12244.26-29

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Localism Bill

26

(a)
fails to comply with an obligation imposed on the person by section

(Disclosure of pecuniary interests on taking office)(1) or (Pecuniary

interests in matters considered at meetings or by a single member)(2), (3)

or (7),

(b)
participates in any discussion or vote in contravention of section

(Pecuniary interests in matters considered at meetings or by a single

member)(4), or

(c)
takes any steps in contravention of section (Pecuniary interests in

matters considered at meetings or by a single member)(8).

(1A)
A person commits an offence if under section (Disclosure of pecuniary

interests on taking office)(1) or (Pecuniary interests in matters considered at

meetings or by a single member)(2), (3) or (7) the person provides information

that is false or misleading and the person—

(a)
knows that the information is false or misleading, or

(b)
is reckless as to whether the information is true and not

misleading.”
35
Page 24, line 35, leave out from beginning to “by” and insert “A court dealing with

a person for an offence under this section may (in addition to any other power

exercisable in the person’s case)”
36
Page 25, line 6, at end insert—

“(8)
The Local Government Act 1972 is amended as follows.

(9)
In section 86(1)(b) (authority to declare vacancy where member becomes

disqualified otherwise than in certain cases) after “2000” insert “or section

19 of the Localism Act 2011”.

(10)
In section 87(1)(ee) (date of casual vacancies)—

(a)
after “2000” insert “or section 19 of the Localism Act 2011 or”, and

(b)
after “decision” insert “or order”.

(11)
The Greater London Authority Act 1999 is amended as follows.

(12)
In each of sections 7(b) and 14(b) (Authority to declare vacancy where

Assembly member or Mayor becomes disqualified otherwise than in

certain cases) after sub-paragraph (i) insert—

“(ia)
under section 19 of the Localism Act 2011,”.

(13)
In section 9(1)(f) (date of casual vacancies)—

(a)
before “or by virtue of” insert “or section 19 of the Localism Act

2011”, and

(b)
after “that Act” insert “of 1998 or that section”.”
After Clause 19
37
Insert the following new Clause—

“Delegation of functions by Greater London Authority

(1)
The Mayor of London and the London Assembly, acting jointly, may

arrange for any of the functions conferred on them by or under this Chapter

to be exercised on their behalf by—

(a)
a member of staff of the Greater London Authority, or

27

(b)
a committee appointed in accordance with provision made by

virtue of this section.

(2)
Standing orders of the Greater London Authority may make provision

regulating the exercise of functions by any member of staff of the Authority

pursuant to arrangements under subsection (1).

(3)
Standing orders of the Greater London Authority may make provision for

the appointment of a committee (“the standards committee”) to exercise

functions conferred on the Mayor of London and the London Assembly by

or under this Chapter in accordance with arrangements under subsection

(1).

(4)
Standing orders of the Greater London Authority may make provision

about the membership and procedure of the standards committee.

(5)
The provision that may be made under subsection (4) includes—

(a)
provision for the standards committee to arrange for the discharge

of its functions by a sub-committee of that committee;

(b)
provision about the membership and procedure of such a sub-

committee.

(6)
Subject to subsection (7), the standards committee and any sub-committee

of that committee—

(a)
is not to be treated as a committee or (as the case may be) sub-

committee of the London Assembly for the purposes of the Greater

London Authority Act 1999, but

(b)
is a committee or (as the case may be) sub-committee of the Greater

London Authority for the purposes of Part 3 of the Local

Government Act 1974 (investigations by Commission for Local

Administration in England).

(7)
Sections 6(3)(a) (failure to attend meetings) and 73(6) (functions of

monitoring officer) of the Greater London Authority Act 1999 apply to the

standards committee or any sub-committee of that committee as they apply

to a committee of the London Assembly or any sub-committee of such a

committee.

(8)
Part 5A of the Local Government Act 1972 (access to meetings and

documents) applies to the standards committee or any sub-committee of

that committee as if—

(a)
it were a committee or (as the case may be) a sub-committee of a

principal council within the meaning of that Part, and

(b)
the Greater London Authority were a principal council in relation

to that committee or sub-committee.

