House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Report Stage Proceedings: 22nd May 2007
290

Local Government and Public Involvement, continued

(b)
subject to specified conditions.

(3)
A direction under this section may be varied or revoked by a subsequent direction

of the appropriate authority.

(4)
In this section “the appropriate authority” means—

(a)
in relation to an order made by the Secretary of State, the Secretary of

State;

(b)
in relation to an order made by the Welsh Ministers, the Welsh Ministers.

(5)
In this section—

“entity” has the same meaning as in section (Entities controlled etc by local

authorities);

“specified” means specified by the direction.’.

Definition of certain terms for purposes of other enactments: England

Secretary Ruth Kelly

Added  NC26

To move the following Clause:—

‘(1)
The Secretary of State may by order under this section—

(a)
define an “entity under the control of a local authority” and an “entity

jointly controlled by bodies that include a local authority” for the

purposes of section 4(2) of the Prevention of Corruption Act 1916 (c. 64);

(b)
define for the purposes of section 80(1)(aa) of the Local Government Act

1972 (c. 70) the reference in that provision to “an entity under the control

of” the authority mentioned there;

(c)
define, for the purposes of sections 98(8)(d) and 100(1)(a) of the Local

Government, Planning and Land Act 1980 (c. 65), the references in each

of those provisions to—

(i)
“an entity under the control of” the body mentioned there;

(ii)
“an entity subject to the influence of” that body; and

(iii)
“an entity jointly controlled by” that body and one or more other

bodies;

(d)
define for the purposes of paragraph 7(2) of Schedule 7 to the

Environment Act 1995 (c. 25) the reference in that provision to “an entity

under the control of” the authority mentioned there;

(e)
define for the purposes of section 18(2)(b) of the Local Government Act

2003 (c. 26) the references in that provision to—

(i)
“an entity under the control of” and “a trust under the control of”

an authority or Executive mentioned there;

(ii)
“an entity subject to the influence of” and “a trust subject to the

influence of” such an authority or Executive; and

(iii)
“an entity jointly controlled by bodies that include” and “a trust

jointly controlled by bodies that include” such an authority or

Executive.

(2)
Any reference in subsection (1) to the purposes of a provision of—

the Local Government Act 1972 (c. 70),

the Local Government, Planning and Land Act 1980 (c. 65),

the Environment Act 1995 (c. 25), or

Report Stage Proceedings: 22nd May 2007
291

Local Government and Public Involvement, continued

the Local Government Act 2003 (c. 26),


is a reference to the purposes of that provision as it applies in relation to England.

(3)
An order under this section may provide for any expression used by it to have the

meaning for the time being given by—

(a)
any document identified by the order;

(b)
any re-issue of such a document.’.

Definition of certain terms for purposes of other enactments: Wales

Secretary Ruth Kelly

Added  NC27

To move the following Clause:—

‘(1)
The Welsh Ministers may by order under this section—

(a)
define for the purposes of section 80(1)(aa) of the Local Government Act

1972 (c. 70) the reference in that provision to “an entity under the control

of” the authority mentioned there;

(b)
define, for the purposes of sections 98(8)(d) and 100(1)(a) of the Local

Government, Planning and Land Act 1980 (c. 65), the references in each

of those provisions to——

(i)
“an entity under the control of” the body mentioned there;

(ii)
“an entity subject to the influence of” that body; and

(iii)
“an entity jointly controlled by” that body and one or more other

bodies;

(c)
define for the purposes of paragraph 7(2) of Schedule 7 to the

Environment Act 1995 (c. 25) the reference in that provision to “an entity

under the control of” the authority mentioned there;

(d)
define for the purposes of section 18(2)(b) of the Local Government Act

2003 (c. 26) the references in that provision to—

(i)
“an entity under the control of” and “a trust under the control of”

an authority mentioned there;

(ii)
“an entity subject to the influence of” and “a trust subject to the

influence of” such an authority; and

(iii)
“an entity jointly controlled by bodies that include” and “a trust

jointly controlled by bodies that include” such an authority;

(e)
define “an entity under the control of a local authority” for the purposes

of section 48(3) of the Public Audit (Wales) Act 2004 (c. 23).

