S.C.A.
NOTICES OF AMENDMENTS
given up to and including
Tuesday 28th January 2003
New Amendments handed in are marked thus *
STANDING COMMITTEE A
LOCAL GOVERNMENT BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [21st January].
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed to the following Resolution at its meeting on 28th January 2003 (Sessional Order C relating to Programming (28th June 2001)):—
That the Order of the Committee [21st January] be amended, in the Table, by—
(1) leaving out '1st to 6th' and inserting '1st to 7th';
(2) leaving out '5 p.m. at 6th sitting' and inserting '11.25 a.m. at 7th sitting';
(3) leaving out '7th to 11th' and inserting '8th to 11th'.
Mr Nick Raynsford has given notice of his intention to move a Motion in the terms of the Resolution of the Programming Sub-Committee (Sessional Order C(9) relating to Programming (28th June 2001)).
Clause No. 11 (Use of capital receipts).
Amendment (No. 66) proposed, in page 5, line 4, at the beginning, to insert the words 'Subject as provided in subsection (2).'—(Mr Philip Hammond.)
Question proposed, That the Amendment be made.
Mr Edward Davey
Dr John Pugh
Sue Doughty
59
Clause 11, page 5, line 4, leave out from 'State' to end of line 5 and insert 'shall not in any circumstances interfere in the use of capital receipts by local authorities.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
69
Clause 11, page 5, line 4, after 'use' insert 'by a local authority'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
70
Clause 11, page 5, line 5, leave out 'a' and insert 'that'.
Mr Edward Davey
Dr John Pugh
Sue Doughty
60
Clause 11, page 5, line 6, leave out subsection (2).
Mr Edward Davey
Dr John Pugh
Sue Doughty
61
Clause 11, page 5, line 6, leave out from beginning to end of line 22.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
67
Clause 11, page 5, line 6, leave out 'in particular'.
Mr Edward Davey
Dr John Pugh
Sue Doughty
51
Clause 11, page 5, line 7, leave out from beginning to end of line 10.
Mr Edward Davey
Dr John Pugh
Sue Doughty
David Davis
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
62
Clause 11, page 5, line 11, leave out from beginning to end of line 12.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
3
Clause 11, page 5, line 11, leave out from 'requiring' to 'of' and insert 'such amount as the Secretary of State shall specify, being not more than 20 per cent.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
40
Clause 11, page 5, line 12, at end insert—
'(c) make provision requiring an amount not exceeding sixty per cent. of a capital receipt to be used only to meet capital expenditure in connection with the local authority's functions under part II of the Housing Act 1985 (provision of housing).'.
Mr Edward Davey
Dr John Pugh
Sue Doughty
63
Clause 11, page 5, line 12, at end insert—
'(2A) Regulations made under subsection (2)(b) may only include the following in relation to payments to the Secretary of State—
| (a) | in relation to the disposal of dwellings, the maximum amount that can be specified is 25 per cent. of the capital receipt; and |
| (b) | in relation to the disposal of any other asset, the maximum amount that can be specified is 15 per cent. of the capital receipt.'. |
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
39
Clause 11, page 5, line 14, after '2(b)', insert 'and 2(c)'.
Mr Nick Raynsford
25
Clause 11, page 5, line 15, after 'of', insert 'an interest in'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
41
Clause 11, page 5, line 20, leave out subsection (5).
Mr Edward Davey
Dr John Pugh
Sue Doughty
64
Clause 14, page 6, line 19, after 'may', insert 'reasonably'.
Mr Edward Davey
Dr John Pugh
Sue Doughty
65
Clause 14, page 6, line 19, at end add 'and may charge the Secretary of State for the cost of providing that information.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
42
Clause 15, page 6, line 24, leave out from beginning to end of line 26 and add, 'to such guidance as the Secretary of State may by regulations specify for the purposes of this provision, whether or not issued by him.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
Mr Edward Davey
43
Clause 16, page 6, line 30, leave out 'proper practices' and insert 'Generally Accepted Accounting Practices.'.
Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden
78
Clause 16, page 6, line 31, leave out subsection (2) and add—
'(2) The Secretary of State may request the Chartered Institute of Public Finance and Accountancy or the Comptroller and Auditor General at any time to provide guidelines and advice on what expenditure of local authorities shall be treated for the purposes of this Chapter as being, or not being, capital expenditure, and shall lay any such guidelines or advice so received before Parliament.
(3) The Secretary of State may direct a local authority to follow any guidelines and advice laid before Parliament under subsection (1)'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
44
Clause 16, page 6, line 35, leave out from beginning to end of line 37.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
46
Schedule 1, page 71, line 25, after 'chargeable' insert 'and reasonably expected to be received in that period'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
47
Schedule 1, page 71, line 26, leave out from 'chargeable' to end of line 32.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
48
Schedule 1, page 72, line 5, at end insert 'or, where the interest payable is a variable amnount established by reference to a base rate or other rate of interest for the time being payable (the "reference rate"), it would do so if the reference rate remained unchanged to the end of the fixed period.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
45
Clause 20, page 8, line 19, leave out 'in writing' and insert 'made by regulation.'.
Mr David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
105
*Clause 23, page 10, line 21, leave out subsection (3).
Mr David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
108
*Clause 25, page 10, line 42, leave out 'the' and insert 'a properly qualified'.
Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden
79
Clause 26, page 11, line 7, leave out subsection (1).
Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden
80
Clause 26, page 11, line 16, leave out 'controlled'.
Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden
81
Clause 26, page 11, line 16, leave out from 'reserve' to end of line 19 and insert 'the chief finance officer shall notify the District Auditor of the balance of that reserve at the end of the financial year under consideration, and if the District Auditor considers that this balance of the reserve is not appropriate, he shall notify the Council of his opinion and publish that notification.'.
Mr David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
106
*Clause 26, page 11, line 18, leave out from 'determined' to end of line 19 and insert 'by reference to such code or codes of practice as the appropriate person shall, by regulations, specify.'.
