House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Local Government and Public Involvement in Health Bill
[The page and line references are to HL Bill 74, the bill as first printed for the Lords.]
Clause 5
1
Page 4, line 28, leave out “not currently a local government area” and insert

“currently outside all local government areas”
Clause 7
2
Page 5, line 34, leave out paragraph (b) and insert—

“(b)
such other persons as he considers appropriate.”
3
Page 5, line 40, after “(1)(a)” insert “(or deciding not to)”
4
Page 5, line 40, leave out from “consult” to end of line 41 and insert “such other

persons as he considers appropriate”
5
Page 5, line 41, at end insert—

“(6)
In any case where he has received an alternative proposal from the

Boundary Committee under section 5, the Secretary of State may request

the Boundary Committee to provide him with information or advice on

any matter relating to the proposal.

(7)
Where they receive such a request the Boundary Committee may provide

the information or advice requested.”
Clause 8
6
Page 6, line 6, leave out subsection (2) and insert—

“(2)
Where they have conducted a review under this section the Boundary

Committee may (subject to subsection (4)) recommend to the Secretary of

State such boundary change as in consequence of the review seems to them

desirable.”
7
Page 6, line 11, leave out “subsection (2)” and insert “this section”

2
8
Page 6, leave out line 16
9
Page 6, line 29, leave out “not currently a local government area” and insert

“currently outside all local government areas”
10
Page 6, line 30, at end insert—

“(e)
a change whose effect would be that England (excluding the Isles of

Scilly, the City of London, the Inner Temple and the Middle

Temple) is no longer divided into areas each of which is—

(i)
a county divided into districts, or comprising one district; or

(ii)
a London borough.”
11
Page 6, line 30, at end insert—

“(4A)
Where the Boundary Committee have conducted a review under this

section and consider that no boundary change is desirable, they may

recommend to the Secretary of State that no boundary change should be

made.

(4B)
In considering whether (and, if so, what) boundary change is desirable, the

Boundary Committee must have regard to—

(a)
the need to secure effective and convenient local government; and

(b)
the need to reflect the identities and interests of local communities.”
12
Page 6, line 31, leave out “(1) or (2)” and insert “(1), (2), (4A) or (4B),”
Clause 10
13
Page 7, line 25, leave out “8” and insert “8(2)”
14
Page 7, line 29, at end insert—

“(1A)
Where the Boundary Committee make a recommendation to the Secretary

of State under section 8(4A) the Secretary of State may—

(a)
make a request under section 8 for a further review; or

(b)
decide not to make such a request.
15
Page 7, line 31, after “(1)” insert “or paragraph (a) or (b) of subsection (1A)”
16
Page 7, line 34, leave out “additional information or advice” and insert

“information or advice on any matter relating to the recommendation”
Clause 11
17
Page 7, line 41, leave out from “purpose” to “for” in line 42 and insert “of

implementing a proposal or recommendation or in connection with the

implementation of a proposal or recommendation,”
18
Page 8, line 3, at end insert “and “implementation” is to be read accordingly”
19
Page 8, line 41, leave out “not currently a local government area” and insert

“currently outside all local government areas”
Clause 12
20
Page 8, line 44, after “authority” insert “or parish council”
21
Page 9, line 7, leave out paragraph (g)

3
22
Page 9, line 11, leave out “existing councillors” and insert “members of an existing

local authority”
Clause 15
23
Page 11, line 12, after “made” insert “at any time”
Clause 33
24
Page 19, line 17, after “meeting” insert “which is”
25
Page 19, line 17, after “purpose” insert “of deciding the resolution with notice of

the object”
26
Page 19, line 19, at end insert—

“( )
In subsection (3) the reference to the members of the council includes in a

case where the council are operating a mayor and cabinet executive, the

elected mayor of the council.”
27
Page 19, line 24, leave out “1 October” and insert “the day after that council’s

annual meeting”
28
Page 19, line 28, leave out “1 October” and insert “the day after that council’s

annual meeting”
Clause 38
29
Page 21, line 21, after “meeting” insert “which is”
30
Page 21, line 21, after “purpose” insert “of deciding the resolution with notice of

