S.C.A.
Amendment Paper as at
Tuesday 13th June 2000
STANDING COMMITTEE A
LOCAL GOVERNMENT BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [2nd May], as follows:
Clauses 1 to 8, new Clauses relating to Part I, new Schedules so relating, Clauses 9 to 22, Schedule 1, Clauses 23 to 38, Schedule 2, Clauses 39 to 44, new Clauses relating to Part II, new Schedules so relating, Clauses 88 to 90, Clauses 45 to 52, Clause 75, Clause 53, Schedule 3, Clauses 54 to 74, Clauses 76 and 77, new Clauses relating to Part III, new Schedules so relating, Clauses 84 and 85, Clauses 78 to 83, new Clauses relating to Part IV, new Schedules so relating, Clauses 86 and 87, Clauses 91 to 94, Schedules 4 and 5, Clauses 95 and 96, remaining new Clauses, remaining new Schedules.
Hilary Armstrong
584
Clause 77, page 54, line 8, at end insert—
'( ) Any functions which are, by virtue of this Part, conferred on a relevant authority to which Part II of this Act applies are not to be the responsibility of an executive of the authority under executive arrangements.'.
NEW CLAUSES RELATING TO PART III
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—
(a) the conduct of the investigation, and
(b) the form, content and publication of any report relating to the investigation.
(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
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.'.
Hilary Armstrong
518
Clause 84, page 57, line 9, leave out 'and (5)(b)' and insert '(5)(b), (7) and (8)'.
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
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
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.'.
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
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
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
343
Page 56, line 5, leave out Clause 81.
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
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
Mr Adrian Sanders
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".'.
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.'.
