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

House of Lords

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Clause 78

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

71Leave out Clause 78
 

Clause 79

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

72Page 42, line 27, at end insert ", provided that such change does not alter the ratio between the top and bottom band.
    (   )  The power under subsection (4A) shall not be used to alter the ratio between the top and bottom bands set out in subsection (1)."
73Page 42, line 27, at end insert—
    "(   )  Any order made under this section may apply to a billing authority or any number of billing authorities."
74Page 42, line 27, at end insert—
    "(   )  No power may be exercised under subsection (4A) if at the beginning of the financial year in which it would have effect it would result in any dwelling being placed in a higher band than that which it would have been had the values set out in subsections (2) and (3) been uprated to reflect movements in the housing price index after the coming into force of this Act."
75Leave out Clause 79
 

After Clause 80

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

76Insert the following new Clause—
  "Council tax appeals
(1)  Schedule 11 of the Local Government Finance Act 1988 (c. 41) (tribunals) 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 86

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

77Page 45, leave out line 42
78Page 46, leave out lines 9 to 11
 

Clause 88

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

79*Page 46, line 38, at end insert—
"(   )  In carrying out their functions under this Part, the appropriate person and the local housing authority must have particular regard to the provisions of sections 1 to 3 of the Homelessness Act 2002 (c. 7)."
 

Clause 122

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

80Page 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."
 

Schedule 6

 

THE BARONESS O'CATHAIN

81*Page 102, line 34, at end insert—
 

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

(1)      In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments), in paragraph 2 after "sex cinema" there is inserted ", adult cabaret club".
(2)      In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982, "adult cabaret club" means any premises, vehicle or stall used to a significant degree for—
(a)  any exhibition, performance or dance of any type where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(b)  any exhibition, performance or dance of any type where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description or simulation of:
(i)  human genitals in a state of sexual stimulation or arousal;
(ii)  acts of human masturbation, sexual intercourse or sodomy;
(iii)  fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or
(c)  any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the adult cabaret club's activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing."
 

THE LORD ROOKER

82Page 108, line 16, at end insert—
 "41A      In section 13(3) (reduced amounts), after "section 11" there is inserted ", 11A"."
83Page 109, line 13, at end insert ", and
(b)  for "12(1)" there is substituted "12"."
84Page 109, line 15, at end insert ", and
(b)  for "12(1)" there is substituted "12"."
 

Schedule 7

 

THE LORD ROOKER

85Page 115, line 43, column 2, at beginning insert—
  "In section 11(3), the words "and section 12 below"."
 

Clause 127

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

86Page 76, line 22, leave out "120,"
 

THE LORD ROOKER

87Page 76, line 38, leave out "section" and insert "sections 76(2) to (5) and"
 

THE BARONESS BLATCH

88Page 76, line 39, leave out "and 121"
 

THE LORD ROOKER

89Page 76, line 40, leave out "to 49" and insert ", 41A to 47, 48(a), 49(a)"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

90Page 77, line 12, at end insert—
"(   )  Section 120 shall come into force at the end of the period of two years beginning with the day on which the Fire Services Act 2003 is passed."
 

THE BARONESS BLATCH
THE LORD PALMER

91Page 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 each maintained school to consult with registered parents of registered pupils at that school 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 6(4) of the Education Act 2002 (c. 32) (interpretation of chapter 2);
(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 ROOKER

92Page 77, line 31, after "(9)" insert ", 76(2) to (5)"
93Page 77, line 38, after "(3)," insert "48(b), 49(b),"

 
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9 July 2003