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Reports and statements of reasons Secretary Ruth Kelly NC17 To move the following Clause:— ‘(1) Section 30 of the (2) For subsection (1) substitute— “(1) If a Local Commissioner completes an investigation of a matter, he shall prepare a report of the results of the investigation and send a copy to each of the persons concerned (subject to subsection (1A)). (1A) If, after the investigation of a matter is completed, the Local Commissioner decides— (a) that he is satisfied with action which the authority concerned have taken or propose to take, and (b) that it is not appropriate to prepare and send a copy of a report under subsection (1), he may instead prepare a statement of his reasons for the decision and send a copy to each of the persons concerned. (1B) If a Local Commissioner decides— (a) not to investigate a matter, or (b) to discontinue an investigation of a matter, he shall prepare a statement of his reasons for the decision and send a copy to each of the persons concerned. (1C) For the purposes of subsections (1) to (1B), the persons concerned are— (a) the complainant (if any), (b) any person who referred the matter under section 26C(2), (c) the authority concerned, and (d) any other authority or person who is alleged in the complaint, or who otherwise appears to the Local Commissioner, to have taken or authorised the action which is or would be the subject of the investigation.” (3) In subsection (2), for “the complaint” substitute “a complaint about the matter”. (4) In subsection (2AA)(a), for “the duty imposed by subsection (1)(c) above” substitute “the duty to send a report or statement to the Authority under subsection (1), (1A) or (1B)”. (5) In subsection (3)— (a) after “report” (in each place) insert “or statement”; (b) for “the interests of the complainant and of persons other than the complainant” substitute “the interests of the complainant (if any) and of other persons”. (6) In subsection (3AA), after “report” insert “or statement”. (7) After subsection (3A) insert— “(3B) Subsections (4) to (8) apply in the case of a report under subsection (1).” (8) In subsection (7), for “the interests of the complainant and of persons other than the complainant” substitute “the interests of the complainant (if any) and of other persons”.’. Power of Commissioners to make recommendations etc Secretary Ruth Kelly NC18 To move the following Clause:— ‘(1) Section 31 of the (2) For subsection (1) substitute— “(1) This section applies where a Local Commissioner reports that there has been— (a) maladministration in connection with the exercise of the authority’s administrative functions, (b) a failure in a service which it was the function of an authority to provide, or (c) a failure to provide such a service.” (3) For subsection (2B) substitute— “(2B) Where the report relates to maladministration, those recommendations are recommendations with respect to action which, in the Local Commissioner’s opinion, the authority concerned should take— (a) to remedy any injustice sustained by the person affected in consequence of the maladministration, and (b) to prevent injustice being caused in the future in consequence of similar maladministration in connection with the exercise of the authority’s administrative functions. (2BA) Where the report relates to a failure in, or to provide, a service which it was the function of the authority to provide, those recommendations are recommendations with respect to action which, in the Local Commissioner’s opinion, the authority concerned should take— (a) to remedy any injustice sustained by the person affected in consequence of the failure, and (b) to prevent injustice being caused in the future in consequence of a similar failure in, or to provide, a service which it is the function of the authority to provide.” (4) In subsection (3)(b), for “maladministration” substitute “the maladministration or failure”.’. Publication of reports etc by Commissioners Secretary Ruth Kelly NC19 To move the following Clause:— ‘After section 31A of the “31B Publication of reports etc by Commissioners (1) A Local Commissioner may— (a) publish all or part of a report or statement under section 30, (b) publish all or part of a report under section 31, (c) arrange for further publication of a statement published under section 31(2D) or (2G), or (d) publish a summary of a matter which is the subject of a report or statement under section 30 or 31, if, after taking into account the public interest as well as the interests of the complainant (if any) and of other persons, he considers it appropriate to do so. (2) A Local Commissioner may— (a) supply a copy of a report, statement or summary mentioned in subsection (1) to any person who requests it, and (b) charge a reasonable fee for doing so. (3) Subsection (3) of section 30 applies to a summary mentioned in subsection (1)(d) of this section as it applies to a report or statement prepared under that section.”’. Disqualifications Secretary Ruth Kelly NC20 To move the following Clause:— ‘(1) Schedule 4 to the (2) In paragraph 1(1) (disqualification for being Local Commissioner)— (a) in paragraph (a), for “any of the authorities mentioned in section 25(1) of this Act” substitute “any authority to which Part 3 of this Act applies”; (b) in paragraph (b), omit “or is a member (by co-option) of a committee of any of those authorities”. (3) In paragraph 1(2) (restriction on Local Commissioners conducting cases), for the words from “has been a member of that authority” to the end substitute “— (a) has been a member of that authority, (b) has taken action on behalf of that authority in the exercise of any of their functions, or (c) has taken action which, by virtue of an enactment, is treated as having been taken by that authority in the exercise of any of their functions.” (4) For paragraph 2 (disqualification of Local Commissioners for appointment to paid office by authority) substitute— “2A A Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies— (a) while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include— (b) for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).”’