(9)
Arrangements under this section for the exercise of any function by—

(a)
a member of staff of the Greater London Authority, or

(b)
the standards committee,


do not prevent the Mayor of London and the London Assembly from

exercising those functions.

(10)
References in this section to the functions of the Mayor of London and the

London Assembly conferred by or under this Chapter do not include their

functions under this section.

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(11)
In this section “member of staff of the Greater London Authority” has the

same meaning as in the Greater London Authority Act 1999 (see section

424(1) of that Act).”
Clause 22
38
Page 25, line 32, leave out “senior”
39
Page 25, line 34, leave out “senior”
40
Page 25, line 35, at end insert “,

(b)
the remuneration of its lowest-paid employees, and

(c)
the relationship between—

(i)
the remuneration of its chief officers, and

(ii)
the remuneration of its employees who are not chief officers.

(2A)
The statement must state—

(a)
the definition of “lowest-paid employees” adopted by the authority

for the purposes of the statement, and

(b)
the authority’s reasons for adopting that definition.”
41
Page 26, line 5, leave out “senior”
Clause 23
42
Page 26, line 9, leave out “senior”
43
Page 26, line 15, leave out “senior”
44
Page 26, line 17, leave out “senior”
Clause 25
45
Page 26, line 34, leave out “senior”
46
Page 27, line 2, leave out “senior”
Clause 27
47
Page 27, line 28, leave out from “following” to end of line 32
48
Page 28, line 20, at end insert—

“(5A)
In this Chapter “remuneration”, in relation to a relevant authority and an

employee of its who is not a chief officer, means—

(a)
the employee’s salary,

(b)
any bonuses payable by the authority to the employee,

(c)
any allowances payable by the authority to the employee,

(d)
any benefits in kind to which the employee is entitled as a result of

the employee’s employment,

(e)
any increase in or enhancement of the employee’s pension

entitlement where the increase or enhancement is as a result of a

resolution of the authority, and

(f)
any amounts payable by the authority to the employee on the

employee ceasing to be employed by the authority, other than any

amounts that may be payable by virtue of any enactment.

29

(5B)
References in this Chapter to the remuneration of an employee who is not

a chief officer include—

(a)
the remuneration that may be provided to that employee in the

future, and

(b)
the remuneration that is to be provided to employees of the same

kind that the authority may employ in the future.”
After Clause 27
49
Insert the following new Clause—

“Chapter 6A

Commission for Local Administration in England

Arrangements for provision of services and discharge of functions

(1)
After section 33ZA of the Local Government Act 1974 insert—

“33ZB
Arrangements for provision of administrative and other services

(1)
Arrangements involving the Commission may be entered into by

persons within subsection (4) for the provision of administrative,

professional or technical services by any one or more of the parties

for any one or more of the parties, whether for consideration or

otherwise.

(2)
For the purposes of subsection (1), arrangements for the provision

of services involve the Commission if the Commission is one of the

parties to the arrangements and at least one of the following

conditions is met—

(a)
the Commission is the party, or one of the parties, by whom

the services are to be provided;

(b)
the Commission is the party, or one of the parties, to whom

the services are to be provided.

(3)
The arrangements that may be entered into under subsection (1)

include arrangements for—

(a)
the Commission, or

(b)
the Commission jointly with any one or more of the parties,


to have the function of discharging, on behalf of a party, any

function of that party which is of an administrative, professional or

technical nature.

(4)
The persons within this subsection are—

(a)
the Commission,

(b)
the Parliamentary Commissioner,

(c)
the Health Service Commissioner for England, and

(d)
the person administering a scheme approved under

Schedule 2 to the Housing Act 1996 (scheme for enabling

complaints to be investigated by a housing ombudsman).”

(2)
In paragraph 13 of Schedule 4 to the Local Government Act 1974

(delegation by Local Commissioners) after sub-paragraph (2) insert—