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Local Government and Public Involvement in Health Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 2nd July 2007, as follows—

Clauses 1 to 137
Schedule 8
Clauses 138 to 145
Schedule 9
Clauses 146 to 149
Schedule 11
Clause 150
Schedule 12
Clauses 151 to 217
Schedule 14
Clauses 218 to 220
Schedule 15
Clauses 221 to 234
Schedule 17
Clauses 235 to 245
Schedules 1 to 7
Schedule 10
Schedule 13
Schedule 16
Schedule 18

[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 1

 

LORD GREAVES

1Insert the following new Clause—
  "Devolution of powers to local authorities: Commission
(1)  The Secretary of State shall by order appoint a Standing Commission to investigate and report on the devolution of powers to local authorities in England, to be known as the Devolution Commission.
(2)  The Devolution Commission shall consist of equal numbers of persons appointed by the Secretary of State and by representative bodies of local authorities.
(3)  The Devolution Commission shall consider which powers and functions of the following bodies are appropriate for devolution and transfer to local authorities—
(a)  government departments which operate at national, regional or local level;
(b)  non-departmental public bodies which operate at national, regional or local level;
(c)  partnership-type bodies which operate at national, regional or local level;
(d)  all other bodies of whatever kind which exercise powers and carry out functions on behalf of government and of a governmental nature which operate at national, regional or local level.
(4)  The Devolution Commission shall from time to time submit a programme of work for approval by each House of Parliament.
(5)  The Devolution Commission shall report to the Secretary of State with initial findings within six months of its formation, and afterwards with further findings at six monthly intervals.
(6)  Reports of the Devolution Commission shall be published at the same time as they are sent to the Secretary of State.
(7)  The Secretary of State shall within three months of receiving a report from the Devolution Commission present a report to Parliament giving the government's response to that report.
(8)  An order under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(9)  For the purposes of this Chapter, each of the following is a "local authority"—
(a)  a county council
(b)  a district council;
(c)  a London borough;
(d)  a parish council."
 

Clause 2

 

BARONESS HANHAM
LORD HANNINGFIELD

2*Page 2, line 5, leave out "or direct" and insert "a relevant"
3*Page 2, line 9, leave out paragraph (c)
4*Page 2, line 18, leave out subsection (4)
5*Page 2, line 25, leave out paragraph (b)
6*Page 2, line 26, leave out "and one or more Type C proposals"
7*Page 2, line 27, leave out "or C"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

8*Page 2, line 33, at end insert—
"(c)  in relation to any proposal, the current county council or a new authority."
 

BARONESS HANHAM
LORD HANNINGFIELD

9*Page 2, line 37, leave out "or direction"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

10Page 2, line 37, leave out "may" and insert "shall"
11Page 2, line 37, leave out "either"
 

BARONESS HANHAM
LORD HANNINGFIELD

12*Page 2, line 39, leave out "Type C"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

13Page 2, line 39, leave out from "proposal" to end of line 41
 

LORD GREAVES

 Lord Greaves gives notice of his intention to oppose the Question that Clause 2 stand part of the Bill.
 

Clause 3

 

BARONESS HANHAM
LORD HANNINGFIELD

14*Page 3, line 2, leave out subsections (1) and (2)
15*Page 3, line 6, leave out "and convenient"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

16Page 3, line 18, at end insert—
"(   )  The Secretary of State shall give guidance as to the consultations of residents, businesses, voluntary and statutory organisations and others to be undertaken by the principal authorities concerned and by him."
 

BARONESS HANHAM
LORD HANNINGFIELD

17*Page 3, line 19, leave out "or directions"
18*Page 3, line 20, leave out "or direction"
19*Page 3, line 21, leave out ", or comply with the direction,"
20*Page 3, line 22, leave out "or direction"
21*Page 3, line 24, leave out "or direction"
22*Page 3, line 25, at end insert—
"(d)  declining an invitation"
 

LORD GREAVES

 Lord Greaves gives notice of his intention to oppose the Question that Clause 3 stand part of the Bill.
 

