House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 22nd May 2007
325

Local Government and Public Involvement, continued

Secretary Ruth Kelly

Agreed to  73

Page  115,  line  18  [Clause  161],  at end insert—

‘(1A)
In Schedule 7 to the Environment Act 1995 (c. 25) (national park authorities), in

paragraph 7(4) for “3” substitute “3A”.’.

Secretary Ruth Kelly

Agreed to  111

Page  119,  line  10  [Clause  167],  at end insert—

‘( )
In Part 3 of the Local Government Act 1974 (c. 7) (Commission for Local

Administration in England)—

(a)
in section 25(1) (authorities subject to investigation), after paragraph (cc)

insert—

“(cd)
an authority established for an area in England by an

order under section 165 of the Local Government and

Public Involvement in Health Act 2007 (joint waste

authorities);”;

(b)
in section 26C(6) (referral of complaints by authorities) (inserted by

section (Complaints and matters coming to Commissioners’ attention)),

at the end insert—

“(d)
in relation to an authority established by an order under

section 165 of the Local Government and Public

Involvement in Health Act 2007, a person who may be a

member of the authority in accordance with section 166

of that Act.”’.

Secretary Ruth Kelly

Agreed to  112

Page  119,  line  10  [Clause  167],  at end insert—

‘( )
In Schedule 2 to the Audit Commission Act 1998 (c. 18) (accounts subject to

audit), in paragraph 1, after paragraph (m) insert—

“(ma)
an authority established for an area in England by an order

under section 165 of the Local Government and Public

Involvement in Health Act 2007 (joint waste authorities);”.’.

Secretary Ruth Kelly

Agreed to  113

Page  119,  line  20  [Clause  167],  at end insert—

‘( )
In section 23(1) of the Local Government Act 2003 (c. 26) (definition of local

authority), after paragraph (n) insert—

“(na)
an authority established for an area in England by an order under

section 165 of the Local Government and Public Involvement in

Health Act 2007 (joint waste authorities);”.’.

Report Stage Proceedings: 22nd May 2007
326

Local Government and Public Involvement, continued

Secretary Ruth Kelly

Agreed to  219

Page  135,  line  20  [Clause  189],  at end insert—

‘(1A)
Any order made by the Electoral Commission under this Act must be made by

statutory instrument’.

Secretary Ruth Kelly

Agreed to  114

Page  135,  line  21  [Clause  189],  after ‘168’ insert ‘, (Entities controlled etc by local

authorities), (Definitions of certain terms for purposes of other enactments: Wales)’.

Secretary Ruth Kelly

Agreed to  115

Page  135,  line  23  [Clause  189],  leave out ‘under section 168,’ and insert ‘made by

the Welsh Ministers under section 168, (Entities controlled etc by local authorities) or

(Definitions of certain terms for purposes of other enactments: Wales),’.

Secretary Ruth Kelly

Agreed to  220

Page  135,  line  30  [Clause  189],  leave out ‘or 32’ and insert ‘, (Resolution for

whole-council elections: requirements), (Resolution for elections by halves:

requirements) or (Resolution for elections by thirds: requirements)’.

Secretary Ruth Kelly

Agreed to  221

Page  135,  line  40  [Clause  189],  after ‘only’, insert—

‘(a)
an order made by the Electoral Commission, or’.

Secretary Ruth Kelly

Agreed to  116

Page  136,  line  14  [Clause  189],  leave out from ‘under’ to ‘may’ in line 15 and

insert ‘this Act’.

Secretary Ruth Kelly

Agreed to  55

Page  136,  line  23  [Clause  191],  at end insert—

‘( )
The Secretary of State may pay to the Arts Council of England and the Museums,

Libraries and Archives Council such sums as he may determine in respect of their

expenses under or by virtue of this Act.’.

Secretary Ruth Kelly

Agreed to  117

Page  136,  line  39  [Clause  193],  leave out ‘and (3)’ and insert ‘to (4)’.

Report Stage Proceedings: 22nd May 2007
327

Local Government and Public Involvement, continued

Secretary Ruth Kelly

Agreed to  118

Page  137,  line  2  [Clause  193],  leave out ‘or 167’ and insert ‘, 167 or 188’.

Secretary Ruth Kelly

Agreed to  119

Page  137,  line  2  [Clause  193],  after ‘Schedule 1,’ insert ‘(Elections: consequential

amendments),’.

Secretary Ruth Kelly

Agreed to  120

Page  137,  line  2  [Clause  193],  after second ‘14’ insert ‘, 15’.

Secretary Ruth Kelly

Agreed to  121

Page  137,  line  3  [Clause  193],  at end insert—

‘(4)
The repeal made by paragraph 1(2)(b) of Schedule (Consequential amendments

relating to entities controlled etc by local authorities) and the entry in Part 13A

of Schedule 15 relating to the Prevention of Corruption Act 1916 (c. 64) extends

to England and Wales and to Scotland.’.

Secretary Ruth Kelly

Agreed to  222

Page  137,  line  5  [Clause  194],  leave out subsection (1) and insert—

‘(1)
This section and sections 189, 191, 193 and 195 come into force on the day on

which this Act is passed.’.

