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House of Commons

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Index of Amendments

NOTICES OF AMENDMENTS

given up to and including

Friday 30th June 2000

New Amendments handed in are marked thus *

CONSIDERATION OF BILL

LOCAL GOVERNMENT BILL [LORDS], AS AMENDED

NEW CLAUSES
Power to modify enactments concerning plans etc: Wales

Mr Secretary Prescott

NC8
To move the following Clause:—
    '.—(1) Subject to subsections (4) and (6), the National Assembly for Wales may by order amend, repeal, revoke or disapply any enactment to which subsection (2) applies so far as that enactment has effect in relation to a local authority in Wales.
    (2) This subsection applies to—

(a) section 49(1)(c) of the Environmental Protection Act 1990,

(b) section 2 of the Home Energy Conservation Act 1995,

(c) section 84(2)(b) of the Environment Act 1995,

(d) any other enactment (whenever passed or made) which—

    (i) requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter, and

    (ii) is specified in an order made by the Secretary of State under this subsection.
    (3) The power under subsection (1) may be exercised in relation to—

(a) all local authorities in Wales,

(b) particular local authorities in Wales, or

(c) particular descriptions of local authority in Wales.
    (4) The power under subsection (1) may be exercised in relation to a local authority only if the National Assembly for Wales considers—

(a) that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or

(b) that any such enactment should be amended so that it operates more effectively in relation to the authority.
    (5) The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
    (6) An order under subsection (2)(d)(ii) which specifies any enactment may provide that the power under subsection (1) may be exercised in relation to that enactment only if the National Assembly for Wales complies with any conditions specified in the order.
    (7) In this section "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).'.

Access to information; background papers

Mr Secretary Prescott

NC9
To move the following Clause:—
    '.—(1) In section 100D of the Local Government Act 1972 (inspection of background papers) for subsection (1) there is substituted—

    "(1) Subject, in the case of section 100C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a principal council are required by section 100B(1) or 100C(1) above to be open to inspection by members of the public—

(a) those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and

(b) at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the council."

    (2) In subsection (2) the words "of the list, or" are omitted.'.

Meetings and documents: notice etc.

Mr Secretary Prescott

NC11
*To move the following Clause:—
    '.—(1) In section 100K of the Local Government Act 1972 (interpretation and application of Part VA), after subsection (2) there is inserted—

    "(3) The Secretary of State may by order amend sections 100A(6)(a) and 100B(3) and (4)(a) above so as to substitute for each reference to three clear days such greater number of days as may be specified in the order.
    (4) Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament."

    (2) In Schedule 12 to that Act (meetings and proceedings of local authorities), after paragraph 4 there is inserted—

    "4A.—(1) The Secretary of State may by order amend paragraph 4(2) above so as to substitute for the reference to three clear days such greater number of days as may be specified in the order.
    (2) Any statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'.

Indemnification of members and officers of relevant authorities

Mr Secretary Prescott

NC12
*To move the following Clause:—
    '.—(1) The Secretary of State may by order make provision for or in connection with conferring power on relevant authorities in England and police authorities in Wales to provide indemnities to some or all of their members and officers.
    (2) The National Assembly for Wales may by order make provision for or in connection with conferring power on relevant authorities in Wales (other than police authorities) to provide indemnities to some or all of their members and officers.
    (3) An order under this section may apply—

(a) to all relevant authorities, or

(b) to any particular description of relevant authority.
    (4) Before making an order under this section, the Secretary of State or (as the case may be) the National Assembly for Wales must consult—

(a) such representatives of relevant authorities,

(b) such representatives of employees of relevant authorities, and

(c) such other persons,
    as he or it considers appropriate.
    (5) In this section—

"member", in relation to a relevant authority, includes—

    (i) a member of any committee or sub-committee of the authority, or

    (ii) a person who is a member of, and represents the authority on, any joint committee or sub-committee,

"police authority" and "relevant authority" have the same meaning as in Part III of this Act.'.

Amendments to the 1972 Act

Mr Secretary Prescott

NC13
*To move the following Clause:—
    '. Schedule (Amendments to the 1972 Act) which contains amendments to the Local Government Act 1972 has effect.'.

Local authority to decide whether to introduce executive arrangements

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

NC1
To move the following Clause:—
    '( ).—(1) A local authority may make executive arrangements for the discharge of certain of its functions.
    (2) Nothing in this Part shall have effect in respect of a local authority not making executive arrangements.'.

Prohibition on promotion of homosexuality: bullying

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

NC2
To move the following Clause:—
    '( ).In section 2A of the Local Government Act 1986 (prohibition on promoting homosexuality by teaching or by publishing material), at the end of subsection (2) there is inserted '; or

(b) prevent the headteacher or governing body of a maintained school, or a teacher employed by a maintained school, from taking steps to prevent any form of bullying.'.

Restitution order

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

NC3
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 a 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.'.

Proportional representation for local elections in England and Wales

Mr Don Foster
Mr Adrian Sanders

NC4
To move the following Clause:—
    '( ) The Secretary of State may by regulations introduce a form of proportional representation for elections to local authorities in England and Wales.
    ( ) No statutory instrument containing regulations under subsection (1) above shall be made unless it has been approved by affirmative resolution of both Houses of Parliament.'.

Decisions made by individuals—access to information

Mr Mark Fisher
Mr Don Foster
Mr Richard Shepherd
Tony Wright
Mr David Davis
Mr Adrian Sanders

NC5
To move the following Clause:—
    '.—(1) A prescribed decision shall not be taken by a decision taker unless public notice containing the details specified in subsection (2) has been given by him at least five clear days in advance of the date on which it is proposed to take the decision by posting it at the offices of the local authority.
    (2) The details referred to in subsection (1) are

(i) the name of the individual taking the decision

(ii) details of how he may be contacted

(iii) a short description of the decision to be taken

(iv) the date on which the decision is to be taken

(v) a list of the reports and background papers relevant to the decision.
    (3) The provisions of Part VA of the Local Government Act 1972 shall apply to any report relating to the proposed decision and to any background papers used in preparing that report, as if the report were to be considered at a meeting of a principal council.
    (4) Nothing in subsection (1) shall prevent a decision being taken without giving such notice where by reason of special circumstances, which shall be specified in the written record of the decision, the decision taker is of the opinion that it should be taken as a matter of urgency.
    (5) In this section—
    "prescribed" has the meaning given by section 21(11).
    "decision taker" means

(a) an individual member of a local authority executive or

(b) an officer of the authority discharging functions of the executive delegated to him.'.