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

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Secretary Ruth Kelly

NS3

    To move the following Schedule:—

‘Consequential amendments relating to entities controlled etc by local authorities

    Prevention of Corruption Act 1916 (c. 64)

    1 (1) Section 4 of the Prevention of Corruption Act 1916 (interpretation etc) is amended as follows.

    (2) In subsection (2)—

      (a) after “United Kingdom)” insert “and any entity which is under the control of a local authority or jointly controlled by bodies that include a local authority”;

      (b) omit the words from “and companies” to “local authorities”.

    (3) After subsection (3) insert—

      “(4) For the purposes of subsection (2)—
        “an entity under the control of a local authority”, and
        “an entity jointly controlled by bodies that include a local     authority”,

      have the meanings given for the purposes of that subsection by order under section (Definition of certain terms for purposes of other enactments: England) of the Local Government and Public Involvement in Health Act 2007.”

    Local Government Act 1972 (c. 70)

    2 (1) Section 80 of the Local Government Act 1972 (disqualifications for election and holding office as member of local authority) is amended as follows.

    (2) In subsection (1), for paragraph (aa) substitute—

        “(aa) holds any employment in an entity which is under the control of the local authority; or”.

    (3) After subsection (3) insert—

      “(3A) In subsection (1)(aa) as it applies in relation to a local authority in England, the reference to an entity under the control of the local authority has the meaning given by order under section (Definition of certain terms for purposes of other enactments: England) of the Local Government and Public Involvement in Health Act 2007.

      (3B) In subsection (1)(aa) as it applies in relation to a local authority in Wales, that reference has the meaning given by order under section (Definition of certain terms for purposes of other enactments: Wales) of that Act.”

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

    3 (1) The Local Government, Planning and Land Act 1980 is amended as follows.

    (2) In section 98 (disposal of land at direction of Secretary of State)—

      (a) in subsection (8)(d)—

(i) for “bodies” substitute “authorities”; (ii) for the words from “a company” to the end substitute “an entity which is under the control of that body, subject to its influence or jointly controlled by it and one or more other bodies”;

      (b) in subsection (8A) for “bodies” substitute “authorities”.

    (3) In section 100 (interpretation etc of Part 10)—

      (a) in subsection (1)(a), for the words from “a company” to “interests)” substitute “an entity which is under the control of that body, subject to its influence or jointly controlled by it and one or more other bodies”;

      (b) after subsection (1) insert—

      “(1ZA) In relation to a body in England to whom this Part of this Act applies, references in this Part to—

        (a) an entity under the control of the body,

        (b) an entity subject to the influence of the body, and

        (c) an entity jointly controlled by the body and one or more other bodies,

      have the meanings given by order under section (Definition of certain terms for purposes of other enactments: England) of the Local Government and Public Involvement in Health Act 2007.

      (1ZB) In relation to a body in Wales to whom this Part of this Act applies, those references have the meanings given by order under section (Definition of certain terms for purposes of other enactments: Wales) of that Act.”

    Environment Act 1995 (c. 25)

    4 (1) Paragraph 7 of Schedule 7 to the Environment Act 1995 (National Park authorities) is amended as follows.

    (2) In sub-paragraph (2) for the words from “a company” to the end substitute “an entity which is under the control of that authority”.

    (3) After sub-paragraph (4) insert—

      “(4A) In sub-paragraph (2) as it applies in relation to a National Park authority in England, the reference to an entity under the control of the authority has the meaning given by order under section (Definition of certain terms for purposes of other enactments: England) of the Local Government and Public Involvement in Health Act 2007.

      (4B) In sub-paragraph (2) as it applies in relation to a National Park authority in Wales, that reference has the meaning given by order under section (Definition of certain terms for purposes of other enactments: Wales) of that Act.”

    Local Government Act 2003 (c. 26)

    5 (1) The Local Government Act 2003 is amended as follows.

    (2) In section 18 (local authority companies etc)—

      (a) in subsection (2), at the end of paragraph (a) insert “and”, and for paragraphs (b) and (c) substitute—

        “(b) an entity which is, or the trustees of a trust which is—

          (i) under the control of a local authority or Passenger Transport Executive,

          (ii) subject to the influence of such an authority or Executive, or

          (iii) jointly controlled by bodies that include such an authority or Executive.”

