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

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Further provision about orders

Secretary Ruth Kelly

NC24

    To move the following Clause:—

      ‘(1) An order under section (Entities controlled etc by local authorities) may make provision requiring an entity, a local authority or trustees to obtain the consent of the appropriate person before taking any particular actions.

      (2) In subsection (1) “the appropriate person” means—

        (a) in relation to an order made by the Secretary of State, the Audit Commission;

        (b) in relation to an order made by the Welsh Ministers, the Auditor General for Wales.

      (3) The provision that may be included in an order by virtue of section (Entities controlled etc by local authorities)(4)(a) includes in particular provision—

        (a) requiring a local authority to make arrangements for enabling questions about an entity’s activities to be put to members or officers of the authority who are qualifying persons;

        (b) prohibiting a local authority from taking action (including refraining from exercising a right) which would have the result that a person of a specified description becomes a qualifying person;

        (c) requiring a local authority to ensure so far as practicable that entities comply with provisions of the order applicable to them.

      (4) The provision that may be included in an order by virtue of section (Trusts)(2)(b) includes in particular provision—

        (a) requiring a local authority to make arrangements for enabling questions about a trust connected with the authority to be put to members or officers of the authority who are trustees;

        (b) prohibiting a local authority from taking action (including refraining from exercising a right) which would have the result that a person of a specified description becomes a trustee of a trust connected with the authority;

        (c) requiring a local authority to ensure so far as practicable that trustees comply with provisions of the order applicable to them.

      (5) Nothing in subsections (1) to (4) affects the generality of section (Entities controlled etc by local authorities)(1) or (4) or (Trusts)(2).

      (6) An order under section (Entities controlled etc by local authorities) may include incidental, consequential, transitional or supplementary provision.

      (7) In this section the following have the same meaning as in section (Entities controlled etc by local authorities)—

      “actions”;

      “entity”;

      “entity connected with a local authority”;

      “local authority”;

      “qualifying person”.

      (8) In this section “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England.’.


Exemptions from orders

Secretary Ruth Kelly

NC25

    To move the following Clause:—

      ‘(1) The appropriate authority may give a direction exempting—

        (a) a particular entity, or entities of a particular description, or

        (b) the trustees of a particular trust, or of trusts of a particular description,

      from an order under section (Entities controlled etc by local authorities) or specified provisions of such an order.

      (2) A direction under this section may provide for an exemption to have effect—

        (a) for a specified period; or

        (b) subject to specified conditions.

      (3) A direction under this section may be varied or revoked by a subsequent direction of the appropriate authority.

      (4) In this section “the appropriate authority” means—

        (a) in relation to an order made by the Secretary of State, the Secretary of State;

        (b) in relation to an order made by the Welsh Ministers, the Welsh Ministers.

      (5) In this section—

      “entity” has the same meaning as in section (Entities controlled etc by local authorities);

      “specified” means specified by the direction.’.


Definition of certain terms for purposes of other enactments: England

Secretary Ruth Kelly

NC26

    To move the following Clause:—

      ‘(1) The Secretary of State may by order under this section—

        (a) define an “entity under the control of a local authority” and an “entity jointly controlled by bodies that include a local authority” for the purposes of section 4(2) of the Prevention of Corruption Act 1916 (c. 64);

        (b) define for the purposes of section 80(1)(aa) of the Local Government Act 1972 (c. 70) the reference in that provision to “an entity under the control of” the authority mentioned there;

        (c) define, for the purposes of sections 98(8)(d) and 100(1)(a) of the Local Government, Planning and Land Act 1980 (c. 65), the references in each of those provisions to—

          (i) “an entity under the control of” the body mentioned there;

          (ii) “an entity subject to the influence of” that body; and

          (iii) “an entity jointly controlled by” that body and one or more other bodies;

        (d) define for the purposes of paragraph 7(2) of Schedule 7 to the Environment Act 1995 (c. 25) the reference in that provision to “an entity under the control of” the authority mentioned there;

        (e) define for the purposes of section 18(2)(b) of the Local Government Act 2003 (c. 26) the references in that provision to—

          (i) “an entity under the control of” and “a trust under the control of” an authority or Executive mentioned there;

          (ii) “an entity subject to the influence of” and “a trust subject to the influence of” such an authority or Executive; and

          (iii) “an entity jointly controlled by bodies that include” and “a trust jointly controlled by bodies that include” such an authority or Executive.

      (2) Any reference in subsection (1) to the purposes of a provision of—

      the Local Government Act 1972 (c. 70),

      the Local Government, Planning and Land Act 1980 (c. 65),

      the Environment Act 1995 (c. 25), or

      the Local Government Act 2003 (c. 26),

      is a reference to the purposes of that provision as it applies in relation to England.

      (3) An order under this section may provide for any expression used by it to have the meaning for the time being given by—

        (a) any document identified by the order;

        (b) any re-issue of such a document.’.


