Vote Bundle Text (930206-03)

Amendments proposed to the Local Government Bill - continued	House of Commons

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Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden

176

Clause 94, page 49, line 8, at end add—

'(3) Orders made under subsection (1) above shall not have the effect of making unlawful arrangements lawfully made by an authority under section 93 prior to the order.'.

Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden

175

Clause 94, page 48, leave out Clause 94.

Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden

177

Clause 95, page 49, line 27, at beginning insert 'In certain circumstances'.

Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden

178

Clause 95, page 49, line 29, at end insert—

'(4A) The circumstances referred to in subsection (4) above are where an authority considers that any activity carried out under a power conferred by an order under this section will result in a significant commercial risk to the authority and in considering whether an activity might result in signicant risk, regard shall be had to guidance issued by the Audit Commission.'.

Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden

179

Clause 95, page 50, line 3, at end insert—

'(8) Section 100(2)(e) shall not apply to this section when the effect would be to make unlawful arrangements lawfully made by an authority under those provisions prior to revocation of orders made under this section.'.

Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden

180

Clause 96, page 50, line 24, at end insert—

'(6) Section 100(2)(e) shall not apply to this section when the effect would be to make unlawful arrangements lawfully made by an authority under those provisions prior to revocation of orders made under this section.'.

David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
Mr Andrew Turner

167

Clause 99, page 52, line 24, at beginning insert 'Subject to subsection (2) below'.

David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
Mr Andrew Turner

167A

Clause 99, page 52, line 26, at end insert 'Subject to subsection (2) below' and in line 6 after 'functions', insert—

'(2) In reaching its findings in relation to a local authority the Audit Commission shall—

(a)	consult including by holding a public meeting people appearing to be connected with the authority about its management, efficiency, value for money and quality of service delivery,

(b)	offer to members and employees of the authority the opportunity to make representations on their findings before they are finalised, and

(c)	make special reference to the quality of scrutiny by that authority.'.

Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden

183

Clause 100, page 53, line 25, leave out from beginning to end of line 26.

Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden

182

Page 53, line 1, leave out Clause 100.

Mr Nick Raynsford

124

Clause 101, page 54, line 10, after 'authority' insert '(in Scotland, a relevant authority)'.

Mr Nick Raynsford

125

Clause 101, page 54, line 25, after 'authority' insert '(in Scotland, a relevant authority)'.

Mr Nick Raynsford

126

Clause 101, page 54, line 32, at end insert—

'( ) The duties under sections 1 and 2 of the Local Government in Scotland Act 2003 (asp 00) (best value) of a relevant authority have effect subject to subsections (1) and (3).'.

Mr Nick Raynsford

127

Clause 101, page 54, line 35, after 'authorities' insert '(or, as the case may be, relevant authorities)'.

Mr Nick Raynsford

128

Clause 101, page 54, line 42, at end insert—

'( ) In this section—

"appropriate person", in relation to Scotland, means the Scottish Ministers; and"relevant authority" means—

(a) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39),

(b) the Strathclyde Passenger Transport Authority, or

(c) any other body to which Part 1 of the Local Government in Scotland Act 2003 (asp 00) (best value and accountability) applies.'.

Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden

172

Clause 102, page 55, leave out lines 20 to 21 and insert—

'(ii) no less favourable than'.

Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden

173

Clause 102, page 56, leave out lines 12 to 13 and insert—

'(ii) no less favourable than'.

Mr Nick Raynsford

129

Clause 102, page 56, line 22, at end insert—

'"appropriate person", in relation to Scotland, means the Scottish Ministers;'.

Mr Nick Raynsford

130

Clause 102, page 56, line 23, after first 'authority"' insert—

'(a) in relation to England and Wales,'.

Mr Nick Raynsford

131

Clause 102, page 56, line 25, at end insert ', and

(b) in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39);'.

David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne

Clause 103, page 56, leave out lines 32 to 34.

Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
David Davis

187

Clause 105, page 58, line 44, leave out 'and clerks to' and insert 'and staff (including clerks to)'.

Mr Nick Raynsford

145

Schedule 4, page 84, line 18, leave out from beginning to 'he' in line 19 and insert—

'(aa) he is the subject of a bankruptcy restrictions order or interim order;

(b) a bankruptcy order has been made against him by a court in Northern Ireland, his estate has been sequestrated by a court in Scotland or, under the law of Northern Ireland or Scotland,'.

Mr Nick Raynsford

146

Schedule 4, page 90, line 9, at end insert—

'The Enterprise Act 2002 (c.40)

(1) Paragraph 2(1)(b), (2) and (3) shall be taken to be within the definition of "provision" in section 268 of the Enterprise Act 2002 (power to remove bankruptcy disqualifications under pre-8th November 2002 provisions or extend them to, or replace them with disqualifications of, persons subject to bankruptcy restrictions regimes).