      (b) after subsection (2) insert—

      “(2A) The references in subsection (2)(b) to—

        (a) “an entity under the control of” and “a trust under the control of” a local authority or Passenger Transport Executive,

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

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

      have the meanings given by order under section (Definition of certain terms for purposes of other enactments: England) of the Local Government and Public Involvement in Health Act 2007.”

    (3) The provision in section 24 of that Act (Wales) is renumbered subsection (1) of that section, and after that provision there is inserted—

      “(2) In its application to Wales, section 18 has effect as if—

        (a) any reference to a Passenger Transport Executive were omitted, and

        (b) for the reference in subsection (2A) to section (Definition of certain terms for purposes of other enactments: England) of the Local Government and Public Involvement in Health Act 2007 there were substituted a reference to section (Definition of certain terms for purposes of other enactments: Wales) of that Act.”

    (4) In section 95 (power to trade in function-related activities through a company)—

      (a) in subsection (4) omit the words from “within” to the end;

      (b) for subsections (5) and (6) substitute—

      “(5) An order under section (Entities controlled etc by local authorities) of the Local Government and Public Involvement in Health Act 2007 (regulation of entities controlled etc by local authorities) may include provision applying any of the provisions of that order, with or without modifications—

        (a) to a company through which a relevant authority which is not a local authority for the purposes of that section exercises or proposes to exercise powers conferred by order under this section; or

        (b) to such a relevant authority, or members or officers of such a relevant authority, in relation to such a company.

      (6) Any requirement or prohibition imposed on or in relation to a company by virtue of subsection (5) must relate to the doing for a commercial purpose of the thing to which the order under this section relates.”;

      (c) in subsection (7), before the definition of “ordinary functions” insert—

      ““company” means—

      (a) a company within the meaning given by section 1(1) of the Companies Act 2006; or

      (b) a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969,”.

    (5) In subsection 96(5) (definition of “company”) for the words from “Part 5” to the end substitute “section 95”.

    (6) In section 100(2)(a) (exercise of powers by reference to authorities’ performance categories), for the words from “section 70” to the end substitute “section (Entities controlled etc by local authorities) of the Local Government and Public Involvement in Health Act 2007”.

    Public Audit (Wales) Act 2004 (c. 23)

    6 (1) Section 48 of the Public Audit (Wales) Act 2004 (permitted methods of publishing information) is amended as follows.

    (2) In subsection (3)(a) for “a local authority company” substitute “an entity under the control of a local authority”.

    (3) For subsections (5) and (6) substitute—

      “(5) In subsection (3) “an entity under the control of a local authority” has the meaning given for the purposes of that subsection by order under section (Definition of certain terms for purposes of other enactments: Wales) of the Local Government and Public Involvement in Health Act 2007.

      (6) But the Welsh Ministers may direct that an entity, or entities of a particular description, are to be treated as not being under the control of a local authority for the purposes of subsection (3).

      (7) A direction under subsection (6) may be given so as to apply—

        (a) for a period specified in the direction; or

        (b) subject to conditions so specified.

      (8) A direction under subsection (6) may be varied or revoked by a subsequent direction under that subsection.

      (9) In subsection (6) “entity” means any entity, whether or not a legal person.”’.


Secretary Ruth Kelly

57

Page 145 [Schedule 3], leave out lines 22 to 24 and insert—

    ‘(2) The executive arrangements may include provision specifying the number of members (including the elected leader) who are to be elected to the executive in accordance with section 11(3A) (the “specified membership”).

    (2A) The specified membership—

      (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)).

    (2B) If the specified membership is 4 or more, the executive arrangements may also include provision specifying the number of members of the executive that is to be the minimum effective membership for the purposes of section 41(2).

    (2C) The minimum effective membership that is specified—

      (a) must be the same as, or smaller than, the specified membership, but

      (b) must not be smaller than 3.

