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
336

Local Government and Public Involvement, continued

“(5)
In subsection (3) “an entity under the control of a local authority” has

the meaning given for the purposes of that subsection by order under

section (Definition of certain terms for purposes of other enactments:

Wales) of the Local Government and Public Involvement in Health

Act 2007.

(6)
But the Welsh Ministers may direct that an entity, or entities of a

particular description, are to be treated as not being under the control

of a local authority for the purposes of subsection (3).

(7)
A direction under subsection (6) may be given so as to apply—

(a)
for a period specified in the direction; or

(b)
subject to conditions so specified.

(8)
A direction under subsection (6) may be varied or revoked by a

subsequent direction under that subsection.

(9)
In subsection (6) “entity” means any entity, whether or not a legal

person.”’.

Secretary Ruth Kelly

Agreed to  57

Page  145  [Schedule  3],  leave out lines 22 to 24 and insert—

    ‘(2)
The executive arrangements may include provision specifying the number of

members (including the elected leader) who are to be elected to the executive

in accordance with section 11(3A) (the “specified membership”).

    (2A)
The specified membership—

(a)
must be 3 or more, but

(b)
must not be greater than the maximum number of members of the

elected executive (as determined under section 11(8) or regulations

under section 11(9)).

    (2B)
If the specified membership is 4 or more, the executive arrangements may also

include provision specifying the number of members of the executive that is to

be the minimum effective membership for the purposes of section 41(2).

    (2C)
The minimum effective membership that is specified—

(a)
must be the same as, or smaller than, the specified membership, but

(b)
must not be smaller than 3.

    (2D)
The executive arrangements may include provision specifying—

(a)
the minimum number of members (including the elected leader) who

are to be elected to the executive in accordance with section 11(3A)

(the “specified minimum membership”), and

(b)
the maximum number of members (including the elected leader) who

are to be elected to the executive in accordance with section 11(3A)

(the “specified maximum membership”).

    (2E)
The specified minimum membership must be 3 or more.

    (2F)
The specified maximum membership must not be more than the maximum

number of members of the elected executive (as determined under section

11(8) or regulations under section 11(9)).

    (2G)
If the specified minimum membership is 4 or more, the executive

arrangements may also include provision specifying the number of members

Report Stage Proceedings: 22nd May 2007
337

Local Government and Public Involvement, continued

of the executive that is to be the minimum effective membership for the

purposes of section 41(2).

    (2H)
The minimum effective membership that is specified—

(a)
must be the same as, or smaller than, the specified minimum

membership, but

(b)
must not be smaller than 3.

    (2I)
The executive arrangements may not include provision under sub-paragraph

(2) and provision under sub-paragraph (2D).’.

Secretary Ruth Kelly

Agreed to  226

Page  146,  line  34  [Schedule  4],  column 2, leave out ‘2007’ and insert ‘2009’.

Secretary Ruth Kelly

Agreed to  74

Page  160,  line  40  [Schedule  8],  at end insert—

‘Railways and Transport Safety Act 2003 (c. 20)

23A
In section 54 of the Railways and Transport Safety Act 2003 (performance

directions), for subsection (1) substitute—

“(1)
The Secretary of State may give a direction to the Authority—

(a)
specifying factors (“performance indicators”) by reference to

which the Authority’s performance in exercising functions

can be measured;

(b)
specifying standards (“performance standards”) to be met by

the Authority in relation to performance indicators specified

under paragraph (a).

(1A)
In specifying performance indicators and performance standards, and

in deciding whether to do so, the Secretary of State shall aim to

promote improvement of the way in which the functions of the

Authority are exercised, having regard to a combination of economy,

efficiency and effectiveness.

(1B)
A direction under subsection (1) may specify different performance

indicators or performance standards—

(a)
for different functions;

(b)
to apply at different times.

(1C)
The Secretary of State may give a direction to the Authority requiring

the Authority to—

(a)
specify performance indicators in relation to functions;

(b)
set targets for the performance of functions (“performance

targets”) by reference to performance indicators specified

under paragraph (a) or subsection (1)(a);

Report Stage Proceedings: 22nd May 2007
338

Local Government and Public Involvement, continued

(c)
set a plan of action to be taken for the purposes of meeting a

performance target.”.’

