‘(1) Section 23 of the Local Government Act 1974 (c. 7) (appointment and removal of Commissioners) is amended as follows.
(2) In subsection (4) (appointment of Commissioners) omit from “after consultation” to the end.
(3) After subsection (4) insert-
“(4A) Subject to subsections (5) to (6), a Commissioner shall hold and vacate office in accordance with the terms of his appointment.”
(4) For subsection (5) substitute-
“(5) A Commissioner’s appointment may be a full-time or part-time appointment and, with the Commissioner’s consent, the terms of the appointment may be varied as to whether it is full-time or part-time.
(5A) A Commissioner must be appointed for a period of not more than 7 years.
(5B) A Commissioner shall, subject to subsection (6), hold office until the end of the period for which he is appointed.”
(5) In subsection (6) (removal of Commissioners and obligation to vacate office at end of year in which Commissioner attains age of 65) omit from “, and shall in any case vacate office” to the end.
(6) After subsection (6) insert-
“(6A) A person appointed to be a Commissioner is not eligible for re-appointment.”’.--[Mr. Woolas.]
Brought up, read the First and Second time, and added to the Bill.”
New Clause
22
Annual
reports
‘(1) Section 23A of
the Local Government Act 1974 (c. 7) (annual reports) is amended
as follows.
(2) In subsection (1), after
“functions” insert “(an “annual
report”)”.
(3) In
subsection (2)—
(a) for
“The report” substitute “The annual
report”;
(b) for
“their own report” substitute “their annual
report”.
(4) In
subsection (3), for “the report submitted by them under
subsection (1) above” substitute “the annual
report”.
(5) After
subsection (3)
insert—
“(3A) The
Commission must lay a copy of the annual report before
Parliament.”
(6) Omit
subsections (4) and (5) (comments on Commission’s annual
report).’.—[Mr.
Woolas.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
23
Making
complaints etc.
electronically
‘(1) Part 3 of
the Local Government Act 1974 (c. 7) (Commission for Local
Administration in England) is amended as
follows.
(2) In section 32 (law
of defamation and disclosure of information), after subsection (3)
insert—
“(3A) A
notice under subsection (3) above may not be given
electronically.”
(3) In
section 34 (interpretation of Part), after subsection (1)
insert—
“(1A) In
this Part of this Act, except as otherwise provided, references to
something being done in writing are to it being done in writing whether
electronically or otherwise (and references to anything written shall
be interpreted accordingly).”’.—[Angela E.
Smith.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
24
Expenses
of the Commission
‘In
Schedule 4 to the Local Government Act 1974 (c. 7) (the
Commission) for paragraphs 6 to 8
substitute—
“5A
(1) The Secretary of State must pay to the Commission in respect of
each financial year such amount as he determines to be the amount
required for the discharge during that year of the functions of the
Commission.
(2) A determination
under sub-paragraph (1) must be approved by the
Treasury.”’.—[Angela E.
Smith.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
25
Delegation
‘In
Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) at
the end
insert—
“Delegation
13
(1) Any function of a Commissioner may be discharged on the
Commissioner’s
behalf—
(a) by any
person authorised by the Commissioner to do so,
and
(b) to the extent so
authorised.
(2) Sub-paragraph
(1) does not affect the responsibility of the Commissioner for the
discharge of the function.”’.—[Angela E.
Smith.]
Brought
up, read the First and Second time, and added to the
Bill.
New Clause
26
Proposals
for joint waste authorities in
England
‘(1) A proposal under
this section is a proposal to the Secretary of State that an authority
be established for a specified area in England to discharge in that
area the waste functions specified in the
proposal.
(2) A proposal under
this section may be made by (and only by) all the local authorities
that are local waste authorities in relation to the area specified in
the proposal.
(3) A local
authority is a “local waste authority” in relation to the
specified area if—
(a)
its area forms the whole or part of the specified area;
and
(b) it currently has one or
more of the specified waste
functions.
