House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

15

appropriate) applies to the chairman and vice-chairman of that

council as the subsection would apply in the case of the council of

an individual parish.””
111
Page 52, line 34, at end insert—

“(9)
If parishes which have an alternative style are grouped under a

common parish council, subsection (6), (7) or (8) (as appropriate)

applies to the councillors of that council as the subsection would

apply in the case of the council of an individual parish.””
112
Page 53, line 5, at end insert “or 12B”
113
Page 53, line 8, after “12A” insert “or 12B”
114
Page 53, line 9, after “12A” insert “or 12B”
Clause 82
115
Page 55, line 23, leave out “area to which the petition relates” and insert “petition

area”
116
Page 55, line 26, leave out “area to which the petition relates” and insert “petition

area”
117
Page 55, line 29, leave out “area to which the petition relates” and insert “petition

area”
Clause 85
118
Page 56, line 29, leave out paragraphs (a) and (b) and insert—

“(a)
a principal council is not in the course of undertaking a community

governance review;

(b)
the council receives a community governance petition which relates

to the whole or part of the council’s area.”
Clause 86
119
Page 57, line 3, leave out paragraphs (a) to (c) and insert—

“(a)
a principal council is in the course of undertaking a community

governance review of part of the council’s area (“the current

review”);

(b)
the council receives a community governance petition which relates

to part of the council’s area;

(c)
the petition area is wholly outside the area under review.”
Clause 87
120
Page 58, line 4, leave out subsection (4) and insert—

“(4)
The third case is where these conditions are met—

(a)
a principal council is in the course of undertaking a community

governance review of part of the council’s area;

(b)
the council receives a community governance petition which relates

to part of the council’s area;

(c)
the petition area is not wholly outside the area under review.

16

(5)
The fourth case is where these conditions are met—

(a)
a principal council is in the course of undertaking a community

governance review of part of the council’s area;

(b)
the council receives a community governance petition which relates

to the whole of the council’s area.

(6)
The fifth case is where these conditions are met—

(a)
a principal council is in the course of undertaking a community

governance review of the whole of the council’s area;

(b)
the council receives a community governance petition which relates

to the whole or part of the council’s area.”
Clause 88
121
Page 58, line 21, after “revoke” insert “a provision of”
Clause 89
122
Page 58, line 39, leave out “available” and insert “unparished”
123
Page 58, line 40, leave out from “aggregating” to end of line 41 and insert “one or

more unparished areas with one or more parished areas.”
124
Page 59, line 3, at end insert—


“but the aggregation of one or more unparished areas with a single parish

is not the constitution of a new parish.”
125
Page 59, line 4, after “(2)” insert—

““parished area” means an area which—

(a)
is a parish, or

(b)
is part of a parish,”
126
Page 59, line 4, leave out “available” and insert “unparished”
Clause 90
127
Page 59, line 16, at end insert “(if any)”
128
Page 59, line 34, at end insert—

“(b)
references to the alteration of an area of a parish are references to

any alteration which is not the constitution of a new parish (within

the meaning of section 89(2)).”
Clause 95
129
Page 61, line 23, at end insert—

“(6A)
As soon as practicable after making any recommendations, the principal

council must—

(a)
publish the recommendations; and

(b)
take such steps as it considers sufficient to secure that persons who

may be interested in the review are informed of those

recommendations.”

17

Clause 96
130
Page 61, line 36, at end insert—

“( )
But subsection (3) does not apply if any part of the parish mentioned in

subsection (1) is currently—

(a)
a parish which has a council, or

(b)
part of such a parish.”
131
Page 61, line 37, leave out “In any other case” and insert “If neither subsection (2)

nor (3) applies”
Clause 98
132
Page 62, line 40, leave out subsections (2) and (3) and insert—

“( )
As soon as practicable after a principal council has decided to what extent

it will give effect to the recommendations made in a community

governance review, the council must—

(a)
publish—

(i)
that decision, and

(ii)
the council’s reasons for making that decision; and

(b)
take such steps as the council considers sufficient to secure that

persons who may be interested in the review are informed of that

decision and those reasons.”
133
Page 63, line 5, leave out “gives effect to the review” and insert “makes a

reorganisation order”
134
Page 63, line 6, at beginning insert “As soon as practicable after making the order,”
135
Page 63, line 12, leave out from “publicise” to end of line 13
136
Page 63, line 16, leave out “a reorganisation” and insert “the”
Clause 102
137
Page 65, line 17, after “to” insert “recommendations made in”
Clause 104
138
Page 66, line 24, leave out “the notice required by 98(3)” and insert “the

recommendations made in the review”
Clause 117
139
Page 74, line 14, after “England”;” insert—

