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| | | (a) | section (No review being undertaken: duty to respond to petition) applies |
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| | | (no review being undertaken when petition received), but |
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| | | (b) | the duty in section (No review being undertaken: duty to respond to |
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| | | petition)(2) does not apply because of section (No review being |
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| | | undertaken: duty to respond to petition)(3) (no duty to respond to petition |
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| | | because previous review concluded in relevant two-year period). |
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| | | (3) | The second case is where— |
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| | | (a) | section (Review being undertaken: duty to respond to petition) applies |
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| | | (review being undertaken when petition received: petition area wholly |
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| | | outside area under review), but |
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| | | (b) | the duty in section (Review being undertaken: duty to respond to |
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| | | petition)(2) does not apply because of section (Review being undertaken: |
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| | | duty to respond to petition)(3) (no duty to respond to petition because |
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| | | previous review concluded in relevant two-year period). |
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| | | (4) | The third case is where these conditions are met— |
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| | | (a) | a principal council receives a community governance petition which |
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| | | relates to the whole or part of a principal council’s area; |
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| | | (b) | at the time the petition is received, the council is in the course of |
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| | | undertaking a community governance review; |
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| | | (c) | the petition area is wholly or partly inside the area under review.’. |
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| | | Electoral Commission and Boundary Committee: reviews and recommendations |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 13 of the Local Government Act 1992 (c. 19) (reviews and |
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| | | recommendations of Electoral Commission and Boundary Committee) is |
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| | | |
| | | (2) | For subsection (5)(d) substitute— |
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| | | “(d) | in the case of a district council that is subject to a scheme for |
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| | | elections by halves or by thirds, or that has resolved to revert to |
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| | | being subject to such a scheme under Part 2 of the Local |
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| | | Government and Public Involvement in Health Act 2007, the |
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| | | desirability of securing that an appropriate number of councillors |
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| | | is elected in each ward at each ordinary election of councillors.” |
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| | | (3) | After subsection (5) insert— |
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| | | “(5A) | For the purposes of this section— |
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| | | (a) | a council is “subject to a scheme for elections by halves” if one |
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| | | half (or as nearly as may be) of its councillors are to be elected |
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| | | in each year in which it holds ordinary elections of councillors; |
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| | | (b) | a council is “subject to a scheme for elections by thirds” if one |
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| | | third (or as nearly as may be) of its councillors are to be elected |
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| | | in each year in which it holds ordinary elections of councillors; |
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| | | (c) | the number of councillors elected in a ward at an ordinary |
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| | | election of councillors is “appropriate”— |
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| | | (i) | in the case of a scheme for elections by halves, if it is |
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| | | (ii) | in the case of a scheme for elections by thirds, if it is |
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| | | Amendment of Licensing Act 2003 |
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| | To move the following Clause:— |
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| | | ‘(1) | The Licensing Act 2003 shall be amended as follows. |
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| | | (2) | In section 9(1) (proceedings of licensing committee) for the final “committee” |
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| | | |
| | | (3) | In section 13(3) (interested parties) after paragraph (d) insert— |
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| | | “(e) | a parish council, community council or parish meeting in whose area the |
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| | | |
| | | (f) | a member of a county council, district council, a London borough council |
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| | | or a county borough council for the ward or division in which the |
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| | | premises are situated or whose ward or division is within 1 kilometre of |
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| | | |
| | | (g) | a member of a parish council or community council for the area in which |
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| | | the premises are situated, |
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| | | (h) | the Member of Parliament and (in Wales) the Member of the National |
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| | | Assembly for Wales in whose constituency the premises are situated.” |
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| | | (4) | In section 69(3) (interested parties) after paragraph (d)insert— |
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| | | “(e) | a parish council, community council or parish meeting in whose area the |
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| | | |
| | | (f) | a member of a county council, district council, a London borough council |
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| | | or a county borough council for the ward or division in which the |
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| | | premises are situated or whose ward or division is within 1 kilometre of |
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| | | |
| | | (g) | a member of a parish council or community council for the area in which |
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| | | the premises are situated, |
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| | | (h) | the Member of Parliament and (in Wales) the Member of the National |
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| | | Assembly for Wales in whose constituency the premises are situated.”.’. |
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| | To move the following Clause:— |
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| | | ‘The Secretary of State shall by order designate the following functions for |
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| | | transfer from any regional or statutory bodies to relevant local authorities— |
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| | | |
| | | |
| | | |
| | | (d) | learning and skills.’. |
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| | |
| | | Executive arrangements: move to alternative arrangements |
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| | |
| | | Negatived on division NC34 |
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| | To move the following Clause:— |
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| | | ‘(1) | The Local Government Act 2000 (c.22) as amended as follows. |
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| | | (2) | For section 33(5) substitute— |
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| | | “(5) | The Secretary of State may by regulations make provision for or in |
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| | | connection with enabling a local authority which is operating executive |
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| | | arrangements to operate alternative arrangements in place of the |
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| | | executive arrangements.”.’. |
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| | |
| | | Parish councils: power to issue guarantees |
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| | To move the following Clause:— |
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| | | ‘(1) | A parish council may make and issue a guarantee for a sum, incidental to its |