(4) A proposal under
this section may not be made if there is a local authority for the
whole of the specified area which currently has all of the specified
waste functions.
(5) The
Secretary of State may by regulations make provision as
to—
(a) matters to be
included in a proposal under this
section;
(b) information that
must accompany a proposal.
(6)
Regulations under subsection (5)(a) may in particular provide that a
proposal under this section must include
proposals—
(a) as to the
number of members of the proposed authority (as to membership, see
section (membership of joint waste
authorities));
(b) as to the
number of members to be appointed by each local authority making the
proposal;
(c) as to the
procedure for appointing a chairman and a
vice-chairman;
(d) for the
costs of the proposed authority to be met by the local authorities
making the proposal, and as to the basis on which the amount payable by
each of the local authorities is to be
determined.
(7) In making a
proposal under this section the local authorities must have regard to
any guidance from the Secretary of State as
to—
(a) what a proposal
should seek to achieve;
(b)
matters that should be taken into account in formulating a
proposal.
(8) In this
section—
“specified”
means specified in the
proposal;
“waste
function” means a function conferred on a local authority by or
under—
(c) Part 2 of the
Environmental Protection Act 1990 (c. 43) (waste on
land);
(d) Part 4 of that Act
(litter etc);
(e) section 32 of
the Waste and Emissions Trading Act 2003 (c. 33) (joint
municipal waste management strategies:
England).
(9) In this Part
“local authority”
means—
(a) a county
council;
(b) a district
council;
(c) a London borough
council;
(d) the Common Council
of the City of London;
(e) the
sub-treasurer of the Inner
Temple;
(f) the under treasurer
of the Middle Temple;
(g) an
authority established under section 10 of the Local Government Act 1985
(c. 51) (joint arrangements for waste disposal functions);
or
(h) a joint waste authority
established under section (implementation of proposals by
order).’.—[Angela E.
Smith.]
Brought
up, read the First and Second time, and added to the
Bill.
New Clause
27
Consultation
‘(1)
A proposal may not be made by any local authorities under section
(proposals for joint waste authorities in England)
unless—
(a) the local
authorities prepared a draft of the proposal;
and
(b) each local authority
took reasonable steps to consult the following about the
draft—
(i) the relevant
electors;
(ii) any interested
person in the authority’s
area.
(2) A person is a
“relevant
elector”—
(a) in
relation to a county council, district council or London borough
council, if he is a local government elector for the council’s
area;
(b) in relation to the
Common Council of the City of London, if his name appears in a ward
list published under section 7 of the City of London (Various Powers)
Act 1957 (5 & 6 Eliz 2 c
x);
(c) in relation to the
sub-treasurer of the Inner Temple or the under treasurer of the Middle
Temple, if his name appears in the ward list published with respect to
the ward of Farrington Without in the City under section 7 of the City
of London (Various Powers) Act
1957;
(d) in relation to an
authority established under section 10 of the Local Government Act 1985
(c. 51) (joint arrangements for waste disposal functions), if he is a
relevant elector in relation to any local authority whose area forms
part of the area for which the authority was
established;
(e) in relation to
a joint waste authority established under section (implementation of
proposals by order), if he is a relevant elector in relation to any
local authority whose area forms the whole or part of the area for
which the joint waste authority was
established.
(3) In this
section, “local government elector” means a person
registered as a local government elector in the register of electors in
accordance with the provisions of the Representation of the People
Acts.’.—[Angela E.
Smith.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
28
Implementation
of proposals by order
‘(1)
Where the Secretary of State receives a proposal under section
(proposals for joint waste authorities in England) he may by order
implement the proposal with or without
modifications.
(2) An authority
established by an order under subsection (1) is referred to in this
Part as a “joint waste
authority”.
(3) An order
under subsection (1) may make provision enabling the Secretary of State
to require the authority established by the order to submit to him a
scheme for—
(a) the
winding-up of the authority;
and
(b) the transfer of its
functions, property, staff, rights and liabilities to appropriate local
authorities.
