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NOTICES RELATING TO PRIVATE BUSINESS DEPOSITED ON Ministerial Reports under SO169A, on the statement of opinion required by SO38(3) 1. Land at Palace Avenue, Kensington (Acquisition of Freehold) Bill Baroness Blackstone, Minister of State, Department of Culture, Media and Sport, has made the following report:
2. London Development Agency Bill Mr Alan Johnson, Minister for Trade and Industry, has made the following report:
Second Readings for Tuesday 29th January *1. Land at Palace Avenue, Kensington (Acquisition of Freehold) Bill 2. London Development Agency Bill 3. Mersey Tunnels Bill [*Bill to be referred to the Examiners]
PRIVATE BUSINESS FOR THURSDAY 24TH JANUARY 2002 Consideration of Bill, as amended City of London (Ward Elections) Bill Amendment to be proposed (by the promoters)
To move the following Clause:— NC1
As Amendments to the proposed New Clause (NC1) (Exclusion of Crown Property)
(a) *Line 1, leave out from 'department' to 'shall' in line 2. (b) *Line 1, after 'other', insert 'government appointed'. (c) *Line 2, after 'Act', insert 'or any institution of the European Union'. (d) *Line 3, at end insert 'unless it has been declared by the Secretary of State to be a qualifying body'. (e) *Line 3, at end insert 'unless the government department or other body has undertaken a ballot of its workforce occupying the premises in respect of which that body's right to appoint voters arises and who work for that body and a majority of its workforce has voted to seek qualification as a qualifying body'. (f) *Line 3, at end insert 'except for the London Development Agency'.
NC2 *To move the following Clause:—
(2) Where an issue is deemed to be of overriding relevance to the resident voters by the Commission, the Corporation shall be empowered to consult those voters by means of a referendum. (3) A referendum under subsection (2) above shall be mandatory upon the Corporation where a petition requesting consultation has been presented to it which has been signed by no less than two-thirds of the voters as defined by section 3(1)(b). (4) The results of any referenda conducted under subsections (2) and (3) above shall be binding upon the Corporation.'.
NC3 *'To move the following Clause:—
31 *Page 1, line 15, [Clause 1], after 'Elections', insert 'and Appointment of Voters.'
32 *Page 1, line 15, [Clause 1], after 'Elections', insert 'and Business Appointments'.
33 *Page 1, line 18, [Clause 2], at end insert—'business electoral college" means a body comprising voters appointed under section 3(1)(c) with responsibility for electing the business voters entitled to vote in ward elections.'.
34 *Page 1, line 19, [Clause 2], leave out 'city of London' and insert—'the geographical area administered by the City Corporation'.
35 *Page 1, line 19, [Clause 2], at end insert—'employees electoral college" means a body comprising voters appointed under section 3(1)(d) with responsibility for electing the employees voters entitled to vote in ward elections.'
36 *Page 1, line 19, [Clause 2], at end insert—'the Convention rights" has the same meaning as in the Human Rights Act 1998'.
Page 2, [Clause 2], leave out lines 1 to 4. 1 Page 2, line 5 [Clause 2], leave out 'occupation"' and insert 'occupying".' 2
As an Amendment to the Promoters' proposed Amendment (No. 2) (Page 2, line 5, [Clause 2])
(a) * Line 1, leave out 'occupying' and insert 'working within'.
3 As an Amendment to the Promoters' proposed Amendment (No. 3) (Page 2, line 5, [Clause 2])
(a) * Line 1, leave out 'premises' and insert 'workplace'. Page 2, line 6 [Clause 2], leave out 'occupation' and insert 'occupying for relevant purposes'.4
(a) * Line 1, leave out 'occupying for relevant purposes' and insert 'by working within'. 37
38
*Page 2, line 6 [Clause 2], leave out from 'there' to end of line 11. 39
*Page 2, line 7 [Clause 2], leave out from 'occupation' to end of line 11 and insert 'through a relevant employee'. 40
*Page 2, line 8 [Clause 2], leave out from 'director' to end of line and insert 'or employee'. 41
*Page 2, line 8 [Clause 2], leave out from 'officer' to end of line 11 and insert 'or employee'. 42
*Page 2 [Clause 2], leave out lines 9 to 11. 43
*Page 2, line 12 [Clause 2], leave out from beginning to end of line 14. 44
*Page 2, line 14 [Clause 2], after '(c. 39)' insert—
45
*Page 2, line 14 [Clause 2], after '(c. 39)' insert—
46
*Page 2, line 14 [Clause 2], at end insert—
47
*Page 2, line 14 [Clause 2], at end insert—
48
*Page 2, line 14 [Clause 2], at end insert—
49
*Page 2, line 14 [Clause 2], at end insert—
50
*Page 2, line 14, [Clause 2], at end insert—
51
*Page 2, line 18 [Clause 2], leave out from first 'body' to end of the line.