the object”
31
Page 21, line 23, at end insert—

“( )
In subsection (3) the reference to the members of the council includes in a

case where the council are operating a mayor and cabinet executive, the

elected mayor of the council.”
32
Page 21, line 25, leave out “1 October” and insert “the day after that council’s

annual meeting”
Clause 40
33
Page 22, line 7, after “meeting” insert “which is”
34
Page 22, line 7, after “purpose” insert “of deciding the resolution with notice of the

object”
35
Page 22, line 9, at end insert—

“( )
In subsection (3) the reference to the members of the council includes in a

case where the council are operating a mayor and cabinet executive, the

elected mayor of the council.”
36
Page 22, line 12, leave out “1 October” and insert “the day after that council’s

annual meeting”
37
Page 22, line 15, leave out “1 October” and insert “the day after that council’s

annual meeting”

4

Clause 54
38
Page 27, line 12, leave out “(1)(a)” and insert “(1)”
Clause 56
39
Page 29, line 6, leave out from “that” to end of line 8 and insert “each ward in the

district returns an appropriate number of councillors.”
40
Page 29, line 17, leave out from “councillors” to “is” in line 18 and insert “returned

by a ward”
Clause 57
41
Page 29, line 31, at end insert—

“( )
In section 15 (procedure on a review)—

(a)
in subsection (1)—

(i)
at the end of paragraph (a) insert “and”;

(ii)
omit paragraph (c) and the word “and” immediately

preceding it;

(b)
omit subsection (2);

(c)
in subsection (3)—

(i)
omit paragraph (a);

(ii)
in paragraph (b) after “prepare” insert “and publish”;

(iii)
at the end of paragraph (b) insert “and”;

(iv)
omit paragraph (c);

(d)
for subsections (4) and (5) substitute—

“(4)
In conducting a review, the Boundary Committee for

England may at any time before publishing draft

recommendations consult such persons as they consider

appropriate.

(5)
As soon as the Boundary Committee for England are in a

position to submit recommendations to the Electoral

Commission they must—

(a)
submit them; and

(b)
publish the recommendations and take such steps as

they consider sufficient to secure that persons who

may be interested in the recommendations are

informed of them.”;

(e)
in subsection (6)—

(i)
for “the report on a review is” substitute “recommendations

are”;

(ii)
for “(4) above” substitute “(5) above”;

(iii)
in paragraph (a), omit the words “a further report under

subsection (4) containing”;

(iv)
in paragraph (b), for “report relates” substitute

“recommendations relate”;

(f)
after subsection (6) insert—

“(6A)
Where the Boundary Committee for England submit

recommendations under subsection (6)(a), they must

publish the recommendations and take such steps as they

5

consider sufficient to secure that persons who may be

interested in the recommendations are informed of them.”;

(g)
omit subsection (8).

( )
Omit section 15A.

( )
In section 17(2) (implementation of recommendations by order), omit the

words “or the submission of a report”.”
Clause 59
42
Page 30, line 9, at end insert—

“(1A)
A local authority must comply with subsections (1B) to (3) in passing a

resolution to change the name of an electoral area.

(1B)
The local authority must not pass the resolution unless it has taken

reasonable steps to consult such persons as it considers appropriate on the

proposed name.”
43
Page 30, line 10, leave out from beginning to “at” and insert—

“(2)
The resolution must be passed—

(a)
”
44
Page 30, line 12, at end insert “, and

(b)
by a majority of at least two thirds of the members voting on it.”
45
Page 30, line 13, leave out “an” and insert “the”
46
Page 30, line 13, leave out “a resolution to change the name” and insert “the”

resolution”
47
Page 30, line 33, at end insert—

“( )
In subsection (2) the reference to the members of the council includes in a

case where the council are operating a mayor and cabinet executive, the

elected mayor of the council.”
Clause 60
48
Page 31, leave out lines 23 and 24 and insert—

“(3)
An order under subsection (1) must relate to a single year and must be

made at least six months before—

(a)
the local election day in that year, or

(b)
if earlier, the date of the poll at the European Parliamentary general

election in that year.

