House of Commons - Amendments

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

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Mr Phil Woolas

238

Clause 170, page 123, line 1, leave out ‘, 32 or 173’ and insert ‘or 32’.

Mr Phil Woolas

239

Clause 170, page 123, line 4, after ‘17’ insert ‘or (implementation of proposals by order)’.

Mr Phil Woolas

240

Clause 170, page 123, line 4, after ‘17’ insert ‘or 173’.

Mr Phil Woolas

241

Clause 170, page 123, line 14, at end insert—

‘(4A) In relation to an order under section 173—

(a) the reference in subsection (3) above to an enactment includes an Act of the Scottish Parliament or Northern Ireland legislation; and

(b) the reference in that subsection to subordinate legislation of which a draft was required to be laid before and approved by a resolution of each House of Parliament includes an instrument of which a draft was required to be laid before and approved by a resolution of the Scottish Parliament.’.

Mr Phil Woolas

242

Clause 170, page 123, line 21, leave out ‘or Chapter 1 of Part 5’ and insert ‘, Chapter 1 of Part 5 or section (proposals for joint waste authorities in England)’.

Mr Phil Woolas

243

Clause 174, page 124, line 7, after ‘section’ insert ‘(Power to change date of local elections to date of European Parliamentary general election) or’.

Mr Phil Woolas

195

Clause 174, page 124, line 7, at end insert ‘(politically restricted posts: consequential amendments) or by’.

Mr Phil Woolas

244

Clause 174, page 124, line 7, at end insert ‘(consequential amendments) or by’.

Mr Phil Woolas

260

* Clause 174, page 124, line 8, after first ‘Schedule’ insert ‘1,’.

Mr Phil Woolas

261

* Clause 174, page 124, line 8, after ‘Part’ insert ‘1,’.

Mr Phil Woolas

245

Clause 175, page 124, line 25, at end insert ‘except section (Health and social care: joint strategic needs assessments);’.

Mr Phil Woolas

246

Clause 175, page 124, line 33, leave out ‘and 108’ and insert ‘, 108 and (joint waste authorities in Wales)’.

Patrick Hall

181

Clause 175, page 124, line 37, at end insert—

‘( ) Sections 160, 161 and 162 shall not come into force until the Secretary of State is satisfied that a local involvement network is in place and is functioning in each local authority area.’.

Mr Phil Woolas

247

Schedule 1, page 127, line 21, leave out from beginning to ‘(electoral’ and insert—

‘(1) The Local Government Act 1972 is amended as follows.

(2) In section 6(2)(a)’.

Mr Phil Woolas

248

Schedule 1, page 127, line 23, at end insert—

‘(3) In section 12 (supplementary provision about orders to dissolve parish councils etc)—

(a) in subsection (2), for the words from “section 20” to the end substitute “section 16 of the Local Government and Public Involvement in Health Act 2007 (agreements about incidental matters) shall apply as if—

(a) the reference in subsection (1) to an order under section 7 or 10 of that Act were to an order under section 10 or 11 of this Act; and

(b) the reference in subsection (5)(b) to any order or regulations under Chapter 1 of Part 1 of that Act were to an order under section 10 or 11 of this Act.”;

(b) in subsection (3), for “such order” substitute “order under section 10 or 11 above”.

(4) In Schedule 2 (constitution and membership of London borough councils), in paragraph 7, in each of sub-paragraphs (1)(b) and (2) after “1992” insert “or Part 1 of the Local Government and Public Involvement in Health Act 2007”.

Race Relations Act 1976 (c. 74)

12 In Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty), in Part 1, omit paragraph 33.

Rent Act 1977 (c. 42)

13 In section 62(1) of the Rent Act 1977 (registration areas), after “1992” insert “or Part 1 of the Local Government and Public Involvement in Health Act 2007 (orders constituting new local government areas etc)”.

Interpretation Act 1978 (c. 30)

14 In Schedule 1 to the Interpretation Act 1978 (words and expressions defined), in the definition of “London borough” for “or Part II of the Local Government Act 1992” substitute “, Part 2 of the Local Government Act 1992 or Part 1 of the Local Government and Public Involvement in Health Act 2007”.

