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Local Government Bill [H.L.]

This is the text of the Local Government Bill [H.L.], as passed by the House of Lords and introduced in the House of Commons on 13th March 2000.

 
EXPLANATORY NOTES

Explanatory Notes to the Bill, prepared by the Department of Environment, Transport and the Regions and the Office of the Secretary of State for Wales, will be published separately as Bill 87- EN. Bill 87- EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Prescott has made the following statement under section 19(1)(b) of the Human Rights Act 1998:

I am unable to make a statement that in my view the provisions of the Local Government Bill are compatible with the Convention rights but the Government nevertheless wishes the House to proceed with the Local Government Bill.

 
  
Local Government Bill [H.L.]
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
PROMOTION OF ECONOMIC, SOCIAL OR ENVIRONMENTAL WELL-BEING ETC
Interpretation
Clause 
1.Meaning of "local authority" in Part I.

Promotion of well-being
2.Promotion of well-being.
3.Limits on power to promote well-being.
4.Strategies for promoting well-being.
5.Power to amend or repeal enactments.

Modification of certain enactments
6.Power to modify enactments concerning plans etc.
7.Modification of section 137 of the 1972 Act.

Procedure for orders under section 5 or 6
8.Procedure for orders under section 5 or 6.

PART II
ARRANGEMENTS WITH RESPECT TO EXECUTIVES
Executive arrangements
9.Local authority to decide whether to introduce executive arrangements.
10.Executive arrangements.

Local authority executives
11.Local authority executives.

Executive functions
12.Functions which are the responsibility of an executive.

Provisions with respect to executive arrangements
13.Discharge of functions: mayor and cabinet executive.
14.Discharge of functions: leader and cabinet executive.
15.Discharge of functions: mayor and council manager executive.
16.Discharge of functions: s. 11(6) executive.
17.Discharge of functions by area committees.
18.Discharge of functions of and by another local authority.
19.Joint exercise of functions.
20.Overview and scrutiny committees.
21.Access to information etc.
22.Further provision.
23.Absence of requirement for political balance.

Procedure with respect to operation of executive arrangements
24.Proposals.
25.Proposals not requiring referendum.
26.Referendum in case of proposals involving elected mayor.
27.Operation of, and publicity for, executive arrangements.

Different and alternative arrangements
28.Operation of different executive arrangements.
29.Alternative arrangements.
30.Operation of alternative arrangements.

Referendums
31.Referendum following petition.
32.Power of Secretary of State to require referendum.
33.Power to require referendum.

Local authority constitution
34.Information with respect to discharge of functions etc.

Guidance
35.Guidance.

Elected mayors etc.
36.Elected mayors etc.
37.Time of elections etc.
38.Voting at elections of elected mayors.
39.Entitlement to vote.
40.Power to make provision about elections.

Provisions with respect to referendums
41.Provisions with respect to referendums.

Power to make further provision
42.Power to make incidental, consequential provision etc.
43.Power to modify enactments.

Interpretation
44.Interpretation of Part II.

PART III
CONDUCT OF LOCAL GOVERNMENT MEMBERS AND EMPLOYEES
CHAPTER I
CONDUCT OF MEMBERS
Standards of conduct
45.Principles governing conduct of members of relevant authorities.
46.Model code of conduct.
47.Duty of relevant authorities to adopt codes of conduct.
48.Duty to comply with code of conduct.

Standards committees
49.Standards committees.
50.Functions of standards committees.
51.Standards committees or sub-committees for parish councils.
52.Standards committees or sub-committees for community councils.

CHAPTER II
INVESTIGATIONS ETC: ENGLAND
Standards Board for England
53.Standards Board for England.
54.Written allegations.

Functions of ethical standards officers
55.Functions of ethical standards officers.

Investigations
56.Conduct of investigations.
57.Procedure in respect of investigations.
58.Investigations: further provisions.
59.Restrictions on disclosure of information.

Reports etc.
60.Reports etc.
61.Interim reports.

References to monitoring officers
62.Matters referred to monitoring officers.

CHAPTER III
INVESTIGATIONS ETC: WALES
Local Commissioner and Commission for Local Administration in Wales
63.Local Commissioner and Commission for Local Administration in Wales.

Investigations
64.Investigations by Local Commissioner in Wales.
65.Investigations: further provisions.

Reports etc.
66.Reports etc.
67.Interim reports.

References to monitoring officers
68.Matters referred to monitoring officers.

CHAPTER IV
ADJUDICATIONS
Adjudication Panels
69.Adjudication Panels.

Case tribunals
70.Case tribunals.

Adjudications
71.Adjudications by case tribunals.
72.Decisions of interim case tribunals.
73.Decisions of case tribunals.
74.Recommendations by case tribunals.

CHAPTER V
SUPPLEMENTARY
Disclosure and registration of members' interests etc.
75.Disclosure and registration of members' interests etc.

Code of conduct for local government employees
76.Code of conduct for local government employees.

Interpretation
77.Interpretation of Part III.

PART IV
ELECTIONS
78.Meaning of "local authority" and "principal council" in Part IV.
79.Options for elections.
80.Power to specify a scheme for elections.
81.Power to change years in which elections held.
82.Separate power to make incidental provisions etc.
83.Consequential electoral changes.

PART V
MISCELLANEOUS
Surcharge etc.
84.Surcharge etc.
85.Advisory notices.

Welfare services
86.Grants for welfare services.
87.Housing benefit.

Allowances and pensions
88.Allowances and pensions for certain local authority members.
89.Power to make provision about allowances.

Social services functions
90.Social services functions.

Prohibition on promotion of homosexuality: bullying
91.Prohibition on promotion of homosexuality: bullying.

PART VI
SUPPLEMENTAL
92.Orders and regulations.
93.Wales.
94.Minor and consequential amendments and repeals.
95.Commencement.
96.Short title and extent.
 

SCHEDULES:
    Schedule 1-Executive arrangements: further provision.
    Schedule 2-Election of elected mayor.
    Schedule 3-Standards Board for England.
    Schedule 4-Minor and Consequential Amendments.
    Schedule 5-Repeals.
 

 
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Prepared 14 March 2000