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| Local Government and Public Involvement
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| in Health Bill, As Amended
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| remaining proceedings on consideration |
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| | Orders under Part 1 of Local Government Act 2000: Wales |
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| To move the following Clause:— |
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| | ‘(1) | Part 1 of the Local Government Act 2000 (c. 22) (promotion of economic, social |
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| | or environmental well-being etc) is amended as follows. |
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| | (2) | In section 3(7) (limits on power to promote well-being) and section 4(5) |
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| | (strategies for promoting well-being), for “the National Assembly for Wales” |
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| | substitute “the Welsh Ministers”. |
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| | (3) | In section 5 (power to amend or repeal enactments relating to power to promote |
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| | well-being), for subsection (4) substitute— |
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| | “(4) | In exercising the power under subsection (1), the Secretary of State must |
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| | not make any provision which has effect in relation to Wales unless he |
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| | has consulted the Welsh Ministers. |
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| | (4A) | In exercising the power under subsection (1), the Secretary of State— |
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| | (a) | must not make any provision amending, repealing or disapplying |
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| | any Measure or Act of the National Assembly for Wales without |
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| | the consent of the National Assembly for Wales, and |
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| | (b) | must not make any provision amending, revoking or disapplying |
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| | subordinate legislation made by the Welsh Ministers (or the |
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| | National Assembly for Wales established under the Government |
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| | of Wales Act 1998) without the consent of the Welsh Ministers. |
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| | (4B) | Subsection (4A) does not apply to the extent that the Secretary of State is |
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| | making incidental or consequential provision.” |
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| | (4) | In subsection (5) of that section, for “The National Assembly for Wales” |
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| | substitute “The Welsh Ministers”. |
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| | (5) | In section 6 (power to modify enactments concerning plans etc)— |
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| | (a) | in subsection (1), at the end insert “so far as that enactment has effect in |
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| | relation to a local authority in England”; and |
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| | (b) | omit subsections (5) and (6). |
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| | (6) | In section 7 (power to modify enactments concerning plans etc: Wales)— |
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| | (i) | for “the National Assembly for Wales” substitute “the Welsh |
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| | (ii) | for “to which subsection (2) applies” substitute “(whenever |
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| | passed or made) which requires a local authority to prepare, |
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| | produce or publish any plan or strategy relating to any particular |
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| | (c) | in subsection (4), for “the National Assembly for Wales considers” |
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| | substitute “the Welsh Ministers consider”; and |
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| | (7) | At the end of that section insert— |
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| | “(8) | An order under this section may not make a provision which, if it were a |
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| | provision of a Measure of the National Assembly for Wales, would be |
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| | outside the Assembly’s legislative competence. |
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| | (9) | For the purposes of subsection (8), section 94(4) of the Government of |
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| | Wales Act 2006 has effect as if paragraph (a) (matters within legislative |
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| | competence) were omitted. |
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| | (10) | Subject to subsection (11), a statutory instrument which contains an order |
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| | under this section is not to be made unless a draft of the instrument has |
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| | been laid before and approved by a resolution of the National Assembly |
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| | (11) | A statutory instrument containing an order under this section which is |
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| | made only for the purpose of amending an earlier such order— |
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| | (a) | so as to extend the earlier order, or any provision of the earlier |
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| | order, to a particular authority or to authorities of a particular |
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| | (b) | so that the earlier order, or any provision of the earlier order, |
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| | ceases to apply to a particular authority or to authorities of a |
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| | | is to be subject to annulment in pursuance of a resolution of the National |
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| | (8) | In section 9 (procedure for orders under section 5 or 6)— |
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| | (a) | in subsection (2), for “the National Assembly for Wales” substitute “the |
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| | (b) | in subsection (3)(d), for “the National Assembly for Wales” substitute |
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| | Requests for single-member electoral areas |
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| To move the following Clause:— |
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| | ‘In the Local Government Act 1992 (c. 19), after section 14 insert— |
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| | “14A | Requests for single-member electoral areas |
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| | (1) | A principal council which falls within subsection (3) may request the |
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| | (a) | to give the Boundary Committee for England a direction under |
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| | section 13(3) relating to the council’s area, and |
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| | (b) | to direct that Committee (under section 13(6)) that their |
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| | recommendations under section 13(3) must contain |
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| | recommendations as to single-member electoral areas. |
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| | (2) | In subsection (1) “recommendations as to single-member electoral areas” |
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| | means a recommendation, as respects each electoral area in the council’s |
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| | area, as to whether the electoral area should return one councillor. |
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| | (3) | A principal council falls within this subsection if— |
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| | (a) | it is not the case that each of the electoral areas in the council’s |
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| | area returns one councillor, and |
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| | (b) | the council is subject to a scheme for whole-council elections. |
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| | (4) | A council is “subject to a scheme for whole-council elections” if, in each |
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| | year in which ordinary elections of councillors of the council are to be |
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| | held, all the councillors are to be elected. |
