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Amendment Paper as at
Wednesday 5th July 2000

CONSIDERATION OF BILL


LOCAL GOVERNMENT BILL [LORDS]

NOTE

The Amendments have been arranged in accordance with the Order of the House [4th July].

NEW CLAUSE RELATING TO REPEAL OF SECTION 2A OF THE LOCAL GOVERNMENT ACT 1986

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.'.


AMENDMENTS TO CLAUSES 98 TO 101

   

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
Mr John McDonnell

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.'.


AMENDMENTS RELATING TO SCHEDULES 4 AND 5

   

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
Mr John McDonnell

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".'.

   

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

92

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

    '. In section 100B of that Act (Access to agenda and connected reports)—

      (a) in subsection (3), for "three" there is substituted "five"

   

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

93

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

    '. In section 100D of that Act (Inspection of Background Papers)—

      (a) in subsection (1) leave out from "members of the public—" to the end and insert—

          "(a) a list of the background papers for the report or the part of the report shall be attached to or included in the report, and

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

      (b) in subsection (2) omit the words "of the list, or",

      (c) in subsection (2) after "included in the list" omit ",".'.

      (b) in subsection (4)(a), for "three" there is substituted "five"'.

   

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

94

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

    '. In section 100I of that Act (Exempt information and power to vary Schedule 12A), after subsection (2) insert—

    "(2A) The Secretary of State may by order substitute for the reference to 'three clear days' in sections 100A and 100B such greater number of days as may be specified in the order.".'.


   

Mr Secretary Prescott

204

Page     89,     line     25     [Schedule     4],     at end insert—

    '( ) After that subsection there is inserted—

            "(8A) Any reference in this section to the duties of a monitoring officer imposed by this section, or to the duties of a monitoring officer under this section, shall include a reference to the functions which are conferred on a monitoring officer by virtue of Part III of the Local Government Act 2000."'.


   

Mr Secretary Prescott

205

Page     90,     line     31,     column     3     [Schedule     5],     at end insert 'In section 100D(2), "of the list, or".


   

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

4

Page     91     [Schedule     5],     leave out lines 20 and 21.

   

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

5

Page     91     [Schedule     5],     leave out line 28.


AMENDMENTS TO CLAUSES 102 AND 103

   

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

6

Page     75,     line     9     [Clause     102],     leave out from beginning to end of line 14 and insert 'paragraph 63 of Schedule 37 to the Education Act 1996'.

   

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.'.


   

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'.


    LOCAL GOVERNMENT BILL [LORDS] (PROGRAMME)

    Mr Secretary Prescott
Margaret Beckett
Sir George Young
Mr Paul Tyler

    That the following provisions shall apply to the remaining proceedings on the Local Government Bill [Lords]:—

Report and Third Reading

    1. Proceedings on Consideration and Third Reading shall be completed in two allotted days and shall, if not previously concluded, be brought to a conclusion three hours after the commencement of proceedings on the Bill on the second of those days.

Proceedings on Consideration

    2.     (1) Subject to the Speaker's powers to select the amendments, new Clauses and new Schedules to be proposed, the proceedings to be taken on consideration on each of the two allotted days shall be as shown in the second column of the Table in sub-paragraph (2) below and shall be taken in the order so shown.

    (2) Each part of the proceedings on those days shall, if not previously brought to a conclusion, be brought to a conclusion at the time specified in relation to that part of the proceedings in the third column of the Table.

TABLE

Allotted day
Proceedings
Time for conclusion of proceedings
First day
New Clauses relating to Part I,
New Schedules so relating,
Amendments to Clauses 1 to 8.
One and one-half hours after the commencement of proceedings on this Order.

New Clauses relating to Part II, other than Clauses relating to access to information,

New Schedules relating to Part II, other than Schedules relating to access to information,

Amendments to Clauses 9 to 20

Three hours after the commencement of
proceedings on this Order.
New Clauses relating to access to information,

New Schedules so relating,

Amendments to Clauses 21 and 22,

Amendments to Schedule 1,

Amendments to Clauses 23 to 40,

Amendments to Schedule 2,

Amendments to Clauses 41 to 45

Four and one-half hours after the commencement of proceedings on this Order.
New Clauses relating to Part III,

New Schedules so relating,

Amendments to Clauses 46 to 54.

