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PART 8
Lords Amendment 149
60. Lords Amendment 149 would correct an error in the new subsection (4B) inserted by clause 152(1) (powers of auditors to obtain information) by changing the word "inspector" to "auditor".
PART 9
Lords Amendments 150-158
61. Lords Amendments 150 to 158 would amend clauses 176 and 178 to clarify the powers and obligations of the Local Commissioners of the Commission for Local Administration for England when making and publishing reports and statements at the conclusion of an investigation under the Local Government Act 1974. In particular, amendment 150 would make it clear that the Commissioners may include recommendations in their reports.
PART 10
Lords Amendments 159, 160, 161, 162 and 163
62. Lords Amendments 159, 160, 161, 162 and 163 would amend clause 184 in relation to the principles that govern the conduct of members of relevant authorities in England and police authorities in Wales, the provisions of the code of conduct which they are required to follow and the provisions which such authorities may add to the code of conduct they adopt. The effect of the amendments would be that the only principles and provisions which may be applied to members outside their official capacity are principles and provisions prohibiting conduct which would (if engaged in) constitute a criminal offence.
Lords Amendment 164
63. Lords Amendment 164 would provide for the order-making power under section 63(1)(j) of the Local Government Act 2000, introduced by clause 192, to be subject to affirmative resolution procedure. This order-making power provides for the Secretary of State to specify by order those persons to whom ethical standards officers may disclose information.
PART 11
Lords Amendments 165, 166, 208 & 237
64. Amendment 165 would amend clause 210 to omit six existing consequential amendments, while Amendment 166 would create a new schedule which would contain the consequential amendments for Part 11, including the existing six consequential amendments omitted by Amendment 165.
65. Amendment 208 would amend clause 243 to determine the territorial extent of the consequential amendments for Part 11.
66. Amendment 237 would insert a new Schedule 14 containing the existing consequential amendments omitted by Amendment 165 along with further consequential amendments to Part 11 which would apply additional further local government procedural and other rules to further align joint waste authorities for an area in England with other similar bodies, in particular joint waste disposal authorities, for the purposes of other relevant Acts.
PART 12
Lords Amendments 167, 168, 169, 170, 171, 172, 173, 174
67. Lords Amendments 167, 168, 169, 172, 173 and 174 are in response to a recommendation in the 11th Report of the Lords Delegated Powers and Regulatory Reform Committee. Where an Order under Part 12 makes provision in relation to entities of a particular description, Part 12 allows for expressions used in identifying the description of entity to have the meaning given by a document identified by the relevant Order. The effect of the amendments would be to restrict the references to such documents so that the only document which can be referred to is a document which has been identified as proper practices for the purposes of section 21(2)(b) of the Local Government Act 2003 by regulations made under section 21 of that Act. This would ensure that the use of definitions in such documents for propriety control purposes is aligned with those definitions used for proper practices under the prudential borrowing regime through the 2003 Act. Lords Amendments 170 and 171 would make technical amendments to ensure that definitions used for the purpose of clause 215 are correct.
Lords Amendments 203, 204 and 205
68. Lords Amendments 203, 204 and 205 would address a further recommendation in the 11th Report of the Lords Delegated Powers and Regulatory Reform Committee by making the order-making power at clause 213(1) subject to the affirmative resolution procedure.
Lords Amendment 213
69. Lords Amendment 213 would make technical amendments to ensure that amended provisions are commenced at the same time as other relevant provisions at Part 12.
PART 14
Lords Amendments 175 - 177
70. Lords Amendments 175 - 177 would provide that the purposes for which Local Involvement Networks (LINks) may monitor and review local care services are the purposes of considering the standard of local care services and how local care services could or ought to be improved.
71. Amendment 176 would make a consequential amendment to clause 222(2)(d)(ii).
Lords Amendment 178
72. Lords Amendment 178 would provide that the NHS bodies listed were not able to act as a LINk host.
Lords Amendments 179 and 180
73. Lords Amendments 179 and 180 would ensure that the arrangements made by a local authority with a host can include arrangements for a LINk to collaborate on a regional or national basis with other LINks in relation to LINks activities.
