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Tuesday 30th January 2007

Public Bill Committee


      New Amendments handed in are marked thus *

      Other Amendments not tabled within the required notice period are marked thus 8

Local Government and Public Involvement in Health Bill


Note

The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee.


RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE

       The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on 25th January (Standing Order No. 83C)

       That—

        (1) the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 30th January) meet—

        (a) at 4.30 p.m. on Tuesday 30th January;

        (b) at 9.30 a.m. and 2.00 p.m. on Thursday 1st February;

        (c) at 10.30 a.m. and 4.30 p.m. on Tuesday 6th February;

        (d) at 9.30 a.m. and 2.00 p.m. on Thursday 8th February;

        (e) at 10.30 a.m. and 4.30 p.m. on Tuesday 20th February;

        (f) at 9.30 a.m. and 2.00 p.m. on Thursday 22nd February;

        (g) at 10.30 a.m. and 4.30 p.m. on Tuesday 27th February;

        (h) at 9.30 a.m. and 2.00 p.m. on Thursday 1st March;

        (i) at 10.30 a.m. and 4.30 p.m. on Tuesday 6th March;

        (j) at 9.30 a.m. and 2.00 p.m. on Thursday 8th March;

        (2) the Committee shall hear oral evidence in accordance with the following Table;

TABLE
Date Time Witness
Tuesday 30th January Until no later than
1.00 p.m.
Local Government Association
Tuesday 30th January Until no later than
5.15 p.m.
Gordon Keymer CBE, Chair of the District Councils Group, Local Government Association
Tuesday 30th January Until no later than
6.00 p.m.
London Councils
Tuesday 30th January Until no later than
7.00 p.m.
Health Link
Thursday 1st February Until no later than
10.25 a.m.
Unlock Democracy
Thursday 1st February Until no later than
4.00 p.m.
Department for Communities and
Local Government, Department of Health

        (3) Proceedings on consideration of the Bill in Committee shall be taken in the following order: Clauses 1 to 104; Schedule 7; Clauses 105 to 112; Schedule 8; Clauses 113 to 116; Schedule 10; Clause 117; Schedule 11; Clause 118 to 151; Schedule 12; Clauses 152 to 165; Schedule 14; Clauses 166 to 169; new Clauses; new Schedules; Clauses 170 to 176; Schedules 1 to 6; Schedule 9; Schedule 13; Schedule 15; remaining proceedings on the Bill;

        (4) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00 p.m. on Thursday 8th March.

       Mr Phill Woolas has given notice of his intention to move a motion in the terms of the Programming Sub-Committee [Standing Order No. 83C].


Mr Phil Woolas

       That, subject to the discretion of the Chairman, any written evidence received by the Committee shall be reported to the House for publication.

Mr Phil Woolas

       That, at this and any subsequent meeting at which oral evidence is to be heard, the Committee shall sit in private until the witnesses are admitted.

       

Andrew Stunell
Tom Brake
Dr John Pugh

20

Clause 2, page 2, line 4, leave out ‘and directions’.

Alistair Burt
Mr Robert Syms
Andrew Stunell
Tom Brake
Dr John Pugh

1

Clause 2, page 2, line 5, leave out ‘or direct’.

Alistair Burt
Mr Robert Syms

12

Clause 2, page 2, leave out line 9.

Alistair Burt
Mr Robert Syms

13

Clause 2, page 2, line 18, leave out subsection (4).

Alistair Burt
Mr Robert Syms

14

Clause 2, page 2, leave out lines 25 and 26.

Alistair Burt
Mr Robert Syms

15

Clause 2, page 2, line 27, leave out ‘or C’.

Alistair Burt
Mr Robert Syms
Andrew Stunell
Tom Brake
Dr John Pugh

2

Clause 2, page 2, line 37, leave out ‘or direction’.

Andrew Stunell
Tom Brake
Dr John Pugh

23

Clause 2, page 2, line 37, leave out ‘either’.

Alistair Burt
Mr Robert Syms

16

Clause 2, page 2, line 39, leave out ‘Type C’.

Andrew Stunell
Tom Brake
Dr John Pugh

24

Clause 2, page 2, line 39, leave out from ‘proposal’ to end of line 41.

Alistair Burt
Mr Robert Syms

3

Clause 2, page 2, line 40, leave out from ‘invited’ to the end of line 41.


Andrew Stunell
Tom Brake
Dr John Pugh

25

Clause 3, page 3, line 1, leave out ‘directions’.

