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On Question, amendments agreed to.
[Amendment No. 102 not moved.]
Lord Whitty moved Amendments Nos. 103 to 116:
- Page 7, line 24, leave out subsection (4).
- Page 7, line 30, leave out ("executive").
- Page 7, line 30, leave out (", or are required to be,").
- Page 7, line 35, leave out ("executive").
- Page 7, line 35, leave out (", or are required to be,").
- Page 7, line 36, leave out ("single").
- Page 7, line 37, leave out ("the single") and insert ("that").
- Page 7, line 39, leave out ("executive").
- Page 7, line 39, leave out (", or are required to be,").
- Page 7, line 42, at end insert--
On Question, amendments agreed to.
Clause 13, as amended, agreed to.
Clause 14 [Responsibility for executive functions in case of s. 10(4) executive]:
Lord Whitty moved Amendment No. 117:
On Question, amendment agreed to.
[Amendment No. 118 not moved.]
Lord Whitty moved Amendment No. 119 and 120:
On Question, amendments agreed to.
Clause 14, as amended, agreed to.
Lord Whitty moved Amendment No. 121:
("( ) Where the executive leader makes any arrangements under subsection (4)(b)(i), (ii) or (iii), he may direct, at that or any subsequent time, that subsection (5), (6) or (7) (as the case may be) is not to apply to any of the functions which are the subject of those arrangements or is not to apply to any of those functions in such cases or circumstances as he may direct.").
Page 7, line 44, leave out ("single").
Page 7, line 45, leave out ("single").
Page 8, line 1, leave out ("single").
Page 8, line 3, leave out subsection (9) and insert--
("( ) The reference in subsection (2)(b) to the members of the executive includes a reference to the executive leader, and subsection (6) in its application for the purposes of subsection (2)(b) is to be construed accordingly.").
Page 8, leave out lines 5 to 12 and insert--
("(1) Subject to any provision made under section (Discharge of functions by area committees), (Discharge of functions of and by another local authority) or (Joint exercise of functions), the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.
(2) The executive--
(a) may discharge any of those functions, or
(b) may arrange for the discharge of any of those functions--").
Page 8, line 15, leave out ("executive").
Page 8, line 20, leave out ("executive").
After Clause 14, insert the following new clause--
(".--(1) The Secretary of State may by regulations make provision with respect to the ways in which any functions which, under executive arrangements, are the responsibility of an executive which takes a form prescribed in regulations under section 10(5) are to be discharged.
(2) The provision which may be made by regulations under this section includes provision which applies or reproduces (with or without modifications) any provisions of section 12, 13 or 14.
(3) Nothing in subsection (2) affects the generality of the power under subsection (1).
(4) Any provision made by regulations under this section is subject to any provision made under section (Discharge of functions by area committees), (Discharge of functions of and by another local authority) or (Joint exercise of functions).").
On Question, amendment agreed to.
Lord Whitty moved Amendment No. 122:
After Clause 14, insert the following new clause--
(".--(1) The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive by an area committee of that authority.
(2) Regulations under this section may impose limitations or restrictions on the arrangements which may be made by virtue of the regulations (including limitations or restrictions on the functions which may be the subject of such arrangements).
(3) In this section--
"area committee", in relation to a local authority, means a committee of the authority which has functions in respect of part of the area of the authority and which satisfies such other conditions as may be specified,
"specified" means specified in regulations under this section.").
The noble Lord said: I beg to move.
[Amendments Nos. 123 and 124, as amendments to Amendment No. 122, not moved.]
On Question, Amendment No. 122 agreed to.
Lord Whitty moved Amendment No. 125:
After Clause 14, insert the following new clause--
(".--(1) The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority (within the meaning of this Part), or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive--
(a) by another local authority (within the meaning of section 101 of the Local Government Act 1972), or
(b) by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.
(2) The Secretary of State may by regulations make provision for or in connection with enabling a local authority (within the meaning of section 101 of that Act) to arrange for the discharge of any of their functions by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.
(3) The reference in subsection (2) to the functions of a local authority, in a case where the authority is operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority's executive.
(4) Regulations under subsection (1) or (2) may include provision--
(a) requiring, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, the approval of the authority to such arrangements,
(b) which, in the case of arrangements for the discharge of any functions by a local authority, enables any of those functions to be delegated,
(c) which, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, enables any of those functions to be delegated.
(5) The provision which may be made under subsection (4)(b) includes provision which applies or reproduces (with or without modifications) any provisions of section 101(2) to (4) of the Local Government Act 1972.
(6) The provision which may be made under subsection (4)(c) includes provision which applies or reproduces (with or without modifications) any provisions of section 12(3) to (6), 13(5) to (9) or 14(3) and (4).
(7) Nothing in subsection (4), (5) or (6) affects the generality of the power under subsection (1) or (2).
(8) In this section "specified" means specified in regulations under this section.").
On Question, amendment agreed to.
Lord Whitty moved Amendment No. 126:
After Clause 14, insert the following new clause--
(".--(1) The Secretary of State may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.
(2) The provision which may be made under subsection (1) includes provision--
(a) as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,
(b) as to the circumstances in which--
(i) the authority, and
(ii) the executive or a committee or specified member of the executive,
are both to be parties to the arrangements,
(c) as to the circumstances in which any functions of the local authority under section 102(1)(b), (2) or (3) of the Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,
(d) as to the circumstances in which any functions of the local authority under section 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,
(e) as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,
(f) as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a specified member of the executive.
(3) Nothing in subsection (2) affects the generality of the power under subsection (1).
(4) In this section "specified" means specified in regulations under this section.").
On Question, amendment agreed to.
[Amendments Nos. 127 to 130 not moved.]
Clause 15 [Overview and scrutiny committees]:
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