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Amendments made: No. 61, page 99, line 36, leave out ‘section 57B’ and insert ‘sections 57B and 57BA’.
No. 62, page 100, line 18, at end insert—
‘57BA Information to be given to subject of allegation
(1) Subsections (2) to (4) apply where a person makes an allegation under section 57A to a standards committee.
(2) The standards committee must take reasonable steps to give a written summary of the allegation to the person who is the subject of the allegation (“P”); but this is subject to regulations under subsection (7).
(3) If the standards committee makes a decision under section 57A(2) that no action should be taken in respect of the allegation, it must take reasonable steps to give notice in writing to P of the decision and the reasons for the decision.
(4) If the standards committee receives a request under section 57B in relation to the allegation, it must take reasonable steps to give notice in writing to P of the request.
(5) The reference in subsection (3) to a decision under section 57A(2) includes a decision under section 57A(2) as applied by section 57B(4) or 58(3).
(6) Subsections (2) to (4) are subject to any direction under section 57C.
(7) The Secretary of State may by regulations—
(a) provide that in circumstances prescribed by the regulations the duty in subsection (2) does not arise at the time the standards committee receives the allegation, and
(b) make provision, in relation to cases where that duty has been prevented by the regulations from arising at that time, as to when it does arise.’.
No. 63, page 100, line 23, leave out ‘and 57B(4)’ and insert ‘, 57B(4) and 57BA(2) to (4)’.
No. 64, page 100, line 35, leave out ‘that date’ and insert ‘then’.
No. 65, page 100, line 41, leave out ‘that date’ and insert ‘then’.
No. 66, page 101, line 39, leave out ‘, to the person who made the allegation,’.
No. 67, page 101, line 40, at end insert ‘to—
(a) the person who made the allegation, and
(b) the person who was the subject of the allegation.’.— [Mr. Michael Foster.]
Amendments made: No. 68, page 107, line 24, after ‘57A’ insert ‘or 57BA’.
No. 69, page 107, line 29, leave out ‘“section”’ and insert ‘“64(2)”’.
No. 70, page 107, line 31, leave out ‘57A,”.’ and insert
‘57A, 60(2) or (3) or 64(2) or (4),”.’.
No. 71, page 107, line 32, leave out ‘(1)’.
No. 72, page 107, line 32, at end insert
‘in each of subsections (1) and (7),’.— [Mr. Michael Foster.]
Amendment made: No. 73, page 115, line 18, at end insert—
‘(1A) In Schedule 7 to the Environment Act 1995 (c. 25) (national park authorities), in paragraph 7(4) for “3” substitute “3A”.’.— [Mr. Michael Foster.]
Amendments made: No. 111, page 119, line 10, at end insert—
‘( ) In Part 3 of the Local Government Act 1974 (c. 7) (Commission for Local Administration in England)—
(a) 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 165 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”;
(b) in section 26C(6) (referral of complaints by authorities) (inserted by section (Complaints and matters coming to Commissioners’ attention)), at the end insert—
“(d) in relation to an authority established by an order under section 165 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 166 of that Act.”’.
No. 112, page 119, line 10, at end insert—
‘( ) In Schedule 2 to the Audit Commission Act 1998 (c. 18) (accounts subject to audit), in paragraph 1, after paragraph (m) insert—
“(ma) an authority established for an area in England by an order under section 165 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.’.
No. 113, page 119, line 20, at end insert—
‘( ) In section 23(1) of the Local Government Act 2003 (c. 26) (definition of local authority), after paragraph (n) insert—
“(na) an authority established for an area in England by an order under section 165 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);”.’.— [Mr. Michael Foster.]
Amendments made: No. 219, page 135, line 20, at end insert—
‘(1A) Any order made by the Electoral Commission under this Act must be made by statutory instrument’.
No. 114, page 135, line 21, after ‘168’ insert
‘, (Entities controlled etc by local authorities), (Definitions of certain terms for purposes of other enactments: Wales)’.
No. 115, page 135, line 23, leave out ‘under section 168,’ and insert
‘made by the Welsh Ministers under section 168, (Entities controlled etc by local authorities) or (Definitions of certain terms for purposes of other enactments: Wales),’.— [Mr. Michael Foster.]
Amendments made: No. 220, page 135, line 30, leave out ‘or 32’ and insert
‘, (Resolution for whole-council elections: requirements), (Resolution for elections by halves: requirements) or (Resolution for elections by thirds: requirements)’.
No. 221, page 135, line 40, after ‘only’, insert—
‘(a) an order made by the Electoral Commission, or’.
No. 116, page 136, line 14, leave out from ‘under’ to ‘may’ in line 15 and insert ‘this Act’.— [Mr. Michael Foster.]
Amendment made: No. 55, page 136, line 23, at end insert—
‘( ) The Secretary of State may pay to the Arts Council of England and the Museums, Libraries and Archives Council such sums as he may determine in respect of their expenses under or by virtue of this Act.’.— [Mr. Michael Foster.]
Amendments made: No. 117, page 136, line 39 leave out ‘and (3)’ and insert ‘to (4)’.
No. 118, page 137, line 2, leave out ‘or 167’ and insert ‘, 167 or 188’.
No. 119, page 137, line 2, after ‘Schedule 1,’ insert ‘(Elections: consequential amendments),’.
No. 120, page 137, line 2, after second ‘14’ insert ‘, 15’.
No. 121, page 137, line 3, at end insert—
‘(4) The repeal made by paragraph 1(2)(b) of Schedule (Consequential amendments relating to entities controlled etc by local authorities) and the entry in Part 13A of Schedule 15 relating to the Prevention of Corruption Act 1916 (c. 64) extends to England and Wales and to Scotland.’.— [Mr. Michael Foster.]
