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

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Hilary Armstrong

312

Schedule     4,     page     74,     line     27,     leave out 'the Local Authority Social Services Act 1970' and insert 'that Act'.

   

Hilary Armstrong

313

Schedule     4,     page     74,     line     30,     leave out from 'subsection' to end of line 31 and insert '(3), for "2(2)" there is substituted "1A".'.

   

Hilary Armstrong

314

Schedule     4,     page     74,     line     33,     leave out 'inserted "6(6A)"' and insert 'substituted "1A".

    . In Schedule 1 to that Act (enactments conferring functions assigned to social services committees) after the entry relating to the Housing Act 1985 there is inserted—

     

"Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

     

     

Sections 1 to 5, 7 and 8 except in so far as they assign functions to a local authority in their capacity as a local education authority.

     

Representation and assessment of disabled persons.".'

       

    Hilary Armstrong

    315

    Schedule     4,     page     75,     line     6,     at end insert—

    'Adoption Act 1976 (c. 36)

        . In section 2 of the Adoption Act 1976 (local authorities' social services), for the words "stand referred to the authority's social services committee" there is substituted "are social services functions within the meaning of the Local Authority Social Services Act 1970".

    National Health Service Act 1977 (c. 49)

        . In section 28A of the National Health Service Act 1977 (power to make payments towards expenditure on community services), in subsection (2)(a) for the words from "any function" to "committee" there is substituted "any social services functions (within the meaning of the Local Authority Social Services Act 1970)".

    Registered Homes Act 1984 (c. 23)

        . In its application to a registration authority which are operating executive arrangements (within the meaning of Part II of this Act), section 13 of the Registered Homes Act 1984 (right to make representations) shall have effect as if for subsection (5) there were substituted—

              "(5) If he informs the registration authority that he desires to make oral representations, they shall make arrangements to enable him to make such representations."

    Children Act 1989 (c. 41)

        . In section 22 of the Children Act 1989 (general duty of local authority in relation to children looked after by them), in subsection (1)(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 42 of that Act (right of guardian ad litem to have access to local authority records), in subsection (1)(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 81 of that Act (inquiries), in subsection (1)(a) for the words "the social services committee of a local authority" there is substituted "a local authority which are social services functions within the meaning of the Local Authority Social Services Act 1970".

        . In section 105 of that Act (interpretation), in subsection (5) for the words "which stand referred to the social services committee of that or any other local authority under" there is substituted "of that or any other local authority which are social services functions within the meaning of".

        . In its application to a local authority (within the meaning of Schedule 6 to that Act) which are operating executive arrangements (within the meaning of Part II of this Act), paragraph 6 of that Schedule (right to make representations) shall have effect as if for subsection (5) there were substituted—

              "(5) If he informs the local authority that he desires to make oral representations, they shall make arrangements to enable him to make such representations.".'.

       

    Hilary Armstrong

    316

    Schedule     4,     page     75,     line     38,     at end insert—

    'Audit Commission Act 1998 (c. 18)

        . In section 37 of the Audit Commission Act 1998 (social services studies for Secretary of State), for subsection (2) there is substituted—

              "(2) In this section "social services functions" means functions which are social services functions within the meaning of the Local Authority Social Services Act 1970."

    Greater London Authority Act 1999 (c. 29)

        . In section 31 of the Greater London Authority Act 1999 (limits of the general power), in subsection (5), for paragraphs (a) and (b) there is substituted "any social services function within the meaning of the Local Authority Social Services Act 1970".'.


       

    Hilary Armstrong

    317

    Schedule     5,     page     76,     line     4,     column     3,     at beginning insert—

         

         

         

    'Section 2(2).'.

       

    Hilary Armstrong

    106

    Schedule     5,     page     76,     line     13,     at end insert—

    '1976 c. 57.Local Government (Miscellaneous Provisions) Act 1976.In section 25(8), the words from "Without prejudice" to "inhabitants of its area)".
    1978 c. 50.Inner Urban Areas Act 1978.In section 13, the words "section 137(1) of the Local Government Act 1972 or".
    1985 c. 68.Housing Act 1985.Section 11A(4).'.


       

    Hilary Armstrong

    318

    Clause     96,     page     65,     line     33,     leave out subsection (5).


    REMAINING NEW CLAUSES

    Duty to have regard to equality of opportunity

       

    Mr Don Foster
    Mr Adrian Sanders

    NC7

    To move the following Clause:—

        '.—(1) Each local authority shall make appropriate arrangements with a view to securing that—

        (a) in the exercise of its powers, and

        (b) in the discharge of its functions,

        there is due regard to the principle that there should be equality of opportunity for all people.

        (2) Each local authority shall have regard to the need

        (a) to promote equality of opportunity for all persons irrespective of their race, sex, disability, age, sexual orientation or religion;

        (b) to eliminate unlawful discrimination; and

        (c) to promote good relations between persons of different racial groups, religious beliefs and sexual orientation.

        (3) Subsection (2) is without prejudice to subsection (1) and is subject to any provision made under any other enactment.

        (4) Each local authority shall publish a report in each year containing—

        (a) a statement of the arrangements made in pursuance of subsection (1) which had effect during the year which is the subject of the report, and

        (b) an assessment of how effective those arrangements were in promoting equality of opportunity.'.


