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| | Local Government and Public Involvement in Health Bill
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| | [Thirteenth and Fourteenth Sittings]
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| | Clause 131, page 91, line 9, leave out from ‘(2)’ to end of line 11 and insert |
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| | ‘include principles which are to apply at all times to a person who is a member or co-opted |
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| | Clause 131, page 91, line 13, leave out from ‘conduct’ to end of line 15 and insert |
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| | ‘include provisions which are to apply at all times to a person who is a member or co- |
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| | Clause 131, page 91, line 18, leave out from ‘(4)(c)’ to end of line 20 and insert |
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| | ‘include provisions which are to apply at all times to a person who is a member or co- |
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| | Clause 131, page 91, line 21, leave out subsection (4). |
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| | Clause 131, page 92, line 1, after second ‘in’, insert ‘Part 3 of’. |
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| | Clause 131, page 92, line 6, at end insert— |
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| | | ‘(9A) | References in subsections (6) to (8) to the code of conduct of a relevant authority |
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| | | include, in relation to a relevant authority whose members and co-opted members |
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| | | are subject to mandatory provisions by virtue of section 51(5)(b) of the Local |
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| | | Government Act 2000 (c. 22), those mandatory provisions.’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 132, page 92, line 20, at end insert— |
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| | | ‘(1A) | Where a standards committee receives an allegation under subsection (1) it must |
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| | | copy the allegation to the person who is the subject of the complaint.’. |
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| | Clause 132, page 92, line 41, after ‘allegation’, insert ‘and the person who is the |
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| | subject of the complaint’. |
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| | Clause 132, page 93, leave out lines 9 to 29. |
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| | Clause 132, page 93, line 34, leave out ‘and 57B(4)’. |
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| | Clause 132, page 93, line 38, at end insert— |
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| | | ‘(1A) | The Standards Board for England shall publish the reasons for making or |
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| | | revoking a direction under subsection (1)’. |
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| | Clause 132, page 94, leave out lines 4 to 9. |
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| | Clause 132, page 94, line 26, at end insert— |
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| | | ‘(e) | modifying section 67(2A) in relation to any case where a direction under |
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| | | this section is in force at a time when the Public Services Ombudsman for |
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| | | Wales is of the opinion mentioned there.’. |
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| | Clause 132, page 94, line 46, after ‘allegation’, insert ‘and the person who is the |
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| | subject of the complaint’. |
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| | Clause 133, page 95, leave out line 20. |
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| | | Clauses 134 to 137 Agreed to. |
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| | Clause 138, page 98, line 32, leave out subsection (3) and insert— |
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| | | ‘(3) | Section 62 of the Act (ethical standards officers: investigations and findings) is |
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| | | (b) | in subsection (2)(b) after “such”, insert “documents,”.’. |
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| | Clause 138, page 98, line 35, at end insert— |
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| | | ‘(3A) | In section 63(1) of that Act (restrictions on disclosure of information obtained by |
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| | | ethical standards officers)— |
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| | | (a) | at the beginning insert ‘Confidential’; |
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| | | (b) | leave out paragraph(c).’. |
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| | Clause 138, page 99, line 5, at end add— |
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| | | ‘(5) | After section 63(1) of that Act insert— |
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| | | “(1A) | Confidential information obtained by ethical standards officers under |
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| | | section 61 or 62 shall be disclosed to the person who is the subject of the |
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| | | complaint on terms that the information is to be kept confidential by that |
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| | | person, his solicitors or counsel, and named advisers, if it is in the interest |
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| | | of fairness that it be disclosed.”.’. |
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| | Clause 138, page 99, line 5, at end add— |
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| | | ‘( ) | After section 63(3) of that Act insert— |
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| | | “(3A) | If an ethical standards officer is not able fairly to continue his |
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| | | investigation because of a notice given under subsection (2), he shall |
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| | | discontinue his investigation and state that the investigation is being |
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| | | discontinued because of the notice.”.’. |
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| | Clause 139, page 99, line 15, at end insert— |
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| | | ‘(3A) | After subsection (3) insert— |
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| | | “(3B) | Subject to subsections (3C) and (3D) where an ethical standards officer |
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| | | produces a report under this section he shall take reasonable steps to send |
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| | | a copy to any person who is named in the report or who made any |
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| | | allegation which gave rise to the investigation and shall publish the |
