S.C.A.
Amendment Paper as at
Tuesday 16th 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.
Hilary Armstrong
115
Page 5, line 27, leave out Clause 9.
Hilary Armstrong
116
Clause 10, page 5, line 32, leave out 'which determines to adopt executive arrangements'.
Hilary Armstrong
117
Clause 11, page 5, line 40, leave out 'An' and insert 'The'.
Hilary Armstrong
118
Clause 11, page 5, line 40, leave out 'may' and insert 'must'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
22
Clause 11, page 6, line 16, leave out subsection (4).
Hilary Armstrong
119
Clause 11, page 6, line 22, leave out subsection (5).
Mr Don Foster
Mr Adrian Sanders
319
Clause 11, page 6, line 28, at end insert—
'Executive arrangements agreed by any local authority under subsection (5) must be submitted to, and approved by, the Audit Commission, to ensure that they meet the criteria in subsection (5)(a) to (c).'.
Mr Don Foster
Mr Adrian Sanders
320
Clause 11, page 6, line 28, at end insert—
'(5A) An executive arrangement under subsection (5), may
(a) consist of more than 10 elected members, including any directly elected members, and
(b) comprise one or more executive committees, but must not
(c) exceed one third of the total number of elected members.'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
18
Clause 11, page 6, line 31, leave out subsection (7).
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
24
Clause 11, page 6, line 32, leave out paragraph (a).
Hilary Armstrong
120
Clause 11, page 6, line 32, leave out 'each member of which is' and insert 'some or all of the members of which are'.
Hilary Armstrong
121
Clause 11, page 6, line 33, leave out 'of' and insert 'for'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
25
Clause 11, page 6, line 38, leave out '(a) or'.
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
241
Clause 11, page 6, line 39, leave out subsection (8).
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
26
Clause 11, page 6, line 40, at end insert—
'( ) The authority may determine the title to be used for the position of mayor elected under this Act'.
Mr Nigel Waterson
Sir Paul Berresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
80
Clause 11, page 6, line 42, leave out 10 and insert 'one-fifth of the number of members of the authority'.
Hilary Armstrong
122
Clause 12, page 7, line 10, at end insert—
'( ) Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of a local authority which is not specified in regulations under subsection (2) is to be the responsibility of an executive of the authority under executive arrangements.'.
Hilary Armstrong
123
Clause 12, page 7, line 22, leave out subsection (3).
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
295
Clause 12, page 7, line 24, at end insert—
'( ) Without prejudice to the foregoing, the following shall not be the responsibility of the executive:
(a) determination of the council's policy framework and budget;
(b) other constitutional and quasi-legislative functions;
(c) functions which involve either determining applications from individual persons for a licence, approval, consent, permission or registration or direct regulation of individual persons together with any related enforcement actions;
(d) functions involved in development control.'.
Mr Don Foster
Mr Adrian Sanders
324
Clause 12, page 7, line 24, at end insert—
'(3A) Special arrangements shall be made for the discharge of land use planning functions, the details of which shall be provided in regulations made by the Secretary of State.'
Hilary Armstrong
124
Clause 12, page 7, line 25, leave out 'may' and insert 'must'.
Hilary Armstrong
125
Clause 12, page 7, line 28, after 'authority' insert—
'( ) to be a function which is not to be the responsibility of such an executive,'.
Hilary Armstrong
126
Clause 12, page 8, line 31, at end insert—
'( ) Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
81
Clause 13, page 9, line 12, at end insert, 'or
(v) by a committee of the authority'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
82
Clause 14, page 9, line 42, at end insert, 'or
(v) a committee of the authority'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
54
Clause 14, page 10, leave out line 4.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
55
Clause 14, page 10, line 7, leave out 'another member' and insert 'other members'.
Hilary Armstrong
127
Clause 14, page 10, line 27, leave out second 'executive'.
Hilary Armstrong
128
Clause 15, page 10, line 39, leave out 'executive' and insert 'council manager'.
Hilary Armstrong
129
Clause 15, page 10, line 42, leave out 'council manager' and insert 'executive'.
Mr Nigel Waterson
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
Mr Tim Loughton
83
Clause 15, page 10, line 43, at end insert, 'or
(iii) by a committee of the authority'.
Hilary Armstrong
130
Clause 15, page 10, line 43, at end insert—
'( ) In deciding—
(a) whether or how to exercise any functions, or
(b) whether to arrange for any functions to be discharged by the executive or an officer of the authority,
the council manager must have regard to any advice given by the elected mayor.'.
Hilary Armstrong
131
Clause 15, page 10, line 45, leave out first 'council manager' and insert 'executive'.
Hilary Armstrong
132
Clause 15, page 10, line 45, leave out second 'council manager' and insert 'executive'.
Hilary Armstrong
133
Clause 15, page 11, line 1, leave out 'an executive or council manager' and insert 'a council manager or executive'.
Hilary Armstrong
134
Clause 15, page 11, line 2, leave out 'a council manager' and insert 'an executive'.
Hilary Armstrong
135
Clause 15, page 11, line 3, leave out 'executive or council manager' and insert 'council manager or executive'.
