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“relevant information”, in relation to an associated authority, means information which is relevant to a local improvement target in a relevant local area agreement which relates to the associated authority;

and section 81(2) or (3) applies for the purpose of determining whether a local improvement target relates to an associated authority.

(7) Regulations under this section may not make provision of a kind mentioned in subsection (5)(c) with respect to information in respect of which provision may be made in exercise of the power conferred by section 20(5)(c) or (d) of the Police and Justice Act 2006 (c. 48) (guidance and regulations regarding crime and disorder matters).

(8) In this section—

(a) “relevant local area agreement”, in relation to a joint overview and scrutiny committee, means a local area agreement of the county council in the group of partner authorities which appointed the committee; and

(b) “local area agreement”, “local improvement target” and “partner authority” have the same meanings as in Chapter 1 of this Part.

(9) Any group of partner authorities and any joint overview and scrutiny committee must, in exercising or deciding whether to exercise any functions conferred on it by or by virtue of regulations under this section, have regard to any guidance issued by the Secretary of State.’.— [Mr. Alan Campbell.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 9


Overview and scrutiny committees of district councils: local improvement targets

‘After section 21D of the Local Government Act 2000 (c. 22) (inserted by section 97) insert—

“21E Overview and scrutiny committees of certain district councils: functions with respect to partner authorities

(1) This section applies to any district council which is a partner authority in relation to a county council (“the related county council”).

(2) The Secretary of State may by regulations make provision under which a district council to which this section applies may confer on their overview and scrutiny committee, or any of their overview and scrutiny committees, power to make reports and recommendations to the related county council, or that council’s executive, which relate to any local improvement target which—

(a) relates to a relevant partner authority, and

(b) is specified in a local area agreement of the county council.

(3) Regulations under subsection (2) may make provision applying or reproducing any provision of section 21B, 21C or 21D (with or without modifications).

(4) For the purposes of this section—

(a) “relevant partner authority”, in relation to a district council, means—

(i) the related county council, or

(ii) any other authority which are a partner authority in relation to that county council, other than—

(a) a police authority, or

(b) a chief officer of police,

(b) “local area agreement”, “local improvement target” and “partner authority” have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, and
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(c) section 81(2) or (3) of that Act applies for the purpose of determining whether a local improvement target relates to a relevant partner authority.” ’.— [Mr. Alan Campbell.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 10


Guidance

‘In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees: authorities operating executive arrangements), at the end insert—

“(16) In exercising, or deciding whether to exercise, any of its functions—

(a) an overview and scrutiny committee of a local authority in England, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State; and

(b) an overview and scrutiny committee of a local authority in Wales, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Welsh Ministers.

(17) Guidance under subsection (16) may make different provision for different cases or for different descriptions of committee or sub-committee.” ’.— [Mr. Alan Campbell.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 11


Overview and scrutiny committees: consequential amendments

‘(1) In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees)—

(a) in subsection (4)—

(i) after “this section” insert “, sections 21A to 21C”; and

(ii) at the end insert “or any functions which may be conferred on it by virtue of regulations under section 21E”; and

(b) omit subsection (8).

(2) For section 32(3) of that Act (alternative arrangements) substitute—

“(3) Regulations under this section may make provision with respect to committees or sub-committees falling within subsection (1)(b), including—

(a) in the case of regulations made by the Secretary of State, provision which applies or reproduces (with or without modifications)—

(i) any provision of sections 21 to 21D or paragraphs 7 and 9 to 11 of Schedule 1,

(ii) any provision made under section 21E or 22A,

(iii) any provision of section 246 of, or Schedule 17 to, the National Health Service Act 2006, or

(iv) any provision made under section 244 of that Act, and

(b) in the case of regulations made by the Welsh Ministers, provision which applies or reproduces (with or without modifications)—

(i) any provision of section 21 or 21A(1)(a) or (b) or (2) or paragraphs 8 to 11 of Schedule 1,

(ii) any provision of Schedule 17 to the National Health Service Act 2006,

(iii) any provision of section 186 of, or Schedule 11 to, the National Health Service (Wales) Act 2006, or

(iv) any provision made under section 184 of that Act.”.


