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Local Government and Public Involvement in Health Bill


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Instruction of 2nd July 2007, as follows—

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 53

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

66Page 27, line 1, after "exercised" insert "with the consent of the parish concerned"
67Leave out Clause 53
 

Clause 54

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

68Page 27, line 16, leave out subsection (3)
 

BARONESS ANDREWS

69Page 27, line 27, leave out "(1)(a)" and insert "(1)"
 

Clause 56

 

LORD GREAVES

70Leave out Clause 56
 

Clause 59

 

BARONESS ANDREWS

71Page 31, line 21, at end insert—
"(1A)  A local authority must comply with subsections (1B) to (3) in passing a resolution to change the name of an electoral area.
(1B)  The local authority must not pass the resolution unless it has taken reasonable steps to consult such persons as it considers appropriate on the proposed name."
72Page 31, line 22, leave out from beginning to "at" and insert—
"(2)  The resolution must be passed—
(a)   "
73Page 31, line 24, at end insert ", and
(b)  by a majority of at least two thirds of the members voting on it."
74Page 31, line 25, leave out "an" and insert "the"
75Page 31, line 25, leave out "a resolution to change the name" and insert "the resolution"
76Page 32, line 2, at end insert—
"(   )  In subsection (2) the reference to the members of the council includes—
(a)  in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council;
(b)  in a case where the council are operating an elected executive, the members of the elected executive of the council."
 

Clause 62

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

77Page 34, line 23, leave out subsections (2) and (3)
 

LORD GREAVES

78*Page 34, line 36, leave out "by the executive leader" and insert "according to rules set out in the constitution of the council"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

79Page 34, line 36, at end insert "or by the authority"
80Page 35, line 13, leave out subsection (7)
 

After Clause 62

 

LORD HANNINGFIELD

81Insert the following new Clause—
  "Executive arrangements: move to alternative arrangements
(1)  The Local Government Act 2000 (c. 22) is amended as follows.
(2)  For section 33(5) (operation of alternative arrangements) substitute—
    "(5)  An authority which is operating executive arrangements may adopt alternative or additional arrangements.""
 

Clause 63

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

82Page 36, leave out line 16
 

LORD GREAVES

83Leave out Clause 63
 

Clause 64

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

84Page 36, line 22, at end insert—
"(   )  Section 31 of the Local Government Act 2000 (c. 22) (access to information etc.) is amended as follows.
(   )  Leave out subsections (1) to (3) and insert—
"(   )  This section applies to every local authority.""
 

BARONESS HANHAM
LORD DIXON-SMITH

85Page 36, line 24, at end insert—
      "33ZA
    (1)  Any local authority in England may submit a scheme of internal governance appropriate to its circumstances.
    (2)  Where no recognised group has overall control, it shall be competent for the council to implement other arrangements as it may determine.
    (3)  A scheme submitted under subsection (1) shall be implemented following endorsement by a simple majority of the council."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

86Page 36, line 36, at end insert—
    "(   )  A local authority in England which is operating executive arrangements may—
    (a)  cease to operate executive arrangements, and
    (b)  start to operate alternative arrangements."
 

BARONESS ANDREWS
BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

87Page 37, leave out lines 5 to 7
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

88Page 37, line 20, at end insert ", or
    (   )  section 33D (move to alternative arrangements)"
 

LORD GREAVES

89Page 37, line 21, after "proposals" insert—
"(a)"
90Page 37, line 22, at end insert "and
    (b)  where the proposals are for an elected mayor and executive, shall be subject to a referendum which shall be conducted under the provisions of sections 27 and 45 of the Local Government Act 2000."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE  

91Page 38, line 10, at end insert ", or
    (   )  section 33D (variation of arrangements)"
92Page 38, line 23, after "executive" insert "or a mayor and council manager"
93Page 38, line 23, at end insert—
"(   )  alternative arrangements: the first elections of members;"
94Page 38, line 43, leave out "the end of the permitted resolution period in" and insert "an appropriate period of time during"
95Page 39, line 4, leave out "during a permitted resolution period"
 

