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Local Government and Public Involvement in Health Bill, As Amended - continued | House of Commons |
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Power of Electoral Commission to make incidental etc provision Secretary Ruth Kelly NC52 To move the following Clause:— ‘The Commission may by order make incidental, consequential, transitional or supplemental provision in connection with provision made by order under section (Electoral Commission to make order for new electoral scheme) (order for elections by halves or for elections by thirds).’. Position if Electoral Commission acts under existing powers Secretary Ruth Kelly NC53 To move the following Clause:— ‘In a case in which— (a) the Commission give the Boundary Committee a direction to conduct an electoral review (see section (Electoral Commission to consider whether electoral review is necessary)(2)), and (b) in response to that request the Boundary Committee make recommendations to the Commission for electoral changes, nothing in this Part requires the Commission to make any
provision in relation to matters dealt with, or to be dealt with, by
the Commission in an order under section 17 of the Publicity for order by Electoral Commission Secretary Ruth Kelly NC54 To move the following Clause:— ‘(1) A council must comply with this section as soon as practicable after the Electoral Commission have made an order under section (Electoral Commission to make order for new electoral scheme) (order for elections by halves or for elections by thirds) in relation to it. (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 become subject to the new electoral scheme; (b) how the explanatory document is available in accordance with subsection (3); (c) 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.’. Power of council to alter years of ordinary elections of parish councillors Secretary Ruth Kelly NC55 To move the following Clause:— ‘(1) This section applies if a council passes a resolution under this Part. (2) The council may by order make provision that changes the years in which the ordinary elections of parish councillors for any parish situated in the council’s area are to be held. (3) The power may only be exercised so as to secure that those elections are to be held in years in which ordinary elections of district councillors for a ward in which any part of the parish is situated are to be held. (4) The order may include transitional provision— (a) for the retirement of existing parish councillors at times different from those otherwise applying; (b) for the retirement of some parish councillors after their initial election after the order comes into force at times different from those otherwise applying.’. Terms of reference of review Secretary Ruth Kelly NC56 To move the following Clause:— ‘(1) The terms of reference of a community governance review are the terms on which the review is to be undertaken. (2) The terms of reference of a community governance review must specify the area under review. (3) Sections (No review being undertaken: duty to respond to petition) and (Review being undertaken: duty to respond to petition) make further provision about the terms of reference of community governance reviews. (4) Subject to subsection (2), and sections (No review being undertaken: duty to respond to petition) and (Review being undertaken: duty to respond to petition), it is for a principal council— (a) to decide the terms of reference of any community governance review which the council is to undertake; and (b) to decide what modifications (if any) to make to terms of reference. (5) As soon as practicable after deciding terms of reference, the principal council must publish the terms. (6) As soon as practicable after modifying terms of reference, the principal council must publish the modified terms.’. Council’s power to undertake review Secretary Ruth Kelly NC57 To move the following Clause:— ‘A principal council may undertake a community governance review.’. No review being undertaken: duty to respond to petition Secretary Ruth Kelly NC58 To move the following Clause:— ‘(1) This section applies if these conditions are met— (a) a principal council receives a community governance petition which relates to the whole or part of a principal council’s area; (b) at the time the petition is received, the council is not in the course of undertaking a community governance review. (2) The principal council must undertake a community governance review that has terms of reference that allow for the petition to be considered. (3) But the duty in subsection (2) does not apply if— (a) the principal council has concluded a previous community governance review within the relevant two-year period, and (b) in the council’s opinion the petition area covers the whole or a significant part of the area to which the previous review related. For further provision about this case, see section (Power to respond to petition).’. Review being undertaken: duty to respond to petition Secretary Ruth Kelly NC59 To move the following Clause:— ‘(1) This section applies if the following conditions are met— (a) a principal council receives a community governance petition which relates to the whole or part of a principal council’s area; (b) at the time the petition is received, the council is in the course of undertaking a community governance review (“the current review”); (c) the petition area is wholly outside the area under review. (2) The principal council must follow one of the options in subsection (4), (5) or (6). (3) But the duty in subsection (2) does not apply if— (a) the principal council has concluded a previous community governance review within the relevant two-year period, and (b) in the council’s opinion the petition area covers the whole or a significant part of the area to which the previous review related. For further provision about this case, see section (Power to respond to petition). (4) The first option mentioned in subsection (2) is for the principal council to modify the terms of reference of the current review so that they allow for the petition to be considered. (5) The second option is for the principal council to undertake a community governance review that— (a) is separate from the current review, and (b) has terms of reference that allow for the petition to be considered. (6) The third option is for the principal council to— (a) modify the terms of reference of the current review, (b) undertake a community governance review that is separate from the current review (“the new review”), and (c) secure that (when taken together)— (i) the terms of reference of the current review (as modified), and (ii) the terms of reference of the new review, allow for the petition to be considered.’