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Amendments to the Local Government Bill

Local Government Bill


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 94

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Page 51, line 20, after "not" insert "significantly"
 

Clause 95

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Page 52, line 7, leave out sub-paragraphs (ii) and (iii)
 

After Clause 105

 

THE BARONESS HAMWEE
THE BARONESS SCOTT OF NEEDHAM MARKET

Insert the following new Clause—
  "Reduction in the age qualification for election and holding office as member of local authority
  In section 79(1) of the Local Government Act 1972, for "twenty-one" there shall be substituted "eighteen"."
 

After Clause 114

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Insert the following new Clause—
  "Parish Councils (Model Code of Conduct) Order 2001
(1)  The Parish Councils (Model Code of Conduct) Order 2001 (SI 2001/3576) shall cease to have effect.
(2)  This section shall come into effect on the day on which this Act is passed."
 

Clause 117

 

THE LORD ROOKER

Page 71, line 32, at end insert—
"(   )  In conducting a poll under this section, a local authority must have regard to any guidance issued by the appropriate person on facilitating participation in a poll under this section by such of those polled as are disabled people."
 

Clause 121

 

THE BARONESS BLATCH

Page 74, line 30, at beginning insert "Subject to the terms of section 127(2A),"
 

After Clause 121

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Insert 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;"."
Insert 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 21 days of the date when the last such meeting was held."
(3)  In subsection 6(b) for "28" there is substituted "21".
(4)  Subsection (7) is deleted."
 

THE BARONESS BLATCH
THE LORD PALMER

Insert the following new Clause—
  "Polls of parents of registered pupils
(1)  A local authority shall, where subsection (2) applies in relation to any school maintained by that authority, exercise its powers under section 117 to conduct a poll to ascertain the views of registered parents of registered pupils at that school in connection with the provision of relevant education.
(2)  This subsection applies where—
(a)  the local authority has received a petition signed by ten per cent or more of the registered parents of registered pupils at a school maintained by the authority; and
(b)  the petition requests a poll on a specific proposition in connection with the provision at that school of relevant education; and
(c)  no poll under this section has been conducted at that school within the previous two years.
(3)  The poll must invite all registered parents of registered pupils at the school to indicate whether they agree or disagree with the specific proposition.
(4)  The poll on the specific proposition must be conducted within two months of the date on which the conditions in subsection (2) are fulfilled.
(5)  If a majority of those voting in the poll support the specific proposition the local authority shall take such steps as are reasonably practicable to secure that the school complies with the effect of that proposition within three months of the date on which the poll ends.
(6)  For the purposes of this section—
(a)  "relevant education" means education about sex or sexuality;
(b)  "registered" means shown in the register kept under section 434 of the Education Act 1996 and the Education (Pupil Registration) Regulations 1995;
(c)  a specific proposition may not include any proposition with which it would be unlawful for the school to comply, or any proposition on the content of the statutory National Curriculum or the required provision for religious education;
(c)  the petition referred to in subsection (2) must be received by an officer of the local authority who must be designated for the purpose by the local authority."
 

Clause 53

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 23, line 3, after "notice" insert "no later than 3 months from the date of the ballot"
 

After Clause 63

 

THE LORD PHILLIPS OF SUDBURY

Insert the following new Clause—
  "Relief for charities and community amateur sports clubs
(1)  In section 43 of the 1988 Act (occupied hereditaments: liability) for subsection (6) there is substituted—
"(6)  This subsection applies where on the day concerned the ratepayer is—
(a)  a charity or trustees for a charity and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities); or
(b)  a community amateur sports club within the meaning of Schedule 18 to the Finance Act 2002 (c. 23) (relief for community amateur sports clubs) and the hereditament is wholly or mainly used for the purposes of that club or of that and any other such community amateur sports club or clubs."
(2)  In section 45 of that Act (unoccupied hereditaments: liability) for subsection (6) there is substituted—
"(6)  This subsection applies where on the day concerned the ratepayer is—
(a)   a charity or trustees for a charity and it appears that when next in use the hereditament will be wholly or mainly used for charitable purposes (whether of that charity or of that and other charities); or
(b)  a community amateur sports club within the meaning of Schedule 18 to the Finance Act 2002 and it appears that when next in use the hereditament will be wholly or mainly used for the purposes of that club or of that and any other such community amateur sports club or clubs.""
 

Clause 64

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 28, line 25, leave out subsection (3)
Page 29, line 37, leave out subsection (4)
 

Clause 66

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 33, line 8, leave out "be the same as or different from" and insert ", subject to subsection (10A) below, be less than but no greater than"
Page 33, line 35, leave out "particular financial year" and insert "relevant period"
 

Clause 71

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 37, line 13, at end insert—
"(10)  No rule made under this section shall increase the individual liability for non-domestic rates of any ratepayer."
 

Clause 73

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 39, line 35, at end insert—
  "For the purposes of paragraph 5A(2) above—
(a)  where a valuation officer serves a notice under any of paragraphs 5A to 5H the notice must comply with guidance to be published by the Secretary of State for the purposes of those paragraphs; and
(b)  before publishing any such guidance the Secretary of State shall consult with such persons or organisations as appear to him to be relevant."
 

After Clause 80

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Insert the following new Clause—
  "Council Tax Appeals
(1)  Schedule 11 of the Local Government Finance Act 1988 is amended as follows.
(2)  After paragraph 11(1)(a) there is inserted—
"(aa)  an appeal which includes an issue of valuation arising out of a decision or order which is given or made by a tribunal on an appeal under section 23 above, shall be referred to the Lands Tribunal;""
 

Clause 122

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Page 74, line 39, at end insert—
"(   )  Such power to make transitional provision shall be applied to ensure that any arrangements previously lawfully made pursuant to the provisions listed in section 101(2) shall not be made unlawful."
 

Clause 127

 

THE BARONESS BLATCH

Page 76, line 39, leave out "and 121"
 

THE BARONESS BLATCH
THE LORD PALMER

Page 77, line 12, at end insert—
"(2A)  Section 121 shall come into force two months after the day on which the Secretary of State certifies that—
(a)  Section (Polls of parents of registered pupils) is in force;
(b)  arrangements have been established for notifying registered parents of registered pupils in schools to which section (Polls of parents of registered pupils) applies of—
(i)  the effect of, and their rights under, that section,
(ii)  the name and address of the officer designated under subsection (6)(d) of that section;
(c)  arrangements have been established for notifying registered parents of registered pupils in maintained schools of their rights under this subsection;
(d)  arrangements have been established for consultation with 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 (c. 56) (sex education: manner of provision) and about the contents of any written statement made in pursuance of section 404(1)(a) of that Act (sex education: statement of policy);
(e)  arrangements have been established for the full disclosure by each maintained school to registered parents of registered pupils at that school of—
(i)  the materials used at that school in the provision of education in accordance with section 403 of the Education Act 1996, and
(ii)  a policy for that school on the use of any person, other than a teacher employed in the school, for providing or assisting in providing education in accordance with section 403 of the Education Act 1996, such policy to include information on the purposes for which such persons will be used and the nature of any organisations which they may represent;
(f)  guidance has been issued under section 403(1A) of the Education Act 1996 in respect of the matters specified in that section and noting the effect of this subsection and of section (Polls of parents of registered pupils);
(2B)  For the purposes of subsection (2A) above—
(a)  "materials" includes, but is not limited to, any book, teaching aid, visual or photographic material, video, or computer programme;
(b)  "maintained school" has the meaning given by section 350 of the Education Act 1996;
(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.

 
 
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©Parliamentary copyright 2003
8 July 2003