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back to previous amendments
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 194A | Insert the following new Clause— |
| "CHAPTER A1 | Exemption of London |
| | Notwithstanding any rule of law or enactment to the contrary there shall be no parish councils in London." |
| 195 | Page 53, leave out lines 6 to 11 |
| | LORD GREAVES
BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 77 stand part of the Bill. |
| 196 | Page 53, line 21, after ""elected" insert "and co-opted" |
| 197A | Page 53, line 22, at end insert "or co-opted" |
| 197B | Page 53, line 23, at end insert— |
| "(c) | after subsection (10) insert— |
| "(11) | An appointed councillor may not hold an office under this section."." |
| 198 | Page 53, line 29, leave out "may" and insert "shall" |
| 199 | Page 53, leave out lines 32 to 41 and insert— |
| "(3) | The regulations shall make provision that— |
| (a) | the persons who may be appointed are— |
| (i) | local government electors for the parish; |
| (ii) | persons who are qualified to sit as elected councillors for the parish; |
| (iii) | persons who are actively involved in the parish by virtue of membership of a local organisation that is based in or active in the parish; or |
| (iv) | persons who have given distinguished service to the parish; |
| (b) | the number of appointed councillors shall not exceed one third of the number of elected councillors; |
| (c) | appointed councillors shall be appointed at an annual meeting of a parish council, their appointment shall be subject to confirmation en bloc at the annual parish meeting and they shall hold office until the following annual meeting when they shall be eligible for reappointment; |
| (d) | appointed councillors shall have all the rights of parish councillors (including the right to propose and second motions and amendments) but shall not vote on questions before the council. |
| ( ) | The regulations may make other provision including matters relating to the appointment, status and rights of appointed councillors." |
| 200 | Page 54, leave out lines 1 to 3 |
| 201 | Page 54, line 3, at end insert— |
| "( ) | Appointed councillors shall have the title of parish or town alderman (or in the case of parishes which have adopted alternative styles they shall be known as community alderman, neighbourhood alderman or village alderman)." |
| | LORD GREAVES
BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 78 stand part of the Bill. |
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 201A* | Page 54, line 14, leave out "an eligible" and insert "a" |
| | LORD GREAVES
BARONESS HANHAM
LORD HANNINGFIELD |
| 202 | Page 54, line 15, leave out subsection (4) |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
LORD HANNINGFIELD |
| 203 | Insert the following new Clause— |
| "Parish councils: power to issue guarantees |
| (1) | A parish council may make and issue a guarantee for a sum, incidental to its support for an activity which is within its powers under this or any other Act. |
| (2) | A guarantee under subsection (1) may be made— |
| (a) | in respect of membership of a company incorporated under the Companies Act 2006 (c. 46); |
| (b) | in respect of membership of an association of local authorities; or |
| (c) | to a voluntary organisation operating in its area. |
| (3) | In exercising the power to make a guarantee under subsection (1), the council must have regard for any limit on the maximum sum that may be guaranteed that the Secretary of State may by order prescribe." |
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 203A | Page 54, line 22, leave out "an eligible" and insert "a" |
| 204 | Page 54, line 23, at end insert— |
| "( ) | In section 4 (strategies for promoting well-being) after subsection (3)(b) insert— |
| "(c) | must consult each eligible parish council on all matters that affect that parish."." |
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 204A | Page 54, line 27, leave out "an eligible" and insert "a" |
| 204B | Page 54, line 28, leave out "an eligible" and insert "a" |
| 204CA | Page 55, line 16, at end insert— |
| "(4) | Where a council has carried out a parish review under the provisions of Part II of the Local Government and Rating Act 1997 (c. 29) (parishes and parish councils) and sent recommendations to the Secretary of State, but the Secretary of State has not made an order relating to it under that Part on the day that this Chapter comes into effect, either— |
| (a) | the Secretary of State may by agreement with the council continue to deal with the parish review under the provisions of Part II of the Local Government and Rating Act 1997, and the provisions of that Part shall continue to apply for the purposes of that review, or |
| (b) | in any other case the Secretary of State shall send the parish review back to the council to be dealt with as a community governance review under this section. |
| (5) | Where a council has received a petition under the provisions of section 11 of the Local Government and Rating Act 1997 and sent it to the Secretary of State, but the Secretary of State has not made an order relating to it under that Part on the day that this Chapter comes into effect, either— |
