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Amendment Paper as at
Monday 10th March 2003

CONSIDERATION OF BILL


LOCAL GOVERNMENT BILL, AS AMENDED

NOTE

The Amendments have been arranged in accordance with the Order of the House [25th February].

NEW CLAUSES RELATING TO CLAUSES 93 TO 117, AMENDMENTS TO CLAUSES 93 TO 100, SCHEDULE 3, CLAUSES 101 TO 105, SCHEDULE 4, CLAUSE 106, SCHEDULE 5 AND CLAUSES 107 TO 117

Valuation: conflicts between judicial and administrative matters

   

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

NC1

To move the following Clause:—

       'In the event of any conflict between the Valuation Tribunal Service and a valuation tribunal over what is an administrative matter within the jurisdiction of the former and what is a judicial or other matter within the jurisdiction of the latter, the Service, a valuation tribunal or its president may request the President of the Council on Tribunals to appoint a qualified person to arbitrate between them and he shall do so.'.


Valuation tribunals: immunity

   

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

NC2

To move the following Clause:—

       'A member of a Valuation Tribunal or a clerk officiating at a tribunal hearing shall not be liable for anything done or omitted in the discharge or purported discharge of his functions as a tribunal member unless the act or omission is shown to have been in bad faith.'.


Staff transfer matters: terms and conditions

   

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) are 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

      (c) the authority is contracting with a person ("the subsequent contractor") for the provision of any of the services,

       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 original 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 employment 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) are 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.'.


Financial practices for local authority trading

   

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

NC22

To move the following Clause:—

    '( )   Local authorities charging under section 93(1) must:

      (a) publish accounts for all such charging activities;

      (b) provide no subsidy for such charging activities from public funds;

      (c) act at all times in relation to such charging activities in strict compliance with relevant rules and guidance issued by the Audit Commission.'.


   

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

64

Page     49     [Clause     93],     leave out lines 16 to 18.

   

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

65

Page     49,     line     18     [Clause     93],     at end insert—

    '(3A)   The costs of provision shall be defined as all direct and appropriate indirect costs arising in relation to the activity in question falling to be met by the local authority concerned.'.

   

Joan Walley [R]

63

Page     49,     line     25     [Clause     93],     at end insert—

    '(5A)   With respect to any service provided for the protection of public health, the power under this section shall be exercisable subject to the following—

      (a) the best value authority shall have in place a published strategy for dealing with the matters for which the service to be subject to a charge is provided which shall be in accordance with guidance issued under (6) below.

      (b) the best value authority shall have undertaken an assessment as to how the introduction of charges will contribute to the performance of its powers and duties under the Local Government Act 2000 with respect to promoting the well-being of their area and of the development of the community strategy.

      (c) the best value authority shall have undertaken and published a health impact assessment of the introduction of the proposed charging system.'.

   

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

66

Page     49,     line     38,     leave out Clause 94.


   

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

67

Page     50,     line     1     [Clause     94],     leave out from beginning to end of line 2.

   

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

68

Page     50,     line     8     [Clause     94],     at end insert—

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

75

Page     50,     line     13     [Clause     95],     after 'functions', insert 'but only where there is no commercial organisation carrying out similar functions within the area of an individual best value authority'.

   

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

69

Page     50,     line     27     [Clause     95],     at beginning insert 'In certain circumstances'.

 
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