House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

42

Schedule 5
226
Leave out Schedule 5
Schedule 6
227
Page 186, line 42, at end insert—

    “( )
In subsection (1), after “each parish” insert “council”.”
228
Page 187, line 13, leave out “11” and insert “7 or 10”
229
Page 187, line 36, after ““Part” insert “1 or”
Schedule 13
230
Page 206, line 11, at end insert—

    “( )
In subsection (5)—

(a)
for “a complaint” substitute “a matter”;

(b)
in paragraph (a)—

(i)
for “the complaint has” substitute “the matter has”;

(ii)
for “the person aggrieved” substitute “the person

affected”;

(iii)
for “the complaint relates” substitute “it relates”;

(iv)
for “to investigate, and reply to, the complaint” substitute

“to investigate the matter and to respond”;

(c)
in paragraph (b)—

(i)
for “the complaint to be” substitute “the matter to be”;

(ii)
for “to investigate, and reply to, the complaint” substitute

“to investigate the matter and to respond”.”
231
Page 208, line 13, at end insert—

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

“any person discharging or assisting in the discharge of a function of a

Local Commissioner”.”
232
Page 209, line 8, at end insert—

“8A(1)
Section 33ZA (collaborative working between Local Commissioners and

other Commissioners) is amended as follows.

      (2)
In subsection (1), for “the complaint relates partly to” substitute “the

matters which are the subject of the investigation include”.

      (3)
In subsection (2)—

(a)
for “the person aggrieved” substitute “the person affected”;

(b)
for “any person acting on his behalf in accordance with

subsection (2) of section 27 of this Act” substitute “the

complainant (if any)”.

      (4)
In subsection (4), omit “of a complaint”.”
233
Page 209, line 32, leave out “sub-paragraph (5)” and insert “sub-paragraphs (5) and

(6)”
234
Page 209, line 36, at end insert—

43

“Parliamentary Commissioner Act 1967 (c. 13)

11A(1)
The Parliamentary Commissioner Act 1967 is amended as follows.

      (2)
In section 3(2A) (administrative provisions) for “any officer or member

of staff of the Commission for Local Administration in England”

substitute “any person discharging or assisting in the discharge of a

function of a Local Commissioner, but only if the person is”.

      (3)
In section 11 (provision for secrecy of information), in subsection (2)(aa)

for “a complaint” substitute “a matter”.

      (4)
In section 11ZAA (collaborative working between Parliamentary

Commissioner and other Commissioners)—

(a)
in subsection (3)—

(i)
for “a complaint which is being investigated” substitute

“matters which are the subject of an investigation”;

(ii)
for “relates partly to” substitute “include”;

(iii)
after “investigation” insert “of that matter”;

(b)
in subsection (4)—

(i)
for “a complaint” substitute “a matter”;

(ii)
for “the complaint” substitute “a complaint about the

matter”;

(c)
in subsection (5), omit “of a complaint”.”
235
Page 209, line 39, leave out from “officer),” to end of line 40 and insert “in

subsection (2)—

(a)
after paragraph (a) insert—

“(aa)
any such maladministration or failure as is

mentioned in Part 3 of the Local Government Act

1974 (Local Commissioners), or”;

(b)
in paragraph (b), omit “Part III of the Local Government Act 1974

(Local Commissioners) or”.”
236
Page 209, line 43, at end insert—

“Health Service Commissioners Act 1993 (c. 46)

12A(1)
The Health Service Commissioners Act 1993 is amended as follows.

      (2)
In section 15 (confidentiality of information), in subsection (1)(aa) for “a

complaint” substitute “a matter”.

      (3)
In section 18ZA (collaborative working between the Commissioner and

other Commissioners)—

(a)
in subsection (3)—

(i)
for “a complaint which is being investigated” substitute

“matters which are the subject of an investigation”;

(ii)
for “relates partly to” substitute “include”;

(iii)
after “investigation” insert “of that matter”;

(b)
in subsection (4), omit “of a complaint”;

(c)
in subsection (5), for “the interests of the complainant and of

persons other than the complainant” substitute “the interests of

the complainant (if any) and of other persons”.

