Amendments proposed to the Local Government Bill [Lords], As Amended - continued	House of Commons
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Mr Archie Norman
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson

33

Page     72,     line     11     [Clause     94],     leave out 'pensions,'.

   

Mr Secretary Prescott

190

Page     72,     line     23     [Clause     94],     leave out from 'State' to end of line 25.

   

Mr Don Foster
Mr Adrian Sanders

52

Page     72     [Clause     94],     leave out lines 26 and 27.

   

Mr Secretary Prescott

191

Page     72,     line     26     [Clause     94],     leave out '"executive" and "executive arrangements" have' and insert '"executive arrangements" has'.

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

7

Page     74,     line     2     leave out Clause 98.

   

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

90

Page     74,     line     25     [Clause     99],     after '10(5),', insert '21,'.

   

Mr Secretary Prescott

192

Page     74,     line     40     [Clause     100],     at end insert—

    '(3) Any reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 to an Act which is amended by this Act is to be treated as referring to that Act as amended by this Act.

    (4) Subsection (3) does not affect the power to make further Orders varying or omitting that reference.'.

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Mr Secretary Prescott

211

Page     75,     line     40     [Clause     102],     leave out subsections (5) and (6) and insert—

    '( ) The Secretary of State may by order provide—

( ) for paragraphs 17 and 18 of Schedule 3 to come into force before the time appointed by subsection (4),

( ) for paragraph 26 of Schedule 4 to come into force before the time appointed by that subsection,

( ) for any of the provisions of Part III of this Act so far as they relate to police authorities in Wales to come into force before the time appointed by that subsection, or

( ) for any of the other provisions mentioned in that subsection to come into force in relation to England before the time apppointed by that subsection.

    ( ) The National Assembly for Wales may by order provide—

( ) for paragraph 26 of Schedule 4 to come into force before the time appointed by subsection (4), or

( ) for any of the other provisions mentioned in that subsection to come into force in relation to Wales before the time apppointed by that subsection.'.

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Mr Secretary Prescott

193

Page     76,     line     9     [Clause     103],     leave out 'This section and'.

   

Mr Secretary Prescott

194

Page     76,     line     10     [Clause     103],     at beginning insert 'This section'.

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NEW SCHEDULE

   

Mr Secretary Prescott

NS1

*To move the following Schedule:—

'SCHEDULE

AMENDMENTS TO THE 1972 ACT

    1.—(1) Section 2 of the Local Government Act 1972 (constitution of principal councils in England) is amended as follows.

    (2) After subsection (2) there is inserted—

    "(2A) Where a council mentioned in subsection (1) or (2) above are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors."

    2.—(1) Section 21 of that Act (constitution of principal councils in Wales) is amended as follows.

    (2) After subsection (1) there is inserted—

    "(1A) Where a council falling within subsection (1) are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the council shall consist of an elected mayor, a chairman and councillors."

    3.—(1) Section 25A of that Act (title of chairman or vice-chairman of county borough council) is amended as follows.

    (2) After subsection (2) there is inserted—

    "(3) This section does not apply where a county borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive."

    4.—(1) Section 245 of that Act (status of certain districts, parishes and communities) is amended as follows.

    (2) After subsection (1) there is inserted—

    "(1A) Subsection (1)(b) does not apply where the council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive."

    5.—(1) Schedule 2 to that Act (constitution and membership of London borough councils) is amended as follows.

    (2) After paragraph 5 there is inserted—

    "5A. Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive—
(a) the council shall consist of an elected mayor, a chairman and councillors,
(b) for any reference in paragraphs 2 to 5 above to 'mayor' (except in the expression 'deputy mayor') there is to be substituted 'chairman',
(c) for any reference in paragraph 5 above to "deputy mayor" there is to be substituted "vice-chairman".".'.

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Mr Secretary Prescott

195

Page     77,     line     13     [Schedule     1],     after 'he' insert 'resigns as deputy mayor or'.

   

Mr Secretary Prescott

196

Page     77,     line     31     [Schedule     1],     at end insert—

    '( ) The executive arrangements may include provision with respect to—

(a) the election and term of office of the executive leader, and

(b) the appointment and term of office of members of the executive appointed under section 10(3)(b)(ii).'.

   

Mr Secretary Prescott

197

Page     77,     line     42     [Schedule     1],     at end insert—

    '( ) The executive arrangements may include provision with respect to the appointment and term of office of the council manager.'.

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Mr Secretary Prescott

198

Page     78,     line     4     [Schedule     1],     after 'he' insert 'resigns as deputy mayor or'.

   

Mr Secretary Prescott

199

Page     78,     line     46     [Schedule     1],     leave out paragraph (a).

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Mr Secretary Prescott

220

*Page     79,     line     6     [Schedule     1],     after 'executive,', insert 'which is held in private'.

   

Mr Secretary Prescott

200

Page     79,     line     15     [Schedule     1],     leave out sub-paragraph (4).

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Mr Secretary Prescott

201

Page     81,     line     37     [Schedule     1],     at beginning insert 'Except for the expression "local authority",'.

   

Mr Secretary Prescott

202

Page     81,     line     37     [Schedule     1],     leave out '9' and insert '10'.

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Mr Don Foster
Mr Adrian Sanders

54

Page     82     [Schedule     2],     leave out lines 5 to 22 and insert—

    '(2) The candidate with the fewest number of first preference votes is eliminated, and the second preference votes given for the candidate shall be ascertained.

    (3) The second preference votes under sub-paragraph (2) above shall be transferred to the other candidates, being added to the first preference votes cast for the other candidates.

    (4) If, following the re-calculation under sub-paragraph (3) above, none of the candidates receives more than half of the votes, the remaining candidate with the fewest number of votes is eliminated and the procedure in sub-paragraphs (2) and (3) above is carried out.

    (5) The process continues until one candidate has received more than half of all the votes, and that person shall be returned as mayor.'.

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Mr Secretary Prescott

203

Page     87,     line     33     [Schedule     4],     at end insert—

    '. In section 86 of that Act (declaration by local authority of vacancy in office in certain cases), in subsection (1)(b) after "1998" there is inserted "or section 76 of the Local Government Act 2000".

    . In section 87(1) of that Act (date of casual vacancies)—

(a) after paragraph (e) there is inserted—

"(ee) in the case of a disqualification under section 76 of the Local Government Act 2000, on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant decision under that section or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;",

(b) in paragraph (f), for "(e)" there is substituted "(ee)".

   

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

91

Page     87,     line     34     [Schedule     4],     at end insert—

    '. In section 100A of that Act (Admission to meetings of principal councils), in subsection (6)(a), for "three" there is substituted "five".'.

Prepared 30 Jun 2000