House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Notices of Amendments: 4 June 2009
12

Local Democracy, Economic Development and -[ [], continued

Julia Goldsworthy

Dan Rogerson

50

Clause  19,  page  13,  line  1,  leave out subsection (6).

Julia Goldsworthy

Dan Rogerson

51

Page  4,  line  22,  leave out Clause 3.

Julia Goldsworthy

Dan Rogerson

52

Page  4,  line  40,  leave out Clause 4.

Julia Goldsworthy

Dan Rogerson

53

Clause  5,  page  5,  line  5,  leave out ‘sections 2 and 3’ and insert ‘section 2’.

Julia Goldsworthy

Dan Rogerson

54

Clause  5,  page  5,  line  9,  leave out subsection (2).

Julia Goldsworthy

Dan Rogerson

55

Clause  75,  page  54,  line  31,  leave out subsection (3) and insert—

‘(3)
If after proceedings under subsection (2)(b) the Secretary of State proposes to

make any modifications to the draft they must publish—

(a)
the changes proposed,

(b)
the reasons for doing so.

(3A)
Any person may make representations on the proposed changes.’.

Julia Goldsworthy

Dan Rogerson

56

Clause  75,  page  54,  line  44,  at end insert ‘including the reasons for making any

changes to the submitted draft revision.’.

Julia Goldsworthy

Dan Rogerson

57

Clause  5,  page  5,  line  17,  leave out paragraph (b).

Julia Goldsworthy

Dan Rogerson

58

Clause  5,  page  5,  line  27,  leave out ‘, 3 or 4’.

Notices of Amendments: 4 June 2009
13

Local Democracy, Economic Development and -[ [], continued

Julia Goldsworthy

Dan Rogerson

59

Clause  5,  page  5,  line  34,  leave out ‘sections 2, 3 and 4’ and insert ‘section 2’.

Amalgamation of one or more local authorities

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC4

To move the following Clause:—

‘(1)
One or more principal councils may request the Local Government Boundary

Commission for England to advise, no later than a date specified in the request,

on proposals for the amalgamation of the relevant principal councils.

(2)
The Local Government Boundary Commission for England shall provide the

advice requested.

(3)
Where they provide that advice, the Local Government Boundary Commission

for England must also do any of the following that they think appropriate—

(a)
recommend that the Secretary of State implements the proposal without

modification;

(b)
recommend that he does not implement it.

(4)
Any principal council submitting a proposal for amalgamation must if requested

by the Local Government Boundary Commission for England by such date as

they may specify with any information that the Local Government Boundary

Commission for England may reasonably require in connection with its functions

under this Clause.

(5)
If the Local Government Boundary Commission for England recommends the

proposal without modification the Secretary of State may—

(a)
by order implement the proposal, with or without modification; or

(b)
decide to take no action.

(6)
The Secretary of State may not in any case make an order under subsection (5)(a)

implement a proposal unless he has consulted the following about the proposal—

(a)
every authority affected by the proposal (except the authority or

authorities which made it); and

(b)
such other persons as he considers appropriate.’.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

60

Clause  66,  page  49,  line  13,  leave out ‘must’ and insert ‘may’.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

61

Clause  66,  page  49,  line  19,  leave out ‘, other than a non-unitary discrict council’.

Notices of Amendments: 4 June 2009
14

Local Democracy, Economic Development and -[ [], continued

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

62

Clause  66,  page  49,  line  27,  leave out from ‘council’ to end of line 28 and insert ‘it

shall act in partnership with the district council or distric councils for that area in

discharging its functions under this section.’.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

63

Clause  66,  page  49,  line  35,  leave out subsections (6) and (7).

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

64

Clause  66,  page  50,  line  8,  at end insert—

‘( )
When conducting an assessment under this Part, a principal local authority must

consider the impact on the social, environmental and economic well-being of the

authority’s area, including where applicable (but not limited to) the effect on

ports, caused by non-domestic rating revaluations.’.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

65

Page  50,  line  12,  leave out Clause 67.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

66

Page  51,  line  2,  leave out Clause 68.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

67

Page  51,  line  37,  leave out Clause 69.

Local spending reports

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC5

To move the following Clause:—

‘(1)
Section 6 of the Sustainable Communities Act 2007 (c. 23) (local spending

reports) is amended as follows.

(2)
At the end of subsection (9) insert “and shall make all arrangements within the

period of 26 months beginning on that date.”’.

Notices of Amendments: 4 June 2009
15

Local Democracy, Economic Development and -[ [], continued

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

68

Clause  71,  page  52,  line  21,  leave out subsections (4) and (5).

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

69

Page  55,  line  2,  leave out Clause 76

Delegation by regional development agencies

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC6

To move the following Clause:—

‘(1)
The Regional Development Agencies Act 1998 (c. 45) is amended as follows.

