| Local Government and Public Involvement in Health Bill - continued | House of Commons |
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Andrew Stunell
223 8 Clause 163, page 117, line 9, after ‘representatives’, insert ‘which shall include Local Involvement Networks’. Alistair Burt
207 Clause 163, page 117, line 11, leave out ‘significant’. Alistair Burt
208 Clause 163, page 117, line 13, leave out ‘significant’. Patrick Hall 222 Clause 163, page 117, line 14, at end insert— ‘(1BA) for the purposes of subsection (1B)(c) decisions affecting the operation of services shall include any decision that changes the organisation responsible for any of the services that are delivered.’. Alistair Burt
209 Clause 163, page 117, leave out lines 15 to 20. Alistair Burt
210 Clause 163, page 117, leave out lines 21 to 26. Andrew Stunell
233 8 Clause 163, page 117, line 26, at end insert— ‘(c) the physical access and travel to those services by users.’. Alistair Burt
217 Clause 163, page 117, leave out lines 27 to 29. Alistair Burt
218 Clause 163, page 117, line 30, leave out ‘subsections (1B) to (1E)’ and insert ‘subsection (1B)’. Andrew Stunell
234 8 Clause 164, page 118, line 10, at end insert— ‘(c) on any disagreements between the Trust and the Local Involvement Network or a Local Health Overview and Scrutiny Committee.’. Andrew Stunell
212 Schedule 14, page 166, line 44, at end insert— ‘Matter 12.6 Provision for and in connection with methods of election and electoral arrangements.’. Andrew Stunell
178 Clause 166, page 118, line 36, leave out ‘senior executive member’ and insert ‘whole council’. Andrew Stunell
179 Clause 166, page 118, line 36, after ‘arrangements’, insert ‘by majority resolution of the whole council’. Mr Phil Woolas 213 Clause 167, page 119, line 32, leave out ‘100C’ and insert ‘100E’. Mr Phil Woolas 214 Clause 167, page 119, line 33, leave out ‘100CA’ and insert ‘100EA’. Mr Phil Woolas 215 Clause 167, page 120, line 5, leave out ‘100CA(2)’ and insert ‘100EA(2)’. Mr Phil Woolas 216 Clause 167, page 120, line 5, at end insert— ‘( ) In section 41 of the (a) in subsection (2A)(a), after “that authority,” insert “or a member of that executive”; (b) in subsection (2A)(b), after “as the case may be,” insert “by the member of that executive or”; (c) after subsection (2A) insert— “(2B) Subsection (2C) applies to a record if— (a) it records a decision made or action taken by a member of a local authority or of a precursor of a local authority in exercise of a function of the authority or precursor by virtue of arrangements made under section 166 of the Local Government and Public Involvement in Health Act 2007, and (b) it is required to be made by regulations under section 100EA of the Local Government Act 1972. (2C) If a document which purports to be a copy of a record to which this subsection applies bears a certificate— (a) purporting to be signed by— (i) the proper officer of the local authority, or (ii) a person authorised in that behalf by that officer or by the local authority, and (b) stating that the decision was made or the action was taken by the member of the local authority on the date specified in the certificate, the document shall be evidence in any proceedings of the matters stated in the certificate and of the terms of the decision, or nature of the action, in question.”’. NEW CLAUSES Appointment of auditors Mr Phil Woolas NC11 To move the following Clause:— ‘In section 3(6) of the Inspection and disclosure of personal information Mr Phil Woolas NC12 To move the following Clause:— ‘(1) Section 15 of the (2) In subsection (3) for “about a member of the staff of the body whose accounts are being audited” substitute “within the meaning of subsection (3A) or (4)”. (3) After subsection (3) insert— “(3A) Information is personal information if— (a) it identifies a particular individual or enables a particular individual to be identified; and (b) the auditor considers that it should not be inspected or disclosed.”. (4) In subsection (4), for the words from the beginning to “if it” substitute “Information is personal information if it is information about a member of the staff of the body whose accounts are being audited which”.’. Appointment of auditor to carry out agreed audits Mr Phil Woolas NC 13 To move the following Clause:— ‘(1) Section 29 of the (2) In subsection (1), for “undertake the audit of” substitute “appoint an auditor to audit”. (3) After subsection (1) insert— “(1A) An auditor appointed under subsection (1) may be— (a) an officer of the Commission, (b) an individual who is not an officer of the Commission, or (c) a firm of individuals who are not officers of the Commission.”. (4) In subsection (2), after “the Commission” insert “, the auditor”.’. Certain references to code of conduct to include default code Mr Phil Woolas NC17 To move the following Clause:— ‘(1) In section 37 of the “(4) In relation to an authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1)(c) to the authority’s code of conduct for the time being under section 51 is to the mandatory provisions which for the time being apply to the members and co-opted members of the authority.” (2) In section 52 of that Act (duty to comply with code of conduct), after subsection (4) insert— “(5) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b)— (a) the references in subsections (2) to (4) to the authority’s code of conduct for the time being under section 51 include the mandatory provisions which for the time being apply to the members and co-opted members of the authority, and (b) the references in subsections (3) and (4) to any time after the authority have adopted a code of conduct under section 51 for the first time are to be read as references to any time after the coming into force of section (certain references to code of conduct to include default code) of the Local Government and Public Involvement in Health Act 2007.” (3) In section 54 of that Act (functions of standards committees), after subsection (3) insert— “(3A) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), references in subsection (1)(b) and (2)(b) and (c) to the authority’s code of conduct are to those mandatory provisions.”’. Politically restricted posts: consequential amendments Mr Phil Woolas NC18 To move the following Clause:— ‘(1) In section 2 of the (a) in subsections (1)(g) and (2) after “section 3” insert “or 3A”; (b) in subsection (5) after “local authority” insert “in Scotland and Wales”; (c) after subsection (5) insert— “(5A) It shall be the duty of every local authority in England in performing their duties under this section to have regard to such general advice as may be given by virtue of section 3B below by the Secretary of State.” (2) In the (a) in section 61(2)(a) (power to require attendance at Assembly meetings) for “to 3” substitute “, 2 and 3A”; (b) in section 68(1)(b) (disqualification and political restriction) for “and 3” substitute “and 3A”; (c) in section 70(7) (terms and conditions of employment) for “and 3” substitute “and 3A”.’. Single transferable vote Andrew Stunell