Secretary Ruth Kelly

Agreed to  223

Page  137,  line  17  [Clause  194],  leave out ‘so far as not brought into force by

subsection (1)’.

Secretary Ruth Kelly

Agreed to  224

Page  137,  line  18  [Clause  194],  leave out ‘so far as not brought into force by

subsection (1)’.

Secretary Ruth Kelly

Agreed to  56

Page  137,  line  19  [Clause  194],  leave out ‘except section 91’ and insert ‘(except

section 91), Part 4A of Schedule 15 and section 190 so far as relating to that Part of that

Schedule’.

Secretary Ruth Kelly

Agreed to  122

Page  137,  line  22  [Clause  194],  at end insert—

‘sections (Entities controlled etc by local authorities) to (Definition of

certain terms for purposes of other enactments: Wales) and

(consequential amendments)(3) and (4);’.

Report Stage Proceedings: 22nd May 2007
328

Local Government and Public Involvement, continued

Secretary Ruth Kelly

Agreed to  225

Page  137,  line  37  [Clause  194],  leave out subsection (6).

New SChedules

Secretary Ruth Kelly

Added  NS1

To move the following Schedule:—

‘Elections: consequential amendments

Local Government and Housing Act 1989 (c. 42)

1    (1)
Section 9 of the Local Government and Housing Act 1989 (assistants for

political groups) is amended as follows.

      (2)
In subsection (11), in paragraph (a) of the definition of “appropriate year”, for

“one in relation to which provision for whole council elections has been made

by virtue of section 7(4)(a) or 26(2)(a) of the Local Government Act 1972”

substitute “subject to whole council elections by virtue of Part 2 of the Local

Government and Public Involvement in Health Act 2007”.’.

Secretary Ruth Kelly

Added  NS2

To move the following Schedule:—

‘The Commission for Local Administration in England: minor and

consequential amendments

Part 1

Part 3 of Local Government Act 1974

1
Part 3 of the Local Government Act 1974 (c. 7) (Commission for Local

Administration in England) is amended in accordance with this Part of this

Schedule.

2
In section 23(12) (three-yearly reviews by the Commission), for “complaints”

substitute “matters”.

3    (1)
Section 26 (matters subject to investigation) is amended as follows.

      (2)
In subsection (6), for “person aggrieved” (in each place) substitute “person

affected”.

      (3)
In subsection (6A), for “any action taken in connection with the discharge by

an authority” substitute “any action taken by or on behalf of an authority in the

exercise”.

      (4)
In subsection (7), in paragraphs (aa), (a) (in both places) and (ba), for

“complaint” substitute “matter”.

      (5)
Omit subsection (10) (Local Commissioners’ discretion to investigate matters

etc).

Report Stage Proceedings: 22nd May 2007
329

Local Government and Public Involvement, continued

      (6)
In subsection (11)—

(a)
in paragraph (a), for “person aggrieved” substitute “person affected”;

(b)
omit paragraph (b).

      (7)
Omit subsections (12) and (13) (restrictions on investigating matters arising

before specified dates).

4    (1)
Section 28 (payments to complainants and persons assisting with

investigations) is amended as follows.

      (2)
In subsection (1)—

(a)
for “conduct an investigation pursuant to a complaint” substitute

“investigate a matter under this Part of this Act”;

(b)
after “who is alleged in the complaint” insert “(if any), or who

otherwise appears to the Local Commissioner,”;

(c)
for “the action complained of” substitute “the action which would be

the subject of the investigation”;

(d)
for “any allegations contained in the complaint” substitute “the

matter”.

      (3)
In subsection (2), for “such investigation” substitute “investigation under this

Part of this Act”.

      (4)
In subsection (3)—

(a)
after “the complaint” insert “(if any)”;

(b)
omit the words following paragraph (b).

      (5)
In subsection (4)—

(a)
after “the authority concerned” insert “or any other person”;

(b)
for “that authority” substitute “the authority concerned or any other

person”.

5    (1)
Section 29 (further provisions about investigations) is amended as follows.

      (2)
In subsection (6), omit “with the approval of the Minister for the Civil

Service”.

      (3)
In subsection (8), for “or any officer of the Commission assisting in the

performance” substitute “or any person discharging or assisting in the

discharge”.

6    (1)
Section 31A (consideration of adverse reports) is amended as follows.

      (2)
For subsections (1) to (2A) substitute—

“(1A)
Where a further report of a Local Commissioner under section 31(2A)

is considered by a person other than the appropriate listed authority

and it is proposed that—

(a)
no action should be taken on the report, or

(b)
the action recommended in the report should not be taken,


consideration of the report shall be referred to that authority.

(1B)
For the purposes of subsection (1A)—

(a)
“listed authority” means an authority mentioned in section

25(1) or specified in an order under subsection 25(2) (but does

not include a person mentioned in section 25(4) to (5)), and

(b)
a listed authority is the appropriate listed authority in relation

to a further report if the report relates to the authority (or to

any person with which the authority is connected for the

purposes of this Part of this Act by virtue of section 25(4) to

(5)).