. Minor and consequential amendments Secretary Ruth Kelly NC21 To move the following Clause:— ‘Schedule (The Commission for Local Administration for England: minor and consequential amendments) (minor and consequential amendments) has effect.’. Secretary Ruth Kelly 108 Page 96, line 3 [Clause 138], leave out subsection (1). Secretary Ruth Kelly 109 Page 96, line 5 [Clause 138], after
‘32’ insert ‘of the Secretary Ruth Kelly 110 Page 96, line 8 [Clause 138], after ‘34’ insert ‘of that Act’. remaining proceedings on consideration Orders under Part 1 of Local Government Act 2000: Wales Secretary Ruth Kelly NC1 To move the following Clause:— ‘(1) Part 1 of the (2) In section 3(7) (limits on power to promote well-being) and section 4(5) (strategies for promoting well-being), for “the National Assembly for Wales” substitute “the Welsh Ministers”. (3) In section 5 (power to amend or repeal enactments relating to power to promote well-being), for subsection (4) substitute— “(4) In exercising the power under subsection (1), the Secretary of State must not make any provision which has effect in relation to Wales unless he has consulted the Welsh Ministers. (a) must not make any provision amending, repealing or disapplying any Measure or Act of the National Assembly for Wales without the consent of the National Assembly for Wales, and (b) must not make any provision amending, revoking or disapplying subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers. (4B) Subsection (4A) does not apply to the extent that the Secretary of State is making incidental or consequential provision.” (4) In subsection (5) of that section, for “The National Assembly for Wales” substitute “The Welsh Ministers”. (5) In section 6 (power to modify enactments concerning plans etc)— (a) in subsection (1), at the end insert “so far as that enactment has effect in relation to a local authority in England”; and (b) omit subsections (5) and (6). (6) In section 7 (power to modify enactments concerning plans etc: Wales)— (a) in subsection (1)— (i) for “the National Assembly for Wales” substitute “the Welsh Ministers”; and (ii) for “to which subsection (2) applies” substitute “(whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter”; (b) omit subsection (2); (c) in subsection (4), for “the National Assembly for Wales considers” substitute “the Welsh Ministers consider”; and (d) omit subsection (6). (7) At the end of that section insert— (9) For the purposes of subsection (8), section 94(4) of the Government of Wales Act 2006 has effect as if paragraph (a) (matters within legislative competence) were omitted. (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description, is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.”. (8) In section 9 (procedure for orders under section 5 or 6)— (a) in subsection (2), for “the National Assembly for Wales” substitute “the Welsh Ministers”; and (b) in subsection (3)(d), for “the National Assembly for Wales” substitute “the Welsh Ministers”.’. Requests for single-member electoral areas Secretary Ruth Kelly NC4 To move the following Clause:— ‘In the “14A Requests for single-member electoral areas (1) A principal council which falls within subsection (3) may request the Electoral Commission— (a) to give the Boundary Committee for England a direction under section 13(3) relating to the council’s area, and (b) to direct that Committee (under section 13(6)) that their recommendations under section 13(3) must contain recommendations as to single-member electoral areas. (2) In subsection (1) “recommendations as to single-member electoral areas” means a recommendation, as respects each electoral area in the council’s area, as to whether the electoral area should return one councillor. (3) A principal council falls within this subsection if— (a) it is not the case that each of the electoral areas in the council’s area returns one councillor, and (b) the council is subject to a scheme for whole-council elections. (4) A council is “subject to a scheme for whole-council elections” if, in each year in which ordinary elections of councillors of the council are to be held, all the councillors are to be elected. (5) If the Electoral Commission grant a request under this section— (a) they must notify the Boundary Committee for England of the request when they give the directions requested, and (b) subject to subsection (6), where the Boundary Committee for England make recommendations under section 13(3) in response to those directions they must recommend that each electoral area in the council’s area should return one councillor. (6) Subsection (5)(b) does not require the Boundary Committee for England to make any recommendation that they consider would be inappropriate having regard to the matters which they are required by section 13(5)(a) to (c) to have regard to. (7) If the Electoral Commission decide not to grant a request under this section they must notify the council that made the request of— (a) their decision, and (b) the reasons for it. 14B Provision supplementary to section 14A (1) Nothing in section 14A prevents the Electoral Commission— (a) from making a direction under section 13 where there has been no request under section 14A, or (b) if they grant a request under section 14A, from making directions under section 13(6) in addition to the one requested. (2) Nothing in section 14A prevents the Boundary Committee for England, when making a recommendation as to whether electoral areas should return one councillor, from making other recommendations under section 13(3). (3) In section 14A(2) and (5) references to electoral areas are, in relation to a case where the Boundary Committee for England make recommendations for change to the number or boundaries of electoral areas in the council’s area, to the recommended electoral areas.”’