House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

:
62

, continued

PCT acts if there appears to the responsible local authority and the partner PCT

to be a need to which subsection (6) applies.

(6)
This subsection applies to a need—

(a)
which—

(i)
is capable of being met to a significant extent by the exercise by

the responsible local authority of any of its functions; and

(ii)
could also be met, or could otherwise be affected, to a significant

extent by the exercise by the partner PCT of any of its functions;

or

(b)
which—

(i)
is capable of being met to a significant extent by the exercise by

the partner PCT of any of its functions; and

(ii)
could also be met, or could otherwise be affected, to a significant

extent by the exercise by the responsible local authority of any of

its functions.

(7)
In preparing an assessment under this section, the responsible local authority and

each partner PCT must—

(a)
co-operate with one another;

(b)
have regard to any guidance issued by the Secretary of State; and

(c)
if the responsible local authority is a county council, consult each

relevant district council.

(8)
In this section—

“partner PCT”, in relation to a responsible local authority, means any

Primary Care Trust which is a partner authority of the responsible local

authority;

“relevant district council” means—

(a)
in relation to a responsible local authority, any district council

which is a partner authority of it; and

(b)
in relation to a partner PCT of a responsible local authority, any

district council which is a partner authority of the responsible

local authority and whose district falls wholly or partly within

the area for which the partner PCT acts.’.

Appointment and removal of Commissioners

Mr Phil Woolas

Added  nc21

To move the following Clause:—

‘(1)
Section 23 of the Local Government Act 1974 (c. 7) (appointment and removal

of Commissioners) is amended as follows.

(2)
In subsection (4) (appointment of Commissioners) omit from “after consultation”

to the end.

(3)
After subsection (4) insert—

“(4A)
Subject to subsections (5) to (6), a Commissioner shall hold and vacate

office in accordance with the terms of his appointment.”

(4)
For subsection (5) substitute—

:
63

, continued

“(5)
A Commissioner’s appointment may be a full-time or part-time

appointment and, with the Commissioner’s consent, the terms of the

appointment may be varied as to whether it is full-time or part-time.

(5A)
A Commissioner must be appointed for a period of not more than 7 years.

(5B)
A Commissioner shall, subject to subsection (6), hold office until the end

of the period for which he is appointed.”

(5)
In subsection (6) (removal of Commissioners and obligation to vacate office at

end of year in which Commissioner attains age of 65) omit from “, and shall in

any case vacate office” to the end.

(6)
After subsection (6) insert—

“(6A)
A person appointed to be a Commissioner is not eligible for re-

appointment.”’.

Annual reports

Mr Phil Woolas

Added  nc22

To move the following Clause:—

‘(1)
Section 23A of the Local Government Act 1974 (c. 7) (annual reports) is

amended as follows.

(2)
In subsection (1), after “functions” insert “(an “annual report”)”.

(3)
In subsection (2)—

(a)
for “The report” substitute “The annual report”;

(b)
for “their own report” substitute “their annual report”.

(4)
In subsection (3), for “the report submitted by them under subsection (1) above”

substitute “the annual report”.

(5)
After subsection (3) insert—

“(3A)
The Commission must lay a copy of the annual report before

Parliament.”

(6)
Omit subsections (4) and (5) (comments on Commission’s annual report).’.

Making complaints etc electronically

Mr Phil Woolas

Added  nc23

To move the following Clause:—

‘(1)
Part 3 of the Local Government Act 1974 (c. 7) (Commission for Local

Administration in England) is amended as follows.

(2)
In section 32 (law of defamation and disclosure of information), after subsection

(3) insert—

:
64

, continued

“(3A)
A notice under subsection (3) above may not be given electronically.”

(3)
In section 34 (interpretation of Part), after subsection (1) insert—

“(1A)
In this Part of this Act, except as otherwise provided, references to

something being done in writing are to it being done in writing whether

electronically or otherwise (and references to anything written shall be

interpreted accordingly).”’.

Expenses of the Commission

Mr Phil Woolas

Added  nc24

To move the following Clause:—

‘In Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) for

paragraphs 6 to 8 substitute—

“5A(1)
The Secretary of State must pay to the Commission in respect of each

financial year such amount as he determines to be the amount required

for the discharge during that year of the functions of the Commission.

      (2)
A determination under sub-paragraph (1) must be approved by the

Treasury.”’.

Delegation

Mr Phil Woolas

Added  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.”’.

:
65

, continued

Proposals for joint waste authorities in England

Mr Phil Woolas

Added  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;

:
66

, continued

(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

Added  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.’.

:
67

, continued

Implementation of proposals by order

Mr Phil Woolas

Added  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;

:
68

, continued

“waste function” has the same meaning as in section (proposals for joint

waste authorities in England).’.

Membership of joint waste authorities

Mr Phil Woolas

Added  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

Added  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—