House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

283

House of Commons

Tuesday 22nd May 2007

Report Stage Proceedings

Local Government and Public Involvement

in Health Bill, As Amended

[second day]

remaining proceedings on consideration

Orders under Part 1 of Local Government Act 2000: Wales

Secretary Ruth Kelly

Added  NC1

To move the following Clause:—

‘(1)
Part 1 of the Local Government Act 2000 (c. 22) (promotion of economic, social

or environmental well-being etc) is amended as follows.

(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.

(4A)
In exercising the power under subsection (1), the Secretary of State—

(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).

Report Stage Proceedings: 22nd May 2007
284

Local Government and Public Involvement, continued

(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—

“(8)
An order under this section may not make a provision which, if it were a

provision of a Measure of the National Assembly for Wales, would be

outside the Assembly’s legislative competence.

(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.

(10)
Subject to subsection (11), a statutory instrument which contains an order

under this section is not to be made unless a draft of the instrument has

been laid before and approved by a resolution of the National Assembly

for Wales.

(11)
A statutory instrument containing an order under this section which is

made only for the purpose of amending an earlier such order—

(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

Added  NC4

To move the following Clause:—

‘In the Local Government Act 1992 (c. 19), after section 14 insert—

Report Stage Proceedings: 22nd May 2007
285

Local Government and Public Involvement, continued

“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

Report Stage Proceedings: 22nd May 2007
286

Local Government and Public Involvement, continued

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

Added  NC5

To move the following Clause:—

‘(1)
The Local Government Act 1992 (c. 19) is amended as follows.

(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

Added  NC6

To move the following Clause:—

‘Schedule (Elections: consequential amendments) has effect.’.

Entities controlled etc by local authorities

Secretary Ruth Kelly

Added  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;

Report Stage Proceedings: 22nd May 2007
287

Local Government and Public Involvement, continued

(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 Audit Commission Act

1998 (c. 18) or section 13 of the Public Audit (Wales) Act 2004 (c. 23);

“local authority” means any body which—

(a)
is a local authority for the purposes of section 21 of the Local

Government Act 2003 (c. 26) (see subsection (6) of that section

and section 23 of that Act); and

(b)
is required to prepare statements of accounts by regulations

made under section 27 of the Audit Commission Act 1998 (c. 18)

or section 39 of the Public Audit (Wales) Act 2004 (c. 23);

“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.’.

Report Stage Proceedings: 22nd May 2007
288

Local Government and Public Involvement, continued

Trusts

Secretary Ruth Kelly

Added  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

Added  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.

Report Stage Proceedings: 22nd May 2007
289

Local Government and Public Involvement, continued

(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

Added  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