S.C.A.
Amendment Paper as at
Thursday 11th May 2000
STANDING COMMITTEE A
New Amendments handed in are marked thus *
LOCAL GOVERNMENT BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [2nd May], as follows:
Clauses 1 to 8, new Clauses relating to Part I, new Schedules so relating, Clauses 9 to 22, Schedule 1, Clauses 23 to 38, Schedule 2, Clauses 39 to 44, new Clauses relating to Part II, new Schedules so relating, Clauses 88 to 90, Clauses 45 to 52, Clause 75, Clause 53, Schedule 3, Clauses 54 to 74, Clauses 76 and 77, new Clauses relating to Part III, new Schedules so relating, Clauses 84 and 85, Clauses 78 to 83, new Clauses relating to Part IV, new Schedules so relating, Clauses 86 and 87, Clauses 91 to 94, Schedules 4 and 5, Clauses 95 and 96, remaining new Clauses, remaining new Schedules.
Mr Don Foster
Mr Adrian Sanders
95
Clause 3, page 2, line 30, at the beginning insert 'Subject to section 2(4)(g),'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
3
Clause 3, page 2, line 30, leave out subsection 2, and insert—
'( ) The expenditure of a local authority under this Part in any financial year shall not exceed the amount obtained by applying the relevant provisions of subsections (4), (4AA), (4AB), (4A), (4B) and (4C) of section 137 of the Local Government Act 1972.
( ) All expenditure under this Part shall be subject to the accounting and inspection requirements set out in subsection (7) of section 137 of the Local Government Act 1972.'.
Mr Don Foster
Mr Adrian Sanders
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
90
Clause 3, page 2, line 30, leave out subsection (2).
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
74
Clause 3, page 2, line 43, leave out 'as he considers appropriate' and insert 'and justify his subsequent decision to them.'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
9
Clause 3, page 2, line 43, at end insert—
'( ) Any guidance issued under this section shall be regarded as advisory only'.
Hilary Armstrong
100
Clause 4, page 3, line 6, leave out 'is to have power to' and insert 'must'.
Mr Don Foster
Mr Adrian Sanders
91
Clause 4, page 3, line 6, leave out 'is to have power to' and insert 'shall'.
Mr Don Foster
Mr Adrian Sanders
108
Clause 4, page 3, line 6, after 'prepare', insert 'and keep under review'.
Hilary Armstrong
101
Clause 4, page 3, line 6, after 'strategy' insert '(referred to in this section as a community strategy)'.
Mr Don Foster
Mr Adrian Sanders
97
Clause 4, page 3, leave out line 7 and insert 'the sustainable development.'.
Hilary Armstrong
102
Clause 4, page 3, line 8, at end insert 'and contributing to the achievement of sustainable development in the United Kingdom.
( ) A local authority may from time to time modify their community strategy.'.
Mr Don Foster
Mr Adrian Sanders
109
Clause 4, page 3, line 8, at end insert—
'( ) Each local authority shall publish a report in each year containing—
(a) a statement of how its proposals as set out in the strategy were implemented in the year that is the subject of the report, and
(b) an assessment of how effective its proposals (as set out in the strategy and implemented) have been in achieving sustainable development.'.
Hilary Armstrong
103
Clause 4, page 3, line 9, leave out 'any strategy under this section' and insert 'or modifying their community strategy'.
Hilary Armstrong
104
Clause 4, page 3, line 10, leave out 'may consult or' and insert 'must consult and'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
10
Clause 4, page 3, line 10, leave out 'may' and insert 'must'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
75
Clause 4, page 3, line 10, after 'persons' insert 'and partnerships'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
76
Clause 4, page 3, line 10, leave out 'they consider'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
11
Clause 4, page 3, line 12, leave out 'must' and insert 'may'.
Mr Don Foster
Mr Adrian Sanders
92
Clause 4, page 3, line 13, at end insert—
'(2A) All local non-departmental public bodies shall have regard to the strategy in their area produced under subsection 1 above'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
77
Clause 4, page 3, line 16, leave out 'as he considers appropriate' and insert 'and justify his Directive to them'.
Hilary Armstrong
105
Clause 4, page 3, line 16, at end insert—
'( ) In its application to Wales, this section has effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.'.
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
112
Clause 4, page 3, line 16, at end insert—
'(4) A local authority may require other public bodies, whether statutory or voluntary, in its area to comply with and to participate in its strategy for promoting or improving the economic social or environmental wellbeing of their area.'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
13
Clause 5, page 3, line 17, at beginning insert—
'( ) A local authority may apply to the Secretary of State to amend, repeal, revoke, or disapply an enactment (whenever passed or made) which it considers prevents or obstructs it from exercising its power under section 2(1)'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
14
Clause 5, page 3, line 17, after 'thinks', insert ', whether or not on the application of a local authority,'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
12
Clause 5, page 3, line 20, at end insert—
'( ) Before exercising the power under subsection (1) the Secretary of State shall consult representatives of local government and such persons as he feels appropriate.'.
Mr Don Foster
Mr Adrian Sanders
98
Clause 5, page 3, line 26, at end insert—
'( ) A local authority may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to that authority in accordance with those proposals.
( ) The Secretary of State may by regulations make provision for or in connection with the submission of an application by a local authority under subsection ( ) above.
( ) Regulations under this section may include provision—
(a) for the information required in any application,
(b) for a local authority to show it has the capacity to give effect to the proposals,
(c) for proposals to be submitted jointly by more than one authority,
(d) for a timetable for consideration of proposals, and
(e) for reasons to be given when an application is unsuccessful.'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
15
Clause 6, page 3, line 38, leave out 'Subject to subsection(3)'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
17
Clause 6, page 4, line 4, at end insert—
'( ) A local authority may apply to the Secretary of State to amend, repeal or disapply any enactment (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter.'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
16
Clause 6, page 4, line 5, leave out subsection (3).
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
78
Clause 6, page 4, line 10, at end insert—
'(c) upon application and justification by a particular authority'.