Page 2, line 18 [Clause 2], at end insert— 5
As Amendments to the Promoters' proposed Amendment (No 5) (Page 2, line 18 [Clause 2])
(a) * Line 2, leave out 'premises' and insert 'workplace'. (b) * Line 3, leave out 'who work for that body' and insert—
(c) * Line 4, at end, insert 'who are members of a trade union' (d) * Line 4, at end, insert or who are contracted to supply services to that body" 52
*Page 2, line 19 [Clause 2], leave out subsection (2). Amendments to be proposed (by the promoters) Page 2, line 19 [Clause 2], leave out from 'is' to 'shall' in line 20 and insert 'occupying any premises'. 6
(a) * Line 2, leave out 'occupying any premises' and insert—
(b) * Line 2, leave out 'premises' and insert 'workplace'.
Page 2, line 20 [Clause 2], after 'to be', insert 'doing'. 7
53 *Page 2, line 21 [Clause 2], leave out from beginning to end of line 22.Amendment to be proposed (by the promoters) *Page 2, line 21 [Clause 2], leave out from 'of' to end of line 22 and insert 'those premises is occupying them.'. 8
(a) * Line 1, leave out 'those premises is occupying them' and insert 'that workplace is occupying it'.
54
*Page 2, line 25 [Clause 3], at beginning insert—
55
*Page 2, line 25 [Clause 3], at beginning insert—
56
*Page 2, line 25 [Clause 3], at begining insert—
57
*Page 2, line 14 [Clause 3], at beginning insert—
Page 2, line 25 [Clause 3], leave out subsection (1) and insert— 9
or
(1A) The extent of the right to appoint mentioned in section 6(1)(c) of the 1957 Act as depending on the size of the workforce shall be— (a) one for a workforce of up to 5, plus one for every 5 by which a workforce exceeds 5, up to a workforce of 50; and (b) for a workforce that exceeds 50, the number given by paragraph (a), of this subsection plus 1 for every 50 of that excess. (1B) In the case of a workforce of over 5 whose number is not exactly divisible by 5 or 50, as the case may be, the remainder shall be disregarded for the purposes of subsection (1A) above.'. As Amendments to the Promoters' proposed Amendment (Amendment 9) (Page 2, line 25 [Clause 3],)
(a) * Line 4, leave out from 'persons' to 'a' and insert 'elected as voters by a ballot of the workforce of'. (b) * Line 4, leave out from 'persons' to 'a' and insert 'elected as voters subject to (1C) below, by a ballot of the workforce of'. (c) * Line 5, leave out from 'ordinarily' to 'situated' and insert 'works within any workplace'. (d) * Line 10, after first '5', insert 'trade union members'. (e) * Line 10, after second '5', insert 'trade union members'. (f) * Line 11, after '5', insert 'trade union members'. (g) * Line 11, after '50', insert 'trade union members'. (h) * Line 12, after '50', insert 'trade union members'. (i) * Line 13, after '50', insert 'trade union members'. (j) * Line 13, at end insert—
(k) * Line 14, after '5', insert 'trade union members'. (l) * Line 16, at end insert—
(b) capable of being transferred to the next choice when the vote is not needed to give a prior choice the necessary quota of votes or when a prior choice is eliminated from the list of candidates because of a deficiency in the number of votes given for him.'. (m) * Line 16, at end insert—
58
*Page 2, line 28 [Clause 3], leave out from beginning to end of line 37.
59
*Page 2, line 28 [Clause 3], leave out 'is ordinarily in occupation' and insert—'has been ordinarily in occupation for no less than 5 years'.
