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Local Government and Public Involvement in Health Bill


SECOND
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 53 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.

 

Clause 53

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

88Page 26, line 25, leave out subsection (3)
 

LORD GREAVES

89Page 26, line 33, at end insert—
"(   )  Before a council passes any resolution under this section, it shall consult each parish council that the resolution would affect and consider any representations made.
(   )  If there is a choice of years in which the ordinary elections of parish councillors could be held under this section, the wishes of the parish council shall prevail."
 

Clause 54

 

LORD GREAVES

90Page 27, line 3, leave out paragraph (a)
 

Clause 55

 

LORD GREAVES

91Page 28, line 4, at end insert—
"(   )  A county council in a two-tier area that has at least one electoral division which returns more than one councillor shall within six months of the coming into force of this Part make a request under subsection (1) for a review of any such division or divisions."
92Page 28, leave out lines 15 to 18
 Lord Greaves gives notice of his intention to oppose the Question that Clause 55 stand part of the Bill.
 

Clause 56

 

BARONESS ANDREWS

93Page 29, line 6, leave out from "that" to end of line 8 and insert "each ward in the district returns an appropriate number of councillors"
94Page 29, line 17, leave out from "councillors" to "is" in line 18 and insert "returned by a ward"
 

LORD GREAVES

95Page 29, line 20, leave out "divisible by" and insert "1 or"
96Page 29, line 22, leave out "divisible by" and insert "1, 2 or"
 

Clause 57

 

LORD GREAVES

97Page 29, line 29, after "may" insert "reasonably"
 

BARONESS ANDREWS

98Page 29, line 31, at end insert—
"(   )  In section 15 (procedure on a review)—
(a)  in subsection (1)—
(i)  at the end of paragraph (a) insert "and";
(ii)  omit paragraph (c) and the word "and" immediately preceding it;
(b)  omit subsection (2);
(c)  in subsection (3)—
(i)  omit paragraph (a);
(ii)  in paragraph (b) after "prepare" insert "and publish";
(iii)  at the end of paragraph (b) insert "and";
(iv)  omit paragraph (c);
(d)  for subsections (4) and (5) substitute—
"(4)  In conducting a review, the Boundary Committee for England may at any time before publishing draft recommendations consult such persons as they consider appropriate.
(5)  As soon as the Boundary Committee for England are in a position to submit recommendations to the Electoral Commission they must—
(a)  submit them; and
(b)  publish the recommendations and take such steps as they consider sufficient to secure that persons who may be interested in the recommendations are informed of them.";
(e)  in subsection (6)—
(i)  for "the report on a review is" substitute "recommendations are";
(ii)  for "(4) above" substitute "(5) above";
(iii)  in paragraph (a), omit the words "a further report under subsection (4) containing";
(iv)  in paragraph (b), for "report relates" substitute "recommendations relate";
(f)  after subsection (6) insert—
"(6A)  Where the Boundary Committee for England submit recommendations under subsection (6)(a), they must publish the recommendations and take such steps as they consider sufficient to secure that persons who may be interested in the recommendations are informed of them.";
(g)  omit subsection (8).
(   )  Omit section 15A.
(   )  In section 17(2) (implementation of recommendations by order), omit the words "or the submission of a report"."
 

Clause 58

 

LORD GREAVES

99Page 29, line 38, after "councillors" insert ", not exceeding three,"
 Lord Greaves gives notice of his intention to oppose the Question that Clause 58 stand part of the Bill.
 

Clause 59

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

100Page 30, line 12, at end insert—
"(   )  The meeting required by subsection (2) shall not be held unless the authority has given not less than two months' notice of the proposal or proposals."
 

LORD GREAVES

101Page 30, line 12, at end insert—
"(   )  A resolution under this section must be passed by at least two-thirds of the members voting on it.
(   )  A council must not pass the resolution unless it has advertised the proposal at least four weeks before the date of the meeting in at least one local newspaper circulating in the electoral area and on the council website.
(   )  A report setting out the responses to the proposed resolution must be circulated with the agenda for the meeting."
 

Clause 60

 

LORD GREAVES

101APage 31, line 5, after "Wales)," insert—
"(a)  in subsection (1) omit paragraphs (a) and (b) and after the words "Wales and is" insert the words "the second Thursday in June.";
(b)"  
102Page 31, line 20, at end insert—
"(   )  An order under subsection (1) must be made at least twelve months before the ordinary day of election for the relevant elections."
 

BARONESS HANHAM
LORD HANNINGFIELD

103Page 31, line 22, at end insert—
"(   )  An order under subsection (1) may not be made less than six months prior to the date of the European Parliamentary Election in relation to a single year."
 