BARONESS ANDREWS

96Page 40, line 8, after "meeting" insert "which is"
97Page 40, line 9, at end insert "of deciding the resolution with notice of the object"
98Page 41, line 1, at end insert "regulations under"
99Page 41, line 5, after "meeting" insert "which is"
100Page 41, line 5, at end insert "of deciding the resolution with notice of the object"
101Page 41, line 6, at end insert—
    "(   )  In subsection (6) the reference to the members of the council includes—
    (a)  in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council;
    (b)  in a case where the council are operating an elected executive, the members of the elected executive of the council."
 

BARONESS HANHAM
LORD DIXON-SMITH

102Page 41, leave out lines 17 to 22
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

103Page 41, leave out lines 23 to 33
 

BARONESS HANHAM
LORD DIXON-SMITH

104Page 41, line 23, leave out "or elected"
105Page 41, line 27, leave out from "executive" to end of line 28
106Page 41, line 31, leave out from "mayor" to end of line 32
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

107Page 41, line 42, at end insert—
"(   )  a mayor and council manager;"
 

BARONESS HANHAM
LORD DIXON-SMITH

108Page 42, leave out line 1
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

109Page 42, leave out lines 3 to 35
 

BARONESS ANDREWS

110Page 42, line 16, leave out "1 October" and insert "the day after that council's annual meeting"
111Page 42, line 21, leave out "1 October" and insert "the day after that council's annual meeting"
112Page 42, line 26, leave out "1 October" and insert "the day after that council's annual meeting"
113Page 42, line 31, leave out "1 October" and insert "the day after that council's annual meeting"
 

Clause 65

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

114Page 42, line 40, after "executive" insert "(whether or not another form of executive arrangements is then in operation)"
115Page 43, line 6, at end insert—
"(   )  In section 35(1) of the Local Government Act 2000 (c. 22) (referendum following direction) omit the words "which takes such form permitted by or under section 11 as may be specified in the direction"."
116Page 43, line 8, at end insert—
"(   )  In section 36(1) of the Local Government Act 2000 (c. 22) (referendum following order) omit the words "which takes such form permitted by or under section 11 as may be specified in the direction"."
 

Clause 66

 

BARONESS ANDREWS

117Page 43, line 14, at end insert—
"(   )  For subsection (5) substitute—
    "(5A)  A reference in any enactment (whenever passed or made) to—
    (a)  a member of a local authority, or
    (b)  a councillor of a local authority,
      does not include a reference to an elected mayor of the authority.
    (5B)  But subsection (5A) is subject to—
    (a)  regulations made by the Secretary of State under this paragraph which provide that an elected mayor is to be treated as member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and
    (b)  any other contrary intention that appears in any enactment (whenever passed or made).
    (5C)  Sections 2(2A) and 21(1A) of, and paragraph 5C(1) of Schedule 2 to, the Local Government Act 1972 are not to be taken to indicate any contrary intention for the purposes of subsection (5B)(b).""
     

    Clause 67

 

BARONESS ANDREWS

118Page 43, leave out lines 30 to 33 and insert—
    "(2)  A reference in any enactment (whenever passed or made) to—
    (a)  a member of a local authority, or
    (b)  a councillor of a local authority,
      does not include a reference to a member of an elected executive of the authority.
    (2A)  But subsection (2) is subject to—
    (a)  regulations made by the Secretary of State under this paragraph which provide that a member of an elected executive is to be treated as member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and
    (b)  any other contrary intention that appears in any enactment (whenever passed or made).
    (2B)  Section 2(2C) of, and paragraph 5AA(2) of Schedule 2 to, the Local Government Act 1972 are not to be taken to indicate any contrary intention for the purposes of subsection (2A)(b).""
 

BARONESS HANHAM
LORD DIXON-SMITH
BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

119Leave out Clause 67

 
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©Parliamentary copyright 2007
9 October 2007