. Duty of local authority to provide Boundary Committee with information Secretary Ruth Kelly NC5 To move the following Clause:— ‘(1) The (2) In section 13 (electoral reviews and recommendations), after subsection (7) insert— “(8) A local authority must, if requested by the Boundary Committee for England to do so, provide that Committee, by such date as that Committee may specify, with any information that that Committee may reasonably require in connection with any of their functions under this section.”’. Consequential amendments Secretary Ruth Kelly NC6 To move the following Clause:— ‘Schedule (Elections: consequential amendments) has effect.’. Entities controlled etc by local authorities Secretary Ruth Kelly NC22 To move the following Clause:— ‘(1) An order under this section is an order which requires, prohibits or regulates the taking of specified actions by entities connected with a local authority. (2) The Secretary of State may make an order under this section in relation to— (a) all English local authorities; (b) English local authorities of particular descriptions; (c) particular English local authorities. (3) The Welsh Ministers may make an order under this section in relation to— (a) all Welsh local authorities; (b) Welsh local authorities of particular descriptions; (c) particular Welsh local authorities. (4) An order under this section may also include provision which requires, prohibits or regulates— (a) the taking of specified actions by a local authority in relation to entities connected with the local authority; (b) the taking of specified actions by members or officers of a local authority who are qualifying persons. (5) An order under this section may make provision in relation to— (a) every entity connected with a local authority; (b) such entities of a particular description. (6) Where an order under this section makes provision in relation to entities of a particular description, it may provide for any expression used in identifying that description of entity to have the meaning for the time being given by— (a) any document identified by the order; or (b) any re-issue of such a document. (7) For the purposes of this section an entity (“E”) is “connected with” a local authority at any time if— (a) it is an entity other than the local authority; and (b) according to proper practices in force at that time, financial information about E must be included in the local authority’s statement of accounts for the financial year in which that time falls. (8) In this section— “actions” includes courses of action; “English local authority” means a local authority in England; “entity” means any entity, whether or not a legal person; “financial year” means a period for which accounts
of the local authority must be prepared by reason of section 2 of the
“local authority” means any body which— (a) is a local authority for the purposes of section
21 of the (b) is required to prepare statements of accounts
by regulations made under section 27 of the “qualifying person” means a person who— (a) is authorised to represent the local authority at meetings of an entity that is connected with the local authority; or (b) is a member or director of such an entity or the holder of any other specified position in relation to such an entity; “specified” means specified, or of a description specified, by the order; “Welsh local authority” means a local authority in Wales.’. Trusts Secretary Ruth Kelly NC23 To move the following Clause:— ‘(1) In this section a “relevant trust” means a trust connected with a local authority. (2) An order under section (Entities controlled etc by local authorities) may include provision which requires, prohibits or regulates— (a) the taking of specified actions by the trustees of a relevant trust; (b) the taking of specified actions by a local authority in relation to the trustees of trusts connected with that local authority; (c) the taking of specified actions by a member or officer of a local authority who is a trustee of a trust connected with that local authority. (3) Provision included in an order by virtue of this section may relate to— (a) the trustees of every relevant trust; (b) the trustees of relevant trusts of a particular description. (4) Where by virtue of this section an order makes provision in relation to the trustees of trusts of a particular description, it may provide for any expression used in identifying that description of trust to have the meaning for the time being given by— (a) any document identified by the order; or (b) any re-issue of such a document. (5) For the purposes of this section a trust (“T”) is “connected with” a local authority at any time if, according to proper practices in force at that time, financial information about T must be included in the local authority’s statement of accounts for the financial year in which that time falls. (6) In this section the following have the same meaning as in section (Entities controlled etc by local authorities)— “actions”; “financial year”; “local authority”; “specified”.’. |
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