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

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Secretary Ruth Kelly

243

Page 53, line 21 [Clause 76], leave out ‘local authority’ and insert ‘council’.

Secretary Ruth Kelly

244

Page 53, [Clause 78], leave out line 26 and insert—

      ‘(1) This section applies for the purposes of this Chapter.

      (2) The following expressions have the meanings given—’.


Secretary Ruth Kelly

245

Page 54, line 4 [Clause 78], at end insert—

      ‘“petition area” means the area to which a community governance petition relates;’.

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

169

Page 54, line 6 [Clause 78], at end insert ‘or’.

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

170

Page 54, line 8 [Clause 78], leave out from ‘councils’ to end of line 9.

Secretary Ruth Kelly

246

Page 54, line 10 [Clause 78], at end insert—

      ‘“relevant two-year period”, in relation to receipt of a community governance petition, means the period of two years ending with the day on which the petition is received by the principal council;

      “specified recommendations”, in relation to a community governance petition, means the recommendations—

      (g) specified in the petition, or

      (h) treated by section 61 as included in the recommendations specified in the petition;’.

Secretary Ruth Kelly

247

Page 54, line 11 [Clause 78], at end insert—

      ‘(3) A principal council “begins” a community governance review when the council publishes the terms of reference of the review.

      (4) A principal council “concludes” a community governance review when the council publishes the notice required by 72(2A).

      (5) A principal council is “in the course of undertaking” a community governance review in the period between—

        (a) beginning the review, and

        (b) concluding the review.

      (6) The terms of reference of a community governance review “allow for a community governance petition to be considered” if the terms of reference of the review are such that—

        (a) the area under review includes the whole of the petition area; and

        (b) the recommendations to be considered by the review include all of the petition’s specified recommendations.’.


Mr Andrew Dismore

250

Page 97, line 10 [Clause 141], leave out from ‘include’ to end of line 11 and insert ‘the principle that the conduct of a member or co-opted member in their private capacity is not covered by this Part of this Act except where it has resulted in a criminal conviction which is directly relevant to the performance of the official functions of the member or co-opted member’.

Mr Andrew Dismore

251

Page 97, line 14 [Clause 141], leave out from ‘apply’ to end of line 15 and insert ‘to the conduct of a member or co-opted member in their private capacity where that conduct has resulted in a criminal conviction which is directly relevant to the performance of the official functions of the member or co-opted member’.

Andrew Stunell
Dr John Pugh
Tom Brake

134

Page 97, line 15 [Clause 141], at end insert—

      ‘(4B) Such provisions shall include a right of a person who is member of a relevant body to speak and vote at any meeting of that body or of any delegated committee or sub-commitee to which he has been appointed in respect of the determination of any planning applications within the area which he represents on that body, not withstanding any disclosure he may have made about his predisposition in respect of that application.’.

Mr Andrew Dismore

252

Page 97, line 19 [Clause 141], leave out from ‘apply’ to end of line 20 and insert ‘to the conduct of a member or co-opted member in their private capacity where that conduct has resulted in a criminal conviction which is directly relevant to the performance of the official functions of the member or co-opted member’.


Secretary Ruth Kelly

61

Page 99, line 36 [Clause 143], leave out ‘section 57B’ and insert ‘sections 57B and 57BA’.


Secretary Ruth Kelly

62

Page 100, line 18 [Clause 143], at end insert—

    57BA Information to be given to subject of allegation

      (1) Subsections (2) to (4) apply where a person makes an allegation under section 57A to a standards committee.

      (2) The standards committee must take reasonable steps to give a written summary of the allegation to the person who is the subject of the allegation (“P”); but this is subject to regulations under subsection (7).

      (3) If the standards committee makes a decision under section 57A(2) that no action should be taken in respect of the allegation, it must take reasonable steps to give notice in writing to P of the decision and the reasons for the decision.

      (4) If the standards committee receives a request under section 57B in relation to the allegation, it must take reasonable steps to give notice in writing to P of the request.

      (5) The reference in subsection (3) to a decision under section 57A(2) includes a decision under section 57A(2) as applied by section 57B(4) or 58(3).

      (6) Subsections (2) to (4) are subject to any direction under section 57C.

