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:                                             

69

 

, continued

 
 

“(6)    

For the purposes of this Chapter, a joint waste authority for an

 

area in England that has the function of disposing of

 

biodegradable municipal waste is the waste disposal authority

 

for that area.

 

(7)    

In subsection (6) a “joint waste authority” means 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 in Wales

 

Mr Phil Woolas

 

Added  nc31

 

To move the following Clause:—

 

‘(1)    

The Welsh Ministers may by order make provision in relation to Wales applying

 

any provisions of sections (proposals for joint waste authorities in England) to

 

(membership of joint waste authorities) with—

 

(a)    

the substitution for references to the Secretary of State of references to

 

the Welsh Ministers; and

 

(b)    

such other modifications as they consider appropriate.

 

(2)    

An order under this section may include incidental, consequential or

 

supplementary provision, including provision amending or modifying—

 

(a)    

any enactment;

 

(b)    

any instrument made under an enactment.

 

(3)    

The reference in subsection (1) to any provisions of sections (proposals for joint

 

waste authorities in England) to (membership of joint waste authorities) includes

 

a reference to any provisions of Part 14 so far as relating to any of those sections.’.

 


 

Interpretation

 

Mr Phil Woolas

 

Added  nc32

 

To move the following Clause:—

 

‘In this Part—

 

“joint waste authority” has the meaning given by section (implementation of

 

proposals by order)(2);

 

“local authority” has the meaning given by section (proposals for joint

 

waste authorities in England)(9).’.

 



 
 

:                                             

70

 

, continued

 
 

Single transferable vote

 

Andrew Stunell

 

Tom Brake

 

Dr John Pugh

 

Withdrawn  NC1

 

To move the following Clause:—

 

‘(1)    

This section applies to elections of members of any Principal or Parish Council,

 

including by-elections.

 

(2)    

Each vote in the poll at an election shall be a single transferable vote.

 

(3)    

For the purposes of subsection (2), a single transferable vote is a vote—

 

(a)    

capable of being given so as to indicate the voter’s order of preference for

 

the candidates for election as members for the constituency; and

 

(b)    

capable of being transferred to the next choice when—

 

(i)    

the vote is not needed to give a prior choice for the necessary

 

quota of votes, or

 

(ii)    

when a prior choice is eliminated from the list of candidates

 

because of a deficiency in the number of votes given for him.’.

 


 

Concordat between local and central government

 

Andrew Stunell

 

Tom Brake

 

Dr John Pugh

 

Not selected  NC2

 

To move the following Clause:—

 

‘The Secretary of State shall enter into discussions within six months of this Bill

 

coming into force with representatives from local government for the creation of

 

an agreement setting out the rights and responsibilities of central government and

 

local government in developing and maintaining secure democratic institutions,

 

and shall report to the House annually on the implementation of that agreement.’.

 



 
 

:                                             

71

 

, continued

 
 

Transfer of functions

 

Alistair Burt

 

Mr Robert Syms

 

Michael Fabricant

 

Robert Neill

 

Mr David Burrowes

 

Mr Philip Dunne

 

Not selected  NC3

 

To move the following Clause:—

 

‘The Secretary of State shall by order designate the following functions for

 

transfer from any regional assemblies or statutory bodies to relevant local

 

authorities:

 

(1)    

housing

 

(2)    

planning

 

(3)    

transport

 

(4)    

learning and skills’.

 


 

Amendment of Local Government Act 2003

 

Alistair Burt

 

Mr Robert Syms

 

Michael Fabricant

 

Robert Neill

 

Mr David Burrowes

 

Mr Philip Dunne

 

Not called  NC4

 

To move the following Clause:—

 

‘Section 99 of the Local Government Act 2003 (c. 26) (categorisation of English

 

local authorities by reference to performance) is hereby repealed.’.

 


 

Referendum to approve proposals

 

Alistair Burt

 

Mr Robert Syms

 

Michael Fabricant

 

Robert Neill

 

Mr David Burrowes

 

Mr Philip Dunne

 

Not called  NC5

 

To move the following Clause:—

 

‘(1)    

Subject to the provisions of section 37(3) the local authority may from time to

 

time make proposals to adjust the number of councillors per ward and must hold


 
 

:                                             

72

 

, continued

 
 

a referendum in the ward or wards affected before taking any steps to implement

 

them.

 

(2)    

The local authority may not pass a resolution which makes the proposed change

 

or changes unless the result of the referendum is to approve the proposals.

 

(3)    

If the result of the referendum is not to approve the proposals, the local authority

 

must publish in one or more newspapers circulating in its area a notice which—

 

(a)    

summarises the proposals;

 

(b)    

states that the referendum did not approve the proposals;

 

(c)    

summarises the authority’s existing arrangements; and

 

(d)    

states that the authority will be continuing to operate those

 

arrangements.’.

