House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Local Government Bill

Local Government Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


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

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 3

 

THE LORD ROOKER

1Page 2, line 39, at end insert—
"(   )  The power under subsection (7) is not to be read as limited to the specification of an existing document."
 

Clause 11

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

2Page 5, line 35, leave out paragraph (b)
 

Clause 15

 

THE LORD ROOKER

3Page 7, line 7, at end insert—
"(   )  The power under subsection (1)(b) is not to be read as limited to the specification of existing guidance."
 

Clause 21

 

THE LORD ROOKER

4Page 9, line 28, at end insert—
"(   )  The power under subsection (2)(b) is not to be read as limited to the identification of an existing document."
 

Before Clause 25

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

5Insert the following new Clause—
  "Application of provisions of this Part
  The provisions of this Part may only be applied to those local authorities that have been identified by the Audit Commission as at risk of overspending their total budget by more than 10 per cent."
 

After Clause 43

 

THE LORD JENKIN OF RODING
THE BARONESS HANHAM
THE BARONESS HAMWEE
THE BARONESS MADDOCK

6Insert the following new Clause—
  "Review of property owners' contribution to BIDs
(1)  It shall be a duty of the Secretary of State to appoint an independent person to conduct a review of property owners' involvement in, and financial contribution to, BIDs.
(2)  Such a review should be completed by September 30th 2005.
(3)  The Secretary of State shall no later than three months after the completion of the review lay before Parliament a report—
(a)  summarising the results of the review; and
(b)  stating, with reasons, whether or not legislation should be introduced to require property owners to make a financial contribution to BIDs."
 

After Clause 63

 

THE LORD ROOKER

7Insert the following new Clause—
  "Relief for registered community amateur sports clubs
(1)  In section 43 of the 1988 Act (occupied hereditaments: liability), in subsection (6) (calculation of chargeable amount where ratepayer is a charity and hereditament is occupied for charitable purposes)—
(a)  the words after "on the day concerned" become paragraph (a) of that subsection, and
(b)  after that paragraph there is inserted ", or
    (b)  the ratepayer is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs) and the hereditament is wholly or mainly used—
    (i)  for the purposes of that club, or
    (ii)  for the purposes of that club and of other such registered clubs."
(2)  In section 45 of the 1988 Act (unoccupied hereditaments: liability), in subsection (6) (calculation of chargeable amount where ratepayer is a charity and hereditament will next be used for charitable purposes)—
(a)  the words after "on the day concerned" become paragraph (a) of that subsection, and
(b)  after that paragraph there is inserted ", or
    (b)  the ratepayer is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs) and it appears that when the hereditament is next in use—
    (i)  it will be wholly or mainly used for the purposes of that club, and that club will be such a registered club, or
    (ii)  it will be wholly or mainly used for the purposes of two or more clubs including that club, and each of those clubs will be such a registered club."
(3)  In section 47(2) of the 1988 Act (first condition for discretionary relief), after paragraph (b) there is inserted—
    "(ba)  the ratepayer is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs), and the hereditament is not an excepted hereditament and is wholly or mainly used—
    (i)  for the purposes of that club, or
    (ii)  for the purposes of that club and of other such registered clubs;".
(4)  In section 48 of the 1988 Act (discretionary relief: supplementary), after subsection (2) there is inserted—
    "(2A)  A hereditament not in use shall be treated as wholly or mainly used for the purposes of a club that is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs) if it appears that when next in use it will be wholly or mainly used for the purposes of a club that is then, or two or more clubs each of which is then, such a registered club."
(5)  In section 67 of the 1988 Act (interpretation of Part 3 of that Act), after subsection (10) there is inserted—
    "(10A)  The times at which a club is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs)—
    (a)  shall, where it is registered with retrospective effect, be taken to have included those within the period beginning with the date with effect from which it is registered and ending with its registration; but
    (b)  shall, where its registration is terminated with retrospective effect, be taken not to have included those within the period beginning with the date with effect from which its registration is terminated and ending with the termination of its registration.""
 

