S.C.A.
Amendment Paper as at
Tuesday 28th January 2003
STANDING COMMITTEE A
New Amendments handed in are marked thus *
LOCAL GOVERNMENT BILL
Clause No. 4 (Imposition of borrowing limits).
Amendment (No. 6) proposed, in page 2, line 26, after the word 'the' to insert the words 'aggregate level of'.—(Mr Philip Hammond.)
Question proposed, That the Amendment be made.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
28
Clause 4, page 2, line 26, at end add 'and the allocation of a share in such aggregate limits to individual local authorities.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
7
Clause 4, page 2, leave out from beginning of line 27 to end of line 2 on page 3 and insert—
'(2) No regulations may be made under this section unless—
| (a) | the Secretary of State has consulted such representatives of local government as appear to him to be appropriate; |
| (b) | he has laid before each House of Parliament a report explaining the reasons why he considers it necessary that the regulations be made; and |
| (c) | the report has been approved by resolutions of each House of Parliament. |
(3) Sections 117(1) and (2) do not apply to regulations made under this section.'
Mr Edward Davey
Dr John Pugh
Sue Doughty
49
Clause 4, page 2, line 27, leave out subsection (2).
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
29
Clause 4, page 2, line 28, leave out from 'authority' to end of line 29 and insert 'where he considers that the local authority has not, in setting a borrowing limit under section 3(1), had proper regard to the requirements of section 3(2).'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
31
Clause 4, page 2, line 31, at end insert—
'( ) A limit set under subsection (1) or (2) may not, in respect of any local authority, be set a a level less than the level of that local authority's borrowing on the date that the draft regulation is laid.'.
Mr Nick Raynsford
23
Clause 5, page 3, line 4, after 'by', insert 'or for'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
30
Clause 5, page 3, line 8, after 'relates' insert 'and is reasonably expected to be received within that period.'.
Mr Edward Davey
Dr John Pugh
Sue Doughty
50
Clause 7, page 3, line 22 at end insert—
'(c) the transaction is related to a 'private finance initiative' or a 'public-private partnership.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
32
Clause 7, page 3, line 36, at end add—
'( ) The Secretary of State shall lay regulations before Parliament within 30 days of the coming into force of this section providing for liabilities under Private Finance Initiative contracts to be apportioned so that, where appropriate, a part of those liabilities are to be treated as a credit arrangement.'.
Mr Nick Raynsford
24
Clause 8, page 3, line 40, after 'by', insert 'or for'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
33
Clause 8, page 4, line 3, leave out 'cost of' and insert 'capital value of the assets made available under.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
34
Clause 8, page 4, line 5, leave out 'cost of' and insert 'capital value of any additional assets made available under the arrangement as a result of'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
35
Clause 8, page 4, line 7, leave out from second 'the' to 'and' in line 8 and insert 'capital value of an asset'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
Mr Edward Davey
36
Clause 8, page 4, line 10, leave out subsection (4).
Mr Edward Davey
Dr John Pugh
Sue Doughty
57
Clause 8, page 4, line 11, at end insert—
'(5) Before making any regulations under subsection (3) or (4), the Secretary of State must consult the Chartered Institute of Public Finance and Accountancy and the Comptroller and Auditor General.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
2
Clause 9, page 4, line 20, leave out subsection (3).
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
37
Clause 9, page 4, line 25, after 'provision' insert 'in relation to a local authority which is not debt-free at the time of the receipt'.
Mr Edward Davey
Dr John Pugh
Sue Doughty
58
Clause 9, page 4, line 32, at end add—
'(5) Before making any regulations under subsection (3), the Secretary of State must consult the Chartered Institute of Public Finance and Accountancy and the Comptroller and Auditor General.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
38
Clause 10, page 5, line 2, at end add—
'( )(a) No regulation may be made under this section in respect of a disposal the consideration for which is wholly in the form of housing nomination rights.
(b) Regulations under this section in respect of disposals consideration for which consist partly of money payable to the authority or consideration other than housing nomination rights and partly of housing nomination rights may not apply section 9 in respect of that part of the consideration which consists of housing nomination rights.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
66
Clause 11, page 5, line 4, at beginning insert 'Subject as provided in subsection (2)'.
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
'(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).'.
'(2A) Regulations made under subsection (2)(b) may only include the following in relation to payments to the Secretary of State—
