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

House of Lords

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Town and Country Planning Act 1959 (c. 53)

 2   (1)   The Town and Country Planning Act 1959 is amended as follows.
(2)      In section 23 (exercise of powers of appropriation)—
(a)  subsection (2) is omitted, and
(b)  in subsection (3)(b) after "common" in each case there is inserted "or open space".
(3)      In section 26 (exercise of powers of disposing of land)—
(a)  subsection (2) is omitted, and
(b)  in subsection (5)(d) after "common" in each case there is inserted "or open space".
 

Local Government Act 1972 (c. 70)

 3   (1)   The Local Government Act 1972 is amended as follows.
(2)      In section 122(2)(a) (appropriation of land by principal councils), after "common," there is inserted "open space".
(3)      In section 123 (disposal of land by principal councils) for subsection (2A) there is substituted—
    "(2A)      A principal council may not dispose under subsection (1) above of any land consisting or forming part of an open space except with the consent of the Secretary of State.
    (2AA)      Section 19 of the Acquisition of Land Act 1981 (commons, open spaces etc) shall apply to a consent under subsection (2A) above as it applies to a compulsory purchase order under that Act."
(4)      In section 126(4)(a) (appropriation of land by parish and community councils and by parish meetings), after "common," there is inserted "open space".
(5)      In section 127(3) (disposal of land held by parishes and communities), after the first "(2A)" there is inserted ", (2AA)".
 

Acquisition of Land Act 1981 (c. 67)

 4      In section 19 of the Acquisition of Land Act 1981 (commons, open spaces etc), for subsection (4) there is substituted—
    "(4)      In this section, "common", "fuel or field garden allotment" and "open space" have the same meanings as in the Town and Country Planning Act 1990."
 

Town and Country Planning Act 1990 (c. 8)

 5   (1)   The Town and Country Planning Act 1990 is amended as follows.
(2)      In section 229(2) (appropriation of land forming part of common etc) after "common" there is inserted ", open space".
(3)      In section 336(1) (interpretation)—
(a)  for the definition of "common" there is substituted—
          "common" means—
    (a)  a common or town or village green registered under the Commons Registration Act 1965 (c. 64) or exempt from registration under section 11 (exemption from registration) of that Act or by virtue of any other act; or
    (b)  any other land to which section 194(3) of the Law of Property Act 1925 (c. 20) (restriction on inclosure of commons) applies;" and
(b)  for the definition of "open space" there is substituted—
          "open space" means—
    (a)  land laid out or maintained for the open air recreation, exercise or enjoyment of the public;
    (b)  a garden square protected or maintained under a local act;
    (c)  any other land or water used or designated on a development plan for open air public recreation, exercise, sport or visual enjoyment or for nature conservation or a zoo; or
    (d)  land which is a disused burial ground; and
    (i)  includes ancillary purposes, and buildings or structures on the land for those purposes, and
    (ii)  does not exclude land merely because there are restrictions of public access, or charges are imposed for that access."
 

Clause 112

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

216CAPage 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"
 

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"."
221CBInsert the following new Clause—
  "Mayor of London: openness
(1)  After section 38 of the Greater London Authority Act 1999 (c. 29) there is inserted—
      "Openness in relation to the Mayor
     38A   (1)   Section 22 of the Local Government Act 2000 (c. 22) (access to information etc) shall have effect as if—
    (a)  the Mayor was a local authority executive,
    (b)  a reference to an individual member of such an executive referred to either the Mayor or to a person or body mentioned in section 38(2) to whom an authorisation has been given by the Mayor under section 38(1), and
    (c)  any occasion on which either the Mayor or such a person or body exercises any function of the Authority (whether such a function is exercisable by him solely or by him jointly with the Assembly on the Authority's behalf) was a meeting of a local authority executive,
      but with the modifications contained in subsections (2) to (4) below.
    (2)      Any reference in section 22 of that Act to a committee of a local authority executive, or to a sub-committee of such a committee, shall be disregarded.
    (3)      A reference in section 22 of that Act to an overview and scrutiny committee, or to a sub-committee of such a committee, is a reference—
    (a)  to the Assembly;
    (b)  if the Assembly has appointed a committee or committees under section 54, to such a committee or committees (being ordinary committees within the meaning of section 55(1)) as the Assembly shall designate under subsection (4).
    (4)      The Assembly shall designate a committee or committees for the purpose of discharging an overview and scrutiny committee's functions under section 22 of that Act, provided that section 54 shall not apply to its functions under this subsection."
(2)  In section 420(8) of the Greater London Authority Act 1999 (regulations and orders) after "section 25;" there is inserted "section 38A;"."
221CCInsert the following new Clause—
  "Goods, facilities and services
  In section 19(3) of the Disability Discrimination Act 1995 (c. 50) (discrimination in relation to goods, facilities and services) there is inserted—
"(i)  the services of a local authority shall include those it provides to its elected and co-opted members.""
 

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."

 
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©Parliamentary copyright 2003
20 June 2003