NOTICES OF AMENDMENTS
given up to and including
Friday 19th March 1999
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
LOCAL GOVERNMENT BILL
NOTE
The Amendments have been arranged in accordance with the Order to be proposed by Mr Secretary Prescott.
Mr Secretary Prescott
To move, That the Local Government Bill, as amended, be considered in the following order: New Clauses and New Schedules relating to Part I, amendments relating to Part I, New Clauses and New Schedules relating to Part II, amendments relating to Clause 28, amendments relating to Schedule 1, amendments relating to Clause 29, New Clauses and New Schedules relating to Part III, amendments relating to Part III.
NEW CLAUSES RELATING TO PART I
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.'.
Requirement for overriding order
Mrs Gillian Shephard
Mr Richard Ottaway
Mr Simon Burns
Mr Nigel Waterson
Mr Bernard Jenkin
Mrs Caroline Spelman
NC5
*To move the following Clause:—
'(1) In the event of the Secretary of State's powers under sections 5 (2), 5 (4), 6 (2), 7 (4b), 7 (4c), 7 (4e), 7 (4f), 7 (5c), 9 (5), 10 (2), 10 (3) and 14 of this Act not being exercised in respect of a particular best value authority within any period of three years after the coming into effect of this Act shall only be exercised in respect of that authority subject to an overriding order under this section.
'(2) No such order shall be made under this section unless a draft has been laid before, and approved by resolution, of each House of Parliament.
(3) Such an overiding order shall itself expire if at any time a period of 3 years has elapsed during which none of the Secretary of State's powers specified in subjection (1) have been exercised.'.
Mrs Gillian Shephard
Mr Richard Ottaway
Mr Simon Burns
Mr Nigel Waterson
Mr Bernard Jenkin
Mrs Caroline Spelman
54
*Page 1, line 8 [Clause 1], at beginning insert 'Subject to subsection (4A) below'.
Mr Eric Forth
26
*Page 2, line 4 [Clause 1], leave out from 'Authority' to end of line 5.
Mrs Gillian Shephard
Mr Richard Ottaway
Mr Simon Burns
Mr Nigel Waterson
Mr Bernard Jenkin
Mrs Caroline Spelman
55
*Page 2, line 12 [Clause 1], at end insert—
'(4A) This section shall not apply to police authorities in respect of their oversight of any of the following police functions:
(a) any issues relating to national security;
(b) any relating to any matter whose public disclosure might compromise current or future police operations;
(c) any which is a statutory duty of police forces;
(d) the provision of any support service that may be specified by order of the Secretary of State.'.
Mr Eric Forth
27
*Page 2, line 44 [Clause 2], at end insert—
'(5A) The Secretary of State shall consult with—
(a) the authority or body concerned, and
(b) all other relevant bodies
before making an order within this provision.'.
Mrs Gillian Shephard
Mr Richard Ottaway
Mr Simon Burns
Mr Nigel Waterson
Mr Bernard Jenkin
Mrs Caroline Spelman
56
*Page 3, line 4 [Clause 3], after 'secure', insert 'and measure'.
Mrs Gillian Shephard
Mr Richard Ottaway
Mr Simon Burns
Mr Nigel Waterson
Mr Bernard Jenkin
Mrs Caroline Spelman
