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

back to previous text

Andrew Stunell
Tom Brake
Dr John Pugh

265

Page 22, line 16 [Clause 39], at end insert—

      ‘(1A) An order under subsection (1) must be made at least a year before it is due to take effect.’.


Andrew Stunell
Dr John Pugh
Tom Brake

133

Page 23, line 32 [Clause 40], leave out ‘specified in subsections (2) to (5)’.


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

141

Page 24, line 14 [Clause 40], leave out subsection (6).


Andrew Stunell
Dr John Pugh
Tom Brake

135

Page 25, line 31 [Clause 42], at end insert—

    33ZA  Changing governance arrangements

      (1) Any local authority in England may submit a scheme of internal governance appropriate to its circumstances, which shall stand deferred until the next ordinary day of election and may not take effect until the day after that day.

      (2) Where no recognised group has overall control, it shall be competent for the council to implement other arrangements as it may determine.’.


Andrew Stunell
Dr John Pugh
Tom Brake

136

Page 26 [Clause 42], leave out lines 4 to 10 and insert—

‘A local authority in England which is operating alternative arrangements may—’.

Andrew Stunell
Dr John Pugh
Tom Brake

137

Page 26 [Clause 42], leave out lines 13 to 18.

Andrew Stunell
Dr John Pugh
Tom Brake

138

Page 26 [Clause 42], leave out lines 23 to 25.

Andrew Stunell
Dr John Pugh
Tom Brake

139

Page 26, line 28 [Clause 42], leave out from ‘arrangements’ to end of line 29.


Secretary Ruth Kelly

12

Page 27, line 40 [Clause 42], leave out ‘members or’.

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

142

Page 27 [Clause 42], leave out line 44.


Andrew Stunell
Dr John Pugh
Tom Brake

140

Page 28, line 9 [Clause 42], leave out ‘33A’ and insert ‘33ZA’.

Secretary Ruth Kelly

213

Page 28, line 35 [Clause 42], leave out ‘2007’ and insert ‘2008’.


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

143

Page 29, line 19 [Clause 42], leave out ‘or elected executive’.

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

144

Page 29 [Clause 42], leave out line 23.

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

145

Page 29 [Clause 42], leave out from beginning of line 44 to end of line 2 on page 30.


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

146

Page 30, line 3 [Clause 42], leave out ‘or elected’.

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

147

Page 30, line 7 [Clause 42], leave out from ‘executive’ to end of line 8.

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

148

Page 30, line 11 [Clause 42], leave out from ‘mayor’ to end of line 12.

Secretary Ruth Kelly

214

Page 30 [Clause 42], leave out lines 15 to 28.

Secretary Ruth Kelly

215

Page 30, line 35 [Clause 42], leave out ‘2008’ and insert ‘2009’.


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

149

Page 31 [Clause 42], leave out line 19.

Secretary Ruth Kelly

216

Page 31, line 31 [Clause 42], column 2, leave out ‘2007’ and insert ‘2009’.

Secretary Ruth Kelly

217

Page 31, line 32 [Clause 42], column 2, leave out ‘2011’ and insert ‘2013’.


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

150

Page 32, line 22 [Clause 43], leave out ‘an elected executive,’.

Secretary Ruth Kelly

13

Page 32, line 32 [Clause 44], after ‘authority’ insert ‘in England’.

Secretary Ruth Kelly

14

Page 32, line 35 [Clause 44], after ‘mayor’ insert ‘of a local authority’.


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

151

Page 33, line 1, leave out Clause 45.

Secretary Ruth Kelly

15

Page 33 [Clause 45], leave out lines 29 and 30 and insert—

      ‘(4) The number of persons included in a proposed executive must comply with the requirements in the second column of the following table that apply to the local authority.

      The requirements that apply to the local authority are those in the row that sets out the kind of executive arrangements operated by the local authority.

Kind of executive arrangements Requirements
The local authority’s executive arrangements include provision under paragraph 2A(2) of Schedule 1 (specified membership of executive). The number of persons included in a proposed executive must be the same as the specified membership.
The local authority’s executive arrangements include provision under paragraph 2A(2D) of Schedule 1 (specified minimum and maximum membership of executive). The number of persons included in a proposed executive— (a) must be the same as, or greater than, the specified minimum membership, but (b) must not be greater than the specified maximum membership.
The local authority’s executive arrangements do not include provision under paragraph 2A(2) or (2D) of Schedule 1. The number of persons included in a proposed executive— (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)).’.

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

152

Page 34, line 17 [Clause 46], leave out from ‘mayor’ to end of line 18.

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

153

Page 34 [Clause 47], leave out line 29.

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

154

Page 34, line 30 [Clause 47], leave out ‘other’.

Secretary Ruth Kelly

16

Page 34 [Clause 48], leave out lines 32 and 33 and insert—

      ‘(1) Section 41 of the Local Government Act 2000 (regulations about time of elections etc) is amended as follows.

      (2) The provision of section 41 becomes subsection (1) of that section.

      (3) In subsection (1)—’.

Secretary Ruth Kelly

17

Page 34, line 39 [Clause 48], at end insert—

      ‘(4) After subsection (1) insert—

      “(2) Regulations under this section may not provide for an elected executive by-election to be held if the number of remaining members of the executive is the same as, or greater than, the minimum effective membership.