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| | | support for an activity which is within its powers under this or any other Act. |
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| | | (2) | A guarantee under subsection (1) may be made— |
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| | | (a) | in respect of membership of a company incorporated under the |
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| | | |
| | | (b) | in respect of membership of an association of local authorities; or |
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| | | (c) | to a voluntary organisation operating in its area. |
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| | | (3) | In exercising the power to make a guarantee under subsection (1), the council |
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| | | must have regard for any limit on the maximum sum that may be guaranteed that |
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| | | the Secretary of State may by order prescribe.’. |
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| | |
| | | Abolition of Standards Board for England, repeal of provisions relating to investigations |
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| | | etc. (Wales) and abolition of Adjudication Panels etc. |
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| | |
| | | Negatived on division NC64 |
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| | To move the following Clause:— |
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| | | ‘(1) | Part 3 of the Local Government Act 2000 (c. 22) (conduct of local government |
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| | | members and employees) is amended as follows. |
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| | | (2) | Omit sections 57 to 80. |
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| | Page 17, line 36, leave out Clause 31. |
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| | |
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| | Page 18, line 4, leave out Clause 32. |
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| | |
| | | |
| | Page 18, line 31 [Clause 33], leave out subsection (1) and insert— |
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| | | ‘(1) | On passing a resolution for whole-council elections, a council becomes subject to |
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| | | the following electoral scheme.’. |
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| | |
| | |
| | | |
| | Page 19, line 4 [Clause 33], leave out ‘2008’ and insert ‘2010’. |
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| | Page 19, line 9 [Clause 33], leave out ‘the purposes of section 32’ and insert |
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| | ‘whole-council elections’. |
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| | |
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| | Page 19 [Clause 33], leave out lines 10 to 13. |
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| | |
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| | Page 19, line 14 [Clause 33], leave out ‘the purposes of section 32’ and insert |
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| | ‘whole-council elections’. |
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| | |
| | | |
| | Page 19, line 20 [Clause 34], leave out ‘the purposes of section 32’ and insert |
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| | ‘whole-council elections’. |
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| | |
| | | |
| | Page 19, line 29 [Clause 34], at end insert ‘under section 33’. |
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| | |
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| | Page 19, line 30 [Clause 34], leave out ‘for whole-council elections’. |
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| | |
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| | Page 19, line 37 [Clause 34], leave out ‘scheme for whole-council elections’ and |
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| | insert ‘new electoral scheme’. |
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| | |
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| | Page 19, line 40 [Clause 35], leave out ‘the purposes of section 32’ and insert |
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| | ‘whole-council elections’. |
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| | |
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| | Page 20, line 5 [Clause 36], leave out paragraph (b). |
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| | Page 20, line 12 [Clause 36], leave out ‘subsection (2)(c)’ and insert ‘subsections |
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| | Page 20, line 13 [Clause 36], leave out subsection (3). |
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| | Page 20, line 23 [Clause 36], leave out ‘85(2)’ and insert ‘85’. |
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| | |
| | | |
| | Page 20, line 25 [Clause 36], leave out paragraph (c). |
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| | |
| | | |
| | Page 20, line 29 [Clause 36], at end insert— |
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| | | |
| | | (a) | a local authority makes a request under section 7(4) of the Local |
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| | | |
| | | (b) | immediately before subsection (1)(a) above comes into force in relation |
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| | | to that authority, the request has not yet been dealt with, |
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| | | | the repeal of section 7(4) to (6) of the 1972 Act does not apply to the request |
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| | | unless, and until, it is dealt with. |
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| | | (6) | For the purposes of subsection (5) a request under section 7(4) of the 1972 Act is |
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| | | “dealt with” in either of these cases— |
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| | | (a) | if the Secretary of State notifies the local authority that he has decided not |
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| | | to make an order under section 7(6) of the 1972 Act in response to the |
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| | | |
| | | (b) | if the Secretary of State makes an order under section 7(6) in response to |
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| | | |
| | | (7) | The repeal of section 7(6) or 8(2) of the Local Government Act 1972 or of section |
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| | | 86(1) of the Local Government Act 2000 (so far as it relates to England) does not |
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| | | affect any order made under that provision before its repeal.’. |
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| | | |
| | Page 21, line 4 [Clause 37], at end insert— |
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| | | ‘(4) | Subject to the provisions of subsection (3) the local authority may from time to |
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| | | time make proposals to adjust the number of councillors per ward and must hold |
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| | | a referendum in the ward or wards affected before taking any steps to implement |
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| | | |
| | | (5) | The local authority may not pass a resolution which makes the proposed change |
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| | | or changes unless the result of the referendum is to approve the proposals. |
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| | | (6) | If the result of the referendum is not to approve the proposals, the local authority |
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| | | must publish in one or more newspapers circulating in its area a notice which— |
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| | | (a) | summarises the proposals; |
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| | | (b) | states that the referendum did not approve the proposals; |
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| | | (c) | summarises the authority’s existing arrangements; and |
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| | | (d) | states that the authority will be continuing to operate those |
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| | Page 22, line 16 [Clause 39], at end insert— |
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| | | ‘(1A) | An order under subsection (1) must be made at least a year before it is due to take |
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| | Page 23, line 32 [Clause 40], leave out ‘specified in subsections (2) to (5)’. |
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| | Page 24, line 14 [Clause 40], leave out subsection (6). |
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| | | |
| | Page 25, line 31 [Clause 42], at end insert— |
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| | | ‘33ZA | Changing governance arrangements |
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| | | (1) | Any local authority in England may submit a scheme of internal governance |
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| | | appropriate to its circumstances, which shall stand deferred until the next |
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| | | ordinary day of election and may not take effect until the day after that day. |
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