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Mr. Deputy Speaker then proceeded to put forthwith the Questions necessary for the disposal of the business to be concluded at that hour.
Amendment made: No. 196, page 17, line 36, leave out clause 31.— [Mr. Michael Foster.]
Amendment made: No. 197, page 18, line 4, leave out clause 32.— [Mr. Michael Foster.]
Amendments made: No. 198, page 18, line 31. leave out subsection (1) and insert—
‘(1) On passing a resolution for whole-council elections, a council becomes subject to the following electoral scheme.’.
No. 199, page 19, line 4, leave out ‘2008’ and insert ‘2010’.
No. 200, page 19, line 9, leave out ‘the purposes of section 32’ and insert ‘whole-council elections’.
No. 201, page 19, leave out lines 10 to 13.
No. 202, page 19, line 14, leave out ‘the purposes of section 32’ and insert ‘whole-council elections’.— [Mr. Michael Foster.]
Amendments made: No. 203, page 19, line 20, leave out ‘the purposes of section 32’ and insert ‘whole-council elections’.
No. 204, page 19, line 29, at end insert ‘under section 33’.
No. 205, page 19, line 30, leave out ‘for whole-council elections’.
No. 206, page 19, line 37, leave out ‘scheme for whole-council elections’ and insert ‘new electoral scheme’.— [Mr. Michael Foster.]
Amendment made: No. 207, page 19, line 40, leave out ‘the purposes of section 32’ and insert ‘whole-council elections’.— [Mr. Michael Foster.]
Amendments made: No. 208, page 20, line 5, leave out paragraph (b).
No. 209, page 20, line 12, leave out ‘subsection (2)(c)’ and insert ‘subsections (2) and (3)’.
No. 258, page 20, line 13, leave out subsection (3).
No. 211, page 20, line 23, leave out ‘85(2)’ and insert ‘85’.
No. 212, page 20, line 25, leave out paragraph (c).
No. 89, page 20, line 29, at end insert—
(a) a local authority makes a request under section 7(4) of the Local Government Act 1972, and
(b) immediately before subsection (1)(a) above comes into force in relation to that authority, the request has not yet been dealt with,
the repeal of section 7(4) to (6) of the 1972 Act does not apply to the request unless, and until, it is dealt with.
(6) For the purposes of subsection (5) a request under section 7(4) of the 1972 Act is “dealt with” in either of these cases—
(a) if the Secretary of State notifies the local authority that he has decided not to make an order under section 7(6) of the 1972 Act in response to the request;
(b) if the Secretary of State makes an order under section 7(6) in response to the request.
(7) The repeal of section 7(6) or 8(2) of the Local Government Act 1972 or of section 86(1) of the Local Government Act 2000 (so far as it relates to England) does not affect any order made under that provision before its repeal.’.— [Mr. Michael Foster.]
Amendments made: No. 12, page 27, line 40, leave out ‘members or’.
No. 213, page 28, line 35, leave out ‘2007’ and insert ‘2008’.
No. 214, page 30, leave out lines 15 to 28.
No. 215, page 30, line 35, leave out ‘2008’ and insert ‘2009’.
No. 216, page 31, line 31, column 2, leave out ‘2007’ and insert ‘2009’.
No. 217, page 31, line 32, column 2, leave out ‘2011’ and insert ‘2013’.— [Mr. Michael Foster.]
Amendments made: No. 13, page 32, line 32, after ‘authority’ insert ‘in England’.
No. 14, page 32, line 35, after ‘mayor’ insert ‘of a local authority’.— [Mr. Michael Foster.]
Amendment made: No. 15, page 33, leave out lines 29 and 30 and insert—
‘(4) The number of persons included in a proposed executive must comply with the requirements in the second column of the following table that apply to the local authority.
The requirements that apply to the local authority are those in the row that sets out the kind of executive arrangements operated by the local authority.
Amendments made: No. 16, page 34, leave out lines 32 and 33 and insert—
‘(1) Section 41 of the Local Government Act 2000 (regulations about time of elections etc) is amended as follows.
(2) The provision of section 41 becomes subsection (1) of that section.
No. 17, page 34, line 39, at end insert—
‘(4) After subsection (1) insert—
“(2) Regulations under this section may not provide for an elected executive by-election to be held if the number of remaining members of the executive is the same as, or greater than, the minimum effective membership.
(3) But subsection (2) does not prevent the regulations from providing that, in those circumstances, an elected executive by-election may be held at the direction of the elected leader of the executive.
