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Tuesday 22nd May 2007 Consideration of Bill New Amendments handed in are marked thus * Local Government and Public Involvement Note The Amendments have been arranged in accordance with the Local Government and Public Involvement in Health Bill (Programme) (No. 2) Motion [17th May]. 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”.’. 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 (b) define for the purposes of section 80(1)(aa) of the
(c) define, for the purposes of sections 98(8)(d) and 100(1)(a)
of the (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 (e) define for the purposes of section 18(2)(b) of the (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 the the the 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.’. |
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