Andrew Stunell
Tom Brake
Alistair Burt
Mr Robert Syms
Dr John Pugh

26

Clause 3, page 3, line 2, leave out subsection (1).

Alistair Burt
Mr Robert Syms
Andrew Stunell
Tom Brake
Dr John Pugh

27

Clause 3, page 3, line 5, leave out subsection (2).

Alistair Burt
Mr Robert Syms
Andrew Stunell
Tom Brake
Dr John Pugh

5

Clause 3, page 3, line 12, leave out from ‘2’ to ‘an’ in line 13.

Andrew Stunell
Tom Brake
Dr John Pugh

29

Clause 3, page 3, line 17, leave out ‘or directions’.

Alistair Burt
Mr Robert Syms
Andrew Stunell
Tom Brake
Dr John Pugh

6

Clause 3, page 3, line 18, leave out ‘or direction’.

Alistair Burt
Mr Robert Syms
Andrew Stunell
Tom Brake
Dr John Pugh

7

Clause 3, page 3, line 19, leave out ‘or comply with the direction’.

Alistair Burt
Mr Robert Syms

8

Clause 3, page 3, line 20, leave out ‘or direction’.

Alistair Burt
Mr Robert Syms
Andrew Stunell
Tom Brake
Dr John Pugh

9

Clause 3, page 3, line 22, leave out ‘or direction’.

Alistair Burt
Mr Robert Syms

10

Clause 3, page 3, line 24, leave out ‘or direction’.


Alistair Burt
Mr Robert Syms

11

Clause 4, page 3, line 27, leave out ‘or directions’.


Alistair Burt
Mr Robert Syms

17

Clause 5, page 4, line 14, leave out ‘Type C’.


Alistair Burt
Mr Robert Syms

19

Clause 6, page 5, line 17, leave out ‘four weeks’ and insert ‘three months’.


Alistair Burt
Mr Robert Syms

50

Page 13, line 15, leave out Clause 20.


Alistair Burt
Mr Robert Syms

51

Clause 23, page 14, line 18, leave out ‘Type C’.

Alistair Burt
Mr Robert Syms

18

Clause 23, page 14, line 29, leave out ‘Type C’.


Alistair Burt
Mr Robert Syms

52

Clause 24, page 15, line 28, at end insert—

      ‘(5) Nothing in this Chapter or in any direction from the Secretary of State shall restrict a relevant authority from utilising its financial reserves to reduce its budget requirement for council tax purposes’.


Alistair Burt
Mr Robert Syms

53

Clause 27, page 16, line 23, leave out ‘31 December 2006’ and insert ‘the commencement date of this Part’.

Alistair Burt
Mr Robert Syms

54

Clause 27, page 16, line 32, leave out ‘31 December 2006’ and insert ‘the commencement date of this Part’.


Alistair Burt
Mr Robert Syms

56

Clause 39, page 22, line 18, leave out ‘two’ and insert ‘four’.

Andrew Stunell
Tom Brake
Dr John Pugh

38

Clause 39, page 22, line 28, leave out subsection (6).

Alistair Burt
Mr Robert Syms

57

Clause 39, page 22, line 32, leave out ‘two’ and insert ‘four’.


Andrew Stunell
Tom Brake
Dr John Pugh

39

Clause 40, page 23, leave out line 19.

Andrew Stunell
Tom Brake
Dr John Pugh

40

Clause 40, page 23, leave out line 36.


Andrew Stunell
Tom Brake
Dr John Pugh

33

Clause 41, page 24, line 16, leave out ‘move to executive arrangements’.

Andrew Stunell
Tom Brake
Dr John Pugh

34

Clause 41, page 24, leave out lines 19 to 31 and insert—

      ‘(2) Notwithstanding the provisions of sections 33A and 33B, any principal council may submit a scheme of internal governance appropriate to its circumstances which shall stand deferred until the next election to the council.

      (3) Where no recognised group has overall control, it shall be competent for the council to implement other arrangements as it may determine.’.

Andrew Stunell
Tom Brake
Dr John Pugh

35

Clause 41, page 24, leave out lines 36 to 38.

Andrew Stunell
Tom Brake
Dr John Pugh

36

Clause 41, page 24, line 41, leave out from ‘arrangements’ to end of line 1 on page 25.

Andrew Stunell
Tom Brake
Dr John Pugh

37

Clause 41, page 25, line 12, leave out from ‘must’ to end of line 14 and insert ‘hold a referendum of local government electors in the authority’s area.’.