60
*Page 2, line 28 [Clause 3], leave out 'or tenant'.
61
*Page 2, line 31 [Clause 3], leave out '£200' and insert '£1,000,000'.
62
*Page 2, line 31 [Clause 3], leave out '£200' and insert '£500'.
63
*Page 2, line 31 [Clause 3], leave out '£200' and insert 'the determined rateable value'.
64
*Page 2, line 32 [Clause 3], leave out from 'ward' to end of line 37.
65
*Page 2, line 32, [Clause 3],
66
*Page 2, line 32, [Clause 3], after 'ward', insert—'or in any ward in any London borough in which the City of London Corporation owns and manages property or facilities for public use other than the Traffic Control Systems Unit.'.
67
*Page 2, line 33, [Clause 3], leave out from 'is' to 'which' and insert—'a relevant employee of the qualifying body elected as a voter by the relevant employees of that qualifying body'.
68
*Page 2, line 33, [Clause 3], leave out from 'person' to second 'a' and insert 'elected from the business electoral college comprising voters appointed by'.
69
*Page 2, line 33, [Clause 3], leave out from 'person' to ordinarily in line 34 and insert—'elected from the business electoral college comprising voters appointed by the qualifying bodies which are'.
70
*Page 2, line 34, [Clause 3], leave out 'is ordinarily in occupation' and insert 'has been ordinarily in occupation for no less than 5 years'.
71
*Page 2, line 34, [Clause 3], leave out 'or tenant'.
72
*Page 2, line 37, [Clause 3], leave out '£200' and insert '£1,000,000'.
73
*Page 2, line 37, [Clause 3], leave out '£200' and insert '£500'.
74
*Page 2, line 37, [Clause 3], after '£200', insert 'and which has conducted a ballot of its relevant employees to determine the person to be appointed as a voter'.
75
*Page 2, line 37, [Clause 3], after '£200', insert 'following a ballot of its shareholders or members to determine the appointment of the person appointed as its voter'.
76
*Page 2, line 37, [Clause 3], leave out '£200' and insert 'the determined rateable value'.
77
*Page 2, line 37, [Clause 3], at end insert—'(d) is a person elected from the employees electoral college comprising voters who are employees of a qualifying body which is ordinarily in occupation for relevant purposes as owner or tenant of the whole or part of a hereditament situated in that ward which is shown in the local non-domestic rating list as having a rateable value of not less than £200'.
78
*Page 2, line 37, [Clause 3], at end insert—'(e) the employees' electoral college shall reflect the range of occupations operating within the City of London, and shall comprise relevant occupational constituencies for which an employee must register based upon his/her principal occupation as defined under the DFES Standard Occupational Classification Major Groups; and the proportion of voters to be elected from an occupational constituency shall be determined in proportion to the number of employees registering for a particular occupational constituency in relation to the total registrations.'.
79
*Page 2, line 37, [Clause 3], at end insert—
80
*Page 2, line 37, [Clause 3], at end insert—'(d) is a person who has been an employee of a qualifying body for no less than two years.'.
81
*Page 2, line 37, [Clause 3], at end insert—'(1A) The number of business voters elected from the business electoral college shall be no more than 2000.'.
82
*Page 2, line 37, [Clause 3], at end insert—'(1B) The number of employee voters elected from the Employees' Electoral College shall be no more than 2000.'.
83
*Page 2, line 40, [Clause 3], after 'year', insert—'except for electors appointed under subsections 3(1)(a) and 3(1)(c) above, for whom the qualifying date is 1st September in the second preceding year,'.
84
*Page 2, line 41, [Clause 3], at end insert—'(2A) —(1) For the election of voters to represent the business operational and occupational constituencies within the electoral colleges, each vote in the poll shall be a single transferable vote.(2)A single transferable vote is a vote—(a)
85
*Page 2, line 44, [Clause 3], leave out from second 'year' to end of line and insert 'determined by ballot of the voters qualified to vote as in section 3(1)(b) above'.
86
*Page 3, line 1, [Clause 3], leave out paragraph (b).Amendment to be proposed (by the promoters)Page 3, line 6, [Clause 3], leave out from 'of' to 'of' in line 7 and insert 'section 6 of the 1957 Act, any premises partly situated in each of two or more wards'.
