14070.5-9

House of Lords

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Local Audit and Accountability Bill [HL]

5

Clause 22
20
Page 16, line 14, at end insert—

“(4A)
Subsection (3) does not apply in relation to a parish meeting unless the

offence is alleged to have been committed by the chairman of the parish

meeting or the proper officer of the district council within whose area the

parish lies.”
Clause 27
21
Page 19, line 6, leave out from “may” to end of line 7
22
Page 19, line 8, after “(a)” insert “within the period of 6 weeks beginning with the

day after that on which the person is notified of the decision,”
23
Page 19, line 9, after “(b)” insert “within the period of 21 days beginning with the

day after that on which the person receives those written reasons,”
24
Page 19, line 16, at end insert—

“(5A)
Subsection (5B) applies if a local auditor of the accounts of a relevant

authority incurs costs in determining whether to make an application

under this section in relation to the authority, but the application is not in

fact made.

(5B)
The local auditor may recover the reasonable costs so incurred from the

relevant authority.”
Clause 30
25
Page 20, line 9, at end insert—

“(5)
Subsection (6) applies if a local auditor of the accounts of a relevant

authority incurs costs in determining whether to make an application

under this section in relation to the authority, but the application is not in

fact made.

(6)
The local auditor may recover the reasonable costs so incurred from the

relevant authority.”
After Clause 38
26
Insert the following new Clause—

“Access to local government meetings and documents

(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;

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(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.

(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,

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(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.

(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”.”
Clause 39
27
Page 26, line 30, at end insert—

“(13A)
Subsections (14) to (16) apply (and subsections (18) to (20) do not apply) if,

in accordance with section 46(2A), this section comes into force on the day

on which this Act is passed.”
28
Page 26, line 35, after “may” insert “, in particular,”
29
Page 26, line 46, at end insert—

“(17)
Subsections (18) to (20) apply (and subsections (14) to (16) do not apply) if

this section comes into force on a day appointed by the Secretary of State

by order under section 46(2A).

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(18)
Section 52ZC of the Local Government Finance Act 1992 applies with the

following modifications to the determination of a set of principles for the

financial year beginning with 1 April 2015.

(19)
The Secretary of State may, in particular, determine categories of authority

for that financial year—

(a)
on the basis of whether an authority’s relevant basic amount of

council tax for the financial year beginning with 1 April 2013 would

have been excessive if that amount for that year and for the

immediately preceding financial year had been determined under

section 52ZX of the Local Government Finance Act 1992 as

amended by this section,

(b)
on the basis of whether an authority’s relevant basic amount of

council tax for the financial year beginning with 1 April 2014 would

have been excessive if that amount for that year and for the

immediately preceding financial year had been determined under

that section as so amended, or

(c)
on the basis set out in paragraph (a) and on the basis set out in

paragraph (b).

(20)
In subsection (3)(b) of section 52ZC the reference to an authority’s relevant

basic amount of council tax for the financial year immediately preceding

the year under consideration is to the amount that would have been

calculated by the authority for that year under section 52ZX of the Local

Government Finance Act 1992 if the amendments made to it by this section

had been in force for that year.”
After Clause 39
30
Insert the following new Clause—

“Parish meetings: parish polls

(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.

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      (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”.”
Clause 40
31
Page 27, line 29, at end insert—

“(fa)
regulations under section (Appointment of auditor by specified person)

(appointment of auditor by specified person),”
32
Page 27, line 30, at end insert—

“( )
regulations under section (Access to local government meetings and

documents) which amend or repeal any provision of an Act,”
Clause 41
33
Page 28, line 44, leave out from ‘auditor”’ to end of line 45 and insert “has the

meaning given by section 4(1)(b);”
34
Page 29, line 4, at end insert—

““parish meeting” means a parish meeting of a parish which does not

have a separate parish council;”
35
Page 29, line 21, at end insert—

“(2A)
References in this Act to provision made under it include provision made

under Part 42 of the Companies Act 2006 as it has effect by virtue of

Schedule 5.”
36
Page 29, line 48, at end insert—

“(7A)
Any function conferred or imposed on a parish meeting under or by virtue

of this Act, other than a function expressly conferred on the parish meeting

itself, is exercisable by the chairman of the parish meeting acting on behalf

of the authority.”