S.C.B.
Amendment Paper as at
Tuesday 16th 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.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
210
Clause 15, page 11, line 12, at the beginning insert—
'(00) The Secretary of State shall only make any order under section 14 upon an application from a best value authority containing a justification of the need for a new power, which shall have regard to the duties on a best value authority pursuant to section 3(1).'
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
211
Clause 15, page 11, line 14, at end insert—
'(1A) Before the Secretary of State makes an order under section 14 he shall obtain an assessment from the Audit Commission of the impact on any business of the order he proposes to make, including—
(a) any trading advantage that may be obtained by a best value authority or any trading entity with which it may be associated; and
(b) the benefits of such a proposal in accordance with section 3(1).'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
212
Clause 15, page 11, line 18, leave out 'and'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
213
Clause 15, page 11, line 19, at end insert '; and
(c) including a copy of the application received by him under subsection (00) above, and
(d) including a copy of the assessment provided by the Audit Commission under subsection (1A) above.'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
214
Clause 15, page 11, line 24, at end insert—
'(3A) Where an order under section 14 makes different provision for different cases, the period of sixty days under subsection (3) above shall commence only after it has been the subject of a hearing of a committee of both Houses of Parliament.'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
225
Clause 15, page 11, line 38, at end add—
'(7) No order shall be made under this section unless a draft has been laid before, and approved by, the House of Commons Select Committee on the Environment, Transport and Regional Affairs.'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
215
Clause 16, page 12, line 6, at end add—
'(3) No order of the kind mentioned in subsection (2) above shall be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
226
Clause 17, page 12, line 7, at beginning insert—
'( ) If an authority considers that a non-commercial matter for the purposes of section 17 of the Local Government Act 1988 (local and other public authority contracts: exclusion of non-commercial considerations) prevents or obstructs compliance with the requirements of this Part, the Secretary of State shall lay before each House of Parliament a document setting out his proposals on the specified matter.'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
216
Clause 17, page 12, line 11, at end insert 'provided that the effects of such a provision are objectively justified in accordance with the duties on a best value authority pursuant to section 3(1)'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
217
Clause 17, page 12, line 11, at end insert—
'(1A) The Secretary of State shall only make any order under this section upon an application from a best value authority containing a justification of the need for a new power, which shall have regard to the duties on a best value authority pursuant to section 3(1).'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
218
Clause 17, page 12, line 11, at end insert—
'(1B) Before the Secretary of State makes an order under this section he shall obtain an assessment from the Audit Commission of the impact on any business of the order he proposes to make, including:
(a) any trading advantage that may be obtained by a best value authority or any trading entity with which it may be associated; and
(b) the benefits of such a proposal in accordance with section 3(1).'.
Hilary Armstrong
63
Clause 17, page 12, line 12, leave out 'subsection (1)' and insert 'this section'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
227
Clause 17, page 12, line 14, at end insert—
'(bb) provide that authorities shall have regard to specified matters;'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
228
Clause 17, page 12, line 16, at end insert—
'(d) include matters relating to equity and sustainability.'.
Hilary Armstrong
64
Clause 17, page 12, line 17, leave out 'subsection (1)' and insert 'this section'.
Hilary Armstrong
65
Clause 17, page 12, line 18, at end add—
'() In exercising a function regulated by section 17 of the Local Government Act 1988 with reference to a matter which is, by virtue of an order under this section, not a non-commercial matter, a best value authority shall 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
13
Page 12, line 7, leave out Clause 17.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
219
Clause 18, page 12, line 20, leave out '2nd January 2000' and insert 'the date on which any provision of this Part comes into force'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
229
Clause 18, page 12, line 20, leave out '2nd January 2000' and insert '30th September 1999'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
14
Clause 18, page 12, line 21, leave out '2nd January 2000' and insert 'the day before the relevant provisions of this Act come into force'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
231
Clause 18, page 12, line 24, at end insert—
'(bb) section 28 of the Local Government Act 1988;'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
15
Clause 18, page 12, leave out lines 31 to 33.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
230
Clause 18, page 12, line 31, leave out '2nd January 2000' and insert '30th September 1999'.
Hilary Armstrong
66
Clause 18, page 12, leave out from line 38 to line 1 on page 13.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
98
Clause 18, page 12, leave out line 43 and insert 'representatives of such authorities.'.
Hilary Armstrong
67
Clause 19, page 13, line 2, leave out 'Part' and insert 'Act'.
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
220
Clause 20, page 13, line 31, leave out subsection (4).
Mr Bernard Jenkin
Mrs Caroline Spelman
Sir Paul Beresford
Mr David Curry
Mr John Hayes
Mr Owen Paterson
221
Clause 21, page 13, line 37, leave out from 'shall' to end of line 38 and insert 'not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament'.
Mr Paul Burstow
Mr Adrian Sanders
Jackie Ballard
232
Clause 22, page 14, line 1, after '(b)', insert 'in'.
