Local Government and Public Involvement in Health Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 62

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

113Page 33, line 6, leave out subsection (2)
113A*Page 33, line 6, leave out subsection (2) and insert—
"(2)  If the local authority passes a resolution to this effect, it may discharge its functions by arrangements of a type—
(a)  which do not involve the creation and operation of an executive of the authority,
(b)  which include arrangements for the appointment of committees or sub-committees of the authority to review or scrutinise decisions made, or other action taken, in connection with the discharge of functions of the authority, and
(c)  which the authority considers are likely to ensure that its decisions are taken in an efficient, transparent and accountable way."
 

LORD GREAVES
BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

114Page 33, line 19, leave out "the executive leader" and insert "one of the following—
    (i)  the executive leader, or
    (ii)  the authority."
 

LORD GREAVES
BARONESS HANHAM
LORD HANNINGFIELD

115Page 33, line 28, leave out subsection (6)
 

LORD GREAVES

116Page 33, line 37, leave out subsection (8) and insert—
"(8)  Omit subsections (5) and (6)."
117Page 33, line 39, leave out subsection (9)
118Page 33, line 39, after "(8)" insert "—
(a)"  
119Page 33, line 40, at end insert—
"(b)  for "10" substitute "one quarter of the membership of the Council."
120Page 34, line 3, at end insert—
"(   )  for "10" substitute "one quarter of the membership of the Council."
 

BARONESS HANHAM
LORD HANNINGFIELD

121Page 34, line 9, leave out subsection (12)
 

After Clause 62

 

LORD HANNINGFIELD

121AInsert the following new Clause—
  "Executive arrangements: move to alternative arrangements
(1)  The Local Government Act 2000 (c. 22) is amended as follows.
(2)  For section 33(5) (operation of alternative arrangements) substitute—
    "(5)  An authority which is operating executive arrangements may adopt alternative or additional arrangements.""
 

Clause 63

 

LORD GREAVES

122Page 34, line 17, at end insert "or"
 

LORD GREAVES
BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

123Page 34, leave out line 19
 

LORD GREAVES

123A*Page 34, line 20, at end insert—
    "(1A)  Nothing in subsection (1) shall prevent the allocation of functions at any time to an area committee constituted under the provisions of section 18."
 

LORD GREAVES
BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
BARONESS HANHAM

124Page 34, leave out line 36
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

125Page 34, line 37, leave out subsection (9)
 

After Clause 63

 

LORD GREAVES

126Insert the following new Clause—
  "Amendment to provisions for alternative arrangements
(1)  Section 31 of the Local Government Act 2000 (c. 22) (alternative arrangements with respect to executives etc.) is amended as follows.
(2)  In subsection (2)(a) omit "and".
(3)  Omit subsection (2)(b).
(4)  Omit subsection (3)."
 

Clause 64

 

BARONESS HANHAM
LORD HANNINGFIELD

127Page 35, line 3, at end insert—
"33ZA  Changing governance arrangements
(1)  Any local authority in England may submit a scheme of internal governance appropriate to its circumstances, which shall stand deferred until the next ordinary day of election and may not take effect until the day after that day.
(2)  Where no recognised group has overall control, it shall be competent for the council to implement other arrangements as it may determine."
 

LORD GREAVES

128Page 35, leave out lines 4 to 10
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

128APage 35, line 15, at end insert—
    "(   )  Notwithstanding the provisions of this section and section 33A, any principal council may submit a scheme of internal governance appropriate to its circumstances which shall stand deferred until the next election to the council.
    (   )  Where no recognised group has overall control, the council may implement other arrangements as it may determine."
128BPage 35, line 15, at end insert—
      "Subsequent variations
      A local authority may vary its executive arrangements in accordance with section 33A or 33B more than once."
 

BARONESS ANDREWS

129Page 35, leave out lines 16 to 31 and insert—
"33CAlternative arrangements: move to executive arrangements
  A local authority in England which is operating alternative arrangements may—
(a)  cease to operate alternative arrangements, and
(b)  start to operate executive arrangements."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

129A*Page 35, line 16, leave out "move to executive arrangements"
 

LORD GREAVES

130Page 35, leave out lines 19 to 22
131[Withdrawn]
 

LORD GREAVES

132Page 35, leave out lines 23 to 25
133Page 35, line 23, leave out "other"
134Page 35, line 31, at end insert—
"33CAExecutive arrangements: move to alternative arrangements
(1)  This section applies to a local authority in England which is the council for a district comprised in an area for which there is a county council.
(2)  A local authority which is operating executive arrangements may—
(a)  cease to operate executive arrangements, and
(b)  start to operate alternative arrangements."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
BARONESS ANDREWS

135Page 35, leave out lines 36 to 38
 

BARONESS ANDREWS

136Page 35, line 41, leave out from "arrangements" to end of line 1 on page 36
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

137Page 36, leave out line 1
 

BARONESS ANDREWS

138Page 36, line 11, at end insert—
    2"(4A)  The proposals may provide for the change in governance arrangements to be subject to approval in a referendum."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
[As an amendment to amendment 138]

138ALine 2, leave out "may" and insert "must"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

138BPage 36, line 23, after "times" insert "and are published on its website"
138CPage 36, line 24, after "area" insert ", and on its website,"
138D*Page 36, line 31, after "notice" insert "and on its website"
138EPage 36, line 37, at end insert—
    "(   )  The local authority shall publish any resolution required by this section on its website."
 

