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

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Performance of functions

 7      Anything authorised or required to be done by the Commission may be done by—
(a)  any member or member of staff of the Commission who is authorised for that purpose by the Commission, whether generally or specially;
(b)  any committee of the Commission which has been so authorised.
 

Annual report

 8   (1)   As soon as practicable after the end of each financial year the Commission shall publish a report on the discharge of its functions and the management of its affairs during that year.
(2)      The Commission shall lay a copy of each such report before Parliament.
(3)      In sub-paragraph (1), "financial year" means—
(a)  the period beginning with the date on which the Commission is established and ending with the 31st March following that date, and
(b)  each successive period of 12 months ending with 31st March.
 

Financial provisions

 9   (1)   It shall be the duty of the Commission so to manage its affairs that its income from fees and othrwise will, taking one year with another, be not less than its expenditure properly chargeable to its income and expenditure account.
(2)      The Commission may borrow such sums as it may require for the purpose of meeting its obligations and discharging its functions.
(3)      In order to enable it to discharge its functions, the Secretary of State shall pay to the Commission on the date on which the Commission is established and at the start of each succeeding financial year a grant equal to at least 0.02 per cent of his estimate of the total Council tax precepted by English local authorites for the immediately preceding financial year.
(4)      The Commission may undertake work at the request of any English local authority and where so requested shall charge that English local authority a fee sufficient to cover the Commission's costs for that work.
 

Interpretation

 10      In this Schedule "English local authorities" has the meaning given by section 47A of the Audit Commission Act 1998 (c. 18).
 

Consequential provisons

 11   (1)   The following consequential provision apply.
(2)      In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified) insert at the appropriate place—
      "The Independent Commission on Local Government Finance for England".
(3)      In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified) insert at the appropriate place—
      "The Indpendent Commission on Local Government Finance for England"."
 

Schedule 1

 

BARONESS ANDREWS

253Page 172, line 18, leave out from "omit" to end of line 20
254Page 176, line 11, leave out from "for" to end of line 13 and insert "", section 58 of the Local Government Act 1972 or section 17 of the Local Government Act 1992" substitute "or section 58 of the Local Government Act 1972""
254APage 176, leave out lines 22 to 27 and insert—
  "This Act shall have effect as if the amendments of the Local Government Act 1992 made by the Local Government and Public Involvement in Health Act 2007 had not been made.""
 

Schedule 3

 

LORD GREAVES

255Leave out Schedule 3 and insert the following new Schedule—
 

"SCHEDULE 3

 

ALTERNATIVE VOTE SYSTEM: AMENDMENTS

      After Schedule 2 to the Local Government Act 2000 (c. 22) there is inserted—
 

"SCHEDULE 2A

 

ALTERNATIVE VOTE SYSTEM

 1      This Schedule applies in the election for an elected executive where there are three or more proposed executives.
 

Method of voting

 2      Each voter shall have one transferable vote.
 3   (1)   A voter must place the figure 1 against the proposed executive he or she wishes to vote for (the "first preference").
(2)      A voter may indicate the order of his or her preferences for as many other proposed executives as he or she pleases by placing against their respective names the numbers 2, 3, 4 and so on.
 

Procedure for counting

 4   (1)   The returning officer shall examine the papers and shall sort them into parcels according to the first preference recorded for each proposed executive, rejecting any that are invalid and he shall count the papers in each such parcel and shall credit each proposed executive with a number of votes equal to the number of valid papers on which a first preference has been recorded for that candidate.
(2)      If the vote for any one proposed executive equals or exceeds the votes of all other candidates combined, that candidate shall be declared elected.
(3)      If no candidate has been declared elected, the returning officer shall exclude together the two or more proposed executives with the least votes if the total vote of such two or more proposed executives does not exceed the vote of the proposed executives next above, otherwise he shall exclude the proposed executives having the fewest votes.
(4)      The papers of the excluded proposed executives shall be transferred to whichever of the continuing proposed executives is marked by that voter as the next available preference, and the votes thus transferred shall be added to the first preference votes of those proposed executives.
(5)      Any paper on which no further preference is marked, or where there is uncertainty as the voter's intention, shall be set aside as non-transferable and the total of such papers shall be recorded.
(6)      When the vote for any one proposed executive equals or exceeds the votes of all other proposed executives combined, that proposed executive shall be declared elected at that stage.
(7)      If when a proposed executive has to be excluded, two or more proposed executives have each the same number of votes and are lowest on the poll, the proposed executives with the lowest number of votes at the earliest stage in the count at which the proposed executives in question had an unequal number of votes shall be excluded.
(8)      If two or more proposed executives are still equal and lowest, the returning officer is to decide by lot which of them is to be excluded at that stage.
(9)      "Next available preference" means a second or subsequent preference recorded in consecutive numerical order for a proposed executive who has not yet been excluded, passing over earlier preferences for proposed executives already excluded."."
 

