Letter from the Clerk of the Committee to the
Department for Communities and Local Government
Thank you for your letter of 29 October, setting
out the responses to the Committee's questions about the draft
Order. There are a few areas where further clarification is required.
As a consequence of timetable constraints, I should be grateful
if you would let me have the information requested below by Tuesday
13 November at the latest.
1) (Reference Q1 in the letter of 17 October)
In the light of the explanation given
in response to our question 1, what thought has been given to
revising paragraph 3 of the preamble to reflect the position more
accurately? For example:
"Agreement has been given in accordance with
section 11 of that Act( )."
together with a new footnote as follows:
"( ) By virtue of paragraph 39
of Schedule 11 to the Government of Wales Act 2006, the agreement
of the National Assembly for Wales which was given on 27 March
2007 has effect as if it were the agreement of the Welsh Ministers.".
2) (Reference Q13b) Why
was the Audit Commission, which is responsible for monitoring
local authority expenditure, not consulted?
3) (Reference Answer to Q13b) What
is the legal requirement that calls for the expenses on overseas
assistance to be separately identified in the accounts and for
those accounts to be available to the local electors?
4) (Reference Q15) The
Committee is aware that Parliamentary Counsel drafts amendments
to primary legislation, but looks to the Department for responses
to all its questions. Accordingly, please endeavour to consult
with Parliamentary Counsel and provide the explanation requested,
noting that, as the relevant House of Lords Committee has caused
the procedure to become super-affirmative, the option of recommending
amendments to the order is available.
5) At what stage will
the Department consider revising the footnotes and Explanatory
Note as set out in the table to the Committee's letter of 17 October?
7 November 2007