| (a) | the Secretary of State may by agreement with the council continue to deal with the petition under the provisions of Part II of the Local Government and Rating Act 1997, and the provisions of that Part shall continue to apply for the purposes of that review, or |
| (b) | in any other case the Secretary of State shall send the petition back to the council to be dealt with as a community governance petition under section 82 of this Act." |
| 204CB | Page 57, line 4, leave out "the whole or" |
| 204CC | Page 58, line 39, leave out "available" and insert "unparished" |
| 204CD | Page 58, line 40, leave out "available" and insert "unparished" |
| 204CE | Page 59, line 4, leave out ""available" and insert ""unparished" |
| 204CF | Page 59, line 12, leave out subsection (7) |
| 204CG | Page 59, line 22, leave out "must" and insert "may" |
| 204CH | Page 59, line 24, leave out "must" and insert "may" |
| 204CJ | Page 61, line 15, leave out subsection (5) |
| 204CK | Page 61, line 35, leave out subsection (3) |
| 204CL | Page 61, line 37, leave out "In any other case," and insert "Subject to subsection (5)," |
| 204CM | Page 61, line 38, insert— |
| "(5) | But if the parish has 150 or fewer local government electors the review may only recommend that the parish should have a parish council if a parish meeting resolves to set up a parish council and that resolution is confirmed in a parish poll." |
| 204CN | Insert the following new Clause— |
| "Recommendations to abolish parish councils |
| (1) | If a community governance review includes a recommendation that a parish should be abolished, a motion in support of the recommendation must be placed on the agenda of a parish meeting, which is convened for that purpose, in that parish. |
| (2) | If the motion fails to be passed by the parish meeting the recommendation must be rejected by the council that is undertaking the community governance review. |
| (3) | The parish meeting convened under subsection (1) may resolve to hold a parish poll on the recommendation that the parish should be abolished. |
| (4) | If a recommendation to abolish a parish fails to win a majority in a poll held under subsection (3) the recommendation must be rejected by the council that is undertaking the community governance review." |
| 204CP | Insert the following new Clause— |
| "Recommendation for grouping parishes: parish meetings |
| (1) | If a community governance review includes a recommendation to group an ungrouped parish a motion in support of the recommendation must be placed on the agenda of a parish meeting, convened for that purpose, in that parish. |
| (2) | If that motion fails to be passed by the parish meeting called under subsection (1), the recommendation must be rejected by the council that is undertaking the community governance review insofar as it refers to that parish. |
| (3) | The parish meeting convened under subsection (1) may resolve to hold a parish poll on the recommendation that the parish should be grouped. |
| (4) | If a recommendation for grouping a parish fails to win a majority in a parish poll held under subsection (3), the recommendation must be rejected by the council that is undertaking the community governance review. |
| (5) | If a community governance review includes a recommendation that changes should be made to grouping arrangements in any parishes, a motion in support of the recommendation must be placed on the agenda of an inter-parish meeting, convened for that purpose, in that group of parishes. |
| (6) | If the motion fails to be passed by the inter-parish meeting called under subsection (5), the recommendation must be rejected by the council that is undertaking the community governance review insofar as it refers to that group. |
| (7) | The parish meeting convened under subsection (1) may resolve to hold a parish poll on the recommendations for changes to the grouping arrangements. |
| (8) | If a recommendation for changes to the grouping arrangements fails to win a majority in a parish poll held under subsection (7), the recommendation must be rejected by the council that is undertaking the community governance review." |
| 204CQ | Page 62, line 14, at end insert— |
| "(c) | whether the parish is divided into more than one electoral area for elections to a principal council." |
| 204CR | Page 62, line 28, at end insert— |
| "(e) | the existence and boundaries of any electoral areas for elections to a principal council." |
| 204CS | Page 63, line 5, leave out subsection (4) |
| | Lord Greaves gives notice of his intention to oppose the Question that Clause 99 stand part of the Bill. |
| 204CT | Page 64, line 16, leave out "or 90" |
| 204CU | Page 64, line 17, leave out paragraph (b) |
| | Lord Greaves gives notice of his intention to oppose the Question that Clause 101 stand part of the Bill. |
| 204CV | Page 65, line 14, leave out from "under" to "94" in line 15 and insert "section" |
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