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(4) In subsection (1)(d), for “section 24” substitute “section 23A”.
(5) After subsection (1)(e) insert—
“(f) the publication of any matter by inclusion in a report, statement or summary published or supplied under section 31B.”
(a) for “any officer of the Commission” substitute “any person discharging or assisting in the discharge of a function of a Local Commissioner”;
(b) in paragraph (a), for “report to be made under section 30 or 31” insert “report, statement or summary under section 30, 31 or 31B”;
(c) in paragraph (b), for “an officer of the Commission” substitute “a person discharging or assisting in the discharge of a function of Local Commissioner”;
(d) in the words following paragraph (c), for “the officers of the Commission” substitute “persons discharging or assisting in the discharge of a function of a Local Commissioner”.
(a) for “any of the authorities mentioned in section 25(1) above” substitute “any of the authorities to which this Part of this Act applies”;
(b) for “any member of the staff of the Commission who is allocated to assist him” substitute “any person discharging or assisting in the discharge of a function of a Local Commissioner”.
(8) After subsection (3A) (inserted by section 138) insert—
“(3B) Section 25(4), (4A) and (5) do not apply for the purpose of subsection (3).”
8 (1) Section 33 (consultation with other Commissioners etc) is amended as follows.
(a) for “the complaint relates partly to” substitute “the matters which are the subject of the investigation include”;
(b) for “about the complaint and” substitute “about the matter and, where a complaint was made about the matter, he shall”.
(a) for “a complaint under this Part of this Act” substitute “a matter under investigation under this Part of this Act”;
(b) for “any matter relating to the complaint” substitute “anything relating to the matter”;
(c) in paragraph (a), for “complaint” substitute “matter”.
9 In section 34(1) (interpretation of Part)—
(a) in the definition of “member”, omit paragraphs (b) and (c);
(b) for the definition of “person aggrieved” substitute—
(c) in relation to a matter which is the subject of a complaint made or to be made under this Part of this Act, means the member of the public who claims or is alleged to have sustained injustice in consequence of the matter, and(d) in relation to a matter coming to the attention of a Local Commissioner to which section 26D applies, means the member of the public who the Local Commissioner considers has, or may have, sustained injustice in consequence of the matter;”.10 (1) Schedule 4 (the Commission) is amended as follows.
(2) In paragraph 3 (remuneration etc of Commissioners and their officers)—
(a) in sub-paragraph (1) omit “, with the approval of the Minister for the Civil Service,”;
(b) in sub-paragraph (2) omit “, with the consent of the Minister for the Civil Service,”.
(a) in sub-paragraph (2), for “complaints” substitute “matters”;
11 In Schedule 5 (matters not subject to investigation), in paragraphs 2, 6, 7 and 8, after “taken by” insert “or on behalf of”.
Local Government and Housing Act 1989 (c. 42)
12 (1) The Local Government and Housing Act 1989 is amended as follows.
(2) In section 5 (reports of monitoring officer), in subsection (2)(b), for “injustice” substitute “failure”.
(3) In section 5A (reports of monitoring officer - local authorities operating executive arrangements), in subsection (3)(b), for “injustice” substitute “failure”.
Greater London Authority Act 1999 (c. 29)
13 In section 73(6) of the Greater London Authority Act 1999 (monitoring officer), for “injustice” substitute “failure”.
Local Government Act 2000 (c. 22)
14 (1) The Local Government Act 2000 is amended as follows.
(2) In section 62 (further provisions about investigations by ethical standards officers), in subsection (7)(b) for “by any members or officers of the Commission for Local Administration in England” substitute “obtained in connection with investigations under Part 3 of that Act (Commission for Local Administration in England)”.
(3) In section 67(2) (consultation by Local Commissioners with ethical standards officers)—
(a) for “the complaint relates” substitute “the matters which are the subject of the investigation relate”;
(b) after “about the investigation and” insert “, where a complaint was made about the matter, he may”.
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
15 In section 114 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about social services), in subsection (5)(a) for “(and to be treated as if it had been duly made under section 26 of that Act)” substitute “(and for the complaint to be treated as satisfying sections 26A and 26B of that Act)”.’.— [Mr. Michael Foster.]
Brought up, read the First and Second time, and added to the Bill.
Prevention of Corruption Act 1916 (c. 64)
1 (1) Section 4 of the Prevention of Corruption Act 1916 (interpretation etc) is amended as follows.
