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

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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.’.


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.’.


 
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Prepared: 8 March 2007