(3A)
For this purpose “the local election day” in a particular year is—

(a)
the first Thursday in May, or

(b)
if an order has been made under section 37(1)(b) (power to change

date of council and Assembly elections) in relation to that year, the

day specified in the order.”
49
Page 31, line 28, leave out “or bodies”
50
Page 32, leave out lines 12 and 13 and insert—

6

“(3)
An order under subsection (1) must relate to a single year and must be

made at least six months before—

(a)
the local election day in that year, or

(b)
if earlier, the date of the poll at the European Parliamentary general

election in that year.

(3A)
For this purpose “the local election day” in a particular year is—

(a)
the first Thursday in May, or

(b)
if an order has been made under section 37(1)(b) (power to change

date of council and Assembly elections) in relation to that year, the

day specified in the order.”
51
Page 32, line 17, leave out “or bodies”
Clause 62
52
Page 33, line 28, leave out subsection (6)
53
Page 33, line 39, leave out subsection (9)
Clause 63
54
Page 34, line 17, at end insert “or”
55
Page 34, line 18, leave out from “(England),” to end of line 19
56
Page 34, leave out line 36
Clause 64
57
Page 35, leave out lines 16 to 31 and insert—

“33C
  Alternative arrangements: move to executive arrangements

A local authority in England which is operating alternative arrangements

may—

(a)
cease to operate alternative arrangements, and

(b)
start to operate executive arrangements.”
58
Page 35, leave out lines 36 to 38
59
Page 35, line 41, leave out from “arrangements” to end of line 1 on page 36
60
Page 36, line 11, at end insert—

“(4A)
The proposals may provide for the change in governance arrangements to

be subject to approval in a referendum.”
61
Page 37, line 8, leave out from “(England):” to end of line 11 and insert “the

appropriate elections of councillors;”
62
Page 37, leave out line 13
63
Page 37, line 13, at end insert—

“(5)
For the purposes of subsection (4)(a), the “appropriate elections of

councillors” are the elections determined in accordance with whichever of

the following paragraphs is applicable—

7

(a)
if the local authority is currently operating a mayor and cabinet

executive, the “appropriate elections of councillors” are the

ordinary elections of councillors of the local authority held on the

day on which the next ordinary election of a mayor or elected

executive was expected to be held when the resolution to make the

change in governance arrangements was passed;

(b)
if the local authority—

(i)
is not currently operating a mayor and cabinet executive,

and

(ii)
is required to pass the resolution to make the change in

governance arrangements during a permitted resolution

period,


the “appropriate elections of councillors” are the first ordinary

elections of councillors of the local authority to be held after the end

of the permitted resolution period in which the resolution is passed;

(c)
if the local authority—

(i)
is not currently operating a mayor and cabinet executive,

and

(ii)
is not required to pass the resolution to make the change in

governance arrangements during a permitted resolution

period,


the “appropriate elections of councillors” are the first ordinary

elections of councillors of the local authority to be held after the

resolution is passed.”
64
Page 37, line 22, after “33D” insert “or in regulations under section 34, 35 or 36”
65
Page 37, line 31, after second “executive” insert “: general requirements”
66
Page 38, line 1, leave out from beginning to end of line 10
67
Page 38, leave out line 11 and insert “Changes subject to approval in a

referendum: additional requirements”
68
Page 38, line 12, leave out from “arrangements” to end of line 17 and insert “if—

(a)
the change is of the kind set out in section 33A (new form of

executive) or section 33C (move to executive arrangements), and

(b)
the change is subject to approval in a referendum.”
69
Page 38, line 22, at end insert—

“(3A)
Any such resolution must be passed within the period of 28 days beginning

with the day when the referendum is held.

(3B)
Any such resolution must be passed at a meeting which is specially

convened for the purpose of deciding the resolution with notice of the

object.”
70
Page 38, line 32, leave out from beginning to end of line 41 and insert—

“33L
  Change not subject to approval in a referendum: additional requirements

(1)
This section applies to a change of governance arrangements if—

(a)
the change is of the kind set out in section 33A (new form of

executive) or section 33C (move to executive arrangements), and

(b)
the change is not subject to approval in a referendum.