Vote Bundle Text (900613-04)

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

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Charges for services provided

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

NC9

To move the following Clause:—

'.—(1) Subject to subsection (3), a local authority may impose a charge in respect of any services provided by the authority under discretionary statutory powers.

(2) A charge imposed under this section is payable by the person requesting the provision of the service.

(3) This section does not apply to—

(a) services which are provided in the course of exercising an excepted function;

(b) services in respect of which the local authority is entitled to impose a charge under any other enactment.

(4) A local authority shall not impose a charge under subsection (1) in respect of any service provided unless, before the service is provided, the authority informs the person requesting the service of the proposed amount of the charge.

(5) The amount of a charge is to be at the local authority's discretion but shall not exceed the proposed amount which the person requesting the service is informed of under subsection (4).

(6) In this section—

"excepted function" means an excepted function for the purposes of section 150 and 151 of the Local Government and Housing Act 1989 as described in section 152(1) of that Act; and

"local authority" means—

(a) in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.

(b) in relation to Wales, a county council or a county borough council.'.

Miscellaneous charging provisions

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

NC10

To move the following Clause:—

'.—Schedule ( ) (which makes provision about the making of charges for various services) shall have effect.'.

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.".'.

Damages, costs or expenses

Mr Don Foster
Mr Adrian Sanders

NC21

To move the following Clause:—

'(1) A local authority may indemnify its members and officers against any damages, costs or expenses which any such member or officer may be liable to pay or may reasonably have incurred in connection with his membership of or employment by the local authority provided the conditions set out in subsection (3) are satisfied.

(2) Subject to the provisions of this section, the terms of any indemnity granted under subsection (1) above shall be determined by the local authority, but where a local authority by resolution undertakes to provide an indemnity to its members and officers under this section, any sum due to a member or officer under the terms of the indemnity shall be enforceable against the local authority as if it were a simple contract debt.

(3) The conditions referred to in subsection (1) above are as follows:

(a) the member or officer concerned acted in good faith and honestly believed that the act or omission complained of was within the scope of his authority and that his duty or power as a member or officer required or entitled him to do or omit to do it;

(b) the damages, costs or expenses do not arise from fraud, dishonesty or any criminal offence (except that the costs of defending criminal proceedings may be indemnified) on the part of the member or officer concerned; and

(c) the damages, costs or expenses do not arise from activities which are beyond the powers of the local authority concerned, save to the extent that at the time of the activity in question the officer or member bona fide and reasonably believed that the activity was within the powers of the local authority.

(4) An indemnity under subsection (1) above may, if the local authority so provide:

(a) extend to a commitment (which shall be binding on the local authority) not to itself pursue any claim against its members and officers in respect of any loss or damage suffered by the local authority as a result of the neglect, act, error or omission of the member or officer concerned;

(b) apply to former members and officers in respect of acts and omissions occurring whilst they were members and officers of the local authority concerned;

(c) apply to acts and omissions occurring prior to the date on which the indemnity was granted or any resolution conferring the indemnity was approved;

(d) apply to liability incurred by any member or officer as the local authority's nominated appointee on an outside body or in respect of any advice given or service provided to any such outside body.

(5) An indemnity under subsection (1) above may apply in the circumstances set out in subsection (4)(d) above notwithstanding that the member or officer concerned is appointed as a Director, Trustee or member of the Management Committee of the outside body in question and notwithstanding that a conflict of interest may arise between the member or officer's duties to the local authority and his duties to the outside body.

(6) A local authority may arrange such insurance in connection with any indemnity granted under this section, or in respect of any personal liability of its members and officers arising in connection with their membership of or employment by the authority, as it thinks fit.

(7) For the purposes of section 94 of the Local Government Act 1972, a member of a local authority shall not be treated as having a pecuniary interest in any decision of the authority as to whether an indemnity should be granted or insurance effected under this section (or the terms thereof), provided that this dispensation shall not apply to any decision by the authority relating to that member's particular circumstances or if the decision would affect him in a materially different way to members of the local authority generally.'.