(a) after “United Kingdom)” insert “and any entity which is under the control of a local authority or jointly controlled by bodies that include a local authority”;
(b) omit the words from “and companies” to “local authorities”.
(3) After subsection (3) insert—
“(4) For the purposes of subsection (2)—
“an entity under the control of a local authority”, and
“an entity jointly controlled by bodies that include a local authority”,
have the meanings given for the purposes of that subsection by order under section (Definition of certain terms for purposes of other enactments: England) of the Local Government and Public Involvement in Health Act 2007.”
Local Government Act 1972 (c. 70)
2 (1) Section 80 of the Local Government Act 1972 (disqualifications for election and holding office as member of local authority) is amended as follows.
(2) In subsection (1), for paragraph (aa) substitute—
“(aa) holds any employment in an entity which is under the control of the local authority; or”.
(3) After subsection (3) insert—
“(3A) In subsection (1)(aa) as it applies in relation to a local authority in England, the reference to an entity under the control of the local authority has the meaning given by order under section (Definition of certain terms for purposes of other enactments: England) of the Local Government and Public Involvement in Health Act 2007.
(3B) In subsection (1)(aa) as it applies in relation to a local authority in Wales, that reference has the meaning given by order under section (Definition of certain terms for purposes of other enactments: Wales) of that Act.”
Local Government, Planning and Land Act 1980 (c. 65)
3 (1) The Local Government, Planning and Land Act 1980 is amended as follows.
(2) In section 98 (disposal of land at direction of Secretary of State)—
(i) for “bodies” substitute “authorities”;
(ii) for the words from “a company” to the end substitute “an entity which is under the control of that body, subject to its influence or jointly controlled by it and one or more other bodies”;
(b) in subsection (8A) for “bodies” substitute “authorities”.
(3) In section 100 (interpretation etc of Part 10)—
(a) in subsection (1)(a), for the words from “a company” to “interests)” substitute “an entity which is under the control of that body, subject to its influence or jointly controlled by it and one or more other bodies”;
(b) after subsection (1) insert—
“(1ZA) In relation to a body in England to whom this Part of this Act applies, references in this Part to—
(a) an entity under the control of the body,
(b) an entity subject to the influence of the body, and
(c) an entity jointly controlled by the body and one or more other bodies,
have the meanings given by order under section (Definition of certain terms for purposes of other enactments: England) of the Local Government and Public Involvement in Health Act 2007.
(1ZB) In relation to a body in Wales to whom this Part of this Act applies, those references have the meanings given by order under section (Definition of certain terms for purposes of other enactments: Wales) of that Act.”
4 (1) Paragraph 7 of Schedule 7 to the Environment Act 1995 (National Park authorities) is amended as follows.
(2) In sub-paragraph (2) for the words from “a company” to the end substitute “an entity which is under the control of that authority”.
(3) After sub-paragraph (4) insert—
“(4A) In sub-paragraph (2) as it applies in relation to a National Park authority in England, the reference to an entity under the control of the authority has the meaning given by
order under section (Definition of certain terms for purposes of other enactments: England) of the Local Government and Public Involvement in Health Act 2007.
(4B) In sub-paragraph (2) as it applies in relation to a National Park authority in Wales, that reference has the meaning given by order under section (Definition of certain terms for purposes of other enactments: Wales) of that Act.”
Local Government Act 2003 (c. 26)
5 (1) The Local Government Act 2003 is amended as follows.
(2) In section 18 (local authority companies etc)—
(a) in subsection (2), at the end of paragraph (a) insert “and”, and for paragraphs (b) and (c) substitute—
“(b) an entity which is, or the trustees of a trust which is—
(i) under the control of a local authority or Passenger Transport Executive,
(ii) subject to the influence of such an authority or Executive, or
(iii) jointly controlled by bodies that include such an authority or Executive.”
(b) after subsection (2) insert—
“(2A) The references in subsection (2)(b) to—
(a) “an entity under the control of” and “a trust under the control of” a local authority or Passenger Transport Executive,
(b) “an entity subject to the influence of” and “a trust subject to the influence of” such an authority or Executive, and
(c) “an entity jointly controlled by bodies that include” and “a trust jointly controlled by bodies that include” such an authority or Executive,
have the meanings given by order under section (Definition of certain terms for purposes of other enactments: England) of the Local Government and Public Involvement in Health Act 2007.”