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| | (5) | If the Electoral Commission grant a request under this section— |
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| | (a) | they must notify the Boundary Committee for England of the |
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| | request when they give the directions requested, and |
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| | (b) | subject to subsection (6), where the Boundary Committee for |
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| | England make recommendations under section 13(3) in response |
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| | to those directions they must recommend that each electoral area |
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| | in the council’s area should return one councillor. |
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| | (6) | Subsection (5)(b) does not require the Boundary Committee for England |
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| | to make any recommendation that they consider would be inappropriate |
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| | having regard to the matters which they are required by section 13(5)(a) |
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| | to (c) to have regard to. |
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| | (7) | If the Electoral Commission decide not to grant a request under this |
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| | section they must notify the council that made the request of— |
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| | 14B | Provision supplementary to section 14A |
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| | (1) | Nothing in section 14A prevents the Electoral Commission— |
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| | (a) | from making a direction under section 13 where there has been |
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| | no request under section 14A, or |
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| | (b) | if they grant a request under section 14A, from making directions |
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| | under section 13(6) in addition to the one requested. |
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| | (2) | Nothing in section 14A prevents the Boundary Committee for England, |
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| | when making a recommendation as to whether electoral areas should |
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| | return one councillor, from making other recommendations under section |
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| | (3) | In section 14A(2) and (5) references to electoral areas are, in relation to |
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| | a case where the Boundary Committee for England make |
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| | recommendations for change to the number or boundaries of electoral |
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| | areas in the council’s area, to the recommended electoral areas.”’. |
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| | Duty of local authority to provide Boundary Committee with information |
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| To move the following Clause:— |
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| | ‘(1) | The Local Government Act 1992 (c. 19) is amended as follows. |
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| | (2) | In section 13 (electoral reviews and recommendations), after subsection (7) |
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| | “(8) | A local authority must, if requested by the Boundary Committee for |
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| | England to do so, provide that Committee, by such date as that |
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| | Committee may specify, with any information that that Committee may |
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| | reasonably require in connection with any of their functions under this |
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| To move the following Clause:— |
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| | ‘Schedule (Elections: consequential amendments) has effect.’. |
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| | Entities controlled etc by local authorities |
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| To move the following Clause:— |
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| | ‘(1) | An order under this section is an order which requires, prohibits or regulates the |
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| | taking of specified actions by entities connected with a local authority. |
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| | (2) | The Secretary of State may make an order under this section in relation to— |
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| | (a) | all English local authorities; |
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| | (b) | English local authorities of particular descriptions; |
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| | (c) | particular English local authorities. |
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| | (3) | The Welsh Ministers may make an order under this section in relation to— |
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| | (a) | all Welsh local authorities; |
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| | (b) | Welsh local authorities of particular descriptions; |
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| | (c) | particular Welsh local authorities. |
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| | (4) | An order under this section may also include provision which requires, prohibits |
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| | (a) | the taking of specified actions by a local authority in relation to entities |
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| | connected with the local authority; |
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| | (b) | the taking of specified actions by members or officers of a local authority |
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| | who are qualifying persons. |
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| | (5) | An order under this section may make provision in relation to— |
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| | (a) | every entity connected with a local authority; |
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| | (b) | such entities of a particular description. |
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| | (6) | Where an order under this section makes provision in relation to entities of a |
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| | particular description, it may provide for any expression used in identifying that |
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| | description of entity to have the meaning for the time being given by— |
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| | (a) | any document identified by the order; or |
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| | (b) | any re-issue of such a document. |
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| | (7) | For the purposes of this section an entity (“E”) is “connected with” a local |
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| | authority at any time if— |
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| | (a) | it is an entity other than the local authority; and |
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| | (b) | according to proper practices in force at that time, financial information |
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| | about E must be included in the local authority’s statement of accounts |
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| | for the financial year in which that time falls. |
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| | “actions” includes courses of action; |
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| | “English local authority” means a local authority in England; |
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| | “entity” means any entity, whether or not a legal person; |
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| | “financial year” means a period for which accounts of the local authority |
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| | must be prepared by reason of section 2 of the Audit Commission Act |
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| | 1998 (c. 18) or section 13 of the Public Audit (Wales) Act 2004 (c. 23); |
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| | “local authority” means any body which— |
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| | (a) | is a local authority for the purposes of section 21 of the Local |
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| | Government Act 2003 (c. 26) (see subsection (6) of that section |
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| | and section 23 of that Act); and |
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| | (b) | is required to prepare statements of accounts by regulations |
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| | made under section 27 of the Audit Commission Act 1998 (c. 18) |
