Local Government and Public Involvement in Health Bill
REVISED
THIRD
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.
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 191 | Page 82, line 40, after "representations" insert "(which may be in writing or oral)" |
| 192 | Page 83, line 8, at end insert "including functions discharged under the authority's local strategic partnership," |
| | BARONESS HANHAM
LORD DIXON-SMITH |
| 192ZA | Page 83, line 8, at end insert "and" |
| 192A | Page 83, leave out lines 9 and 10 |
| 192B | Page 83, line 10, leave out "and" |
| 192C | Page 83, leave out line 11 |
| 192D | Page 83, leave out lines 12 to 17 |
| | BARONESS HANHAM
LORD DIXON-SMITH |
| 192E | Insert 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"." |
| | BARONESS HANHAM
LORD DIXON-SMITH |
| 192F | Page 83, line 36, after "authorities" insert "or registered social landlords" |
| 192G | Page 83, line 39, after "authority" insert "or registered social landlords" |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 193 | Page 83, line 39, at end insert— |
| "( ) | as to attendance before the relevant committee by representatives of relevant partner authorities." |
| 194 | Page 83, line 39, at end insert— |
| "( ) | 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 |
| 195 | Page 85, line 31, leave out from beginning to "to" in line 32 |
| | BARONESS HANHAM
LORD DIXON-SMITH |
| 195ZA | Page 86, line 20, after "authority" insert "or registered social landlord" |
| 195ZC | Page 86, line 23, after "authority" insert "or registered social landlord" |
| 195ZD | Page 86, line 27, after "authority" insert "or registered social landlord" |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 195ZE | Page 89, line 19, leave out from beginning to "a" |
| 195ZF | Page 89, line 47, leave out subsections (5) to (7) |
| 195ZG | Page 90, line 47, leave out "or by virtue of regulations under" |
| 195ZH | Page 90, line 48, at end insert— |
| "( ) | The provisions of inserted sections 21A(1) (with the exception of subsection (1)(c)), 21A(2), 21B, 21C and 21D of the Local Government Act 2000 (c. 22) apply to a joint overview and scrutiny committee as if that committee was an overview and scrutiny committee of the county council in the group of partner authorities." |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 195ZJ | Page 91, leave out line 9 |
| 195ZK | Page 91, leave out lines 17 to 19 |
| 195ZL | Page 91, line 34, 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)."" |
| | BARONESS HANHAM
LORD DIXON-SMITH |
| 195A | Page 94, line 12, at end insert— |
| "( ) | Section 236 (procedure for byelaws) is amended as follows— |
| (a) | in subsections (3) and (3A) omit "by the confirming authority"; |
| (i) | for "application for" substitute "the proposed", and |
| (ii) | for the words "apply for confirmation" substitute "confirm"; |
| (c) | in subsection (5) for "application for" substitute "the proposed"; |
| (i) | for "the confirming authority" substitute "the authority by whom the byelaws are made", |
| (ii) | for "submitted" substitute "made", and |
| (iii) | omit "for confirmation"; |
| (e) | omit subsection (11)." |
| | BARONESS HANHAM
LORD DIXON-SMITH |
| 195C | Insert the following new Clause— |
| | "Alternative procedure for byelaws (consequential amendments) |
| (1) | The Public Health Act 1961 (c. 64) is amended as follows. |
| (2) | In section 75 (byelaws as to pleasure fairs and roller skating rinks) omit subsection (8). |
| (3) | In section 76 (byelaws as to seaside pleasure boats) omit subsection (2). |
| (4) | In section 77 (byelaws as to hairdressers and barbers) omit subsection (3)." |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 196 | Page 130, line 21, leave out subsections (1) to (3) |
| 197 | Page 130, leave out lines 23 to 25 and insert— |
| ""(2A) | An order under subsection (1) must provide as respects each specified principle— |
| (a) | that it applies to a person only when acting in an official capacity; or |
| (b) | that it applies to a person only when not acting in an official capacity; |
| | but the order may provide as mentioned in paragraph (b) only as respects a principle within subsection (2B). |
| 12 | (2B) A principle is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence. |
| 13 | (2C) An order under subsection (1) may define, for the purposes of the order— |
| (2D) | An order under subsection (2)— |
| (a) | may specify principles which are to apply to a person at all times; |
| (b) | may specify principles which are to apply to a person otherwise than at all times."" |
| | BARONESS HANHAM
LORD DIXON-SMITH
[Amendments 197A and 197B are amendments to amendment 197] |
| 197A | Line 12, leave out "would constitute a criminal offence" and insert "has resulted in a criminal conviction which is directy relevant to the performance of the official functions of the member or co-opted member" |
| 197B | Leave out lines 13 to 16 |
| | BARONESS HANHAM
LORD DIXON-SMITH |
| 197BA | Page 130, leave out lines 23 to 25 and insert— |