Amendments to Schedule 3,

Amendments to Clauses 55 to 80

Five and one-quarter hours after the commencement of proceedings on this Order.
New Clauses relating to proportional representation,

New Schedules so relating,

New Clauses relating to Part IV,

New Schedules so relating,

Amendments to Clauses 81 to 86,

New Clauses relating to Part V, other than Clauses relating to pensions and allowances or to the repeal of section 2A of the Local Government Act 1986,

New Schedules relating to Part V, other than Schedules relating to pensions and allowances or to the repeal of section 2A of the Local Government Act 1986,

Amendments to Clauses 87 to 93.

Six hours after the commencement of
proceedings on this Order.

New Clauses relating to pensions and allowances,

New Schedules so relating,

Remaining new Clauses other than Clauses relating to the repeal of section 2A of the Local Government Act 1986,

Remaining new Schedules other than Schedules relating to the repeal of section 2A of the Local Government Act 1986,

Amendments to Clauses 94 to 97

Six and three-quarter hours after the commencement of proceedings on this Order.

Second day
New Clauses relating to the repeal of section 2A of the Local Government Act 1986,

New Schedules so relating.

Amendments to Clauses 98 to 101,

Amendments to Schedules 4 and 5,

Amendments to Clauses 102 and 103.

Two and one-quarter hours after the commencement of proceedings on the Bill on the second day.

Conclusion of proceedings

    3.—(1) For the purpose of concluding any proceedings which are bought to a conclusion at the time appointed by this Order, the Speaker shall forthwith put the following Questions (but no others)—

      (a) any Question already proposed from the Chair;

      (b) any Question necessary to bring to a decision a Question so proposed;

      (c) the Question on any amendment moved or Motion made by a Minister of the Crown;

      (d) any other Question necessary for the disposal of the business to be concluded;

    (2) Proceedings under sub-paragraph (1) above shall not be interrupted under any Standing Order relating to sittings of the House and may be decided, though opposed, at any hour.

    (3) On a Motion made for a new Clause or a new Schedule, the Speaker shall put only the Question that the Clause or Schedule be added to the Bill.

    (4) If two or more Questions would fall to be put under sub-paragraph (1)(c) on amendments moved or Motions made by a Minister of the Crown, the Speaker shall instead put a single Question in relation to those amendments or Motions.

Miscellaneous

    4. Paragraph (1) of Standing Order No. 15 (Exempted business) shall apply to proceedings on the Bill at today's sitting.

    5. Standing Order No. 82 (Business Committee) shall not apply to proceedings on the Bill.

    6. If on an allotted day a Motion for the adjournment of the House under Standing Order No. 24 (Adjournment on specific and important matter that should have urgent consideration) stands over from an earlier day or to Seven o'clock—

      (a) the bringing to a conclusion of any proceedings on the Bill which under this Order are to brought to a conclusion on that day after that time shall be postponed for a period equal to the duration of the proceedings on the Motion, and

      (b) paragraph (1) of Standing Order No. 15 (Exempted business) shall apply to proceedings on the Bill for the period after Ten o'clock on that day for which sub-paragraph (a) permits them to continue.

    7.—(1) Any private business which has been set down for consideration at Seven o'clock on an allotted day shall, instead of being considered as provided by Standing Orders, be considered at the conclusion of the proceedings on the Bill on that day.

    (2) Paragraph (1) of Standing Order No. 15 (Exempted business) shall apply to the private business for a period of three hours from the conclusion of the proceedings on the Bill or, if those proceedings are concluded before Ten o'clock, for a period equal to the time elapsing between Seven o'clock and the conclusion of those proceedings.

Supplementary provisions

    8. In this Order "allotted day" means today or any other day on which the Bill is put down on the main buisness as first Government Order of the Day.

    9. If any Motion is made by a Minister of the Crown to amend this Order so as to provide a greater amount of time for proceedings on the Bill under paragraph 1 or 2 of this Order, the Question thereon shall be put forthwith and may be decided, though opposed, at any hour.


 
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©Parliamentary copyright 2000
Prepared 5 Jul 2000