House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

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(3)
The Secretary of State shall by regulations make further provision in respect of

the National Health Involvement Network and these may include such matters as

status, powers, membership, appointment, staff, payments to, accounts, audit and

reports.’.

Form of local involvement networks

Patrick Hall

Not called  nc16

To move the following Clause:—

‘(1)
The Secretary of State shall make regulations making provision in relation to the

activities specified in section 153(2).

(2)
The regulations shall in particular make provision as to—

(a)
the appointment of members, categories of membership and governance,

(b)
the minimum number of members,

(c)
any qualification or disqualification for membership,

(d)
terms of appointment,

(e)
circumstances in which a person ceases to be a member or may be

suspended,

(f)
proceedings of local involvement networks,

(g)
the discharge of any function of a local involvement network by a

committee of the local involvement network or by a joint committee

appointed with another local involvement network,

(h)
the appointment, as members of a committee or joint committee, of

persons who are not members of the local involvement network or local

involvement networks concerned,

(i)
the funding of local involvement networks and the provision of premises,

other facilities and staff,

(j)
the payment of travelling and other allowances to members of a local

involvement network or of a committee of a local involvement network

or a joint committee of two or more local involvement networks

(including attendance allowances or compensation for loss of

remunerative time).

(3)
The regulations must provide that no less than half of the members of a local

involvement network are persons who are members of or representatives of

voluntary organisations whose purpose, or one of whose purposes, is to advance

the interests of—

(a)
persons for whom care services are being provided as specified in section

153(5), or

(b)
persons who provide care for such persons, but who are not employed to

do so by any body in the exercise of its functions under any enactment.

(4)
The regulations may include provision applying, or corresponding to, any

provision of Part 5A of the Local Government Act 1972 (c. 70) (access to

meetings and documents), with or without modifications.’.

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77

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Incorporation of the European Charter of Local Self-Government

Andrew Stunell

Tom Brake

Dr John Pugh

Withdrawn  NC33

To move the following Clause:—

‘(1)
In this Act “the Articles” means the provisions set out in Articles 2 to 11 of the

European Charter of Local Self-Government.

(2)
Those Articles are to have effect for the purposes of this Act.

(3)
The Articles are set out in Schedule [Articles 2-11 of the European Charter of

Local Self-Government].’.

NEW SCHEDULE

Andrew Stunell

Tom Brake

Dr John Pugh

Not called  NS1

To move the following Schedule:—

‘Articles 2 to 11 of the European Charter of Local Self-Government

Article 2—Constitutional and legal foundation for local self-government


The principle of local self-government shall be recognised in domestic

legislation, and where practicable in the constitution.

Article 3—Concept of local self-government

1
Local self-government denotes the right and the ability of local authorities,

within the limits of the law, to regulate and manage a substantial share of

public affairs under their own responsibility and in the interests of the local

population.

2
This right shall be exercised by councils or assemblies composed of members

freely elected by secret ballot on the basis of direct, equal, universal suffrage,

and which may possess executive organs responsible to them. This provision

shall in no way affect recourse to assemblies of citizens, referendums or any

other form of direct citizen participation where it is permitted by statute.

Article 4—Scope of local self-government

1
The basic powers and responsibilities of local authorities shall be prescribed

by the constitution or by statute. However, this provision shall not prevent the

attribution to local authorities of powers and responsibilities for specific

purposes in accordance with the law.

2
Local authorities shall, within the limits of the law, have full discretion to

exercise their initiative with regard to any matter which is not excluded from

their competence nor assigned to any other authority.

3
Public responsibilities shall generally be exercised, in preference, by those

authorities which are closest to the citizen. Allocation of responsibility to

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another should weigh up the extent and nature of the task and requirements of

efficiency and economy.

4
Powers given to local authorities shall normally be full and exclusive. They

may not be undermined or limited by another, central or regional, authority

except as provided for by the law.

5
Where powers are delegated to them by a central or regional authority, local

authorities shall, insofar as possible, be allowed discretion in adapting their

exercise to local conditions.

6
Local authorities shall be consulted, insofar as possible, in due time and in an

appropriate way in the planning and decision-making processes for all matters

which concern them directly.

Article 5—Protection of local authority boundaries


Changes in local authority boundaries shall not be made without prior

consultation of the local communities concerned, possibly by means of a

referendum where this is permitted by statute.

Article 6—Appropriate administrative structures and resources for the tasks of local

authorities

1
Without prejudice to more general statutory provisions, local authorities shall

be able to determine their own internal administrative structures in order to

adapt them to local needs and ensure effective management.

2
The conditions of service of local government employees shall be such as to

permit the recruitment of high-quality staff on the basis of merit and

competence; to this end adequate training opportunities, remuneration and

careers prospects shall be provided.

