House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

55

House of Commons

Thursday 8th March 2007

Public Bill Committee Proceedings

Local Government and Public Involvement in Health Bill

[seventeenth and eighteenth Sittings]

Clause 165 Agreed to.

Andrew Stunell

Tom Brake

Dr John Pugh

Withdrawn  212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.’.

Schedule Agreed to.

Andrew Stunell

Tom Brake

Dr John Pugh

Withdrawn  178

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

‘whole council’.

Andrew Stunell

Tom Brake

Dr John Pugh

Not called  179

Clause  166,  page  118,  line  36,  after ‘arrangements’, insert ‘by majority resolution

of the whole council’.

:
56

, continued

Clause Agreed to.

Mr Phil Woolas

Agreed to  213

Clause  167,  page  119,  line  32,  leave out ‘100C’ and insert ‘100E’.

Mr Phil Woolas

Agreed to  214

Clause  167,  page  119,  line  33,  leave out ‘100CA’ and insert ‘100EA’.

Mr Phil Woolas

Agreed to  215

Clause  167,  page  120,  line  5,  leave out ‘100CA(2)’ and insert ‘100EA(2)’.

Mr Phil Woolas

Agreed to  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.”’.

Clause, as amended, Agreed to.

:
57

, continued

Clause 168 Agreed to.

Mr Phil Woolas

Agreed to  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);’.

Clause, as amended, Agreed to.

NEW CLAUSES

Appointment of auditors

Mr Phil Woolas

Added  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

Added  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.”.

:
58

, continued

(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

Added  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

Added  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

:
59

, continued

(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

Added  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

Added  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—

:
60

, continued

“(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.

:
61

, continued

(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

Added  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.

(5)
For the purposes of this section, there is a relevant need in relation to so much of

the area of a responsible local authority as falls within the area for which a partner