      (4)
In Schedule 1 (the English Commissioner), in paragraph 12A—

44

(a)
after “performed by” insert “—

(a)
”;

(b)
for “the Commission for Local Administration in England”

substitute—

“(b)
any person discharging or assisting in the

discharge of a function of a Local Commissioner,


who is”.”
After Schedule 13
237
Insert the following new Schedule—

“SCHEDULE

Consequential amendments relating to joint waste authorities

Part 1

Amendments of Local Government Act 1972

1
The Local Government Act 1972 (c. 70) is amended in accordance with

this Part of this Schedule.

2
In section 70 (restriction on promotion of Bills for changing local

government areas), in subsections (1) and (3), for “or joint authority”

substitute “, joint authority or joint waste authority”.

3
In section 80(2) (disqualifications for election and holding office as

member of local authority), after “joint authority” insert “, joint waste

authority”.

4
In section 85(4) (vacation of office by failure to attend meetings), at the

end insert “and a joint waste authority”.

5
In section 86(2) (declaration by local authority of vacancy in office), at the

end insert “and a joint waste authority”.

6
In section 92 (proceedings for disqualification), after subsection (7)

insert—

“(7A)
In this section “local authority” also includes a joint waste

authority.

(7B)
The reference in subsection (1) above to a local government

elector for the area concerned shall—

(a)
in relation to a joint waste authority established for an

area that includes a local government area, be construed

as including a reference to a local government elector for

that local government area;

(b)
in relation to a joint waste authority established for an

area that includes the City of London, be construed as

including a reference to a person whose name appears in

a ward list published under section 7 of the City of

London (Various Powers) Act 1957;

(c)
in relation to a joint waste authority established for an

area that includes the Inner Temple or the Middle

Temple, be construed as including a reference to a person

45

whose name appears in the ward list published with

respect to the ward of Farrington Without in the City

under section 7 of the City of London (Various Powers)

Act 1957.”

7
In section 98(1A) (interpretation), after “joint authority,” insert “a joint

waste authority,”.

8
In section 100J (application to new authorities)—

(a)
in subsection (1), after paragraph (b) insert—

“(ba)
a joint waste authority;”;

(b)
in subsection (2), in the words following paragraph (b), after

“(b),” insert “(ba),”;

(c)
in subsection (3), after “(b),” insert “(ba),”;

(d)
in subsection (4)(a), after “joint authority” insert “, a joint waste

authority”.

9
In section 101(13) (arrangements for discharge of functions by local

authorities), after “police authority,” insert “a joint waste authority,”.

10
In section 146A(1) (joint authorities etc), after “joint authority,” insert “a

joint waste authority,”.

11
In section 175(3B) (allowances for attending conferences and meetings),

after “London Fire and Emergency Planning Authority” insert “, a joint

waste authority”.

12
In section 176(3) (payment of expenses of official visits), after “joint

authority” insert “, a joint waste authority”.

13
In section 223(2) (appearance of local authorities in legal proceedings),

after “joint authority,” insert “a joint waste authority,”.

14
In section 224(2) (arrangements by principal councils for custody of

documents), after “joint authority” insert “or joint waste authority”.

15
In section 225(3) (deposit of documents with proper officer of authority),

at the end insert “and a joint waste authority”.

16
In section 228 (inspection of documents), after subsection (7A) insert—

“(7B)
This section shall apply to the minutes of proceedings and the

accounts of a joint waste authority as if that authority were a local

authority; and in relation to a joint waste authority the reference

to a local government elector for the area of the authority is to be

construed in accordance with section 92(7B).”

17
In section 229(8) (photographic copies of documents), after “joint

authority” insert “, a joint waste authority”.

18
In section 230(2) (reports and returns), at the end insert “and a joint waste

authority”.

19
In section 231(4) (service of notices on local authorities), after “joint

authority” insert “, a joint waste authority”.

