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| | Thursday 10 February 2011 |
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| | New Amendments handed in are marked thus  |
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| |  Amendments which will comply with the required notice period at their next appearance
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| | | The Amendments have been arranged in accordance with the Order of the |
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| | Clause 66, page 48, line 28, at end insert— |
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| | | ‘(c) | the relevant authority reasonably believes that, if the authority accepts the |
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| | | expression of interest, the relevant body intends to submit a bid to |
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| | | provide the service in the procurement exercise to be carried out by the |
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| | | relevant authority under section 68(2), and |
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| | | (d) | the expression of interest provides evidence that a majority of the users |
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| | | of the relevant service, or those otherwise affected by the expression of |
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| | | interest, support the expression of interest.’. |
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| | Clause 66, page 48, line 34, leave out paragraph (d). |
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| | Clause 66, page 49, line 1, after ‘means’, insert ‘a body, the activities of which are |
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| | not carried on for profit, and which is’. |
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| | Clause 66, page 49, line 7, after ‘authority’, insert ‘who have secured, by ballot, the |
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| | support of a majority of those employees of the relevant authority whose principal work, |
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| | in their capacity as employees of the relevant authority, is in the provision of the relevant |
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| | Clause 66, page 49, line 7, after ‘authority’, insert ‘who have formed an |
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| | organisation for charitable purposes or a community interest company or industrial and |
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| | Clause 66, page 49, line 8, leave out paragraph (e). |
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| | Clause 66, page 49, line 13, after ‘voluntary’, insert ‘or community’. |
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| | Clause 66, page 49, line 17, at end insert— |
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| | | ‘(8A) | For the purposes of subsection (5) the meaning of “body” is restricted to a body |
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| | | whose principal activities are carried out in the area of the relevant authority.’. |
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| | Clause 66, page 49, line 18, leave out subsection (9). |
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| | Clause 67, page 49, line 35, leave out subsection (5). |
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| | Clause 68, page 50, line 1, leave out subsection (2) and insert— |
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| | | ‘(2) | If the relevant authority accepts the expression of interest it must— |
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| | | (a) | where the expression of interest relates to provision on behalf of the |
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| | | authority of the relevant service, carry out a procurement exercise for that |
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| | | (b) | where the expression of interest relates only to assisting in the provision |
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| | | of the relevant service, set out how it proposes to involve the relevant |
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| | | body in that provision.’. |
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| | Clause 68, page 50, line 7, leave out subsection (4). |
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| | Clause 68, page 50, line 12, leave out subsections (5) and (6) and insert— |
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| | | ‘(5) | A relevant authority must, in considering an expression of interest, consider— |
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| | | (a) | whether acceptance of the expression of interest would promote or |
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| | | improve the social, economic or environmental well-being of the |
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| | | (b) | whether acceptance of the expression of interest would promote or |
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| | | improve equality for people who work, study or live in the authority’s |
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| | | (c) | whether acceptance of the expression of interest would disadvantage |
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| | | vulnerable groups in society, and |
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| | | (d) | the effect of acceptance of the expression of interest on the continuity of |
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| | | (6) | A relevant authority must, in carrying out the exercise referred to in subsection |
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| | | (a) | how it might promote or improve the social, economic or environmental |
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| | | well-being of the authority’s area by means of that exercise, |
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| | | (b) | how it might promote or improve equality for people who work, study or |
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| | | live in the authority’s area by means of that exercise, |
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| | | (c) | the interests of vulnerable groups in society, and |
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| | | (d) | the continuity of the relevant service.’. |
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| | Clause 68, page 50, line 20, at end insert— |
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| | | ‘(7A) | If a contract for service provision is awarded to a relevant body which includes |
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| | | employees of the relevant authority, the former employees of the relevant |
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| | | authority holding paid employment with the relevant body are not subject to the |
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| | | provisions of section 80 of the Local Government Act 1972.’. |
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| | Clause 68, page 50, line 21, leave out subsection (8). |
