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

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Secretary Ruth Kelly

196

Page 17, line 36, leave out Clause 31.


Secretary Ruth Kelly

197

Page 18, line 4, leave out Clause 32.

Secretary Ruth Kelly

198

Page 18, line 31 [Clause 33], leave out subsection (1) and insert—

      ‘(1) On passing a resolution for whole-council elections, a council becomes subject to the following electoral scheme.’.


Secretary Ruth Kelly

199

Page 19, line 4 [Clause 33], leave out ‘2008’ and insert ‘2010’.

Secretary Ruth Kelly

200

Page 19, line 9 [Clause 33], leave out ‘the purposes of section 32’ and insert ‘whole-council elections’.

Secretary Ruth Kelly

201

Page 19 [Clause 33], leave out lines 10 to 13.

Secretary Ruth Kelly

202

Page 19, line 14 [Clause 33], leave out ‘the purposes of section 32’ and insert ‘whole-council elections’.

Secretary Ruth Kelly

203

Page 19, line 20 [Clause 34], leave out ‘the purposes of section 32’ and insert ‘whole-council elections’.

Secretary Ruth Kelly

204

Page 19, line 29 [Clause 34], at end insert ‘under section 33’.

Secretary Ruth Kelly

205

Page 19, line 30 [Clause 34], leave out ‘for whole-council elections’.

Secretary Ruth Kelly

206

Page 19, line 37 [Clause 34], leave out ‘scheme for whole-council elections’ and insert ‘new electoral scheme’.

Secretary Ruth Kelly

207

Page 19, line 40 [Clause 35], leave out ‘the purposes of section 32’ and insert ‘whole-council elections’.


Secretary Ruth Kelly

208

Page 20, line 5 [Clause 36], leave out paragraph (b).

Secretary Ruth Kelly

209

Page 20, line 12 [Clause 36], leave out ‘subsection (2)(c)’ and insert ‘subsections (2) and (3)’.

Secretary Ruth Kelly

258

* Page 20, line 13 [Clause 36], leave out subsection (3).

Secretary Ruth Kelly

211

Page 20, line 23 [Clause 36], leave out ‘85(2)’ and insert ‘85’.

Secretary Ruth Kelly

212

Page 20, line 25 [Clause 36], leave out paragraph (c).

Secretary Ruth Kelly

89

Page 20, line 29 [Clause 36], at end insert—

      ‘(5) If—

        (a) a local authority makes a request under section 7(4) of the Local Government Act 1972, and

        (b) immediately before subsection (1)(a) above comes into force in relation to that authority, the request has not yet been dealt with,

      the repeal of section 7(4) to (6) of the 1972 Act does not apply to the request unless, and until, it is dealt with.

      (6) For the purposes of subsection (5) a request under section 7(4) of the 1972 Act is “dealt with” in either of these cases—

        (a) if the Secretary of State notifies the local authority that he has decided not to make an order under section 7(6) of the 1972 Act in response to the request;

        (b) if the Secretary of State makes an order under section 7(6) in response to the request.

      (7) The repeal of section 7(6) or 8(2) of the Local Government Act 1972 or of section 86(1) of the Local Government Act 2000 (so far as it relates to England) does not affect any order made under that provision before its repeal.’.


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

163

Page 21, line 4 [Clause 37], at end insert—

      ‘(4) Subject to the provisions of subsection (3) the local authority may from time to time make proposals to adjust the number of councillors per ward and must hold a referendum in the ward or wards affected before taking any steps to implement them

      (5) The local authority may not pass a resolution which makes the proposed change or changes unless the result of the referendum is to approve the proposals.

      (6) If the result of the referendum is not to approve the proposals, the local authority must publish in one or more newspapers circulating in its area a notice which—

        (a) summarises the proposals;

        (b) states that the referendum did not approve the proposals;

        (c) summarises the authority’s existing arrangements; and

        (d) states that the authority will be continuing to operate those arrangements.’.


Andrew Stunell
Dr John Pugh
Tom Brake

133

Page 23, line 32 [Clause 40], leave out ‘specified in subsections (2) to (5)’.


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

141

Page 24, line 14 [Clause 40], leave out subsection (6).


Andrew Stunell
Dr John Pugh
Tom Brake

135

Page 25, line 31 [Clause 42], at end insert—

    33ZA  Changing governance arrangements

      (1) Any local authority in England may submit a scheme of internal governance appropriate to its circumstances, which shall stand deferred until the next ordinary day of election and may not take effect until the day after that day.

      (2) Where no recognised group has overall control, it shall be competent for the council to implement other arrangements as it may determine.’.


