Local Government and Public Involvement in Health Bill, As Amended - continued          House of Commons

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Secretary Ruth Kelly

51

Page 125, line 47 [Clause 177], at end insert ‘; and

        (b) in the case of a report prepared by H in compliance with provision included in the arrangements in pursuance of subsection (2)(a)(iii), if in the year concerned any of the non-networked activities are relevant to the functions of the committee.’.

Secretary Ruth Kelly

52

Page 125, line 47 [Clause 177], at end insert—

      ‘(6A) In subsections (2) to (6) “the non-networked activities” means the activities specified in section 172(2) for the authority’s area so far as they—

        (a) are activities for whose carrying-on in the authority’s area the arrangements make provision; and

        (b) are not, under the arrangements, activities whose carrying-on is within the remit of a local involvement network.

      (6B) For the purposes of subsection (2)(a)(iii), a financial year is “non-networked” if there is a time in the year when an activity falls (to any extent) within the definition of “the non-networked activities” given by subsection (6A).’.


Secretary Ruth Kelly

53

Page 126, line 1 [Clause 177], leave out ‘(6)’ and insert ‘(6B)’.

Secretary Ruth Kelly

54

Page 126 [Clause 177], leave out lines 4 to 6.

Mr John Baron

80

Page 126, line 32, leave out Clause 179.


Mr John Baron

81

Page 127, line 24, leave out Clause 180.


Mr John Baron

82

Page 129, line 5 [Clause 182], leave out ‘significant’.

Mr John Baron

83

Page 129, line 7 [Clause 182], leave out ‘significant’.

Mr John Baron

84

Page 129 [Clause 182], leave out lines 9 to 14.

Kelvin Hopkins
Mr David Anderson
Mr Paul Truswell
David Taylor

249

Page 129, line 14 [Clause 182], at end insert ‘, or

        (c) the means by which the users of those services can scrutinise the provision of those services.’.

Mr John Baron

85

Page 129 [Clause 182], leave out lines 15 to 20.

Dr John Pugh
Andrew Stunell
Tom Brake

75

Page 129, line 29 [Clause 182], at end insert—

      ‘(1GA) A relevant English body in proposing a significant change in services delivered in a way likely to affect patients’ physical access or transport to a service must consult with—

        (a) the local involvement network,

        (b) relevant patient groups, and

        (c) the appropriate transport authority,

      and report in such manner as the Secretary of State may prescribe prior to implementing those changes on the results of such consultation.

      (1GB) For the purposes of subsection (1GA), a change in services is “significant” if implementation of the change would have a substantial impact on—

        (a) the manner in which services are delivered to users of those services, or

        (b) the range of health services available to those users.’.


new Clauses and amendments relating to chapter 2 of part 5

Joint overview and scrutiny committees: local improvement targets

Secretary Ruth Kelly

NC8

    To move the following Clause:—

        (a) a county council in England; and

        (b) one or more district councils which are partner authorities of it.

        (a) appoint a joint committee (a “joint overview and scrutiny committee”); and

        (a) it concerns a matter which—

          (i) relates to the attainment of any local improvement target specified for the time being in a relevant local area agreement; and

          (ii) is not an excluded matter; and

        (b) it is made to—

          (i) the county council, or

          (ii) the county council and one or more district councils,

        in the group of partner authorities.

      (4) In subsection (3)—

        (a) “excluded matter” means any matter with respect to which a crime and disorder committee could make a report or recommendations—

          (i) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (c. 48) (local authority scrutiny crime and disorder matters); or

          (ii) under subsection (6) of that section;

        (b) the reference to a report or recommendations being made to a county council or district council is, in the case of a local authority operating executive arrangements under Part 2 of the Local Government Act 2000 (c. 22), to be read as a reference to a report or recommendations being made to the local authority or its executive.

      (5) Regulations under subsection (2) may in particular—

        (a) provide for arrangements to be made only in circumstances, or subject to conditions or limitations, specified by the regulations;

        (b) in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of—

          (i) section 21(4) and (6) to (12) of the Local Government Act 2000 (c. 22),

          (ii) sections 21A to 21D of that Act, or

          (iii) section 246 of, and Schedule 17 to, the National Health Service Act 2006 (c. 41),

        with or without modifications;

          (i) as to relevant information which associated authorities must provide to a joint overview and scrutiny committee (or, if the regulations make provision for the appointment of sub-committees of such a committee, to such a sub-committee); and

          (ii) as to information which may not be disclosed by an associated authority to a joint overview and scrutiny committee (or, if the regulations make provision for the appointment of sub-committees of such a committee, to such a sub-committee).