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(3) In section 245(3)(b) of the National Health Service Act 2006 (c. 41) (joint overview and scrutiny committees etc)—

(a) in sub-paragraph (i), for “(15)” substitute “(17)”; and

(b) after that sub-paragraph insert—

“(ia) sections 21A to 21D of that Act,

(ib) section 22A of that Act,”.

(4) In section 185(3)(b) of the National Health Service (Wales) Act 2006 (c. 42) (joint overview and scrutiny committees etc)—

(a) in sub-paragraph (i), for “(15)” substitute “(17)”; and

(b) after that sub-paragraph insert—

“(ia) section 21A(1)(a) or (b) or (2) of that Act,” ’.— [Mr. Alan Campbell.]

Brought up, read the First and Second time, and added to the Bill.

Clause 94


Reference of matter by councillor to overview and scrutiny committee

Amendments made: No. 96, page 62, line 29, leave out from beginning to ‘insert’ in line 33 and insert

No. 97, page 64, leave out line 6.—[ Mr. Alan Campbell.]

Clause 96


Powers to require information from partner authorities

Amendments made: No. 98, page 64, line 38, at end insert—

‘(4) The Secretary of State may also by regulations make provision, in relation to a relevant district council committee—

(a) as to information which associated authorities must provide to the relevant district council committee, and

(b) as to information which may not be disclosed by an associated authority to the relevant district council committee.

(5) In subsection (4), references to information do not include information in respect of which provision may be made in exercise of the power conferred by section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters).

(6) For the purposes of subsection (4)—

“relevant district council committee” means—

(c) an overview and scrutiny committee of a district council which is not a responsible local authority (“the district council”), or(d) a sub-committee of such a committee;

“associated authority”, in relation to a relevant district council committee, means—

(e) the county council which is the responsible local authority in relation to the district council, or(f) any person (other than the district council) which is a partner authority in relation to that county council, other than—

(i) a police authority, or

(ii) a chief officer of police;

and for this purpose, “responsible local authority” and “partner authority” have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007.


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(7) Regulations under this section may make different provision in relation to different persons or committees or descriptions of person or committee.

(8) The power conferred by subsection (7) does not affect the power conferred by section 105(2)(b).” ’.

No. 99, page 64, line 39, leave out subsection (2).— [ Mr. Alan Campbell .]

Clause 97


Overview and scrutiny committees: reprots and recommendations

Amendments made: No. 100, page 66, line 33, leave out ‘Primary Care Trust’ and insert ‘health service body’.

No. 101, page 66, line 36, leave out ‘Primary Care Trust’ and insert ‘health service body’.

No. 102, page 66, line 36, at end insert—

‘( ) In subsection (5), “health service body” means—

(a) a National Health Service trust,

(b) an NHS foundation trust, or

(c) a Primary Care Trust.’.

No. 103, page 69, line 4, leave out ‘local authority executives’ and insert ‘executives of local authorities in England’.

No. 104, page 69, line 4, at end insert

No. 105, page 69, line 12, leave out subsection (3).— [ Mr. Alan Campbell .]

Clause 98


Transitional provision

Amendment made: No. 106, page 69, line 16, after ‘applies’ insert

New Clause 2


Registered social landlords

‘(1) In section 40(1) of the Audit Commission Act 1998 (c. 18) (studies relating to registered social landlords), omit “(other than registered social landlords in Wales)”.

(2) In section 41A of that Act (inspections of registered social landlords), omit subsection (1A) (registered social landlords in Wales).

(3) After section 41B of that Act insert—

“41C Advice and assistance for registered social landlords

(1) The Commission may, if it thinks it appropriate to do so, provide advice or assistance to a registered social landlord for the purpose of the exercise by the registered social landlord of its functions.