Definition of certain terms for purposes of other enactments: Wales

Secretary Ruth Kelly

NC27

    To move the following Clause:—

      ‘(1) The Welsh Ministers may by order under this section—

        (a) define for the purposes of section 80(1)(aa) of the Local Government Act 1972 (c. 70) the reference in that provision to “an entity under the control of” the authority mentioned there;

        (b) define, for the purposes of sections 98(8)(d) and 100(1)(a) of the Local Government, Planning and Land Act 1980 (c. 65), the references in each of those provisions to——

          (i) “an entity under the control of” the body mentioned there;

          (ii) “an entity subject to the influence of” that body; and

          (iii) “an entity jointly controlled by” that body and one or more other bodies;

        (c) define for the purposes of paragraph 7(2) of Schedule 7 to the Environment Act 1995 (c. 25) the reference in that provision to “an entity under the control of” the authority mentioned there;

        (d) define for the purposes of section 18(2)(b) of the Local Government Act 2003 (c. 26) the references in that provision to—

          (i) “an entity under the control of” and “a trust under the control of” an authority mentioned there;

          (ii) “an entity subject to the influence of” and “a trust subject to the influence of” such an authority; and

          (iii) “an entity jointly controlled by bodies that include” and “a trust jointly controlled by bodies that include” such an authority;

        (e) define “an entity under the control of a local authority” for the purposes of section 48(3) of the Public Audit (Wales) Act 2004 (c. 23).

      (2) Any reference in subsection (1) to the purposes of a provision of—

      the Local Government Act 1972 (c. 70),

      the Local Government, Planning and Land Act 1980 (c. 65),

      the Environment Act 1995 (c. 25), or

      the Local Government Act 2003 (c. 26),

      is a reference to the purposes of that provision as it applies in relation to Wales.

      (3) An order under this section may provide for any expression used by it to have the meaning for the time being given by—

        (a) any document identified by the order;

        (b) any re-issue of such a document.’.


Consequential amendments

Secretary Ruth Kelly

NC28

    To move the following Clause:—

      ‘(1) Omit Part 5 of the Local Government and Housing Act 1989 (c. 42).

      (2) Schedule (Consequential amendments relating to entities controlled etc by local authorities) (other consequential amendments) has effect.

      (3) Subsection (4) applies where by virtue of section 14 of the Interpretation Act 1978 (c. 30) (implied power to amend) any subordinate legislation is amended in consequence of the repeal of Part 5 of the Local Government and Housing Act 1989 (c. 42).

      (4) Any provision inserted or substituted by the amendment may provide for an expression used in such provision to have the meaning for the time being given by—

        (a) any document identified by such provision;

        (b) any re-issue of such a document.’.


Schemes for elections

Secretary Ruth Kelly

NC36

    To move the following Clause:—

      ‘For the purposes of this Part—

        (a) a council is “subject to a scheme for whole-council elections” if all of its councillors are to be elected in each year in which it holds ordinary elections of councillors;

        (b) a council is “subject to a scheme for elections by halves” if one-half (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors;

        (c) a council is “subject to a scheme for elections by thirds” if one-third (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors.’.


Resolution for whole-council elections

Secretary Ruth Kelly

NC37

    To move the following Clause:—

      ‘(1) A district council in England that is subject to a scheme for elections by halves or by thirds may resolve that it is to be subject instead to the scheme for whole-council elections under section 33.

      (2) A resolution under this section is referred to in this Part as a “resolution for whole-council elections”.’.


Resolution for whole-council elections: requirements

Secretary Ruth Kelly

NC38

    To move the following Clause:—

      ‘(1) A council must comply with this section in passing a resolution for whole-council elections.

      (2) The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.

      (3) The resolution must be passed—

        (a) at a meeting specially convened for the purpose, and

        (b) by a majority of at least two thirds of the members voting on it.

      (4) The council must pass the resolution in a permitted resolution period.

      (5) In this section “permitted resolution period” means—

        (a) in relation to a metropolitan district council—

          (i) the period ending with 31 December 2009, or

          (ii) the period in 2013, or in any fourth year afterwards, that starts with 1 October and ends with 31 December;

        (b) in relation to a non-metropolitan district council—

          (i) the period ending with 31 December 2010, or

          (ii) the period in 2014, or in any fourth year afterwards, that starts with 1 October and ends with 31 December.

      (6) The Secretary of State may by order provide that a permitted resolution period is to end later than the day determined in accordance with subsection (5).’.


Resolution for elections by halves

Secretary Ruth Kelly

NC39

    To move the following Clause:—

      ‘(1) A non-metropolitan district council in England that—

        (a) was formerly subject to a scheme for elections by halves, but

        (b) is for the time being subject to a scheme for whole-council elections,

      may resolve that it is to revert to being subject to a scheme for elections by halves.

      (2) For the purposes of this section, a council that is subject to a scheme for whole-council elections was “formerly subject” to a scheme for elections by halves if it was subject to such a scheme at any time in the period beginning with—

        (a) 1 April 1974, or

        (b) if later, the date on which the council was created.

      (3) A resolution under this section is referred to in this Part as a “resolution for elections by halves”.’.