10
87
*Page 3, line 8, [Clause 3], leave out from 'greater' to end of line 9 and insert 'number of employees of the qualifying body.'.Amendment to be proposed (by the promoters)Page 3, line 9, [Clause 3], leave out 'hereditament' and insert 'premises'.
11 As an Amendment to the Promoters' proposed Amendment, (No 11) (Page 3, line 9 [Clause 3]) (a) *
Line 1, leave out 'premises' and insert 'workplace'. Page 3, line 10, [Clause 3], leave out subsections (6) to (8) and insert—
12 '( ) Where, apart from this subsection, sections 6(1)(a) and 6(1)(c) of the 1957 Act would both apply in relation to the same premises, only sections 6(1)(a) shall apply in relation to those premises.'. As an Amendment to the Promoters' proposed Amendment, Amendment (No 12) (Page 3, line 10 [Clause 3]) * Line 2, leave out second '6(1)(a)', and insert '6(1)(c)'. (b)* Line 3, leave out 'premises' and insert 'workplace'.
88
*Page 3, line 10, [Clause 3], leave out from beginning to end of line 18.
89
*Page 3, line 13, [Clause 3], leave out 'appoint' and insert 'elect'.
90
*Page 3, line 17, [Clause 3], after 'values', insert 'the number of relevant employees.'
91
*Page 3, line 18, [Clause 3], leave out 'appoint' and insert 'elect'.
92
*Page 3, line 18, [Clause 3], at end insert 'subject to subsections (1A) and (1B) above'.
93
*Page 3, line 22, [Clause 3], after 'Elections', insert 'and Appointment of Voters'.
94
*Page 3, line 22, [Clause 3], at end insert—'(8A) This section shall not come into effect until the Corporation has reported to the Secretary of State that it has by a referendum gained consent to the qualification set out in subsection 3(1) above; and those entitled to vote in the referendum shall be those listed on the electoral register as resident in a ward of the City on the day that notice of the referendum is given.'.
95
*Page 3, line 24, leave out Clause 4.
96
*Page 3, line 24, [Clause 4], leave out 'appoint' and insert 'elect'.Amendment to be proposed (by the promoters)13Page 3, line 25, [Clause 4], leave out 'section 3(1)(c) above' and insert 'section 6(1)(c) of the 1957 Act'.
97
*Page 3, line 25, [Clause 4], leave out from 'shall' to end of line 27 and insert 'conduct a ballot of all relevant employees to elect its voter or voters'.Amendment to be proposed (by the promoters)14Page 3, line 26, [Clause 4], leave out second 'the' and insert 'its'.
98
*Page 3, line 27, [Clause 4], after 'workforce', insert 'including gender, race and disability'.
99
*Page 3, line 27, [Clause 4], after 'workforce' insert—'in consultation with the Commission for Racial Equality, Women's National Commission and any other bodies designated by the Secretary of State'.
100
*Page 3, line 27, [Clause 4], after 'workforce', insert—'subject to the verification to this effect of the Commission for Racial Equality and any other such bodies which shall be designated from time to time by the Secretary of State'.
101
*Page 3, line 27, [Clause 4], after 'workforce', insert—'and to this end will conduct a ballot of its workforce to elect that person or persons to serve as a voter or voters for that qualifying body.'.
102
*Page 3, line 27, [Clause 4], at end insert—'and such appointments shall be made following consultation with the recognised Trade Unions or a body or bodies representing staff, or any proportion of staff'.Amendment to be proposed (by the promoters)15Page 3, line 28, [Clause 4], leave out subsection (2).
103
*Page 3, line 30, [Clause 4], leave out 'appoint' and insert 'elect'.
104
*Page 3, line 33, leave out Clause 5.
105
*Page 3, line 33, [Clause 5], leave out 'appointed' and insert 'elected'.Amendment to be propsed (by the promoters)16Page 3, line 33, [Clause 5], leave out 'section 3(1)(c) above' and insert 'section 6(1)(c) of the 1957 Act'.
106
*Page 3, line 36, [Clause 5], leave out from 'him;' to end of line 40.