“elected executive by-election” means—
(a) an election to fill a vacancy in the membership of an elected executive, or(b) an election of a new elected executive because of vacancies in the membership of the current executive;but it does not include any election to be held because of a vacancy in the office of elected leader;
“minimum effective membership” means, in relation to a local authority—
(a) 3 members of the authority’s executive, or(b) if the authority’s executive arrangements include provision under paragraph 2A(2B) or (2G) of Schedule 1, the number of members of the authority’s executive specified in that provision.’.— [Mr. Michael Foster.]Amendments made: No. 18, page 38, line 25, leave out ‘members or’.
No. 218, page 38, line 34, column 2, leave out ‘2008’ and insert ‘2010’.— [Mr. Michael Foster.]
Amendment made: No. 90, page 43, line 25, leave out subsection (4) and insert—
‘(4) In exercising a function under or by virtue of this section a parish council must have regard to any guidance issued by the Secretary of State about the exercise of that function.’.— [Mr. Michael Foster.]
Amendments made: No. 228, page 44, line 24, leave out subsections (1) and (2).
No. 229, page 45, line 1, after ‘review’, insert ‘(including any modification of those terms)’.— [Mr. Michael Foster.]
Amendments made: No. 230, page 45, line 20, leave out ‘proposed recommendations’ and insert
‘recommendations which the petitioners wish a community governance review to consider making’.
No. 231, page 45, line 27, leave out subsection (7).
No. 232, page 45, line 43, leave out subsection (10).— [Mr. Michael Foster.]
Amendment made: No. 233, page 46, line 7, leave out clause 61.— [Mr. Michael Foster.]
Amendments made: No. 91, page 46, line 22, leave out ‘authority’ and insert ‘council’.
No. 234, page 46, line 32, at end insert—
No. 235, page 46, line 33, leave out ‘or 26’.— [Mr. Michael Foster.]
Amendment made: No. 236, page 48, line 15, after ‘recommendations’, insert ‘as’.— [Mr. Michael Foster.]
Amendments made: No. 237, page 48, line 32, at end insert—
‘(2A) The Electoral Commission may by order give effect to recommendations made under subsection (2).
(2B) The Electoral Commission must notify each relevant principal council of whether or not the Commission have given effect to recommendations made under subsection (2).
(2C) If the Electoral Commission have given effect to the recommendations, they must also send each relevant principal council two copies of the order under this section.’.
No. 238, page 48, line 38, at end insert—
‘“relevant principal council”, in relation to recommendations under subsection (2), means—
(e) the principal council that made the recommendations, and(f) if the recommendations are made by a district council for an area for which there is a county council, the county council.’.— [Mr. Michael Foster.]Amendments made: No. 239, page 49, line 16, leave out ‘arrangements (other than’ and insert ‘other arrangements (apart from’.
No. 240, page 49, line 25, leave out from ‘with’ to end of line 30 and insert
‘the day on which the council begins the review.’— [Mr. Michael Foster.]
Amendment made: No. 241, page 51, line 8, at end insert—
‘(2A) The steps taken under subsection (2) must include publication of a notice setting out the matters referred to in subsection (2)(a) and (b).’.— [Mr. Michael Foster.]
Amendment made: No. 242, page 52, line 24, at end insert—
‘(7) An order under section 68 may include such incidental, consequential, transitional or supplementary provision as may appear to the Electoral Commission to be necessary or proper for the purposes of, or in consequence of, or for giving full effect to, the order.’.— [Mr. Michael Foster.]
Amendment made: No. 19, page 53, line 8, leave out ‘Chapter 1 of Part 1 (see section 23)’ and insert ‘section 16’.— [Mr. Michael Foster.]
Amendment made: No. 243, page 53, line 21, leave out ‘local authority’ and insert ‘council’.— [Mr. Michael Foster.]
Amendments made: No. 244, page 53, leave out line 26 and insert—
‘(1) This section applies for the purposes of this Chapter.
(2) The following expressions have the meanings given—’.
No. 245, page 54, line 4, at end insert—
‘“petition area” means the area to which a community governance petition relates;’.
No. 246, page 54, line 10, at end insert—
‘“relevant two-year period”, in relation to receipt of a community governance petition, means the period of two years ending with the day on which the petition is received by the principal council;
“specified recommendations”, in relation to a community governance petition, means the recommendations—
(g) specified in the petition, or(h) treated by section 61 as included in the recommendations specified in the petition;’.No. 247, page 54, line 11, at end insert—
‘(3) A principal council “begins” a community governance review when the council publishes the terms of reference of the review.
(4) A principal council “concludes” a community governance review when the council publishes the notice required by 72(2A).
(5) A principal council is “in the course of undertaking” a community governance review in the period between—
(6) The terms of reference of a community governance review “allow for a community governance petition to be considered” if the terms of reference of the review are such that—
(a) the area under review includes the whole of the petition area; and
(b) the recommendations to be considered by the review include all of the petition’s specified recommendations.’.— [Mr. Michael Foster.]
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