(1C)
Subsection (1A) has effect subject to subsection (3).”

Report Stage Proceedings: 22nd May 2007
330

Local Government and Public Involvement, continued

      (3)
In subsection (3)—

(a)
for “subsections (1) and (2)” substitute “subsection (1A)”;

(b)
in paragraph (a), for “the said section 101, or” substitute “section 101

of the Local Government Act 1972,”;

(c)
for paragraph (b) substitute—

“(b)
a local fisheries committee constituted under the Sea

Fisheries Regulation Act 1966, or

(c)
an admission appeal panel or exclusion appeal panel

mentioned in section 25(5)(c) or (e),


and the report is considered by that committee or panel.”

      (4)
In subsection (5), for the words from the beginning to “shall vote” substitute

“No individual shall decide or vote”.

      (5)
Omit subsections (5A) and (6).

      (6)
In subsection (7)—

(a)
omit “Where the authority concerned is the Greater London

Authority,”;

(b)
for “the Authority” substitute “the Greater London Authority”;

(c)
for “the authority concerned (other than references to a member of the

authority concerned)” substitute “an authority”.

7    (1)
Section 32 (law of defamation and disclosure of information) is amended as

follows.

      (2)
In subsection (1)(a), for “any officer of the Commission” substitute “any

person discharging or assisting in the discharge of a function of a Local

Commissioner”.

      (3)
In subsection (1)(b)—

(a)
for “any officer of the Commission” substitute “any person

discharging or assisting in the discharge of a function of a Local

Commissioner”;

(b)
after “a complainant” insert “, or with the person affected in relation

to a matter,”.

      (4)
In subsection (1)(d), for “section 24” substitute “section 23A”.

      (5)
After subsection (1)(e) insert—

“(f)
the publication of any matter by inclusion in a report,

statement or summary published or supplied under section

31B.”

      (6)
In subsection (2)—

(a)
for “any officer of the Commission” substitute “any person

discharging or assisting in the discharge of a function of a Local

Commissioner”;

(b)
in paragraph (a), for “report to be made under section 30 or 31” insert

“report, statement or summary under section 30, 31 or 31B”;

(c)
in paragraph (b), for “an officer of the Commission” substitute “a

person discharging or assisting in the discharge of a function of Local

Commissioner”;

(d)
in the words following paragraph (c), for “the officers of the

Commission” substitute “persons discharging or assisting in the

discharge of a function of a Local Commissioner”.

      (7)
In subsection (3)—

(a)
for “any of the authorities mentioned in section 25(1) above”

substitute “any of the authorities to which this Part of this Act applies”;

Report Stage Proceedings: 22nd May 2007
331

Local Government and Public Involvement, continued

(b)
for “any member of the staff of the Commission who is allocated to

assist him” substitute “any person discharging or assisting in the

discharge of a function of a Local Commissioner”.

      (8)
After subsection (3A) (inserted by section 138) insert—

“(3B)
Section 25(4), (4A) and (5) do not apply for the purpose of subsection

(3).”

8    (1)
Section 33 (consultation with other Commissioners etc) is amended as follows.

      (2)
In subsection (1)—

(a)
for “the complaint relates partly to” substitute “the matters which are

the subject of the investigation include”;

(b)
for “about the complaint and” substitute “about the matter and, where

a complaint was made about the matter, he shall”.

      (3)
In subsection (2)—

(a)
for “a complaint under this Part of this Act” substitute “a matter under

investigation under this Part of this Act”;

(b)
for “any matter relating to the complaint” substitute “anything relating

to the matter”;

(c)
in paragraph (a), for “complaint” substitute “matter”.

9
In section 34(1) (interpretation of Part)—

(a)
in the definition of “member”, omit paragraphs (b) and (c);

(b)
for the definition of “person aggrieved” substitute—

““person affected”—

(c)
in relation to a matter which is the subject of a complaint made

or to be made under this Part of this Act, means the member of

the public who claims or is alleged to have sustained injustice in

consequence of the matter, and

(d)
in relation to a matter coming to the attention of a Local

Commissioner to which section 26D applies, means the member

of the public who the Local Commissioner considers has, or may

have, sustained injustice in consequence of the matter;”.

10  (1)
Schedule 4 (the Commission) is amended as follows.

      (2)
In paragraph 3 (remuneration etc of Commissioners and their officers)—

(a)
in sub-paragraph (1) omit “, with the approval of the Minister for the

Civil Service,”;

(b)
in sub-paragraph (2) omit “, with the consent of the Minister for the

Civil Service,”.

      (3)
In paragraph 4—

(a)
in sub-paragraph (2), for “complaints” substitute “matters”;

(b)
omit sub-paragraph (5).

11
In Schedule 5 (matters not subject to investigation), in paragraphs 2, 6, 7 and

8, after “taken by” insert “or on behalf of”.

Part 2

Other minor and consequential amendments

Local Government and Housing Act 1989 (c. 42)

12  (1)
The Local Government and Housing Act 1989 is amended as follows.

      (2)
In section 5 (reports of monitoring officer), in subsection (2)(b), for “injustice”

substitute “failure”.