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

House of Lords

back to previous amendments

 

After Clause 98

 

THE LORD SMITH OF LEIGH

201ZAInsert 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.
 

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.""

 
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©Parliamentary copyright 2003
17 June 2003