(2) Advice or assistance under this section may be provided on such terms, including terms as to payment, as the Commission thinks fit.”

(4) Omit section 42 of that Act (consultancy services relating to audit of accounts of registered social landlords).

(5) For section 43 of that Act substitute—

“43 Meaning of “registered social landlord”


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In sections 40 to 41C, “registered social landlord” means a body registered as a social landlord under Part 1 of the Housing Act 1996, other than a body mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act (bodies registered in Wales).”’.— [Mr. Alan Campbell.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 7


Registered social landlords in Wales

‘After section 145C of the Government of Wales Act 1998 (c. 38) insert—

“145D Advice and assistance for registered social landlords

(1) The Auditor General for Wales may, if he thinks it appropriate to do so, provide advice or assistance to a registered social landlord in Wales for the purpose of the exercise by the registered social landlord of its functions.

(2) Advice or assistance under this section may be provided on such terms and conditions, including conditions as to payment, as the Auditor General for Wales thinks fit.

(3) This section has effect without prejudice to paragraph 21 of Schedule 8 to the Government of Wales Act 2006 (arrangements between Auditor General for Wales and certain bodies).

(4) In this section, “registered social landlord in Wales” means a body which is—

(a) registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996, and

(b) mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act.”’.— [Mr. Alan Campbell.]

Brought up, read the First and Second time, and added to the Bill.

Clause 119


Interaction of the Audit Commission with other authorities

Amendment made: No. 29, page 86, line 13, after ‘before’ insert ‘the italic heading preceding’.— [ Mr. Alan Campbell .]

Clause 124


Studies at request of particular bodies

Amendment made: No. 30, page 89, line 8, leave out from ‘Authority)’ to end of line 13.— [ Mr. Alan Campbell.]

Clause 126


Reports on English Local Authorities

Amendment made: No. 31, page 90, line 5, at end insert—

‘(5) The Secretary of State may by order amend the definition of “English local authority” in subsection (4) by adding any authority or body which is a best value authority, other than—

(a) an authority or body which is a Welsh best value authority for the purposes of Part 1 of the Local Government Act 1999;

(b) a police authority for a police area in Wales.

(6) The Secretary of State may by order remove from that definition any 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 an authority or body to the extent that it acts in a capacity, or exercises functions, specified in the order.

(8) Before making an order under subsection (5) or (6) the Secretary of State must consult the best value authorities concerned or persons appearing to him to represent the best value authorities concerned.”’.— [Mr. Alan Campbell.]

Clause 134


Disclosure of informaton obtained by the Audit Commission or an auditor

Ordered,

That the clause be transferred to the end of line 37, page 91.— [ Mr. Alan Campbell. ]

New Clause 3


Pre-commencement invitations etc

‘(1) In this section a “pre-commencement invitation” means an invitation given by the Secretary of State before the commencement of this Chapter which, after that commencement, could have been given under the power in section 2.

(2) If before the commencement of this Chapter—

(a) a pre-commencement invitation was given,

(b) guidance as to what a proposal should seek to achieve, or as to matters that should be taken into account in formulating a proposal, was given by the Secretary of State in connection with such an invitation,

(c) a proposal was made in response to such an invitation, or

(d) consultation was carried out by the Secretary of State in relation to such a proposal,

it is immaterial that the invitation or guidance was given, the proposal made, or the consultation carried out, before rather than after the commencement of this Chapter.

(3) Accordingly (and without prejudice to the generality of subsection (2))—

(a) any reference in this Chapter to an invitation under section 2 includes a pre-commencement invitation;

(b) any reference in this Chapter to a proposal made by virtue of section 2 includes a proposal (whenever made) made in response to a pre-commencement invitation;

(c) any reference in this Chapter to the Secretary of State’s receiving a proposal in response to an invitation under section 2 includes his receiving before the commencement of this Chapter a proposal made in response to a pre-commencement invitation.’.— [Mr. Alan Campbell.]

Brought up, read the First and Second time, and added to the Bill.

Clause 2


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