Secretary Ruth Kelly

Agreed to  227

Page  183,  line  38  [Schedule  15],  column 2, leave out ‘8(2)(c)’ and insert ‘8(2) and

(3)’.

Secretary Ruth Kelly

Agreed to  58

Page  184,  line  8  [Schedule  15],  at end insert—

‘Part 4A

Community strategies

Short title and chapter
Extent of repeal

Local Government Act 2000 (c.22)
Section 6(5) and (6).

Section 7(2) and (6).’.

Secretary Ruth Kelly

Agreed to  124

Page  184,  line  13  [Schedule  15],  at end insert—

‘National Health Service
In Schedule 1, paragraph 206.’.

(Consequential Provisions) Act

2006 (c. 43)

Secretary Ruth Kelly

Agreed to  59

Page  188,  line  31  [Schedule  15],  in column 2, at end insert—

‘In section 40(1), the words “(other than registered

social landlords in Wales)”.

Section 41A(1A).’.

Secretary Ruth Kelly

Agreed to  60

Page  189,  line  6  [Schedule  15],  in column 2, leave out ‘paragraph 31(a)’ and insert

Report Stage Proceedings: 22nd May 2007
339

Local Government and Public Involvement, continued

‘paragraphs 27(2)(b), 29(2) and 31’.

Secretary Ruth Kelly

Agreed to  125

Page  189,  line  31  [Schedule  15],  in column 2, at end insert—

‘In section 25—

(a)
in subsection (4A), paragraphs (b) and (c);

(b)
subsection (4B).

In section 26—

(a)
subsections (2) to (4);

(b)
subsection (10);

(c)
subsection (11)(b) (together with the “and”

immediately preceding it);

(d)
subsections (12) and (13).

Section 27(2).

In section 28(3), the words following paragraph (b).

In section 29(6), the words “with the approval of the

Minister for the Civil Service”.

In section 31A—

(a)
subsection (5A);

(b)
subsection (6);

(c)
in subsection (7), the words “Where the

authority concerned is the Greater London

Authority,”.

In section 34(1), in the definition of “member”,

paragraphs (b) and (c).’.

Secretary Ruth Kelly

Agreed to  126

Page  189,  line  32  [Schedule  15],  in column 2, after ‘Schedule 4’ insert—

  ‘(a)  in paragraph 1(1)(b), the words “or is a

      member (by co-option) of a committee of

      any of those authorities”;

     (b)  in paragraph 3(1), the words “, with the

        approval of the Minister for the Civil

        Service,”;

     (c)  in sub-paragraph 3(2), the words “, with the

       consent of the Minister for the Civil

       Service,”;

   (d)  ’.

Secretary Ruth Kelly

Agreed to  127

Page  189,  line  32  [Schedule  15],  at end insert—

‘Local Government Act 1988 (c. 9)
In Schedule 3, paragraph 5(2), (3), (6) and (7).’

Report Stage Proceedings: 22nd May 2007
340

Local Government and Public Involvement, continued

Secretary Ruth Kelly

Agreed to  128

Page  189,  line  34  [Schedule  15],  at end insert—

‘Environment Act 1995 (c. 25)
In Schedule 7, paragraph 18(3).

Greater London Authority Act
In Schedule 18, paragraph 16(3).’

1999 (c. 29)

Secretary Ruth Kelly

Agreed to  129

Page  189,  line  38  [Schedule  15],  in column 2, at end insert—


‘( )  paragraph 13(2), (3) and (4);’.

Philip Davies

Not called  264

Page  190  [Schedule  15],  leave out lines 20 to 24 and insert—

‘Sections 57 to 80.

Schedule 4.’.

Secretary Ruth Kelly

Agreed to  130

Page  190,  line  24  [Schedule  15],  at end insert—

‘Part 13A

Entities controlled etc by local authorities

Short title and chapter
Extent of repeal

Prevention of Corruption Act 1916
In section 4(2), the words from “and companies” to

(c. 64)
“local authorities”.

Local Government and Housing
Part 5.

Act 1989 (c. 42)

Local Government Act 2003 (c.
In section 95(4), the words from “within” to the

26)
end.’.

Bill read the third time on division, and passed.