House of Lords Amendments - Local Government Bill

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Session 1998-99
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Amendments to the Local Government Bill

Local Government Bill -
Amendments to be debated in the House of Lords
Here you can browse the Second Marshalled List of Amendments to the Local Government Bill to be moved in Grand Committee in the House of Lords.

The amendments have been marshalled in accordance with the instruction of 21st April 1999, as follows--

Clauses 14 to 29
Schedule 1
Clause 30 to 33 Schedule 2
Clauses 34 and 35

[Amendments marked * are new or have been altered]

Amendment
No.

Clause 14

BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER

65      Page 10, line 30, leave out subsection (5)

66      Page 10, line 41, after ("concerned") insert (", and such persons appearing to him to represent best value authorities as he considers appropriate,")

67      Page 11, line 5, at end insert--

    ("(  )  No direction under this section shall be given unless a resolution in support has been approved by the Select Committee responsible for scrutinising the executive actions of the Secretary of State.")

68      Page 11, line 7, at end insert--

    ("(  )  For the purpose of subsection (8) above, urgency means there is immediate danger of substantial harm or substantial financial loss.")

69      Page 11, line 14, at end insert ("and shall give the authority concerned an opportunity to make representations about the direction within a reasonable period thereafter")

Clause 15

BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER

70      Page 11, line 21, at end insert--

    ("(  )  If the Secretary of State thinks that an enactment prevents best value authorities from generating income directly related to the exercise of their functions he may, by order, make provision modifying or excluding the application of the enactment in relation to those authorities.")

BY THE LORD DIXON-SMITH

71      Page 11, line 23, after ("power") insert ("or exemption")

BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER

72      Page 11, line 30, at end insert--

    ("(  )  No order under this section may make different provision for different authorities which are in the same category.")

BY THE BARONESS HAMWEE
THE BARONESS MADDOCK

73      Page 11, line 30, at end insert--

    ("(  )  In particular, an order under this section may make provision in relation to the supply of information by any person to energy conservation authorities.")

74      Page 11, line 30, at end insert--

    ("(  )  In particular, an order under this section may make provision conferring on the Housing Corporation and Housing for Wales powers to issue guidance about energy efficiency standards in properties managed by registered social landlords.")

BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER

75      Page 11, line 30, at end insert--

    ("(  )  No order shall be made under this section unless its effect is to extend the powers of best value authorities")

Clause 16

BY THE LORD DIXON-SMITH

76      Page 11, line 36, after ("such") insert ("best value")

77      Page 11, line 36, leave out ("or") and insert ("and")

Clause 18

BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER

78      Page 12, line 42, at end insert--

    ("(  )  The first order under this section shall provide for environmental considerations to cease to be a non-commercial matter.")

Clause 20

BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER

79      Page 13, line 11, leave out ("2nd") and insert ("1st")

Clause 22

BY THE LORD DIXON-SMITH

80      Page 14, line 36, leave out subsection (3)

Clause 25

BY THE LORD DIXON-SMITH

81      Page 16, line 18, leave out ("authorities") and insert ("categories of authority")

82      Page 16, line 19, leave out ("authorities") and insert ("categories of authority")

Clause 26

BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER

83      Page 16, line 37, at end insert ("or may by order provide that any of those sections shall not come into force in relation to Wales")

Clause 29

BY THE LORD DIXON-SMITH

84      Page 17, line 23, at end insert ("until 1st April 2005")

After Clause 29

BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER

85      Insert the following new Clause--

    ("  .  Section 29 and Schedule 1 shall cease to have effect on 31st March 2005.") Repeal of
section 29 and
Schedule 1.

Schedule 1

BY THE LORD DIXON-SMITH

86      Page 20, line 20, at end insert--

    ("(  )  An authority shall not be eligible for designation or nomination unless its proposed expenditure per head of population falls within the upper quartile of per capita expenditure for that class of authority and its rate of increase in expenditure is also within the upper quartile rate of increase for that class of authority.")