REMAINING NEW SCHEDULE

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

NS1

To move the following Schedule:—

'Schedule ( )

Miscellaneous Charting Provisions

Fees for permissions to execute works and use objects on highways

1. Section 115F of the Highways Act 1980 is amended by the omission of subsections (2) and (3).

Fees for public conveniences

2.—(1) Section 87 of the Public Health Act 1936 is amended as follows.

(2) In paragraph (c) of subsection (3), the words "other than urinals" are omitted.

(3) After subsection (3), there is inserted—

"(3A) Nothing shall prevent any such council refraining from charging fees for the use of any particular type of public sanitary conveniences.".

Fees for inspections of builders' skips

3.—(1) A local highway authority may make such charge as it thinks fit for the inspection of any builder's skip deposited on any highway for which it is responsible.

(2) In this paragraph—

"builder's skip" has the same meaning given by section 139 of the Highways Act 1980, and

"local highway authority" has the same meaning given by section 329(1) of that Act.

Fees for planning advice

4.—(1) A local planning authority may impose a charge in respect of the giving of advice which relates to the making of applications to them under the planning Acts (or any order or regulation made under them) for any permission, consent, approval, determination or certificate.

(2) Charges under sub-paragraph (1) above may be imposed whether or not an application has been made by the person requesting the advice.

(3) A charge imposed under this regulation is payable by the person who requested the advice.

(4) The amount of a charge is to be at the local planning authority's discretion and, in determining the amount, the authority shall have regard to the cost to them of dealing with the matter in question.

(5) In this paragraph "local planning authority" and "planning Acts" have the same meanings as in the Town and Country Planning Act 1990.

Charges for street works

5. Section 74 of the New Roads and Street Works Act 1991 (Charge for occupation of the highway where works unreasonably prolonged) is replaced by the following—

"Charge for occupation of the highway.

74.—(1) A highway authority may impose a daily charge on an undertaker executing street works in a maintainable highway in respect of the period during which the works are carried out.

(2) The amount of a charge is to be at the highway authority's discretion and shall be determined by reference to the extent to which the surface of the highway is affected by the works.".

Street works: inspection fees

6.—(1) Section 75 of the New Roads and Street Works Act 1991 is amended as follows.

(2) Subsections (3) and (4) (scheme for payment of proportion only of inspection fees) are omitted.

Charges for re-inspection of suspected food

7.—(1) A relevant food authority may impose a charge in respect of the determination of an authorised officer, under section 9(4) of the Food Safety Act 1990, as to whether or not he is satisfied that food (in respect of which a notice has been given or which has been seized under subsection (3) of that section) complies with food safety requirements.

(2) A charge imposed under this regulation is payable by the person in charge of the food.

(3) The amount of a charge is to be at the relevant food authority's discretion and, in determining the amount, the authority shall have regard to the cost to them of dealing with the determination.

(4) In this paragraph, "relevant food authority" means a district council, a county council, the council of a London borough or the Common Council of the City of London where they exercise functions as a food authority under section 5 of the Food Safety Act 1990.

Charges for assisting film-makers

8.—(1) A relevant authority may impose a charge in respect of the consideration, approval or carrying out of health and safety measures, crowd control measures, measures required to prevent obstruction or any other measures relevant to the making of any film on the highway or an open space.

(2) A charge imposed under this paragraph is payable by the person to whom the service is provided.

(3) The amount of a charge is to be at the relevant authority's discretion and, in determining the amount, the authority shall have regard to the cost to them of dealing with the matter in question.

(4) In this paragraph—

"highway" means a highway for which a relevant authority is responsible as the highway authority;

"open space" means land belonging to a relevant authority or under their management or control, which is land held, managed or controlled by them for the purposes of section 164 of the Public Health Act 1875 or for the purposes of open space under the Open Spaces Act 1906;

"relevant authority" means a district council, a county council, the council of a London borough, the Common Council of the City of London or the Council of the Isles of Scilly.'.

Hilary Armstrong

562

Title, line 4, after 'services;' insert 'to amend section 29 of the Children Act 1989;'.




©Parliamentary copyright 2000	Prepared 13 Jun 2000