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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.'.
Application for locally developed arrangements
Mr Don Foster
Mr Adrian Sanders
Mr John McDonnell
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.'.
NEW SCHEDULE RELATING TO PART II OTHER THAN SCHEDULES RELATING TO ACCESS TO INFORMATION
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".".'.
AMENDMENTS TO CLAUSES 9 TO 20
Mr Archie Norman
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
1
Page 5, line 32 [Clause 9], after 'authority', insert 'which determines to adopt executive arrangements'.
Mr Archie Norman
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
2
Page 5, line 40 [Clause 10], leave out 'The' and insert 'An'.
Mr Archie Norman
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
3
Page 5, line 40 [Clause 10], leave out 'must' and insert 'may'.
Mr Archie Norman
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
56
Page 6, line 34 [Clause 10], at end insert—
'( ) The authority may determine the title to be used for the position of mayor under this Act.'.
Mr Archie Norman
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
57
Page 6, line 43 leave out Clause 11.
Mr Secretary Prescott
101
Page 9, line 1 [Clause 12], leave out paragraph (b) and insert—
'( ) may be discharged only in accordance with any provisions made by or under this Part which apply to the discharge of any such function by that form of executive.'.
Mr Secretary Prescott
102
Page 9, line 3 [Clause 12], at beginning insert 'Accordingly'.
Mr Archie Norman
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
58
Page 9, line 44 [Clause 13], after 'executive', insert—
'( ) by a committee of the authority.'.
Mr Archie Norman
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
59
Page 10, line 29 [Clause 14], after 'executive', insert—
'( ) a committee of the authority.'.
Mr Secretary Prescott
103
Page 11, line 10 [Clause 14], after 'makes' insert 'or has made'.
Mr Secretary Prescott
104
Page 11, line 11 [Clause 14], leave out 'at that or any subsequent time'.
Mr Archie Norman
Mr Nigel Waterson
Mr Tim Loughton
Sir Paul Beresford
Mr David Curry
Mr Peter Atkinson
60
Page 11, line 31 [Clause 15], after 'executive', insert—
'( ) by a committee of the authority.'.
Mr Secretary Prescott
105
Page 11, line 34 [Clause 15], leave out 'exercise' and insert 'discharge'.
Mr Secretary Prescott
106
Page 12, line 23 [Clause 17], leave out from 'authority' to end of line 33 and insert 'which satisfies the conditions in subsection (4),'.
Mr Secretary Prescott
107
Page 12, line 34 [Clause 17], at end insert—
'(4) A committee or sub-committee of a local authority satisfies the conditions in this subsection if—
(a) the committee or sub-committee is established to discharge functions in respect of part of the area of the authority,
(b) the members of the committee or sub-committee who are members of the authority are elected for electoral divisions or wards which fall wholly or partly within that part, and
(c) either or both of the conditions in subsection (5) are satisfied in relation to that part.
(5) Those conditions are—
(a) that the area of that part does not exceed two-fifths of the total area of the authority,
(b) that the population of that part, as estimated by the authority, does not exceed two-fifths of the total population of the area of the authority as so estimated.'
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