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Local Government and Public Involvement in Health Bill, As Amended - continued | House of Commons |
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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
(b) 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; (c) define for the purposes of paragraph 7(2) of Schedule
7 to the (d) 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 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 (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 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 (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 (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 (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.’. Order for elections by halves: years in which elections are to be held Secretary Ruth Kelly NC47 To move the following Clause:— ‘(1) An order for elections by halves in relation to a council must secure that the ordinary elections of councillors of the council are held in years determined in accordance with this section. (2) Ordinary elections of the councillors of the council are to be held in— (a) the first relevant year after the year in which the Electoral Commission makes the order, and (b) each subsequent year for elections by halves. (3) In this section— “relevant year” means 2011 and every fourth year afterwards; “year for elections by halves” means 2012 and every second year afterwards.’. Order for elections by halves: councillors to be elected at ordinary elections Secretary Ruth Kelly NC48 To move the following Clause:— ‘(1) An order for elections by halves in relation to a council must make provision for the election and retirement of councillors in accordance with this section. (2) In the case of the ordinary elections held in the year determined in accordance with section (Order for elections by halves: years in which elections are to be held)(2)(a)— (a) all of the councillors are to be elected; (b) on the fourth day after the elections are held— (i) the councillors elected in those elections are to come into office, and (ii) all of the sitting councillors are to retire. (3) In the case of ordinary elections held subsequently— (a) one half (or as nearly as may be) of the councillors are to be elected; (b) on the fourth day after the elections are held— (i) the councillors elected in those elections are to come into office, and (ii) the specified sitting councillors are to retire. (4) The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying— (a) the wards affected; (b) the councillors affected within particular wards. (5) In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.’. Order for elections by thirds: years in which elections are to be held Secretary Ruth Kelly NC49 To move the following Clause:— ‘(1) An order for elections by thirds in relation to a council must secure that the ordinary elections of councillors of the council are held in years determined in accordance with this section. (2) Ordinary elections of the councillors of the council are to be held in— (a) the first relevant year after the year in which the Electoral Commission makes the order, and (b) each subsequent year, unless it is a fallow year. (3) In this section— “fallow year” means 2013 and every fourth year afterwards; “relevant year” means— (c) in relation to a metropolitan district council: 2014 and every fourth year afterwards; (d) in relation to a non-metropolitan district council: 2011 and every fourth year afterwards.’ Order for elections by thirds: councillors to be elected at ordinary elections Secretary Ruth Kelly NC50 To move the following Clause:— ‘(1) An order for elections by thirds in relation to a council must make provision for the election and retirement of councillors in accordance with this section. (2) In the case of the ordinary elections held in the year determined in accordance with section (Order for elections by thirds: years in which elections are to be held)(2)(a)— (a) all of the councillors are to be elected; (b) on the fourth day after the elections are held— (i) the councillors elected in those elections are to come into office, and (ii) all of the sitting councillors are to retire. (3) In the case of ordinary elections held subsequently— (a) one third (or as nearly as may be) of the councillors are to be elected; (b) on the fourth day after the elections are held— (i) the councillors elected in those elections are to come into office, and (ii) the specified sitting councillors are to retire. (4) The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying— (a) the wards affected; (b) the councillors affected within particular wards. (5) In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.’. Order for elections by halves or elections by thirds: transitional provision Secretary Ruth Kelly NC51 To move the following Clause:— ‘(1) An order under section (Electoral Commission to make order for new electoral scheme) (order for elections by halves or for elections by thirds) may include provision about the transition to the council’s new electoral scheme. (2) Provision made by virtue of this section may, in particular, include provision for the retirement of some councillors after their initial election at times different from those otherwise applying, and for identifying which of them are so to retire.’. |
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