Clause 4

 

BARONESS HANHAM
LORD HANNINGFIELD

23*Page 3, line 34, leave out "or direction"
 

Clause 5

 

BARONESS HANHAM
LORD HANNINGFIELD

24*Page 4, line 11, leave out ", Type C"
 

Clause 6

 

BARONESS HANHAM
LORD HANNINGFIELD

25*Page 5, line 12, leave out "four weeks" and insert "two months"
 

After Clause 6

 

BARONESS HANHAM
LORD HANNINGFIELD

26*Insert the following new Clause—
  "Referendum in case of proposals for single tier of local government
(1)  In any proposals under sections 2 or 5 for a single tier of local government, the Secretary of State must hold a referendum on the proposals before taking any steps to implement them.
(2)  If the result of a referendum under subsection (1) is to reject the Secretary of State's proposals under sections 2 or 5, the Secretary of State may not implement those proposals.
(3)  The Secretary of State must make regulations to specify the arrangements for any referendum required under this section."
 

Clause 7

 

BARONESS ANDREWS

27Page 5, line 34, leave out paragraph (b) and insert—
2"(b)  such other persons as he considers appropriate."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
[As an amendment to amendment 27]

28Line 2, at end insert "including persons he believes to have an interest"
 

BARONESS ANDREWS

29               2Page 5, line 40, leave out from "consult" to end of line 41 and insert "such other persons as he considers appropriate"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
[As an amendment to amendment 29]

30Line 2, at end insert "including persons he believes to have an interest"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

31Page 5, line 41, at end insert—
"(   )  For the purposes of subsections (3) and (5) a "person" includes voluntary and statutory organisations and residents and businesses within the area.
(   )  The Secretary of State shall have regard to representations made by any person whether or not he has consulted that person."
 

Clause 8

 

BARONESS ANDREWS

32Page 6, line 6, leave out subsection (2) and insert—
"(2)  Where they have conducted a review under this section the Boundary Committee may (subject to subsection (4)) recommend to the Secretary of State such boundary change as in consequence of the review seems to them desirable."
33Page 6, line 11, leave out "subsection (2)" and insert "this section"
34Page 6, leave out line 16
 

BARONESS HANHAM
LORD HANNINGFIELD

35*Page 6, line 30, at end insert—
"(e)  amalagmation of London boroughs"
 

BARONESS ANDREWS

36Page 6, line 30, at end insert—
"(4A)  Where the Boundary Committee have conducted a review under this section and consider that no boundary change is desirable, they may recommend to the Secretary of State that no boundary change should be made.
(4B)  In considering whether (and, if so, what) boundary change is desirable, the Boundary Committee must have regard to—
(a)  the need to secure effective and convenient local government; and
(b)  the need to reflect the identities and interests of local communities."
37Page 6, line 31, leave out "(1) or (2)" and insert "(1), (2), (4A) or (4B),"
 

Clause 10

 

BARONESS ANDREWS

38Page 7, line 25, leave out "8" and insert "8(2)"
39Page 7, line 29, at end insert—
"(1A)  Where the Boundary Committee make a recommendation to the Secretary of State under section 8(4A) the Secretary of State may—
(a)  make a request under section 8 for a further review; or
(b)  decide not to make such a request."
40Page 7, line 31, after "(1)" insert "or paragraph (a) or (b) of subsection (1A)"
 

Clause 11

 

BARONESS HANHAM
LORD HANNINGFIELD

41*Page 8, line 9, leave out paragraph (e)
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

42Page 8, line 9, leave out "district council or London borough council" and insert "or district council"
 

BARONESS HANHAM
LORD HANNINGFIELD

43*Page 8, line 19, leave out paragraph (c)
44*Page 8, line 26, leave out paragraph (g)
 

Clause 12

 

BARONESS ANDREWS

45Page 8, line 44, after "authority" insert "or parish council"
46Page 9, line 7, leave out paragraph (g)
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

47Page 9, line 9, leave out paragraphs (h) to (k)
 

BARONESS ANDREWS

48Page 9, line 11, leave out "existing councillors" and insert "members of an existing local authority"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

49Page 9, line 14, at end insert "which shall be in the form of the executive of the existing local authority or, if more than one, of the existing local authority with the largest number of registered electors"
 

BARONESS HANHAM
LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.
 

Clause 14

 

BARONESS HANHAM
LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.

 
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©Parliamentary copyright 2007
4 July 2007