      (6) For the purposes of subsection (5)(c), in relation to a joint overview and scrutiny committee—

      “associated authority” means—

      (a) the county council in the group of partner authorities which appointed the joint overview and scrutiny committee; or

      (b) any person which is a partner authority in relation to that council other than—

(i) a police authority; or (ii) a chief officer of police;

      “relevant information”, in relation to an associated authority, means information which is relevant to a local improvement target in a relevant local area agreement which relates to the associated authority;

      and section 81(2) or (3) applies for the purpose of determining whether a local improvement target relates to an associated authority.

      (7) Regulations under this section may not make provision of a kind mentioned in subsection (5)(c) with respect to information in respect of which provision may be made in exercise of the power conferred by section 20(5)(c) or (d) of the Police and Justice Act 2006 (c. 48) (guidance and regulations regarding crime and disorder matters).

      (8) In this section—

        (a) “relevant local area agreement”, in relation to a joint overview and scrutiny committee, means a local area agreement of the county council in the group of partner authorities which appointed the committee; and

        (b) “local area agreement”, “local improvement target” and “partner authority” have the same meanings as in Chapter 1 of this Part.


Overview and scrutiny committees of district councils: local improvement targets

Secretary Ruth Kelly

NC9

    To move the following Clause:—

      ‘After section 21D of the Local Government Act 2000 (c. 22) (inserted by section 97) insert—

    21E Overview and scrutiny committees of certain district councils: functions with respect to partner authorities

      (1) This section applies to any district council which is a partner authority in relation to a county council (“the related county council”).

        (a) relates to a relevant partner authority, and

        (b) is specified in a local area agreement of the county council.

      (3) Regulations under subsection (2) may make provision applying or reproducing any provision of section 21B, 21C or 21D (with or without modifications).

      (4) For the purposes of this section—

        (a) “relevant partner authority”, in relation to a district council, means—

          (i) the related county council, or

          (ii) any other authority which are a partner authority in relation to that county council, other than—

(a) a police authority, or (b) a chief officer of police,

        (b) “local area agreement”, “local improvement target” and “partner authority” have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, and

        (c) section 81(2) or (3) of that Act applies for the purpose of determining whether a local improvement target relates to a relevant partner authority.” ’.


Guidance

Secretary Ruth Kelly

NC10

    To move the following Clause:—

      ‘In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees: authorities operating executive arrangements), at the end insert—

        (a) an overview and scrutiny committee of a local authority in England, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State; and

        (b) an overview and scrutiny committee of a local authority in Wales, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Welsh Ministers.

      (17) Guidance under subsection (16) may make different provision for different cases or for different descriptions of committee or sub-committee.” ’.


Overview and scrutiny committees:consequential amendments

Secretary Ruth Kelly

NC11

    To move the following Clause:—

      ‘(1) In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees)—

        (a) in subsection (4)—

          (i) after “this section” insert “, sections 21A to 21C”; and

          (ii) at the end insert “or any functions which may be conferred on it by virtue of regulations under section 21E”; and

        (b) omit subsection (8).

      (2) For section 32(3) of that Act (alternative arrangements) substitute—

      “(3) Regulations under this section may make provision with respect to committees or sub-committees falling within subsection (1)(b), including—

        (a) in the case of regulations made by the Secretary of State, provision which applies or reproduces (with or without modifications)—

          (i) any provision of sections 21 to 21D or paragraphs 7 and 9 to 11 of Schedule 1,

          (ii) any provision made under section 21E or 22A,

          (iii) any provision of section 246 of, or Schedule 17 to, the National Health Service Act 2006, or

          (iv) any provision made under section 244 of that Act, and

        (b) in the case of regulations made by the Welsh Ministers, provision which applies or reproduces (with or without modifications)—

          (i) any provision of section 21 or 21A(1)(a) or (b) or (2) or paragraphs 8 to 11 of Schedule 1,

          (ii) any provision of Schedule 17 to the National Health Service Act 2006,

          (iii) any provision of section 186 of, or Schedule 11 to, the National Health Service (Wales) Act 2006, or

          (iv) any provision made under section 184 of that Act.”.

      (3) In section 245(3)(b) of the National Health Service Act 2006 (c. 41) (joint overview and scrutiny committees etc)—

        (a) in sub-paragraph (i), for “(15)” substitute “(17)”; and

        (b) after that sub-paragraph insert—

          “(ia) sections 21A to 21D of that Act,

          (ib) section 22A of that Act,”.

      (4) In section 185(3)(b) of the National Health Service (Wales) Act 2006 (c. 42) (joint overview and scrutiny committees etc)—

        (a) in sub-paragraph (i), for “(15)” substitute “(17)”; and

        (b) after that sub-paragraph insert—

          “(ia) section 21A(1)(a) or (b) or (2) of that Act,” ’.


