Local Government and Public Involvement in Health Bill
FOURTH
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 89 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.
| 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" |
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 204D | Page 66, line 7, at end insert "or" |
| 204DA | Page 66, line 8, leave out from "England" to "or" in line 9 |
| 204E | Page 66, line 9, leave out from "councils" to end of line 10 |
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 204F | Insert the following new Clause— |
| | The Secretary of State shall by order provide for the following functions to be transferred from any regional or statutory bodies to relevant local authorities— |
| (e) | economic development." |
| 204G | Page 67, line 1, leave out from "England" to end of line 2 |
| 204H | Page 67, line 6, at end insert— |
| "(2) | In a county in which there are a county council and district councils, the county council and a district council shall be responsible authorities for the area of that district. |
| (3) | In a district to which subsection (2) above applies the county council and the district council shall jointly exercise the functions of the responsible authority. |
| (4) | The Secretary of State shall by order make regulations under which councils may jointly exercise the functions of the responsible authority under subsection (3). |
| (5) | In this Chapter "responsible local authorities" means the authorities which are jointly responsible in areas in which there are a county council and district councils. |
| (6) | In a county in which there are a county council and district councils, the county council and the distict councils shall agree a local area agreement scheme. |
| (7) | The local area agreement scheme for each county to which subsection (6) applies shall specify the area of the county that is covered by each local area agreement. |
| (8) | A local area agreement scheme must specify that each local area agreement refers to one of the following— |
| (a) | the area of the county, |
| (b) | the area of a district, |
| (c) | the areas of two or more districts, or |
| (d) | the area covered by a Primary Care Trust." |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 204HA | Page 67, line 14, after "other" insert "public sector health" |
| 204J | Page 67, line 15, after "area" insert "or who provides such services to a significant proportion of the persons resident in the area of the responsible authority" |
| 205 | Page 67, line 36, at end insert— |
| "( ) | any local college of further education or sixth-form college." |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
LORD HANNINGFIELD |
| 206 | Page 67, line 36, at end insert— |
| "( ) | a regional offender manager; |
| ( ) | a probation trust or provider of probation services." |
| 207 | Page 67, line 36, at end insert— |
| "( ) | an institution of higher or further education; |
| ( ) | a housing association; |
| ( ) | a water and sewerage undertaker regulated by the Water Services Regulation Authority (Ofwat)." |
| 207A | Page 67, line 36, at end insert— |
| "( ) | a local strategic partnership; |
| ( ) | a housing market renewal pathfinder." |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
LORD HANNINGFIELD
BARONESS HANHAM |
| 208 | Page 68, line 3, leave out sub-paragraph (i) and insert— |
| "(i) | the relevent Secretaries of State as determined from time to time by order of the Secretary of State with responsibility for local government." |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 209 | Page 68, line 10, at end insert— |
| 209ZA | Page 68, line 35, after "it" insert "and in doing so shall have regard to the European Charter of Local Self-Government" |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 209ZB | Page 69, line 1, leave out paragraph (c) |
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 209A | Page 69, line 2, at end insert— |
| "(1A) | In this Chapter "national improvement target" means a national target for improvement designated by the Secretary of State in respect of which there shall be a maximum number of 35." |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 209AA | Page 69, line 8, after "person" insert "including a partner authority" |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 209ZBA | Page 69, line 15, leave out from beginning to first "a" in line 16 and insert "A responsible local authority shall prepare" |
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 209BA | Page 69, line 15, leave out ", a responsible local authority" and insert "a responsible local authority, or a responsible local authority resolves to prepare a local area agreement, that local authority" |
| 209C | Page 69, line 25, after "authority;" insert— |
| "( ) | other non-statutory partners to the local area agreement;" |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 209CAA | Page 69, line 25, after "authority;" insert— |
| "( ) | voluntary and non-statutory organisations delivering services in the area;" |
| 209CAC | Page 69, line 25, after "authority;" insert— |
| "( ) | each local strategic partnership in the area of the agreement;" |
| 209CB | Page 69, line 33, after "being" insert— |
| "( ) | the community strategy of each district council is a county in which there are a county council and district councils." |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 209CC | Page 69, line 34, leave out sub-paragraph (ii) |
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 209D | Page 69, line 34, at end insert "; and |
| ( ) | the comprehensive area assessment which shall be phased in to coincide with the commencement date for this Chapter." |
| 210 | Page 69, line 34, at end insert— |
| "( ) | In view of their duty under section 38 of Education and Inspections Act 2006 (c. 40) (general duties of governing body of maintained school), schools should be involved in the preparation of those parts of a draft local area agreement concerning children and young people. |
| ( ) | In preparing a draft local area agreement, the responsible local authority must consult and co-operate with representatives of local schools on local improvement targets relating to education." |
| 210A | Page 69, line 38, at end insert— |
| "(3A) | In a county in which there are a county council and district councils the local area agreement may make different provision in different areas of the county for— |
| (a) | local improvement targets, or |
| (3B) | In subsection (3A) "different areas" may refer to— |
| (a) | the area of a district, |
| (b) | the area of two or more districts, or |
| (c) | the area of a Primary Care Trust, |
| | and it may include different areas for different purposes." |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 210B | Page 69, line 40, leave out "(including representatives of partner authorities)" and insert "and partner authorities" |
| 210C | Page 69, line 43, leave out subsection (5) |
| 210D | Page 69, line 45, leave out subsection (6) |
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