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

    "41AInspections 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.

    41BFees 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 Andrew Turner
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne

(a)

Line     9,     at end insert—

'(c)	a registered social landlord's arrangements for co-operating with local housing authorities and for responding to the differing needs of tenants and applicants for housing in different areas.'.

   

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

(b)

Line     20,     at end insert—

'(c)	shall cause to be sent to each tenant of the registered social landlord a summary of the report; and

(d)	shall make available for inspection a copy of the report at such offices of the registered social landlord and within such convenient travelling distances as it determines of the tenants of the registered social landlord.'.

   

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

(c)

Line     28,     after '(1)', insert—

'(a)	ensure that the demands of such inspections are proportionate to the size of the registered social landlord;

(b)

'.

   

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

(d)

Line     28,     at end insert—

    '(7)   The Commission, when undertaking an inspection under this section, shall—

(a)	consult including by holding one or more public meetings of tenants and applicants for housing in each area served by the registered social landlord about its management, efficiency, value for money and quality of service delivery; and

(b)	offer to employees of the registered social landlord the opportunity to make representations on their findings before they are finalised.'.

   

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

(e)

Line     53,     leave out 'the Secretary of State to represent' and insert 'be'.

   

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

(f)

Line     64,     leave out 'the Commission to represent' and insert 'be'.

   

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

(g)

Line     70,     leave out 'the Commission to represent' and insert 'be'.

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Repeal of prohibition on promotion of homosexuality

   

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

Julia Drown	Dr Desmond Turner	Mrs Janet Dean
Jon Cruddas

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'.

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Repeal of section 2A of Local Government Act 1986

   

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

NC18

To move the following Clause:—

    '(1)   The Secretary of State may by order made by statutory instrument provide that section 2A of the Local Government Act 1986 (c.10) shall cease to have effect.

    (2)   No order under this section shall be made unless the Secretary of State has certified that—

(a)	appropriate guidance has been issued under section 403(1A) of the Education Act 1996 (c.56); and

(b)	an appropriate mechanism has been established for consulting parents of registered pupils by ballot about the contents of any written statement made in pursuance of section 404(1)(a) of that Act.

    (3)   No order shall be made under this section unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.'.

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REMAINING NEW CLAUSES

Fire brigade establishment schemes: removal of Secretary of State's functions

   

Mr Nick Raynsford

NC13

To move the following Clause:—

       'The following provisions cease to have effect—

(a)	section 19(3) to (8) of the Fire Services Act 1947 (c.41) (functions of Secretary of State in relation to fire brigade establishment schemes), and

(b)	paragraph (a) of section 7(2) of the Fire Services Act 1959 (c.44) (approval by Secretary of State of establishment scheme for fire authority on its becoming, or becoming a successor to, a combined authority).'.

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Imposition of borrowing limits (No. 2)

   

Mr Edward Davey
Dr John Pugh
Sue Doughty

NC2

To move the following Clause:—

    '—.(1)   The Secretary of State may by regulations set limits in relation to the borrowing of money by local authorities.

    (2)   The Secretary of State may only make regulations under subsection (1) if the Code for Fiscal Stability, as provided for in section 155 of the Finance Act 1998, would otherwise be breached in any way.

    (3)   Before the Secretary of State may make regulations under subsection (1), the Treasury must prepare and lay before Parliament a document which shall be subject to approval by a resolution of the House of Commons explaining how the Code for Fiscal Stability would otherwise be breached if limits were not set in relation to the borrowing of money by local authorities.

    (4)   It shall be the duty of the Comptroller and Auditor General to examine the Treasury's document published under subsection (3) and report to the House of Commons his findings.'.

Prepared 11 Feb 2003