Schedule 4

 

BARONESS ANDREWS

255APage 178, line 15, at end insert—
 

"Local Government Act 1972 (c. 70)

 1      The Local Government Act 1972 is amended as follows.
 2   (1)   Section 3 (chairman) is amended as follows.
(2)      For subsection (4A) substitute—
"(4A)      In relation to a district council which are operating relevant executive arrangements, subsection (4) shall have effect as if it provided for the senior executive member to have precedence in the district; but this subsection shall not apply if the relevant executive arrangements provide for it not to apply.
(4B)      In subsection (4A)—
  "relevant executive arrangements" means arrangements which involve—
(a)  a mayor and cabinet executive, or
(b)  an elected executive;
  "senior executive member" means—
(a)  in the case of a mayor and cabinet executive: the elected mayor;
(b)  in the case of an elected executive: the elected leader."
 3   (1)   Section 70 (restriction on promotion of Bills) is amended as follows.
(2)      In subsection (3) after "elected mayor" insert "or elected executive".
 4   (1)   Section 79 (qualifications for election and holding office) is amended as follows.
(2)      In subsection (1) after "elected mayor" insert "or a member of an elected executive".
 5   (1)   Section 80 (disqualification for election and holding office) is amended as follows.
(2)      In subsection (1) after "elected mayor" insert "or a member of an elected executive".
 6   (1)   Section 82 (validity of acts done by unqualified persons) is amended as follows.
(2)      In subsection (1) after "executive leader" insert "or as a member of an elected executive".
 7   (1)   Section 83 (declaration of acceptance of office) is amended as follows.
(2)      In subsection (1) for "or elected mayor" substitute ", elected mayor or member of the elected executive".
 8   (1)   Section 84 (resignation) is amended as follows.
(2)      In subsection (1) after "elected mayor" insert "or as a member of an elected executive".
 9   (1)   Section 85 (vacation of office by failure to attend meetings) is amended as follows.
(2)      In subsection (2B)(b) after "mayor and cabinet executive" insert "or elected executive".
 10   (1)   Section 270 (general provisions as to interpretation) is amended as follows
(2)      In subsection (1) for the definition of "leader and cabinet executive" substitute—
 ""leader and cabinet executive" means—
(a)  in relation to England: a leader and cabinet executive (England);
(b)  in relation to Wales: a leader and cabinet executive (Wales);".
(3)      In subsection (1) insert the following definitions at the appropriate places—
 ""elected executive" has the same meaning as in Part 2 of the Local Government Act 2000;"
 ""elected leader" has the same meaning as in Part 2 of the Local Government Act 2000;"
 ""leader and cabinet executive (England) has the same meaning as in Part 2 of the Local Government Act 2000;"
 ""leader and cabinet executive (Wales) has the same meaning as in Part 2 of the Local Government Act 2000;".
 11   (1)   Schedule 2 (constitution and membership of London borough councils) is amended as follows.
(2)      In paragraph 5B (constitution of council operating mayoral executive) omit "or a mayor and council manager executive".
 12   (1)   Schedule 12 (meetings and proceedings of local authorities) is amended as follows.
(2)      In paragraph 5(5) (who presides over meeting of council operating mayoral executive) omit "or a mayor and council manager executive".
 

Local Government Act 1974 (c. 7)

 13      The Local Government Act 1974 is amended as follows.
 14   (1)   Section 30 (reports on investigation) is amended as follows.
(2)      In subsection (2AB) omit "or mayor and council manager executive".
 15   (1)   Section 34 (Interpretation of Part 3) is amended as follows.
(2)      In the definition of "mayor and cabinet executive" and "mayor and council manager executive" for "and "mayor and council manager executive" have" substitute "has".
 

Local Government Act 1985 (c. 51)

 16      The Local Government Act 1985 is amended as follows.
 17   (1)   Section 35 (disqualification) is amended as follows.
(2)      In subsection (4) for ""executive leader" and "leader and cabinet executive"" substitute "and executive leader".
(3)      After subsection (4) insert—
"(5)      In this section "leader and cabinet executive" means—
(a)  in relation to England: a leader and cabinet executive (England);
(b)  in relation to Wales: a leader and cabinet executive (Wales);
      and for this purpose "leader and cabinet executive (England)" and "leader and cabinet executive (Wales)" have the same meanings as in Part 2 of the Local Government Act 2000."

 
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©Parliamentary copyright 2007
24 July 2007