Local Government and Public Involvement in Health Bill - continued          House of Commons

back to previous text

Health and social care: joint strategic needs assessments

Mr Phil Woolas

NC20

    To move the following Clause:—

      ‘(1) An assessment of relevant needs must be prepared in relation to the area of each responsible local authority.

      (2) A further assessment of relevant needs in relation to the area of a responsible local authority—

        (a) must be prepared if the Secretary of State so directs; and

        (b) may be prepared at any time.

      (3) It is for—

        (a) the responsible local authority, and

        (b) each of its partner PCTs,

      to prepare any assessment of relevant needs under this section in relation to the area of the responsible local authority.

      (4) The responsible local authority must publish each assessment of relevant needs prepared under this section in relation to its area.

          (i) is capable of being met to a significant extent by the exercise by the responsible local authority of any of its functions; and

          (ii) could also be met, or could otherwise be affected, to a significant extent by the exercise by the partner PCT of any of its functions; or

        (b) which—

          (i) is capable of being met to a significant extent by the exercise by the partner PCT of any of its functions; and

          (ii) could also be met, or could otherwise be affected, to a significant extent by the exercise by the responsible local authority of any of its functions.

      (7) In preparing an assessment under this section, the responsible local authority and each partner PCT must—

        (a) co-operate with one another;

        (b) have regard to any guidance issued by the Secretary of State; and

        (c) if the responsible local authority is a county council, consult each relevant district council.

      (8) In this section—

      “partner PCT”, in relation to a responsible local authority, means any Primary Care Trust which is a partner authority of the responsible local authority;

      “relevant district council” means—

      (a) in relation to a responsible local authority, any district council which is a partner authority of it; and

      (b) in relation to a partner PCT of a responsible local authority, any district council which is a partner authority of the responsible local authority and whose district falls wholly or partly within the area for which the partner PCT acts.’.


Appointment and removal of Commissioners

Mr Phil Woolas

NC21

    To move the following Clause:—

      ‘(1) Section 23 of the Local Government Act 1974 (c. 7) (appointment and removal of Commissioners) is amended as follows.

      (2) In subsection (4) (appointment of Commissioners) omit from “after consultation” to the end.

      (3) After subsection (4) insert—

      “(4A) Subject to subsections (5) to (6), a Commissioner shall hold and vacate office in accordance with the terms of his appointment.”

      (4) For subsection (5) substitute—

      “(5) A Commissioner’s appointment may be a full-time or part-time appointment and, with the Commissioner’s consent, the terms of the appointment may be varied as to whether it is full-time or part-time.

      (5A) A Commissioner must be appointed for a period of not more than 7 years.

      (5B) A Commissioner shall, subject to subsection (6), hold office until the end of the period for which he is appointed.”

      (5) In subsection (6) (removal of Commissioners and obligation to vacate office at end of year in which Commissioner attains age of 65) omit from “, and shall in any case vacate office” to the end.

      (6) After subsection (6) insert—

      “(6A) A person appointed to be a Commissioner is not eligible for re-appointment.”’.


Annual reports

Mr Phil Woolas

NC22

    To move the following Clause:—

      ‘(1) Section 23A of the Local Government Act 1974 (c. 7) (annual reports) is amended as follows.

      (2) In subsection (1), after “functions” insert “(an “annual report”)”.

      (3) In subsection (2)—

        (a) for “The report” substitute “The annual report”;

        (b) for “their own report” substitute “their annual report”.

      (4) In subsection (3), for “the report submitted by them under subsection (1) above” substitute “the annual report”.

      (5) After subsection (3) insert—

      “(3A) The Commission must lay a copy of the annual report before Parliament.”

      (6) Omit subsections (4) and (5) (comments on Commission’s annual report).’.


Making complaints etc electronically

Mr Phil Woolas

NC23

    To move the following Clause:—

      ‘(1) Part 3 of the Local Government Act 1974 (c. 7) (Commission for Local Administration in England) is amended as follows.

      (2) In section 32 (law of defamation and disclosure of information), after subsection (3) insert—

      “(3A) A notice under subsection (3) above may not be given electronically.”

      (3) In section 34 (interpretation of Part), after subsection (1) insert—

      “(1A) In this Part of this Act, except as otherwise provided, references to something being done in writing are to it being done in writing whether electronically or otherwise (and references to anything written shall be interpreted accordingly).”’.


Expenses of the Commission

Mr Phil Woolas

NC24

    To move the following Clause:—

      ‘In Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) for paragraphs 6 to 8 substitute—

    “5A (1) The Secretary of State must pay to the Commission in respect of each financial year such amount as he determines to be the amount required for the discharge during that year of the functions of the Commission.

