Local Government and Public Involvement in Health Bill
REVISED
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.
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 66 | Page 27, line 1, after "exercised" insert "with the consent of the parish concerned" |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 68 | Page 27, line 16, leave out subsection (3) |
| 69 | Page 27, line 27, leave out "(1)(a)" and insert "(1)" |
| 71 | Page 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." |
| 72 | Page 31, line 22, leave out from beginning to "at" and insert— |
| "(2) | The resolution must be passed— |
| 73 | Page 31, line 24, at end insert ", and |
| (b) | by a majority of at least two thirds of the members voting on it." |
| 74 | Page 31, line 25, leave out "an" and insert "the" |
| 75 | Page 31, line 25, leave out "a resolution to change the name" and insert "the resolution" |
| 76 | Page 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." |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 77 | Page 34, line 23, leave out subsections (2) and (3) |
| 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 |
| 79 | Page 34, line 36, at end insert "or by the authority" |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE
BARONESS HANHAM |
| 79A* | Page 35, line 7, leave out subsection (6) |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 80 | Page 35, line 13, leave out subsection (7) |
| 81 | Insert 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."" |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 82 | Page 36, leave out line 16 |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 84 | Page 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 |
| 85 | Page 36, line 24, at end insert— |
| | "33ZA Changing governance arrangements
| (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 |
| 86 | Page 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 |
| 87 | Page 37, leave out lines 5 to 7 |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 88 | Page 37, line 20, at end insert ", or |
| ( ) | section 33D (move to alternative arrangements)" |
| 89 | Page 37, line 21, after "proposals" insert— |
| 90 | Page 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 | |
| 91 | Page 38, line 10, at end insert ", or |
| ( ) | section 33D (variation of arrangements)" |
| 92 | Page 38, line 23, after "executive" insert "or a mayor and council manager" |
| 93 | Page 38, line 23, at end insert— |
| "( ) | alternative arrangements: the first elections of members;" |
| 94 | Page 38, line 43, leave out "the end of the permitted resolution period in" and insert "an appropriate period of time during" |
| 95 | Page 39, line 4, leave out "during a permitted resolution period" |
| 96 | Page 40, line 8, after "meeting" insert "which is" |
| 97 | Page 40, line 9, at end insert "of deciding the resolution with notice of the object" |
| 98 | Page 41, line 1, at end insert "regulations under" |
| 99 | Page 41, line 5, after "meeting" insert "which is" |
| 100 | Page 41, line 5, at end insert "of deciding the resolution with notice of the object" |
| 101 | Page 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 |
| 102 | Page 41, leave out lines 17 to 22 |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 103 | Page 41, leave out lines 23 to 33 |
| | BARONESS HANHAM
LORD DIXON-SMITH |
| 104 | Page 41, line 23, leave out "or elected" |
| 105 | Page 41, line 27, leave out from "executive" to end of line 28 |
| 106 | Page 41, line 31, leave out from "mayor" to end of line 32 |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 107 | Page 41, line 42, at end insert— |
| "( ) | a mayor and council manager;" |
| | BARONESS HANHAM
LORD DIXON-SMITH |
| 108 | Page 42, leave out line 1 |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 109 | Page 42, leave out lines 3 to 35 |
| 110 | Page 42, line 16, leave out "1 October" and insert "the day after that council's annual meeting" |
| 111 | Page 42, line 21, leave out "1 October" and insert "the day after that council's annual meeting" |
| 112 | Page 42, line 26, leave out "1 October" and insert "the day after that council's annual meeting" |
| 113 | Page 42, line 31, leave out "1 October" and insert "the day after that council's annual meeting" |
| | BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
| 114 | Page 42, line 40, after "executive" insert "(whether or not another form of executive arrangements is then in operation)" |
| 115 | Page 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"." |
| 116 | Page 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"." |
| 117 | Page 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)."" |
| 118 | Page 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 |
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