Andrew Stunell
Tom Brake
Dr John Pugh

41

Clause 41, page 26, leave out line 13.

Andrew Stunell
Tom Brake
Dr John Pugh

42

Clause 41, page 27, line 32, leave out from beginning to end of line 9 on page 28.

Andrew Stunell
Tom Brake
Dr John Pugh

43

Clause 41, page 28, leave out lines 10 to 15.

Andrew Stunell
Tom Brake
Dr John Pugh

44

Clause 41, page 28, leave out lines 16 to 26.

Andrew Stunell
Tom Brake
Dr John Pugh

45

Clause 41, page 29, leave out line 34.


Andrew Stunell
Tom Brake
Dr John Pugh

46

Clause 42, page 30, line 30, leave out subsection (3).


Andrew Stunell
Tom Brake
Dr John Pugh

47

Page 31, line 7, leave out Clauses 44 to 48.


Andrew Stunell
Tom Brake
Dr John Pugh

48

Page 41, line 7, leave out Clause 55.


Alistair Burt
Mr Robert Syms

58

Clause 56, page 42, line 3, leave out ‘an eligible’ and insert ‘a’.

Alistair Burt
Mr Robert Syms

59

Clause 56, page 42, line 4, leave out subsection (4).


Alistair Burt
Mr Robert Syms

60

Clause 57, page 42, line 11, leave out ‘an eligible’ and insert ‘a’.

Alistair Burt
Mr Robert Syms

61

Clause 57, page 42, line 16, leave out ‘an eligible’ and insert ‘a’.

Alistair Burt
Mr Robert Syms

62

Clause 57, page 42, line 17, leave out ‘an eligible’ and insert ‘a’.


Alistair Burt
Mr Robert Syms

63

Clause 77, page 52, line 6, at end insert ‘or’.

Alistair Burt
Mr Robert Syms

64

Clause 77, page 52, line 9, leave out paragraph (c).


Alistair Burt
Mr Robert Syms

88

Clause 79, page 53, line 4, at end insert—

        ‘( ) any individuals or groups of individuals or body, including any NHS organisation, providing general medical services’.

Andrew Stunell
Tom Brake
Dr John Pugh

49

Clause 79, page 53, leave out line 4 and insert—

          ‘(i) an NHS Trust or a Foundation Trust either commissioning or providing services to residents of some or all of the area;’.

Alistair Burt
Mr Robert Syms

65

Clause 79, page 53, line 10, at end insert—

        ‘(m) NHS Foundation Trusts and Health Trusts;

        (n) the Mayor of London;

        (o) Transport for London.’.


Alistair Burt
Mr Robert Syms

66

Clause 80, page 54, line 17, at end insert—

      ‘(1A) In this Chapter “national improvement targets” means national targets for improvement designated by the Secretary of State in respect of which there shall be a maximum number of thirty five.’.


Alistair Burt
Mr Robert Syms

89

Clause 81, page 55, line 3, after ‘being’, insert—

        ‘( ) the interests of the commissioners of general medical services;

        ( ) any guidance issued by the Director of Public Health;

        ( ) any guidance issued by the Chief Medical Officer;’.

Alistair Burt
Mr Robert Syms

67

Clause 81, page 55, line 4, at end insert—

        ‘(iii) the comprehensive area assessment which shall be phased in to coincide with the commencement date for Chapter 1 of this Act’.

Alistair Burt
Mr Robert Syms

90

Clause 81, page 55, line 11, after ‘authorities)’, insert ‘the Director of Public Health, the Chief Medical Officer’.


Alistair Burt
Mr Robert Syms

68

Clause 82, page 55, line 20, at end insert ‘only in respect of national improvement targets.’.


Alistair Burt
Mr Robert Syms

69

Clause 84, page 55, line 38, leave out ‘local’ and insert ‘national’.

Alistair Burt
Mr Robert Syms

70

Clause 84, page 55, line 42, leave out ‘local’ and insert ‘national’.


Alistair Burt
Mr Robert Syms

71

Clause 85, page 56, line 16, leave out ‘local’ and insert ‘national’.

Alistair Burt
Mr Robert Syms

72

Clause 85, page 56, line 27, leave out from ‘(b)’ to end of line 28.

Alistair Burt
Mr Robert Syms

73

Clause 85, page 56, line 31, at end insert—

      ‘(7) The responsible local authority may, with the consent of each person to whom the target in question is to relate, change, remove or revise a local improvement target.’.


Alistair Burt
Mr Robert Syms

74

Clause 86, page 56, line 40, after ‘to’, insert ‘national’.

