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Registered social landlords in Wales Secretary Ruth Kelly NC7 To move the following Clause:— ‘After section 145C of the “145D Advice and assistance for registered social landlords (1) The Auditor General for Wales may, if he thinks it appropriate to do so, provide advice or assistance to a registered social landlord in Wales 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 and conditions, including conditions as to payment, as the Auditor General for Wales thinks fit. (3) This section has effect without prejudice to paragraph 21 of Schedule 8 to the Government of Wales Act 2006 (arrangements between Auditor General for Wales and certain bodies). (4) In this section, “registered social landlord in Wales” means a body which is— (a) registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996, and (b) mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act.”’. Secretary Ruth Kelly 29 Page 86, line 13 [Clause 119], after ‘before’ insert ‘the italic heading preceding’. Secretary Ruth Kelly 30 Page 89, line 8 [Clause 124], leave out from ‘Authority)’ to end of line 13. Secretary Ruth Kelly 31 Page 90, line 5 [Clause 126], at end insert— ‘(5) The Secretary of State may by order amend the definition of “English local authority” in subsection (4) by adding any authority or body which is a best value authority, other than— (a) an authority or body which is a Welsh best value authority for the purposes of Part 1 of the Local Government Act 1999; (b) a police authority for a police area in Wales. (6) The Secretary of State may by order remove from that definition any authority or body for the time being mentioned in it. (7) The powers in subsections (5) and (6) may be exercised to add or remove an authority or body to the extent that it acts in a capacity, or exercises functions, specified in the order. (8) Before making an order under subsection (5) or (6) the Secretary of State must consult the best value authorities concerned or persons appearing to him to represent the best value authorities concerned.”’. Mrs Caroline Spelman
194 Page 90, line 9, leave out Clause 127. Secretary Ruth Kelly
new clauses and amendments relating to part 1 Pre-commencement invitations etc Secretary Ruth Kelly NC3 To move the following Clause:— ‘(1) In this section a “pre-commencement invitation” means an invitation given by the Secretary of State before the commencement of this Chapter which, after that commencement, could have been given under the power in section 2. (2) If before the commencement of this Chapter— (a) a pre-commencement invitation was given, (b) guidance as to what a proposal should seek to achieve, or as to matters that should be taken into account in formulating a proposal, was given by the Secretary of State in connection with such an invitation, (c) a proposal was made in response to such an invitation, or (d) consultation was carried out by the Secretary of State in relation to such a proposal, it is immaterial that the invitation or guidance was given, the proposal made, or the consultation carried out, before rather than after the commencement of this Chapter. (3) Accordingly (and without prejudice to the generality of subsection (2))— (a) any reference in this Chapter to an invitation under section 2 includes a pre-commencement invitation; (b) any reference in this Chapter to a proposal made by virtue of section 2 includes a proposal (whenever made) made in response to a pre-commencement invitation; (c) any reference in this Chapter to the Secretary of State’s receiving a proposal in response to an invitation under section 2 includes his receiving before the commencement of this Chapter a proposal made in response to a pre-commencement invitation.’. Referendum in case of proposals for single tier of local government Mrs Caroline Spelman
NC61 To move the following Clause:— ‘(1) In any proposals under sections 2 or 5 for a single tier of local government, the Secretary of State must hold a referendum on the proposals before taking any steps to implement them. (2) If the result of a referendum under subsection (1) is to reject the Secretary of State’s proposals under sections 2 or 5, the Secretary of State may not implement those proposals. (3) The Secretary of State must make regulations to specify the arrangements for any referendum required under this section.’. Secretary Ruth Kelly 1 Page 2, line 43 [Clause 2], at end insert— ‘(9) Subsection (1) is subject to section 3(1).’. Secretary Ruth Kelly 2 Page 3, line 2 [Clause 3], leave out subsection (1) and insert— ‘(1) A direction under section 2— (a) may not be given after 25 January 2008; and (b) may be given on or before that date only where the Secretary of State believes that giving the direction would be in the interests of effective and convenient local government.’. Secretary Ruth Kelly 3 Page 3, line 24 [Clause 3], at end insert— ‘(8) But a direction under section 2 may not be varied after 25 January 2008 if— (a) the direction as originally given required the making of a Type A or Type B proposal; and (b) the direction as varied would require or permit the making of a Type C or combined proposal.’. Secretary Ruth Kelly 4 Page 3, line 26 [Clause 4], leave out from ‘proposal’ to ‘under’ in line 27 and insert ‘in response to an invitation or direction’. Secretary Ruth Kelly 5 Page 3, line 29 [Clause 4], leave out subsections (2) to (4). Secretary Ruth Kelly 6 Page 5, line 30 [Clause 7], leave out subsection (2) and insert— ‘(2) But where the Secretary of State has made a request under section 4 in relation to the proposal received in response to the invitation or direction, he may not make an order or decision under this section before the end of six weeks beginning with the relevant date (as defined by section 6(7)). (3) The Secretary of State may not in any case make an order under subsection (1)(a) implementing a proposal unless he has consulted the following about the proposal— (a) every authority affected by the proposal (except the authority or authorities which made it); and (b) any other person he believes to have an interest. (4) For the purposes of this section an authority is “affected by” a proposal if it is a principal authority for an area which is, or any part of which is, in an area that the proposal suggests should have a single tier of local government. (5) Subsection (3) does not apply if the proposal was made jointly by every authority affected by it, and in that case the Secretary of State may before making an order under subsection (1)(a) consult any other person he believes to have an interest.’