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| | new clauses and new amendments relating to part 8 |
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| | | Registered social landlords |
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| | To move the following Clause:— |
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| | | ‘(1) | In section 40(1) of the Audit Commission Act 1998 (c. 18) (studies relating to |
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| | | registered social landlords), omit “(other than registered social landlords in |
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| | | (2) | In section 41A of that Act (inspections of registered social landlords), omit |
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| | | subsection (1A) (registered social landlords in Wales). |
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| | | (3) | After section 41B of that Act insert— |
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| | | “41C | Advice and assistance for registered social landlords |
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| | | (1) | The Commission may, if it thinks it appropriate to do so, provide advice |
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| | | or assistance to a registered social landlord for the purpose of the exercise |
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| | | by the registered social landlord of its functions. |
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| | | (2) | Advice or assistance under this section may be provided on such terms, |
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| | | including terms as to payment, as the Commission thinks fit.” |
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| | | (4) | Omit section 42 of that Act (consultancy services relating to audit of accounts of |
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| | | registered social landlords). |
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| | | (5) | For section 43 of that Act substitute— |
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| | | “43 | Meaning of “registered social landlord” |
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| | | In sections 40 to 41C, “registered social landlord” means a body |
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| | | registered as a social landlord under Part 1 of the Housing Act 1996, |
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| | | other than a body mentioned in any of paragraphs (a) to (c) of section |
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| | | 56(2) of that Act (bodies registered in Wales).”’. |
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| | | Registered social landlords in Wales |
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| | To move the following Clause:— |
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| | | ‘After section 145C of the Government of Wales Act 1998 (c. 38) insert— |
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| | | “145D | Advice and assistance for registered social landlords |
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| | | (1) | The Auditor General for Wales may, if he thinks it appropriate to do so, |
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| | | provide advice or assistance to a registered social landlord in Wales for |
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| | | the purpose of the exercise by the registered social landlord of its |
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| | | (2) | Advice or assistance under this section may be provided on such terms |
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| | | and conditions, including conditions as to payment, as the Auditor |
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| | | General for Wales thinks fit. |
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| | | (3) | This section has effect without prejudice to paragraph 21 of Schedule 8 |
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| | | to the Government of Wales Act 2006 (arrangements between Auditor |
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| | | General for Wales and certain bodies). |
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| | | (4) | In this section, “registered social landlord in Wales” means a body which |
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| | | (a) | registered as a social landlord under Chapter 1 of Part 1 of the |
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| | | (b) | mentioned in any of paragraphs (a) to (c) of section 56(2) of that |
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| | Page 86, line 13 [Clause 119], after ‘before’ insert ‘the italic heading preceding’. |
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| | Page 89, line 8 [Clause 124], leave out from ‘Authority)’ to end of line 13. |
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| | Page 90, line 5 [Clause 126], at end insert— |
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| | | ‘(5) | The Secretary of State may by order amend the definition of “English |
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| | | local authority” in subsection (4) by adding any authority or body which |
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| | | is a best value authority, other than— |
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| | | (a) | an authority or body which is a Welsh best value authority for the |
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| | | purposes of Part 1 of the Local Government Act 1999; |
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| | | (b) | a police authority for a police area in Wales. |
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| | | (6) | The Secretary of State may by order remove from that definition any |
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| | | authority or body for the time being mentioned in it. |
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| | | (7) | The powers in subsections (5) and (6) may be exercised to add or remove |
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| | | an authority or body to the extent that it acts in a capacity, or exercises |
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| | | functions, specified in the order. |
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| | | (8) | Before making an order under subsection (5) or (6) the Secretary of State |
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| | | must consult the best value authorities concerned or persons appearing to |
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| | | him to represent the best value authorities concerned.”’. |
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| | Page 90, line 9, leave out Clause 127. |
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| | That Clause 134 be transferred to the end of line 37 on page 91. |
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| | new clauses and amendments relating to part 1 |
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| | | Pre-commencement invitations etc |
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| | To move the following Clause:— |
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| | | ‘(1) | In this section a “pre-commencement invitation” means an invitation given by the |
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| | | Secretary of State before the commencement of this Chapter which, after that |
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| | | commencement, could have been given under the power in section 2. |
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| | | (2) | If before the commencement of this Chapter— |
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| | | (a) | a pre-commencement invitation was given, |
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| | | (b) | guidance as to what a proposal should seek to achieve, or as to matters |
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| | | that should be taken into account in formulating a proposal, was given by |
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| | | the Secretary of State in connection with such an invitation, |
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| | | (c) | a proposal was made in response to such an invitation, or |
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| | | (d) | consultation was carried out by the Secretary of State in relation to such |
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| | | | it is immaterial that the invitation or guidance was given, the proposal made, or |
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| | | the consultation carried out, before rather than after the commencement of this |
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| | | (3) | Accordingly (and without prejudice to the generality of subsection (2))— |
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| | | (a) | any reference in this Chapter to an invitation under section 2 includes a |
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| | | pre-commencement invitation; |
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| | | (b) | any reference in this Chapter to a proposal made by virtue of section 2 |
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| | | includes a proposal (whenever made) made in response to a pre- |
