Local Government and Public Involvement in Health Bill
AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Sixth Marshalled List]
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 236ZA* | Page 124, line 23, at end insert "and are the principles which should apply when he is fulfilling his role as a member or co opted member of the council, but not in his private capacity" |
| 237ZZA* | Page 124, line 27, at end insert "and are the principles which should apply when he is fulfilling his role as a member or co opted member of the council, but not in his private capacity" |
| 238ZZA* | Page 124, line 32, at end insert "and are the principles which should apply when he is fulfilling his role as a member or co opted member of the council, but not in his private capacity" |
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 238ZS* | Page 143, line 37, at end insert "and provided that the waste disposal authority for the area specified is consulted and may be invited to participate as one of the local authorities making such proposal" |
| 238ZT* | Page 143, line 40, at end insert "and provided that the waste disposal authority for the area specified is consulted and may be invited to participate as one of the local authorities making such proposals" |
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 238ZU* | Insert the following new Clause— |
| | "Powers of joint waste authorities |
| (1) | Subject to section (Directions to waste collection authorities) a joint waste authority shall assume all of the powers, rights and responsibilities of the constituent waste authorities. |
| (2) | Notwithstanding the generality of subsection (1), a joint waste authority shall have the power to— |
| (a) | enter into contractual arrangements on its own behalf; |
| (b) | raise private finance; and |
| (c) | formulate and publish its own waste strategy provided that such waste strategy shall be consistent with the terms of any joint municipal waste management strategy prepared pursuant to the provisions of section 32 of the Waste and Emissions Trading Act 2003 (c. 33) (joint municipal waste management strategies: England) for the specified area." |
| 238ZV* | Insert the following new Clause— |
| | "Directions to waste collection authorities |
| | The waste disposal authority shall retain the ability to give directions to a waste collection authority regarding the separation of waste under section 31 of the Waste and Emissions Trading Act 2003 (c. 33) (directions to waste collection authorities in England)." |
| 238KC* | Page 154, line 30, after "on" insert "effectively" |
| 238KD* | Page 154, line 32, leave out "people" and insert "members of the local involvement network" |
| 238KE* | Page 154, line 34, leave out "people" and insert "members of the local involvement network" |
| 238KF* | Page 154, line 35, at end insert "for the purpose of securing and maintaining improvements to those services." |
| 238KG* | Page 154, line 36, leave out "obtaining" and insert "supporting members of local involvement networks to obtain" |
| 238LA* | Page 155, line 4, after "consult" insert "members of Patients' Forums and" |
| 238LB* | Page 155, line 4, leave out "such" and insert "such other" |
| 238LC* | Page 155, line 4, at end insert— |
| "(4A) | The Secretary of State shall make payments to each local authority that are in the opinion of the Secretary of State sufficient to cover the costs incurred by that local authority in making contractual arrangements specified under subsection (1). |
| (4B) | Nothing in this section shall prevent a local authority making contractual arrangements under subsection (1) so as to ensure that the activities specified in subsection (2) are carried on to a greater extent than would be the case if the arrangements were to cost no more than the payments made available under subsection (4A)." |
| 238QA* | Page 155, line 34, at end insert— |
| "( ) | The arrangements must provide that a local involvement network is provided with the staff, premises and resources that are necessary in the opinion of A for the local involvement network to carry on in A's area activities specified in section 222(2)." |
| 238UA* | Page 156, line 4, at end insert— |
| "(d) | to demonstrate that, where relevant, it has acted to improve services in response to reports and recommendations made to the services-provider by a local involvement network" |
| 238VA* | Page 156, line 10, at end insert— |
| "(f) | any person who provides care services within a local authority's area, or in any place to which care services have been commissioned from that area" |
| 238VB* | Page 156, line 18, after "consult" insert "members of Patients' Forums and" |
| 238VC* | Page 156, line 18, leave out "such" and insert "such other" |
| 238VD* | Page 156, line 22, leave out "view" and insert "inspect" |
| 238VE* | Page 156, line 23, at end insert "for the purpose of monitoring the quality and effectiveness of services provided from those premises" |
| 238XA* | Page 156, line 42, leave out "or observation" and insert "observation or monitoring" |
| 238ZA* | Page 157, line 15, at end insert— |
| "(f) | any person who provides care services within a local authority's area, or in any place to which care services have been commissioned from that area" |
| 238AB* | Page 158, line 41, leave out "person preparing it" and insert "members of the local involvement network" |
| 239ZA* | Page 158, line 42, leave out "considers" and insert "consider" |
| 242ZA* | Page 162, line 35, after "services" insert "and members of the public" |
| 242HA* | Page 163, line 42, at end insert— |
| "( ) | Each Strategic Health Authority must, at such times as the Secretary of State may direct, prepare a report— |
| (a) | on the consultation it has carried out, or proposes to carry out, on— |
| (i) | the planning of the provision of health services in the area for which it is responsible; |
| (ii) | the development and consideration of proposals for changes in the way those services are provided; and |
| (iii) | decisions to be made affecting the operation of those services, |
| (b) | on the influence that the result of such consultation has on the outcomes of the planning, proposals or decisions concerned." |
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 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. |
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 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-paragrapbs (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 information. |
| (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. |
| | 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. |
| | 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) above, "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. |
| | 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. |
| | 10 In this Schedule "English local authorities" has the meaning given by Section 47A of the Audit Commission Act 1998 (c. 18). |
| | 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". |
| | BARONESS HANHAM
LORD HANNINGFIELD |
| 279CA* | Page 222, line 44, at end insert— |
| (2) | In paragraph 2 (disqualification), after sub-paragraph (1)(a) insert— |
| "(aa) | other than the President, he is a member of the Tribunal;"." |
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