BARONESS ANDREWS

104Page 31, leave out lines 23 and 24 and insert—
"(3)  An order under subsection (1) must relate to a single year and must be made at least six months before—
(a)  the local election day in that year, or
(b)  if earlier, the date of the poll at the European Parliamentary general election in that year.
(3A)  For this purpose "the local election day" in a particular year is—
(a)  the first Thursday in May, or
(b)  if an order has been made under section 37(1)(b) (power to change date of council and Assembly elections) in relation to that year, the day specified in the order."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

105Page 31, line 24, at end insert—
"(   )  An order under subsection (1) shall not be made less than one year before the date of the European Parliamentary general election in question."
 

BARONESS ANDREWS

106Page 31, line 28, leave out "or bodies"
 

LORD GREAVES

107Page 31, leave out lines 31 to 33
 

BARONESS HANHAM
LORD HANNINGFIELD

108Page 32, line 11, at end insert—
"(   )  An order under subsection (1) may not be made less than six months prior to the date of the European Parliamentary Election in relation to a single year."
 

BARONESS ANDREWS

109Page 32, leave out lines 12 and 13 and insert—
"(3)  An order under subsection (1) must relate to a single year and must be made at least six months before—
(a)  the local election day in that year, or
(b)  if earlier, the date of the poll at the European Parliamentary general election in that year.
(3A)  For this purpose "the local election day" in a particular year is—
(a)  the first Thursday in May, or
(b)  if an order has been made under section 37(1)(b) (power to change date of council and Assembly elections) in relation to that year, the day specified in the order."
110Page 32, line 17, leave out "or bodies"
 

LORD GREAVES

111Page 32, leave out lines 20 to 22
 

After Clause 60

 

LORD GREAVES

112Insert the following new Clause—
  "Voting at elections of elected mayors
(1)  The Local Government Act 2000 (c. 22) is amended as follows.
(2)  For section 42(1) (voting at elections of elected mayors) substitute—
"(1)  Each person entitled to vote as an elector shall have one vote and the elected mayor is to be returned under the simple majority system, unless there are three or more candidates.
(1A)  If there are three or more candidates to be the elected mayor, voting shall be by means of preferential voting in which electors may list the candidates in order of preference.
(1B)  If there are three or more candidates to be the elected mayor, the elected mayor is to be returned under the alternative vote system in accordance with Schedule 2."
(3)  In section 43 (entitlement to vote), omit subsection (2).
(4)  For Schedule 2 substitute—
 

"SCHEDULE 2

 

ELECTION OF ELECTED MAYOR

 

APPLICATION

 1      This Schedule applies where there are three or more candidates to be an elected mayor of a local authority.
 

METHOD OF VOTING

 2      Each voter shall have one transferable vote.
 3   (1)   A voter must place the figure 1 against the candidate he or she wishes to vote for (the "first preference").
(2)      A voter may indicate the order of his or her preferences for as many other candidates as he or she pleases by placing against their respective names the numbers 2, 3, 4 and so on.
 

PROCEDURE FOR COUNTING

 4   (1)   The returning officer shall examine the papers and shall sort them into parcels according to the first preference recorded for each candidate, rejecting any that are invalid; and he shall count the papers in each such parcel and shall credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for that candidate.
(2)      If the vote for any one candidate equals or exceeds the votes of all other candidates combined, that candidate shall be declared elected.
(3)      If no candidate has been declared elected, the returning officer shall exclude together the two or more candidates with the least votes if the total vote of such two or more candidates does not exceed the vote of the candidate next above, otherwise he shall exclude the candidate having the fewest votes.
(4)      The papers of the excluded candidates shall be tranferred to whichever of the continuing candidates is marked by that voter as the next available preference, and the votes thus transferred shall be added to the first preference votes of those candidates.
(5)      Any paper on which no further preference is marked, or where there is uncertainty as the voter's intention, shall be set aside as non-transferable and the total of such papers shall be recorded.
(6)      When the vote for any one candidate equals or exceeds the votes of all other candidates combined, that candidate shall be declared elected at that stage.
(7)      If when a candidate has to be excluded, two or more candidates have each the same number of votes and are lowest on the poll, the candidate with the lowest number of votes at the earliest stage in the count at which the candidates in question had an unequal number of votes shall be excluded.
(8)      If two or more candidates are still equal and lowest, the returning officer is to decide by lot which of them is to be excluded at that stage.
(9)      "Next available preference" means a second or subsequent preference recorded in consecutive numerical order for a candidate who has not yet been excluded, passing over earlier preferences for candidates already excluded."."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

112A*Insert the following new Clause—
  "Electoral systems
(1)  This section applies to elections of members of any principal or parish council, including by-elections.
(2)  Each vote in the poll at an election shall be a single transferable vote.
(3)  For the purposes of subsection (2), a single transferable vote is a vote—
(a)  capable of being given so as to indicate the voter's order of preference for the candidates for election as members for the constituency; and
(b)  capable of being transferred to the next choice when—
(i)  the vote is not needed to give a prior choice for the necessary quota of votes, or
(ii)  when a prior choice is eliminated from the list of candidates because of a deficiency in the number of votes given for that candidate."

 
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9 July 2007