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Amendments to the Local Government Bill

Local Government Bill


EIGHTH
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—

Clauses 116 to 126
Schedules 6 and 7
Clauses 127 and 128

[Amendments marked * are new or have been altered]

Amendment
No.

 

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."
 

Clause 120

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 120 stand part of the Bill.
 

Clause 121

 

THE BARONESS BLATCH
THE LORD PALMER

 The above-named Lords give notice of their intention to oppose the Question that Clause 121 stand part of the Bill.
 

After Clause 121

 

THE BARONESS BLATCH

221FInsert the following new Clause—
  "Sex education: code of practice
(1)  The Secretary of State must, within six months of the day on which this Act is passed, make a code of practice in connection with the exercise by local authorities of any function which may affect the provision of relevant education in maintained schools which they maintain.
(2)  The code must, in particular, include provision relating to—
(a)  the establishment of a mechanism for consulting registered parents of registered pupils in maintained schools about the manner of provision of education in accordance with section 403 of the Education Act 1996 (sex education: manner of provision) and the contents of any written statement made in pursuance of section 404(1)(a) of that Act (sex education: statements of policy);
(b)  the full disclosure to registered parents of registered pupils in maintained schools of—
(i)  the materials used in the provision of relevant education, and
(ii)  the names and qualifications of any person or persons, other than teachers employed in the school, providing or assisting in providing relevant education; and
(c)  the terms and conditions under which any person falling within paragraph (b)(ii) above may provide or assist in providing relevant education.
(3)  The Secretary of State may from time to time revise the whole or any part of a code of practice made under this section.
(4)  Before preparing a draft code of practice under this section or any draft revisions of such a code, the Secretary of State shall consult with—
(a)  persons whom he considers to represent the interests of registered parents of registered pupils at maintained schools;
(b)  persons whom he considers to represent the interests of foundation or voluntary controlled schools which have a religious character;
(c)  such other persons as he thinks fit.
(5)  The Secretary of State shall lay any code of practice made by him under this section, and any revision of any such code, before Parliament.
(6)  It shall be the duty of local authorities in exercising any function which may affect the provision of relevant education in maintained schools to have regard to the code and to exercise those functions with a view to securing that every maintained school which they maintain has regard to the code.
(7)  The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
(8)  For the purposes of this section—
(a)  "materials" includes, but is not limited to, any book, teaching aid, visual or photographic material, video, or computer programme;
(b)  "relevant education" means education about sex or sexuality;
(c)  "registered" means shown in the register kept under section 434 of the Education Act 1996 (registration of pupils) and the Education (Pupil Registration) Regulations 1995."
 

THE LORD BRIGHTMAN
THE LORD NORTHBOURNE

222Insert the following new Clause—
  "Promotion of particular sexual lifestyles
(1)  Subject to the general principle that the institution of marriage is to be supported, a local authority shall not encourage, or publish material intended to encourage, the adoption of any particular sexual lifestyle.
(2)  This section does not prohibit the provision for young persons of sex education or counselling services on sexual behaviour and associated health risks."
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

222AInsert the following new Clause—
  "Open space
  Schedule (Amendments relating to open space) has effect in order to clarify the meaning of "open space" in certain legislation and to amend provisions relating to the appropriation or disposal of open space by local authorities."
 

Clause 122

 

THE LORD ROOKER

223Page 74, line 18, at end insert—
"(   )  No—
(a)  order under this Act which, in exercise of the power under subsection (1)(b) to make incidental or supplementary provision, amends or repeals any enactment contained in an Act, or
(b)  regulations under this Act which, in exercise of that power to make incidental or supplementary provision, amend or repeal any such enactment,
  shall be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations (whether containing the order, or regulations, alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament."
224Page 74, line 21, leave out from "instrument" to "shall" in line 22 and insert "that—
(a)  contains an order or regulations under this Act, and
(b)  is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

225Page 74, line 22, after "sections" insert "3(5), 9 to 11,"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

226Page 74, line 23, at end insert—
"(5A)  A statutory instrument containing an order or regulations made under subsection (1)(b) which amends or repeals any enactment shall be subject to approval by both Houses of Parliament."
 

Schedule 6

 

THE BARONESS O'CATHAIN
THE BARONESS BLATCH

226APage 101, line 41, at end insert—
 

"Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

      In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments), in paragraph 2 after "sex cinema" there is inserted ", a lap dancing club"."
 

THE LORD ROOKER

227Page 103, line 24, at end insert—
"(1A)  In subsection (3), for "(9A)" there is substituted "(9AA)"."
228Page 103, line 30, at end insert—
"(4)  After subsection (9A) there is inserted—
    "(9AA)  The power of the Secretary of State to make an order under paragraph 5G of Schedule 9 shall be exercisable by statutory instrument, and no such order shall be made by him unless a draft of it has been laid before and approved by resolution of each House of Parliament.""
 

THE LORD MORGAN
THE BARONESS GALE

228APage 107, line 14, leave out paragraph 41 and insert—
      "In section 11 (discounts)—
(a)  in subsection (2), for "section 12" there is substituted "section 11A"; and
(b)  in subsection (3), the words "and section 12 below" are omitted."
228BPage 107, line 15, at end insert—
      "In section 13 (reduced amounts), in subsection (3) the words "or 12" are omitted."
228CPage 108, line 13, at end insert—
"(b)  the words "or 12(1)" are omitted"
228DPage 108, line 15, at end insert—
"(b)  the words "or 12(1)" are omitted"
 

THE LORD ROOKER

229Page 109, line 22, at end insert—
    "53A   In Schedule 13 (minor and consequential amendments), in paragraph 80 (amendments of section 143 of the Local Government Finance Act 1988)—
(a)  sub-paragraph (1) is omitted, and
(b)  in sub-paragraph (2), for "that section" there is substituted "section 143 of that Act (orders and regulations)"."
 

Schedule 7

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

230Page 113, line 26, column 2, at end insert—
  "Schedule 13."
 

THE LORD MORGAN
THE BARONESS GALE

230APage 114, line 35, column 2, after "Sections" insert "12,"
 

THE LORD ROOKER

231Page 114, line 39, column 2, after "paragraphs" insert "80(1),"
 

Clause 127

 

THE LORD ROOKER

232Page 75, line 26, after "9(1)," insert "24(1), (1A) and (4),"
233Page 75, line 26, after "50(1)" insert ", 53A"
234Page 75, line 30, at end insert—
"(   )  Schedule 9 to the Local Government Finance Act 1988 (c. 41), and
(   )  paragraph 80(1) of Schedule 13 to the Local Government Finance Act 1992 (c. 14),"

 
 
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24 June 2003