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

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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
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

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
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

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Local Government Act 2003 (c. 26) (categorisation of English local authorities by reference to performance) is hereby repealed.’.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
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

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
Tom Brake
Dr John Pugh

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

Type of eligible council Permitted resolution periods
Metropolitan district (1) The period ending 31st December 2007
(2) The period in 2011, or in any fourth year afterwards, which—
(a) starts with 1st October, and (b) ends with 31st December.
Non-metropolitan district (1) The period ending with 31st December 2010.
(2) The period in 2014, or in any fourth year afterwards, which—
(a) starts with 1st October, and (b) ends with 31st December.

      (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
Tom Brake
Dr John Pugh

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
Tom Brake
Dr John Pugh

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
Tom Brake
Dr John Pugh

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
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr David Burrowes
Mr Philip Dunne

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.’.


Form of local involvement networks

Patrick Hall

NC16

    To move the following Clause:—

      ‘(1) The Secretary of State shall make regulations making provision in relation to the activities specified in section 153(2).

      (2) The regulations shall in particular make provision as to—

        (a) the appointment of members, categories of membership and governance,

        (b) the minimum number of members,

        (c) any qualification or disqualification for membership,

        (d) terms of appointment,

        (e) circumstances in which a person ceases to be a member or may be suspended,

        (f) proceedings of local involvement networks,

        (g) the discharge of any function of a local involvement network by a committee of the local involvement network or by a joint committee appointed with another local involvement network,

        (h) the appointment, as members of a committee or joint committee, of persons who are not members of the local involvement network or local involvement networks concerned,

        (i) the funding of local involvement networks and the provision of premises, other facilities and staff,

        (j) the payment of travelling and other allowances to members of a local involvement network or of a committee of a local involvement network or a joint committee of two or more local involvement networks (including attendance allowances or compensation for loss of remunerative time).

      (3) The regulations must provide that no less than half of the members of a local involvement network are persons who are members of or representatives of voluntary organisations whose purpose, or one of whose purposes, is to advance the interests of—

        (a) persons for whom care services are being provided as specified in section 153(5), or

        (b) persons who provide care for such persons, but who are not employed to do so by any body in the exercise of its functions under any enactment.

      (4) The regulations may include provision applying, or corresponding to, any provision of Part 5A of the Local Government Act 1972 (c. 70) (access to meetings and documents), with or without modifications.’.


Incorporation of the European Charter of Local Self-Government

Andrew Stunell
Tom Brake
Dr John Pugh

NC33

    * To move the following Clause:—

      ‘(1) In this Act “the Articles” means the provisions set out in Articles 2 to 11 of the European Charter of Local Self-Government.

      (2) Those Articles are to have effect for the purposes of this Act.

      (3) The Articles are set out in Schedule [Articles 2-11 of the European Charter of Local Self-Government].’.


NEW SCHEDULE

Andrew Stunell
Tom Brake
Dr John Pugh

NS1

    * To move the following Schedule:—

‘Articles 2 to 11 of the European Charter of Local Self-Government

    Article 2Constitutional and legal foundation for local self-government

The principle of local self-government shall be recognised in domestic legislation, and where practicable in the constitution.

    Article 3Concept of local self-government

1 Local self-government denotes the right and the ability of local authorities, within the limits of the law, to regulate and manage a substantial share of public affairs under their own responsibility and in the interests of the local population.

2 This right shall be exercised by councils or assemblies composed of members freely elected by secret ballot on the basis of direct, equal, universal suffrage, and which may possess executive organs responsible to them. This provision shall in no way affect recourse to assemblies of citizens, referendums or any other form of direct citizen participation where it is permitted by statute.

    Article 4Scope of local self-government

1 The basic powers and responsibilities of local authorities shall be prescribed by the constitution or by statute. However, this provision shall not prevent the attribution to local authorities of powers and responsibilities for specific purposes in accordance with the law.

2 Local authorities shall, within the limits of the law, have full discretion to exercise their initiative with regard to any matter which is not excluded from their competence nor assigned to any other authority.

3 Public responsibilities shall generally be exercised, in preference, by those authorities which are closest to the citizen. Allocation of responsibility to another should weigh up the extent and nature of the task and requirements of efficiency and economy.

4 Powers given to local authorities shall normally be full and exclusive. They may not be undermined or limited by another, central or regional, authority except as provided for by the law.

