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

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

47

Clause     56,     page     36,     line     39,     leave out ', within the period of five years ending with that time.'.


   

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

70

Clause     63,     page     42,     line     9,     leave out 'may' and insert 'must'.

   

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

71

Clause     63,     page     42,     line     12,     leave out 'may' and insert 'must'.


NEW CLAUSES RELATING TO PART III

Restitution order

   

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

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

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

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

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—

      (a) the steps which the council took in carrying out that consultation, and

      (b) the outcome of that consultation.'.


   

Hilary Armstrong

328

Page     64,     line     2,     leave out Clause 91.


   

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)—

      (a) in subsection (1), for paragraphs (a) and (b) there is substituted "their social services functions",

      (b) subsection (2) is omitted.'.

   

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.".'.

     
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