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| | Wednesday 11 January 2012 |
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| | Local Government Ombudsman (Amendment) Bill
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| | | That, if proceedings on the Bill are not completed at today’s sitting, the Committee do |
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| | | meet on Tuesday at 9.30 am. |
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| | Page 1, line 1, leave out Clause 1. |
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| | | Clause disagreed to on division. |
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| | Page 1, line 18, leave out Clause 2. |
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| | Clause 3, page 2, line 20, leave out paragraph (a). |
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| | | Clause, as amended, Agreed to on division. |
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| | Clause 4, page 2, line 25, leave out ‘Ombudsman (Amendment)’ and insert |
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| | Clause 4, page 2, line 27, leave out ‘on’ and insert ‘two months after’. |
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| | | Clause, as amended, Agreed to. |
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| | | Decisions invoking health or safety: notification, reasons and review |
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| | | Read a second time on division and added NC1 |
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| | To move the following Clause:— |
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| | | ‘In the Local Government Act 1974 before Part 3 insert— |
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| | | Decisions relating to holding of events |
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| | | 22A | Decisions invoking health or safety: notification, reasons and review |
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| | | (1) | Subsection (2) applies if— |
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| | | (a) | a decision that relates to an event is taken by or on behalf of an |
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| | | authority to which Part 3 of this Act applies, |
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| | | (b) | the decision is taken in connection with the exercise of the |
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| | | authority’s administrative functions, and |
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| | | (c) | for a reason related to the health or safety of any person, or for |
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| | | reasons that include such a reason, the decision has effect to— |
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| | | (i) | stop the holding of the event, |
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| | | (ii) | impose restrictions on the holding of the event, |
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| | | (iii) | impose conditions to be met in connection with the |
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| | | (iv) | do all, or any two, of those things. |
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| | | (2) | The authority must ensure that written notification of the decision is |
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| | | given (electronically or otherwise) to— |
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| | | (a) | the person who made the application or other request to which |
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| | | the decision is a response, or |
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| | | (b) | a person who appears to the authority to be an organiser of the |
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| | | event if the decision is made otherwise than on a request. |
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| | | (3) | Written notification given for the purposes of subsection (2)— |
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| | | (a) | must be given on the day the decision is taken or, if it is not |
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| | | reasonably practicable to give the notification on that day, must |
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| | | be given on the first working day after that day, |
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| | | (b) | must, if the decision has the effect mentioned in subsection |
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| | | (1)(c)(i), give details of the decision’s effect, |
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| | | (c) | must, if the decision has the effect mentioned in subsection |
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| | | (1)(c)(ii) or (iii), give details of the restrictions or conditions, |
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| | | (d) | must include the reasons for the decision so far as it has any of |
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| | | the effects mentioned in subsection (1)(c)(i) to (iii), and |
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| | | (e) | may be a notification that is given also for other purposes. |
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| | | (4) | Subsection (5) applies if— |
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| | | (a) | for the purposes of subsection (2) an authority gives a person |
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| | | notification of a decision, and |
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| | | (b) | the person, or some other person who is an organiser of the event, |
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| | | asks the authority to review the decision. |
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| | | (5) | The authority must ensure— |
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| | | (a) | that a review of the decision is completed— |
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| | | (i) | as soon as is reasonably practicable after the authority |
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| | | receives the request for the review, and |
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| | | (ii) | in any event, within two weeks of the day on which the |
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| | | authority receives the request, and |
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| | | (b) | that the person who asked for the review is given (electronically |
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| | | or otherwise) written notification of the decision made on the |
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| | | review, including the reasons for the decision, as soon as is |
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| | | reasonably practicable after the decision is made. |
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| | | (6) | On a review under subsection (5) of a decision, the decision is to be— |
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| | | (c) | replaced by any other decision that could have been taken in the |
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| | | (d) | varied (but only if the decision as varied is one that could have |
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| | | been taken in the first instance). |
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| | | (7) | If a person has rights to appeal against or otherwise challenge a decision |
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| | | reviewed under subsection (5), the person has the corresponding rights to |
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| | | challenge the decision made on the review. |
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| | | (8) | In this section ‘working day’ means any day other than a Saturday, a |
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| | | Sunday, Christmas Day, Good Friday or a day which is a bank holiday |
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| | | under the Banking and Financial Dealings Act 1971 in England and |
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| | | Procedure for investigations by Local Government Ombudsman |
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| | | Read a second time on division and added NC2 |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 28 of the Local Government Act 1974 (procedure in respect of |
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| | | investigations under Part 3 by Local Commissioners) is amended as follows. |
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| | | (2) | In subsection (2) (investigations by Local Commissioner to be conducted in |
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| | | private but otherwise as the Local Commissioner considers appropriate) after |
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| | | “without prejudice to the generality of the preceding provision” insert “— |
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| | | (a) | the Local Commissioner may, as well as adopting different |
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| | | procedure for different cases, adopt different procedure for cases |
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| | | of different descriptions; and |
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| | | (3) | After subsection (4) insert— |
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| | | “(5) | The differential procedure authorised by subsection (2)(a) includes (in |
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| | | particular) procedure for cases of a particular description that is expected |
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| | | to be faster than that for at least some other cases”’. |
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| | Title, line 1, leave out from beginning to ‘safety’ in line 3 and insert ‘Make provision |
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| | about the procedure for conducting investigations under Part 3 of the Local Government |
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| | Act 1974; and to make provision for cases where an authority to which that part applies |
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| | takes a decision that affects the holding of an event for a reason relating to health or’. |
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| | | Bill, as amended, to be reported. |
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