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Tuesday 27th February 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 Order of the Committee [30th January]. Tom Brake 171 Clause 97, page 66, line 23, at end insert— ‘(1A) In section 236 (procedure for byelaws), after subsection (1) insert— “(1A) The procedure for the making and coming into force of the following byelaws shall be in accordance with this section: (a) the regulation of hackney carriages (taxis) under section 68 of the Town Police Clauses Act 1847, (b) the regulation of omibuses under section 6 of the Town Police Clauses Act 1889, (c) the regulation of local light railways and tramways under section 59 of the Leeds Supertram Act 1993, section 46 of the Croydon Tramlink Act 1994, paragraph 26 of Schedule 11 of the Greater London Authority Act 1999, section 62 of the Greater Nottingham Light Rapid Transit Act 1994 and other relevant local acts and Transport and Works Act Orders, (d) the regulation of walkways under section 35(6) of the Highways Act 1980, (e) the regulating of countryside recreation under the following enactments: (i) section 6 of the Metropolitan Commons Act 1866, (ii) section 84 of the Wimbledon and Putney Common Act 1871, (iii) section 15 of the Commons Act 1876, (iv) section 36 of The Epping Forest Act 1878, (v) section 1 of the Commons Act 1899, (vi) section 15 of the Open Spaces Act 1906, (vii) section 193 of the Law of Property Act 1925, (viii) section 235 of the Local Government Act 1972, (ix) section 19 of The Ashdown Forest Act 1974, (x) section 11 of The Dartmoor Commons Act 1985, (xi) section 17 of the Countryside and Rights of Way Act 2000, (xii) sections 90 and 91 of the National Parks and Access to the Countryside Act 1949, (xiii) sections 12 and 13 of the Countryside Act 1968, (xiv) section 41 of the Countryside Act 1968, (xv) section 17 of the Green Belt (London and Home Counties) Act 1938. (f) for land drainage purposes under section 66 of the Land Drainage Act 1991 (in so far as the body making the byelaws is a local authority), (g) the regulation of acupuncture, tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis under Part VIII of the Local Government (Miscellaneous Provisions) Act 1982, (h) the regulation of the use of public libraries and museums and the conduct of persons in those premises under section 19 of the Public Libraries and Museums Act 1964.”.’. Tom Brake 172 Clause 97, page 66, line 28, at end insert— ‘(2A) In section 236 (procedure for byelaws) (a) in subsection (3) leave out “by the confirming authority”. (b) in subsection (3A) leave out “by the confirming authority”.’. Tom Brake 173 Clause 97, page 66, line 28, at end insert— ‘(2A) In section 236 (procedure for byelaws) (a) for “application for” substitute “the proposed”. (b) for “apply for confirmation” substitute “confirm”.’. Tom Brake 174 Clause 97, page 66, line 28, at end insert— ‘(2A) In section 236 (procedure for byelaws), in subsection (5) for “application for” substitute “the proposed”.’. Tom Brake 175 Clause 97, page 66, line 28, at end insert— ‘(2A) In section 236 (procedure for byelaws), in subsection (7) (a) for “the confirming authority” substitute “the authority by whom the byelaws are made”. (b) for “submitted” substitute “made”. (c) leave out “for confirmation”.’. Tom Brake 176 Clause 97, page 66, line 28, at end insert— ‘(2A) In section 236 (procedure for byelaws) omit subsection (11).’. Andrew Stunell
211 8 Clause 109, page 76, line 15, leave out ‘unless he has consulted’ and insert ‘without the consent of’. Mr Phil Woolas 141 Clause 116, page 82, line 17, leave out ‘an order’ and insert ‘a scheme’. Mr Phil Woolas 144 Schedule 11, page 150, line 38, at beginning insert ‘Subject to paragraph 9(2A),’. Mr Phil Woolas 145 Schedule 11, page 154, line 13, after ‘terms’ insert ‘, including terms as to payment,’. Mr Phil Woolas 146 Schedule 11, page 154, line 14, leave out sub-paragraphs (3) to (5) and insert— ‘(2A) In sub-paragraph (1), the reference to another public authority includes a public authority outside the United Kingdom.’. Mr Phil Woolas 142 Clause 122, page 85, line 32, leave out ‘and’. Mr Phil Woolas 143 Clause 122, page 85, line 34, at end insert ‘; and ( ) section 42 (consultancy services relating to audit of accounts of registered social landlords). ( ) In section 43 of that Act (interpretation), for the words from the beginning to “have” substitute “In this section and sections 40 to 41B, “registered social landlord” has”.’. Andrew Stunell
108 Page 85, line 30, leave out Clause 122. Alistair Burt
87 Page 86, line 34, leave out Clause 125. Mr Phil Woolas 185 Clause 131, page 91, line 9, leave out from ‘(2)’ to end of line 11 and insert ‘include principles which are to apply at all times to a person who is a member or co-opted member.”’. Mr Phil Woolas 186 Clause 131, page 91, line 13, leave out from ‘conduct’ to end of line 15 and insert ‘include provisions which are to apply at all times to a person who is a member or co-opted member.”’. Mr Phil Woolas 187 Clause 131, page 91, line 18, leave out from ‘(4)(c)’ to end of line 20 and insert ‘include provisions which are to apply at all times to a person who is a member or co-opted member.”’. Andrew Stunell