Amendments made: No. 222, page 137, line 5, leave out subsection (1) and insert—
‘(1) This section and sections 189, 191, 193 and 195 come into force on the day on which this Act is passed.’.
No. 223, page 137, line 17, leave out ‘so far as not brought into force by subsection (1)’.
No. 224, page 137, line 18, leave out ‘so far as not brought into force by subsection (1)’.
No. 56, page 137, line 19, leave out ‘except section 91’ and insert
‘(except section 91), Part 4A of Schedule 15 and section 190 so far as relating to that Part of that Schedule’.
No. 122, page 137, line 22, at end insert—
‘sections (Entities controlled etc by local authorities) to (Definition of certain terms for purposes of other enactments: Wales) and (consequential amendments)(3) and (4);’.
No. 225, page 137, line 37, leave out subsection (6).— [Mr. Michael Foster.]
Local Government and Housing Act 1989 (c. 42)
1 (1) Section 9 of the Local Government and Housing Act 1989 (assistants for political groups) is amended as follows.
(2) In subsection (11), in paragraph (a) of the definition of “appropriate year”, for “one in relation to which provision for whole council elections has been made by virtue of section 7(4)(a) or 26(2)(a) of the Local Government Act 1972” substitute “subject to whole council elections by virtue of Part 2 of the Local Government and Public Involvement in Health Act 2007”.’.— [Mr. Michael Foster.]
Brought up, read the First and Second time, and added to the Bill.
1 Part 3 of the Local Government Act 1974 (c. 7) (Commission for Local Administration in England) is amended in accordance with this Part of this Schedule.
2 In section 23(12) (three-yearly reviews by the Commission), for “complaints” substitute “matters”.
3 (1) Section 26 (matters subject to investigation) is amended as follows.
(2) In subsection (6), for “person aggrieved” (in each place) substitute “person affected”.
(3) In subsection (6A), for “any action taken in connection with the discharge by an authority” substitute “any action taken by or on behalf of an authority in the exercise”.
(4) In subsection (7), in paragraphs (aa), (a) (in both places) and (ba), for “complaint” substitute “matter”.
(5) Omit subsection (10) (Local Commissioners’ discretion to investigate matters etc).
(a) in paragraph (a), for “person aggrieved” substitute “person affected”;
(7) Omit subsections (12) and (13) (restrictions on investigating matters arising before specified dates).
4 (1) Section 28 (payments to complainants and persons assisting with investigations) is amended as follows.
(a) for “conduct an investigation pursuant to a complaint” substitute “investigate a matter under this Part of this Act”;
(b) after “who is alleged in the complaint” insert “(if any), or who otherwise appears to the Local Commissioner,”;
(c) for “the action complained of” substitute “the action which would be the subject of the investigation”;
(d) for “any allegations contained in the complaint” substitute “the matter”.
(3) In subsection (2), for “such investigation” substitute “investigation under this Part of this Act”.
(a) after “the complaint” insert “(if any)”;
(b) omit the words following paragraph (b).
(a) after “the authority concerned” insert “or any other person”;
(b) for “that authority” substitute “the authority concerned or any other person”.
5 (1) Section 29 (further provisions about investigations) is amended as follows.
(2) In subsection (6), omit “with the approval of the Minister for the Civil Service”.
(3) In subsection (8), for “or any officer of the Commission assisting in the performance” substitute “or any person discharging or assisting in the discharge”.
6 (1) Section 31A (consideration of adverse reports) is amended as follows.
(2) For subsections (1) to (2A) substitute—
“(1A) Where a further report of a Local Commissioner under section 31(2A) is considered by a person other than the appropriate listed authority and it is proposed that—
(a) no action should be taken on the report, or
(b) the action recommended in the report should not be taken,
consideration of the report shall be referred to that authority.
(1B) For the purposes of subsection (1A)—
(a) “listed authority” means an authority mentioned in section 25(1) or specified in an order under subsection 25(2) (but does not include a person mentioned in section 25(4) to (5)), and
(b) a listed authority is the appropriate listed authority in relation to a further report if the report relates to the authority (or to any person with which the authority is connected for the purposes of this Part of this Act by virtue of section 25(4) to (5)).
(1C) Subsection (1A) has effect subject to subsection (3).”
(a) for “subsections (1) and (2)” substitute “subsection (1A)”;
(b) in paragraph (a), for “the said section 101, or” substitute “section 101 of the Local Government Act 1972,”;
(c) for paragraph (b) substitute—
“(b) a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966, or
(c) an admission appeal panel or exclusion appeal panel mentioned in section 25(5)(c) or (e),
and the report is considered by that committee or panel.”
(4) In subsection (5), for the words from the beginning to “shall vote” substitute “No individual shall decide or vote”.
(5) Omit subsections (5A) and (6).
(a) omit “Where the authority concerned is the Greater London Authority,”;
(b) for “the Authority” substitute “the Greater London Authority”;
(c) for “the authority concerned (other than references to a member of the authority concerned)” substitute “an authority”.
7 (1) Section 32 (law of defamation and disclosure of information) is amended as follows.
(2) In subsection (1)(a), for “any officer of the Commission” substitute “any person discharging or assisting in the discharge of a function of a Local Commissioner”.
(a) for “any officer of the Commission” substitute “any person discharging or assisting in the discharge of a function of a Local Commissioner”;
(b) after “a complainant” insert “, or with the person affected in relation to a matter,”.
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