Local Government and Public Involvement in Health Bill
EIGHTH
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 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.
| 242K | Page 164, line 16, leave out "any member of a local" and insert "a member of the" |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 243 | Page 164, line 19, leave out subsection (2) |
| 244 | Page 164, line 21, leave out "senior executive member" and insert "local authority" |
| 245 | Page 164, line 26, leave out "In any other case" |
| 245A | Page 164, line 27, leave out subsection (4) |
| | LORD LOW OF DALSTON
EARL HOWE
BARONESS NEUBERGER |
| 245B | Insert the following new Clause— |
| | "Local authority cooperation |
| | "Local authority cooperation |
| (1) | The Secretary of State shall by regulations make provision requiring local authorities to cooperate in their treatment of persons moving from one local authority area to another. |
| (2) | The regulations shall include provision for information to be disclosed by one local authority to another." |
| 246A | Insert the following new Clause— |
| | "Secretary of State to report on local government targets and plans |
| (1) | The Secretary of State must prepare an annual report on progress during the previous 12 months to reduce the administrative burden for local government of compliance with duties under Part 5 of this Act and section 4 of the Local Government Act 2000 (c. 22) (strategies for promoting well-being) and any other duties of a similar nature that require local authorities to have regard to guidance, provide information to the Secretary of State or to a body acting on the Secretary of State's behalf or obtain the approval of a Secretary of State in relation to the discharge of a function of the authority. |
| (2) | The Secretary of State must annually lay before each House of Parliament the report he prepares under this section, the first report being laid before the Houses of Parliament on the anniversary of the commencement of this section." |
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 246C | Insert the following new Clause— |
| | "Abolition of statutory codes of recommended practice as regards publicity |
| | Section 4 of the Local Government Act 1986 (c. 10) (codes of recommended practice as regards publicity) is repealed." |
| 246CA | Insert the following new Clause— |
| | "Independent Commission for Local Government Finance for England |
| (1) | There is to be a body corporate called the Independent Commission for Local Government Finance for England. |
| (2) | Schedule (The Independent Commission for Local Government Finance for England) (which makes provision for the Commission) has effect. |
| 246CB | Insert the following new Clause— |
| | "Community strategies to promote well-being |
| ( ) | In section 4 of the Local Government Act 2000 (c. 22) (strategies for promoting well-being), after subsection (1) insert— |
| "(1A) | A community strategy prepared under subsection (1) or modified under subsection (2) may contain a scheme to allow the local authority to do anything which it would otherwise have been prohibited from doing under section 3(1) or (2). |
| (1B) | Where a community strategy includes a scheme under subsection (1A), section 3(1) and (2) shall not apply in relation to the powers set out therein. |
| (1C) | The operation of powers mentioned in subsection (1B) shall be restricted to the area of the local authority. |
| (1D) | The powers mentioned in subsection (1B) may include any of the following— |
| (a) | powers over benefits to the administration of which the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 applies; |
| (b) | powers to vary the conditions for receipt of payments made under the Jobseekers Act 1995; |
| (c) | powers to assume the functions of the Secretary of State specified in sections 2 and 10 of the Employment and Training Act 1973; |
| (d) | powers to direct the use of funds by the Learning and Skills Council under Part I of the Learning and Skills Act 2000; and |
| (e) | powers to assume the functions of the Secretary of State specified in section 114 of the Learning and Skills Act 2000; |
| | and where powers are included in a scheme under subsection (1A), the Secretary of State shall pay to the authority grant as appropriate, out of monies voted by Parliament."" |
| 246D | Page 169, line 14, leave out subsections (4) and (5) and insert— |
| "(4) | A statutory instrument containing an order made by the Welsh Ministers under section 211 or 219, other than an instrument to which subsection (5) applies, is subject to annulment in pursuance of a resolution of the National Assembly for Wales. |
| (5) | A statutory instrument containing— |
| | an order under section 211 which includes provision amending an enactment, or |
| | an order made by the Welsh Ministers under section 213, |
| | may not be made unless a draft of the order has been laid before and approved by a resolution of the National Assembly for Wales." |
| 246E | Page 169, line 21, after "order" insert "made by the Secretary of State" |
| 246F | Page 169, line 21, leave out "or 40" and insert ", 40 or 213" |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 246G | Page 169, line 21, leave out "or 40" and insert ", 40 or 218" |
| 247 | Page 169, line 21, leave out "or 8" and insert ", 9(3A)(b) or 10(2A)(b)" |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 247ZA | Page 170, line 32, leave out "supplementing or" |
| 247A | Page 170, line 39, after "10," insert "(Consequential amendments relating to joint waste authorities)," |
| 248 | Page 170, line 39, after "10," insert "13," |
| 249 | Page 170, line 39, after second "9," insert "14," |
| 250 | Page 171, line 7, after "sections" insert "75(2)," |
| 251 | Page 171, line 7, after "245" insert ", and Part 3 of Schedule 5," |
| 252 | Page 171, line 12, after "Part 3" insert "(to the extent that it does not come into force in accordance with subsection (1))" |
| | LORD REA
BARONESS NEUBERGER
EARL HOWE
BARONESS MEACHER |
| 252A | Page 171, line 29, at end insert— |
