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| Local Government and Public Involvement in Health Bill
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| [seventeenth and eighteenth Sittings]
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| Schedule 14, page 166, line 44, at end insert— |
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| | | Provision for and in connection with methods of election and electoral |
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| Clause 166, page 118, line 36, leave out ‘senior executive member’ and insert |
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| Clause 166, page 118, line 36, after ‘arrangements’, insert ‘by majority resolution |
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| Clause 167, page 119, line 32, leave out ‘100C’ and insert ‘100E’. |
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| Clause 167, page 119, line 33, leave out ‘100CA’ and insert ‘100EA’. |
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| Clause 167, page 120, line 5, leave out ‘100CA(2)’ and insert ‘100EA(2)’. |
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| Clause 167, page 120, line 5, at end insert— |
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| | ‘( ) | In section 41 of the Local Government (Miscellaneous Provisions) Act 1976 |
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| | (c. 57) (evidence of resolutions and minutes of proceedings etc)— |
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| | (a) | in subsection (2A)(a), after “that authority,” insert “or a member of that |
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| | (b) | in subsection (2A)(b), after “as the case may be,” insert “by the member |
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| | (c) | after subsection (2A) insert— |
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| | “(2B) | Subsection (2C) applies to a record if— |
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| | (a) | it records a decision made or action taken by a member |
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| | of a local authority or of a precursor of a local authority |
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| | in exercise of a function of the authority or precursor by |
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| | virtue of arrangements made under section 166 of the |
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| | Local Government and Public Involvement in Health |
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| | (b) | it is required to be made by regulations under section |
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| | 100EA of the Local Government Act 1972. |
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| | (2C) | If a document which purports to be a copy of a record to which |
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| | this subsection applies bears a certificate— |
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| | (a) | purporting to be signed by— |
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| | (i) | the proper officer of the local authority, or |
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| | (ii) | a person authorised in that behalf by that officer |
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| | or by the local authority, and |
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| | (b) | stating that the decision was made or the action was |
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| | taken by the member of the local authority on the date |
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| | specified in the certificate, |
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| | | the document shall be evidence in any proceedings of the matters |
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| | stated in the certificate and of the terms of the decision, or nature |
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| | of the action, in question.”’. |
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| | Clause, as amended, Agreed to. |
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| Clause 169, page 121, line 36, at end insert— |
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| | ‘(oa) | an authority established by an order under section (implementation of |
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| | proposals by order) of the Local Government and Public Involvement in |
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| | Health Act 2007 (joint waste authorities);’. |
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| | Clause, as amended, Agreed to. |
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| To move the following Clause:— |
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| | ‘In section 3(6) of the Audit Commission Act 1998 (c. 18) (appointment of firm |
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| | as auditor) for “each of its members” substitute “the appointment provides that |
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| | the audit may be conducted only by a member or employee of the firm who”.’. |
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| | Inspection and disclosure of personal information |
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| To move the following Clause:— |
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| | ‘(1) | Section 15 of the Audit Commission Act 1998 (c. 18) (inspection of documents |
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| | and questions at audit) is amended as follows. |
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| | (2) | In subsection (3) for “about a member of the staff of the body whose accounts are |
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| | being audited” substitute “within the meaning of subsection (3A) or (4)”. |
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| | (3) | After subsection (3) insert— |
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| | “(3A) | Information is personal information if— |
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| | (a) | it identifies a particular individual or enables a particular |
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| | individual to be identified; and |
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| | (b) | the auditor considers that it should not be inspected or |
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| | (4) | In subsection (4), for the words from the beginning to “if it” substitute |
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| | “Information is personal information if it is information about a member of the |
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| | staff of the body whose accounts are being audited which”.’. |
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| | Appointment of auditor to carry out agreed audits |
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| To move the following Clause:— |
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| | ‘(1) | Section 29 of the Audit Commission Act 1998 (c. 18) (agreed audit of accounts) |
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| | (2) | In subsection (1), for “undertake the audit of” substitute “appoint an auditor to |
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| | (3) | After subsection (1) insert— |
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| | “(1A) | An auditor appointed under subsection (1) may be— |
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| | (a) | an officer of the Commission, |
