Vote Bundle Text (900630-02)

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

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Exercise of power under section 5

Mr Don Foster
Mr Adrian Sanders

NC6

To move the following Clause:—

'.—(1) A local authority may submit a proposal to the Secretary of State that the power under section 5 should be exercised in relation to that authority in accordance with that proposal.

(2) The Secretary of State may be regulations make provision for or in connection with the submission of an application by a local authority under subsection (1) above.

(3) Regulations under this section may include provision—

(a) for the information required in any application;

(b) for a local authority to show it has the capacity to give effect to the proposals;

(d) for consultation with representatives of local government upon the proposals;

(e) for independent assessment of a proposal;

(f) for reasons to be given when an application is unsuccessful.'.

Application for locally developed arrangements

Mr Don Foster
Mr Adrian Sanders

NC7

To move the following Clause:—

'.—(1) The Secretary of State may by regulations make provision for a local authority to apply to propose to the Secretary of State arrangements not provided for by or under sections 10(2) to (5).

(2) In submitting a proposal to the Secretary of State under regulations issued under subsection (1) an authority must:

(a) demonstrate that the proposals have the support of the local government electors for, and other interested parties in, the authority's area,

(b) ensure that the arrangements include provision for the appointment by the authority of one or more overview and scrutiny committees,

(c) explain why the authority considers that the proposed arrangements would be more suitable to local circumstances than a local authority executive as specified in sections 10(2) to (5) and

(d) explain why the authority considers that the proposed arrangements would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way.

(3) In issuing a regulation under subsection (1) the Secretary of State may, in particular, include:

(a) details as to the number or class of authorities to which those regulations apply,

(b) the criteria to which the Secretary of State must have regard in considering any proposals submitted under those regulations. In particular these criteria may include:

(i) the population of the authority,

(ii) the number of members of the authority,

(iii) the nature of the communities in the authorities area, and

(iv) the history of the authority's political control.'.

Prior discussion by political groups

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

NC10

To move the following Clause:—

'.—(1) No later than the commencement of the meeting of any overview or scrutiny committee, the leader of each political group with at least one member on the committee shall inform the Head of the Paid Service in writing whether or not any matter on the agenda has been the subject of prior discussion at any meeting of the relevant group or of part of it and of whether or not the judgment of any relevant member is likely to be constrained by the rules of the relevant group or political party.

(2) The terms "political group" and "leader" shall have the same meaning as in sections 15 and 16 of the Local Government and Housing Act 1989 and in regulations made under Schedule 1 to that Act.

(3) In the discharge of his duties each member of an overview or scrutiny committee of a local authority shall act independently of any party political interest.'.

Mr Don Foster
Mr Adrian Sanders

Page 1, line 18 [Clause 2], after 'anything', insert 'including, subject to section 3(2), the raising of money.'.

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

Page 2, line 6 [Clause 2], leave out 'or present'.

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

Page 2, line 8 [Clause 2], at end insert—

'( ) A charge may be imposed in respect of anything which is done in the course of exercising the power under section 2(1).'.

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

Page 2, line 21 [Clause 2], at end insert—

'( ) Action taken by a local authority outside its own boundaries shall only be undertaken with the consent of the authority within whose boundaries the action is proposed to be taken.'.

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

Page 2, line 23 [Clause 2], at end add—

'(7) Nothing in this part shall empower a local authority to engage in trade otherwise than is provided for by the Local Authority (Goods and Services) Act 1970'.

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

Page 2, line 25 [Clause 3], after 'any', insert 'express'.

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

Page 2, line 28 [Clause 3], leave out subsection 2 and insert—

'( ) The expenditure of a local authority under this Part in any financial year shall not exceed the amount obtained by applying the relevant provisions of subsections (4), (4AA), (4AB), (4A), (4B) and (4C) of section 137 of the Local Government Act 1972.

( ) All expenditure under this Part shall be subject to the accounting and inspection requirements set out in subsection (7) of section 137 of the Local Government Act 1972.'.

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

212

Page 2, line 28 [Clause 3], leave out subsection (2).

Mr Don Foster
Mr Adrian Sanders

Page 2, line 29 [Clause 3], leave out 'or otherwise'.

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

Page 2, line 41 [Clause 3], leave out 'as he considers appropriate' and insert 'and justify his subsequent decision to them.'.

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

Page 2, line 41 [Clause 3], at end insert—

'( ) Any guidance issued under this section shall be regarded as advisory only'.

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

Page 3, line 17 [Clause 4], at end insert—

'(4) A local authority may require other public bodies, whether statutory or voluntary, in its area to comply with and to participate in its strategy for promoting or improving the economic social or environmental well-being of their area.'.

Mr Don Foster
Mr Adrian Sanders

Page 3, line 20 [Clause 4], at end insert—

'( ) No requirement imposed by this section restricts the exercise of the power under section 2.'.

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

Page 3, line 21 [Clause 5], at beginning insert—

'( ) A local authority may apply to the Secretary of State to amend, repeal, revoke, or disapply an enactment (whenever passed or made) which it considers prevents or obstructs it from exercising its power under section 2(1)'.

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

Page 3, line 21 [Clause 5], after 'thinks', insert ', whether or not on the application of a local authority,'.

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

Page 3, line 24 [Clause 5], at end insert—

'( ) Before exercising the power under subsection (1) the Secretary of State shall consult representatives of local government and such persons as he feels appropriate.'.

Mr Secretary Prescott

100

Page 4, line 17 [Clause 6], at end insert—

'(4A) In exercising the power under subsection (1), the Secretary of State—

(a) must not make any provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and

(b) must not make any provision—

(i) in relation to legislation made by the National Assembly for Wales, or

(Power to modify enactments concerning plans etc: Wales)

without the consent of the Assembly.

(4B) The National Assembly for Wales may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.'.