Vote Bundle Text (930305-02)

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

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Use of housing capital receipts—reserved portion

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

Matthew Green

NC3

To move the following Clause:—

'(1) This section applies to capital receipts paid to the Secretary of State pursuant to section 11(2)(b).

(2) The Secretary of State shall pay to each local authority which makes a payment to him of a capital receipt pursuant to section 11(2)(b) a special grant equivalent to fifty per cent. of such capital receipt paid to him for the use by the local authority solely for the purposes of—

(a) defraying the cost of capital works to any building or land in relation to which the local authority is or has been subject to a duty under section 74 of the Local Government and Housing Act 1989 (c. 42); and

(b) securing the provision of housing within the local authority area by a registered social landlord in respect of which the local authority shall have the right to nominate the occupier.

(3) Any grant which falls to be paid by the Secretary of State pursuant to subsection (2) above shall be paid in the financial year in which the Secretary of State receives the payment from the local authority pursuant to section 11(2)(b) in relation to which the grant becomes payable.'.

Public sector rents

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

NC5

To move the following Clause:—

'.—In relation to public sector rents the Secretary of State must report to Parliament on the extent to which there is variance with market rents for broadly similar properties for each local authority area, the justification for such policies, and on the operation of the national rent formula and rent restructuring.'.

Empty homes

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

NC6

To move the following Clause:—

'.—(1) The information obtained in relation to council tax on empty homes shall not be used to require the owner of an empty property that is in reasonable repair to give up the freedom to enjoy and manage that property as the owner wishes.

(2) Any amount raised by levying Council Tax on an empty home will be retained by the billing Authority and there shall be no substitution of any grant, subsidy or money due from central Government as a result of such a change.'.

Housing Revenue Account

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

NC7

To move the following Clause:—

'.—The Secretary of State shall make an annual report to Parliament on the operation of section 90 (under which a local housing authority is required to pay to the appropriate person an equivalent amount of the Housing Revenue Account subsidy in which a negative figure occurs) stating—

(a) for each local housing authority—

(i) the amount involved, and

(ii) the amount by which rents in that authority would rise because of the operation of this clause; and

(b) to which local housing authorities he has made payments as a result of their Housing Revenue Accounts being in deficit and how much their rents are reduced because of the operation of that section.'.

Council Tax and regional bodies

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

NC8

To move the following Clause:—

'.—Nothing in Part 6 of this Act (sections 74-86) may be used in conjunction with the use of council tax to raise tax for any regional body.'.

Mobile Homes Act 1983

Mr Desmond Swayne

NC9

To move the following Clause:—

'(1) The Secretary of State may by order made by statutory instrument amend any provision of the Mobile Homes Act 1983 (c. 34).

(2) 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.'.

Mobile Homes Act 1983 (No. 2)

Mr Desmond Swayne

NC12

To move the following Clause:—

'.—(1) The Secretary of State may by order made by statutory instrument cause local authorities to maintain a register of persons who own protected sites for the purposes of the Mobile Homes Act 1983 (c. 34).

(2) 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.'.

Employment rights of local authority employees

Andrew Selous

NC13

To move the following Clause:—

'.—(1) No employee whose employer is a local authority or local authority company shall be required to work at any time on both a Saturday and a Sunday in the same week if that person has the care and control of a school-age child.

(2) Any adult with whom a school-age child customarily lives as part of his or her family has the care and control of that school-age child and where more than one adult qualifies under this test each of them has the care and control.

(3) In this section:

"employee" and "employer"—

(a) in relation to England and Wales, and Scotland, have the same meaning as in the Employment Rights Act 1996, and

(b) in relation to Northern Ireland have the same meaning as in the Employment Rights (Northern Ireland) Order 1996;

"local authority" means a local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council.

"local authority company" means a company through which is exercised a power conferred under section 95.

"week" means a period of seven consecutive days ending on a Sunday.

"school-age child" means a person who has attained the age of five but has not attained the age of eighteen.'.

Relief for charities and certain sports clubs

Mr David Borrow
Mr Andy Reed
Andy Burnham
Kate Hoey

NC15

To move the following Clause:—

'.—(1) In section 43 of the 1988 Act (occupied hereditaments: liability) for subsection (6) there is substitued:

"(6) This subsection applies where on the day concerned the ratepayer is—

(a) a charity or trustees for a charity and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of another charity); or

(b) a community amateur sports club within the meaning of Schedule 18 to the Finance Act 2002 (relief for community amateur sports clubs) and the hereditament is wholly or mainly used for the purposes of that club.".