124 Clause 131, page 91, line 21, leave out subsection (4). Mr Phil Woolas 188 Clause 131, page 92, line 1, after second ‘in’, insert ‘Part 3 of’. Mr Phil Woolas 189 Clause 131, page 92, line 6, at end insert— ‘(9A) References in subsections (6) to (8) to the
code of conduct of a relevant authority include, in relation to a relevant
authority whose members and co-opted members are subject to mandatory
provisions by virtue of section 51(5)(b) of the Alistair Burt
165 Clause 132, page 92, line 20, at end insert— ‘(1A) Where a standards committee receives an allegation under subsection (1) it must copy the allegation to the person who is the subject of the complaint.’. Alistair Burt
166 Clause 132, page 92, line 41, after ‘allegation’, insert ‘and the person who is the subject of the complaint’. Alistair Burt
151 Clause 132, page 93, leave out lines 9 to 29. Alistair Burt
152 Clause 132, page 93, line 34, leave out ‘and 57B(4)’. Alistair Burt
164 Clause 132, page 93, line 38, at end insert— ‘(1A) The Standards Board for England shall publish the reasons for making or revoking a direction under subsection (1)’. Alistair Burt
153 Clause 132, page 94, leave out lines 4 to 9. Mr Phil Woolas 190 Clause 132, page 94, line 26, at end insert— ‘(e) modifying section 67(2A) in relation to any case where a direction under this section is in force at a time when the Public Services Ombudsman for Wales is of the opinion mentioned there.’. Alistair Burt
167 Clause 132, page 94, line 46, after ‘allegation’, insert ‘and the person who is the subject of the complaint’. Alistair Burt
154 Clause 132, page 95, leave out line 20. Alistair Burt
163 Clause 138, page 98, line 32, leave out subsection (3) and insert— ‘(3) Section 62 of the Act (ethical standards officers: investigations and findings) is amended as follows— (a) omit subsection (1), (b) in subsection (2)(b) after “such”, insert “documents,”.’. Alistair Burt
155 Clause 138, page 98, line 35, at end insert— ‘(3A) In section 63(1) of that Act (restrictions on disclosure of information obtained by ethical standards officers)— (a) at the beginning insert ‘Confidential’; (b) leave out paragraph(c).’. Alistair Burt
156 Clause 138, page 99, line 5, at end add— ‘(5) After section 63(1) of that Act insert— “(1A) Confidential information obtained by ethical standards officers under section 61 or 62 shall be disclosed to the person who is the subject of the complaint on terms that the information is to be kept confidential by that person, his solicitors or counsel, and named advisers, if it is in the interest of fairness that it be disclosed.”.’. Alistair Burt
157 Clause 138, page 99, line 5, at end add— ‘( ) After section 63(3) of that Act insert— “(3A) If an ethical standards officer is not able fairly to continue his investigation because of a notice given under subsection (2), he shall discontinue his investigation and state that the investigation is being discontinued because of the notice.”.’. Alistair Burt
158 Clause 139, page 99, line 15, at end insert— ‘(3A) After subsection (3) insert— “(3B) Subject to subsections 3(C) and 3(D) where an ethical standards officer produces a report under this section he shall take reasonable steps to send a copy to any person who is named in the report or who made any allegation which gave rise to the investigation and shall publish the report. (3C) If the report contains information whose disclosure is prohibited by section 63 the report shall be released to the person who is the subject of the investigation on terms that the information subject to section 63 is to be kept confidential by that persons, his solicitors or counsel, and named advisers. (3D) If the report contains information whose disclosure is prohibited by section 63, the report which is sent to any person under subsection (3B) (other than the person who is the subject of the investigation) and is publish shall be in a redacted form.”.’. Alistair Burt
159 Clause 139, page 99, line 25, at end insert— ‘(8A) After subsection (5) insert— “(5A) Subject to subsection (5B) where an ethical standards officer produces a report under this section he shall take reasonable steps to send to copy to any person who is named in the report (other than the person who is the subject of the investigation) or who made any allegation which gave rise to the investigation and shall publish the report. (5B) If the report contains information whose disclosure is prohibited by section 63, the report which is sent to any person under subsection (5A) and is publish shall be in a redacted form.”.’. Alistair Burt