Alistair Burt
Mr Robert Syms

75

Clause 86, page 56, line 41, after ‘of’, insert ‘national’.

Alistair Burt
Mr Robert Syms

76

Clause 86, page 56, line 42, leave out paragraph (c).

Alistair Burt
Mr Robert Syms

77

Clause 86, page 57, line 2, after ‘a’, insert ‘national’.

Alistair Burt
Mr Robert Syms

78

Clause 86, page 57, line 5, leave out paragraph (b).

Alistair Burt
Mr Robert Syms

79

Clause 86, page 57, line 12, after ‘of’, insert ‘national’.

Alistair Burt
Mr Robert Syms

80

Clause 86, page 57, line 12, leave out ‘or additional local improvement targets’.

Alistair Burt
Mr Robert Syms

81

Clause 86, page 57, line 20, after ‘of’, insert ‘national’.

Alistair Burt
Mr Robert Syms

82

Clause 86, page 57, line 20, leave out ‘or additional local improvement targets’.


Alistair Burt
Mr Robert Syms

83

Clause 87, page 57, line 42, after ‘a’, insert ‘national’.


Alistair Burt
Mr Robert Syms

84

Clause 88, page 58, line 8, leave out ‘local’ and insert ‘national’.


Alistair Burt
Mr Robert Syms

85

Clause 90, page 59, line 3, at beginning insert ‘national’.


Alistair Burt
Mr Robert Syms

86

Clause 95, page 64, line 2, leave out ‘for an area’.

Andrew Stunell
Tom Brake
Dr John Pugh

91

Clause 95, page 64, line 5, at end insert—

          ‘(iv) a district council in England other than those described in sub-paragraph (ii)’.


Alistair Burt
Mr Robert Syms

87

Page 86, line 34, leave out Clause 125.


NEW CLAUSES

Single transferable vote

Andrew Stunell
Tom Brake
Dr John Pugh

NC1

    To move the following Clause:—

      ‘(1) This section applies to elections of members of any Principal or Parish Council, including by-elections.

      (2) Each vote in the poll at an election shall be a single transferable vote.

      (3) For the purposes of subsection (2), a single transferable vote is a vote—

        (a) capable of being given so as to indicate the voter’s order of preference for the candidates for election as members for the constituency; and

        (b) capable of being transferred to the next choice when—

          (i) the vote is not needed to give a prior choice for the necessary quota of votes, or

          (ii) when a prior choice is eliminated from the list of candidates because of a deficiency in the number of votes given for him.’.


Concordat between local and central government

Andrew Stunell
Tom Brake
Dr John Pugh

NC2

    To move the following Clause:—

      ‘The Secretary of State shall enter into discussions within six months of this Bill coming into force with representatives from local government for the creation of an agreement setting out the rights and responsibilities of central government and local government in developing and maintaining secure democratic institutions, and shall report to the House annually on the implementation of that agreement.’.


Transfer of functions

Alistair Burt
Mr Robert Syms

NC3

    To move the following Clause:—

      ‘The Secretary of State shall by order designate the following functions for transfer from any regional assemblies or statutory bodies to relevant local authorities:

      (1) housing

      (2) planning

      (3) transport

      (4) learning and skills’.


Amendment of Local Government Act 2003

Alistair Burt
Mr Robert Syms

NC4

    To move the following Clause:—

      ‘Section 99 of the Local Government Act 2003 (c. 26) (categorisation of English local authorities by reference to performance) is hereby repealed.’.


Referendum to approve proposals

Alistair Burt
Mr Robert Syms

NC5

    To move the following Clause:—

      ‘(1) Subject to the provisions of section 37(3) the local authority may from time to time make proposals to adjust the number of councillors per ward and must hold a referendum in the ward or wards affected before taking any steps to implement them.

      (2) The local authority may not pass a resolution which makes the proposed change or changes unless the result of the referendum is to approve the proposals.

      (3) If the result of the referendum is not to approve the proposals, the local authority must publish in one or more newspapers circulating in its area a notice which—

        (a) summarises the proposals;

        (b) states that the referendum did not approve the proposals;

        (c) summarises the authority’s existing arrangements; and

        (d) states that the authority will be continuing to operate those arrangements.’.


ORDER OF THE HOUSE [22ND JANUARY 2007]

       The following provisions shall apply to the Local Government and Public Involvement in Health Bill:

Committal

        1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

        2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 8th March 2007.

        3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


 
 
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Prepared: 30 January 2007