20
In section 232(1A) (public notices), after “joint authority” insert “, a joint

waste authority”.

21
In section 233(11) (service of notices by local authorities), after “joint

authority” insert “, a joint waste authority”.

46

22
In section 234(4) (authentication of documents), after “joint authority”

insert “, a joint waste authority”.

23
In section 239(4A) (power to promote or oppose local or personal Bills),

at the end insert “and a joint waste authority”.

24
In section 270(1) (general provisions as to interpretation), after the

definition of “joint authority” insert—

““joint waste authority” means an authority established for

an area in England by an order under section 208 of the

Local Government and Public Involvement in Health Act

2007;”.

Part 2

Other Amendments

Landlord and Tenant Act 1954 (c. 56)

25
In section 69(1) of the Landlord and Tenant Act 1954 (interpretation), in

the definition of “local authority”, after “National Park authority,” insert

“an authority established for an area in England by an order under

section 208 of the Local Government and Public Involvement in Health

Act 2007 (joint waste authorities),”.

Trustee Investments Act 1961 (c. 62)

26
In section 11(4)(a) of the Trustee Investments Act 1961 (local authority

investment schemes), after “1985” insert “, an authority established for

an area in England by an order under section 208 of the Local

Government and Public Involvement in Health Act 2007 (joint waste

authorities)”.

Leasehold Reform Act 1967 (c. 88)

27
In section 28(5)(a) of the Leasehold Reform Act 1967 (retention or

resumption of land required for public purposes), after “1985,” insert

“any authority established for an area in England by an order under

section 208 of the Local Government and Public Involvement in Health

Act 2007 (joint waste authorities),”.

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

28
In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance)

Act 1969 (employers exempted from insurance), after “1985,” insert “an

authority established for an area in England by an order under section

208 of the Local Government and Public Involvement in Health Act 2007

(joint waste authorities),”.

Local Authorities (Goods and Services) Act 1970 (c. 39)

29
In section 1(4) of the Local Authorities (Goods and Services) Act 1970

(supply of goods and services by local authorities), in the definition of

“local authority”, after “1985” insert “, any authority established for an

area in England by an order under section 208 of the Local Government

and Public Involvement in Health Act 2007 (joint waste authorities)”.

47

Employment Agencies Act 1973 (c. 35)

30
In section 13(7) of the Employment Agencies Act 1973 (interpretation),

after paragraph (f) insert—

“(fza)
the exercise by an authority established for an area in

England under section 208 of the Local Government and

Public Involvement in Health Act 2007 (joint waste

authorities) of any of its functions;”.

Local Government Act 1974 (c. 7)

31  (1)
Part 3 of the Local Government Act 1974 (Commission for Local

Administration in England) is amended as follows.

      (2)
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 208 of the Local Government and

Public Involvement in Health Act 2007 (joint waste

authorities);”.

      (3)
In section 26C(6) (referral of complaints by authorities) (inserted by

section 175 of this Act), after paragraph (c) insert—

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

section 208 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 209 of

that Act.”

Health and Safety at Work etc Act 1974 (c. 37)

32
In section 28(6) of the Health and Safety at Work etc Act 1974

(restrictions on disclosure of information), after “1985” insert “, an

authority established for an area in England by an order under section

208 of the Local Government and Public Involvement in Health Act 2007

(joint waste authorities)”.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

33
In section 44(1) of the Local Government (Miscellaneous Provisions) Act

1976 (interpretation of Part 1), in the definition of “local authority”—

(a)
in paragraph (a), after “1985” insert “, an authority established for

an area in England by an order under section 208 of the Local

Government and Public Involvement in Health Act 2007 (joint

waste authorities)”;

(b)
in paragraph (c), after “authorities),” insert “an authority

established for an area in England by an order under section 208

of the Local Government and Public Involvement in Health Act

2007 (joint waste authorities),”.

Rent (Agriculture) Act 1976 (c. 80)

34
In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy

where landlord’s interest belongs to local authority etc), after paragraph

(bb) insert—