Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee: 5 November 2013                  

62

 

Local Audit and Accountability Bill-[Lords], continued

 
 

Brandon Lewis

 

109

 

Schedule  12,  page  89,  line  3,  at end insert—

 

‘(aa)    

in paragraph (b) omit “in the case of an order containing a scheme

 

within paragraph 1(1)(a),”, and’.

 

Brandon Lewis

 

110

 

Schedule  12,  page  89,  line  8,  leave out ‘to the Auditor General for Wales by’ and

 

insert ‘in accordance with’.

 

Brandon Lewis

 

111

 

Schedule  12,  page  99,  line  23,  at end insert—

 

‘(za)    

section 95(4) of the Traffic Management Act 2004;’.

 

Brandon Lewis

 

69

 

Schedule  12,  page  99,  line  25,  after first ‘(b)’ insert ‘paragraph 14 of Schedule 1

 

and’.

 

Brandon Lewis

 

112

 

Schedule  12,  page  99,  line  26,  at end insert—

 

‘(ba)    

section 31(2) of the Legislative and Regulatory Reform Act 2006;’.

 

Brandon Lewis

 

113

 

Schedule  12,  page  99,  line  27,  after ‘of’ insert ‘and paragraph 5(6) of Schedule 14

 

to’.

 

Brandon Lewis

 

70

 

Schedule  12,  page  99,  line  29,  leave out ‘52 and 55’ and insert ‘9 and 52’.

 


 

Brandon Lewis

 

134

 

Parliamentary Star    

Clause  46,  page  31,  line  4,  leave out ‘Section 38 comes’ and insert ‘Sections 38 and

 

[Access to local government meetings and documents] come’.

 


 

Brandon Lewis

 

71

 

Clause  47,  page  31,  line  40,  leave out subsection (2).

 



 
 

Public Bill Committee: 5 November 2013                  

63

 

Local Audit and Accountability Bill-[Lords], continued

 
 

New Clauses

 

Appointment of auditor by specified person

 

Brandon Lewis

 

NC1

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations make provision for and in connection

 

with the appointment, by a person (an “appointing person”) specified by the

 

Secretary of State, of a local auditor to audit the accounts of a relevant authority

 

to which the regulations apply.

 

(2)    

Regulations under subsection (1) may, in particular—

 

(a)    

make provision about the persons that may be specified as an appointing

 

person;

 

(b)    

make provision about the procedure for specifying a person and for an

 

appointing person’s specification to come to an end in prescribed

 

circumstances;

 

(c)    

make provision about the consequences of an appointing person’s

 

specification coming to an end, including—

 

(i)    

for the exercise of functions by the Secretary of State, and

 

(ii)    

for the transfer of the person’s rights and liabilities arising by

 

virtue of the regulations to the Secretary of State or another

 

appointing person;

 

(d)    

confer functions on an appointing person, including in relation to—

 

(i)    

the appointment of local auditors under the regulations,

 

(ii)    

the activities of such auditors, and

 

(iii)    

the resignation or removal from office of such auditors;

 

(e)    

require an appointing person to consult prescribed persons before

 

exercising prescribed functions.

 

(3)    

Regulations under subsection (1) may, in particular—

 

(a)    

make provision about the relevant authorities to which the arrangements

 

under the regulations apply, including provision for them to apply to an

 

authority that has opted into them or has not opted out of them;

 

(b)    

make provision about the procedures to be followed in relation to opting

 

into or out of those arrangements;

 

(c)    

impose duties on relevant authorities to which those arrangements apply,

 

including duties as to—

 

(i)    

the payment of fees to the appointing person in respect of an

 

audit carried out by a local auditor appointed by that person, and

 

(ii)    

the provision of information to the appointing person.

 

(4)    

Provision made by regulations under subsection (1) by virtue of subsection

 

(3)(c)(i) may, in particular—

 

(a)    

provide for fees to be paid in accordance with a scale or scales of fees

 

specified by the appointing person, and

 

(b)    

provide for the payment in prescribed circumstances of a larger or

 

smaller fee than is specified by the appropriate scale.

 

(5)    

Regulations under subsection (1) may, in particular, make provision about the

 

functions of a local auditor appointed by an appointing person.

 

(6)    

Regulations under subsection (1) may, in particular, make provision for the

 

appointment of a local auditor of the accounts of a relevant authority to which


 
 

Public Bill Committee: 5 November 2013                  

64

 

Local Audit and Accountability Bill-[Lords], continued

 
 

arrangements made by the regulations apply where the appointing person does

 

not make an appointment under the regulations.

 

(7)    

Provision made by regulations under subsection (1) by virtue of subsection (6)

 

may, in particular, provide for the appointment to be made by the authority or the

 

Secretary of State.