. Secretary Ruth Kelly 86 Page 7, line 21 [Clause 10], at end insert— ‘(3) Before doing as mentioned in any of those paragraphs the Secretary of State may request the Boundary Committee to provide him with additional information or advice. (4) Where they receive such a request the Boundary Committee may provide the information or advice requested.’. Secretary Ruth Kelly 7 Page 8, line 17 [Clause 11], leave out ‘7’ and insert ‘7(1)(a)’. Secretary Ruth Kelly 8 Page 11, line 27 [Clause 16], at end insert— ‘(6) In this section “public body” includes a parish council.’. Mrs Caroline Spelman
159 Page 13, line 15, leave out Clause 20. Secretary Ruth Kelly 9 Page 13, line 26 [Clause 20], at end insert— ‘(3) In subsection (2) “public body” includes a parish council.’. Secretary Ruth Kelly 87 Page 13, line 27, leave out Clause 21. Mrs Caroline Spelman
160 Page 15, line 28 [Clause 24], at end insert— ‘(5) Nothing in this chapter nor in any direction from the Secretary of State shall restrict a relevant authority from utilising their financial reserves to reduce their budget requirement for council tax purposes.’. Mrs Caroline Spelman
161 Page 16, line 23 [Clause 27], leave out ‘31 December 2006’ and insert ‘the commencement date of this Part’. Mrs Caroline Spelman
162 Page 16, line 32 [Clause 27], leave out ‘31 December 2006’ and insert ‘the commencement date of this Part’. new clauses and amendments relating to part 9 Responsibilities of Commissioners Secretary Ruth Kelly NC12 To move the following Clause:— ‘(1) Section 23 of the (2) For subsections (8) and (9) (allocation of cases by geographic area) substitute— “(8A) The Commission must— (a) divide the matters which may be investigated under this Part of this Act into such categories as they consider appropriate, and (b) allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.” (3) In subsection (10)(a), for “to accept cases for which they are not responsible” substitute “to deal with matters for which they do not have responsibility pursuant to subsection (8A)”.’. Power to investigate Secretary Ruth Kelly NC13 To move the following Clause:— ‘Before section 25 of the “24A Power to investigate (1) Under this Part of this Act, a Local Commissioner may investigate a matter— (a) which relates to action taken by or on behalf of an authority to which this Part of this Act applies, (b) which is subject to investigation under this Part of this Act by virtue of section 26, and (c) in relation to which subsection (2), (3) or (5) is satisfied. (2) This subsection is satisfied if, in relation to the matter, a complaint which satisfies sections 26A and 26B has been made to a Local Commissioner. (3) This subsection is satisfied if, in relation to the matter— (a) a complaint which satisfies sections 26A and 26B has been made to a member of an authority to which this Part of this Act applies, and (b) the complaint has been referred, or is treated as having been referred, to a Local Commissioner under section 26C. (4) Any question whether subsection (2) or (3) is satisfied in relation to a matter shall be determined by a Local Commissioner. (5) This subsection is satisfied if— (a) the matter has come to the attention of a Local Commissioner, and (b) section 26D applies to the matter. (6) In determining whether to initiate, continue or discontinue an investigation, a Local Commissioner shall, subject to the provisions of this section and sections 26 to 26D, act in accordance with his own discretion. (7) Without prejudice to the discretion conferred by subsection (6), a Local Commissioner may in particular decide— (a) not to investigate a matter, or (b) to discontinue an investigation of a matter, if he is satisfied with action which the authority concerned have taken or propose to take.”’. Authorities subject to investigation Secretary Ruth Kelly NC14 To move the following Clause:— ‘(1) Section 25 of the (2) In subsection (4), for paragraphs (b) and (c) substitute— “(b) to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented), and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection.” (3) After subsection (4) insert— “(4ZA) Any reference to an authority to which this Part of this Act applies also includes, in the case of a local authority operating executive arrangements, the executive.” (4) In subsection (4A) (Greater London Authority), omit paragraphs (b) and (c). (5) Omit subsection (4B) (sub-committees of the London Transport Users Committee). (6) In subsection (5)— (a) in paragraph (c), after “constituted” insert “by the authority”; (b) in paragraph (d), after first “school” insert “maintained by the authority”; (c) in paragraph (e), after “constituted” insert “by the authority”. (7) After subsection (5) insert— “(6) Subsection (7) has effect where an authority to which this Part of this Act applies exercise a function entirely or partly by means of an arrangement with another person. (7) For the purposes of this Part of this Act, action taken by or on behalf of the other person in carrying out the arrangement shall be treated as action taken— (a) on behalf of the authority, and (b) in the exercise of the authority’s function. (8) Subsection (7) does not have effect where, by virtue of another enactment, the action would be treated as action taken by the authority.”’