107
*Page 4, line 1, [Clause 5], leave out 'appoint' and insert 'elect'.
108
*Page 4, line 2, [Clause 5], after 'months', insert—'; and(c) he has submitted a declaration to the town clerk of interests and membership of any bodies, including masonic lodges, which may lead to any conflict of interest as a voter.'.
109
*Page 4, line 3, [Clause 5], leave out subsection (3).
110
*Page 4, line 9, [Clause 5], leave out subsection (4).
111
*Page 4, line 12, [Clause 5], leave out subsection (5).
112
*Page 4, line 13, [Clause 5], after 'shall', insert—'if he has been a member of that board of directors on that governing body for no less than 2 years prior to the qualifying date.'.Amendment to be proposed (by the promoters)17Page 4, line 16, [Clause 5], leave out 'hereditament (or part)' and insert 'premises'. As an Amendment to the Promoters' proposed Amendment (No 17) (Page 4, line 16 [Clause 5]) John McDonnellJeremy Corbyn Mr Kelvin Hopkins John Cryer Ms Diane Abbott Mr Alan Simpson Mr Neil Gerrard(a) * Line 2, leave out 'premises', and insert 'workplace'. Amendment to be proposed (by the promoters)18Page 4, line 16, [Clause 5], leave out from 'which' to 'arises' in line 17 and insert 'that qualifying body's right to appoint'.As an Amendment to its Promoters' proposed Amendment (No 18) (page 4, line 16 [Clause 5]) John McDonnellJeremy Corbyn Mr Kelvin Hopkins John Cryer Ms Diane Abbott Mr Alan Simpson Mr Neil Gerrard(a) * Line 2, at end insert 'or to submit him as a candidate in a ballot of the workforce'. Amendment to be proposed (by the promoters)19Page 4, line 18, leave out Clause 6.
113
*Page 4, line 24, [Clause 7], leave out '5' and insert '2'.
114
*Page 4, line 24, [Clause 7], leave out '5' and insert '3'.
115
*Page 4, line 24, [Clause 7], leave out from 'year,' to 'a' in line 25 and insert 'the Secretary of State shall establish a committee comprising representatives of the City Corporation, the Greater London Authority and the boroughs to prepare'.<
116
*Page 4, line 27, [Clause 7], at end insert 'no later than six months after the appointment of the said committee'.
117
*Page 4, line 28, [Clause 7], leave out 'The Corporation' and insert 'The committee'.
118 *Page 4, line 28, [Clause 7], leave out from 'reports,' to 'and' in line 29 and insert 'every 5 years thereafter;'.
119 *Page 4, line 29, [Clause 7], after 'require', insert 'but no later than every two years after the laying before Parliament of the previous report'.
120
*Page 4, line 30, [Clause 7], at end insert—'(2A) Prior to the preparation of any report under subsection (1) or (2) above, each voter qualified under section 3(1)(b) shall be sent a notice by the town clerk inviting representations within a period of twenty-eight days; and any such representation received shall be listed in the report, and kept available for public inspection and duplication for six months from the date of publication of the report.'.
121
*Page 4, line 32, [Clause 7], at end insert—'(4) Such report shall contain information on any consultations undertaken by the Corporation with persons entitled to vote at ward elections in the City of London on any further proposals with respect to altering the qualifications of voters at such elections.'.
122
*Page 4, line 32, [Clause 7], at end insert—'(5) Such report shall be distributed by the City Corporation to every person entitled to vote at such elections.'.
123
*Page 4, line 32, [Clause 7], at end insert—'(6) Prior to the submission of such report to the Secretary of State, the City Corporation shall consult on its contents with the Mayor of London, the Greater London Authority, the boroughs and the Electorial Commission.'.
124
*Page 4, line 36, [Clause 8], after 'bodies' insert 'and their relevant employees'.Amendment to be proposed (by the promoters)20Page 5, line 1, [Clause 8], leave out 'hereditament or part of a hereditament' and insert 'premises'. As an Amendment to the Promoters' proposed Amendment (No 20) (Page 5, line 1, [Clause 8]),
(a) * Line 2, leave out premises" and insert workplace".