Coroners Act 1988 (c. 13)

15 In section 1 of the Coroners Act 1988 (appointment of coroners)—

(a) in subsection (1)(b), after “1992” insert “or Part 1 of the Local Government and Public Involvement in Health Act 2007”;

(b) in subsection (1A)(e) for “or section 17 of the Regional Assemblies (Preparations) Act 2003” substitute “, section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007”.

Local Government Finance Act 1988 (c. 41)

16 (1) The Local Government Finance Act 1988 is amended as follows.

(2) In section 74(2A) (levies), for “or section 17 of the Regional Assemblies (Preparations) Act 2003” substitute “, section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007”.

(3) In section 89 (collection funds)—

(a) in subsection (2), for “subsection (2A)” substitute “subsections (2A) to (2C)”;

(b) after subsection (2B) insert—

“(2C) In the case of—

(a) a district council or London borough council established by an order under Part 1 of the Local Government and Public Involvement in Health Act 2007, or

(b) a county council to which the functions of district councils in relation to the county council’s area are transferred by or in consequence of such an order,

the collection fund must be established on a date specified in the order or in regulations made under section 14 of that Act.”

(4) In section 91 (general funds)—

(a) in subsection (1)(aa) for “or section 17 of the Regional Assemblies (Preparations) Act 2003” substitute “, section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007”;

(b) in subsection (3) for “and (3C)” substitute “to (3D)”;

(d) after subsection (3C) insert—

“(3D) In the case of—

(a) a district council or London borough council established by an order under Part 1 of the Local Government and Public Involvement in Health Act 2007, or

(b) a county council to which the functions of district councils in relation to the county council’s area are transferred by or in consequence of such an order,

the general fund must be established on a date specified in the order or in regulations made under section 14 of that Act.”;

(e) in subsection (8) for “county council such as is referred to in subsection (3B)(b) above” substitute “relevant county council”;

(f) after subsection (8) insert—

“(9) In subsection (8)—

“relevant county council” means—

(a) a county council such as is referred to in subsection (3B)(b) above, or

(b) an existing county council to which the functions of district councils in relation to the county council’s area are transferred by or in consequence of an order under Part 1 of the Local Government and Public Involvement in Health Act 2007, and

“the reorganisation date” means the date on which the council is required by this section to establish its general fund.”

Food Safety Act 1990 (c. 16)

17 In section 27(5) of the Food Safety Act 1990 (appointment of public analysts), omit the words “pursuant to a structural change”.

Environment Act 1995 (c. 25)

18 (1) The Environment Act 1995 is amended as follows.

(2) In section 75(8) (National Parks: powers to make orders), for “Part II of the Local Government Act 1992” substitute “Part 1 of the Local Government and Public Involvement in Health Act 2007”.

(3) In section 79(1) (interpretation of Part 3), in the definition of “public authority”—

(a) omit the words “or residuary body”;

(b) after “1992” insert “, any residuary body established under section 17 of the Local Government and Public Involvement in Health Act 2007”.

Police Act 1996 (c. 16)

19 (1) The Police Act 1996 is amended as follows.

(2) In section 1(2)(a) (police areas), for “or section 17 of the Local Government Act 1992” substitute “section 17 of the Local Government Act 1992 or Part 1 of the Local Government and Public Involvement in Health Act 2007”.

(3) In section 100(1) (chief constables affected by local government reorganisations etc), for “section 17 of the Local Government Act 1992” substitute “Part 1 of the Local Government and Public Involvement in Health Act 2007”.

Freedom of Information Act 2000 (c. 36)

20 In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in paragraph 23 for “section 22 of the Local Government Act 1992” substitute “section 17 of the Local Government and Public Involvement in Health Act 2007”.

Regional Assemblies (Preparations) Act 2003 (c. 10)

21 (1) In the Regional Assemblies (Preparations) Act 2003, after section 27 insert—

“27A Saving for provisions of Local Government Act 1992 as applied

(1) In this section “the relevant time” means the coming into force of the repeals in the Local Government Act 1992 made by Part 1 of Schedule 1 to the Local Government and Public Involvement in Health Act 2007.

