House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Bill Home Page

Local Government and Public Involvement in Health Bill


FIFTH
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 121 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.

 

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.""
 

Clause 123

 

BARONESS HANHAM
LORD HANNINGFIELD

215DCPage 78, line 26, after "authorities" insert "or registered social landlords"
215DDPage 78, line 29, after "authority" insert "or registered social landlord"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
LORD HANNINGFIELD

216Page 78, line 29, at end insert ", and
    (c)  as to the duty of officers of relevant partner authorities to attend before a relevant scrutiny committee to answer questions."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

216APage 79, leave out line 18
 

LORD GREAVES

 Lord Greaves gives notice of his intention to oppose the Question that Clause 123 stand part of the Bill.
 

Clause 124

 

LORD GREAVES

216BPage 80, line 11, leave out "may" and insert "shall"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

216CPage 80, line 13, after "writing" insert ", if it has published the report or recommendations,"
216DPage 80, line 18, at end insert "and to publish the response,"
216EPage 80, leave out lines 19 to 21
 

LORD GREAVES

216FPage 80, line 19, leave out from beginning to "to" in line 20
 

BARONESS HANHAM
LORD HANNINGFIELD

216GPage 81, line 7, after "authority" insert "or registered social landlord"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

217Page 81, line 8, at end insert ", and
    "(c)  the report or any of the recommendations relates to matters which affect the authority's area or the inhabitants of that area."
 

BARONESS HANHAM
LORD HANNINGFIELD

217ZAPage 81, line 10, after first "authority" insert "or registered social landlord"
217ZBPage 81, line 10, after second "authority" insert "or registered social landlord"
217ZCPage 81, line 14, after "authority" insert "or registered social landlord"
 

LORD GREAVES

217APage 81, line 16, at end insert—
    "(   )  In a case where a relevant committee of a district council for a district in a county for which there is a county council makes a report or recommendations under this section, the county council is a partner authority for the purposes of this section."
217BPage 81, line 43, leave out from "England" to end of line 45
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

217CPage 82, leave out line 8
 

Clause 125

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

218Page 84, line 7, leave out from beginning to "a"
 

LORD GREAVES

218APage 84, line 8, at end insert "by unanimous agreement"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

219Page 84, line 35, leave out subsections (5) to (7)
220Page 85, line 36, leave out "or by virtue of regulations under"
221Page 85, line 37, at end insert—
"(   )  The provisions of sections 21A(1) (with the exception of paragraph (c)), 21A(2), 21B, 21C and 21D of the Local Government Act 2000 apply to a joint overview and scrutiny committee as if that committee were an overview and scrutiny committee of the county council in the group of partner authorities."
 

Clause 126

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

222Page 85, leave out line 46
 

LORD GREAVES

222A*Page 86, line 4, leave out "local improvement target" and insert "matter"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

223Page 86, leave out lines 7 to 9
224Page 86, line 24, at end insert—
    "(   )  The provisions of sections 21B, 21C and 21D apply to an overview and scrutiny committee on which the council has conferred the power mentioned in subsection (2)."
 

LORD GREAVES

 Lord Greaves gives notice of his intention to oppose the Question that Clause 126 stand part of the Bill.
 

After Clause 126

 

BARONESS HANHAM
LORD HANNINGFIELD

224AInsert the following new Clause—
  "Local authority scrutiny of crime and disorder matters
(1)  Section 19 of the Police and Justice Act 2006 (c. 48) (local authority scrutiny of crime and disorder matters) is amended as follows.
(2)  Omit subsections (3) to (7).
(3)  In subsection (8) omit "or (7)".
(4)  In subsection (11) omit the definition of "local crime and disorder matters"."
 

Clause 127

 

LORD GREAVES

 Lord Greaves gives notice of his intention to oppose the Question that Clause 127 stand part of the Bill.
 

Clause 128

 

BARONESS ANDREWS

225Page 86, line 42, at end insert—
"(   )  in subsection (2), after "their overview and scrutiny committees" insert ", and any joint overview and scrutiny committees,";
(   )  after that subsection insert—
    "(2A)  In subsection (2), "joint overview and scrutiny committee", in relation to a local authority ("the authority concerned"), means—
    (a)  a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 245 of the National Health Service Act 2006 appointed by the authority concerned and one or more other local authorities,
    (b)  an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section,
    (c)  a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 185 of the National Health Service (Wales) Act 2006 appointed by the authority concerned and one or more other local authorities,
    (d)  an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, or
    (e)  a joint overview and scrutiny committee within the meaning of section 125 of the Local Government and Public Involvement in Health Act 2007 (joint overview and scrutiny committees: local improvement targets) appointed by a group of partner authorities (within the meaning of that section) which includes the authority concerned.";"
     

    Clause 130

     

    BARONESS HANHAM
    LORD HANNINGFIELD

    225ZA*Page 88, leave out lines 16 and 17
    225ZB*Page 88, leave out line 23
     

    LORD GREAVES

     Lord Greaves gives notice of his intention to oppose the Question that Clause 130 stand part of the Bill.
     

    After Clause 130

     

    BARONESS HANHAM
    LORD HANNINGFIELD

    225ZC*Insert the following new Clause—
      "Timetable for implementation
      Not later than three months after the passing of this Act the Secretary of State shall publicise when he proposes to make regulations under section 236A of the Local Government Act 1972 (c. 70) as inserted by section 130 of this Act."
     

    Clause 131

     

    BARONESS HANHAM
    LORD HANNINGFIELD

    225ZD*Page 89, line 5, insert—
      "(1A)  Where an authority has the power to introduce and enforce byelaws under section 236A of the Local Government Act 1972, it shall be exempt from this section."
    225ZE*Page 91, line 4, at end insert—
      "(1A)  But nothing in this section prevents a local authority from using its fixed penalty receipts for another purpose, where it would not be expedient to use the total fixed penalty receipts for the purposes of combating any relevant nuisance."

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2007
17 July 2007