(3) The provision in section 24 of that Act (Wales) is renumbered subsection (1) of that section, and after that provision there is inserted—
“(2) In its application to Wales, section 18 has effect as if—
(a) any reference to a Passenger Transport Executive were omitted, and
(b) for the reference in subsection (2A) to section (Definition of certain terms for purposes of other enactments: England) of the Local Government and Public Involvement in Health Act 2007 there were substituted a reference to section (Definition of certain terms for purposes of other enactments: Wales) of that Act.”
(4) In section 95 (power to trade in function-related activities through a company)—
(a) in subsection (4) omit the words from “within” to the end;
(b) for subsections (5) and (6) substitute—
“(5) An order under section (Entities controlled etc by local authorities) of the Local Government and Public Involvement in Health Act 2007 (regulation of entities controlled etc by local authorities) may include provision applying any of the provisions of that order, with or without modifications—
(a) to a company through which a relevant authority which is not a local authority for the purposes of that section exercises or proposes to exercise powers conferred by order under this section; or
(b) to such a relevant authority, or members or officers of such a relevant authority, in relation to such a company.
(6) Any requirement or prohibition imposed on or in relation to a company by virtue of subsection (5) must relate to the doing for a commercial purpose of the thing to which the order under this section relates.”;
(c) in subsection (7), before the definition of “ordinary functions” insert—
(a) a company within the meaning given by section 1(1) of the Companies Act 2006; or(b) a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969,”.
(5) In subsection 96(5) (definition of “company”) for the words from “Part 5” to the end substitute “section 95”.
(6) In section 100(2)(a) (exercise of powers by reference to authorities’ performance categories), for the words from “section 70” to the end substitute “section (Entities controlled etc by local authorities) of the Local Government and Public Involvement in Health Act 2007”.
Public Audit (Wales) Act 2004 (c. 23)
6 (1) Section 48 of the Public Audit (Wales) Act 2004 (permitted methods of publishing information) is amended as follows.
(2) In subsection (3)(a) for “a local authority company” substitute “an entity under the control of a local authority”.
(3) For subsections (5) and (6) substitute—
“(5) In subsection (3) “an entity under the control of a local authority” has the meaning given for the purposes of that subsection by order under section (Definition of certain terms for purposes of other enactments: Wales) of the Local Government and Public Involvement in Health Act 2007.
(6) But the Welsh Ministers may direct that an entity, or entities of a particular description, are to be treated as not being under the control of a local authority for the purposes of subsection (3).
(7) A direction under subsection (6) may be given so as to apply—
(a) for a period specified in the direction; or
(b) subject to conditions so specified.
(8) A direction under subsection (6) may be varied or revoked by a subsequent direction under that subsection.
(9) In subsection (6) “entity” means any entity, whether or not a legal person.”’.— [Mr. Michael Foster.]
Brought up, read the First and Second time, and added to the Bill.
Amendment made: No. 57, page 145, leave out lines 22 to 24 and insert—
‘(2) The executive arrangements may include provision specifying the number of members (including the elected leader) who are to be elected to the executive in accordance with section 11(3A) (the “specified membership”).
(2A) The specified membership—
(b) must not be greater than the maximum number of members of the elected executive (as determined under section 11(8) or regulations under section 11(9)).
(2B) If the specified membership is 4 or more, the executive arrangements may also include provision specifying the number of members of the executive that is to be the minimum effective membership for the purposes of section 41(2).
(2C) The minimum effective membership that is specified—
(a) must be the same as, or smaller than, the specified membership, but
(b) must not be smaller than 3.
(2D) The executive arrangements may include provision specifying—
(a) the minimum number of members (including the elected leader) who are to be elected to the executive in accordance with section 11(3A) (the “specified minimum membership”), and
(b) the maximum number of members (including the elected leader) who are to be elected to the executive in accordance with section 11(3A) (the “specified maximum membership”).
(2E) The specified minimum membership must be 3 or more.
(2F) The specified maximum membership must not be more than the maximum number of members of the elected executive (as determined under section 11(8) or regulations under section 11(9)).
(2G) If the specified minimum membership is 4 or more, the executive arrangements may also include provision specifying the number of members of the executive that is to be the minimum effective membership for the purposes of section 41(2).
(2H) The minimum effective membership that is specified—
(a) must be the same as, or smaller than, the specified minimum membership, but
(b) must not be smaller than 3.
(2I) The executive arrangements may not include provision under sub-paragraph (2) and provision under sub-paragraph (2D).’.— [Mr. Michael Foster.]
Amendment made: No. 226, page 146, line 34 column 2, leave out ‘2007’ and insert ‘2009’.— [Mr. Michael Foster.]
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