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| | | (3C) | If the report contains information whose disclosure is prohibited by |
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| | | section 63 the report shall be released to the person who is the subject of |
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| | | the investigation on terms that the information subject to section 63 is to |
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| | | be kept confidential by that persons, his solicitors or counsel, and named |
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| | | (3D) | If the report contains information whose disclosure is prohibited by |
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| | | section 63, the report which is sent to any person under subsection (3B) |
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| | | (other than the person who is the subject of the investigation) and is |
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| | | publish shall be in a redacted form.”.’. |
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| | Clause 139, page 99, line 25, at end insert— |
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| | | ‘(8A) | After subsection (5) insert— |
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| | | “(5A) | Subject to subsection (5B) where an ethical standards officer produces a |
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| | | report under this section he shall take reasonable steps to send to copy to |
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| | | any person who is named in the report (other than the person who is the |
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| | | subject of the investigation) or who made any allegation which gave rise |
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| | | to the investigation and shall publish the report. |
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| | | (5B) | If the report contains information whose disclosure is prohibited by |
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| | | section 63, the report which is sent to any person under subsection (5A) |
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| | | and is publish shall be in a redacted form.”.’. |
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| | Clause 139, page 99, line 32, at end add— |
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| | | ‘(11) | After section 71(3) of that Act (reports etc) insert— |
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| | | “(3A) | Subject to subsections (3B) and (3C) where the Public Services |
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| | | Ombudsman for Wales produces a report under this section he shall take |
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| | | reasonable steps to send a copy to any person who is named in the report |
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| | | or who made any allegation which gave rise to the investigation and shall |
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| | | (3B) | If the report contains information whose disclosure is prohibited by |
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| | | section 63 the report shall be released to the person who is the subject of |
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| | | the investigation on terms that the information subject to section 63 is to |
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| | | be kept confidential by that person, his solicitors or counsel, and named |
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| | | (3C) | If the report contains information whose disclosure is prohibited by |
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| | | section 63, the report which is sent to any person under subsection (3B) |
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| | | (other than the person who is the subject of the investigation) and is |
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| | | published shall be in a redacted form.”. |
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| | | (12) | After section 72(5) insert— |
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| | | “(5A) | Subject to subsection (5B) where the Public Services Ombudsman for |
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| | | Wales produces a report under this section he shall take reasonable steps |
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| | | to send a copy to any person who is named in the report (other than the |
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| | | person who is the subject of the investigation) or who made any |
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| | | allegation which gave rise to the investigation and shall publish the |
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| | | (5B) | If the report contains information whose disclosure is prohibited by |
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| | | section 63, the report which is sent to any person under subsection (5A0 |
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| | | and is published shall be in a redacted form.”. |
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| | | (13) | In section 83(1) of that Act (interpretation of Part III) insert after “Police Act |
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| | | “redacted form” means a version where confidential information has been |
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| | | removed and replaced by a non-confidential explanation of the removed |
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| | Clause 140, page 99, leave out lines 36 to 40. |
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| | Clause 140, page 100, line 2, after ‘report’, insert ‘and the ethical standards officer |
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| | has also produced the report in a redacted form’. |
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| | Clause 140, page 100, line 2, leave out ‘it’ and insert ‘the unredacted report’. |
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| | Clause 141, page 100, line 26, leave out ‘and (3)’ and insert ‘, (1A) and (3) to (5)’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 143, page 101, leave out lines 32 and 33 and insert— |
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| | | ‘(2) | In section 67 of that Act (consultation with ombudsmen), in each of subsections |
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| | | Clause, as amended, Agreed to. |
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| | | Clauses 144 to 148 Agreed to. |
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| | Clause 149, page 107, line 24, at end insert— |
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| | | ‘( ) | A standards committee must when determining for the purposes of subsection (3) |
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| | | or (4) whether or not the duties of a post fall within section 2(3) have regard to |
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| | | any general advice given by the Secretary of State under section 3B.’. |
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| | Clause 149, page 108, line 5, at end insert— |
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