    Charges for services provided

       

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

    NC9

    To move the following Clause:—

        '.—(1) Subject to subsection (3), a local authority may impose a charge in respect of any services provided by the authority under discretionary statutory powers.

        (2) A charge imposed under this section is payable by the person requesting the provision of the service.

        (3) This section does not apply to—

        (a) services which are provided in the course of exercising an excepted function;

        (b) services in respect of which the local authority is entitled to impose a charge under any other enactment.

        (4) A local authority shall not impose a charge under subsection (1) in respect of any service provided unless, before the service is provided, the authority informs the person requesting the service of the proposed amount of the charge.

        (5) The amount of a charge is to be at the local authority's discretion but shall not exceed the proposed amount which the person requesting the service is informed of under subsection (4).

        (6) In this section—

        "excepted function" means an excepted function for the purposes of section 150 and 151 of the Local Government and Housing Act 1989 as described in section 152(1) of that Act; and

        "local authority" means—

        (a) in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.

        (b) in relation to Wales, a county council or a county borough council.'.


    Miscellaneous charging provisions

       

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

    NC10

    To move the following Clause:—

        '.—Schedule ( ) (which makes provision about the making of charges for various services) shall have effect.'.


    REMAINING NEW SCHEDULE

       

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

    NS1

    To move the following Schedule:—

    'Schedule ( )

    Miscellaneous Charting Provisions

    Fees for permissions to execute works and use objects on highways

        1. Section 115F of the Highways Act 1980 is amended by the omission of subsections (2) and (3).

    Fees for public conveniences

        2.—(1) Section 87 of the Public Health Act 1936 is amended as follows.

        (2) In paragraph (c) of subsection (3), the words "other than urinals" are omitted.

        (3) After subsection (3), there is inserted—

        "(3A) Nothing shall prevent any such council refraining from charging fees for the use of any particular type of public sanitary conveniences.".

    Fees for inspections of builders' skips

        3.—(1) A local highway authority may make such charge as it thinks fit for the inspection of any builder's skip deposited on any highway for which it is responsible.

        (2) In this paragraph—

        "builder's skip" has the same meaning given by section 139 of the Highways Act 1980, and

        "local highway authority" has the same meaning given by section 329(1) of that Act.

    Fees for planning advice

        4.—(1) A local planning authority may impose a charge in respect of the giving of advice which relates to the making of applications to them under the planning Acts (or any order or regulation made under them) for any permission, consent, approval, determination or certificate.

        (2) Charges under sub-paragraph (1) above may be imposed whether or not an application has been made by the person requesting the advice.

        (3) A charge imposed under this regulation is payable by the person who requested the advice.

        (4) The amount of a charge is to be at the local planning authority's discretion and, in determining the amount, the authority shall have regard to the cost to them of dealing with the matter in question.

        (5) In this paragraph "local planning authority" and "planning Acts" have the same meanings as in the Town and Country Planning Act 1990.

    Charges for street works

        5. Section 74 of the New Roads and Street Works Act 1991 (Charge for occupation of the highway where works unreasonably prolonged) is replaced by the following—

        "Charge for occupation of the highway.

        74.—(1) A highway authority may impose a daily charge on an undertaker executing street works in a maintainable highway in respect of the period during which the works are carried out.

        (2) The amount of a charge is to be at the highway authority's discretion and shall be determined by reference to the extent to which the surface of the highway is affected by the works.".

    Street works: inspection fees

        6.—(1) Section 75 of the New Roads and Street Works Act 1991 is amended as follows.

        (2) Subsections (3) and (4) (scheme for payment of proportion only of inspection fees) are omitted.

    Charges for re-inspection of suspected food

        7.—(1) A relevant food authority may impose a charge in respect of the determination of an authorised officer, under section 9(4) of the Food Safety Act 1990, as to whether or not he is satisfied that food (in respect of which a notice has been given or which has been seized under subsection (3) of that section) complies with food safety requirements.

        (2) A charge imposed under this regulation is payable by the person in charge of the food.

        (3) The amount of a charge is to be at the relevant food authority's discretion and, in determining the amount, the authority shall have regard to the cost to them of dealing with the determination.

        (4) In this paragraph, "relevant food authority" means a district council, a county council, the council of a London borough or the Common Council of the City of London where they exercise functions as a food authority under section 5 of the Food Safety Act 1990.

    Charges for assisting film-makers

        8.—(1) A relevant authority may impose a charge in respect of the consideration, approval or carrying out of health and safety measures, crowd control measures, measures required to prevent obstruction or any other measures relevant to the making of any film on the highway or an open space.

        (2) A charge imposed under this paragraph is payable by the person to whom the service is provided.

        (3) The amount of a charge is to be at the relevant authority's discretion and, in determining the amount, the authority shall have regard to the cost to them of dealing with the matter in question.

        (4) In this paragraph—

        "highway" means a highway for which a relevant authority is responsible as the highway authority;

        "open space" means land belonging to a relevant authority or under their management or control, which is land held, managed or controlled by them for the purposes of section 164 of the Public Health Act 1875 or for the purposes of open space under the Open Spaces Act 1906;

        "relevant authority" means a district council, a county council, the council of a London borough, the Common Council of the City of London or the Council of the Isles of Scilly.'.


     
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