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| | | (c) | any reference in this Chapter to the Secretary of State’s receiving a |
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| | | proposal in response to an invitation under section 2 includes his |
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| | | receiving before the commencement of this Chapter a proposal made in |
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| | | response to a pre-commencement invitation.’. |
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| | | Referendum in case of proposals for single tier of local government |
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| | To move the following Clause:— |
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| | | ‘(1) | In any proposals under sections 2 or 5 for a single tier of local government, the |
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| | | Secretary of State must hold a referendum on the proposals before taking any |
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| | | (2) | If the result of a referendum under subsection (1) is to reject the Secretary of |
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| | | State’s proposals under sections 2 or 5, the Secretary of State may not implement |
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| | | (3) | The Secretary of State must make regulations to specify the arrangements for any |
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| | | referendum required under this section.’. |
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| | Page 2, line 43 [Clause 2], at end insert— |
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| | | ‘(9) | Subsection (1) is subject to section 3(1).’. |
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| | Page 3, line 2 [Clause 3], leave out subsection (1) and insert— |
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| | | ‘(1) | A direction under section 2— |
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| | | (a) | may not be given after 25 January 2008; and |
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| | | (b) | may be given on or before that date only where the Secretary of State |
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| | | believes that giving the direction would be in the interests of effective |
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| | | and convenient local government.’. |
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| | Page 3, line 24 [Clause 3], at end insert— |
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| | | ‘(8) | But a direction under section 2 may not be varied after 25 January 2008 if— |
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| | | (a) | the direction as originally given required the making of a Type A or Type |
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| | | (b) | the direction as varied would require or permit the making of a Type C or |
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| | Page 3, line 26 [Clause 4], leave out from ‘proposal’ to ‘under’ in line 27 and insert |
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| | ‘in response to an invitation or direction’. |
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| | Page 3, line 29 [Clause 4], leave out subsections (2) to (4). |
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| | Page 5, line 30 [Clause 7], leave out subsection (2) and insert— |
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| | | ‘(2) | But where the Secretary of State has made a request under section 4 in relation to |
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| | | the proposal received in response to the invitation or direction, he may not make |
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| | | an order or decision under this section before the end of six weeks beginning with |
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| | | the relevant date (as defined by section 6(7)). |
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| | | (3) | The Secretary of State may not in any case make an order under subsection (1)(a) |
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| | | implementing a proposal unless he has consulted the following about the |
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| | | (a) | every authority affected by the proposal (except the authority or |
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| | | authorities which made it); and |
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| | | (b) | any other person he believes to have an interest. |
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| | | (4) | For the purposes of this section an authority is “affected by” a proposal if it is a |
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| | | principal authority for an area which is, or any part of which is, in an area that the |
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| | | proposal suggests should have a single tier of local government. |
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| | | (5) | Subsection (3) does not apply if the proposal was made jointly by every authority |
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| | | affected by it, and in that case the Secretary of State may before making an order |
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| | | under subsection (1)(a) consult any other person he believes to have an interest.’. |
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| | Page 7, line 21 [Clause 10], at end insert— |
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| | | ‘(3) | Before doing as mentioned in any of those paragraphs the Secretary of State may |
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| | | request the Boundary Committee to provide him with additional information or |
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| | | (4) | Where they receive such a request the Boundary Committee may provide the |
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| | | information or advice requested.’. |
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| | Page 8, line 17 [Clause 11], leave out ‘7’ and insert ‘7(1)(a)’. |
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| | Page 11, line 27 [Clause 16], at end insert— |
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| | | ‘(6) | In this section “public body” includes a parish council.’. |
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| | Page 13, line 15, leave out Clause 20. |
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| | Page 13, line 26 [Clause 20], at end insert— |
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| | | ‘(3) | In subsection (2) “public body” includes a parish council.’. |
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| | Page 13, line 27, leave out Clause 21. |
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| | Page 15, line 28 [Clause 24], at end insert— |
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| | | ‘(5) | Nothing in this chapter nor in any direction from the Secretary of State shall |
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| | | restrict a relevant authority from utilising their financial reserves to reduce their |
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| | | budget requirement for council tax purposes.’. |
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| | Page 16, line 23 [Clause 27], leave out ‘31 December 2006’ and insert ‘the |
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| | commencement date of this Part’. |
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| | Page 16, line 32 [Clause 27], leave out ‘31 December 2006’ and insert ‘the |
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| | commencement date of this Part’. |
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| | new clauses and amendments relating to part 9 |
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| | | Responsibilities of Commissioners |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 23 of the Local Government Act 1974 (c. 7) (appointment and removal |
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| | | of Commissioners) is amended as follows. |
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| | | (2) | For subsections (8) and (9) (allocation of cases by geographic area) substitute— |
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| | | “(8A) | The Commission must— |
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| | | (a) | divide the matters which may be investigated under this Part of |
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| | | this Act into such categories as they consider appropriate, and |
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| | | (b) | allocate, or make arrangements for allocating, responsibility for |
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| | | each category of matter to one or more of the Local |
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| | | (3) | In subsection (10)(a), for “to accept cases for which they are not responsible” |
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| | | substitute “to deal with matters for which they do not have responsibility pursuant |
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| | To move the following Clause:— |
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