      (7) The Secretary of State may by regulations—

        (a) provide that in circumstances prescribed by the regulations the duty in subsection (2) does not arise at the time the standards committee receives the allegation, and

        (b) make provision, in relation to cases where that duty has been prevented by the regulations from arising at that time, as to when it does arise.’.

Secretary Ruth Kelly

63

Page 100, line 23 [Clause 143], leave out ‘and 57B(4)’ and insert ‘, 57B(4) and 57BA(2) to (4)’.

Secretary Ruth Kelly

64

Page 100, line 35 [Clause 143], leave out ‘that date’ and insert ‘then’.

Secretary Ruth Kelly

65

Page 100, line 41 [Clause 143], leave out ‘that date’ and insert ‘then’.


Secretary Ruth Kelly

66

Page 101, line 39 [Clause 143], leave out ‘, to the person who made the allegation,’.

Secretary Ruth Kelly

67

Page 101, line 40 [Clause 143], at end insert ‘to—

        (a) the person who made the allegation, and

        (b) the person who was the subject of the allegation.’.


Secretary Ruth Kelly

68

Page 107, line 24 [Clause 152], after ‘57A’ insert ‘or 57BA’.

Secretary Ruth Kelly

69

Page 107, line 29 [Clause 152], leave out ‘“section”’ and insert ‘“64(2)”’.

Secretary Ruth Kelly

70

Page 107, line 31 [Clause 152], leave out ‘57A,”.’ and insert ‘57A, 60(2) or (3) or 64(2) or (4),”.’.

Secretary Ruth Kelly

71

Page 107, line 32 [Clause 152], leave out ‘(1)’.

Secretary Ruth Kelly

72

Page 107, line 32 [Clause 152], at end insert ‘in each of subsections (1) and (7),’.


Secretary Ruth Kelly

73

Page 115, line 18 [Clause 161], at end insert—

      ‘(1A) In Schedule 7 to the Environment Act 1995 (c. 25) (national park authorities), in paragraph 7(4) for “3” substitute “3A”.’.


Secretary Ruth Kelly

111

Page 119, line 10 [Clause 167], at end insert—

      ‘( ) In Part 3 of the Local Government Act 1974 (c. 7) (Commission for Local Administration in England)—

        (a) in section 25(1) (authorities subject to investigation), after paragraph (cc) insert—

        “(cd) an authority established for an area in England by an order under section 165 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”;

        (b) in section 26C(6) (referral of complaints by authorities) (inserted by section (Complaints and matters coming to Commissioners’ attention)), at the end insert—

        “(d) in relation to an authority established by an order under section 165 of the Local Government and Public Involvement in Health Act 2007, a person who may be a member of the authority in accordance with section 166 of that Act.”’.

Secretary Ruth Kelly

112

Page 119, line 10 [Clause 167], at end insert—

      ‘( ) In Schedule 2 to the Audit Commission Act 1998 (c. 18) (accounts subject to audit), in paragraph 1, after paragraph (m) insert—

      “(ma) an authority established for an area in England by an order under section 165 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.’.

Secretary Ruth Kelly

113

Page 119, line 20 [Clause 167], at end insert—

      ‘( ) In section 23(1) of the Local Government Act 2003 (c. 26) (definition of local authority), after paragraph (n) insert—

        “(na) an authority established for an area in England by an order under section 165 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.’.


Secretary Ruth Kelly

219

Page 135, line 20 [Clause 189], at end insert—

      ‘(1A) Any order made by the Electoral Commission under this Act must be made by statutory instrument’.

Secretary Ruth Kelly

114

Page 135, line 21 [Clause 189], after ‘168’ insert ‘, (Entities controlled etc by local authorities), (Definitions of certain terms for purposes of other enactments: Wales)’.

Secretary Ruth Kelly

115

Page 135, line 23 [Clause 189], leave out ‘under section 168,’ and insert ‘made by the Welsh Ministers under section 168, (Entities controlled etc by local authorities) or (Definitions of certain terms for purposes of other enactments: Wales),’.

Secretary Ruth Kelly

220

Page 135, line 30 [Clause 189], leave out ‘or 32’ and insert ‘, (Resolution for whole-council elections: requirements), (Resolution for elections by halves: requirements) or (Resolution for elections by thirds: requirements)’.