 

(8)    

Regulations under subsection (1) may, in particular provide—

 

(a)    

for any provision of, or made under, Part 3 of this Act not to apply, or to

 

apply with modifications, in relation to a relevant authority to which

 

regulations under that subsection apply;

 

(b)    

for any other provision of, or made under, this Act not to apply, or to

 

apply with modifications, in consequence of provision made by

 

regulations under that subsection.

 

(9)    

Subsection (8) applies to a provision of or made under this Act even if it makes

 

specific provision about a relevant authority to which the regulations apply.

 

(10)    

In this section “prescribed” means prescribed by regulations under subsection

 

(1).’.

 


 

Auditor’s right to documents and information of significant private contractors

 

Andy Sawford

 

Roberta Blackman-Woods

 

NC2

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

A local auditor has a right of access at all reasonable times to audit documents

 

from private companies that the local authority have contracted significant

 

services to during the last financial year.

 

(2)    

Local auditors only have a right of access to audit documents from private

 

companies, under subsection (1), that relate to the service provided to the local

 

authority by that company.

 

(3)    

A local auditor must make available on request any audit documents, obtained

 

under subsection (1), subject to the provisions of the Freedom of Information Act

 

2000.

 

(4)    

In this section “private company” shall be interpreted to mean any legal entity,

 

including joint ventures, not-for-profit organisations, mutually-held

 

organisations and charities.

 

(5)    

Five years after the coming into force of this section, the Secretary of State must

 

commission and publish a review of the effectiveness of subsections (1) to (3) and

 

of the costs to local auditors, private companies and local authorities arising from

 

it.

 

(6)    

The meaning of “significant” and “terms of qualification” shall be set out by

 

regulations.’.

 



 
 

Public Bill Committee: 5 November 2013                  

65

 

Local Audit and Accountability Bill-[Lords], continued

 
 

Comptroller and Auditor General prescribed persons

 

Andy Sawford

 

Roberta Blackman-Woods

 

NC3

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State shall by order make arrangements for the Comptroller and

 

Auditor General to be added as a prescribed person for the purposes of the public

 

interest disclosure provisions.’.

 


 

Access to local government meetings and documents

 

Brandon Lewis

 

NC4

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations make provision for and in connection

 

with allowing persons—

 

(a)    

to film, photograph or make sound recordings of proceedings at a

 

meeting of a body to which this section applies, or of a committee or sub-

 

committee of such a body;

 

(b)    

to use other means for enabling persons not present at such a meeting to

 

see or hear proceedings at the meeting, as it takes place or later;

 

(c)    

to report or provide commentary on the proceedings at such a meeting,

 

orally or in writing, so that the report or commentary is available, as the

 

meeting takes place or later, to persons not present at the meeting.

 

(2)    

Regulations under subsection (1) may in particular make provision—

 

(a)    

for allowing persons to make available to the public or a section of the

 

public using any medium (including the internet) things produced as a

 

result of activities within that subsection;

 

(b)    

about the facilities to be made available by bodies to which the

 

regulations apply to enable persons to carry on such activities;

 

(c)    

about the steps to be taken by persons before carrying on such activities;

 

(d)    

about the circumstances in which persons may not carry on such

 

activities, including for enabling a person specified in the regulations to

 

prevent them from doing so in the circumstances specified in the

 

regulations.

 

(3)    

The Secretary of State may by regulations make provision—

 

(a)    

for requiring written records to be kept of decisions that are of a kind

 

specified in the regulations and are taken by an officer of a body to which

 

this section applies,

 

(b)    

with respect to the information that is to be included in those written

 

records (including information as to the reasons for any decision);

 

(c)    

for requiring any such written records, or any documents connected with

 

the decisions to which they relate, to be supplied or made available to

 

members of the body, to the public or to other persons;

 

(d)    

for the creation of offences in respect of any rights or requirements

 

conferred or imposed by the regulations.


 
 

Public Bill Committee: 5 November 2013                  

66

 

Local Audit and Accountability Bill-[Lords], continued

 
 

(4)    

The Secretary of State may by regulations provide that any of the following may

 

or must be given or made available by electronic means—

 

(a)    

any notice which is required by the Public Bodies (Admission to

 

Meetings) Act 1960, Part 5A of the Local Government Act 1972 (access

 

to meetings and documents of certain authorities etc) or regulations under

 

this section to be given by a body to which this section applies;

 

(b)    

any document relating to such a body which is required by that Part or

 

those regulations to be open to inspection.

 

(5)    

Regulations under this section may, in particular, amend or repeal any provision

 

of—

 

(a)    

the Public Bodies (Admission to Meetings) Act 1960,

 

(b)    

Part 5A or section 228 (inspection of documents) of the Local

 

Government Act 1972, or

 

(c)    

section 58 of the Greater London Authority Act 1999 (application of Part

 

5A to the London Assembly).