“( )
in subsection (2)(a) and (b), after “authorities” insert “in England”;

( )
in subsection (2)(c), after “authority” insert “in England”;”
140
Page 75, line 7, at end insert—

“( )
After section 9 insert—

“9A
Procedure for orders under section 7

(1)
Before the Welsh Ministers make an order under section 7 they

must consult—

18

(a)
such local authorities in Wales,

(b)
such representatives of local government in Wales, and

(c)
such other persons (if any),


as appear to them to be likely to be affected by their proposals.

(2)
If, following consultation under subsection (1), the Welsh Ministers

propose to make an order under section 7 they must lay before the

National Assembly for Wales a document which—

(a)
explains their proposals,

(b)
sets them out in the form of a draft order, and

(c)
gives details of consultation under subsection (1).

(3)
Where a document relating to proposals is laid before the National

Assembly for Wales under subsection (2), no draft of an order

under section 7 to give effect to the proposals (with or without

modifications) is to be laid before the National Assembly for Wales

until after the expiry of the period of sixty days beginning with the

day on which the document was laid.

(4)
In calculating the period mentioned in subsection (3) no account is

to be taken of any time during which the National Assembly is

dissolved or is in recess for more than four days.

(5)
In preparing a draft order under section 7 the Welsh Ministers must

consider any representations made during the period mentioned in

subsection (3).

(6)
A draft order under section 7 which is laid before the National

Assembly for Wales must be accompanied by a statement of the

Welsh Ministers giving details of—

(a)
any representations considered in accordance with

subsection (5), and

(b)
any changes made to the proposals contained in the

document laid before the National Assembly for Wales

under subsection (2).

(7)
Nothing in this section applies to an order under section 7 which is

made only for the purpose of amending an earlier order under that

section—

(a)
so as to extend the earlier order, or any provision of the

earlier order, to a particular authority or to authorities of a

particular description, or

(b)
so that the earlier order, or any provision of the earlier

order, ceases to apply to a particular authority or to

authorities of a particular description.””
Clause 120
141
Page 76, line 26, leave out “This section” and insert “Subsection (2)”
142
Page 76, line 34, at end insert—

“( )
The Offender Management Act 2007 (c. 21) is amended as follows.

( )
In paragraph 5 of Schedule 3 (which adds functions of the Secretary of State

in relation to probation services to the functions in relation to which the

Secretary of State is a partner authority)—

19

(a)
in sub-paragraph (1), for “Section 80” substitute “Section 106”;

(b)
in sub-paragraph (2), for “subsection (3)(g)” substitute “subsection

(4)(i)”; and

(c)
in sub-paragraph (3), in the inserted subsection (5A), for

“subsection (3)(g)(iv)” substitute “subsection (4)(i)(iv)”.

( )
In Part 1 of Schedule 5 (repeals relating to probation services), in the entry

relating to this Act—

(a)
for “section 80(3)” substitute “section 106(4)”; and

(b)
for “(g)(ii)” substitute “(i)(ii)”.”
Clause 123
143
Page 79, line 35, leave out from “matters” to end of line 36 and insert “in relation to

which the committee has functions under or by virtue of section 19.””
Clause 124
144
Page 80, line 10, leave out “under subsection (6)” and insert “by virtue of

subsection (3)(a)”
145
Page 81, line 4, leave out “under subsection (6)” and insert “by virtue of

subsection(3)(a)”
Clause 125
146
Page 84, line 29, leave out “under subsection (6)” and insert “by virtue of

subsection (3)(a)”
After Clause 127
147
Insert the following new Clause—


“Reference of local crime and disorder matters to crime and disorder committees

etc

(1)
The Police and Justice Act 2006 (c. 48) is amended as follows.