125
*Page 5, line 3, [Clause 8], leave out 'appoint' and insert 'elect'.Amendment to be proposed (by the promoters)21Page 5, line 4, [Clause 8], leave out 'Schedule 1 to this Act' and insert 'section 3(1A) above' As an Amendment to the Promoters' proposed Amendment (No 21) (Page 5, Line 4 [Clause 8],
(a) * Line 2, at end insert a list of the names of those persons comprising the workforce of that body; and"
*Page 5, line 6, [Clause 8], leave out 'appointed' and insert 'elected'.Amendment to be proposed (by the promoters)22Page 5, line 7, [Clause 8], leave out 'section 3(1)(c) above' and insert 'section 6(1)(c)of the 1957 Act'. As an Amendment to the Promoters' proposed Amendment (No 22) (Page 5, line 7 [Clause 8]), (a) * Line 2, at end insert—and the result of any ballot of the workforce of the qualifying body setting out the number of votes cast for each candidate"
127 *Page 5, line 7, [Clause 8], at end insert—'(c) stating the relevant employees registered to vote in the election of the voters pursuant to section 3(1)(c) above and the procedure for the election of the voters.'.
128 *Page 5, line 9, [Clause 8], leave out 'appointed' and insert 'elected'.
129 *Page 5, line 10, [Clause 8], leave out 'appointment' and insert 'election'.Amendments to be proposed (by the promoters)23Page 5, line 14, [Clause 8], after 'Act' insert 'shall'.24Page 5, line 20, [Clause 9], leave out 'third' and insert 'second'.25Page 6, line 1, leave out Schedule 1.
130 *Page 6, line 6, [Schedule 1], leave out from beginning to end of line 34 on page 7.
131 *Page 6, line 7, [Schedule 1], leave out 'appoint' and insert 'elect'.
132 *Page 6, line 8, [Schedule 1], leave out from 'calculated' to end of line 23 and insert—'in proportion to the rateable value of the hereditament occupied by the qualifying body, so that the sum total of persons qualified to vote at ward elections on the basis of sections 3(1)(a) and 3(1)(c) of this Act does not exceed the total of persons qualified to vote at ward elections on the basis of being residents of the City'.
133 *Page 6, line 8, [Schedule 1], leave out from 'scale;' to end of line 23 and insert— Number of Relevant Employees Maximum Number of Persons whom that Body may Elect Up to 1,0001. For every 1,000 over the first 1,000 1 for every thousand relevant employees.
134 *Page 6, line 8, [Schedule 1], leave out from 'scale;' to end of line 23 and insert—'One voter for the first £1,000,000 rateable value and one voter for every £1,000,000 rateable value hereditament thereafter up to a maximum of 10 voters'.
135 *Page 6, line 10, [Schedule 1], in second column leave out 'appoint' and insert 'elect'.
136 *Page 6, line 25, [Schedule 1], leave out 'appointment' and insert 'election'.
137 *Page 6, line 26, [Schedule 1], leave out 'rateable value' and insert 'number of relevant employees'.
138 *Page 6, line 29, [Schedule 1], leave out 'appoint'and insert 'elect'.
139 *Page 7, line 39, [Schedule 1], leave out 'appoint' and insert 'elect.'
140 *Page 7, line 42, [Schedule 1], leave out 'appoint' and insert 'elect.'
141 *Page 8, line 4, [Schedule 1], leave out 'appoint' and insert 'elect.'
142 *Page 8, line 10, [Schedule 1], leave out 'appointment' and insert 'election.'
143 *Page 8, line 25, [Schedule 1], leave out paragraph 14.Amendments to be proposed (by the promoters)26Page 9, line 24, [Schedule 2], at end insert—'7
(a) *
144 *Page 1, line 3, [Preamble], after '(c. x)' insert 'and is not based upon universal adult suffrage.'
145 *Page 1, line 4, [Preamble], leave out 'expedient' and insert 'in the interests of certain commercial occupiers of premises within the City of London'.
146 *Page 1, line 4, [Preamble], leave out 'expedient' and insert 'open to debate'.
147 *Page 1, line 7, [Preamble], leave out 'expedient' and insert 'open to debate'.
148 *Page 1, [Long title], after 'elections' to insert 'and the appointment of voters'.
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