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Amendment made: No. 1, page 2, line 43, at end insert—
‘(9) Subsection (1) is subject to section 3(1).’.— [Mr. Alan Campbell.]
Amendments made: No. 2, page 3, line 2, leave out subsection (1) and insert—
‘(1) A direction under section 2—
(a) may not be given after 25 January 2008; and
(b) may be given on or before that date only where the Secretary of State believes that giving the direction would be in the interests of effective and convenient local government.’.
No. 3, page 3, line 24, at end insert—
‘(8) But a direction under section 2 may not be varied after 25 January 2008 if—
(a) the direction as originally given required the making of a Type A or Type B proposal; and
(b) the direction as varied would require or permit the making of a Type C or combined proposal.’.— [Mr. Alan Campbell.]
Amendments made: No. 4, page 3, line 26, leave out from ‘proposal’ to ‘under’ in line 27 and insert
‘in response to an invitation or direction’.
No. 5, page 3, line 29, leave out subsections (2) to (4).— [ Mr. Alan Campbell. ]
Amendment made: No. 6, page 5, line 30, leave out subsection (2) and insert—
‘(2) But where the Secretary of State has made a request under section 4 in relation to the proposal received in response to the invitation or direction, he may not make an order or decision under this section before the end of six weeks beginning with the relevant date (as defined by section 6(7)).
(3) The Secretary of State may not in any case make an order under subsection (1)(a) implementing a proposal unless he has consulted the following about the proposal—
(a) every authority affected by the proposal (except the authority or authorities which made it); and
(b) any other person he believes to have an interest.
(4) For the purposes of this section an authority is “affected by” a proposal if it is a principal authority for an area which is, or any part of which is, in an area that the proposal suggests should have a single tier of local government.
(5) Subsection (3) does not apply if the proposal was made jointly by every authority affected by it, and in that case the Secretary of State may before making an order under subsection (1)(a) consult any other person he believes to have an interest.’.— [Mr. Alan Campbell.]
Amendment made: No. 86, page 7, line 21, at end insert—
‘(3) Before doing as mentioned in any of those paragraphs the Secretary of State may request the Boundary Committee to provide him with additional information or advice.
(4) Where they receive such a request the Boundary Committee may provide the information or advice requested.’.— [Mr. Alan Campbell.]
Amendment made: No. 7, page 8, line 17, leave out ‘7’ and insert ‘7(1)(a)’.— [ Mr. Alan Campbell .]
Amendment made: No. 8, page 11, line 27, at end insert—
‘(6) In this section “public body” includes a parish council.’.— [Mr. Alan Campbell.]
Amendment made: No. 9, page 13, line 26, at end insert—
‘(3) In subsection (2) “public body” includes a parish council.’.— [Mr. Alan Campbell.]
Amendment made: No. 87, page 13, line 27, leave out Clause 21.— [ Mr. Alan Campbell. ]
‘(1) Section 23 of the Local Government Act 1974 (c. 7) (appointment and removal of Commissioners) is amended as follows.
(2) For subsections (8) and (9) (allocation of cases by geographic area) substitute—
(a) divide the matters which may be investigated under this Part of this Act into such categories as they consider appropriate, and
(b) allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.”
(3) In subsection (10)(a), for “to accept cases for which they are not responsible” substitute “to deal with matters for which they do not have responsibility pursuant to subsection (8A)”.’.— [Mr. Alan Campbell.]
Brought up, read the First and Second time, and added to the Bill.
‘Before section 25 of the Local Government Act 1974 (c. 7) insert—
(1) Under this Part of this Act, a Local Commissioner may investigate a matter—
(a) which relates to action taken by or on behalf of an authority to which this Part of this Act applies,
(b) which is subject to investigation under this Part of this Act by virtue of section 26, and
(c) in relation to which subsection (2), (3) or (5) is satisfied.
(2) This subsection is satisfied if, in relation to the matter, a complaint which satisfies sections 26A and 26B has been made to a Local Commissioner.
(3) This subsection is satisfied if, in relation to the matter—
(a) a complaint which satisfies sections 26A and 26B has been made to a member of an authority to which this Part of this Act applies, and
(b) the complaint has been referred, or is treated as having been referred, to a Local Commissioner under section 26C.
(4) Any question whether subsection (2) or (3) is satisfied in relation to a matter shall be determined by a Local Commissioner.
(5) This subsection is satisfied if—
(a) the matter has come to the attention of a Local Commissioner, and
(b) section 26D applies to the matter.
(6) In determining whether to initiate, continue or discontinue an investigation, a Local Commissioner shall, subject to the provisions of this section and sections 26 to 26D, act in accordance with his own discretion.
(7) Without prejudice to the discretion conferred by subsection (6), a Local Commissioner may in particular decide—
(a) not to investigate a matter, or
(b) to discontinue an investigation of a matter,
if he is satisfied with action which the authority concerned have taken or propose to take.”’.— [Mr. Alan Campbell.]
Brought up, read the First and Second time, and added to the Bill.
‘(1) Section 25 of the Local Government Act 1974 (c. 7) (authorities subject to investigation) is amended as follows.
(2) In subsection (4), for paragraphs (b) and (c) substitute—
“(b) to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented),
and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection.”
(3) After subsection (4) insert—
“(4ZA) Any reference to an authority to which this Part of this Act applies also includes, in the case of a local authority operating executive arrangements, the executive.”
(4) In subsection (4A) (Greater London Authority), omit paragraphs (b) and (c).
(5) Omit subsection (4B) (sub-committees of the London Transport Users Committee).
