than,"
 

After Clause 103

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

210ZEInsert the following new Clause—
  "Staff transfer matters: terms and conditions of employment
(1)  The appropriate person shall exercise his power to give directions under section 102(1) so as to secure that where a local authority is contracting with a person ("the contractor") for the provision of services that are to be provided under a contract instead of by employees of the authority, it does so on terms—
(a)  that require the contractor, in the event of there being any transferring employees, to secure the protection of terms and conditions of employment for each of them, and
(b)  that, so far as relating to the securing of the protection of terms and conditions of employment for a transferring employee, are enforceable by the employee.
(2)  For the purposes of subsection (1)—
(a)  "transferring employee" means an employee of the authority whose contract of employment becomes, by virtue of the application of TUPE regulations in relation to what is done for the purposes of carrying out the contract between the authority and the contractor, a contract of employment with someone other than the authority, and
(b)  "protection of terms and conditions of employment" is secured for a transferring employee if after that change in his employer he has, as an employee of his new employer, rights to terms and conditions of employment that—
(i)  are the same as, or
(ii)  are no less favourable than,
  those that he had as an employee of the authority.
(3)  The appropriate person shall exercise his power to give directions under section 102(1) so as to secure that where—
(a)  a local authority has contracted with a person ("the first contractor") for the provision of services,
(b)  the application of the TUPE regulations in relation to what was done for the purposes of carrying out the contract between the authority and the first contractor resulted in employees of the authority ("the original employees") becoming employees of someone other than the authority, and
(c)  the authority is contracting with a person ("the subsequent contractor") for the provision of any of the services, the authority contracts with the subsequent contractor on terms satisfying the requirements of subsection (4).
(4)  Those requirements are that the terms—
(a)  require the subsequent contractor, in the event of there being any transferring original employees, to secure the protection of terms and conditions of employment for each of them, and
(b)  so far as relating to the securing of protection of terms and conditions of employment for an original employee, are enforceable by the employee.
(5)  For the purposes of subsection (4)—
(a)  "transferring original employee" means an original employee—
(i)  whose contract of employment becomes, by virtue of the application of the TUPE regulations in relation to what is done for the purposes of carrying out the contract between the authority and the subsequent contractor, a contract of employment with someone other than his existing employer, and
(ii)  whose contract of employment on each occasion when an intervening contract was carried out became, by virtue of the application of the TUPE regulations in relation to what was done for the purposes of carrying out the intervening contract, a contract of employment with someone other than his existing employer;
(b)  "protection of terms and conditions of employment" is secured for a transferring original employee if after the change in his employer mentioned in paragraph (a)(i) he has, as an employee of his new employer, rights to terms and conditions of employment that—
(i)  are the same as, or
(ii)  are no less favourable than,
  those that he had before that change.
(6)  In subsection (5)(a)(ii), "intervening contract" means a contract with the authority for the provision, at times after they are provided under the contract with the first contractor and before they are to be provided under a contract with the subsequent contractor, of the services to be provided under the contract with the subsequent contractor.
(7)  Any expression used in this section, and in the TUPE regulations, has in this section the meaning that it has in the TUPE regulations.
(8)  In this section—
 "local authority" means a local authority for the purposes of section 1(1)(a) of the Local Government Act 1999 (c. 27) (local authorities in England and Wales that are best value authorities);
 "the TUPE regulations" means the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794), or any regulations replacing those regulations, as from time to time amended."
 

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 112

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

216CA*Page 65, leave out lines 40 and 41
 

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) (placement for adoption by agencies); 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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13 June 2003