| Amendments proposed to the Local Government Bill [Lords] - continued | House of Commons |
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Hilary Armstrong 515 Clause 77, page 54, line 1, after 'code' insert 'of conduct'.
Hilary Armstrong 517 Clause 77, page 54, line 9, leave out subsections (2) to (4) and insert—'(2) Any reference in this Part to a committee of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to a committee of an executive of the authority. (3) Any reference in this Part to a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to an elected mayor or elected executive member of the authority. (4) Any reference in this Part to a joint committee or joint sub-committee of a relevant authority is a reference to a joint committee on which the authority is represented or a sub-committee of such a committee. (5) Any reference in this Part to a failure to comply with a relevant authority's code of conduct includes a reference to a failure to comply with the mandatory provisions which apply to the members or co-opted members of the authority by virtue of section 47(4)(b). (6) Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member. (7) The reference in subsection (6) to particular functions or particular responsibilities as a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to particular functions or particular responsibilities as—
(8) A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, but this subsection does not apply to a person who is partially suspended under this Part. (9) A person who is suspended under this Part from being a member of a relevant authority to which Part II of this Act applies shall also be suspended—
but this subsection does not apply to a person who is partially suspended under this Part. (10) A person who is disqualified under this Part for being or becoming a member of a relevant authority shall also be disqualified for being or becoming a member of any committee, sub-committee, joint committee or joint sub-committee of the authority. (11) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a parish council is to be exercisable by or in relation to the monitoring officer of the district council or unitary county council which is the responsible authority in relation to the parish council; and any reference in this Part to the monitoring officer of a relevant authority which is a parish council is to be construed accordingly. (12) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a community council is to be exercisable by or in relation to the monitoring officer of the county council or county borough council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly. (13) Subsections (12) and (13) of section 51 are to apply for the purposes of subsection (11) as they apply for the purposes of that section.'.
NEW CLAUSES RELATING TO PART IIILaw of defamation
Hilary Armstrong NC18 To move the following Clause:—'. For the purposes of the law of defamation, any statement (whether written or oral) made by a Local Commissioner in Wales in connection with the exercise of his functions under this Part shall be absolutely privileged.'.
Consultation with Local Commissioner
Hilary Armstrong NC19 To move the following Clause:—'.—(1) If, at any stage in the course of conducting an investigation under section 55, an ethical standards officer forms the opinion that the matters which are the subject of the investigation relate partly to a matter which could be the subject of an investigation under Part III of the Local Government Act 1974, he may consult the appropriate Local Commissioner about the investigation and, if he considers it necessary, inform any person who made the allegation which gave rise to the investigation of the steps necessary to initiate a complaint under Part III of that Act. (2) If, at any stage in the course of conducting an investigation under Part III of that Act, a Local Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under section 55 of this Act, he may consult the Standards Board for England about the investigation and, if he considers it necessary, inform the person initiating the complaint of the steps necessary to make an allegation under section 54. (3) Consultation under subsection (1) or (2) may relate to any matter concerned with the investigation, including—
(4) Nothing in section 32(2) of the Local Government Act 1974 or section 59(1) of this Act shall apply in relation to the disclosure of information in the course of consultation held in accordance with this section. (5) In this section "Local Commissioner" has the same meaning as in Part III of the Local Government Act 1974.'.
Restitution 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.".'.
Hilary Armstrong 518 Clause 84, page 57, line 9, leave out 'and (5)(b)' and insert '(5)(b), (7) and (8)'.
Mr Nigel Waterson 341 Clause 80, page 55, line 17, at end insert ', save that a local authority may apply to the Secretary of State for an order providing that the scheme for ordinary elections of councillors for that local authority is a scheme under such of the options set out in section 79 as is specified BY that authority.'.
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—
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