S.C.B.
Amendment Paper as at
Tuesday 2nd February 1999
STANDING COMMITTEE B
LOCAL GOVERNMENT BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [26th January], as follows:
Clauses 1 to 22, new Clauses and new Schedules relating to Part I, Clause 23, Schedule 1, Clause 24, new Clauses and new Schedules relating to Part II, Clauses 25 to 27, Schedule 2, Clauses 28 and 29, remaining new Clauses and new Schedules.
Clause No. 4 (Performance indicators and standards.)
Amendment proposed, in page 3, line 32, to leave out the words 'by order specify' and to insert the words 'issue guidance concerning'—(Mr Adrian Sanders.)
Question proposed, That the Amendment be made.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
117
Clause 4, page 3, line 32, leave out 'by order specify—' and insert ', subject to the provisions in section 3, issue guidance to different best value authorities which shall comprise—'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
118
Clause 4, page 3, line 34, after 'measured', insert 'including, where appropriate, a range of performances expected to be attained by best value authorities'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
119
Clause 4, page 3, line 37, at end insert—
'(c) any duty to consult arising under this section.'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
120
Clause 4, page 3, leave out lines 38 to 41.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
76
Clause 4, page 3, line 38, leave out 'An order may specify' and insert 'Guidance may state'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
77
Clause 4, page 3, line 42, leave out 'specifying' and insert 'issuing guidance relating to'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
78
Clause 4, page 3, line 45, leave out from 'exercised,' to 'and' in line 46 and insert 'based on the principles of equity, equality, efficiency, effectiveness, sustainability and innovation.'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
79
Clause 4, page 4, line 1, after 'the' insert 'Local Government Association and the'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
27
Clause 4, page 4, line 2, after 'Commission', insert 'and representatives of best value authorities; and
(c) shall have regard to the views of persons or organisations defined in section 3(2).'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
121
Clause 4, page 4, line 3, leave out subsection (4).
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
122
Clause 4, page 4, line 4, at end add—
'(5) For the purposes of this section the Secretary of State shall consult with each best value authority on all matters taken into account for the purposes of subsection 4(2)(a) to (c) above.
(6) A best value authority shall comply with its duties under subsection 3(1) having regard to the guidance issued by the Secretary of State under section 3 above.
(7) A best value authority shall consult with the following in making any arrangements under section 3(1) (whether in accordance with the guidance of the Secretary of State or otherwise)—
(a) representatives of persons liable to pay any tax, precept or levy, to or in respect of the best value authority;
(b) representatives of persons liable to pay non-domestic rates in respect of any area within which the authority carries out functions;
(c) representatives of persons reasonably appearing to the authority (and on a non-partisan basis) to have an interest in any area within which the best value authority carries out functions;
(d) members of the authority (whether elected or otherwise);
(e) employees of the best value authority who are or may be affected by the arrangements;
(f) any other persons with whom the best value authority might reasonably be expected to consult.
(8) "Representatives" in relation to a group of persons means persons who reasonably appear to the authority to be representative of that group;
(9) In deciding on—
(a) the persons to be consulted, and
(b) the form, content and timing of such consultation
a best value authority must have regard to any guidance issued by the Secretary of State.'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
123
Clause 4, page 4, line 4, at end add—
'( ) The Secretary of State may in respect of different best value authorities (whether in respect of different functions or times)—
(a) issue guidance to different best value authorities generally or to one or more particular authorities;
(b) issue different guidance to different best value authorities, provided that the Secretary of State shall—
(i) consult with the authorities concerned, and
(ii) provide reasons for the guidance, and
(iii) arrange for the guidance to be published.'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
124
Clause 4, page 4, line 4, at end add—
'( ) The Secretary of State, in issuing any guidance, must have regard to the provisions of the EC public procurement and acquired directives, namely—
(a) 93/36/EEC Public Supply Contracts
(b) 92/50/EEC Public Services Contracts
(c) 93/37/EEC Public Works Contracts
(d) 93/38/EEC Utilities Supply and Works Contracts
(e) 98/50/EC Business Transfers
and any subsidiary legislation, whether implemented at EC or national level (in particular those regulations issued by the European Commission pursuant to Article 85 of the Treaty on European Union).'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
125
Clause 5, page 4, leave out lines 5 to 7.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
80
Clause 5, page 4, line 5, leave out 'must' and insert 'shall'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
140
Clause 5, page 4, line 5, after 'of', insert 'a proportion'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
141
Clause 5, page 4, line 6, after 'functions', insert 'in each financial year'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
81
Clause 5, page 4, line 6, leave out from 'functions' to 'under' and insert 'having regard to any guidance issued'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
142
Clause 5, page 4, line 8, leave out subsection (2) and insert—
'An authority shall—
(a) review all its functions within a period of not less than three years;
(b) review specified functions in specified financial years, and publish a timetable for its completion;
(c) arrange for reviews to be published.'.
Mr Paul Burstow
Mr Adrian Sanders
Mrs Jackie Ballard
28
Clause 5, page 4, line 8, leave out from 'may' to 'a', and insert 'issue guidance in consultation with representatives of best value authorities in relation to'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
6
Clause 5, page 4, line 8, after 'period', insert 'of not more than one year'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
7
Clause 5, page 4, line 8, after 'period', insert 'of not more than three years'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
8
Clause 5, page 4, line 8, after 'period', insert 'of not more than five years'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
126
Clause 5, page 4, line 9, leave out from 'functions' to end of line 18 on page 5.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
82
Clause 5, page 4, line 9, leave out 'an order' and insert 'guidance'.
