NOTICES OF AMENDMENTS
given up to and including
Thursday 18th March 1999
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
LOCAL GOVERNMENT BILL
NEW CLAUSES
Coordination of inspections, &c.
Mr Secretary Prescott
NC4
*To move the following Clause:—
'.—(1) In arranging for or carrying out—
(a) inspections of best value authorities, or
(b) inquiries or investigations in relation to best value authorities,
a person or body to whom this section applies shall have regard to any guidance issued by the Secretary of State for the purposes of securing the coordination of different kinds of inspection, inquiry and investigation.
(2) This section applies to—
(a) the Audit Commission;
(b) an inspector, assistant inspector or other officer appointed under section 24(1) of the Fire Services Act 1947 (inspectors of fire brigades);
(c) Her Majesty's Chief Inspector of Schools in England;
(d) Her Majesty's Chief Inspector of Schools in Wales;
(e) a person carrying out an inquiry under section 7C of the Local Authority Social Services Act 1970 (inquiries);
(f) a person carrying out an inspection under section 48 of the National Health Service and Community Care Act 1990 (inspection of premises used for provision of community care services);
(g) a person conducting an inspection under section 80 of the Children Act 1989 (inspection of children's homes, &c.) or an inquiry under section 81 of that Act (inquiries in relation to children);
(h) a person authorised under section 139A(1) of the Social Security Administration Act 1992 (reports on administration of housing benefit and council tax benefit);
(i) an inspector appointed under section 54 of the Police Act 1996 (inspectors of constabulary).
(3) The Secretary of State may by order provide for this section to apply to a person or body specified in the order.'.
Local Government (Finance) Act 1992
Mr Paul Burstow
Jackie Ballard
Mr Adrian Sanders
Mr Richard Livsey
NC1
To move the following Clause:—
'Sections 32, 33, 43 and 44 of the Local Government (Finance) Act 1992 shall not apply for the purposes of Part II of this Act.'.
Limitation of precepts
Mr Paul Burstow
Jackie Ballard
Mr Adrian Sanders
Mr Richard Livsey
NC2
To move the following Clause:—
'.—(1) Chapter IVA of the Local Government Finance Act 1992 (limitation of council tax and precepts), as inserted by Schedule 1 to the Local Government Act 1999, shall cease to apply.'.
General duty: sustainable development
Mr Paul Burstow
Jackie Ballard
Mr Adrian Sanders
Mr Richard Livsey
NC3
*To move the following Clause:—
'1. A best value authority shall promote the economic, social and environmental well-being of its area;
2. In fulfilling the duty arising under subsection (1) an authority shall:
(a) prepare a sustainable development plan for its area setting out how it proposes, in the exercise of all its local authority functions, to promote the economic, social and environmental well-being of its area;
(b) publish the plan when it is first made, and whenever it is revised;
(c) review the plan and consider whether it should be remade or revised in respect of its short-term, medium-term or long-term aims.
3. In preparing a plan under subsection (2)(a) an authority shall provide clear and explicit linkages between it and:
(a) any structure plan, local plan, unitary development plan, or spatial development plan;
(b) any economic development plan;
(c) any local transport plan;
(d) any local waste plan;
(e) any health development plan;
(f) any local air quality strategy;
(g) any Local Agenda 21 strategy;
(h) any local biodiversity action plan;
(i) any other plan the local authority may think appropriate;
which has been prepared by or on behalf of the authority or whose operation includes the authority's area.
4. A sustainable development plan under subsection (2)(a) shall include indicators by which progress towards sustainable development through the implementation of the plan can be assessed and detail a system of monitoring such indicators.
5. An authority shall prepare and publish an annual sustainability statement showing performance in its area measured against the indicators under subsection (4).
6. A review under subsection (2)(c) shall be published within three years of the publication of the plan.
7. After each financial year an authority shall publish a report of how its proposals as set out in the plan were implemented and of how effective its proposals have been in promoting the economic, social and environmental well-being of its area in that financial year.'.
Mr Secretary Prescott
6
Page 3, line 34 [Clause 4], at end insert—
'( ) Before specifying performance indicators or standards the Secretary of State shall consult such persons as he thinks fit.'.
Mr Secretary Prescott
16
*Page 7, line 40 [Clause 9], leave out 'as soon as practicable'.
Mr Secretary Prescott
17
*Page 7, line 42 [Clause 9], at end insert—
'( ) A statement required by subsection (3) shall be prepared—
(a) before the end of the period of 30 working days starting with the day on which the authority receives the report, or
(b) if the report specifies a shorter period starting with that day, before the end of that period.'.
Mr Secretary Prescott
18
*Page 8, line 5 [Clause 9], leave out 'as soon as practicable' and insert—
'(a) before the end of the period of 30 working days starting with the day on which the authority receives the report, or
(b) if the report specifies a shorter period starting with that day, before the end of that period.
( ) For the purposes of this section a working day is a day other than—
(a) a Saturday or a Sunday,
(b) Christmas Day or Good Friday, or
(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.'.
Mr Secretary Prescott
7
Page 9, line 26 [Clause 13], at end insert ', and—
(b) may publish a report and any information in respect of a report.'.
Mr Paul Burstow
Jackie Ballard
Mr Adrian Sanders
Mr Richard Livsey
5
Page 10 [Clause 14], leave out lines 33 to 43 and insert—
'(8) No direction under this section shall be given unless a resolution in support has been approved by the Select Committee on the Environment, Transport and Regional Affairs.'.
Mr Paul Burstow
Jackie Ballard
Mr Adrian Sanders
Mr Richard Livsey
13
Page 10 [Clause 14], leave out lines 33 to 43 and insert—
'(8) No direction under this section shall be given unless a resolution in support has been approved by the Select Committee of the Environment, Transport and Regional Affairs.'.
Mr Secretary Prescott
8
Page 12, line 17 [Clause 18], at end insert—
'( ) provide for a matter to cease to be a non-commercial matter for specified purposes or to a specified extent;'.
Mr Secretary Prescott
9
Page 12, line 25 [Clause 18], leave out ', by virtue of an order under this section, not a non-commercial matter,' and insert 'the subject of an order under this section'.
Mr Paul Burstow
Jackie Ballard
Mr Adrian Sanders
Mr Richard Livsey
3
Page 12, line 34 [Clause 20], leave out '2nd January 2000' and insert '1st October 1999'.
Mr Paul Burstow
Jackie Ballard
Mr Adrian Sanders
Mr Richard Livsey
4
Page 13, line 3 [Clause 20], leave out '2nd January 2000' and insert '1st October 1999'.
Mr Secretary Prescott
19
*Page 13, line 12 [Clause 21], at end insert—
'( ) The Audit Commission may delegate any of its functions under this Part to—
(a) a committee or sub-committee established by the Commission (including a committee or sub-committee including persons who are not members of the Commission), or
(b) an officer or servant of the Commission.'.
Mr Secretary Prescott
20
*Page 13, line 29 [Clause 21], at end insert—
'( ) After section 75(1)(e) of the Housing Associations Act 1985 (Housing Corporation and, in relation to Wales, Secretary of State: general functions) there shall be added—
"(f) to provide on request, to such extent as the Relevant Authority considers appropriate, advice and assistance to the Audit Commission for Local Authorities and the National Health Service in England and Wales in relation to the Commission's functions under Part I of the Local Government Act 1999 (best value)."
( ) The Audit Commission may make payments to the Housing Corporation or the Secretary of State in respect of advice and assistance provided under section 75(1)(f) of the Housing Associations Act 1985.'.
