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| Housing benefit. |
93. - (1) Section 130 of the Social Security Contributions and Benefits Act 1992 (housing benefit) is amended as follows.
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(2) At the end of subsection (2) there is inserted-
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 | " but this subsection is subject to subsection (2A).
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(2A) Except to the extent that regulations otherwise provide, payments in respect of services which provide support, assistance, advice or counselling to individuals with particular needs are not "payments in respect of a dwelling" for the purposes of subsection (1)."
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(3) After subsection (4) there is inserted-
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"(4A) Regulations under subsection (2A) above may make provision with respect to particular areas, particular authorities or particular descriptions of authority."
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Allowances and pensions |
| Allowances and pensions for certain local authority members. |
94. - (1) The provision which may be made by regulations under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service etc) includes provision for or in connection with the provision of pensions, allowances or gratuities to or in respect of such members of an executive of a local authority as may be prescribed by the regulations.
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(2) In subsection (1) "executive" and "local authority" have the same meaning as in Part II of this Act.
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(3) Section 18 of the Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances for local authority members) is amended as follows.
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(4) At the beginning of subsection (1) there is inserted "Subject to subsection (1A)," and after that subsection there is inserted-
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"(1A) In relation to a district council, county council, county borough council or London borough council, subsection (1) above shall have effect with the omission of paragraph (b)."
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(5) After subsection (2) there is inserted-
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"(2A) Regulations under this section may authorise or require a scheme made by a district council, county council, county borough council or London borough council to include provision for the payment to members of the council of allowances in respect of such expenses of arranging for the care of children or dependants as are necessarily incurred in the carrying out of their duties as members."
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(6) In subsection (3), for "and (2)" there is substituted "to (2A)".
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(7) After subsection (3) there is inserted-
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"(3A) Regulations under this section may make provision for or in connection with-
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(a) enabling district councils, county councils, county borough councils or London borough councils which are operating executive arrangements to determine which members of the executive are to be entitled to pensions, allowances or gratuities, |
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(b) treating the basic allowance and the special responsibility allowance as amounts in respect of which such pensions, allowances or gratuities are payable. |
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(3B) Regulations under this section may make provision for or in connection with requiring a district council, county council, county borough council or London borough council to establish and maintain a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of the council.
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(3C) Regulations under this section may make provision for or in connection with enabling a panel established by a body specified in the regulations to exercise such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of such district councils, county councils or London borough councils in England as may be specified in the regulations.
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(3D) Regulations under this section may make provision for or in connection with the establishment by the National Assembly for Wales on a permanent or temporary basis of a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of county councils and county borough councils in Wales.
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(3E) Regulations under subsection (3B) above may include provision-
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(a) with respect to the number of persons who may or must be appointed to the panel of a council, |
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(b) with respect to the persons who may or must be appointed to the panel of a council, |
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(c) for or in connection with the appointment by councils of joint panels. |
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(3F) Regulations under subsection (3C) may include provision-
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(a) with respect to the number of persons who may or must be appointed to a panel mentioned in that subsection, |
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(b) with respect to the persons who may or must be appointed to such a panel. |
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(3G) Regulations under subsection (3B), (3C) or (3D) may include provision-
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(d) for or in connection with enabling a panel mentioned in that subsection to make recommendations to a council on the level of allowances payable to members of the council, |
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(e) for or in connection with enabling such a panel to make recommendations to a council which are operating executive arrangements as to which members of the executive are to be entitled to pensions, allowances or gratuities, |
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(f) which permits different recommendations to be made in relation to different councils or descriptions of council." |
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(8) In subsection (4), for the word "and" at the end of paragraph (b) there is substituted-
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"(ba) make provision with respect to the amendment, revocation or replacement of a scheme made by a relevant authority under the regulations; and". |
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(9) After subsection (5) there is inserted-
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"(5A) In making or operating any scheme authorised or required by regulations under this section, a district council, county council, county borough council or London borough council shall have regard to any guidance for the time being issued by the Secretary of State (where the council is in England) or the National Assembly for Wales (where the council is in Wales).
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(5B) In this section "executive" and "executive arrangements" have the same meaning as in Part II of the Local Government Act 2000."
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| Power to make provision about allowances. |
95. - (1) The Secretary of State may by regulations make provision with respect to-
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(a) allowances payable to members of a parish council, |
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(b) travelling and subsistence allowances payable to members of such relevant authorities as may be prescribed, |
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(c) allowances payable to members of such relevant authorities as may be prescribed for attending conferences or meetings, |
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(d) the reimbursement of expenses incurred by members of such relevant authorities as may be prescribed. |
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(2) For the purposes of this section a member of a committtee or sub-committee of a relevant authority is to be treated as a member of the authority.
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(3) The provision which may be made under subsection (1)(b) includes provision with respect to allowances in respect of travel by bicycle or by any other non-motorised form of transport.
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(4) The provision which may be made under this section includes provision which amends or repeals any provisions of sections 173 to 178 of the Local Government Act 1972.
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(5) Before making any regulations under this section, the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
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(6) In this section-
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"prescribed" means prescribed by regulations made by the Secretary of State, |
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"relevant authority" means- |
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(a) a body specified in section 21(1) of the Local Government and Housing Act 1989,
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(b) a body on which a body falling within paragraph (a) is represented,
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(7) In its application to Wales this section has effect as if-
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(a) for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales, |
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(b) for any reference to a parish council there were substituted a reference to a community council. |
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Social services functions |
| Social services functions. |
96. - (1) Sections 2 to 5 of the Local Authority Social Services Act 1970 (establishment and operation of social services committees) do not apply to a local authority (within the meaning of that Act) which are operating executive arrangements (within the meaning of Part II of this Act).
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(2) Section 6(5) of that Act (social services director not to discharge non-social services functions without approval of Secretary of State) ceases to have effect.
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(3) After section 1 of that Act there is inserted the following section-
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| "Meaning of "social services functions". |
1A. For the purposes of this Act the social services functions of a local authority are-
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(a) their functions under the enactments specified in the first column of Schedule 1 to this Act (being the functions which are described in general terms in the second column of that Schedule), and |
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(b) such other of their functions as the Secretary of State may designate by an order made under this section." |
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Recoupment by local authorities of cost of providing day care. |
| Recoupment by local authorities of cost of providing day care. |
97. - (1) In subsection (3) of section 29 of the Children Act 1989 (recoupment of cost of providing services etc.), after "subsection (1)" there is inserted "for a service provided under section 17 or section 18(1) or (5)".
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(2) After that subsection there is inserted-
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"(3A) No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 or of an income-based jobseeker's allowance."
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Repeal of prohibition of promotion of homosexuality. |
| Repeal of prohibition of promotion of homosexuality. |
98. Section 2A of the Local Government Act 1986 (prohibition on promoting homosexuality by teaching or by publishing material) ceases to have effect.
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