Article 7—Conditions under which responsibilities at local level are exercised

1
The conditions of office of local elected representatives shall provide for free

exercise of their functions.

2
They shall allow for appropriate financial compensation for expenses incurred

in the exercise of the office in question as well as, where appropriate,

compensation for loss of earnings or remuneration for work done and

corresponding social welfare protection.

3
Any functions and activities which are deemed incompatible with the holding

of local elective office shall be determined by statute or fundamental legal

principles.

Article 8—Administrative supervision of local authorities’ activities

1
Any administrative supervision of local authorities may only be exercised

according to such procedures and in such cases as are provided for by the

constitution or by statute.

2
Any administrative supervision of the activities of the local authorities shall

normally aim only at ensuring compliance with the law and with constitutional

principles. Administrative supervision may however be exercised with regard

to expediency by higher-level authorities in respect of tasks the execution of

which is delegated to local authorities.

3
Administrative supervision of local authorities shall be exercised in such a way

as to ensure that the intervention of the controlling authority is kept in

proportion to the importance of the interests which it is intended to protect.

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Article 9—Financial resources of local authorities

1
Local authorities shall be entitled, within national economic policy, to

adequate financial resources of their own, of which they may dispose freely

within the framework of their powers.

2
Local authorities’ financial resources shall be commensurate with the

responsibilities provided for by the constitution and the law.

3
Part at least of the financial resources of local authorities shall derive from

local taxes and charges of which, within the limits of the statute, they have the

power to determine the rate.

4
The financial systems on which resources available to local authorities are

based shall be of a sufficiently diversified and buoyant nature to enable them

to keep pace as far as practically possible with the real evolution of the cost of

carrying out their tasks.

5
The protection of financially weaker local authorities calls for the institution

of financial equalisation procedures or equivalent measures which are

designed to correct the effects of the unequal distribution of potential sources

of finance and of the financial burden they must support. Such procedures or

measures shall not diminish the discretion local authorities may exercise

within their own sphere of responsibility.

6
Local authorities shall be consulted, in an appropriate manner, on the way in

which redistributed resources are to be allocated to them.

7
As far as possible, grants to local authorities shall not be earmarked for the

financing of specific projects. The provision of grants shall not remove the

basic freedom of local authorities to exercise policy discretion within their own

jurisdiction.

8
For the purpose of borrowing for capital investment, local authorities shall

have access to the national capital market within the limits of the law.

Article 10—Local authorities’ right to associate

1
Local authorities shall be entitled, in exercising their powers, to co-operate

and, within the framework of the law, to form consortia with other local

authorities in order to carry out tasks of common interest.

2
The entitlement of local authorities to belong to an association for the

protection and promotion of their common interests and to belong to an

international association of local authorities shall be recognised in each State.

3
Local authorities shall be entitled, under such conditions as may be provided

for by the law, to co-operate with their counterparts in other States.

Article 11—Legal protection of local self-government


Local authorities shall have the right of recourse to a judicial remedy in order

to secure free exercise of their powers and respect for such principles of local

self-government as are enshrined in the constitution or domestic legislation.’.

Mr Phil Woolas

Agreed to  236

Clause  170,  page  122,  line  41,  after ‘section’ insert ‘(joint waste authorities in

Wales) or’.

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Mr Phil Woolas

Agreed to  237

Clause  170,  page  122,  line  42,  at end insert—

‘(2A)
An order under section (joint waste authorities in Wales), other than an order to

which subsection (2B) applies, is subject to annulment in pursuance of a

resolution of the National Assembly for Wales.

(2B)
An order under section (joint waste authorities in Wales) which includes

provision amending an enactment may not be made unless a draft of the order has

been laid before and approved by a resolution of the National Assembly for

Wales.’.

Mr Phil Woolas

Agreed to  238

Clause  170,  page  123,  line  1,  leave out ‘, 32 or 173’ and insert ‘or 32’.

Mr Phil Woolas

Agreed to  239

Clause  170,  page  123,  line  4,  after ‘17’ insert ‘or (implementation of proposals by

order)’.

Mr Phil Woolas

Agreed to  240

Clause  170,  page  123,  line  4,  after ‘17’ insert ‘or 173’.

Mr Phil Woolas

Agreed to  241

Clause  170,  page  123,  line  14,  at end insert—

‘(4A)
In relation to an order under section 173—

(a)
the reference in subsection (3) above to an enactment includes an Act of

the Scottish Parliament or Northern Ireland legislation; and

(b)
the reference in that subsection to subordinate legislation of which a draft

was required to be laid before and approved by a resolution of each

House of Parliament includes an instrument of which a draft was required

to be laid before and approved by a resolution of the Scottish

Parliament.’.