(2)
Any reference in subsection (1) to the purposes of a provision of—

the Local Government Act 1972 (c. 70),

the Local Government, Planning and Land Act 1980 (c. 65),

the Environment Act 1995 (c. 25), or

the Local Government Act 2003 (c. 26),


is a reference to the purposes of that provision as it applies in relation to Wales.

(3)
An order under this section may provide for any expression used by it to have the

meaning for the time being given by—

(a)
any document identified by the order;

Report Stage Proceedings: 22nd May 2007
292

Local Government and Public Involvement, continued

(b)
any re-issue of such a document.’.

Consequential amendments

Secretary Ruth Kelly

Added  NC28

To move the following Clause:—

‘(1)
Omit Part 5 of the Local Government and Housing Act 1989 (c. 42).

(2)
Schedule (Consequential amendments relating to entities controlled etc by local

authorities) (other consequential amendments) has effect.

(3)
Subsection (4) applies where by virtue of section 14 of the Interpretation Act

1978 (c. 30) (implied power to amend) any subordinate legislation is amended in

consequence of the repeal of Part 5 of the Local Government and Housing Act

1989 (c. 42).

(4)
Any provision inserted or substituted by the amendment may provide for an

expression used in such provision to have the meaning for the time being given

by—

(a)
any document identified by such provision;

(b)
any re-issue of such a document.’.

Schemes for elections

Secretary Ruth Kelly

Added  nc36

To move the following Clause:—

‘For the purposes of this Part—

(a)
a council is “subject to a scheme for whole-council elections” if all 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 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;

(c)
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.’.

Report Stage Proceedings: 22nd May 2007
293

Local Government and Public Involvement, continued

Resolution for whole-council elections

Secretary Ruth Kelly

Added  NC37

To move the following Clause:—

‘(1)
A district council in England that is subject to a scheme for elections by halves or

by thirds may resolve that it is to be subject instead to the scheme for whole-

council elections under section 33.

(2)
A resolution under this section is referred to in this Part as a “resolution for

whole-council elections”.’.

Resolution for whole-council elections: requirements

Secretary Ruth Kelly

Added  NC38

To move the following Clause:—

‘(1)
A council must comply with this section in passing a resolution for whole-council

elections.

(2)
The council must not pass the resolution unless it has taken reasonable steps to

consult such persons as it thinks appropriate on the proposed change.

(3)
The resolution must be passed—

(a)
at a meeting specially convened for the purpose, and

(b)
by a majority of at least two thirds of the members voting on it.

(4)
The council must pass the resolution in a permitted resolution period.

(5)
In this section “permitted resolution period” means—

(a)
in relation to a metropolitan district council—

(i)
the period ending with 31 December 2009, or

(ii)
the period in 2013, or in any fourth year afterwards, that starts

with 1 October and ends with 31 December;

(b)
in relation to a non-metropolitan district council—

(i)
the period ending with 31 December 2010, or

(ii)
the period in 2014, or in any fourth year afterwards, that starts

with 1 October and ends with 31 December.

(6)
The Secretary of State may by order provide that a permitted resolution period is

to end later than the day determined in accordance with subsection (5).’.

Resolution for elections by halves

Secretary Ruth Kelly

Added  NC39

To move the following Clause:—

‘(1)
A non-metropolitan district council in England that—

Report Stage Proceedings: 22nd May 2007
294

Local Government and Public Involvement, continued

(a)
was formerly subject to a scheme for elections by halves, but

(b)
is for the time being subject to a scheme for whole-council elections,


may resolve that it is to revert to being subject to a scheme for elections by halves.

(2)
For the purposes of this section, a council that is subject to a scheme for whole-

council elections was “formerly subject” to a scheme for elections by halves if it

was subject to such a scheme at any time in the period beginning with—

(a)
1 April 1974, or

(b)
if later, the date on which the council was created.

(3)
A resolution under this section is referred to in this Part as a “resolution for

elections by halves”.’.