    (2D) The executive arrangements may include provision specifying—

      (a) the minimum number of members (including the elected leader) who are to be elected to the executive in accordance with section 11(3A) (the “specified minimum membership”), and

      (b) the maximum number of members (including the elected leader) who are to be elected to the executive in accordance with section 11(3A) (the “specified maximum membership”).

    (2E) The specified minimum membership must be 3 or more.

    (2F) The specified maximum membership must not be more than the maximum number of members of the elected executive (as determined under section 11(8) or regulations under section 11(9)).

    (2G) If the specified minimum membership is 4 or more, the executive arrangements may also include provision specifying the number of members of the executive that is to be the minimum effective membership for the purposes of section 41(2).

    (2H) The minimum effective membership that is specified—

      (a) must be the same as, or smaller than, the specified minimum membership, but

      (b) must not be smaller than 3.

    (2I) The executive arrangements may not include provision under sub-paragraph (2) and provision under sub-paragraph (2D).’.


Secretary Ruth Kelly

226

Page 146, line 34 [Schedule 4], column 2, leave out ‘2007’ and insert ‘2009’.


Secretary Ruth Kelly

74

Page 160, line 40 [Schedule 8], at end insert—

    Railways and Transport Safety Act 2003 (c. 20)

23A In section 54 of the Railways and Transport Safety Act 2003 (performance directions), for subsection (1) substitute—

      “(1) The Secretary of State may give a direction to the Authority—

        (a) specifying factors (“performance indicators”) by reference to which the Authority’s performance in exercising functions can be measured;

        (b) specifying standards (“performance standards”) to be met by the Authority in relation to performance indicators specified under paragraph (a).

      (1A) In specifying performance indicators and performance standards, and in deciding whether to do so, the Secretary of State shall aim to promote improvement of the way in which the functions of the Authority are exercised, having regard to a combination of economy, efficiency and effectiveness.

      (1B) A direction under subsection (1) may specify different performance indicators or performance standards—

        (a) for different functions;

        (b) to apply at different times.

      (1C) The Secretary of State may give a direction to the Authority requiring the Authority to—

        (a) specify performance indicators in relation to functions;

        (b) set targets for the performance of functions (“performance targets”) by reference to performance indicators specified under paragraph (a) or subsection (1)(a);

        (c) set a plan of action to be taken for the purposes of meeting a performance target.”.’


Secretary Ruth Kelly

227

Page 183, line 38 [Schedule 15], column 2, leave out ‘8(2)(c)’ and insert ‘8(2) and (3)’.


Secretary Ruth Kelly

58

Page 184, line 8 [Schedule 15], at end insert—

‘Part 4A

Community strategies

Short title and chapter Extent of repeal
Local Government Act 2000 (c.22) Section 6(5) and (6).
Section 7(2) and (6).’.

Secretary Ruth Kelly

124

Page 184, line 13 [Schedule 15], at end insert—

‘National Health Service (Consequential Provisions) Act 2006 (c. 43) In Schedule 1, paragraph 206.’.

Secretary Ruth Kelly

59

Page 188, line 31 [Schedule 15], in column 2, at end insert—

‘In section 40(1), the words “(other than registered social landlords in Wales)”.
Section 41A(1A).’.

Secretary Ruth Kelly

60

Page 189, line 6 [Schedule 15], in column 2, leave out ‘paragraph 31(a)’ and insert ‘paragraphs 27(2)(b), 29(2) and 31’.

Secretary Ruth Kelly

125

Page 189, line 31 [Schedule 15], in column 2, at end insert—

‘In section 25— (a) in subsection (4A), paragraphs (b) and (c); (b) subsection (4B).
In section 26— (a) subsections (2) to (4); (b) subsection (10); (c) subsection (11)(b) (together with the “and” immediately preceding it); (d) subsections (12) and (13).
Section 27(2).
In section 28(3), the words following paragraph (b).
In section 29(6), the words “with the approval of the Minister for the Civil Service”.
In section 31A— (a) subsection (5A); (b) subsection (6); (c) in subsection (7), the words “Where the authority concerned is the Greater London Authority,”.
In section 34(1), in the definition of “member”, paragraphs (b) and (c).’.