5 Where powers are delegated to them by a central or regional authority, local authorities shall, insofar as possible, be allowed discretion in adapting their exercise to local conditions.

6 Local authorities shall be consulted, insofar as possible, in due time and in an appropriate way in the planning and decision-making processes for all matters which concern them directly.

    Article 5Protection of local authority boundaries

Changes in local authority boundaries shall not be made without prior consultation of the local communities concerned, possibly by means of a referendum where this is permitted by statute.

    Article 6Appropriate administrative structures and resources for the tasks of local authorities

1 Without prejudice to more general statutory provisions, local authorities shall be able to determine their own internal administrative structures in order to adapt them to local needs and ensure effective management.

2 The conditions of service of local government employees shall be such as to permit the recruitment of high-quality staff on the basis of merit and competence; to this end adequate training opportunities, remuneration and careers prospects shall be provided.

    Article 7Conditions under which responsibilities at local level are exercised

1 The conditions of office of local elected representatives shall provide for free exercise of their functions.

2 They shall allow for appropriate financial compensation for expenses incurred in the exercise of the office in question as well as, where appropriate, compensation for loss of earnings or remuneration for work done and corresponding social welfare protection.

3 Any functions and activities which are deemed incompatible with the holding of local elective office shall be determined by statute or fundamental legal principles.

    Article 8Administrative supervision of local authorities activities

1 Any administrative supervision of local authorities may only be exercised according to such procedures and in such cases as are provided for by the constitution or by statute.

2 Any administrative supervision of the activities of the local authorities shall normally aim only at ensuring compliance with the law and with constitutional principles. Administrative supervision may however be exercised with regard to expediency by higher-level authorities in respect of tasks the execution of which is delegated to local authorities.

3 Administrative supervision of local authorities shall be exercised in such a way as to ensure that the intervention of the controlling authority is kept in proportion to the importance of the interests which it is intended to protect.

    Article 9Financial resources of local authorities

1 Local authorities shall be entitled, within national economic policy, to adequate financial resources of their own, of which they may dispose freely within the framework of their powers.

2 Local authorities’ financial resources shall be commensurate with the responsibilities provided for by the constitution and the law.

3 Part at least of the financial resources of local authorities shall derive from local taxes and charges of which, within the limits of the statute, they have the power to determine the rate.

4 The financial systems on which resources available to local authorities are based shall be of a sufficiently diversified and buoyant nature to enable them to keep pace as far as practically possible with the real evolution of the cost of carrying out their tasks.

5 The protection of financially weaker local authorities calls for the institution of financial equalisation procedures or equivalent measures which are designed to correct the effects of the unequal distribution of potential sources of finance and of the financial burden they must support. Such procedures or measures shall not diminish the discretion local authorities may exercise within their own sphere of responsibility.

6 Local authorities shall be consulted, in an appropriate manner, on the way in which redistributed resources are to be allocated to them.

7 As far as possible, grants to local authorities shall not be earmarked for the financing of specific projects. The provision of grants shall not remove the basic freedom of local authorities to exercise policy discretion within their own jurisdiction.

8 For the purpose of borrowing for capital investment, local authorities shall have access to the national capital market within the limits of the law.

    Article 10Local authorities right to associate

1 Local authorities shall be entitled, in exercising their powers, to co-operate and, within the framework of the law, to form consortia with other local authorities in order to carry out tasks of common interest.

2 The entitlement of local authorities to belong to an association for the protection and promotion of their common interests and to belong to an international association of local authorities shall be recognised in each State.

3 Local authorities shall be entitled, under such conditions as may be provided for by the law, to co-operate with their counterparts in other States.

    Article 11Legal protection of local self-government

Local authorities shall have the right of recourse to a judicial remedy in order to secure free exercise of their powers and respect for such principles of local self-government as are enshrined in the constitution or domestic legislation.’.


Mr Phil Woolas

236

Clause 170, page 122, line 41, after ‘section’ insert ‘(joint waste authorities in Wales) or’.

Mr Phil Woolas

237

Clause 170, page 122, line 42, at end insert—

      ‘(2A) An order under section (joint waste authorities in Wales), other than an order to which subsection (2B) applies, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

      (2B) An order under section (joint waste authorities in Wales) which includes provision amending an enactment may not be made unless a draft of the order has been laid before and approved by a resolution of the National Assembly for Wales.’.

 
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Prepared: 6 March 2007