. Matters subject to investigation Secretary Ruth Kelly NC15 To move the following Clause:— ‘(1) Section 26 of the (2) For subsection (1) substitute— “(1) For the purposes of section 24A(1)(b), in relation to an authority to which this Part of this Act applies, the following matters are subject to investigation by a Local Commissioner under this Part of this Act— (a) alleged or apparent maladministration in connection with the exercise of the authority’s administrative functions; (b) an alleged or apparent failure in a service which it was the authority’s function to provide; (c) an alleged or apparent failure to provide such a service. (1A) Subsection (1) is subject to the following provisions of this section.” (3) Omit subsections (2) to (4) (procedure for making complaints). (4) In Schedule 5 to that Act (matters not subject to investigation), for paragraph 3 substitute— “3 (1) Action taken in matters relating to contractual or other commercial transactions of any authority to which Part 3 of this Act applies relating to— (a) the operation of public passenger transport; (b) the carrying on of a dock or harbour undertaking; (c) the provision of entertainment; (d) the provision and operation of industrial establishments; (e) the provision and operation of markets. (2) Sub-paragraph (1) does not include transactions for or relating to— (a) the acquisition or disposal of land; (b) the acquisition or disposal of moorings which are not moorings provided in connection with a dock or harbour undertaking. (3) Sub-paragraph (1)(a) does not include action taken by or on behalf of the London Transport Users Committee in operating a procedure for examining complaints or reviewing decisions. (4) Sub-paragraph (1)(e) does not include transactions relating to— (a) the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or (b) the attachment of any condition to such a licence.”’. Complaints and matters coming to Commissioners’ attention Secretary Ruth Kelly NC16 To move the following Clause:— ‘(1) After section 26 of the “26A Who can complain (1) Under this Part of this Act, a complaint about a matter may only be made— (a) by a member of the public who claims to have sustained injustice in consequence of the matter, (b) by a person authorised in writing by such a member of the public to act on his behalf, or (c) in accordance with subsection (2). (2) Where a member of the public by whom a complaint about a matter might have been made under this Part of this Act has died or is otherwise unable to authorise a person to act on his behalf, the complaint may be made— (a) by his personal representative (if any), or (b) by a person who appears to a Local Commissioner to be suitable to represent him. 26B Procedure for making complaints (1) Subject to subsection (3), a complaint about a matter under this Part of this Act must be made— (a) in writing, and (b) before the end of the permitted period. (2) In subsection (1)(b), “the permitted period” means the period of 12 months beginning with— (a) the day on which the person affected first had notice of the matter, or (b) if the person affected has died without having notice of the matter— (i) the day on which the personal representatives of the person affected first had notice of the matter, or (ii) if earlier, the day on which the complainant first had notice of the matter. (3) A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint. 26C Referral of complaints by authorities (1) This section applies where a complaint about a matter is made to a member of an authority to which this Part of this Act applies. (2) If the complainant consents, the complaint may be referred to a Local Commissioner by— (a) the member of the authority to whom the complaint was made, (b) any other member of that authority, or (c) a member of any other authority to which this Part of this Act applies which is alleged in the complaint to have taken or authorised the action complained of. (3) Subject to subsection (4), a referral under this section must be made in writing. (4) A Local Commissioner may disapply the requirement in subsection (3) in relation to a particular referral. (5) If a Local Commissioner is satisfied that the complainant asked a member of an authority mentioned in subsection (2) to refer the complaint to a Local Commissioner, he may treat the complaint as if it had been referred to him under this section. (6) In this section, references to a member of an authority include— (a) in relation to a National Park authority, a member of any of the councils by whom a local authority member of the authority is appointed; (b) in relation to a joint board, a member of any of the constituent authorities of the joint board; (c) in relation to a joint authority established by Part 4 of the Local Government Act 1985, a member of a constituent council of that authority. 26D Matters coming to attention of Local Commissioner (1) This section applies to a matter which has come to the attention of a Local Commissioner if— (a) the matter came to his attention during the course of an investigation under this Part of this Act, (b) (subject to subsection (3)) the matter came to his attention— (i) before the person affected or his personal representatives had notice of the matter, or (ii) in any other case, before the end of the permitted period, and (c) it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter. (2) In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with— (a) the day on which the person affected first had notice of the matter, or (b) if the person affected has died without having notice of the matter, the day on which the personal representatives of the person affected first had notice of the matter. (3) A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.” (2) In subsection 27 of that Act (provisions relating to complaints)— (a) for the title substitute “Members of the public”; (b) in subsection (1), for the words before paragraph (a) substitute “In this Part of this Act, “member of the public” means an individual or a body of persons, whether incorporated or not, other than—”; (c) omit subsection (2).’. |
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