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| | or section 39 of the Public Audit (Wales) Act 2004 (c. 23); |
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| | “qualifying person” means a person who— |
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| | (a) | is authorised to represent the local authority at meetings of an |
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| | entity that is connected with the local authority; or |
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| | (b) | is a member or director of such an entity or the holder of any |
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| | other specified position in relation to such an entity; |
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| | “specified” means specified, or of a description specified, by the order; |
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| | “Welsh local authority” means a local authority in Wales.’. |
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| To move the following Clause:— |
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| | ‘(1) | In this section a “relevant trust” means a trust connected with a local authority. |
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| | (2) | An order under section (Entities controlled etc by local authorities) may include |
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| | provision which requires, prohibits or regulates— |
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| | (a) | the taking of specified actions by the trustees of a relevant trust; |
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| | (b) | the taking of specified actions by a local authority in relation to the |
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| | trustees of trusts connected with that local authority; |
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| | (c) | the taking of specified actions by a member or officer of a local authority |
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| | who is a trustee of a trust connected with that local authority. |
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| | (3) | Provision included in an order by virtue of this section may relate to— |
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| | (a) | the trustees of every relevant trust; |
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| | (b) | the trustees of relevant trusts of a particular description. |
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| | (4) | Where by virtue of this section an order makes provision in relation to the trustees |
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| | of trusts of a particular description, it may provide for any expression used in |
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| | identifying that description of trust to have the meaning for the time being given |
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| | (a) | any document identified by the order; or |
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| | (b) | any re-issue of such a document. |
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| | (5) | For the purposes of this section a trust (“T”) is “connected with” a local authority |
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| | at any time if, according to proper practices in force at that time, financial |
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| | information about T must be included in the local authority’s statement of |
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| | accounts for the financial year in which that time falls. |
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| | (6) | In this section the following have the same meaning as in section (Entities |
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| | controlled etc by local authorities)— |
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| | Further provision about orders |
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| To move the following Clause:— |
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| | ‘(1) | An order under section (Entities controlled etc by local authorities) may make |
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| | provision requiring an entity, a local authority or trustees to obtain the consent of |
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| | the appropriate person before taking any particular actions. |
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| | (2) | In subsection (1) “the appropriate person” means— |
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| | (a) | in relation to an order made by the Secretary of State, the Audit |
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| | (b) | in relation to an order made by the Welsh Ministers, the Auditor General |
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| | (3) | The provision that may be included in an order by virtue of section (Entities |
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| | controlled etc by local authorities)(4)(a) includes in particular provision— |
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| | (a) | requiring a local authority to make arrangements for enabling questions |
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| | about an entity’s activities to be put to members or officers of the |
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| | authority who are qualifying persons; |
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| | (b) | prohibiting a local authority from taking action (including refraining |
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| | from exercising a right) which would have the result that a person of a |
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| | specified description becomes a qualifying person; |
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| | (c) | requiring a local authority to ensure so far as practicable that entities |
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| | comply with provisions of the order applicable to them. |
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| | (4) | The provision that may be included in an order by virtue of section (Trusts)(2)(b) |
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| | includes in particular provision— |
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| | (a) | requiring a local authority to make arrangements for enabling questions |
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| | about a trust connected with the authority to be put to members or officers |
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| | of the authority who are trustees; |
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| | (b) | prohibiting a local authority from taking action (including refraining |
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| | from exercising a right) which would have the result that a person of a |
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| | specified description becomes a trustee of a trust connected with the |
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| | (c) | requiring a local authority to ensure so far as practicable that trustees |
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| | comply with provisions of the order applicable to them. |
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| | (5) | Nothing in subsections (1) to (4) affects the generality of section (Entities |
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| | controlled etc by local authorities)(1) or (4) or (Trusts)(2). |
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| | (6) | An order under section (Entities controlled etc by local authorities) may include |
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| | incidental, consequential, transitional or supplementary provision. |
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| | (7) | In this section the following have the same meaning as in section (Entities |
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| | controlled etc by local authorities)— |
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| | “entity connected with a local authority”; |
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| | (8) | In this section “the Audit Commission” means the Audit Commission for Local |
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| | Authorities and the National Health Service in England.’. |
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| To move the following Clause:— |
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| | ‘(1) | The appropriate authority may give a direction exempting— |
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| | (a) | a particular entity, or entities of a particular description, or |
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| | (b) | the trustees of a particular trust, or of trusts of a particular description, |
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| | | from an order under section (Entities controlled etc by local authorities) or |
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| | specified provisions of such an order. |
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| | (2) | A direction under this section may provide for an exemption to have effect— |
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| | (a) | for a specified period; or |
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