(2) This Act shall have effect from the relevant time as if those repeals had not been made.”

(2) The power under section 173 of this Act to amend the Regional Assemblies (Preparations) Act 2003—

(a) is not limited by this paragraph;

(b) includes power to amend or repeal section 27A of that Act.

Fire and Rescue Services Act 2004 (c. 21)

22 (1) The Fire and Rescue Services Act 2004 is amended as follows.

(2) In section 2 (power to create combined fire and rescue authorities), in each of subsections (9)(c) and (10)(a), for “Part 2 of the Local Government Act 1992 (c.19) or section 17 of the Regional Assemblies (Preparations) Act 2003 (c.10)” substitute “section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007”.

(3) In section 4(7)(b) (combined authorities under the Fire Services Act 1947), for “Part 2 of the Local Government Act 1992 (c.19) or section 17 of the Regional Assemblies (Preparations) Act 2003 (c.10)” substitute “section 17 of the Regional Assemblies (Preparations) Act 2003 or Part 1 of the Local Government and Public Involvement in Health Act 2007”.’.

Mr Phil Woolas

249

Schedule 5, page 135, line 14, leave out ‘this Part’ and insert ‘paragraphs 2 to 5A’.

Mr Phil Woolas

250

Schedule 5, page 135, line 19, at end insert—

‘(3) In subsection (6)—

(a) for “section 16 of the Local Government and Rating Act 1997” substitute “section 61 of the Local Government and Public Involvement in Health Act 2007”;

(b) for “section 16 of the Act of 1997” substitute “section 61 of the 2007 Act”.

2A (1) Section 10 (power to dissolve parish councils in small parishes) is amended as follows.

(2) In subsection (1) after “district council” in each place insert or “London borough council”.’.

Mr Phil Woolas

251

Schedule 5, page 135, line 20, at end insert—

‘(1A) In subsection (1)—

(a) after “district council” in each place insert “or London borough council”;

(b) after “same district” insert “or London borough”.’.

Mr Phil Woolas

252

Schedule 5, page 135, line 35, leave out sub-paragraph (4) and insert—

‘(3A) In subsection (4) after “district council” in each place insert “or London borough council”.

(4) In subsection (5) for “section 16 of the Local Government and Rating Act 1997” in each place substitute “section 61 of the Local Government and Public Involvement in Health Act 2007”.’.

Mr Phil Woolas

253

Schedule 5, page 135, line 37, at end insert—

‘3A (1) Section 12 (provision supplementary to sections 9 to 11) is amended as follows.

(2) In subsection (1)—

(a) after “district councils” in the first place insert “or by a London borough council”;

(b) after “district councils” in the second place insert “or the London borough council”.’.

Mr Phil Woolas

254

Schedule 5, page 136, line 15, at end insert—

‘4A (1) Section 137 (power of local authorities to incur expenditure for certain purposes) is amended as follows.

(2) In subsection (9) for “means a parish or community council” substitute “means—

(a) a parish council which is not an eligible parish council for the purposes of Part 1 of the Local Government Act 2000, or

(b) a community council”.’.

Mr Phil Woolas

255

Schedule 5, page 136, line 25, at end insert—

‘5A (1) Schedule 3 (establishment of new authorities in England) is amended as follows.

(2) In paragraph 10(1), (2) and (3) (parish councillors) for “Part II of the Local Government and Rating Act 1997” substitute “Part 4 of the Local Government and Public Involvement in Health Act 2007”.’.

Mr Phil Woolas

256

Schedule 5, page 136, line 28, leave out paragraphs 6 to 10.

Mr Phil Woolas

257

Schedule 15, page 167, line 10, at end insert—

‘Race Relations Act 1976 (c. 74)	In Schedule 1A, in Part 1, paragraph 33.
Local Government Finance Act 1988 (c. 41)	In section 91(3B), the words “(in this section referred to as “the reorganisation date”)”.
Food Safety Act 1990 (c. 16)	In section 27(5), the words “pursuant to a structural change”.’.