(2) That section shall apply in relation to paragraph 2(1)(b), (2) and (3) as if—

(a) subsections (5)(d), (6) to (8) and (15) (power to make application of disqualification provision subject to person's discretion) were omitted, and

(b) for subsection (13) (orders under section to be made by statutory instrument after parliamentary approval of a draft) there were substituted—

"(13) An order under this section—

(a) must be made by statutory instrument, and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament."'.

NEW CLAUSES STANDING IN THE NAME OF A MINISTER OF THE CROWN RELATING TO THE FUNCTIONS OF THE AUDIT COMMISSION IN RELATION TO REGISTERED SOCIAL LANDLORDS AND TO THE REPEAL OF SECTION 2A OF THE LOCAL GOVERNMENT ACT 1986

Repeal of prohibition on promotion of homosexuality

Mr Edward Davey
Matthew Green
Kali Mountford
Mr David Borrow
John Bercow
Annette Brooke

Mr Nicholas Soames Mr Andrew Mackay Mr Michael Portillo

Mr David Curry Mr Ian Taylor Mr Francis Maude

Mr Robert Jackson Mr Alan Duncan Mr David Lepper

NC1

To move the following Clause:—

'Section 2A of the Local Government Act 1986 (c.10) (local authorities prohibited from promoting homosexuality) ceases to have effect'.

Registered social landlords

Mr Nick Raynsford

NC10

To move the following Clause:—

'(1) After section 41 of the Audit Commission Act 1998 (c.18) there is inserted—

"41 A Inspections of registered social landlords

(1) The Commission may carry out an inspection of—

(a) the quality of services provided by a registered social landlord;

(b) a registered social landlord's arrangements for securing continuous improvement in the efficiency, effectiveness and economy with which it provides services.

(2) Where the Commission has carried out an inspection under subsection (1) it shall issue a report.

(3) A report under subsection (2) shall mention any matter that, as a result of the inspection, the Commission considers should be drawn specifically to the attention of the Relevant Authority.

(4) The Commission—

(a) shall send a copy of a report under subsection (2) to the registered social landlord concerned and to the Relevant Authority;

(b) may publish a report under subsection (2) and any information in respect of a report.

(5) Section 11 of the Local Government Act 1999 (best value inspections under section 10: inspectors' powers and duties, and offences) shall apply for the purposes of an inspection of a registered social landlord under subsection (1) of this section as it applies for the purposes of an inspection of a best value authority under section 10 of that Act.

(6) The Commission shall, when drawing up any programme of inspections under subsection (1), consult the Relevant Authority.

41B Fees for inspections under section 41A

(1) The appropriate person may by order make provision of any of the following kinds in relation to the charging of fees by the Commission in respect of inspections under section 41A(1)—

(a) provision authorising the Commission to prescribe a scale or scales of fees in respect of inspections;

(b) provision governing the prescribing of scales;

(c) provision requiring a registered social landlord inspected under section 41A(1) to pay to the Commission any fee applicable to the inspection in accordance with a scale prescribed under provision of the kind mentioned in paragraph (a);

(d) such incidental, consequential or supplementary provision as the appropriate person thinks necessary or expedient.

(2) In subsection (1) "the appropriate person" means—

(a) in relation to registered social landlords for which the Housing Corporation is the Relevant Authority, the Secretary of State, and

(b) in relation to registered social landlords for which the National Assembly for Wales is the Relevant Authority, the Assembly.

(3) The Secretary of State shall, before making an order under subsection (1), consult—

(a) the Commission and the Housing Corporation, and

(b) persons appearing to the Secretary of State to represent registered social landlords affected by his proposals.

(4) The National Assembly for Wales shall, before making an order under subsection (1), consult—

(a) the Commission, and

(b) persons appearing to the Assembly to represent registered social landlords affected by its proposals.

(5) The Commission shall, before prescribing a scale of fees that it is authorised to prescribe by an order under subsection (1) made by the Secretary of State, consult—

(a) the Secretary of State and the Housing Corporation, and

(b) persons appearing to the Commission to represent registered social landlords affected by its proposals.

(6) The Commission shall, before prescribing a scale of fees that it is authorised to prescribe by an order under subsection (1) made by the National Assembly for Wales, consult—

(a) the Assembly, and

(b) persons appearing to the Commission to represent registered social landlords affected by its proposals."

(2) In section 52(1) of that Act (orders and regulations to be made by statutory instrument), after "the Secretary of State" there is inserted "or the National Assembly for Wales".

(3) In paragraph 8(2) of Schedule 1 to that Act (categories of function in respect of which Commission must over time balance income and expenditure), after paragraph (c) there is inserted—

"(ca) its functions under section 41A relating to such landlords;".

(4) After paragraph 8 of that Schedule there is inserted—

"8A Each of—

(a) the Secretary of State, and

(b) the National Assembly for Wales,

may make grants to the Commission in respect of expenditure incurred or to be incurred by the Commission in connection with the carrying-out of its functions under section 41A.".'.

Mr Nicholas Soames	Mr Andrew Mackay	Mr Michael Portillo
Mr David Curry	Mr Ian Taylor	Mr Francis Maude
Mr Robert Jackson	Mr Alan Duncan	Mr David Lepper