Andrew Stunell
Dr John Pugh
Tom Brake

136

Page 26 [Clause 42], leave out lines 4 to 10 and insert—

‘A local authority in England which is operating alternative arrangements may—’.

Andrew Stunell
Dr John Pugh
Tom Brake

137

Page 26 [Clause 42], leave out lines 13 to 18.

Andrew Stunell
Dr John Pugh
Tom Brake

138

Page 26 [Clause 42], leave out lines 23 to 25.

Andrew Stunell
Dr John Pugh
Tom Brake

139

Page 26, line 28 [Clause 42], leave out from ‘arrangements’ to end of line 29.


Secretary Ruth Kelly

12

Page 27, line 40 [Clause 42], leave out ‘members or’.

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

142

Page 27 [Clause 42], leave out line 44.


Andrew Stunell
Dr John Pugh
Tom Brake

140

Page 28, line 9 [Clause 42], leave out ‘33A’ and insert ‘33ZA’.

Secretary Ruth Kelly

213

Page 28, line 35 [Clause 42], leave out ‘2007’ and insert ‘2008’.


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

143

Page 29, line 19 [Clause 42], leave out ‘or elected executive’.

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

144

Page 29 [Clause 42], leave out line 23.

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

145

Page 29 [Clause 42], leave out from beginning of line 44 to end of line 2 on page 30.


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

146

Page 30, line 3 [Clause 42], leave out ‘or elected’.

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

147

Page 30, line 7 [Clause 42], leave out from ‘executive’ to end of line 8.

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

148

Page 30, line 11 [Clause 42], leave out from ‘mayor’ to end of line 12.

Secretary Ruth Kelly

214

Page 30 [Clause 42], leave out lines 15 to 28.

Secretary Ruth Kelly

215

Page 30, line 35 [Clause 42], leave out ‘2008’ and insert ‘2009’.


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

149

Page 31 [Clause 42], leave out line 19.

Secretary Ruth Kelly

216

Page 31, line 31 [Clause 42], column 2, leave out ‘2007’ and insert ‘2009’.

Secretary Ruth Kelly

217

Page 31, line 32 [Clause 42], column 2, leave out ‘2011’ and insert ‘2013’.


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

150

Page 32, line 22 [Clause 43], leave out ‘an elected executive,’.

Secretary Ruth Kelly

13

Page 32, line 32 [Clause 44], after ‘authority’ insert ‘in England’.

Secretary Ruth Kelly

14

Page 32, line 35 [Clause 44], after ‘mayor’ insert ‘of a local authority’.


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

151

Page 33, line 1, leave out Clause 45.

Secretary Ruth Kelly

15

Page 33 [Clause 45], leave out lines 29 and 30 and insert—

      ‘(4) The number of persons included in a proposed executive must comply with the requirements in the second column of the following table that apply to the local authority.

      The requirements that apply to the local authority are those in the row that sets out the kind of executive arrangements operated by the local authority.

Kind of executive arrangements Requirements
The local authority’s executive arrangements include provision under paragraph 2A(2) of Schedule 1 (specified membership of executive). The number of persons included in a proposed executive must be the same as the specified membership.
The local authority’s executive arrangements include provision under paragraph 2A(2D) of Schedule 1 (specified minimum and maximum membership of executive). The number of persons included in a proposed executive— (a) must be the same as, or greater than, the specified minimum membership, but (b) must not be greater than the specified maximum membership.
The local authority’s executive arrangements do not include provision under paragraph 2A(2) or (2D) of Schedule 1. The number of persons included in a proposed executive— (a) must be 3 or more, but (b) must not be greater than the maximum number of members of the elected executive (as determined under section 11(8) or regulations under section 11(9)).’.

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

152

Page 34, line 17 [Clause 46], leave out from ‘mayor’ to end of line 18.

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

153

Page 34 [Clause 47], leave out line 29.

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

154

Page 34, line 30 [Clause 47], leave out ‘other’.

Secretary Ruth Kelly

16

Page 34 [Clause 48], leave out lines 32 and 33 and insert—

      ‘(1) Section 41 of the Local Government Act 2000 (regulations about time of elections etc) is amended as follows.

      (2) The provision of section 41 becomes subsection (1) of that section.

      (3) In subsection (1)—’.

Secretary Ruth Kelly

17

Page 34, line 39 [Clause 48], at end insert—

      ‘(4) After subsection (1) insert—

      “(2) Regulations under this section may not provide for an elected executive by-election to be held if the number of remaining members of the executive is the same as, or greater than, the minimum effective membership.

      (3) But subsection (2) does not prevent the regulations from providing that, in those circumstances, an elected executive by-election may be held at the direction of the elected leader of the executive.

