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Amendments to the Local Government Bill

Local Government Bill


SEVENTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 19th May 2003, as follows—

Clause 101
Schedule 3
Clauses 102 to 106
Schedule 4
Clause 107
Schedule 5
Clauses 108 to 126
Schedules 6 and 7
Clauses 127 and 128

[Amendments marked * are new or have been altered]

Amendment
No.

 

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.
205*[Withdrawn]
206*[Withdrawn]
207*[Withdrawn]
208*[Withdrawn]
209*[Withdrawn]
 

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."
 

After Schedule 5

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

216CZAInsert the following new Schedule—
 

"SCHEDULE 5A
AMENDMENTS RELATING TO OPEN SPACE

 

Open Spaces Act 1906 (c. 25)

 1      In section 20 of the Open Spaces Act 1906 (definitions) for the definition of "open space" there is substituted—
          "The expression "open space" means any land laid out or maintained (or appropriated for laying out or maintaining) for the open air recreation, exercise or enjoyment of the public and—
    (i)  includes ancillary purposes, and buildings or structures on the land for those purposes, and
    (ii)  does not exclude land merely because restrictions of public access or charges are imposed as may be permitted by any Act."

 
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20 June 2003