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| | Clause 69, page 50, line 30, leave out subsection (3). |
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| | Clause 69, page 50, line 34, leave out from ‘decision’ to end of line 35. |
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| | Clause 69, page 50, line 39, after ‘website’, insert ‘and in print, both to be in |
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| | formats easily understandable and useable by communities.’. |
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| | Page 51, line 3, leave out Clause 70. |
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| | Clause 71, page 51, line 17, leave out subsections (3) and (4) and insert— |
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| | | ‘(3) | Where land is included in a local authority’s list of assets of community value the |
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| | | entry for that land is to be removed from the list after a period to be specified by |
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| | | the appropriate authority, by regulations, of not less than five years.’. |
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| | Clause 71, page 52, line 3, at end insert— |
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| | | ‘(7) | A list of assets of community value shall not include land or assets that are |
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| | | (8) | In this section “Operational Land” means— |
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| | | (a) | in relation to statutory undertakers— |
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| | | (i) | land which is used for the purpose of carrying on their |
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| | | (ii) | land in which an interest is held for that purpose; |
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| | | (b) | in relation to public bodies that are not statutory undertakers, land which |
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| | | is used for the purpose of carrying on their functions and duties.’. |
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| | Clause 72, page 52, line 7, at end insert ‘, except that land of community value may |
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| | only be land owned by a relevant public authority.’. |
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| | Clause 73, page 53, line 10, leave out sub-paragraph (iii) and insert— |
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| | | ‘(iii) | by other persons resident, or community organisations based, |
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| | | within the local authority’s area unless otherwise prescribed by |
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| | | the appropriate authority.’. |
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| | Clause 73, page 53, line 11, at end insert— |
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| | | ‘(2A) | For the purposes of subsection (2)(b) “community organisation” means a body— |
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| | | (a) | that carries on activities primarily for the benefit of the community, |
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| | | (b) | whose activities are not carried on for profit, and |
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| | | (c) | whose activities are based primarily within the local authority’s area. |
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| | | (2B) | The fact that an organisation’s activities generate a financial surplus does not |
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| | | prevent it from being a community organisation for the purposes of subsection |
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| | | (2)(b) so long as that surplus is used for the purposes of those activities or |
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| | | invested in the community.’. |
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| | Clause 73, page 53, line 15, leave out paragraph (b). |
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| | Clause 74, page 53, line 38, at end insert— |
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| | | ‘(7) | The authority must publish in print and online, in a format easily understandable |
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| | | and useable by communities, information on community nominations and a guide |
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| | | for communities on the related process.’. |
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| | Clause 76, page 54, line 32, at end insert ‘and this review must take no longer than |
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| | Clause 76, page 55, line 10, leave out ‘appeals’ and insert ‘an independent appeals |
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| | Clause 78, page 55, line 42, after ‘publish’, insert ‘in print and online in a format |
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| | rendered easily understandable and useable by communities’. |
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| | Clause 79, page 56, line 22, leave out ‘C’ and insert ‘D’. |
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| | Clause 79, page 56, line 31, at end insert— |
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| | | ‘(4A) | Condition D is that, where the owner is a public body or third sector organisation, |
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| | | any relevant community interest group has been provided with the option of first |
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| | | refusal to purchase the asset, with regulations for this purpose specified by the |
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| | Clause 79, page 56, line 33, at end insert— |
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| | | ‘(5A) | The authority must publish in print and online, in a format easily understandable |
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| | | and useable by communities, information on the moratorium on disposing of |
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| | | listed land and a guide for communities on the related process.’. |
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| | Clause 79, page 57, line 5, after ‘authority’, insert ‘following consultation with |
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| | appropriate bodies for a period of not less than 12 weeks,’. |
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| | Clause 82, page 58, line 2, leave out ‘may’ and insert ‘must’. |
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| | Clause 82, page 58, line 4, leave out ‘may’ and insert ‘must’. |
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| | Clause 82, page 58, line 18, leave out first ‘the’ and insert ‘an independent’. |
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| | | Clause 92, page 63, line 33, at end insert— |
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