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Amendments to the Local Government Bill

Local Government Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 3rd July 2003, as follows—

Clauses 94 to 101
Schedule 3
Clauses 102 to 106
Schedule 4
Clause 107
Schedule 5
Clauses 108 to 121
Clauses 1 to 19
Schedule 1
Clauses 20 to 42
Schedule 2
Clauses 43 to 93
Clauses 122 to 126
Schedules 6 and 7
Clauses 127 and 128

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 94

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

1Page 51, line 18, leave out subsection (3)
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

2Page 51, line 20, after "not" insert "significantly"
 

Clause 95

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

3Page 52, line 7, leave out sub-paragraphs (ii) and (iii)
 

After Clause 100

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

4*Insert the following new Clause—
  "Freedom and flexibility
(1)  The powers in this Act shall be exercised by the Secretary of State in accordance with a general duty to increase the freedom and flexibility of operation of any local authority that has been assessed as "excellent" or "good" in its most recent comprehensive performance assessment.
(2)  When issuing any regulations or directions under this Act or the Local Government Act 1988 (c. 9) or the Local Government Finance Act 1992 (c. 14) that he intends to apply to a local authority or local authorities that have been placed in the top two tiers of classification in accordance with the provisions set out in section 100 of this Act, the Secretary of State shall at the same time publish a statement explaining how the regulation or direction concerned will increase the freedom and flexibility of such authorities and in what way it will devolve decision-making to local level.
(3)  In exercising powers to make an order under section 101 the Secretary of State must have regard to subsections (1) and (2) above.
(4)  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 tier 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).
(5)  Regulations made under Sections 11 and 26 of this Act shall not apply to any authority that has been placed in the top two tiers of classification in accordance with the provisions set out in section 100, except with the prior agreement of the local authority concerned.
(6)  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."
 

Clause 102

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

5Page 57, leave out line 21
 

Before Clause 104

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

6Insert 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

7Page 60, line 7, leave out paragraph (a)
8Page 60, line 10, leave out paragraph (b)
9Page 60, line 24, leave out paragraph (b)
10Page 61, line 8, 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."
11Leave out Clause 104
 

After Clause 106

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

12*Insert the following new Clause—
  "Discharge of functions
  A member of a local valuation tribunal is not liable for anything done or omitted in the discharge or purported discharge of his functions as a member of that tribunal unless the act or omission is shown to have been in bad faith."
 

Before Clause 113

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

13*Insert the following new Clause—
  "Regulation of body piercing establishments outside London
  After section 36 of the Local Government Act 1988 (c. 9) there is inserted—
    "36ARegulation of body piercing establishments outside London
    (1)  The Secretary of State shall, within twelve months of this section coming into force, by regulation make provision for the extension of powers to all local authorities in England to regulate establishments carrying out body piercing.
    (2)  Powers under this section to make regulations shall be exercisable by statutory instrument.""
 

After Clause 113

 

THE BARONESS BLATCH
THE LORD BISHOP OF WINCHESTER

14*Insert 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 agencies); or
(b)  any application under section 49 of that Act (application for adoption)
  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; or
(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."
 

After Clause 114

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

15Insert the following new Clause—
  "Parish Councils (Model Code of Conduct) Order 2001
(1)  The Parish Councils (Model Code of Conduct) Order 2001 (S.I. 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 BARONESS HANHAM
THE LORD HANNINGFIELD

16*Page 71, line 26, at end insert—
"(   )  the actions or proposals of a precepting authority which concern residents of the local authority area"
 

THE LORD ROOKER

17Page 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."
 

After Clause 117

 

THE LORD ROOKER

18Insert the following new Clause—
  "Generally accepted accounting practice: power to amend enactments
(1)  The appropriate person may by order amend or repeal an enactment relating to a local authority if he considers it appropriate to do so in the light of generally accepted accounting practice as it applies to local government.
(2)  It does not matter for the purposes of subsection (1) whether the enactment itself relates to the accounts of a local authority.
(3)  No order under this section shall be made by the Secretary of State unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
(4)  In this section—
 "enactment" includes an enactment contained in this Act or any Act passed after this Act;
 "local authority" means—
(a)  a body which is a local authority for the purposes of Part 1, or
(b)  a parish council, a community council or charter trustees."
 

After Clause 119

 

THE LORD NORTHBOURNE

19Insert 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 121

 

THE BARONESS BLATCH

20Page 74, line 30, at beginning insert "Subject to the terms of section 127(2A),"
 

THE LORD MISHCON

21Page 74, line 31, at end insert—
"(2)  For the avoidance of doubt, it is hereby declared that nothing in this section affects the duties and powers of the Secretary of State to make rules and issue guidance in connection with sex education under section 148 of the Learning and Skills Act 2000 (c. 21) amending the Education Act 1996 (c. 56)."
 

After Clause 121

 

THE LORD BRIGHTMAN
THE LORD NORTHBOURNE

22Insert 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

23Insert the following new Clause—
  "Mayor of London: openness
(1)  After section 38 of the Greater London Authority Act 1999 (c. 29) (delegation) 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;"."
24Insert 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 omitted."
 

THE BARONESS BLATCH
THE LORD PALMER

25Insert 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;
(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 (c. 56) 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;
(d)  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."
 

THE BARONESS HAMWEE
THE BARONESS SCOTT OF NEEDHAM MARKET

26Insert the following new Clause—
  "
  In section 79(1) of the Local Government Act 1972 (c. 70), for "twenty-one" there shall be substituted "eighteen"."

 
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©Parliamentary copyright 2003
9 July 2003