| "( ) | But the Secretary of State shall make no appointment in respect of sections 229 to 231 unless he is satisfied that for each local authority area arrangements of the kind referred to in section 222(1) have been made." |
| 252B | Insert the following new Schedule— |
| | INDEPENDENT COMMISSION FOR LOCAL GOVERNMENT FINANCE FOR ENGLAND |
| | 1 (1) The Commission shall consist of a chairman and at least four, but nor more than eight, other members. |
| (2) | The chairman and members shall be appointed by the Secretary of State after consultation with representatives of English local authorities. |
| (3) | The Secretary of State shall exercise the power in sub-paragraph (2) so as to secure that— |
| (a) | the knowledge and experience of the members of the Commission (taken together) includes knowledge and experience of the matters mentioned in sub-paragraph (4), and |
| (b) | at least two members are members of one or more of the following bodies— |
| (i) | the Institute of Chartered Accountants in England and Wales; |
| (ii) | the Institute of Chartered Accountants of Scotland; |
| (iii) | the Association of Certified Accountants; |
| (iv) | the Chartered Institute of Public Finance and Accountancy; |
| (v) | the Institute of Chartered Accountants in Ireland; and |
| (vi) | the Chartered Institute of Management Accountants. |
| (4) | The matters mentioned in sub-paragraph (3) are— |
| (a) | the law relating to local government finance; |
| (b) | provisions relating to the costing of and accounting for the expenditure of English local authorities; and |
| (c) | the operation of English local authorities. |
| | Terms of appointment and remuneration |
| | 2 (1) The members of the Commission shall hold and vacate office in accordance with the terms of their respective appointments. |
| (2) | The remuneration of the members of the Commission shall be as set out in writing in the terms of their respective appointments. |
| | 3 (1) An appointment of a person to hold office as a member of the Commission shall be for a term not exceeding three years. |
| (2) | A person holding office as a member of the Commission— |
| (a) | may resign that office by giving notice in writing to the Secretary of State, and |
| (b) | may be removed from office by the Secretary of State on the ground of incapacity or misbehaviour. |
| (3) | Before removing a member of the Commission the Secretary of State shall consult the Commission. |
| (4) | No person may hold office as a member of the Commission for more than six years in total. |
| | 4 (1) The Commission may appoint such staff as it may determine. |
| (2) | The Commission may establish committees and any committee of the Commission may establish sub-committees. |
| (3) | The members of a committee of the Commission may include persons who are not members of the Commission (and the members of a sub-committee may include persons who are not members of the committee or of the Commission). |
| | 5 (1) The Commission may regulate its own procedures (including quorum). |
| (2) | The validity of anything done by the Commission is not affected by a vacancy among its members. |
| | 6 (1) The Commission shall undertake or promote studies designed to enable it to prepare reports including, but not limited to, of the following topics— |
| (a) | the actual costs, or the likely future costs, of the operation by English local authorities of any particular statutory provision or provisions; |
| (b) | the actual costs, or the likely future costs, incurred or to be incurred by English local authorities in complying with any directions or guidance given by a Minister of the Crown (whether pursuant to any such provision or otherwise) as to the conduct or management of services; |
| (c) | the costs of the matters described in sub-paragraphs (a) and (b) above compared with any funding granted or proposed to be granted to English local authorities either specifically in relation to those matters or generally; |
| (d) | the evidence available on the scope for further efficiency in the delivery of services provided by English local authorites, and what might be reasonable assumptions about the cost and impact of changes designed to increase efficiency; |
| (e) | the effectiveness of the mechanisms by which funding is made available to, or raised by, English local authorites in enabling them to discharge their functions; and |
| (f) | the basis of distribution of grants to English local authorities payable under Part V of the Local Government (Finance) Act 1988 (c. 41) (grants) or section 31 of the Local Government Act 2003 (c. 26) (power to pay grant). |
| (2) | The Commission may require any Minister of the Crown, or any English local authority, to provide the Commission or a person authorised by it with all such information as the Commission or that person may reasonably require for the discharge of its functions, including the carrying out of any study under sub-paragraph (1). |
| (3) | The Commission shall publish or otherwise make available its report of the results of any study under this paragraph, and shall send a copy of any such report to the Secretary of State and to the Comptroller and Auditor General. |
| (4) | The Secretary of State shall within three months of receiving a report from the Commission present a report to Parliament giving the Government's response to that report. |
| (5) | Where the Comptroller and Auditor General has received a copy of any such report he may, subject to sub-paragraph (6), require the Commission to provide him with any information obtained by it in connection with the preparation of the report, and for that purpose the Commission shall permit any person authorised by him to inspect and make copies of any documents containing such informtion. |
| (6) | No information shall be required by the Comptroller and Auditor General under this section in respect of any particular body. |
| (7) | The Comptroller and Auditor General shall from time to time lay before the House of Commons a report of any matters which, in his opinion, arise out of studies of the Commission or responses by the Government under this paragraph and ought to be drawn to the attention of that House. |
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