Mr Phil Woolas

Agreed to  242

Clause  170,  page  123,  line  21,  leave out ‘or Chapter 1 of Part 5’ and insert ‘,

Chapter 1 of Part 5 or section (proposals for joint waste authorities in England)’.

Clause, as amended, Agreed to.

Clauses 171 to 173 Agreed to.

Mr Phil Woolas

Agreed to  243

Clause  174,  page  124,  line  7,  after ‘section’ insert ‘(Power to change date of local

elections to date of European Parliamentary general election) or’.

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81

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Mr Phil Woolas

Agreed to  195

Clause  174,  page  124,  line  7,  at end insert ‘(politically restricted posts:

consequential amendments) or by’.

Mr Phil Woolas

Agreed to  244

Clause  174,  page  124,  line  7,  at end insert ‘(consequential amendments) or by’.

Mr Phil Woolas

Agreed to  260

Clause  174,  page  124,  line  8,  after first ‘Schedule’ insert ‘1,’.

Mr Phil Woolas

Agreed to  261

Clause  174,  page  124,  line  8,  after ‘Part’ insert ‘1,’.

Clause, as amended, Agreed to.

Mr Phil Woolas

Agreed to  245

Clause  175,  page  124,  line  25,  at end insert ‘except section (Health and social

care: joint strategic needs assessments);’.

Mr Phil Woolas

Agreed to  246

Clause  175,  page  124,  line  33,  leave out ‘and 108’ and insert ‘, 108 and (joint waste

authorities in Wales)’.

Patrick Hall

Not called  181

Clause  175,  page  124,  line  37,  at end insert—

‘( )
Sections 160, 161 and 162 shall not come into force until the Secretary of State is

satisfied that a local involvement network is in place and is functioning in each

local authority area.’.

Clause, as amended, Agreed to.

Clause 176 Agreed to.

Mr Phil Woolas

Agreed to  247

Schedule  1,  page  127,  line  21,  leave out from beginning to ‘(electoral’ and insert—

    ‘(1)
The Local Government Act 1972 is amended as follows.

      (2)
In section 6(2)(a)’.

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Mr Phil Woolas

Agreed to  248

Schedule  1,  page  127,  line  23,  at end insert—

    ‘(3)
In section 12 (supplementary provision about orders to dissolve parish

councils etc)—

(a)
in subsection (2), for the words from “section 20” to the end substitute

“section 16 of the Local Government and Public Involvement in

Health Act 2007 (agreements about incidental matters) shall apply as

if—

(a)
the reference in subsection (1) to an order under

section 7 or 10 of that Act were to an order under

section 10 or 11 of this Act; and

(b)
the reference in subsection (5)(b) to any order or

regulations under Chapter 1 of Part 1 of that Act were

to an order under section 10 or 11 of this Act.”;

(b)
in subsection (3), for “such order” substitute “order under section 10

or 11 above”.

      (4)
In Schedule 2 (constitution and membership of London borough councils), in

paragraph 7, in each of sub-paragraphs (1)(b) and (2) after “1992” insert “or

Part 1 of the Local Government and Public Involvement in Health Act 2007”.

Race Relations Act 1976 (c. 74)

12
In Schedule 1A to the Race Relations Act 1976 (bodies and other persons

subject to general statutory duty), in Part 1, omit paragraph 33.

Rent Act 1977 (c. 42)

13
In section 62(1) of the Rent Act 1977 (registration areas), after “1992” insert

“or Part 1 of the Local Government and Public Involvement in Health Act

2007 (orders constituting new local government areas etc)”.

Interpretation Act 1978 (c. 30)

14
In Schedule 1 to the Interpretation Act 1978 (words and expressions defined),

in the definition of “London borough” for “or Part II of the Local Government

Act 1992” substitute “, Part 2 of the Local Government Act 1992 or Part 1 of

the Local Government and Public Involvement in Health Act 2007”.

Coroners Act 1988 (c. 13)

15
In section 1 of the Coroners Act 1988 (appointment of coroners)—

(a)
in subsection (1)(b), after “1992” insert “or Part 1 of the Local

Government and Public Involvement in Health Act 2007”;

(b)
in subsection (1A)(e) for “or section 17 of the Regional Assemblies

(Preparations) Act 2003” substitute “, section 17 of the Regional

Assemblies (Preparations) Act 2003 or Part 1 of the Local

Government and Public Involvement in Health Act 2007”.

Local Government Finance Act 1988 (c. 41)

16  (1)
The Local Government Finance Act 1988 is amended as follows.

      (2)
In section 74(2A) (levies), for “or section 17 of the Regional Assemblies

(Preparations) Act 2003” substitute “, section 17 of the Regional Assemblies

(Preparations) Act 2003 or Part 1 of the Local Government and Public

Involvement in Health Act 2007”.