(a) in paragraph (c), after “constituted” insert “by the authority”;
(b) in paragraph (d), after first “school” insert “maintained by the authority”;
(c) in paragraph (e), after “constituted” insert “by the authority”.
(7) After subsection (5) insert—
“(6) Subsection (7) has effect where an authority to which this Part of this Act applies exercise a function entirely or partly by means of an arrangement with another person.
(7) For the purposes of this Part of this Act, action taken by or on behalf of the other person in carrying out the arrangement shall be treated as action taken—
(a) on behalf of the authority, and
(b) in the exercise of the authority’s function.
(8) Subsection (7) does not have effect where, by virtue of another enactment, the action would be treated as action taken by the authority.”’.— [Mr. Alan Campbell.]
Brought up, read the First and Second time, and added to the Bill.
‘(1) Section 26 of the Local Government Act 1974 (c. 7) (matters subject to investigation) is amended in accordance with subsections (2) and (3).
(2) For subsection (1) substitute—
“(1) For the purposes of section 24A(1)(b), in relation to an authority to which this Part of this Act applies, the following matters are subject to investigation by a Local Commissioner under this Part of this Act—
(a) alleged or apparent maladministration in connection with the exercise of the authority’s administrative functions;
(b) an alleged or apparent failure in a service which it was the authority’s function to provide;
(c) an alleged or apparent failure to provide such a service.
(1A) Subsection (1) is subject to the following provisions of this section.”
(3) Omit subsections (2) to (4) (procedure for making complaints).
(4) In Schedule 5 to that Act (matters not subject to investigation), for paragraph 3 substitute—
“3 (1) Action taken in matters relating to contractual or other commercial transactions of any authority to which Part 3 of this Act applies relating to—
(a) the operation of public passenger transport;
(b) the carrying on of a dock or harbour undertaking;
(c) the provision of entertainment;
(d) the provision and operation of industrial establishments;
(e) the provision and operation of markets.
(2) Sub-paragraph (1) does not include transactions for or relating to—
(a) the acquisition or disposal of land;
(b) the acquisition or disposal of moorings which are not moorings provided in connection with a dock or harbour undertaking.
(3) Sub-paragraph (1)(a) does not include action taken by or on behalf of the London Transport Users Committee in operating a procedure for examining complaints or reviewing decisions.
(4) Sub-paragraph (1)(e) does not include transactions relating to—
(a) the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or
(b) the attachment of any condition to such a licence.”’.— [Mr. Alan Campbell.]
Brought up, read the First and Second time, and added to the Bill.
‘(1) After section 26 of the Local Government Act 1974 (c. 7) insert—
(1) Under this Part of this Act, a complaint about a matter may only be made—
(a) by a member of the public who claims to have sustained injustice in consequence of the matter,
(b) by a person authorised in writing by such a member of the public to act on his behalf, or
(c) in accordance with subsection (2).
(2) Where a member of the public by whom a complaint about a matter might have been made under this Part of this Act has died or is otherwise unable to authorise a person to act on his behalf, the complaint may be made—
(a) by his personal representative (if any), or
(b) by a person who appears to a Local Commissioner to be suitable to represent him.
26B Procedure for making complaints
(1) Subject to subsection (3), a complaint about a matter under this Part of this Act must be made—
(b) before the end of the permitted period.
(2) In subsection (1)(b), “the permitted period” means the period of 12 months beginning with—
(a) the day on which the person affected first had notice of the matter, or
(b) if the person affected has died without having notice of the matter—
(i) the day on which the personal representatives of the person affected first had notice of the matter, or
(ii) if earlier, the day on which the complainant first had notice of the matter.
(3) A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint.
26C Referral of complaints by authorities
(1) This section applies where a complaint about a matter is made to a member of an authority to which this Part of this Act applies.
(2) If the complainant consents, the complaint may be referred to a Local Commissioner by—
(a) the member of the authority to whom the complaint was made,
(b) any other member of that authority, or
(c) a member of any other authority to which this Part of this Act applies which is alleged in the complaint to have taken or authorised the action complained of.
(3) Subject to subsection (4), a referral under this section must be made in writing.
(4) A Local Commissioner may disapply the requirement in subsection (3) in relation to a particular referral.
(5) If a Local Commissioner is satisfied that the complainant asked a member of an authority mentioned in subsection (2) to refer the complaint to a Local Commissioner, he may treat the complaint as if it had been referred to him under this section.
(6) In this section, references to a member of an authority include—
(a) in relation to a National Park authority, a member of any of the councils by whom a local authority member of the authority is appointed;
(b) in relation to a joint board, a member of any of the constituent authorities of the joint board;
(c) in relation to a joint authority established by Part 4 of the Local Government Act 1985, a member of a constituent council of that authority.
26D Matters coming to attention of Local Commissioner
(1) This section applies to a matter which has come to the attention of a Local Commissioner if—
(a) the matter came to his attention during the course of an investigation under this Part of this Act,
(b) (subject to subsection (3)) the matter came to his attention—
(i) before the person affected or his personal representatives had notice of the matter, or
(ii) in any other case, before the end of the permitted period, and
(c) it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.
(2) In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with—
(a) the day on which the person affected first had notice of the matter, or
(b) if the person affected has died without having notice of the matter, the day on which the personal representatives of the person affected first had notice of the matter.
(3) A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.”
(2) In subsection 27 of that Act (provisions relating to complaints)—
(a) for the title substitute “Members of the public”;
(b) in subsection (1), for the words before paragraph (a) substitute “In this Part of this Act, “member of the public” means an individual or a body of persons, whether incorporated or not, other than—”;
(c) omit subsection (2).’.— [Mr. Alan Campbell.]
Brought up, and read the First time and Second time, and added to the Bill.
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