(2) In section 45 of that Act (unoccupied hereditaments: liability) for subsection (6) there is substitued:

"(6) This subsection applies where on the day concerned the rate payer is—

(a) a charity or trustees for a charity and it appears that when next in use the hereditament will be wholly or mainly used for charitable purposes (whether of that charity or of another charity).

(b) a community amateur sports club within the meaning of Schedule 18 to the Finance Act 2002 and it appears that when next in use the hereditament will be wholly or mainly used for the purposes of that club.".'.

Repayment of overhanging debt

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

NC16

To move the following Clause:—

'The Secretary of State shall make an annual report to Parliament detailing—

(a) the amounts paid or contemplated to be paid pursuant to sections 40 and 41; and

(b) the effects of such payments on rents in relation to the voluntary transfers of council housing'.

Council Tax on residential care accommodation

Mr David Heathcoat Amory
Mr Charles Kennedy
Mr Edward Davey
Matthew Green
Dr John Pugh
Matthew Taylor

Mr Andrew Stunell Sir Teddy Taylor Mr Richard Shepherd

NC18

To move the following Clause:—

'. Care and nursing homes registered with the National Care standards Commission shall be counted as one unit for council tax purposes.'.

Abolition of capping powers

Mr Charles Kennedy
Mr Edward Davey
Matthew Green
Dr John Pugh
Matthew Taylor
Mr Andrew Stunell

NC19

To move the following Clause:—

'.— Section 30 and Schedule 1 of the Local Government Act 1999 (c. 27) are repealed.'.

Staff transfer matters: pension provision

Mr Harry Cohen

NC20

*To move the following Clause:—

'.—(1) The appropriate person shall exercise his power to give directions under section 101(1) so as to secure that where a local authority is contracting with a person ("the contractor") for the provision of services that are to be provided under a contract instead of by employees of the authority, it does on on terms—

(a) that require the contractor, in the event of there being any transferring employees, to secure the protection of terms and conditions of employment for each of them, and

(b) that, so far as relating to the securing of the protection of terms and conditions of employment for a transferring employee, are enforceable by the employee.

(2) For the purposes of subsection (1)—

(a) "transferring employee" means an employee of the authority whose contract of employment becomes, by virtue of the application of TUPE regulations in relation to what is done for the purposes of carrying out the contract between the authority and the contractor, a contract of employment with someone other than the authority, and

(b) "protection of terms and conditions of employment" is secured for a transferring employee if after that change in his employer he has, as an employee of his new employer, rights to terms and conditions of employment that (i) are the same as, or (ii) no less favourable than those that he had as an employee of the authority.

(3) The appropriate person shall exercise his power to give directions under section 101(1) so as to secure that where—

(a) a local authority has contracted with a person ("the first contractor") for the provision of services,

(b) the application of the TUPE regulations in relation to what was done for the purposes of carrying out the contract between the authority and the first contractor resulted in employees of the authority ("the original employees") becoming employees of someone other than the authority, and

the authority contracts with the subsequent contractor on terms satisfying the requirements of subsection (4).

(4) Those requirements are that the terms—

(a) require the subsequent contractor, in the event of there being any transferring original employees, to secure the protection of terms and conditions of employment for each of them, and

(b) so far as relating to the securing of protection of terms and conditions of employment for an original employee, are enforceable by the employee.

(5) For the purposes of subsection (4)—

(a) "transferring original employee" means an orginal employee—

(i) whose contract of employment becomes, by virtue of the application of the TUPE regulations in relation to what is done for the purposes of carrying out the contract between the authority and the subsequent contractor, a contract of employement with someone other than his existing employer, and

(ii) whose contract of employment on each occasion when an intervening contract was carried out became, by virtue of the application of the TUPE regulations in relation to what was done for the purposes of carrying out the intervening contract, a contract of employment with someone other than his existing employer;

(b) "protection of terms and conditions of employment" is secured for a transferring original employee if after the change in his employer mentioned in paragraph (a)(i) he has, as an employee of his new employer, rights to terms and conditions of employment that—

(i) are the same as, or

(ii) no less favourable than those that he had before that change.

(6) In subsection (5)(a)(ii), "intervening contract" means a contract with the authority for the provision, at times after they are provided under the contract with the first contractor and before they are to be provided under a contract with the subsequent contractor, of the services to be provided under the contract with the subsequent contractor.

(7) Any expression used in this section, and in the TUPE regulations, has in this section the meaning that it has in the TUPE regulations.

(8) In this section—

"local authority" means a local authority for the purposes of section 1(1)(a) of the Local Government Act 1999 (c. 27) (local authorities in England and Wales that are best value authorities);

"the TUPE regulations" means the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794), or any regulations replacing those regulations, as from time to time amended.'.