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Tuesday 6th March 2007 Public Bill Committee New Amendments handed in are marked thus * Other Amendments not tabled within the required notice period are marked thus # Local Government and Public Involvement in Health Bill Note The Amendments have been arranged in accordance with the Order of the Committee [30th January]. Andrew Stunell
226 Clause 153, page 109, line 28, after ‘of’, insert ‘access to’. Alistair Burt
197 Clause 153, page 109, line 34, at end insert ‘and to patients and the public’. Andrew Stunell
227 Clause 153, page 109, line 34, at end insert— ‘(d) notifying relevant transport bodies of any problems or improvements in access to care services.’. 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.’. Alistair Burt
199 Clause 154, page 110, line 15, at end insert— ‘(2A) A local involvement network must consist of— (a) individual members; (b) representatives of organisations; and (c) mechanisms for participation of individuals in A’s area who are not members.’. Alistair Burt
201 Clause 154, page 110, line 17, at end insert ‘and who does not commission or provide local care services’. Patrick Hall 183 Clause 154, page 110, line 17, at end insert— ‘( ) In making arrangements, A may select as H either the National Health Involvement Network or such other person who in the opinion of A is able to deliver such an arrangement under section 153(1) so that it meets the general duty as set out in section 3 of the Local Government Act 1999.’. Alistair Burt
200 Clause 154, page 110, line 17, at end insert— ‘(3A) In making the arrangements, H must invite all members of patients’ forums in A’s area to become individual members of the local involvement network.’. Andrew Stunell
228 Clause 154, page 110, line 26, at end insert— ‘(h) any organisation providing local care services.’. Patrick Hall 184 Clause 154, page 110, line 27, at end insert— ‘( ) The arrangements must provide that a local involvement network is provided with the staff, premises and resources that are necessary in the opinion of A for the local involvement network to carry on in A’s area activities specified in section 153(2).’. Andrew Stunell
229 Clause 154, page 110, line 29, at end insert— ‘(7) No chair of an organisation listed under subsections (4)(d) to (4)(h) shall also be a leader of a Local Involvement Network.’. Alistair Burt
202 Clause 155, page 111, line 2, at end insert— ‘(f) any other organisation contracted to provide care services.’. Andrew Stunell
230 Clause 155, page 111, line 2, at end insert— ‘(f) any care provider commissioned to deliver local services.’. Patrick Hall 219 Clause 156, page 111, line 9, leave out ‘may’ and insert ‘shall’. Andrew Stunell
231 Clause 156, page 111, line 10, after first ‘a’, insert ‘locally funded’. Andrew Stunell
232 Clause 156, page 112, line 10, at end insert— ‘(f) any care provider commissioned to deliver local services.’. Alistair Burt
203 Clause 156, page 111, line 11, leave out ‘view’ and insert ‘inspect’. Patrick Hall 220 Clause 156, page 111, leave out lines 15 to 19. Patrick Hall 221 Clause 156, page 111, leave out lines 22 to 38. Alistair Burt
204 Clause 156, page 112, line 10, at end insert— ‘(f) any other organisation contracted to provide care services.’. Alistair Burt
205 Clause 157, page 112, line 13, leave out ‘social’. Mr Phil Woolas 135 Clause 159, page 114, line 33, leave out from ‘council’ to ‘county’ in line 34 and insert ‘in England, other than a council for a district in a county for which there is a’. Alistair Burt
206 Clause 163, page 117, line 4, at end insert— ‘(e) any other organisation contracted to provide care services;’. Andrew Stunell
223 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 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 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.”’. Mr Phil Woolas 235 Clause 169, page 121, line 36, at end insert— ‘(oa) an authority established by an order under section (implementation of proposals by order) of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);’. 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”.’. Power to change date of local elections to date of European Parliamentary general election Mr Phil Woolas NC19 To move the following Clause:— ‘(1) In section 37 of the “(2A) Subsection (1) is subject to any order under— (a) section 37A (local government areas in England), or (b) section 37B (local government areas in Wales).” (2) After that section insert— “37A Power to change date of local elections to date of European Parliamentary general election: England (1) The Secretary of State may by order provide that in a year in which a European Parliamentary general election is to be held— (a) the ordinary day of election of councillors for counties in England, districts and London boroughs, (b) the ordinary day of election of councillors for parishes, and (c) as respects Authority elections, the day on which the poll is to be held at an ordinary election, shall be changed so as to be the same as the date of the poll at the European Parliamentary general election. (2) An order under subsection (1) may make provision under all of paragraphs (a) to (c) or under one or more of those paragraphs. (3) The power under subsection (1) may only be exercised, on each occasion, in relation to a single year. (4) Before making an order under this section, the Secretary of State must consult— (a) the Electoral Commission, and (b) such other persons or bodies as he considers appropriate. (5) An order under subsection (1) may make incidental, supplementary or consequential provision or savings. (6) Where the Welsh Ministers make an order under section 37B, the Secretary of State may by order make such consequential provision in relation to elections in England as he thinks fit. (7) The powers under subsections (5) and (6) include power to make— (a) different provision for different purposes; (b) provision disapplying or modifying the application of an enactment or an instrument made under an enactment. (8) An order under this section must be made by statutory instrument. (9) A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. 37B Power to change date of local elections to date of European Parliamentary general election: Wales (1) The Welsh Ministers may by order provide that, in a year in which a European Parliamentary general election is to be held, the ordinary day of election of councillors for— (a) counties in Wales and county boroughs, and (b) communities, shall be changed so as to be the same as the date of the poll at the European Parliamentary general election. (2) An order under subsection (1) may make provision under paragraphs (a) and (b) or under one of those paragraphs. (3) The power under subsection (1) may only be exercised, on each occasion, in relation to a single year. (4) Before making an order under this section, the Welsh Ministers must consult— (a) the Electoral Commission, and (b) such other persons or bodies as they consider appropriate. (5) An order under subsection (1) may make incidental, supplementary or consequential provision or savings. (6) Where the Secretary of State makes an order under section 37A, the Welsh Ministers may by order make such consequential provision in relation to elections in Wales as they think fit. (7) The powers under subsections (5) and (6) include power to make— (a) different provision for different purposes; (b) provision disapplying or modifying the application of an enactment or an instrument made under an enactment. (8) An order under this section must be made by statutory instrument. (9) A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.” (3) In section 3 of the |
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