Amendments proposed to the Local Government Bill [Lords] - continued House of Commons

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Election as elected mayor and councillor

   

Hilary Armstrong

NC14

To move the following Clause:—

    '.—(1) If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy shall arise in the office of councillor.

    (2) If the person who is returned at an election ("the mayoral election") as the elected mayor of a local authority—

      (a) is a councillor of the authority, and

      (b) was returned as such a councillor at an election held at an earlier time than the mayoral election,

    a vacancy shall arise in the office of councillor.

    (3) Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority.

    (4) A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if he is a candidate in both such elections and he is returned both as the elected mayor and as a councillor.'.


Access to information etc.

   

Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton

NC1

To move the following Clause:—

    '.—(1) Any decision made in connection with the discharge of functions which are the responsibility of executives shall for the purposes of this section be known as an executive decision.

    (2) Any person or body of persons making an executive decision shall be treated as a committee of a principal council for the purposes of Part VA of the Local Government Act 1972 (access to meetings and documents).

    (3) A written record of each executive decision shall be publicly available no later than the next working day following the date of the decision.

    (4) No executive decision shall be implemented earlier than five working days from the date of the decision, unless the authority's monitoring officer certifies that the matter is sufficiently urgent to require earlier implementation, and in such case the decision shall not be implemented earlier than the second working day following the date of the decision.'.


Procedure on decision making by local authority executives

   

Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton

NC3

To move the following Clause:—

    '(1) This section makes provision in relation to the way in which, under executive arrangements, a local authority executive which takes the form specified in sections 11(2), 11(3) or 11(4) is to be responsible for the executive functions.

    (2) The proceedings, decisions, reports and documents of the executive shall be subject to the provisions of the Local Government (Access to Information) Act 1985.

    (3) No function may be discarged by an person or body unless an officer appointed by the Head of the Paid Service of the local authority is present to record the decision taken, the reasons for it, the identity of all persons present during the taking of the decision, the written advice of any officer, a summary of any oral advice tendered by an officer present, and the background papers relating to the decision.

    (4) No decision which would result in expenditure by the local authority may be taken otherwise that in accordance with a scheme approved by resolution of the local authority for the delegation to the executive of powers to authorise expenditure.

    (5) The Head of the Paid Service shall within seven days of the date of any decision of the executive provide each member of the local authority with notification of the decision and with the records pursuant to subsection (3) above and, if the conditions set out in subsection (6) are met, shall include in his notification to each member his certification that those conditions are met.

    (6) The conditions referred to in subsection (5) are that such decision satisfies the requirements of subsection (4) above and that implementation of the decision would not result in the authority incurring expenditure of more than £100,000.

    (7) In the absence of such certification as is referred to in subsection (5) above the decision shall not be implemented before the expiry of 14 days from the date of the notice to members pursuant to that subsection or before the date of the conclusion of any scrutiny proceedings resulting from the provisions of subsection (8), whichever is the later.

    (8) If, within 14 days of notification of any decision not accompanied by such certificate as is referred to in subsection (5), the Head of the Paid Service receives a written request signed by at least three members of the local authority he shall refer the decision for scrutiny in accordance with section 15'.


Appointment of non-executive members to overview committees

   

Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton

NC4

To move the following Clause:—

    'It shall be the duty of each local authority operating executive arrangements to provide opportunity to every member of the authority who is not a member of the executive to be appointed to at least one overview or scrutiny committee'.


Summonses for Committee meetings

   

Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton

NC5

To move the following Clause:—

    '. A member of an overview or scrutiny committee may request the Head of the Paid Service to issue, for the purpose of considering any specified matter within the responsibility of any committee of which he or she is a member, a summons for a meeting of any such committee and to place the matter on the agenda for that meeting, and on receipt of any such request in writing the Head of the Paid Service shall issue a summons for such meeting to be held within 14 days of such request.'.


Prior discussion by political groups

   

Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton

NC6

To move the following Clause:—

    '.—(1) No later than the commencement of the meeting of any overview or scrutiny committee, the leader of each political group with a least one member on the committee shall inform the Head of the Paid Service in writing whether or not any matter on the agenda has been the subject of prior discussion at any meeting of the relevant group or of part of it and of whether or not the judgement of any relevant member is likely to be constrained by the rules of the relevant group or political party.

    (2) In this subsection, "political group" and "leader" have the same meaning as in sections 15 and 16 of the Local Government and Housing Act 1989 and in regulations made under Schedule 1 to that Act.'.


Functions to be discharged only by authority

   

Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson

NC8

To move the following Clause:—

    '.—(1) Section 67 of the Local Government Finance Act 1992 is amended as follows.

    (2) In subsection (3), after "subsection (2)(c)" there is inserted "or (d)".'.


Decisions made by individuals—access to information

   

Mr Don Foster
Mr Adrian Sanders

NC15

*To move the following Clause:—

    '—(1) A decision shall not be taken by a decision taker unless public notice containing the details specified in subsection (2) has been given by him at least three clear days in advance of the date on which it is proposed to take the decision by posting it at the offices of the local authority and by making it available on the Internet site of the local authority.

      (b) The details referred to in subsection (1) are

          (a) the name of the individual taking the decision,

          (b) details of how he may be contacted,

          (c) a short description of the decision to be taken,

          (d) the date on which the decision is to be taken, and

          (e) a list of the reports and background papers relevant to the decision.

      (f) The provisions of Part VA of the Local Government Act 1972 shall apply to any report due to be considered by the decision taker in relation to the proposed decision and to any background papers used in preparing that report, as if the report were to be considered at a meeting of a principal council.

      (g) Nothing in subsection (1) shall prevent a decision being taken without giving such notice where by reason of special circumstances, which shall be specified in the written record of the decision, the decision taker is of the opinion that it should be taken as a matter of urgency.

      (h) In this section—

          "decision" means a decision made in connection with the discharge of functions which are the responsibility of a local authority executive;

          "decision taker" means

        (a) an individual member of a local authority executive, or

        (b) an officer of the authority discharging functions of the executive delegated to him.'.


   

Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton

48

Clause     88,     page     61,     line     15,     leave out 'pensions'.

   

Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton

53

Clause     88,     page     61,     line     23,     leave out subsection (4).

 
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