| ""(2A) | The principles which shall be specified under subsections (1) and (2) include the principle that the conduct of a member or co-opted member in their private capacity is not covered by the provision of this Part of this Act except where it has resulted in a criminal conviction which is directly relevant to the performance of the official functions of the member or co-opted member."" |
| 197C | Page 130, line 23, leave out "may" and insert "shall" |
| 197D | Page 130, line 24, leave out from "include" to end of line 24 and insert "the principle that the conduct of a member or co-opted member in their private capacity is not covered by this Part of this Act except where it has resulted in a criminal conviction which is directly relevant to the performance of the official functions of the" |
| 197E | Page 130, line 25, 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" |
| 198 | Page 130, leave out lines 27 to 29 and insert— |
| ""(4A) | A model code of conduct issued under subsection (1) must provide, as respects each provision of the code which relates to the conduct expected of the persons mentioned in that subsection— |
| (a) | that the provision applies to a person only when acting in an official capacity; or |
| (b) | that it applies to a person only when not acting in an official capacity; |
| | but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B). |
| 13 | (4B) A provision is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence. |
| 14 | (4C) A model code of conduct issued under subsection (1) may define for the purposes of the code— |
| (4D) | Provision included under subsection (4A) or (4C) in a model code of conduct— |
| (a) | must be consistent with the provision for the time being included in an order under section 49(1) by virtue of section 49(2A) or (2C); |
| (b) | is to be mandatory except to the extent that it relates to an optional provision; |
| (c) | to the extent that it relates to an optional provision, is to be mandatory where that optional provision is incorporated in a code of conduct under section 51. |
| (4E) | A model code of conduct issued under subsection (2) may include— |
| (a) | provisions which are to apply to a person at all times; |
| (b) | provisions which are to apply to a person otherwise than at all times."" |
| | BARONESS HANHAM
LORD DIXON-SMITH
[Amendments 198A and 198B are amendments to amendment 198] |
| 198A | Line 13, leave out "would constitute a criminal offence" and insert "has resulted in a criminal conviction which is directy relevant to the performance of the official functions of the member or co-opted member" |
| 198B | Leave out lines 14 to 17 |
| | BARONESS HANHAM
LORD DIXON-SMITH |
| 198C | Page 130, line 27, leave out "may" and insert "shall" |
| 198D | Page 130, line 28, leave out from "apply" to end and insert "to the conduct of a member or co-opted member in their private capacity where that conduct has resulted in a criminal conviction which is directly relevant to the performance of the official functions of the" |
| 198E | Page 130, line 29, 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" |
| 199 | Page 130, leave out lines 32 to 34 and insert— |
| ""(4A) | Where under subsection (4)(c) a provision relating to the conduct expected of persons is included in the code of a relevant authority in England or police authority in Wales, the code must provide— |
| (a) | that the provision applies to a person only when acting in an official capacity (within the meaning given by the code); or |
| (b) | that it applies to a person only when not acting in an official capacity (within that meaning); |
| | but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B). |
| 13 | (4B) A provision of a code is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence within the meaning of the code. |
| 15 | (4C) The provisions which may be included under subsection (4)(c) by a relevant authority in Wales other than a police authority include— |
| (a) | provisions which are to apply to a person at all times; |
| 19 | (b) provisions which are to apply to a person otherwise than at all times."" |
| | BARONESS HANHAM
LORD DIXON-SMITH
[Amendments 199A and 199B are amendments to amendment 199] |
| 199A | Line 13, leave out "would constitute a criminal offence" and insert "has resulted in a criminal conviction which is directly relevant to the performance of the official functions of the member or co-opted member" |
| 199B | Leave out lines 15 to 19 |
| | BARONESS HANHAM
LORD DIXON-SMITH |
| 199C | Page 130, line 32, leave out "may" and insert "shall" |
| 199D | Page 130, line 33, leave out from "apply" to "member" and insert "to the conduct of a member or co-opted member in their private capacity where that conduct has resulted in a criminal conviction which is directly relevant to the performance of the official functions of the" |
| 199DA | Page 130, line 34, 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" |
| 199E | Page 130, line 35, leave out subsection (4) |
| 200 | Page 131, line 13, leave out "49 or 50" and insert "49(2) or 50(2)" |
| 201 | Page 131, line 15, at end insert "in Wales other than a police authority" |
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