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 69

 

BARONESS HANHAM
LORD HANNINGFIELD

168Page 44, leave out line 19
 

LORD GREAVES
BARONESS SCOTT OF NEEDHAM MARKET

 The above-named Lords give notice of their intention to oppose the Question that Clause 69 stand part of the Bill.
 

Clause 70

 

BARONESS HANHAM
LORD HANNINGFIELD

169Page 44, line 28, leave out paragraph (c)
 

LORD GREAVES

170Page 44, leave out lines 37 to 39
 

LORD GREAVES
BARONESS SCOTT OF NEEDHAM MARKET

 The above-named Lords give notice of their intention to oppose the Question that Clause 70 stand part of the Bill.
 

Clause 71

 

LORD GREAVES

171Page 45, line 19, leave out from beginning to end of line 32 and insert—
"(1)  Each person entitled to vote as an elector shall have one vote and the elected executive is to be returned under the simple majority system, unless there are three or more candidates.
(2)  If there are three or more proposed executives, voting shall be by means of preferential voting in which electors may list the proposed executives in order of preference.
(3)  If there are three or more proposed executives, the elected executive is to be returned under the alternative vote system in accordance with Schedule (Alternative vote system: amendments)."
172Page 45, line 39, leave out "(supplementary vote system: consequential amendments)" and insert "(Alternative vote system: amendments)"
 

LORD HANNINGFIELD
BARONESS SCOTT OF NEEDHAM MARKET

 The above-named Lords give notice of their intention to oppose the Question that Clause 71 stand part of the Bill.
 

Clause 72

 

LORD GREAVES

173Page 46, line 7, leave out ", on the day of a post-election annual meeting"
174Page 46, line 9, leave out "the post-election" and insert "each"
175Page 46, line 11, leave out "post-election"
176Page 46, leave out lines 19 and 20
177Page 46, line 24, leave out ", on the day of a relevant annual meeting,"
178Page 46, line 26, leave out "the relevant" and insert "each"
179Page 46, line 27, leave out "relevant"
180Page 46, leave out lines 36 to 42
181Page 46, line 39, at end insert—
"(   )  each annual meeting that follows the ordinary elections of councillors in the authority, or"
182Page 47, line 26, at end insert "or on the day when the council holds its first annual meeting following the next ordinary election of councillors, whichever is the earlier"
183Page 47, line 37, leave out from beginning to end of line 3 on page 48
184Page 48, leave out lines 4 to 10
185Page 48, leave out lines 11 to 17
 

BARONESS ANDREWS

186Page 48, line 12, at end insert—
"(za)  as to the dates on which and years in which executive leaders of leader and cabinet executives (England) are to be elected by local authorities,
(zb)  as to the intervals between elections of executive leaders of leader and cabinet executives (England),"
 

After Clause 72

 

BARONESS ANDREWS

187Insert the following new Clause—
"Power to make incidental, consequential provision etc
(1)  Section 47 of the Local Government Act 2000 (power to make incidental, consequential provision etc) is amended as follows.
(2)  After subsection (3) insert—
"(4)  The provision which may be made under subsection (1) includes provision relating to changes in local authority governance arrangements (including changes of the kinds set out in sections 33A to 33D).
(5)  That includes—
(a)  provision relating to the old governance arrangements, the new governance arrangements, or both kinds of governance arrangements,
14(b)  provision as to the dates on which and years in which relevant elections may or must be held,
(c)  provision as to the intervals between relevant elections, and
18(d)  provision as to the term of office of any member of any form of executive.
(6)  In subsection (5) "relevant election" means—
(a)  an election for the return of an elected mayor;
21(b)  an election for the return of elected executive members;
(c)  the election by a local authority of the executive leader of a leader and cabinet executive (England).
(7)  Nothing in subsection (2), (3), (4) or (5) affects the generality of the power in subsection (1)."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
[Amendments 187A and 187B are amendments to amendment 187]

187ALeave out lines 14 to 18
187BLeave out line 21
 

Clause 73

 

BARONESS ANDREWS

188Page 48, line 18, at end insert—
"(A1)  Section 45 of the Local Government Act 2000 (c. 22) (provision with respect to referendums) is amended as follows."
189Page 48, leave out lines 19 and 20 and insert "For subsection (1) substitute—"
190Page 48, line 25, at end insert—
"(1A)  In subsection (9) after "section 27" insert "or 33K"."
 

LORD GREAVES
BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

 The above-named Lords give notice of their intention to oppose the Question that Clause 73 stand part of the Bill.
 