(2)
After section 6A (delegation of functions to the Mayor of London and the London

Development Agency) insert—

“6B
Delegation of functions by regional development agencies

(1)
Subject to the provisions of this section, a regional development agency

shall within six months of the coming into force of this section and at

yearly intervals thereafter propose such delegations for the discharge of

any of their functions by a local authority within their area, or jointly by

a group of local authorities within that area having regard to the

desirability of maximising such delegation.

(2)
For the purposes of this section, a “function” shall include any part of a

function, or any function or part of a function which is exercisable by

required development agency only in relation to part of the area of a local

authority.

(3)
Whether or not a regional development agency has made proposals under

subsection (1), the Secretary of State shall have power to direct an agency

to make such delegations as he may determine, after taking into account

any representations made to him by any local authority in the area

concerned, or by the agency.

(4)
Two or more local authorities to which any function has been delegated

under this section may arrange for it to be discharged by them jointly or

in accordance with any executive arrangements agreed by them from

time to time.”’.

Notices of Amendments: 4 June 2009
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Local Democracy, Economic Development and -[ [], continued

Power of general competence

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC7

To move the following Clause:—

‘(1)
The Local Government Act 2000 (c. 29) is amended as follows.

(2)
Sections 3(1) to (4A) and (8) are deleted.

(3)
After subsection 8 insert—

“The Secretary of State must prepare proposals to devolve more functions to

principal local authorities (as defined in Clause (3) of this Act) within the period

of one year beginning with the day on which this Act is passed.”’.

Abolition of comprehensive area assessments

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC8

To move the following Clause:—

‘(1)
Sections 99 and 100 of the Local Government Act 2003 (c. 26) are deleted.’.

Abolition of national process targets

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC9

To move the following Clause:—

‘(1)
The Local Government and Public Involvement in Health Act 2007 (c. 28) is

amended as follows.

(2)
In section 105 insert—

“(4)
All national targets and local improvement targets incorporated within a

local area agreement (as defined in section 106(1) or designated under

section 109) shall relate solely to the quality and quantity of frontline

services within the local authority’s area rather than processes relating to

such services.”’.

Payments by parish and community councils

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC10

To move the following Clause:—

‘(1)
The Local Government Act 1972 (c. 70) is amended as follows.

Notices of Amendments: 4 June 2009
17

Local Democracy, Economic Development and -[ [], continued

(2)
In section 150, for subsection 5, there is substituted—

“(5)
Every parish or community council must make safe and efficient

arrangements for the making of their payments.”.

(3)
In section 246, for subsection 12, there is substituted—

“(12)
Charter trustees must make safe and efficient arrangements for the

making of their payments.”’.

Payments by charter trustees

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC11

To move the following Clause:—

‘(1)
The Charter Trustees Regulations 1996 (SI 1996/263) is amended as follows.

(2)
In Regulation 15, for paragraph (2), there is substituted—

“(2)
Charter trustees must make safe and efficient arrangements for the

making of their payments.”’.

Payments by parish and community councils and charter trustees

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC12

To move the following Clause:—

‘(1)
The Secretary of State may by regulations prescribe requirements relating to the

making of payments by—

(a)
a parish council, or

(b)
charter trustees in England constituted under section 246 of the Local

Government Act 1972 or the Charter Trustees Regulations 1996 (SI

1996/263).

(2)
The Welsh Ministers may by regulations prescribe requirements relating to the

making of payments by—

(a)
a community council, or

(b)
charter trustees in England constituted under section 246 of the Local

Government Act 1972 or the Charter Trustees Regulations 1996 (SI

1996/263).

(3)
Regulations under this section may make different provisions for different cases.

(4)
Regulations under this section must be made by statutory instrument.

(5)
A statutory instrument containing regulations under this section is subject to

annulment in pursuance of a resolution of—

(a)
either House of Parliament (in the case of regulations under subsection

(4)), or

(b)
the National Assembly for Wales (in the case of regulations under

subsection (5)).

(6)
This section comes into force—

Notices of Amendments: 4 June 2009
18

Local Democracy, Economic Development and -[ [], continued

(a)
in relation to England, on such day as the Secretary of State may by order

made by statutory instrument appoint;

(b)
in relation to Wales, on such day as the Welsh Ministers may so

appoint.’.

Audit

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC13

To move the following Clause:—

‘(1)
Section 16 of the Audit Commission Act 1998 is amended as follows.

(2)
After subsection (3) insert—

“(4)
An auditor shall only have a duty to consider an objection if a number of

electors greater than the threshold make an objection in respect of any

item or group of items within the accounts under audit.

(5)
The threshold referred to in (4) above shall be 10 electors or 1% of the

electoral roll, whichever is the greater.”’.