    (2) A determination under sub-paragraph (1) must be approved by the Treasury.”’.


Delegation

Mr Phil Woolas

NC25

    To move the following Clause:—

      ‘In Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) at the end insert—

      “Delegation

    13 (1) Any function of a Commissioner may be discharged on the Commissioner’s behalf—

      (a) by any person authorised by the Commissioner to do so, and

      (b) to the extent so authorised.

    (2) Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function.”’.


Proposals for joint waste authorities in England

Mr Phil Woolas

NC26

    To move the following Clause:—

      ‘(1) A proposal under this section is a proposal to the Secretary of State that an authority be established for a specified area in England to discharge in that area the waste functions specified in the proposal.

      (2) A proposal under this section may be made by (and only by) all the local authorities that are local waste authorities in relation to the area specified in the proposal.

      (3) A local authority is a “local waste authority” in relation to the specified area if—

        (a) its area forms the whole or part of the specified area; and

        (b) it currently has one or more of the specified waste functions.

      (4) A proposal under this section may not be made if there is a local authority for the whole of the specified area which currently has all of the specified waste functions.

      (5) The Secretary of State may by regulations make provision as to—

        (a) matters to be included in a proposal under this section;

        (b) information that must accompany a proposal.

      (6) Regulations under subsection (5)(a) may in particular provide that a proposal under this section must include proposals—

        (a) as to the number of members of the proposed authority (as to membership, see section (membership of joint waste authorities));

        (b) as to the number of members to be appointed by each local authority making the proposal;

        (c) as to the procedure for appointing a chairman and a vice-chairman;

        (d) for the costs of the proposed authority to be met by the local authorities making the proposal, and as to the basis on which the amount payable by each of the local authorities is to be determined.

      (7) In making a proposal under this section the local authorities must have regard to any guidance from the Secretary of State as to—

        (a) what a proposal should seek to achieve;

        (b) matters that should be taken into account in formulating a proposal.

      (8) In this section—

      “specified” means specified in the proposal;

      “waste function” means a function conferred on a local authority by or under—

      (c) Part 2 of the Environmental Protection Act 1990 (c. 43) (waste on land);

      (d) Part 4 of that Act (litter etc);

      (e) section 32 of the Waste and Emissions Trading Act 2003 (c. 33) (joint municipal waste management strategies: England).

      (9) In this Part “local authority” means—

        (a) a county council;

        (b) a district council;

        (c) a London borough council;

        (d) the Common Council of the City of London;

        (e) the sub-treasurer of the Inner Temple;

        (f) the under treasurer of the Middle Temple;

        (g) an authority established under section 10 of the Local Government Act 1985 (c. 51) (joint arrangements for waste disposal functions); or

        (h) a joint waste authority established under section (implementation of proposals by order).’.


Consultation

Mr Phil Woolas

NC27

    To move the following Clause:—

      ‘(1) A proposal may not be made by any local authorities under section (proposals for joint waste authorities in England) unless—

        (a) the local authorities prepared a draft of the proposal; and

        (b) each local authority took reasonable steps to consult the following about the draft—

          (i) the relevant electors;

          (ii) any interested person in the authority’s area.

      (2) A person is a “relevant elector”—

        (a) in relation to a county council, district council or London borough council, if he is a local government elector for the council’s area;

        (b) in relation to the Common Council of the City of London, if his name appears in a ward list published under section 7 of the City of London (Various Powers) Act 1957 (5 & 6 Eliz 2 c x);

        (c) in relation to the sub-treasurer of the Inner Temple or the under treasurer of the Middle Temple, if his name appears in the ward list published with respect to the ward of Farrington Without in the City under section 7 of the City of London (Various Powers) Act 1957;

        (d) in relation to an authority established under section 10 of the Local Government Act 1985 (c. 51) (joint arrangements for waste disposal functions), if he is a relevant elector in relation to any local authority whose area forms part of the area for which the authority was established;

        (e) in relation to a joint waste authority established under section (implementation of proposals by order), if he is a relevant elector in relation to any local authority whose area forms the whole or part of the area for which the joint waste authority was established.

      (3) In this section, “local government elector” means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts.’.


Implementation of proposals by order

Mr Phil Woolas

NC28

    To move the following Clause:—

      ‘(1) Where the Secretary of State receives a proposal under section (proposals for joint waste authorities in England) he may by order implement the proposal with or without modifications.

      (2) An authority established by an order under subsection (1) is referred to in this Part as a “joint waste authority”.

