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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:— 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)— 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.” 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.” 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)— (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.” 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.” 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”. 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— ‘ 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
Secretary Ruth Kelly 124 Page 184, line 13 [Schedule 15], at end insert—
Secretary Ruth Kelly 59 Page 188, line 31 [Schedule 15], in column 2, at end insert—
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—
Secretary Ruth Kelly 126 Page 189, line 32 [Schedule 15], in column 2, after ‘Schedule 4’ insert—
Secretary Ruth Kelly 127 Page 189, line 32 [Schedule 15], at end insert—
Secretary Ruth Kelly 128 Page 189, line 34 [Schedule 15], at end insert—
Secretary Ruth Kelly 129 Page 189, line 38 [Schedule 15], in column 2, at end insert—
Philip Davies 264 Page 190 [Schedule 15], leave out lines 20 to 24 and insert—
Secretary Ruth Kelly 130 Page 190, line 24 [Schedule 15], at end insert— ‘Part 13A Entities controlled etc by local authorities
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. ORDER OF THE HOUSE [17TH MAY 2007] 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.
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| © Parliamentary copyright 2007 | Prepared: 22 May 2007 |