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Thursday 8th March 2007

Public Bill Committee


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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
Tom Brake
Dr John Pugh

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
Tom Brake
Dr John Pugh

178

Clause 166, page 118, line 36, leave out ‘senior executive member’ and insert ‘whole council’.

Andrew Stunell
Tom Brake
Dr John Pugh

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 Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (evidence of resolutions and minutes of proceedings etc)—

        (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 Audit Commission Act 1998 (c. 18) (appointment of firm as auditor) for “each of its members” substitute “the appointment provides that the audit may be conducted only by a member or employee of the firm who”.’.


Inspection and disclosure of personal information

Mr Phil Woolas

NC12

    To move the following Clause:—

      ‘(1) Section 15 of the Audit Commission Act 1998 (c. 18) (inspection of documents and questions at audit) is amended as follows.

      (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 Audit Commission Act 1998 (c. 18) (agreed audit of accounts) is amended as follows.

      (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 Local Government Act 2000 (c. 22) (local authority constitution), after subsection (3) insert—

      “(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 Local Government and Housing Act 1989 (c. 42) (politically restricted posts)—

        (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 Greater London Authority Act 1999 (c. 29) —

        (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 Representation of the People Act 1983 (c. 2) (ordinary days of local elections in England and Wales), after subsection (2) insert—

      “(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 Greater London Authority Act 1999 (c. 29) (time of ordinary elections), in subsection (3), after “section 37(2)” insert “or 37A”.’.


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.”’.


 
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Prepared: 8 March 2007