 

(6)    

Subject to subsections (7) and (8), this section applies to—

 

(a)    

a district council,

 

(b)    

a county council in England,

 

(c)    

a London borough council,

 

(d)    

the London Assembly,

 

(e)    

the Common Council of the City of London in its capacity as a local

 

authority or police authority,

 

(f)    

the London Fire and Emergency Planning Authority,

 

(g)    

Transport for London,

 

(h)    

a joint authority established under Part 4 of the Local Government Act

 

1985,

 

(i)    

an economic prosperity board,

 

(j)    

a combined authority,

 

(k)    

a fire and rescue authority in England constituted by a scheme under

 

section 2 of the Fire and Rescue Services Act 2004 or a scheme to which

 

section 4 of that Act applies,

 

(l)    

a National Park Authority for a National Park in England,

 

(m)    

the Broads Authority,

 

(n)    

the Council of the Isles of Scilly,

 

(o)    

a parish council, and

 

(p)    

a parish meeting.

 

(7)    

In its application to subsection (1), subsection (6) is to be read as if it included a

 

reference to an executive of an authority within paragraph (a), (b) or (c) of that

 

subsection.

 

(8)    

In its application to subsection (3), subsection (6) is to be read as if the reference

 

in paragraph (d) to the London Assembly were to the Greater London Authority.

 

(9)    

References in this section to a committee or sub-committee of a body include any

 

committee or sub-committee of that body to which Part 5A of the Local

 

Government Act 1972 applies or is treated as applying.

 

(10)    

References in this section to Part 5A of the Local Government Act 1972 include

 

a reference to that Part as it applies to the London Assembly by virtue of section

 

58 of the Greater London Authority Act 1999.


 
 

Public Bill Committee: 5 November 2013                  

67

 

Local Audit and Accountability Bill-[Lords], continued

 
 

(11)    

In paragraph 4(2) of Schedule 12 to the Local Government Act 1972 (notice of

 

meeting of principal council), for “Three clear days” substitute “Five clear

 

days”.’.

 


 

Parish meetings: parish polls

 

Brandon Lewis

 

NC5

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

In Part 3 of Schedule 12 to the Local Government Act 1972 (procedure in parish

 

meetings), paragraph 18 is amended as follows.

 

(2)    

Omit sub-paragraphs (4) to (6).

 

(3)    

At the end insert—

 

  “(7)  

A poll may be demanded before the conclusion of a parish meeting on

 

any question arising at the meeting, subject to regulations made under

 

sub-paragraph (8).

 

      (8)  

The Secretary of State may by regulations make provision about polls

 

consequent on parish meetings, in particular about—

 

(a)    

the questions arising at a meeting on which a poll may be

 

demanded,

 

(b)    

the circumstances in which a poll may or must be taken

 

(including provision as to the number of local government

 

electors who must demand a poll for a poll to be taken), and

 

(c)    

the conduct of a poll.

 

      (9)  

Regulations under sub-paragraph (8)(c) may apply any electoral

 

enactment (with or without modifications) to polls consequent on

 

parish meetings.

 

    (10)  

In sub-paragraph (9) “electoral enactment” means an enactment which

 

relates to elections or referendums.

 

            

For that purpose, “enactment” includes an enactment contained in

 

subordinate legislation as defined in section 21(1) of the Interpretation

 

Act 1978.

 

    (11)  

A statutory instrument containing regulations under sub-paragraph (8)

 

is subject to annulment in pursuance of a resolution of either House of

 

Parliament.”

 

(4)    

In section 243 of that Act (computation of time and timing of elections, etc)—

 

(a)    

in subsection (2) for “rules under paragraph 18 or” substitute “regulations

 

under paragraph 18 or rules under paragraph 34”,

 

(b)    

in subsection (4) before “rules” (in both places it occurs) insert

 

“regulations or”, and

 

(c)    

in subsection (5) before “rules” (in both places it occurs) insert

 

“regulations or”.’.

 



 
 

Public Bill Committee: 5 November 2013                  

68

 

Local Audit and Accountability Bill-[Lords], continued

 
 

Brandon Lewis

 

135

 

Parliamentary Star    

Title,  line  10,  after ‘publicity;’ insert ‘to make provision about access to meetings and

 

documents of local government bodies;’.

 

Brandon Lewis

 

136

 

Parliamentary Star    

Title,  line  10,  after ‘referendums;’ insert ‘to make provision about polls consequent on

 

parish meetings;’.

 

 

Order of the House [28 October 2013]

 

That the following provisions shall apply to the Local Audit and Accountability Bill

 

[Lords]:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 21 November 2013.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 


 
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