After Clause 74

 

BARONESS ANDREWS

191Insert the following new Clause—
"Larger authorities to cease operating alterative arrangements
(1)  This section applies to a local authority if—
(a)  the authority is operating alternative arrangements, and
(b)  the resident population of the authority's area on 30th June 1999 was 85,000 or more.
(2)  The local authority must draw up proposals for—
(a)  ceasing to operate alternative arrangements, and
(b)  starting to operate executive arrangements which provide for a leader and cabinet executive (England).
(3)  The proposals must include all of the following—
(a)  a statement of the extent to which the functions specified in regulations under section 13(3)(b) of the Local Government Act 2000 are to be the responsibility of the leader and cabinet executive (England);
(b)  a timetable with respect to the implementation of the proposals;
(c)  details of any transitional arrangements which are necessary for the implementation of the proposals.
(4)  The timetable must be such as to ensure that the local authority will make the proposed move to executive arrangements no later than the day of the authority's annual meeting in 2009.
(5)  After drawing up the proposals, the local authority must—
(a)  secure that copies of a document setting out the proposals are available at the authority's principal office for inspection by members of the public at all reasonable times, and
(b)  publish in one or more newspapers circulating in its area a notice which—
(i)  states that the authority has drawn up the proposals,
(ii)  describes the main features of the proposals,
(iii)  states that copies of a document setting out the proposals are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and
(iv)  specifies the address of the principal office.
(6)  A resolution of the local authority is required in order for the authority to adopt the proposed leader and cabinet executive (England).
(7)  Section 29(2) of the Local Government Act 2000 applies to a resolution under subsection (6) as it applied to a resolution to operate executive arrangements.
(8)  If the local authority passes the resolution under subsection (6), the authority must make the move to the proposed leader and cabinet executive (England) in accordance with the timetable in the proposals.
(9)  Executive arrangements which come into operation in accordance with this section are to be treated as being operated after the passing of a resolution of the local authority under section 33F of the Local Government Act 2000.
(10)  In complying with this section, the local authority must comply with any directions given by the Secretary of State in connection with this section.
(11)  For the purposes of this section the resident population of any area on 30th June 1999 is to be taken to be the Registrar General's estimate of that population on that date."
192Insert the following new Clause—
"Failure to cease operating alternative arrangements
(1)  This section applies if—
(a)  section (Larger authorities to cease operating alternative arrangements) applies to a local authority, and
(b)  it appears to the Secretary of State that the local authority will fail to start to operate a leader and cabinet executive (England) by the day of the authority's annual meeting in 2009.
(2)  The Secretary of State may by order specify executive arrangements for the local authority which provide for a leader and cabinet executive (England).
(3)  The leader and cabinet executive (England) which is provided for under subsection (2) shall come into operation on the day of the local authority's annual meeting in 2009.
(4)  Arrangements which the Secretary of State specifies under sub-paragraph (2) are to be treated as having been made by the local authority itself.
(5)  Arrangements which come into operation in accordance with sub-paragraph (3) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the Local Government Act 2000.
(6)  As soon as practicable after executive arrangements are specified under sub-paragraph (2), the local authority must comply with the following provisions of the Local Government Act 2000—
(a)  section 29(2)(a);
(b)  section 29(2)(b)(ii) to (v)."
193Insert the following new Clause—
"Sections (Larger authorities to cease operating alterative arrangements) and (Failure to cease operating alternative arrangements): supplementary
(1)  Section 33C of the Local Government Act 2000 does not apply to a local authority to which section (Larger authorities to cease operating alternative arrangements) applies.
(2)  Section 33I(1) of the Local Government Act 2000 is subject to sections (Larger authorities to cease operating alternative arrangements) and (Failure to cease operating alternative arrangements).
(3)  Subsection (4) applies to a local authority which—
(a)  starts to operate a leader and cabinet executive (England) in accordance with section (Larger authorities to cease operating alternative arrangements) or (Failure to cease operating alternative arrangements), and
(b)  draws up proposals for a change in those governance arrangements of the kind set out in section 33A of the Local Government Act 2000 (new form of executive).
(4)  For the purposes of section 33L of the Local Government Act 2000, the first permitted resolution period is to be the period which—
(a)  starts with 1 October 2010, and
(b)  ends with 31 December 2010;
  (rather than the other period ending with 31 December 2010 that is specified in the table in section 33P(5) of the Local Government Act 2000).
(5)  Expressions used in section (Larger authorities to cease operating alternative arrangements) or (Failure to cease operating alternative arrangements) that are also used in Part 2 of the Local Government Act 2000 have the same meanings in that section as in that Part."
 

Clause 75

 

LORD GREAVES

 Lord Greaves gives notice of his intention to oppose the Question that Clause 75 stand part of the Bill.
 

Clause 76

 

BARONESS HANHAM
LORD HANNINGFIELD

194Page 49, line 23, leave out sub-paragraph (ii)
 

LORD GREAVES
BARONESS ANDREWS

 The above-named Lords give notice of their intention to oppose the Question that Clause 76 stand part of the Bill.

 
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11 July 2007