      (3) An order under subsection (1) may make provision enabling the Secretary of State to require the authority established by the order to submit to him a scheme for—

        (a) the winding-up of the authority; and

        (b) the transfer of its functions, property, staff, rights and liabilities to appropriate local authorities.

      (4) The Secretary of State may by order provide for giving effect (with or without modification) to any scheme submitted to him under a provision made by virtue of subsection (3) and for the dissolution of the authority.

      (5) The Secretary of State may exercise his powers under subsection (4) only where—

        (a) he receives a request to do so from all the appropriate local authorities; or

        (b) he considers that it is necessary to do so.

      (6) The Secretary of State may by order exclude any functions from those for which a joint waste authority was established.

      (7) An order under this section may include incidental, consequential, transitional or supplementary provision.

      (8) The provision that may be made by virtue of subsection (7) includes in particular provision—

        (a) for the transfer of property, rights or liabilities;

        (b) for legal proceedings commenced by or against any authority to be continued by or against an authority to whom property, rights or liabilities are transferred;

        (c) for the transfer of staff, compensation for loss of office, pensions and other staffing matters;

        (d) for treating any authority to whom a transfer is made for any purposes as the same person in law as the authority from whom the transfer is made.

      (9) The provision that may be made by virtue of subsection (7) includes provision amending, modifying, excluding or applying (with or without modifications) any enactment or any instrument made under any enactment.

      (10) The power of the Secretary of State under subsection (1) to implement a proposal with modifications does not include power to—

        (a) establish a joint waste authority for an area that is different from the area specified in the proposal; or

        (b) establish a joint waste authority to discharge waste functions that are not specified in the proposal.

      (11) In this section—

      “appropriate local authority”, in relation to a joint waste authority, means a local authority which would, but for the establishment of the joint waste authority, have one or more of the functions that the joint waste authority has;

      “waste function” has the same meaning as in section (proposals for joint waste authorities in England).’.


Membership of joint waste authorities

Mr Phil Woolas

NC29

    To move the following Clause:—

      ‘A person may be a member of a joint waste authority only if he is—

        (a) a member of a local authority which would, but for the establishment of the joint waste authority, have one or more of the functions that the joint waste authority has;

        (b) the sub-treasurer of the Inner Temple or the under treasurer of the Middle Temple in a case where the sub-treasurer or the under treasurer would, but for the establishment of the joint waste authority, have one or more of the functions that the joint waste authority has.’.


Consequential amendments

Mr Phil Woolas

NC30

    To move the following Clause:—

      ‘(1) In section 101(13) of the Local Government Act 1972 (arrangements for discharge of functions by local authorities), after “police authority” insert “, an authority established for an area in England by an order under section (implementation of proposals by order) of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)”.

      (2) In section 1(1) of the Local Government Act 1999 (best value authorities), after paragraph (g) insert—

        “(ga) an authority established for an area in England by an order under section (implementation of proposals by order) of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.

      (3) In Schedule 1 to the Freedom of Information Act 2000 (public authorities), after paragraph 15 insert—

“15A An authority established for an area in England by an order under section (implementation of proposals by order) of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities).”

      (4) In section 24 of the Waste and Emissions Trading Act 2003 (c. 33) (waste sent to landfills: definitions)—

        (a) in subsection (5), for the words “In this Chapter” substitute “Subject to subsection (6), in this Chapter”;

        (b) after subsection (5) insert—

      “(6) For the purposes of this Chapter, a joint waste authority for an area in England that has the function of disposing of biodegradable municipal waste is the waste disposal authority for that area.

      (7) In subsection (6) a “joint waste authority” means 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 in Wales

Mr Phil Woolas

NC31

    To move the following Clause:—

      ‘(1) The Welsh Ministers may by order make provision in relation to Wales applying any provisions of sections (proposals for joint waste authorities in England) to (membership of joint waste authorities) with—

        (a) the substitution for references to the Secretary of State of references to the Welsh Ministers; and

        (b) such other modifications as they consider appropriate.

      (2) An order under this section may include incidental, consequential or supplementary provision, including provision amending or modifying—

        (a) any enactment;

        (b) any instrument made under an enactment.

      (3) The reference in subsection (1) to any provisions of sections (proposals for joint waste authorities in England) to (membership of joint waste authorities) includes a reference to any provisions of Part 14 so far as relating to any of those sections.’.


Interpretation

Mr Phil Woolas

NC32

    To move the following Clause:—

      ‘In this Part—

      “joint waste authority” has the meaning given by section (implementation of proposals by order)(2);

      “local authority” has the meaning given by section (proposals for joint waste authorities in England)(9).’.


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.’.


 
previous Section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search Page enquiries ordering index

© Parliamentary copyright 2007
Prepared: 6 March 2007