(2)
In section 19 (local authority scrutiny of crime and disorder matters), for

subsections (3) to (8) substitute—

“(3)
A local authority must—

(a)
ensure that its crime and disorder committee has power

(whether by virtue of section 21(2) of the Local Government

Act 2000 or regulations made under section 32(3) of that Act

or otherwise) to make a report or recommendations to the

local authority with respect to any matter which is a local

crime and disorder matter in relation to a member of the

authority, and

(b)
make arrangements which enable any member of the

authority who is not a member of the crime and disorder

committee to refer any local crime and disorder matter to

the committee.

(4)
For the purposes of subsection (3)(b), arrangements enable a person

to refer a matter to a committee if they enable him to ensure that the

20

matter is included in the agenda for, and discussed at, a meeting of

the committee.

(5)
Subsections (6) and (7) apply where a local crime and disorder

matter is referred to a crime and disorder committee by a member

of a local authority in accordance with arrangements made under

subsection (3)(b).

(6)
In considering whether or not to make a report or

recommendations to the local authority in relation to the matter, the

committee may have regard to—

(a)
any powers which the member may exercise in relation to

the matter by virtue of section 235 of the Local Government

and Public Involvement in Health Act 2007 (exercise of

functions by local councillors in England), and

(b)
any representations made by the member as to why it

would be appropriate for the committee to exercise any

power which it has by virtue of subsection (3)(a) in relation

to the matter.

(7)
If the committee decides not to make a report or recommendations

to the local authority in relation to the matter, it must notify the

member of—

(a)
its decision, and

(b)
the reasons for it.

(8)
Where a crime and disorder committee of a local authority makes a

report or recommendations to the authority by virtue of subsection

(3)(a), it must—

(a)
provide a copy of the report or recommendations to any

member of the authority who referred the local crime and

disorder matter in question to the committee in accordance

with arrangements made under subsection (3)(b), and

(b)
provide a copy of the report or recommendations to such

of—

(i)
the responsible authorities, and

(ii)
the co-operating persons and bodies,


as it thinks appropriate.

(8A)
Subsection (8B) applies where the crime and disorder committee of

a local authority—

(a)
makes a report or recommendations to the authority by

virtue of subsection (3)(a), or

(b)
provides a copy of a report or recommendations under

subsection (2) or (8)(b).

(8B)
Where this subsection applies—

(a)
the crime and disorder committee must notify the authority,

body or person to whom it makes the report or

recommendations or provides the copy that paragraph (b)

applies, and

(b)
the authority, body or person must—

(i)
consider the report or recommendations;

(ii)
respond to the committee indicating what (if any)

action it proposes to take;

21

(iii)
have regard to the report or recommendations in

exercising its functions.”

(3)
In subsection (9)(b), for “subsection (1)(b) or (6)” substitute “this section”.

(4)
In subsection (11)—

(a)
after the definition of “crime and disorder functions” insert—

“electoral area” has the meaning given by section

203(1) of the Representation of the People Act 1983;”,

and

(b)
for the definition of “local crime and disorder matter” substitute—

“local crime and disorder matter”, in relation to a

member of a local authority, means a matter

concerning—

(a)
crime and disorder (including in particular

forms of crime and disorder that involve

anti-social behaviour or other behaviour

adversely affecting the local environment),

or

(b)
the misuse of drugs, alcohol and other

substances,

which affects all or part of the electoral area for

which the member is elected or any person who lives

or works in that area.”

(5)
Section 20 (guidance and regulations regarding crime and disorder

matters) is amended as follows.

(6)
In subsections (1) and (2), after “under” insert “or by virtue of”.

(7)
In subsection (5), omit—

(a)
paragraph (f); and

(b)
sub-paragraphs (i) to (iii) of paragraph (g).”
Clause 128
148
Page 86, line 42, at end insert—

“( )
in subsection (2), after “their overview and scrutiny committees”

insert “, and any joint overview and scrutiny committees,”;

( )
after that subsection insert—

“(2A)
In subsection (2), “joint overview and scrutiny committee”,

in relation to a local authority (“the authority concerned”),

means—

(a)
a joint overview and scrutiny committee within the

meaning given in subsection (2)(a) of section 245 of

the National Health Service Act 2006 appointed by

the authority concerned and one or more other local

authorities,

(b)
an overview and scrutiny committee of another local

authority exercising relevant functions (within the

meaning given in subsection (1) of that section) of

the authority concerned by virtue of arrangements

made under regulations under subsection (2)(b) of

that section,