. Power to respond to petition Secretary Ruth Kelly NC60 To move the following Clause:— ‘(1) In any of the following cases where a principal council receive a community governance petition, it is for the council to decide what action (if any) to take under section (Council’s power to undertake review) (power to undertake review) or (Terms of reference of review)(4)(b) (power to modify terms of review) in response to that petition. (2) The first case is where— (a) section (No review being undertaken: duty to respond to petition) applies (no review being undertaken when petition received), but (b) the duty in section (No review being undertaken: duty to respond to petition)(2) does not apply because of section (No review being undertaken: duty to respond to petition)(3) (no duty to respond to petition because previous review concluded in relevant two-year period). (3) The second case is where— (a) section (Review being undertaken: duty to respond to petition) applies (review being undertaken when petition received: petition area wholly outside area under review), but (b) the duty in section (Review being undertaken: duty to respond to petition)(2) does not apply because of section (Review being undertaken: duty to respond to petition)(3) (no duty to respond to petition because previous review concluded in relevant two-year period). (4) The third case is where these conditions are met— (a) a principal council receives a community governance petition which relates to the whole or part of a principal council’s area; (b) at the time the petition is received, the council is in the course of undertaking a community governance review; (c) the petition area is wholly or partly inside the area under review.’. Electoral Commission and Boundary Committee: reviews and recommendations Secretary Ruth Kelly NC62 To move the following Clause:— ‘(1) Section 13 of the (2) For subsection (5)(d) substitute— “(d) in the case of a district council that is subject to a scheme for elections by halves or by thirds, or that has resolved to revert to being subject to such a scheme under Part 2 of the Local Government and Public Involvement in Health Act 2007, the desirability of securing that an appropriate number of councillors is elected in each ward at each ordinary election of councillors.” (3) 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 scheme for elections by halves, if it is divisible by 2, and (ii) in the case of a scheme for elections by thirds, if it is divisible by 3.”’. Amendment of Licensing Act 2003 Mrs Caroline Spelman
NC31 To move the following Clause:— ‘(1) The Licensing Act 2003 shall be amended as follows. (2) In section 9(1) (proceedings of licensing committee) for the final “committee” substitute “authority”. (3) In section 13(3) (interested parties) after paragraph (d) insert— “(e) a parish council, community council or parish meeting in whose area the premises are situated, (f) a member of a county council, district council, a London borough council or a county borough council for the ward or division in which the premises are situated or whose ward or division is within 1 kilometre of the premises, (g) a member of a parish council or community council for the area in which the premises are situated, (h) the Member of Parliament and (in Wales) the Member of the National Assembly for Wales in whose constituency the premises are situated.” (4) In section 69(3) (interested parties) after paragraph (d)insert— “(e) a parish council, community council or parish meeting in whose area the premises are situated, (f) a member of a county council, district council, a London borough council or a county borough council for the ward or division in which the premises are situated or whose ward or division is within 1 kilometre of the premises, (g) a member of a parish council or community council for the area in which the premises are situated, (h) the Member of Parliament and (in Wales) the Member of the National Assembly for Wales in whose constituency the premises are situated.”.’. Transfer of functions Mrs Caroline Spelman
NC33 To move the following Clause:— ‘The Secretary of State shall by order designate the following functions for transfer from any regional or statutory bodies to relevant local authorities— (a) housing, (b) planning, (c) transport, (d) learning and skills.’. Executive arrangements: move to alternative arrangements Mrs Caroline Spelman
NC34 To move the following Clause:— ‘(1) The Local Government Act 2000 (c.22) as amended as follows. (2) For section 33(5) substitute— “(5) The Secretary of State may by regulations make provision for or in connection with enabling a local authority which is operating executive arrangements to operate alternative arrangements in place of the executive arrangements.”.’. Parish councils: power to issue guarantees Mr David Heath NC63 To move the following Clause:— ‘(1) A parish council may make and issue a guarantee for a sum, incidental to its support for an activity which is within its powers under this or any other Act. (2) A guarantee under subsection (1) may be made— (a) in respect of membership of a company incorporated under the Companies Act; (b) in respect of membership of an association of local authorities; or (c) to a voluntary organisation operating in its area. (3) In exercising the power to make a guarantee under subsection (1), the council must have regard for any limit on the maximum sum that may be guaranteed that the Secretary of State may by order prescribe.’. Abolition of Standards Board for England, repeal of provisions relating to investigations etc. (Wales) and abolition of Adjudication Panels etc. Philip Davies NC64 To move the following Clause:— ‘(1) Part 3 of the Local Government Act 2000 (c. 22) (conduct of local government members and employees) is amended as follows. (2) Omit sections 57 to 80. (3) Omit Schedule 4.’. 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
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.’. |
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| © Parliamentary copyright 2007 | Prepared: 22 May 2007 |