87      Page 20, line 22, leave out ("a set of principles") and insert ("such additional principles as may be")

88      Page 20, line 22, at end insert ("after consultation with best value authorities")

89      Page 20, line 22, at end insert ("and published by him six months before the commencement of the financial year in which the principles are to apply")

90      Page 20, line 22, at end insert ("after consultation with best value authorities, and these principles must be published 6 months before the start of the financial year in which they are to apply")

91      Page 21, line 2, at end insert ("after consultation with best value authorities")

92      Page 21, line 34, at end insert ("provided that the principles for designation or nomination are the same for authorities in the same category of authority")

BY THE LORD WHITTY

93      Page 22, line 51, leave out ("section 70") and insert ("sections 70 and 71")

94      Page 24, line 24, leave out ("70 to 75 of") and insert ("70, 71 and 73 to 75 of and Schedule 6 to")

95      Page 24, line 47, after ("Act") insert ("or for item P2")

96      Page 24, line 49, leave out from beginning to end of line 5 on page 25 and insert--

    ("(7)  For the purposes of subsection (5) above the authority may treat any amount determined in the previous calculations for item P in section 44(1) above as increased by the amount of any sum which--
(a)  it estimates will be payable to it for the year in respect of additional grant, and

(b)  was not taken into account by it in making those calculations.
    (7A)  For the purposes of subsection (6) above the authority may treat any amount determined in the previous calculations--
(a)  for item P1 in section 73(2) of the Greater London Authority Act 1999, or

(b)  for item P2 in section 74(4) of that Act,
as increased by the relevant portion of any new additional grant.

    (7B)  For the purposes of subsection (7A) above, "the relevant portion of any new additional grant" means the amount of any additional grant payable to the authority for the year which was not taken into account by the authority in making the previous calculations, but--
(a)  in the case of item P1, reduced, as may be prescribed, by such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part, and

(b)  in the case of item P2, restricted, as may be prescribed, to such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part;
and "special item" has the same meaning in this subsection as in sections 73 and 74 of the Greater London Authority Act 1999 (see section 74(2) of that Act).

    (7C)  In subsection (7B) above, "prescribed" means specified in, or determined in accordance with, either--
(a)  the report under section 85 of the Local Government Finance Act 1988 relating to the amount of additional grant in question, or

(b)  regulations made by the Secretary of State under section 73(3)(b) of the Greater London Authority Act 1999 (in relation to item P1) or under section 74(5)(b) of that Act (in relation to item P2),
as the Secretary of State may determine for the purposes of paragraph (a) or (b) of subsection (7B) and any particular financial year or years.")

97      Page 29, line 29, leave out ("section 70") and insert ("sections 70 and 71")

98      Page 30, leave out lines 37 to 39 and insert--

    ("(3)  If it--
(a)  has made calculations in relation to the year in accordance with sections 32 to 36 above, or

(b)  has made substitute calculations in relation to the year in accordance with section 37 above,
it shall make substitute calculations in relation to the year in accordance with sections 32 to 36 above, ignoring section 32(10) above for this purpose.")

99      Page 31, leave out lines 17 to 21 and insert--

    ("(3)  Where the authority is the Greater London Authority and--
(a)  it has made calculations in relation to the year in accordance with sections 70 to 75 of the Greater London Authority Act 1999 and sections 47 and 48 above, or

(b)  it has made substitute calculations in relation to the year in accordance with sections 70, 71 and 73 to 75 of and Schedule 6 to the Greater London Authority Act 1999 and sections 47 and 48 above,
it shall make substitute calculations in relation to the year in accordance with the provisions mentioned in paragraph (b) above.

    (3A)  Where the authority is not the Greater London Authority and it has made--
(a)  calculations in accordance with sections 43 to 48 above, or

(b)  substitute calculations in accordance with section 49 above,
in relation to the year, it shall make substitute calculations in relation to the year in accordance with sections 43 to 48.")

100      Page 31, line 22, after ("calculations") insert ("required by subsection (3) or (3A)")

101      Page 31, line 42, after ("Act") insert ("or for item P2")

102      Page 31, line 44, leave out from beginning to end of line 1 on page 32 and insert--

    ("(9)  For the purposes of subsection (7) above the authority may treat any amount determined in the previous calculations for item P in section 44(1) above as increased by the amount of any sum which--
(a)  it estimates will be payable to it for the year in respect of additional grant, and

(b)  was not taken into account by it in making those calculations.
    (9A)  For the purposes of subsection (8) above the authority may treat any amount determined in the previous calculations--
(a)  for item P1 in section 73(2) of the Greater London Authority Act 1999, or

(b)  for item P2 in section 74(4) of that Act,
as increased by the relevant portion of any new additional grant.

