| Amendments proposed to the Local Government Bill [Lords] - continued | House of Commons |
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Hilary Armstrong 309 Clause 90, page 63, line 40, leave out subsection (4).
Mr Nigel Waterson 67 Clause 47, page 29, line 20, after 'newspapers' insert 'widely'.
Mr Nigel Waterson 40 Clause 48, page 30, line 9, at end insert 'subject to subsections (9) to (11)'.
Mr Nigel Waterson 41 Clause 48, page 30, line 22, at end insert 'subject to subsections (9) to (11)'.
Mr Nigel Waterson 42 Clause 48, page 30, line 35, at end insert 'subject to subsections (9) to (11)'.
Mr Nigel Waterson 43 Clause 48, page 31, line 2, at end insert—'(9) A member or co-opted member required to vacate his office under subsection 2(b), 4(b) or 6(b) may appeal to the Standards Board for England for a decision that he may remain in office on the grounds that any of the following are in his case unreasonable or oppressive:
(10) A member or co-opted member appealing under subsection (9) shall remain in office until his appeal has been determined by the relevant Standards Board, who shall give written reasons for their decision. (11) If his appeal is rejected the member or co-opted member shall vacate his office on the day following the issue of such decision; if his appeal is upheld his office shall not become vacant under this section.'.
Mr Nigel Waterson 68 Clause 49, page 31, line 19, leave out 'executive leader, and insert 'member of the executive'.
Mr Nigel Waterson 69 Clause 49, page 31, leave out line 20.
Mr Nigel Waterson 44 Clause 49, page 31, line 20, at end insert ', and(c) in the case of an authority operating executive arrangements may not have a majority of its members composed of members of the executive.'.
Mr Nigel Waterson 45 Clause 54, page 35, line 42, at end insert—'(3) Where the Standards Board for England decides that any allegation made under this section shall not be investigated, it shall give its reasons in writing.'.
Mr Nigel Waterson 46 Clause 56, page 36, line 38, at end insert ', or to a former member or co-opted member'.
Mr Nigel Waterson 47 Clause 56, page 36, line 39, leave out ', within the period of five years ending with that time.'.
Mr Nigel Waterson 70 Clause 63, page 42, line 9, leave out 'may' and insert 'must'.
Mr Nigel Waterson 71 Clause 63, page 42, line 12, leave out 'may' and insert 'must'.
NEW CLAUSES RELATING TO PART IIIRestitution order
Mr Nigel Waterson NC2 To move the following Clause:—'Where matters considered by an interim tribunal or a case tribunal are or become the subject of criminal proceedings in a court, it shall be open to that court, in considering any penalty resulting from verdict of guilty, to apply a requirement, as part of any penalty, that a restitution order be made so that any loss to the local taxpayer is repaid.'.
Payments in maladministration cases
Mr Nigel Waterson NC11 To move the following Clause:—'( )(1) The Local Government Act 1974 is amended as follows. (2) In section 31(3)(a), the words from "a report is laid" to "the report" where those words appear for the first time in paragraph (b) are omitted. (3) In section 31(3)(b) the words "to which the report relates" are omitted. (4) After section 31A (Consideration of adverse reports by Local Commissioner) the following section is inserted— "Local authorities: further powers to incur expenditure". 31AA—(1) This section applies where a complaint has been made under this Part of this Act in respect of a local authority. (2) In any case where, on consideration of the complaint, it appears to any local authority that a payment should be made to, or some other benefit should be provided for, a person who they believe has suffered injustice in consequence of maladministration, the authority may incur such expenditure as appears to them to be appropriate in making such a payment or providing such a benefit. (3) The power to incur expenditure under this section is in addition to the power to incur expenditure under section 31A above.".'.
Mr Nigel Waterson 21 Clause 80, page 56, line 4, at end add—'(8) No order may be made under this section unless the Secretary of State has consulted the particular authority or authorities concerned in the order and has obtained their agreement to the scheme to be made in the order.'.
Mr Nigel Waterson 114 Clause 80, page 56, line 4, at end add—'(8) An order may not be made unless the specified council has had the opportunity to take reasonable steps to consult local government electors and other interested persons in the council's area about options for the scheme for elections. (9) Where a specified council has consulted, they shall send a report to the Secretary of State describing—
Hilary Armstrong 203 Clause 92, page 64, line 16, leave out paragraph (b).
Hilary Armstrong 204 Clause 92, page 64, line 20, at end insert—'(2A) The provision which may be made under subsection (2) includes provision modifying any enactment (whenever passed or made).'.
Hilary Armstrong 205 Clause 92, page 64, line 21, leave out '(2)(b)' and insert '(2A)'.
Hilary Armstrong 206 Clause 92, page 64, line 21, leave out 'enactments' and insert 'an enactment'.
Hilary Armstrong 207 Clause 92, page 64, line 22, leave out 'enactments' and insert 'that enactment'.
Hilary Armstrong 208 Clause 92, page 64, line 23, leave out 'enactments' and insert 'that enactment'.
Hilary Armstrong 209 Clause 92, page 64, line 24, leave out 'enactments' and insert 'that enactment'.
Hilary Armstrong 310 Schedule 4, page 74, line 25, at end insert—
'Children and Young Persons Act 1933 (c. 12) . In section 34A of the Children and Young Persons Act 1933 (attendance at court of parent or guardian), in subsection (2)(b) for the words "stand referred to their social services committee under" there is substituted "are social services functions within the meaning of".. In section 55 of that Act (power to order parent or guardian to pay fine etc), in subsection (5)(b) for the words "stand referred to their social services committee under" there is substituted "are social services functions within the meaning of".'.
Hilary Armstrong 311 Schedule 4, page 74, line 26, at end insert—'. In section 2 of the Local Authority Social Services Act 1970 (local authority to establish social services committees)—
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