Resolution for elections by halves: requirements

Secretary Ruth Kelly

NC40

    To move the following Clause:—

      ‘(1) A council must comply with this section in passing a resolution for elections by halves.

      (2) The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.

      (3) The resolution must be passed—

        (a) at a meeting specially convened for the purpose, and

        (b) by a majority of at least two thirds of the members voting on it.

      (4) The council must pass the resolution in a permitted resolution period.

      (5) In this section “permitted resolution period” means the period in 2008, or in any fourth year afterwards, that starts with 1 October and ends with 31 December.

      (6) The Secretary of State may by order provide that a permitted resolution period is to end later than the day determined in accordance with subsection (5).’.


Resolution for elections by thirds

Secretary Ruth Kelly

NC41

    To move the following Clause:—

      ‘(1) A district council in England that—

        (a) was formerly subject to a scheme for elections by thirds, but

        (b) is for the time being subject to a scheme for whole-council elections,

      may resolve that it is to revert to being subject to a scheme for elections by thirds.

      (2) For the purposes of this section, a council that is subject to a scheme for whole-council elections was “formerly subject” to a scheme for elections by thirds if it was subject to such a scheme at any time in the period beginning with—

        (a) 1 April 1974, or

        (b) if later, the date on which the council was created.

      (3) A resolution under this section is referred to in this Part as a “resolution for elections by thirds”.’.


Resolution for elections by thirds: requirements

Secretary Ruth Kelly

NC42

    To move the following Clause:—

      ‘(1) A council must comply with this section in passing a resolution for elections by thirds.

      (2) The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.

      (3) The resolution must be passed—

        (a) at a meeting specially convened for the purpose, and

        (b) by a majority of at least two thirds of the members voting on it.

      (4) The council must pass the resolution in a permitted resolution period.

      (5) In this section “permitted resolution period” means—

        (a) in relation to a metropolitan district council: the period in 2011, or in any fourth year afterwards, that starts with 1 October and ends with 31 December;

        (b) in relation to a non-metropolitan district council: the period in 2008, or in any fourth year afterwards, that starts with 1 October and ends with 31 December.

      (6) The Secretary of State may by order provide that a permitted resolution period is to end later than the day determined in accordance with subsection (5).’.


Publicity for resolution

Secretary Ruth Kelly

NC43

    To move the following Clause:—

      ‘(1) A council must comply with this section as soon as practicable after passing a resolution for elections by halves or a resolution for elections by thirds.

      (2) The council must produce an explanatory document.

      (3) The council must make the explanatory document—

        (a) available for public inspection at the council’s principal office at all reasonable times, and

        (b) available to the public by such other means as the council thinks appropriate.

      (4) The council must publicise these matters—

        (a) that the council has resolved to become subject to the new electoral scheme;

        (b) that the Electoral Commission is to make provision by order about the operation of, and transition to, the new electoral scheme;

        (c) how the explanatory document is available in accordance with subsection (3);

        (d) the address of the council’s principal office.

      (5) It is for the council to decide how these matters are to be publicised.

      (6) An explanatory document is a document which sets out details of the new electoral scheme (so far as the details are known at the time the document is prepared).’.


Notice to Electoral Commission

Secretary Ruth Kelly

NC44

    To move the following Clause:—

      ‘(1) A council must comply with this section as soon as practicable after passing a resolution for elections by halves or a resolution for elections by thirds.

      (2) The council must give the Electoral Commission notice that it has passed the resolution.’.


Electoral Commission to consider whether electoral review is necessary

Secretary Ruth Kelly

NC45

    To move the following Clause:—

      ‘(1) This section applies if the Electoral Commission receive notice under section (Notice to Electoral Commission) that a council has passed a resolution for elections by halves or a resolution for elections by thirds.

      (2) As soon as practicable after receiving the notice, the Commission must consider whether to exercise their power under section 13(3) of the Local Government Act 1992 (c. 19) to direct the Boundary Committee to conduct a review of the district in question (or any part of it).

      (3) As soon as practicable after deciding whether or not to direct the Boundary Committee to conduct an electoral review, the Commission must give the council notice of the decision.’.


Electoral Commission to make order for new electoral scheme

Secretary Ruth Kelly

NC46

    To move the following Clause:—

      ‘(1) Where the Electoral Commission receive notice under section (Notice to Electoral Commission) that a council has passed a resolution, they must—

        (a) in the case of a resolution for elections by halves, make an order for elections by halves in relation to the council (see sections (Order for elections by halves: years in which elections are to be held) and (Order for elections by halves: councillors to be elected at ordinary elections));

        (b) in the case of a resolution for elections by thirds, make an order for elections by thirds in relation to the council (see sections (Order for elections by thirds: years in which elections are to be held) and (Order for elections by thirds: councillors to be elected at ordinary elections)).

      (2) But the Commission must not make the order—

        (a) before they have decided whether or not to give the Boundary Committee a direction to conduct an electoral review (see section (Electoral Commission to consider whether electoral review is necessary)(2)), or

        (b) if they give such a direction, before the Boundary Committee have concluded the review.’.


 
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Prepared: 17 May 2007