Lords Amendment 181
74. Lords Amendment 181 would make provision that the Secretary of State must make regulations providing that LINk arrangements must include "prescribed provision". In particular, the regulations may require provisions relating to the ways certain decisions are to be taken by the LINk, to the authorisation of individuals able to enter the premises of health and social care providers, to the use of money by the LINk, and to the consequences if a LINk contravenes any provision of the arrangements under which it carries on LINk activities.
Lords Amendment 182
75. Lords Amendment 182 would provide that the power to make regulations imposing a duty on services-providers to allow authorised representatives of LINks to enter and view their premises may be used to restrict LINks access to certain premises and to viewing certain activities.
Lords Amendments 183 to 186
76. These amendments would ensure that a consistent approach is taken across the Bill to directions and guidance.
Lords Amendments 187, 188 and 189
77. These amendments would provide for transitional arrangements between the end of patient forums and the start of LINks.
78. Government Amendment 187 places a temporary duty on local authorities to ensure that there are means by which LINks activities can be carried on in their area. This will ensure that LINks activities are carried on in the event that contractual arrangements are not yet in place. Regulations will set the period that the temporary duty will last (the intention is six months). The government intends to set out in regulations the ways in which the temporary duty may or may not be complied with (for example, making it clear that local authorities may not perform the activities themselves) and the reporting requirements that are to be imposed on the local authority and any person whom the local authority makes arrangements with to undertake LINk activities.
79. Amendments 188 and 189 are amendments consequential upon the introduction of transitional arrangements.
Lords Amendments 190 - 197 and 199
80. Clause 232 of the Bill amends section 242 of the NHS Act 2006 and had sought to establish thresholds above which NHS bodies must consult users of health services on significant proposals for change or significant decisions affecting the operation of services.
81. Lords Amendment 191 would provide that the duty on English NHS bodies in section 242 is to make arrangements to involve (whether by being consulted or provided with information, or in other ways) patients and the public.
82. Lords Amendments 192 -197 would remove the references to "significant" in subsection (1B)(b) and (c). In relation to the proposals and decisions referred to in subsection (1B)(b) and (c), the amendments would have the effect that the duty to make arrangements for involvement applies if the proposal or decision would have an impact on the manner in which services are delivered to users of those services or the range of health services available to users.
83. Amendment 199 would impose a duty on the Secretary of State to make regulations in respect of the arrangements a Strategic Health Authority (SHA) must make to ensure that users of health services are involved in certain matters. In complying with this duty an SHA must have regard to any guidance issued by the Secretary of State. This statutory guidance will include details of how the duty to involve should be carried out and when and how often that involvement should occur. Amendment 190 would be a consequential amendment to this.
84. Amendment 199 would also give the Secretary of State the power to make regulations enabling SHAs to make directions to primary care trusts (PCTs) in relation to arrangements that a PCT might make in relation to the involvement of patients and the public in accordance with section 242. The Regulations can only provide for such directions to be given where the SHA will be making arrangements for involvement.
Lords Amendment 198
85. Lords Amendment 198 would provide that the Secretary of State may give guidance as to the form to be taken by involvement in any specified case. This is in line with the language used in section 242A.
Lords Amendments 200 and 201
86. Amendment 200 would impose a duty on SHAs to report, at times directed by the Secretary of State, on consultations that they carry out in relation to those services for which they are responsible, i.e. specialised services commissioned on a national basis.
87. The amendment would also place a duty on SHAs to prepare a report, at times directed by the Secretary of State, on certain consultations it has carried out and what influence the views gathered have had on certain matters. These matters would be specified in directions given by the Secretary of State.
88. Amendment 201 would widen the reporting duty on PCTs imposed by clause 231, to include consultations not undertaken by the PCT but which impact on commissioning decisions.
PART 16
Lords Amendment 202
89. Lords Amendment 202 to clause 235 (exercise of functions by local councillors in England) would make it clear that the arrangements referred to in that clause are arrangements enabling the functions of a local authority to be exercised by a person who is a member of that authority.