Secretary Ruth Kelly

221

Page 135, line 40 [Clause 189], after ‘only’, insert—

        ‘(a) an order made by the Electoral Commission, or’.


Secretary Ruth Kelly

116

Page 136, line 14 [Clause 189], leave out from ‘under’ to ‘may’ in line 15 and insert ‘this Act’.

Secretary Ruth Kelly

55

Page 136, line 23 [Clause 191], at end insert—

      ‘( ) The Secretary of State may pay to the Arts Council of England and the Museums, Libraries and Archives Council such sums as he may determine in respect of their expenses under or by virtue of this Act.’.

Secretary Ruth Kelly

117

Page 136, line 39 [Clause 193], leave out ‘and (3)’ and insert ‘to (4)’.


Secretary Ruth Kelly

118

Page 137, line 2 [Clause 193], leave out ‘or 167’ and insert ‘, 167 or 188’.

Secretary Ruth Kelly

119

Page 137, line 2 [Clause 193], after ‘Schedule 1,’ insert ‘(Elections: consequential amendments),’.

Secretary Ruth Kelly

120

Page 137, line 2 [Clause 193], after second ‘14’ insert ‘, 15’.

Secretary Ruth Kelly

121

Page 137, line 3 [Clause 193], at end insert—

      ‘(4) The repeal made by paragraph 1(2)(b) of Schedule (Consequential amendments relating to entities controlled etc by local authorities) and the entry in Part 13A of Schedule 15 relating to the Prevention of Corruption Act 1916 (c. 64) extends to England and Wales and to Scotland.’.

Secretary Ruth Kelly

222

Page 137, line 5 [Clause 194], leave out subsection (1) and insert—

      ‘(1) This section and sections 189, 191, 193 and 195 come into force on the day on which this Act is passed.’.

Secretary Ruth Kelly

223

Page 137, line 17 [Clause 194], leave out ‘so far as not brought into force by subsection (1)’.

Secretary Ruth Kelly

224

Page 137, line 18 [Clause 194], leave out ‘so far as not brought into force by subsection (1)’.

Secretary Ruth Kelly

56

Page 137, line 19 [Clause 194], leave out ‘except section 91’ and insert ‘(except section 91), Part 4A of Schedule 15 and section 190 so far as relating to that Part of that Schedule’.

Secretary Ruth Kelly

122

Page 137, line 22 [Clause 194], at end insert—

      ‘sections (Entities controlled etc by local authorities) to (Definition of certain terms for purposes of other enactments: Wales) and (consequential amendments)(3) and (4);’.

Secretary Ruth Kelly

225

Page 137, line 37 [Clause 194], leave out subsection (6).


New SChedules

Secretary Ruth Kelly

NS1

    * To move the following Schedule:—

‘Elections: consequential amendments

    Local Government and Housing Act 1989 (c. 42)

    1 (1) Section 9 of the Local Government and Housing Act 1989 (assistants for political groups) is amended as follows.

    (2) In subsection (11), in paragraph (a) of the definition of “appropriate year”, for “one in relation to which provision for whole council elections has been made by virtue of section 7(4)(a) or 26(2)(a) of the Local Government Act 1972” substitute “subject to whole council elections by virtue of Part 2 of the Local Government and Public Involvement in Health Act 2007”.’.


Secretary Ruth Kelly

NS2

    To move the following Schedule:—

‘The Commission for Local Administration in England: minor and consequential amendments

Part 1

Part 3 of Local Government Act 1974

1 Part 3 of the Local Government Act 1974 (c. 7) (Commission for Local Administration in England) is amended in accordance with this Part of this Schedule.

2 In section 23(12) (three-yearly reviews by the Commission), for “complaints” substitute “matters”.

    3 (1) Section 26 (matters subject to investigation) is amended as follows.

    (2) In subsection (6), for “person aggrieved” (in each place) substitute “person affected”.

    (3) In subsection (6A), for “any action taken in connection with the discharge by an authority” substitute “any action taken by or on behalf of an authority in the exercise”.