      (4) In this section—

      “elected executive by-election” means—

      (a) an election to fill a vacancy in the membership of an elected executive, or

      (b) an election of a new elected executive because of vacancies in the membership of the current executive;

      but it does not include any election to be held because of a vacancy in the office of elected leader;

      “minimum effective membership” means, in relation to a local authority—

      (a) 3 members of the authority’s executive, or

      (b) if the authority’s executive arrangements include provision under paragraph 2A(2B) or (2G) of Schedule 1, the number of members of the authority’s executive specified in that provision.’.


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

155

Page 35, line 2 [Clause 49], leave out subsection (1).


Secretary Ruth Kelly

18

Page 38, line 25 [Clause 52], leave out ‘members or’.

Secretary Ruth Kelly

218

Page 38, line 34 [Clause 52], column 2, leave out ‘2008’ and insert ‘2010’.


Secretary Ruth Kelly

90

Page 43, line 25 [Clause 56], leave out subsection (4) and insert—

      ‘(4) In exercising a function under or by virtue of this section a parish council must have regard to any guidance issued by the Secretary of State about the exercise of that function.’.

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

164

Page 43, line 37 [Clause 57], leave out ‘an eligible’ and insert ‘a’.


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

165

Page 44, line 1 [Clause 57], leave out subsection (4).

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

166

Page 44, line 8 [Clause 58], leave out ‘an eligible’ and insert ‘a’.

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

167

Page 44, line 13 [Clause 58], leave out ‘an eligible’ and insert ‘a’.

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

168

Page 44, line 14 [Clause 58], leave out ‘an eligible’ and insert ‘a’.

Secretary Ruth Kelly

228

Page 44, line 24 [Clause 59], leave out subsections (1) and (2).


Secretary Ruth Kelly

229

Page 45, line 1 [Clause 59], after ‘review’, insert ‘(including any modification of those terms)’.

Secretary Ruth Kelly

230

Page 45, line 20 [Clause 60], leave out ‘proposed recommendations’ and insert ‘recommendations which the petitioners wish a community governance review to consider making’.

Secretary Ruth Kelly

231

Page 45, line 27 [Clause 60], leave out subsection (7).

Secretary Ruth Kelly

232

Page 45, line 43 [Clause 60], leave out subsection (10).


Secretary Ruth Kelly

233

Page 46, line 7, leave out Clause 61.

Secretary Ruth Kelly

91

Page 46, line 22 [Clause 62], leave out ‘authority’ and insert ‘council’.

Secretary Ruth Kelly

234

Page 46, line 32 [Clause 62], at end insert—

        ‘(aa) Part 1 of this Act,’.

Secretary Ruth Kelly

235

Page 46, line 33 [Clause 62], leave out ‘or 26’.


Secretary Ruth Kelly

236

Page 48, line 15 [Clause 66], after ‘recommendations’, insert ‘as’.

Secretary Ruth Kelly

237

Page 48, line 32 [Clause 68], at end insert—

      ‘(2A) The Electoral Commission may by order give effect to recommendations made under subsection (2).

      (2B) The Electoral Commission must notify each relevant principal council of whether or not the Commission have given effect to recommendations made under subsection (2).

      (2C) If the Electoral Commission have given effect to the recommendations, they must also send each relevant principal council two copies of the order under this section.’.

Secretary Ruth Kelly

238

Page 48, line 38 [Clause 68], at end insert—

      ‘“relevant principal council”, in relation to recommendations under subsection (2), means—

      (e) the principal council that made the recommendations, and

      (f) if the recommendations are made by a district council for an area for which there is a county council, the county council.’.


Secretary Ruth Kelly

239

Page 49, line 16 [Clause 69], leave out ‘arrangements (other than’ and insert ‘other arrangements (apart from’.

Secretary Ruth Kelly

240

Page 49, line 25 [Clause 69], leave out from ‘with’ to end of line 30 and insert ‘the day on which the council begins the review.’


Secretary Ruth Kelly

241

Page 51, line 8 [Clause 72], at end insert—

      ‘(2A) The steps taken under subsection (2) must include publication of a notice setting out the matters referred to in subsection (2)(a) and (b).’.


Secretary Ruth Kelly

242

Page 52, line 24 [Clause 74], at end insert—

      ‘(7) An order under section 68 may include such incidental, consequential, transitional or supplementary provision as may appear to the Electoral Commission to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.’.


Secretary Ruth Kelly

19

Page 53, line 8 [Clause 75], leave out ‘Chapter 1 of Part 1 (see section 23)’ and insert ‘section 16’.

 
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Prepared: 17 May 2007