| Amendments proposed to the Local Government Bill [Lords] - continued | House of Commons |
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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—
Mr Nigel Waterson 342 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 343 Page 56, line 5, leave out Clause 81.
Mr Nigel Waterson 344 Clause 83, page 56, line 41, at end add—'(5) Whatever changes are made by order under this Part the total number of councillors in any local authority affected by these changes shall remain at least the same as at present'.
Mr Don Foster 566 Clause 86, page 60, line 18, at end insert—'(6A) In determining the amounts of grants, the manner of their payment and any terms and conditions under subsections (5) and (6), the Secretary of State or, as the case may be, the Assembly, shall consult such organisations representing the interests of local authorities or of disabled persons in receipt of such welfare services as he considers appropriate, and in consideration of any representations made to him under this subsection, and at his discretion, may modify his proposals in the light of any of those representations.'.
Hilary Armstrong 328 Page 64, line 2, leave out Clause 91.
Hilary Armstrong 519 Clause 92, page 64, line 14, after 'provision' insert 'or savings'.
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".'.
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