    (4) In subsection (7), in paragraphs (aa), (a) (in both places) and (ba), for “complaint” substitute “matter”.

    (5) Omit subsection (10) (Local Commissioners’ discretion to investigate matters etc).

    (6) In subsection (11)—

      (a) in paragraph (a), for “person aggrieved” substitute “person affected”;

      (b) omit paragraph (b).

    (7) Omit subsections (12) and (13) (restrictions on investigating matters arising before specified dates).

    4 (1) Section 28 (payments to complainants and persons assisting with investigations) is amended as follows.

    (2) In subsection (1)—

      (a) for “conduct an investigation pursuant to a complaint” substitute “investigate a matter under this Part of this Act”;

      (b) after “who is alleged in the complaint” insert “(if any), or who otherwise appears to the Local Commissioner,”;

      (c) for “the action complained of” substitute “the action which would be the subject of the investigation”;

      (d) for “any allegations contained in the complaint” substitute “the matter”.

    (3) In subsection (2), for “such investigation” substitute “investigation under this Part of this Act”.

    (4) In subsection (3)—

      (a) after “the complaint” insert “(if any)”;

      (b) omit the words following paragraph (b).

    (5) In subsection (4)—

      (a) after “the authority concerned” insert “or any other person”;

      (b) for “that authority” substitute “the authority concerned or any other person”.

    5 (1) Section 29 (further provisions about investigations) is amended as follows.

    (2) In subsection (6), omit “with the approval of the Minister for the Civil Service”.

    (3) In subsection (8), for “or any officer of the Commission assisting in the performance” substitute “or any person discharging or assisting in the discharge”.

    6 (1) Section 31A (consideration of adverse reports) is amended as follows.

    (2) For subsections (1) to (2A) substitute—

      “(1A) Where a further report of a Local Commissioner under section 31(2A) is considered by a person other than the appropriate listed authority and it is proposed that—

        (a) no action should be taken on the report, or

        (b) the action recommended in the report should not be taken,

      consideration of the report shall be referred to that authority.

      (1B) For the purposes of subsection (1A)—

        (a) “listed authority” means an authority mentioned in section 25(1) or specified in an order under subsection 25(2) (but does not include a person mentioned in section 25(4) to (5)), and

        (b) a listed authority is the appropriate listed authority in relation to a further report if the report relates to the authority (or to any person with which the authority is connected for the purposes of this Part of this Act by virtue of section 25(4) to (5)).

      (1C) Subsection (1A) has effect subject to subsection (3).”

    (3) In subsection (3)—

      (a) for “subsections (1) and (2)” substitute “subsection (1A)”;

      (b) in paragraph (a), for “the said section 101, or” substitute “section 101 of the Local Government Act 1972,”;

      (c) for paragraph (b) substitute—

        “(b) a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966, or

        (c) an admission appeal panel or exclusion appeal panel mentioned in section 25(5)(c) or (e),

      and the report is considered by that committee or panel.”

    (4) In subsection (5), for the words from the beginning to “shall vote” substitute “No individual shall decide or vote”.

    (5) Omit subsections (5A) and (6).

    (6) In subsection (7)—

      (a) omit “Where the authority concerned is the Greater London Authority,”;

      (b) for “the Authority” substitute “the Greater London Authority”;

      (c) for “the authority concerned (other than references to a member of the authority concerned)” substitute “an authority”.

    7 (1) Section 32 (law of defamation and disclosure of information) is amended as follows.

    (2) In subsection (1)(a), for “any officer of the Commission” substitute “any person discharging or assisting in the discharge of a function of a Local Commissioner”.

    (3) In subsection (1)(b)—

      (a) for “any officer of the Commission” substitute “any person discharging or assisting in the discharge of a function of a Local Commissioner”;

      (b) after “a complainant” insert “, or with the person affected in relation to a matter,”.

    (4) In subsection (1)(d), for “section 24” substitute “section 23A”.

    (5) After subsection (1)(e) insert—

        “(f) the publication of any matter by inclusion in a report, statement or summary published or supplied under section 31B.”

