| Local Government and Public Involvement in Health Bill - continued | House of Commons |
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Local authority scrutiny of crime and disorder matters Alistair Burt
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
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
NS1 To move the following Schedule:— Article 2—Constitutional 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 3—Concept 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 4—Scope 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 5—Protection 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 6—Appropriate 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 7—Conditions 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 8—Administrative 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 9—Financial 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 10—Local 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 11—Legal 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.’. 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”. 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. 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)”. 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”. 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”. 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)”; (c) in subsection (3B) omit “(in this section referred to as “the reorganisation date”)”; (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.” 17 In section 27(5) of the Food Safety Act 1990 (appointment of public analysts), omit the words “pursuant to a structural change”. 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”. 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”. 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”. 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. 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”.’. |
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