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

House of Lords

back to previous amendments

 

Clause 109

 

LORD SMITH OF LEIGH

211Page 70, line 6, at beginning insert "where, in addition, it has not been prepared under the terms of section 108(2),"
 

BARONESS HANHAM
LORD HANNINGFIELD

211APage 70, line 6, at end insert "only in respect of national improvement targets"
 

LORD GREAVES

211BPage 70, line 14, at end insert—
"(4)  A decision by the Secretary of State under subsection (1) shall be sent to the responsible authority within three months of the Secretary of State's receipt of the draft local area agreement.
(5)  If the Secretary of State fails to comply with subsection (4), the draft local area agreement shall be deemed to have been approved."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
LORD GREAVES

 The above-named Lords give notice of their intention to oppose the Question that Clause 109 stand part of the Bill.
 

Clause 110

 

BARONESS HANHAM
LORD HANNINGFIELD

211CPage 70, line 19, after "have" insert "pre-eminent"
 

LORD SMITH OF LEIGH

212Page 70, line 19, after "to" insert "attaining"
 

LORD GREAVES

212ZAPage 70, line 20, at end insert "but, where such a target is in conflict with a policy set out in an statutory plan or strategy adopted by a local authority, the policy in the plan or strategy shall prevail"
212ZBPage 70, line 20, at end insert—
"(   )  Nothing in this section shall negate the right of elected councillors to have regard to the policies they placed before the electors prior to their election."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

 The above-named Lords give notice of their intention to oppose the Question that Clause 110 stand part of the Bill.
 

Clause 111

 

BARONESS HANHAM
LORD HANNINGFIELD

212APage 70, line 24, leave out "local" and insert "national"
212BPage 70, line 28, leave out "local" and insert "national"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
LORD GREAVES

 The above-named Lords give notice of their intention to oppose the Question that Clause 111 stand part of the Bill.
 

Clause 112

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

212BAPage 70, line 34, leave out subsection (1)
 

BARONESS HANHAM
LORD HANNINGFIELD

212CPage 71, line 4, leave out "local" and insert "national"
 

LORD GREAVES

212CAPage 71, line 10, leave out paragraph (a)
 

BARONESS HANHAM
LORD HANNINGFIELD

212DPage 71, line 16, leave out paragraph (b)
212EPage 71, line 19, at end insert—
"(7)  The responsible local authority may in its absolute discretion, with the consent of each person to whom the target in question relates, change, remove or revise a local improvement target."
 

LORD GREAVES

 Lord Greaves gives notice of his intention to oppose the Question that Clause 112 stand part of the Bill.
 

Clause 113

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

212EAPage 71, line 23, leave out "and submit to the Secretary of State"
212EBPage 71, line 25, leave out paragraph (b)
 

BARONESS HANHAM
LORD HANNINGFIELD

212FPage 71, line 28, after "to" insert "national"
212GPage 71, line 29, after "of" insert "national"
 

BARONESS HANHAM
LORD HANNINGFIELD
LORD GREAVES

212HPage 71, line 30, leave out paragraph (c)
 

BARONESS HANHAM
LORD HANNINGFIELD

212JPage 71, line 33, after "a" insert "national"
212KPage 71, line 36, leave out paragraph (b)
212LPage 71, line 43, after "of" insert "national"
212MPage 71, line 43, leave out ", or additional local improvement targets,"
 

LORD GREAVES

212MAPage 71, line 43, leave out "or additional"
212MBPage 72, line 3, after "being);" insert "in a county in which there are a county and district councils, the community strategy of each district council in the county"
 

BARONESS HANHAM
LORD HANNINGFIELD

212NPage 72, line 5, after "of" insert "national"
212PPage 72, line 5, leave out ", or additional local improvement targets,"
 

LORD GREAVES

 Lord Greaves gives notice of his intention to oppose the Question that Clause 113 stand part of the Bill.
 

Clause 114

 

BARONESS HANHAM
LORD HANNINGFIELD

212QPage 72, line 28, after "a" insert "national"
 

LORD GREAVES

212QAPage 72, line 33, at end insert—
"(5)  A decision by the Secretary of State under subsection (1) shall be sent to the responsible authority within two months of the Secretary of State's receipt of the revision proposal.
(6)  If the Secretary of State fails to comply with subsection (5), the revision proposal shall be deemed to have been approved."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
LORD GREAVES

 The above-named Lords give notice of their intention to oppose the Question that Clause 114 stand part of the Bill.
 

Clause 115

 

BARONESS HANHAM
LORD HANNINGFIELD

212RPage 72, line 38, leave out "local" and insert "national"
 

Clause 116

 

BARONESS HANHAM
LORD HANNINGFIELD

212RAPage 73, line 21, leave out "or" and insert—
  "(ia) other non-statutory partners to the local area agreement, and"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

212RBPage 73, line 29, at end insert—
"(4)  In determining whether or how to exercise the power conferred by section 2 of the Local Government Act 2000 a local authority shall have regard to climate change and the consequences of climate change."
 