PART 17
Lords Amendment 206
90. Lords Amendment 206 to clause 239 would enable the Secretary of State to provide by order (affirmative resolution) for the date on which an authority operating a mayor and council manager executive must pass a resolution to make a change to their governance arrangements.
Lords Amendments 207 and 209
91. Lords Amendments 207 and 209 to clause 243 (extent) would have the effect that where Part 9 of, and Schedule 13 to, the Bill which relate to the Commission for Local Administration in England amend Acts, the amendments extend to the same parts of the United Kingdom as the Acts which they amend.
Lords Amendments 210 to 212
92. Lords Amendments 210 to 212 to clause 244 would ensure that Part 3 of Schedule 5 (and clause 75(2)) will come into force on the day on which the Bill receives Royal Assent. This is to allow for transitional provision relating to changing executive arrangements to be made in advance of Part 3 of the Bill coming into force.
SCHEDULE 1
Lords Amendment 216
93. Lords Amendment 216 to schedule 1 would make a further repeal in section 17 of the Local Government Act 1992 removing the words 'and the order of retirement' which are no longer required because parish councillors all retire at the same time as parish councils cannot operate partial-council elections .
Lords Amendment 218
94. Lords Amendment 218 would make a drafting change to schedule 1 of the Bill which would ensure that the Regional Assemblies (Preparations) Act 2003 shall continue to operate as though the changes to the review procedures within the Local Government Act 1992, and the various repeals of provisions of that Act, had not been made. This is necessary as the Regional Assemblies (Preparations) Act 2003 refers to various sections of the LGA 1992 and applies the review procedures contained in that Act.
SCHEDULE 3
Lords Amendment 219
95. Lords Amendment 219 removes schedule 3 which is no longer required following the removal of the directly elected executive model.
SCHEDULE 4
Lords Amendments 220 and 221
96. Lords Amendments 220 and 221 are to schedule 4. Amendment 220 would update provisions defining "the leader and cabinet executive" so that these draw attention to the different models in operation in England and Wales. It would also remove references to the mayor and council manager model which is no longer to be available to authorities in England under the Bill. Amendment 221 is a drafting change which more clearly explains that the subsequent paragraphs set out the changes that are to be made to the Local Government Act 2000. The amendments would also make changes which are consequential on the issue of whether a reference to a member or councillor of a local authority includes a reference to an elected mayor of the authority (if any).
Lords Amendments 223
97. Lords Amendments 223 would make a minor and technical amendment which is consequential on subsequent changes to section 33J which is inserted by clause 62.
SCHEDULE 5
Lords Amendment 225
98. Lords Amendment 225 inserts a new schedule after schedule 4. This new schedule is almost identical to schedule 5 to the Bill as it left the Commons, with references to directly elected executives having been removed.
SCHEDULE 6
Lords Amendment 227
99. Lords Amendment 227 would provide for the minimum number of parish councillors for a parish council to be five. This would deal with uncertainty about the minimum number in relation to a common parish council.
Lords Amendments 228
100. Lords Amendments 228 would make a correction so that reference is made as intended to the order-making provisions contained in Part 1 of the Bill.
Lords Amendment 229
101. Lords Amendment 229 to schedule 6 would insert a reference to Part 1 of the Bill. The amendment recognises that provision about the warding of parishes and the number of parish councillors for a parish may also be made under that Part.
SCHEDULE 13
Lords Amendments 230 to 236 and 247 to 251
102. Lords Amendments 230 to 236 and 247 to 251 would add consequential amendments to schedule 13 and repeals to schedule 18. These are amendments of, and repeals relating to, provisions inserted or amended by the Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889). That Order facilitates joint working arrangements between the Parliamentary Commissioner for Administration (who is appointed under the Parliamentary Commissioner Act 1967), the Health Commissioner for England (who is appointed under the Health Service Commissioners Act 1993) and Local Commissioners of the Commission for Local Administration.
SCHEDULE 18
Lords Amendments 238 to 251
103. Lords Amendments 238 to 251 would insert into schedule 18 ('the repeals schedule') words to be omitted in primary legislation and provisions to be revoked in secondary legislation.
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