      (3) But subsection (2) does not prevent the regulations from providing that, in those circumstances, an elected executive by-election may be held at the direction of the elected leader of the executive.

      (4) In this section—

      “elected executive by-election” means—

      (a) an election to fill a vacancy in the membership of an elected executive, or

      (b) an election of a new elected executive because of vacancies in the membership of the current executive;

      but it does not include any election to be held because of a vacancy in the office of elected leader;

      “minimum effective membership” means, in relation to a local authority—

      (a) 3 members of the authority’s executive, or

      (b) if the authority’s executive arrangements include provision under paragraph 2A(2B) or (2G) of Schedule 1, the number of members of the authority’s executive specified in that provision.’.


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

155

Page 35, line 2 [Clause 49], leave out subsection (1).


Philip Davies

259

Page 38, line 1, leave out Clause 51.

Secretary Ruth Kelly

18

Page 38, line 25 [Clause 52], leave out ‘members or’.

Secretary Ruth Kelly

218

Page 38, line 34 [Clause 52], column 2, leave out ‘2008’ and insert ‘2010’.


Secretary Ruth Kelly

90

Page 43, line 25 [Clause 56], leave out subsection (4) and insert—

      ‘(4) In exercising a function under or by virtue of this section a parish council must have regard to any guidance issued by the Secretary of State about the exercise of that function.’.

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

164

Page 43, line 37 [Clause 57], leave out ‘an eligible’ and insert ‘a’.


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

165

Page 44, line 1 [Clause 57], leave out subsection (4).

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

166

Page 44, line 8 [Clause 58], leave out ‘an eligible’ and insert ‘a’.

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

167

Page 44, line 13 [Clause 58], leave out ‘an eligible’ and insert ‘a’.

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

168

Page 44, line 14 [Clause 58], leave out ‘an eligible’ and insert ‘a’.

Secretary Ruth Kelly

228

Page 44, line 24 [Clause 59], leave out subsections (1) and (2).


Secretary Ruth Kelly

229

Page 45, line 1 [Clause 59], after ‘review’, insert ‘(including any modification of those terms)’.

Secretary Ruth Kelly

230

Page 45, line 20 [Clause 60], leave out ‘proposed recommendations’ and insert ‘recommendations which the petitioners wish a community governance review to consider making’.

Secretary Ruth Kelly

231

Page 45, line 27 [Clause 60], leave out subsection (7).

Secretary Ruth Kelly

232

Page 45, line 43 [Clause 60], leave out subsection (10).


Secretary Ruth Kelly

233

Page 46, line 7, leave out Clause 61.

Secretary Ruth Kelly

91

Page 46, line 22 [Clause 62], leave out ‘authority’ and insert ‘council’.

Secretary Ruth Kelly

234

Page 46, line 32 [Clause 62], at end insert—

        ‘(aa) Part 1 of this Act,’.

Secretary Ruth Kelly

235

Page 46, line 33 [Clause 62], leave out ‘or 26’.


Secretary Ruth Kelly

236

Page 48, line 15 [Clause 66], after ‘recommendations’, insert ‘as’.

Secretary Ruth Kelly

237

Page 48, line 32 [Clause 68], at end insert—

      ‘(2A) The Electoral Commission may by order give effect to recommendations made under subsection (2).

      (2B) The Electoral Commission must notify each relevant principal council of whether or not the Commission have given effect to recommendations made under subsection (2).

      (2C) If the Electoral Commission have given effect to the recommendations, they must also send each relevant principal council two copies of the order under this section.’.

Secretary Ruth Kelly

238

Page 48, line 38 [Clause 68], at end insert—

      ‘“relevant principal council”, in relation to recommendations under subsection (2), means—

      (e) the principal council that made the recommendations, and

      (f) if the recommendations are made by a district council for an area for which there is a county council, the county council.’.


Secretary Ruth Kelly

239

Page 49, line 16 [Clause 69], leave out ‘arrangements (other than’ and insert ‘other arrangements (apart from’.

Secretary Ruth Kelly

240

Page 49, line 25 [Clause 69], leave out from ‘with’ to end of line 30 and insert ‘the day on which the council begins the review.’


Secretary Ruth Kelly

241

Page 51, line 8 [Clause 72], at end insert—

      ‘(2A) The steps taken under subsection (2) must include publication of a notice setting out the matters referred to in subsection (2)(a) and (b).’.


Secretary Ruth Kelly

242

Page 52, line 24 [Clause 74], at end insert—

      ‘(7) An order under section 68 may include such incidental, consequential, transitional or supplementary provision as may appear to the Electoral Commission to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.’.


Secretary Ruth Kelly

19

Page 53, line 8 [Clause 75], leave out ‘Chapter 1 of Part 1 (see section 23)’ and insert ‘section 16’.

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
Dr Evan Harris
Ms Karen Buck

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
Dr Evan Harris
Ms Karen Buck

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
Dr Evan Harris
Ms Karen Buck

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’.


Philip Davies

260

Page 99, line 2, leave out Clauses 143 and 144.

 
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Prepared: 22 May 2007