Secretary Ruth Kelly

126

Page 189, line 32 [Schedule 15], in column 2, after ‘Schedule 4’ insert—

 ‘(a) in paragraph 1(1)(b), the words “or is a     member (by co-option) of a committee of     any of those authorities”;     (b) in paragraph 3(1), the words “, with the       approval of the Minister for the Civil       Service,”;     (c) in sub-paragraph 3(2), the words “, with the      consent of the Minister for the Civil      Service,”;    (d) ’.

Secretary Ruth Kelly

127

Page 189, line 32 [Schedule 15], at end insert—

‘Local Government Act 1988 (c. 9) In Schedule 3, paragraph 5(2), (3), (6) and (7).’

Secretary Ruth Kelly

128

Page 189, line 34 [Schedule 15], at end insert—

‘Environment Act 1995 (c. 25) In Schedule 7, paragraph 18(3).
Greater London Authority Act 1999 (c. 29) In Schedule 18, paragraph 16(3).’

Secretary Ruth Kelly

129

Page 189, line 38 [Schedule 15], in column 2, at end insert—

‘(  ) paragraph 13(2), (3) and (4);’.

Secretary Ruth Kelly

130

Page 190, line 24 [Schedule 15], at end insert—

‘Part 13A

Entities controlled etc by local authorities

Short title and chapter Extent of repeal
Prevention of Corruption Act 1916 (c. 64) In section 4(2), the words from “and companies” to “local authorities”.
Local Government and Housing Act 1989 (c. 42) Part 5.
Local Government Act 2003 (c. 26) In section 95(4), the words from “within” to the end.’.

ORDER OF THE HOUSE [22ND JANUARY 2007]

       The following provisions shall apply to the Local Government and Public Involvement in Health Bill:

Committal

        1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

        2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 8th March 2007.

        3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


LOCAL GOVERNMENT AND PUBLIC INVOLVEMENT IN HEALTH BILL (PROGRAMME) (NO. 2)

Secretary Ruth Kelly

       That the Order of 22nd January 2007 (Local Government and Public Involvement in Health (Programme)) be varied as follows:

        1. Paragraphs 4 and 5 of the Order shall be omitted.

        2. Proceedings on consideration and Third Reading shall be completed in two days.

        3. Proceedings on consideration shall be taken on each of those days as shown in the first column of the Table and in the order so shown.

        4. Each part of those proceedings shall (so far as not previously concluded) be brought to a conclusion at the time specified in relation to it in the second column of the Table.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the second day.

TABLE
First Day
Proceedings Time for conclusion of proceedings
New clauses relating to the reduction of regulatory burdens, the National Partnership Scheme, and the repeal of section 99 of the Local Government Act 2003; new The moment of interruption.
Clauses and amendments relating to Chapter 1 of Part 5; new Clauses and amendments relating to Part 13; new Clauses and amendments relating to Chapter 2 of Part 5; new Clauses and amendments relating to Part 8; new Clauses and amendments relating to Part 1; new Clauses and amendments relating to Part 9.
Second Day
Proceedings Time for conclusion of proceedings
Remaining proceedings on consideration. One hour before the moment of interruption.
NOTICE WITHDRAWN The following Notice has been withdrawn:

Secretary Ruth Kelly

210

Page 20, line 14 [Clause 36], leave out from ‘recommendations)’ to end of line 16 and insert ‘—

        (a) for subsection (5)(d) substitute—

        “(d) in the case of a district council subject to a scheme for elections by halves or elections by thirds, the desirability of securing that an appropriate number of councillors is elected in each ward at each ordinary election of councillors.”;

        (b) after subsection (5) insert—

      “(5A) For the purposes of this section—

        (a) 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;

        (b) 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;

        (c) the number of councillors elected in a ward at an ordinary election of councillors is “appropriate”—

          (i) in the case of a council subject to a scheme for elections by halves, if it is divisible by 2, and

          (ii) in the case of a council subject to a scheme for elections by thirds, if it is divisible by 3.”’.


 
 
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Prepared: 17 May 2007