 


 

Changing scheme for ordinary whole council elections

 

Andrew Stunell

 

Tom Brake

 

Dr John Pugh

 

Not called  nc6

 

To move the following Clause:—

 

‘(1)    

This section applies if an eligible council resolves, during a permitted resolution

 

period, that the council is to be subject to the scheme for partial-council elections.

 

(2)    

The council ceases to be subject to the scheme for whole council elections.

 

(3)    

The council becomes subject to the scheme for partial-council elections.

 

(4)    

The council must not pass the resolution unless it has taken reasonable steps to

 

consult on the change to partial-council elections.

 

(5)    

It is for the council to decide which persons it is appropriate to consult.

 

(6)    

No resolution of the council may reverse the effect of this section within eight

 

years of a resolution being made in accordance with subsection (1).

 

(7)    

In this section “permitted resolution period”, in relation to an eligible council,

 

means a period specified in the second column of the following table in relation

 

to that type of council

 

 

Type of eligible council

Permitted resolution periods

 
 

Metropolitan district

(1) The period ending 31st December 2007

 
  

(2) The period in 2011, or in any fourth year

 
  

afterwards, which—

 
  

(a)    

starts with 1st October, and

 
  

(b)    

ends with 31st December.

 
 

Non-metropolitan district

(1) The period ending with 31st December 2010.

 
  

(2) The period in 2014, or in any fourth year

 
  

afterwards, which—

 
  

(a)    

starts with 1st October, and

 
  

(b)    

ends with 31st December.

 

 
 

:                                             

73

 

, continued

 
 

(8)    

The Secretary of State may by order provide that a permitted resolution period is

 

to end later than the last day of that period specified in the table.’.

 


 

Scheme for partial-council elections

 

Andrew Stunell

 

Tom Brake

 

Dr John Pugh

 

Not called  nc7

 

To move the following Clause:—

 

‘(1)    

The scheme for partial-council elections is as follows.

 

(2)    

The term of office of councillors is four years.

 

(3)    

Elections of the councillors of the council are to be held in the year after the

 

resolution is passed and every year after it other than every third year after it.

 

(4)    

One third (or as nearly as may be) of the councillors are elected in each year in

 

which the elections are held.

 

(5)    

On the fourth day after elections are held—

 

(a)    

the councillors elected in those elections are to come into office, and

 

(b)    

the sitting councillors are to retire.

 

(6)    

In this section—

 

“resolution period” means the permitted resolution period in which the

 

council passes a resolution for the purposes of section 32;

 

“sitting councillors” means the councillors who hold office at the time

 

ordinary elections are held.’.

 


 

Local authority resolution to change electoral system

 

Andrew Stunell

 

Tom Brake

 

Dr John Pugh

 

Not called  NC8

 

To move the following Clause:—

 

‘(1)    

Any local authority may, not later than 12th September in the year that is two

 

years before the year in which it shall take effect, resolve that the next two

 

elections of the local authority will be held using an approved electoral system

 

other than that used for the previous election.

 

(2)    

A resolution under this section—

 

(a)    

takes effect, subject to paragraph (b), for the next two elections of the

 

local authority; and

 

(b)    

continues in effect until either—

 

(i)    

a further resolution under this section takes effect; or

 

(ii)    

a poll of electors of the local authority held under this Act takes

 

effect.


 
 

:                                             

74

 

, continued

 
 

(3)    

A local authority may not resolve to change its electoral system more than once

 

every five years.’.

 


 

Approved electoral systems

 

Andrew Stunell

 

Tom Brake

 

Dr John Pugh

 

Not called  NC9

 

To move the following Clause:—

 

‘(1)    

The following methods of election shall be approved electoral systems pursuant

 

to this Act—

 

(a)    

“First Past the Post” which means the system currently used for elections

 

to the UK Parliament.

 

(b)    

“Single Transferable Vote” as defined in the Local Government in

 

Scotland Act 2003 (asp1) by the Scottish Parliament.

 

(c)    

An “Additional Member System” as defined in the Scotland Act 1998 (c.

 

46).

 

(d)    

An “Alternative Vote” system which is one in which if no candidate

 

obtains the votes of 50 per cent. of those voting in a single member

 

constituency the subsequent preferences of those who voted for the

 

losing candidates are successively taken into account until one candidate

 

has obtained 50 per cent. of those voting.

 

(e)    

An “Alternative Vote Plus” system which is an Additional Member

 

System in which the constituency Members are elected by means off the

 

Alternative Vote system.’.

 


 

Local authority scrutiny of crime and disorder matters

 

Alistair Burt

 

Mr Robert Syms

 

Michael Fabricant

 

Robert Neill

 

Mr David Burrowes

 

Mr Philip Dunne

 

Not called  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).


 
 

:                                             

75

 

, continued

 
 

(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

 

Not called  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

 

Not called  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.


 
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