THE LORD PHILLIPS OF SUDBURY
THE LORD SHEPPARD OF LIVERPOOL
THE LORD MOYNIHAN
THE LORD WEATHERILL

8Insert 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 EARL OF CAITHNESS
THE BARONESS HANHAM
THE LORD HANNINGFIELD

9Page 32, line 26, leave out "be the same as or different from" and insert "subject to subsection (10A) below, be less than, but not greater than"
10Page 33, line 5, leave out subsection (10) and insert—
"(   )  In making regulations under this section the Secretary of State shall have regard to the object of securing (so far as practicable) that the aggregate amount payable to him and all billing authorities by way of non-domestic rates as regards a relevant period is the same as the aggregate amount which would be so payable apart from the regulations.
(10A)  For the purposes of subsection (10) above, the Secretary of State shall estimate the difference between—
(a)  the aggregate amount which would apart from the regulations, all billing authorities by way of non-domestic rates as regards a relevant period, and
(b)  the aggregate amount which will be payable having regard to rules prescribed under subsection (4) above,
  and any shortfall in aggregate amount shall be recovered by applying a surcharge of the non-domestic rating multiplier for each relevant financial year."
 

Clause 77

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

11Page 43, line 7, at end insert ", provided that such change does not alter the ratio between the top and bottom band.
    (4B)  The power under subsection (4A) shall not be used to alter the ratio between the top and bottom bands set out in subsection (1).""
 

Clause 92

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

12Page 52, line 7, at end insert "except in cases where a surplus is generated and reinvested in the discretionary service for the purposes of increasing provision of the service or to raise the quality of the existing discretionary service"
 

After Clause 111

 

THE BARONESS BLATCH

13Insert 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 of that Act (applications 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;
(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 112

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

14Insert 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."
 

After Clause 114

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

15Insert the following new Clause—
  "Goods, facilities and services
  In section 19 of the Disability Discrimination Act 1995 (c. 50) (discrimination in relation to goods, facilities and services), after subsection (3) there is inserted—
    "(3A)  In subsection (3)(h), the services of a local authority shall include those it provides to its elected and co-opted members.""
 

Clause 115

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

16Page 72, line 14, at end insert—
"(   )  the actions or proposals of a precepting authority which concern residents of the local authority area,"
 

After Clause 118

 

THE LORD ROOKER

17Insert the following new Clause—
  "Regulation of cosmetic piercing and skin-colouring businesses
(1)  Section 15 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (regulation of tattooing, ear-piercing and electrolysis businesses) is amended as follows.
(2)  In subsection (1) (requirement for person carrying on business to be registered), for paragraph (b) (ear-piercing) there is substituted—
    "(aa)  of semi-permanent skin-colouring;
    (b)  of cosmetic piercing; or"
  (and in the side-note for "ear-piercing" there is substituted "semi-permanent skin-colouring, cosmetic piercing").
(3)  In subsection (2) (requirement to register premises where business carried on)—
(a)  for "ear-piercing" there is substituted "semi-permanent skin-colouring, cosmetic piercing", and
(b)  for "pierce their ears" there is substituted "carry out semi-permanent skin-colouring on them, pierce their bodies".
(4)  In subsection (5) (local authority may not require particulars about individuals whose ears have been pierced etc.), for "or whose ears he has pierced" there is substituted ", whose bodies he has pierced or on whom he has carried out semi-permanent skin-colouring".
(5)  After subsection (8) there is inserted—
    "(9)  In this section "semi-permanent skin-colouring" means the insertion of semi-permanent colouring into a person's skin."
(6)  Schedule (Section (Regulation of cosmetic piercing and skin-colouring businesses): transition) (which makes provision about transition) has effect."
 

THE LORD NORTHBOURNE

18Insert 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)  The Secretary of State may by regulation provide for—
(a)  exemptions or exceptions to cover emergencies;
(b)  rights of enforcement and redress for employees through courts or tribunals either already existing or to be established for this purpose;
(c)  criminal sanctions.
(4)  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.
(5)  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."

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
10 September 2003