Mr Phil Woolas

258

Schedule 15, page 168, line 13, at end insert—

‘Environment Act 1995 (c. 25)

In section 79(1), in the definition of “public authority”, the words “or residuary body”.’.

Mr Phil Woolas

147

Schedule 15, page 170, line 48, leave out ‘4’ and insert ‘1’.

Mr Phil Woolas

148

Schedule 15, page 173, line 10, column 2, at end insert—

‘Section 42.’.

Mr Phil Woolas

149

Schedule 15, page 173, line 11, at end insert—

	‘In Schedule 1, paragraph 8(2)(d).
Government of Wales Act 1998 (c. 38)	In Schedule 16, paragraphs 101 and 102.’.

Mr Phil Woolas

150

Schedule 15, page 173, line 20, column 2, at end insert—

‘In Schedule 2, paragraph 31(a).’.

Mr Phil Woolas

259

Schedule 15, page 173, line 35, at end insert—

‘Part 11A

The Commission for Local Administration in England

Short title and chapter	Extent of repeal
Local Government Act 1974 (c. 7)	In section 23— (a) in subsection (4), the words from “after consultation” to the end; (b) in subsection (6), the words from “, and shall in any case vacate office” to the end.
	Section 23A(4) and (5).
	In Schedule 4, paragraph 4(5).
Local Government and Housing Act 1989 (c. 42)	Section 24(1).
Local Government and Housing Act 1989 (c. 42)	In Schedule 11, paragraph 37.
Local Government Act 2003 (c. 26)	In Schedule 7, paragraph 5(2) and (4).
Public Service Ombudsman (Wales) Act 2005 (c. 10)	In Schedule 6— (a) paragraph 9(5); (b) paragraph 18(11).’.

Mr Phil Woolas

That certain written evidence already reported to the House be appended to the proceedings of the Committee.

ORDER OF THE HOUSE [22ND JANUARY 2007]

The following provisions shall apply to the Local Government and Public Involvement in Health Bill:

Committal

1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 8th March 2007.

3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.

ORDER OF THE COMMITTEE [30TH JANUARY, 8TH FEBRUARY AND
20TH FEBRUARY]

That—

(1) the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 30th January) meet—

(a) at 4.30 p.m. on Tuesday 30th January;

(b) at 9.30 a.m. and 2.00 p.m. on Thursday 1st February;

(d) at 9.30 a.m. on Thursday 8th February;

(e) at 10.30 a.m. and 4.30 p.m. on Tuesday 20th February;

(f) at 9.30 a.m. and 2.00 p.m. on Thursday 22nd February;

(g) at 10.30 a.m. on Tuesday 27th February;

(h) at 9.30 a.m. and 2.00 p.m. on Thursday 1st March;

(i) at 10.30 a.m. and 4.30 p.m. on Tuesday 6th March;

(j) at 9.30 a.m. and 2.00 p.m. on Thursday 8th March;

(2) the Committee shall hear oral evidence in accordance with the following Table;

TABLE
Date	Time	Witness
Tuesday 30th January	Until no later than 1.00 p.m.	Local Government Association
Tuesday 30th January	Until no later than 5.15 p.m.	Gordon Keymer CBE, Chair of the District Councils Group, Local Government Association
Tuesday 30th January	Until no later than 6.00 p.m.	London Councils
Tuesday 30th January	Until no later than 7.00 p.m.	Health Link
Thursday 1st February	Until no later than 10.25 a.m.	Unlock Democracy
Thursday 1st February	Until no later than 4.00 p.m.	Department for Communities and Local Government, Department of Health

(3) Proceedings on consideration of the Bill in Committee shall be taken in the following order: Clauses 1 to 104; Schedule 7; Clauses 105 to 112; Schedule 8; Clauses 113 to 116; Schedule 10; Clause 117; Schedule 11; Clause 118 to 151; Schedule 12; Clauses 152 to 165; Schedule 14; Clauses 166 to 169; new Clauses; new Schedules; Clauses 170 to 176; Schedules 1 to 6; Schedule 9; Schedule 13; Schedule 15; remaining proceedings on the Bill;

(4) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00 p.m. on Thursday 8th March.