Clause 117

 

BARONESS ANDREWS

213Page 74, line 14, after "England";" insert—
"(   )  in subsection (2)(a) and (b), after "authorities" insert "in England";
(   )  in subsection (2)(c), after "authority" insert "in England";"
214Page 75, line 7, at end insert—
"(   )  After section 9 insert—
    "9AProcedure for orders under section 7
    (1)  Before the Welsh Ministers make an order under section 7 they must consult—
    (a)  such local authorities in Wales,
    (b)  such representatives of local government in Wales, and
    (c)  such other persons (if any),
      as appear to them to be likely to be affected by their proposals.
    (2)  If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 7 they must lay before the National Assembly for Wales a document which—
    (a)  explains their proposals,
    (b)  sets them out in the form of a draft order, and
    (c)  gives details of consultation under subsection (1).
    (3)  Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 7 to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was laid.
    (4)  In calculating the period mentioned in subsection (3) no account is to be taken of any time during which the National Assembly is dissolved or is in recess for more than four days.
    (5)  In preparing a draft order under section 7 the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).
    (6)  A draft order under section 7 which is laid before the National Assembly for Wales must be accompanied by a statement of the Welsh Ministers giving details of—
    (a)  any representations considered in accordance with subsection (5), and
    (b)  any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2).
    (7)  Nothing in this section applies to an order under section 7 which is made only for the purpose of amending an earlier order under that section—
    (a)  so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
    (b)  so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description."."
     

    Clause 118

     

    LORD GREAVES

    214ZAPage 75, line 10, at end insert—
    "(   )  If a responsible local authority includes two or more PCTs, subsection (1) applies separately to the area of each of them."
     

    BARONESS SCOTT OF NEEDHAM MARKET
    BARONESS HAMWEE

    214ZBPage 75, line 22, at end insert—
    "(   )  The Secretary of State shall publish his comments on each assessment of relevant needs, and on funding to meet such needs."
     

    Clause 119

     

    BARONESS HANHAM
    LORD HANNINGFIELD

    214APage 76, line 14, at beginning insert "national"
     

    Before Clause 121

     

    BARONESS SCOTT OF NEEDHAM MARKET
    BARONESS HAMWEE
    LORD HANNINGFIELD

    215Insert the following new Clause—
      "Contractors' duty to cooperate
    (1)  Where any private or voluntary organisation is funded by a local authority to provide a public service or function, that organisation shall be subject to local authority scrutiny by the same council, in relation to that service or function.
    (2)  This shall include—
    (a)  provision of information to a relevant overview and scrutiny committee, as defined by the Local Government Act 2000 (c. 22),
    (b)  attendance at a relevant overview and scrutiny committe to answer questions,
    (c)  a requirement to consider any report or recommendations of an overview and scrutiny committee, and
    (d)  a requirement to respond to the overview and scrutiny committee indicating what (if any) action the organisation proposes to take."
     

    Clause 121

     

    LORD GREAVES

    215ZAPage 77, line 9, leave out "local government"
     

    BARONESS SCOTT OF NEEDHAM MARKET
    BARONESS HAMWEE

    215ZAAPage 77, line 12, leave out from beginning to "enables" in line 13 and insert "provision for a person for the purposes of subsection (1) is provision which"
     

    LORD GREAVES

    215ZBPage 77, leave out lines 16 to 21.
     

    BARONESS SCOTT OF NEEDHAM MARKET
    BARONESS HAMWEE

    215ZCPage 77, line 35, at end insert—
      "(   )  An overview and scrutiny committee or sub-committee may request information (in writing or given orally at a meeting of the committee or sub-committee) from any member of the public it considers appropriate."
    215ZDPage 77, line 37, at end insert ", and publish"
     

    LORD GREAVES

    215ZEPage 77, line 44, leave out from beginning to end of line 1 on on page 78
     

    BARONESS HANHAM
    LORD HANNINGFIELD

    215APage 77, line 46, at end insert "and"
    215BPage 77, line 48, leave out "and"
    215CPage 78, leave out line 1
    215DPage 78, leave out lines 2 to 7
     

    LORD GREAVES

    215DAPage 78, line 5, leave out from "matters") to end of line 7 and insert—
      "(   )  A member of an authority who exercises the power under subsection (1)(c) shall have the right to address the committee or sub-committee when it is discussing whether to exercise any of its powers under subsection (2) in relation to the matter, and if and when it does so.""
    215DBPage 78, line 7, at end insert—
      "(12)  Nothing in this section shall prevent a local authority from making any other arrangements under which—
      (a)  a member may refer a matter to a decision-making or other body of the authority or to any other committee or sub-committee for the purposes set out in subsection (2) or otherwise,
      (b)  a member may make representations in person to a decision-making body of the authority or to any other committee or sub-committee, or
      (c)  any person may ask questions or a decision-making body of the authority or of any other committee or sub-committee, or make representations to them in writing or in person, whether at formally convened meetings or otherwise.
      (13)  In subsection (12), a "decision-making body" means any person, executive, committee or sub-committee or any other body which is authorised to make a decision on behalf of the council."."

 
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13 July 2007