Resolution for elections by halves: requirements

Secretary Ruth Kelly

Added  NC40

To move the following Clause:—

‘(1)
A council must comply with this section in passing a resolution for elections by

halves.

(2)
The council must not pass the resolution unless it has taken reasonable steps to

consult such persons as it thinks appropriate on the proposed change.

(3)
The resolution must be passed—

(a)
at a meeting specially convened for the purpose, and

(b)
by a majority of at least two thirds of the members voting on it.

(4)
The council must pass the resolution in a permitted resolution period.

(5)
In this section “permitted resolution period” means the period in 2008, or in any

fourth year afterwards, that starts with 1 October and ends with 31 December.

(6)
The Secretary of State may by order provide that a permitted resolution period is

to end later than the day determined in accordance with subsection (5).’.

Resolution for elections by thirds

Secretary Ruth Kelly

Added  NC41

To move the following Clause:—

‘(1)
A district council in England that—

(a)
was formerly subject to a scheme for elections by thirds, but

(b)
is for the time being subject to a scheme for whole-council elections,


may resolve that it is to revert to being subject to a scheme for elections by thirds.

(2)
For the purposes of this section, a council that is subject to a scheme for whole-

council elections was “formerly subject” to a scheme for elections by thirds if it

was subject to such a scheme at any time in the period beginning with—

(a)
1 April 1974, or

Report Stage Proceedings: 22nd May 2007
295

Local Government and Public Involvement, continued

(b)
if later, the date on which the council was created.

(3)
A resolution under this section is referred to in this Part as a “resolution for

elections by thirds”.’.

Resolution for elections by thirds: requirements

Secretary Ruth Kelly

Added  NC42

To move the following Clause:—

‘(1)
A council must comply with this section in passing a resolution for elections by

thirds.

(2)
The council must not pass the resolution unless it has taken reasonable steps to

consult such persons as it thinks appropriate on the proposed change.

(3)
The resolution must be passed—

(a)
at a meeting specially convened for the purpose, and

(b)
by a majority of at least two thirds of the members voting on it.

(4)
The council must pass the resolution in a permitted resolution period.

(5)
In this section “permitted resolution period” means—

(a)
in relation to a metropolitan district council: the period in 2011, or in any

fourth year afterwards, that starts with 1 October and ends with 31

December;

(b)
in relation to a non-metropolitan district council: the period in 2008, or

in any fourth year afterwards, that starts with 1 October and ends with 31

December.

(6)
The Secretary of State may by order provide that a permitted resolution period is

to end later than the day determined in accordance with subsection (5).’.

Publicity for resolution

Secretary Ruth Kelly

Added  NC43

To move the following Clause:—

‘(1)
A council must comply with this section as soon as practicable after passing a

resolution for elections by halves or a resolution for elections by thirds.

(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 resolved to become subject to the new electoral

scheme;

Report Stage Proceedings: 22nd May 2007
296

Local Government and Public Involvement, continued

(b)
that the Electoral Commission is to make provision by order about the

operation of, and transition to, the new electoral scheme;

(c)
how the explanatory document is available in accordance with subsection

(3);

(d)
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 (so far as the details are known at the time the document is

prepared).’.

Notice to Electoral Commission

Secretary Ruth Kelly

Added  NC44

To move the following Clause:—

‘(1)
A council must comply with this section as soon as practicable after passing a

resolution for elections by halves or a resolution for elections by thirds.

(2)
The council must give the Electoral Commission notice that it has passed the

resolution.’.

Electoral Commission to consider whether electoral review is necessary

Secretary Ruth Kelly

Added  NC45

To move the following Clause:—

‘(1)
This section applies if the Electoral Commission receive notice under section

(Notice to Electoral Commission) that a council has passed a resolution for

elections by halves or a resolution for elections by thirds.

(2)
As soon as practicable after receiving the notice, the Commission must consider

whether to exercise their power under section 13(3) of the Local Government Act

1992 (c. 19) to direct the Boundary Committee to conduct a review of the district

in question (or any part of it).

(3)
As soon as practicable after deciding whether or not to direct the Boundary

Committee to conduct an electoral review, the Commission must give the council

notice of the decision.’.