    (9B)  For the purposes of subsection (9A) above, "the relevant portion of any new additional grant" means the amount of any additional grant payable to the authority for the year which was not taken into account by the authority in making the previous calculations, but--
(a)  in the case of item P1, reduced, as may be prescribed, by such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part, and

(b)  in the case of item P2, restricted, as may be prescribed, to such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part;
and "special item" has the same meaning in this subsection as in sections 73 and 74 of the Greater London Authority Act 1999 (see section 74(2) of that Act).

    (9C)  In subsection (9B) above, "prescribed" means specified in, or determined in accordance with, either--
(a)  the report under section 85 of the Local Government Finance Act 1988 relating to the amount of additional grant in question, or

(b)  regulations made by the Secretary of State under section 73(3)(b) of the Greater London Authority Act 1999 (in relation to item P1) or under section 74(5)(b) of that Act (in relation to item P2),
as the Secretary of State may determine for the purposes of paragraph (a) or (b) of subsection (9B) and any particular financial year or years.")

Clause 30

BY THE LORD DIXON-SMITH

103      Page 17, line 24, after ("applies") insert ("for the purpose of limiting the liabilities of billing authorities (including liability resulting from the limitation of council tax benefit subsidy)")

104      Page 17, line 26, at end insert--

    ("(  )  No budget shall be judged excessive unless the amount calculated exceeds the authority's SSA and the authority's expenditure per head is in the upper quartile for that class of authority.")

105      Page 17, line 28, leave out ("criteria") and insert ("such additional criteria as may be")

106      Page 17, line 28, at end insert ("after consultation with representatives of best value authorities")

107      Page 17, line 28, at end insert ("six months before the commencement of the financial year in which the criteria are to apply")