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| | (b) | an individual who is not an officer of the Commission, or |
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| | (c) | a firm of individuals who are not officers of the Commission.”. |
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| | (4) | In subsection (2), after “the Commission” insert “, the auditor”.’. |
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| | Certain references to code of conduct to include default code |
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| To move the following Clause:— |
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| | ‘(1) | In section 37 of the Local Government Act 2000 (c. 22) (local authority |
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| | constitution), after subsection (3) insert— |
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| | “(4) | In relation to an authority whose members and co-opted members are |
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| | subject to mandatory provisions by virtue of section 51(5)(b), the |
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| | reference in subsection (1)(c) to the authority’s code of conduct for the |
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| | time being under section 51 is to the mandatory provisions which for the |
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| | time being apply to the members and co-opted members of the |
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| | (2) | In section 52 of that Act (duty to comply with code of conduct), after subsection |
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| | “(5) | 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)— |
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| | (a) | the references in subsections (2) to (4) to the authority’s code of |
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| | conduct for the time being under section 51 include the |
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| | mandatory provisions which for the time being apply to the |
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| | members and co-opted members of the authority, and |
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| | (b) | the references in subsections (3) and (4) to any time after the |
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| | authority have adopted a code of conduct under section 51 for the |
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| | first time are to be read as references to any time after the coming |
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| | into force of section (certain references to code of conduct to |
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| | include default code) of the Local Government and Public |
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| | Involvement in Health Act 2007.” |
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| | (3) | In section 54 of that Act (functions of standards committees), after subsection (3) |
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| | “(3A) | 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), |
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| | references in subsection (1)(b) and (2)(b) and (c) to the authority’s code |
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| | of conduct are to those mandatory provisions.”’. |
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| | Politically restricted posts: consequential amendments |
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| To move the following Clause:— |
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| | ‘(1) | In section 2 of the Local Government and Housing Act 1989 (c. 42) (politically |
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| | (a) | in subsections (1)(g) and (2) after “section 3” insert “or 3A”; |
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| | (b) | in subsection (5) after “local authority” insert “in Scotland and Wales”; |
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| | (c) | after subsection (5) insert— |
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| | “(5A) | It shall be the duty of every local authority in England in |
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| | performing their duties under this section to have regard to such |
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| | general advice as may be given by virtue of section 3B below by |
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| | (2) | In the Greater London Authority Act 1999 (c. 29) — |
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| | (a) | in section 61(2)(a) (power to require attendance at Assembly meetings) |
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| | for “to 3” substitute “, 2 and 3A”; |
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| | (b) | in section 68(1)(b) (disqualification and political restriction) for “and 3” |
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| | (c) | in section 70(7) (terms and conditions of employment) for “and 3” |
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| | Power to change date of local elections to date of European Parliamentary general |
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| To move the following Clause:— |
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| | ‘(1) | In section 37 of the Representation of the People Act 1983 (c. 2) (ordinary days |
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| | of local elections in England and Wales), after subsection (2) insert— |
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| | “(2A) | Subsection (1) is subject to any order under— |
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| | (a) | section 37A (local government areas in England), or |
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| | (b) | section 37B (local government areas in Wales).” |
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| | (2) | After that section insert— |
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| | “37A | Power to change date of local elections to date of European |
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| | Parliamentary general election: England |
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| | (1) | The Secretary of State may by order provide that in a year in which a |
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| | European Parliamentary general election is to be held— |
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| | (a) | the ordinary day of election of councillors for counties in |
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| | England, districts and London boroughs, |
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| | (b) | the ordinary day of election of councillors for parishes, and |
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| | (c) | as respects Authority elections, the day on which the poll is to be |
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| | held at an ordinary election, |
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| | | shall be changed so as to be the same as the date of the poll at the |
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| | European Parliamentary general election. |
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| | (2) | An order under subsection (1) may make provision under all of |
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| | paragraphs (a) to (c) or under one or more of those paragraphs. |