    (6) In subsection (2)—

      (a) for “any officer of the Commission” substitute “any person discharging or assisting in the discharge of a function of a Local Commissioner”;

      (b) in paragraph (a), for “report to be made under section 30 or 31” insert “report, statement or summary under section 30, 31 or 31B”;

      (c) in paragraph (b), for “an officer of the Commission” substitute “a person discharging or assisting in the discharge of a function of Local Commissioner”;

      (d) in the words following paragraph (c), for “the officers of the Commission” substitute “persons discharging or assisting in the discharge of a function of a Local Commissioner”.

    (7) In subsection (3)—

      (a) for “any of the authorities mentioned in section 25(1) above” substitute “any of the authorities to which this Part of this Act applies”;

      (b) for “any member of the staff of the Commission who is allocated to assist him” substitute “any person discharging or assisting in the discharge of a function of a Local Commissioner”.

    (8) After subsection (3A) (inserted by section 138) insert—

      “(3B) Section 25(4), (4A) and (5) do not apply for the purpose of subsection (3).”

    8 (1) Section 33 (consultation with other Commissioners etc) is amended as follows.

    (2) In subsection (1)—

      (a) for “the complaint relates partly to” substitute “the matters which are the subject of the investigation include”;

      (b) for “about the complaint and” substitute “about the matter and, where a complaint was made about the matter, he shall”.

    (3) In subsection (2)—

      (a) for “a complaint under this Part of this Act” substitute “a matter under investigation under this Part of this Act”;

      (b) for “any matter relating to the complaint” substitute “anything relating to the matter”;

      (c) in paragraph (a), for “complaint” substitute “matter”.

9 In section 34(1) (interpretation of Part)—

      (a) in the definition of “member”, omit paragraphs (b) and (c);

      (b) for the definition of “person aggrieved” substitute—

      ““person affected”—

      (c) in relation to a matter which is the subject of a complaint made or to be made under this Part of this Act, means the member of the public who claims or is alleged to have sustained injustice in consequence of the matter, and

      (d) in relation to a matter coming to the attention of a Local Commissioner to which section 26D applies, means the member of the public who the Local Commissioner considers has, or may have, sustained injustice in consequence of the matter;”.

    10 (1) Schedule 4 (the Commission) is amended as follows.

    (2) In paragraph 3 (remuneration etc of Commissioners and their officers)—

      (a) in sub-paragraph (1) omit “, with the approval of the Minister for the Civil Service,”;

      (b) in sub-paragraph (2) omit “, with the consent of the Minister for the Civil Service,”.

    (3) In paragraph 4—

      (a) in sub-paragraph (2), for “complaints” substitute “matters”;

      (b) omit sub-paragraph (5).

11 In Schedule 5 (matters not subject to investigation), in paragraphs 2, 6, 7 and 8, after “taken by” insert “or on behalf of”.

Part 2

Other minor and consequential amendments

    Local Government and Housing Act 1989 (c. 42)

    12 (1) The Local Government and Housing Act 1989 is amended as follows.

    (2) In section 5 (reports of monitoring officer), in subsection (2)(b), for “injustice” substitute “failure”.

    (3) In section 5A (reports of monitoring officer - local authorities operating executive arrangements), in subsection (3)(b), for “injustice” substitute “failure”.

    Greater London Authority Act 1999 (c. 29)

13 In section 73(6) of the Greater London Authority Act 1999 (monitoring officer), for “injustice” substitute “failure”.

    Local Government Act 2000 (c. 22)

    14 (1) The Local Government Act 2000 is amended as follows.

    (2) In section 62 (further provisions about investigations by ethical standards officers), in subsection (7)(b) for “by any members or officers of the Commission for Local Administration in England” substitute “obtained in connection with investigations under Part 3 of that Act (Commission for Local Administration in England)”.

    (3) In section 67(2) (consultation by Local Commissioners with ethical standards officers)—

      (a) for “the complaint relates” substitute “the matters which are the subject of the investigation relate”;

      (b) after “about the investigation and” insert “, where a complaint was made about the matter, he may”.

    Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

15 In section 114 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about social services), in subsection (5)(a) for “(and to be treated as if it had been duly made under section 26 of that Act)” substitute “(and for the complaint to be treated as satisfying sections 26A and 26B of that Act)”.’.


 
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Prepared: 17 May 2007