(4) The Secretary
of State may by order provide for giving effect (with or without
modification) to any scheme submitted to him under a provision made by
virtue of subsection (3) and for the dissolution of the
authority.
(5) The Secretary of
State may exercise his powers under subsection (4) only
where—
(a) he receives a
request to do so from all the appropriate local authorities;
or
(b) he considers that it is
necessary to do so.
(6) The Secretary of State may by order exclude any
functions from those for which a joint waste authority was
established.
(7) An order under
this section may include incidental, consequential, transitional or
supplementary provision.
(8)
The provision that may be made by virtue of subsection (7) includes in
particular provision—
(a) for the transfer of property, rights or
liabilities;
(b) for legal
proceedings commenced by or against any authority to be continued by or
against an authority to whom property, rights or liabilities are
transferred;
(c) for the
transfer of staff, compensation for loss of office, pensions and other
staffing matters;
(d) for
treating any authority to whom a transfer is made for any purposes as
the same person in law as the authority from whom the transfer is
made.
(9) The provision that
may be made by virtue of subsection (7) includes provision amending,
modifying, excluding or applying (with or without modifications) any
enactment or any instrument made under any
enactment.
(10) The power of
the Secretary of State under subsection (1) to implement a proposal
with modifications does not include power
to—
(a) establish a
joint waste authority for an area that is different from the area
specified in the proposal;
or
(b) establish a joint waste
authority to discharge waste functions that are not specified in the
proposal.
(11) In this
section—
“appropriate
local authority”, in relation to a joint waste authority, means
a local authority which would, but for the establishment of the joint
waste authority, have one or more of the functions that the joint waste
authority has;
“waste
function” has the same meaning as in section (proposals for
joint waste authorities in England).’.—[Angela E.
Smith.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
29
Membership
of joint waste authorities
‘A
person may be a member of a joint waste authority only if he
is—
(a) a member of a
local authority which would, but for the establishment of the joint
waste authority, have one or more of the functions that the joint waste
authority has;
(b) the
sub-treasurer of the Inner Temple or the under treasurer of the Middle
Temple in a case where the sub-treasurer or the under treasurer would,
but for the establishment of the joint waste authority, have one or
more of the functions that the joint waste authority
has.’.—[Angela E. Smith.]
Brought up, read the First
and Second time, and added to the
Bill.
New
Clause
30
Consequential
amendments
‘(1) In section
101(13) of the Local Government Act 1972 (arrangements for discharge of
functions by local authorities), after “police authority”
insert “, an authority established for an area in England by an
order under section (implementation of proposals by order) of the Local
Government and Public Involvement in Health Act 2007 (joint waste
authorities)”.
(2) In
section 1(1) of the Local Government Act 1999 (best value authorities),
after paragraph (g) insert—
“(ga) an authority established for an area in
England by an order under section (implementation of proposals by
order) of the Local Government and Public Involvement in Health Act
2007 (joint waste
authorities);”.
(3) In
Schedule 1 to the Freedom of Information Act 2000 (public authorities),
after paragraph 15
insert—
“15A
An authority established for an area in England by an order under
section (implementation of proposals by order) of the Local Government
and Public Involvement in Health Act 2007 (joint waste
authorities).”
(4) In section 24 of
the Waste and Emissions Trading Act 2003 (c. 33) (waste sent to
landfills:
definitions)—
(a) in
subsection (5), for the words “In this Chapter”
substitute “Subject to subsection (6), in this
Chapter”;
(b) after
subsection (5)
insert—
“(6) For
the purposes of this Chapter, a joint waste authority for an area in
England that has the function of disposing of biodegradable municipal
waste is the waste disposal authority for that
area.
(7) In subsection (6) a
“joint waste authority” means an authority established by
an order under section (implementation of proposals by order) of the
Local Government and Public Involvement in Health Act
2007.”’.—[Angela E.
Smith.]
Brought
up, read the First and Second time, and added to the
Bill.