BARONESS ANDREWS

139Page 37, line 8, leave out from "(England):" to end of line 11 and insert "the appropriate elections of councillors;"
 

LORD GREAVES

140Page 37, leave out line 13
 

BARONESS ANDREWS

141Page 37, line 13, at end insert—
    "(5)  For the purposes of subsection (4)(a), the "appropriate elections of councillors" are the elections determined in accordance with whichever of the following paragraphs is applicable—
    (a)  if the local authority is currently operating—
    (i)  a mayor and cabinet executive, or
    (ii)  an elected executive,
      the "appropriate elections of councillors" are the ordinary elections of councillors of the local authority held on the day on which the next ordinary election of a mayor or elected executive was expected to be held when the resolution to make the change in governance arrangements was passed;
    (b)  if the local authority—
    (i)  is not currently operating a mayor and cabinet executive or elected executive, and
    (ii)  is required to pass the resolution to make the change in governance arrangements during a permitted resolution period,
      the "appropriate elections of councillors" are the first ordinary elections of councillors of the local authority to be held after the end of the permitted resolution period in which the resolution is passed;
    (c)  if the local authority—
    (i)  is not currently operating a mayor and cabinet executive or elected executive, and
    (ii)  is not required to pass the resolution to make the change in governance arrangements during a permitted resolution period,
      the "appropriate elections of councillors" are the first ordinary elections of councillors of the local authority to be held after the resolution is passed."
142Page 37, line 22, after "33D" insert "or in regulations under section 34, 35 or 36"
143Page 37, line 31, after second "executive" insert ": general requirements"
144Page 38, line 1, leave out from beginning to end of line 10
 

LORD GREAVES
BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

145Page 38, leave out lines 3 to 10
 

BARONESS ANDREWS

146Page 38, leave out line 11 and insert "Changes subject to approval in a referendum: additional requirements"
147Page 38, line 12, leave out from "arrangements" to end of line 17 and insert "if—
(a)  the change is of the kind set out in section 33A (new form of executive) or section 33C (move to executive arrangements), and
4(b)  the change is subject to approval in a referendum."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
[As an amendment to amendment 147]

147ALeave out line 4
 

BARONESS ANDREWS

148Page 38, line 22, at end insert—
    "(3A)  Any such resolution must be passed within the period of 28 days beginning with the day when the referendum is held.
    (3B)  Any such resolution must be passed at a meeting specially convened for the purpose."
149Page 38, line 32, leave out from beginning to end of line 41 and insert—
    "33LChange not subject to approval in a referendum: additional requirements
    (1)  This section applies to a change of governance arrangements if—
    (a)  the change is of the kind set out in section 33A (new form of executive) or section 33C (move to executive arrangements), and
    (b)  the change is not subject to approval in a referendum.
    (1A)  Any resolution to make the change in governance arrangements must be passed during a permitted resolution period.
    (1B)  Subsection (2) applies if—
    (a)  the local authority is operating a mayor and cabinet executive or an elected executive, and
    (b)  the proposed new form of executive is a leader and cabinet executive (England).
    (2)  In such a case—"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

149A*Page 39, leave out lines 4 to 9
 

BARONESS ANDREWS

150Page 39, leave out lines 4 to 9 and insert—
    "(2A)  Subsection (3) applies if—
    (a)  the local authority is operating a mayor and cabinet executive or an elected executive, and
    (b)  the proposed new form of executive is a form prescribed in section 11(5).
    (2B)  In such a case, the resolution to make the change in governance arrangements must be passed—
    (a)  at a meeting specially convened for the purpose;
    (b)  by a majority of at least two thirds of members voting on it."
151Page 39, line 9, at end insert—
    "33LACases in which change subject to approval in referendum
    (1)  For the purposes of sections 33K and 33L a change in governance arrangements is subject to approval in a referendum in either of the following cases.
    (2)  The first case is where the proposals for implementing the local authority's current form of executive were themselves approved in a referendum.
    (3)  The second case is where the local authority's proposals under section 33E provide for the change in governance arrangements to be subject to approval in a referendum."
 

BARONESS HANHAM
LORD HANNINGFIELD

152Page 39, leave out lines 10 to 15
 

LORD GREAVES
BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

153Page 39, leave out lines 16 to 26
 

BARONESS HANHAM
LORD HANNINGFIELD

154Page 39, line 16, leave out "or elected"
155Page 39, line 20, leave out from "executive" to end of line 21
156Page 39, line 24, leave out from "mayor" to end of line 25
 

LORD GREAVES
BARONESS ANDREWS
BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

157Page 39, line 28, leave out from beginning to end of line 10 on page 40
 

LORD GREAVES
BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

158Page 40, leave out lines 19 and 20
 

BARONESS HANHAM
LORD HANNINGFIELD

159Page 40, leave out line 19
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

159APage 40, line 23, leave out from "means" to end of line 24 and insert "any period other than the period of six months immediately before the date of ordinary elections of the authority in question"
159BPage 40, line 28, leave out from beginning to end of line 11 on page 41
 The above-named Lords give notice of their intention to oppose the Question that Clause 64 stand part of the Bill.

 
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9 July 2007