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
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
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
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
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.’. Changing scheme for ordinary whole council elections Andrew Stunell
NC6 To move the following Clause:— ‘(1) This section applies if an eligible council resolves, during a permitted resolution period, that the council is to be subject to the scheme for partial-council elections. (2) The council ceases to be subject to the scheme for whole council elections. (3) The council becomes subject to the scheme for partial-council elections. (4) The council must not pass the resolution unless it has taken reasonable steps to consult on the change to partial-council elections. (5) It is for the council to decide which persons it is appropriate to consult. (6) No resolution of the council may reverse the effect of this section within eight years of a resolution being made in accordance with subsection (1). (7) In this section “permitted resolution period”,
in relation to an eligible council, means a period specified in the
second column of the following table in relation to that type of council
(8) The Secretary of State may by order provide that a permitted resolution period is to end later than the last day of that period specified in the table.’. Scheme for partial-council elections Andrew Stunell
NC7 To move the following Clause:— ‘(1) The scheme for partial-council elections is as follows. (2) The term of office of councillors is four years. (3) Elections of the councillors of the council are to be held in the year after the resolution is passed and every year after it other than every third year after it. (4) One third (or as nearly as may be) of the councillors are elected in each year in which the elections are held. (5) On the fourth day after elections are held— (a) the councillors elected in those elections are to come into office, and (b) the sitting councillors are to retire. (6) In this section— “resolution period” means the permitted resolution period in which the council passes a resolution for the purposes of section 32; “sitting councillors” means the councillors who hold office at the time ordinary elections are held.’. Local authority resolution to change electoral system Andrew Stunell
NC8 To move the following Clause:— ‘(1) Any local authority may, not later than 12th September in the year that is two years before the year in which it shall take effect, resolve that the next two elections of the local authority will be held using an approved electoral system other than that used for the previous election. (2) A resolution under this section— (a) takes effect, subject to paragraph (b), for the next two elections of the local authority; and (b) continues in effect until either— (i) a further resolution under this section takes effect; or (ii) a poll of electors of the local authority held under this Act takes effect. (3) A local authority may not resolve to change its electoral system more than once every five years.’. Approved electoral systems Andrew Stunell
NC9 To move the following Clause:— ‘(1) The following methods of election shall be approved electoral systems pursuant to this Act— (a) “First Past the Post” which means the system currently used for elections to the UK Parliament. (b) “Single Transferable Vote” as defined in the Local Government in Scotland Act 2003 (asp1) by the Scottish Parliament. (c) An “Additional Member System” as defined in the Scotland Act 1998 (c. 46). (d) An “Alternative Vote” system which is one in which if no candidate obtains the votes of 50 per cent. of those voting in a single member constituency the subsequent preferences of those who voted for the losing candidates are successively taken into account until one candidate has obtained 50 per cent. of those voting. (e) An “Alternative Vote Plus” system which is an Additional Member System in which the constituency Members are elected by means off the Alternative Vote system.’. Local authority scrutiny of crime and disorder matters Alistair Burt
NC10 To move the following Clause:— ‘(1) Section 19 of the Police and Justice Act 2006 (c. 48) (local authority scrutiny of crime and disorder matters) is amended as follows. (2) Omit subsections (3) to (7). (3) In subsection (8) omit “or (7)”. (4) In subsection (11) omit the definition of “local crime and disorder matters.”.’. Alternative procedure for byelaws (consequential amendments) Tom Brake NC14 To move the following Clause:— ‘(1) The Public Health Act 1961 (c. 64) is amended as follows. (2) In section 75 (Byelaws as to pleasure fairs and roller skating rinks) omit subsection (8). (3) In section 76 (Byelaws as to seaside pleasure boats) omit subsection (2). (4) In section 77 (Byelaws as to hairdressers and barbers) omit subsection (3).’. National health involvement network Patrick Hall NC15 To move the following Clause:— ‘(1) There shall be a body corporate to be known as the National Health Involvement Network to exercise the functions set out in section 153(2) to (5). (2) The National Health Involvement Network has the following functions— (a) advising the Secretary of State, and such other bodies as it may consider appropriate, about arrangements for promoting the involvement of people in the commissioning, provision and scrutiny of care services; (b) representing to the Secretary of State, and such other bodies as it may consider appropriate, and advising him and them on the views in England of people about their needs for, and their experiences of, care services; (c) representing to the Secretary of State, and such other bodies as it may consider appropriate, and advising him and them on the views of local involvement networks in England on their activities as respects section 153(2); (d) facilitating the coordination of the activities of local involvement networks; (e) advising and assisting local involvement networks in England; (f) setting quality standards relating to any aspect of the way local involvement networks exercise their functions, monitoring how successfully they meet those standards, and making recommendations to them about how to improve their performance against those standards; (g) promoting the involvement of people in the commissioning, provision and scrutiny of care services; (h) such other functions in relation to England as may be prescribed. (3) The Secretary of State shall by regulations make further provision in respect of the National Health Involvement Network and these may include such matters as status, powers, membership, appointment, staff, payments to, accounts, audit and reports.’. |
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| © Parliamentary copyright 2007 | Prepared: 1 March 2007 |