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

536

Schedule     4,     page     74,     line     34,     at end insert—

    '3A. In section 80 of the Local Government Act 1972 (disqualifications for election and holding office as member of local authority), in subsection (1)—

(a) in paragraph (e) the words "or under the Audit Commission Act 1998" are omitted,

(b) after that paragraph there is inserted—

    "or
(f) holds any paid office or employment appointments to which are or may be made or confirmed by a fire authority—
    (i) which is constituted by a combination scheme under the Fire Services Act 1947, and
    (ii) in relation to which the local authority is a constituent authority."

   

Hilary Armstrong

537

Schedule     4,     page     74,     line     35,     leave out 'the Local Government Act 1972' and insert 'that Act'.

   

Hilary Armstrong

538

Schedule     4,     page     74,     line     38,     leave out 'under section 73(4)(a)(i) or (ii)' and insert 'or partially suspended under section 62, 68, 72 or 73'.

   

Hilary Armstrong

539

Schedule     4,     page     74,     line     39,     leave out 'discounted' and insert 'disregarded'.

   

Hilary Armstrong

540

Schedule     4,     page     74,     line     43,     after 'suspension' insert 'or partial suspension'.

   

Hilary Armstrong

541

Schedule     4,     page     74,     line     43,     at end insert—

    '4A. Sections 94 to 98 of that Act (restrictions on voting) cease to have effect.

    4B. Section 105 of that Act (disability for voting on account of interest in contracts etc) ceases to have effect.'.

   

Hilary Armstrong

542

Schedule     4,     page     75,     line     1,     at end insert—

    '. In section 25(1) of the Local Government Act 1974 (authorities to which Part III applies) after paragraph (bf) there is inserted—

"(bg) a fire authority constituted by a combination scheme under the Fire Services Act 1947;"'.

   

Hilary Armstrong

543

Schedule     4,     page     75,     line     2,     leave out 'the Local Government Act 1974' and insert 'that Act'.

   

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

544

Schedule     4,     page     75,     line     14,     leave out 'that authority's head of' and insert 'the head of that authority's'.

   

Hilary Armstrong

545

Schedule     4,     page     75,     line     22,     at end insert 'and'.

   

Hilary Armstrong

546

Schedule     4,     page     75,     line     24,     leave out from first 'authority' to end of line 25 and insert 'police authority or port health authority.'.

   

Hilary Armstrong

548

Schedule     4,     page     75,     line     25,     at end insert—

    '( ) In subsection (2), the words "or of any code of practice made or approved by or under any enactment" are omitted.

    ( ) In subsection (2), as substituted in relation to the Greater London Authority by section 73(6) of the Greater London Authority Act 1999, in paragraph (a) the words "or of any code of practice made or approved by or under any enactment" are omitted.

    ( ) After that subsection there is inserted—

    "(2A) No duty shall arise by virtue of subsection (2)(b) above unless a Local Commissioner (within the meaning of the Local Government Act 1974) has conducted an investigation under Part III of that Act in relation to the proposal, decision or omission concerned."'.

   

Hilary Armstrong

549

Schedule     4,     page     75,     line     27,     at end insert—

    '6A. Section 19 of that Act (members' interests) ceases to have effect.'.

   

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

550

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

'Audit Commission Act 1998 (c. 18)

    9A. In section 49 of the Audit Commission Act 1998 (restriction on disclosure of information), after subsection (1)(d) there is inserted—

"(dd) for the purposes of the functions of an ethical standards officer or a Local Commissioner in Wales under Part III of the Local Government Act 2000".'.

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Hilary Armstrong

551

Schedule     5,     page     75,     line     38,     at end insert—

'Greater London Authority Act 1999 (c. 29)

    9B. In section 6 of the Greater London Authority Act 1999 (failure to attend meeting of the Assembly), after subsection (4) there is inserted—

    "(5) Any period during which an Assembly member is suspended or partially suspended under section 62, 68, 72 or 73 of the Local Government Act 2000 shall be disregarded for the purpose of calculating the period of six consecutive months under subsection (1)."

    9C. Section 13 of that Act (failure of Mayor to attend meetings) is to become subsection (1) of that section and after that subsection there is inserted—

    "(2) Any meeting of the Assembly which the Mayor is unable to attend because he is suspended or partially suspended under section 62, 68, 72 or 73 of the Local Government Act 2000 shall be disregarded for the purposes subsection (1) above."

    9D. Section 66 of that Act (the Secretary of State's guidance on ethical standards) ceases to have effect.'.

Prepared 8 Jun 2000