160 Clause 139, page 99, line 32, at end add— ‘(11) After section 71(3) of that Act (reports etc) insert— “(3A) Subject to subsections (3B) and (3C) where the Public Services Ombudsman for Wales produces a report under this section he shall take reasonable steps to send a copy to any person who is named in the report or who made any allegation which gave rise to the investigation and shall publish the report. (3B) If the report contains information whose disclosure is prohibited by section 63 the report shall be released to the person who is the subject of the investigation on terms that the information subject to section 63 is to be kept confidential by that person, his solicitors or counsel, and named advisers. (3C) If the report contains information whose disclosure is prohibited by section 63, the report which is sent to any person under subsection (3B) (other than the person who is the subject of the investigation) and is published shall be in a redacted form.”. (12) After section 72(5) insert— “(5A) Subject to subsection (5B) where the Public Services Ombudsman for Wales produces a report under this section he shall take reasonable steps to send a copy to any person who is named in the report (other than the person who is the subject of the investigation) or who made any allegation which gave rise to the investigation and shall publish the report. (5B) If the report contains information whose disclosure is prohibited by section 63, the report which is sent to any person under subsection (5A0 and is published shall be in a redacted form.”. (13) In section 83(1) of that Act (interpretation of Part III) insert after “Police Act 1996”— “redacted form” means a version where confidential information has been removed and replaced by a non-confidential explanation of the removed material;’. Alistair Burt
161 Clause 140, page 99, leave out lines 36 to 40. Alistair Burt
162 Clause 140, page 100, line 2, after ‘report’, insert ‘and the ethical standards officer has also produced the report in a redacted form’. Alistair Burt
177 Clause 140, page 100, line 2, leave out ‘it’ and insert ‘the unredacted report’. Mr Phil Woolas 191 Clause 141, page 100, line 26, leave out ‘and (3)’ and insert ‘, (1A) and (3) to (5)’. Mr Phil Woolas 192 Clause 143, page 101, leave out lines 32 and 33 and insert— ‘(2) In section 67 of that Act (consultation with ombudsmen), in each of subsections (2) and (2A)—’. Mr Phil Woolas 193 Clause 149, page 107, line 24, at end insert— ‘( ) A standards committee must when determining for the purposes of subsection (3) or (4) whether or not the duties of a post fall within section 2(3) have regard to any general advice given by the Secretary of State under section 3B.’. Mr Phil Woolas 194 Clause 149, page 108, line 5, at end insert— ‘3B General advice as to politically restricted posts: England (1) The Secretary of State may in relation to England give such general advice with respect to the determination of questions arising by virtue of section 2(3) as he considers appropriate. (2) Before giving general advice under this section the Secretary of State must consult such representatives of local government and such organisations appearing to him to represent employees in local government as he considers appropriate.”’. Andrew Stunell
125 Clause 151, page 108, line 23, leave out ‘abolished’ and insert ‘to be amalgamated such that each new tribunal exercises jurisdiction over cases arising within each Government Standard Economic Region.’. Alistair Burt
196 Clause 153, page 109, line 26, at end insert— ‘(aa) monitoring the quality of the delivery of care services;’. Alistair Burt
197 Clause 153, page 109, line 34, at end insert ‘and to patients and the public’. Alistair Burt
198 Clause 153, page 109, line 35, leave out subsection (3). Patrick Hall 182 Clause 153, page 109, line 36, leave out ‘or omitting any of’. Patrick Hall 180 Clause 153, page 109, line 39, at end insert— ‘(4A) The Secretary of State shall make payments to each local authority that are in the opinion of the Secretary of State sufficient to cover the costs incurred by that local authority in making contractual arrangements specified under subsection (1). (4B) Nothing in this section shall prevent a local authority making contractual arrangements under subsection (1) so as to ensure that the activities specified in subsection (2) are carried on to a greater extent than would be the case if the arrangements were to cost no more than the payments made available under subsection (4A). (4C) The Secretary of State must send to the Comptroller and Auditor General within sixty days after the end of the financial year a statement showing the payments made to each local authority under subsection (4A) and the costs incurred by each local authority in making contractual arrangements under subsection (1). (4D) The Comptroller and Auditor General must examine, certify and report on the statement provided by the Secretary of State under subsection (4C) and must lay copies of the statement and of his report before Parliament.’. |
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| © Parliamentary copyright 2007 | Prepared: 27 February 2007 |