Local authority scrutiny of crime and disorder matters

Mrs Caroline Spelman
Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr Philip Dunne
Total signatories: 7

NC32

    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).

      (3) In subsection (8) omit “or (7)”.

      (4) In subsection (11) omit the definition of “local crime and disorder matters.”.’.


Secretary Ruth Kelly

96

Page 62, line 29 [Clause 94], leave out from beginning to ‘insert’ in line 33 and insert ‘After section 21 of the Local Government Act 2000 (c. 22)’.


Secretary Ruth Kelly

97

Page 64 [Clause 94], leave out line 6.

Secretary Ruth Kelly

98

Page 64, line 38 [Clause 96], at end insert—

        (a) as to information which associated authorities must provide to the relevant district council committee, and

        (b) as to information which may not be disclosed by an associated authority to the relevant district council committee.

      (5) In subsection (4), references to information do not include information in respect of which provision may be made in exercise of the power conferred by section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters).

      (6) For the purposes of subsection (4)—

      “relevant district council committee” means—

      (c) an overview and scrutiny committee of a district council which is not a responsible local authority (“the district council”), or

      (d) a sub-committee of such a committee;

      “associated authority”, in relation to a relevant district council committee, means—

      (e) the county council which is the responsible local authority in relation to the district council, or

      (f) any person (other than the district council) which is a partner authority in relation to that county council, other than—

(i) a police authority, or (ii) a chief officer of police;

      and for this purpose, “responsible local authority” and “partner authority” have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007.

      (8) The power conferred by subsection (7) does not affect the power conferred by section 105(2)(b).” ’.

Secretary Ruth Kelly

99

Page 64, line 39 [Clause 96], leave out subsection (2).


Secretary Ruth Kelly

100

Page 66, line 33 [Clause 97], leave out ‘Primary Care Trust’ and insert ‘health service body’.

Secretary Ruth Kelly

101

Page 66, line 36 [Clause 97], leave out ‘Primary Care Trust’ and insert ‘health service body’.

Secretary Ruth Kelly

102

Page 66, line 36 [Clause 97], at end insert—

      ‘( ) In subsection (5), “health service body” means—

        (a) a National Health Service trust,

        (b) an NHS foundation trust, or

        (c) a Primary Care Trust.’.


Mrs Caroline Spelman
Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr Philip Dunne
Total signatories: 7

193

Page 67, line 8 [Clause 97], leave out from ‘England,’ to ‘or’ in line 10.

Mrs Caroline Spelman
Alistair Burt
Mr Robert Syms
Michael Fabricant
Robert Neill
Mr Philip Dunne
Total signatories: 7

256

Page 67, line 11 [Clause 97], at end insert—

          ‘(iv) a district council in England other than those described in sub-paragraph (ii), or’.


Secretary Ruth Kelly

103

Page 69, line 4 [Clause 97], leave out ‘local authority executives’ and insert ‘executives of local authorities in England’.

Secretary Ruth Kelly

104

Page 69, line 4 [Clause 97], at end insert ‘, or under any provision of regulations under section 21E which applies or reproduces (with or without modifications) any provision of section 21B,’.

Secretary Ruth Kelly

105

Page 69, line 12 [Clause 97], leave out subsection (3).

Secretary Ruth Kelly

106

Page 69, line 16 [Clause 98], after ‘applies’ insert ‘(in addition to the cases mentioned in subsection (1) of that section)’.


new clauses and new amendments relating to part 8

Registered social landlords

Secretary Ruth Kelly

NC2

    To move the following Clause:—

      ‘(1) In section 40(1) of the Audit Commission Act 1998 (c. 18) (studies relating to registered social landlords), omit “(other than registered social landlords in Wales)”.

      (2) In section 41A of that Act (inspections of registered social landlords), omit subsection (1A) (registered social landlords in Wales).

      (3) After section 41B of that Act insert—

    41C Advice and assistance for registered social landlords

      (1) The Commission may, if it thinks it appropriate to do so, provide advice or assistance to a registered social landlord for the purpose of the exercise by the registered social landlord of its functions.

      (2) Advice or assistance under this section may be provided on such terms, including terms as to payment, as the Commission thinks fit.”

      (4) Omit section 42 of that Act (consultancy services relating to audit of accounts of registered social landlords).

      (5) For section 43 of that Act substitute—

    43 Meaning of registered social landlord

      In sections 40 to 41C, “registered social landlord” means a body registered as a social landlord under Part 1 of the Housing Act 1996, other than a body mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act (bodies registered in Wales).”’.


 
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Prepared: 17 May 2007