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| | (3) | The power under subsection (1) may only be exercised, on each occasion, |
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| | in relation to a single year. |
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| | (4) | Before making an order under this section, the Secretary of State must |
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| | (a) | the Electoral Commission, and |
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| | (b) | such other persons or bodies as he considers appropriate. |
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| | (5) | An order under subsection (1) may make incidental, supplementary or |
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| | consequential provision or savings. |
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| | (6) | Where the Welsh Ministers make an order under section 37B, the |
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| | Secretary of State may by order make such consequential provision in |
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| | relation to elections in England as he thinks fit. |
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| | (7) | The powers under subsections (5) and (6) include power to make— |
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| | (a) | different provision for different purposes; |
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| | (b) | provision disapplying or modifying the application of an |
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| | enactment or an instrument made under an enactment. |
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| | (8) | An order under this section must be made by statutory instrument. |
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| | (9) | A statutory instrument containing an order made under this section may |
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| | not be made unless a draft of the instrument has been laid before and |
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| | approved by a resolution of each House of Parliament. |
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| | 37B | Power to change date of local elections to date of European |
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| | Parliamentary general election: Wales |
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| | (1) | The Welsh Ministers may by order provide that, in a year in which a |
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| | European Parliamentary general election is to be held, the ordinary day |
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| | of election of councillors for— |
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| | (a) | counties in Wales and county boroughs, and |
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| | | shall be changed so as to be the same as the date of the poll at the |
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| | European Parliamentary general election. |
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| | (2) | An order under subsection (1) may make provision under paragraphs (a) |
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| | and (b) or under one of those paragraphs. |
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| | (3) | The power under subsection (1) may only be exercised, on each occasion, |
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| | in relation to a single year. |
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| | (4) | Before making an order under this section, the Welsh Ministers must |
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| | (a) | the Electoral Commission, and |
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| | (b) | such other persons or bodies as they consider appropriate. |
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| | (5) | An order under subsection (1) may make incidental, supplementary or |
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| | consequential provision or savings. |
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| | (6) | Where the Secretary of State makes an order under section 37A, the |
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| | Welsh Ministers may by order make such consequential provision in |
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| | relation to elections in Wales as they think fit. |
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| | (7) | The powers under subsections (5) and (6) include power to make— |
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| | (a) | different provision for different purposes; |
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| | (b) | provision disapplying or modifying the application of an |
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| | enactment or an instrument made under an enactment. |
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| | (8) | An order under this section must be made by statutory instrument. |
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| | (9) | A statutory instrument containing an order made under this section may |
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| | not be made unless a draft of the instrument has been laid before and |
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| | approved by a resolution of the National Assembly for Wales.” |
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| | (3) | In section 3 of the Greater London Authority Act 1999 (c. 29) (time of ordinary |
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| | elections), in subsection (3), after “section 37(2)” insert “or 37A”.’. |
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| | Health and social care: joint strategic needs assessments |
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| To move the following Clause:— |
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| | ‘(1) | An assessment of relevant needs must be prepared in relation to the area of each |
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| | responsible local authority. |
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| | (2) | A further assessment of relevant needs in relation to the area of a responsible local |
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| | (a) | must be prepared if the Secretary of State so directs; and |
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| | (b) | may be prepared at any time. |
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| | (a) | the responsible local authority, and |
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| | (b) | each of its partner PCTs, |
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| | | to prepare any assessment of relevant needs under this section in relation to the |
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| | area of the responsible local authority. |
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| | (4) | The responsible local authority must publish each assessment of relevant needs |
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| | prepared under this section in relation to its area. |
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| | (5) | For the purposes of this section, there is a relevant need in relation to so much of |
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| | the area of a responsible local authority as falls within the area for which a partner |
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