108      Page 17, line 37, leave out ("authorities or")

109      Page 17, line 40, at end insert ("but shall be consistent with section 1 of this Act.")

110      Page 17, line 41, after ("State") insert (", after consultation with best value authorities,")

BY THE LORD WHITTY

111      Page 18, line 31, leave out ("60(8)") and insert ("70(8)")

BY THE LORD DIXON-SMITH

112      Page 18, line 35, leave out subsection (11)

© Parliamentary copyright 1999
Prepared 11 May 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Clause 14
	BY THE BARONESS HAMWEE THE BARONESS MILLER OF CHILTHORNE DOMER
65	Page 10, line 30, leave out subsection (5)
66	Page 10, line 41, after ("concerned") insert (", and such persons appearing to him to represent best value authorities as he considers appropriate,")
67	Page 11, line 5, at end insert-- ("( ) No direction under this section shall be given unless a resolution in support has been approved by the Select Committee responsible for scrutinising the executive actions of the Secretary of State.")
68	Page 11, line 7, at end insert-- ("( ) For the purpose of subsection (8) above, urgency means there is immediate danger of substantial harm or substantial financial loss.")
69	Page 11, line 14, at end insert ("and shall give the authority concerned an opportunity to make representations about the direction within a reasonable period thereafter")
	Clause 15
	BY THE BARONESS HAMWEE THE BARONESS MILLER OF CHILTHORNE DOMER
70	Page 11, line 21, at end insert-- ("( ) If the Secretary of State thinks that an enactment prevents best value authorities from generating income directly related to the exercise of their functions he may, by order, make provision modifying or excluding the application of the enactment in relation to those authorities.")
	BY THE LORD DIXON-SMITH
71	Page 11, line 23, after ("power") insert ("or exemption")
	BY THE BARONESS HAMWEE THE BARONESS MILLER OF CHILTHORNE DOMER
72	Page 11, line 30, at end insert-- ("( ) No order under this section may make different provision for different authorities which are in the same category.")
	BY THE BARONESS HAMWEE THE BARONESS MADDOCK
73	Page 11, line 30, at end insert-- ("( ) In particular, an order under this section may make provision in relation to the supply of information by any person to energy conservation authorities.")
74	Page 11, line 30, at end insert-- ("( ) In particular, an order under this section may make provision conferring on the Housing Corporation and Housing for Wales powers to issue guidance about energy efficiency standards in properties managed by registered social landlords.")
	BY THE BARONESS HAMWEE THE BARONESS MILLER OF CHILTHORNE DOMER
75	Page 11, line 30, at end insert-- ("( ) No order shall be made under this section unless its effect is to extend the powers of best value authorities")
	Clause 16
	BY THE LORD DIXON-SMITH
76	Page 11, line 36, after ("such") insert ("best value")
77	Page 11, line 36, leave out ("or") and insert ("and")
	Clause 18
	BY THE BARONESS HAMWEE THE BARONESS MILLER OF CHILTHORNE DOMER
78	Page 12, line 42, at end insert-- ("( ) The first order under this section shall provide for environmental considerations to cease to be a non-commercial matter.")
	Clause 20
	BY THE BARONESS HAMWEE THE BARONESS MILLER OF CHILTHORNE DOMER
79	Page 13, line 11, leave out ("2nd") and insert ("1st")
	Clause 22
	BY THE LORD DIXON-SMITH
80	Page 14, line 36, leave out subsection (3)
	Clause 25
	BY THE LORD DIXON-SMITH
81	Page 16, line 18, leave out ("authorities") and insert ("categories of authority")
82	Page 16, line 19, leave out ("authorities") and insert ("categories of authority")
	Clause 26
	BY THE BARONESS HAMWEE THE BARONESS MILLER OF CHILTHORNE DOMER
83	Page 16, line 37, at end insert ("or may by order provide that any of those sections shall not come into force in relation to Wales")
	Clause 29
	BY THE LORD DIXON-SMITH
84	Page 17, line 23, at end insert ("until 1st April 2005")
	After Clause 29
	BY THE BARONESS HAMWEE THE BARONESS MILLER OF CHILTHORNE DOMER
85	Insert the following new Clause--
	(" . Section 29 and Schedule 1 shall cease to have effect on 31st March 2005.")	Repeal of section 29 and Schedule 1.
	Schedule 1
	BY THE LORD DIXON-SMITH
86	Page 20, line 20, at end insert-- ("( ) An authority shall not be eligible for designation or nomination unless its proposed expenditure per head of population falls within the upper quartile of per capita expenditure for that class of authority and its rate of increase in expenditure is also within the upper quartile rate of increase for that class of authority.")
87	Page 20, line 22, leave out ("a set of principles") and insert ("such additional principles as may be")
88	Page 20, line 22, at end insert ("after consultation with best value authorities")
89	Page 20, line 22, at end insert ("and published by him six months before the commencement of the financial year in which the principles are to apply")
90	Page 20, line 22, at end insert ("after consultation with best value authorities, and these principles must be published 6 months before the start of the financial year in which they are to apply")
91	Page 21, line 2, at end insert ("after consultation with best value authorities")
92	Page 21, line 34, at end insert ("provided that the principles for designation or nomination are the same for authorities in the same category of authority")
	BY THE LORD WHITTY
93	Page 22, line 51, leave out ("section 70") and insert ("sections 70 and 71")
94	Page 24, line 24, leave out ("70 to 75 of") and insert ("70, 71 and 73 to 75 of and Schedule 6 to")
95	Page 24, line 47, after ("Act") insert ("or for item P2")
96	Page 24, line 49, leave out from beginning to end of line 5 on page 25 and insert-- ("(7) For the purposes of subsection (5) above the authority may treat any amount determined in the previous calculations for item P in section 44(1) above as increased by the amount of any sum which-- (a) it estimates will be payable to it for the year in respect of additional grant, and (b) was not taken into account by it in making those calculations. (7A) For the purposes of subsection (6) above the authority may treat any amount determined in the previous calculations-- (a) for item P1 in section 73(2) of the Greater London Authority Act 1999, or (b) for item P2 in section 74(4) of that Act, as increased by the relevant portion of any new additional grant. (7B) For the purposes of subsection (7A) above, "the relevant portion of any new additional grant" means the amount of any additional grant payable to the authority for the year which was not taken into account by the authority in making the previous calculations, but-- (a) in the case of item P1, reduced, as may be prescribed, by such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part, and (b) in the case of item P2, restricted, as may be prescribed, to such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part; and "special item" has the same meaning in this subsection as in sections 73 and 74 of the Greater London Authority Act 1999 (see section 74(2) of that Act). (7C) In subsection (7B) above, "prescribed" means specified in, or determined in accordance with, either-- (a) the report under section 85 of the Local Government Finance Act 1988 relating to the amount of additional grant in question, or (b) regulations made by the Secretary of State under section 73(3)(b) of the Greater London Authority Act 1999 (in relation to item P1) or under section 74(5)(b) of that Act (in relation to item P2), as the Secretary of State may determine for the purposes of paragraph (a) or (b) of subsection (7B) and any particular financial year or years.")
97	Page 29, line 29, leave out ("section 70") and insert ("sections 70 and 71")
98	Page 30, leave out lines 37 to 39 and insert-- ("(3) If it-- (a) has made calculations in relation to the year in accordance with sections 32 to 36 above, or (b) has made substitute calculations in relation to the year in accordance with section 37 above, it shall make substitute calculations in relation to the year in accordance with sections 32 to 36 above, ignoring section 32(10) above for this purpose.")
99	Page 31, leave out lines 17 to 21 and insert-- ("(3) Where the authority is the Greater London Authority and-- (a) it has made calculations in relation to the year in accordance with sections 70 to 75 of the Greater London Authority Act 1999 and sections 47 and 48 above, or (b) it has made substitute calculations in relation to the year in accordance with sections 70, 71 and 73 to 75 of and Schedule 6 to the Greater London Authority Act 1999 and sections 47 and 48 above, it shall make substitute calculations in relation to the year in accordance with the provisions mentioned in paragraph (b) above. (3A) Where the authority is not the Greater London Authority and it has made-- (a) calculations in accordance with sections 43 to 48 above, or (b) substitute calculations in accordance with section 49 above, in relation to the year, it shall make substitute calculations in relation to the year in accordance with sections 43 to 48.")
100	Page 31, line 22, after ("calculations") insert ("required by subsection (3) or (3A)")
101	Page 31, line 42, after ("Act") insert ("or for item P2")
102	Page 31, line 44, leave out from beginning to end of line 1 on page 32 and insert-- ("(9) For the purposes of subsection (7) above the authority may treat any amount determined in the previous calculations for item P in section 44(1) above as increased by the amount of any sum which-- (a) it estimates will be payable to it for the year in respect of additional grant, and (b) was not taken into account by it in making those calculations. (9A) For the purposes of subsection (8) above the authority may treat any amount determined in the previous calculations-- (a) for item P1 in section 73(2) of the Greater London Authority Act 1999, or (b) for item P2 in section 74(4) of that Act, as increased by the relevant portion of any new additional grant. (9B) For the purposes of subsection (9A) above, "the relevant portion of any new additional grant" means the amount of any additional grant payable to the authority for the year which was not taken into account by the authority in making the previous calculations, but-- (a) in the case of item P1, reduced, as may be prescribed, by such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part, and (b) in the case of item P2, restricted, as may be prescribed, to such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part; and "special item" has the same meaning in this subsection as in sections 73 and 74 of the Greater London Authority Act 1999 (see section 74(2) of that Act). (9C) In subsection (9B) above, "prescribed" means specified in, or determined in accordance with, either-- (a) the report under section 85 of the Local Government Finance Act 1988 relating to the amount of additional grant in question, or (b) regulations made by the Secretary of State under section 73(3)(b) of the Greater London Authority Act 1999 (in relation to item P1) or under section 74(5)(b) of that Act (in relation to item P2), as the Secretary of State may determine for the purposes of paragraph (a) or (b) of subsection (9B) and any particular financial year or years.")
	Clause 30
	BY THE LORD DIXON-SMITH
103	Page 17, line 24, after ("applies") insert ("for the purpose of limiting the liabilities of billing authorities (including liability resulting from the limitation of council tax benefit subsidy)")
104	Page 17, line 26, at end insert-- ("( ) No budget shall be judged excessive unless the amount calculated exceeds the authority's SSA and the authority's expenditure per head is in the upper quartile for that class of authority.")
105	Page 17, line 28, leave out ("criteria") and insert ("such additional criteria as may be")
106	Page 17, line 28, at end insert ("after consultation with representatives of best value authorities")
107	Page 17, line 28, at end insert ("six months before the commencement of the financial year in which the criteria are to apply")
108	Page 17, line 37, leave out ("authorities or")
109	Page 17, line 40, at end insert ("but shall be consistent with section 1 of this Act.")
110	Page 17, line 41, after ("State") insert (", after consultation with best value authorities,")
	BY THE LORD WHITTY
111	Page 18, line 31, leave out ("60(8)") and insert ("70(8)")
	BY THE LORD DIXON-SMITH
112	Page 18, line 35, leave out subsection (11)