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

House of Lords

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After Clause 67

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

120Insert the following new Clause—
  "Membership of mayor and cabinet executive
(1)  The Local Government Act 2000 (c. 22) is amended as follows.
(2)  In section 11(8) and (9) for "10" each time it appears substitute "15 or a number equal to 25 per cent of the total membership (including the elected executive if any) of the local authority, whichever is the smaller"."
 

Clause 68

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

121Page 45, line 24, at end insert "subject to removal from office by the elected leader"
122Page 45, line 24, at end insert—
"(   )  In the event the elected leader dismisses a member of an elected executive or fails or refuses to give that member executive responsibility, the member shall have no claim for compensation against either the elected leader or the local authority."
 

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

123Leave out Clause 68
 

Clause 69

 

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

124Leave out Clause 69
 

Clause 70

 

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

125Leave out Clause 70
 

Clause 71

 

LORD GREAVES

126Page 46, line 34, leave out from beginning to end of line 3 on page 47 and insert—
"(1)  If there are two proposed executives, each person entitled to vote as an elector shall have one vote and the elected executive is to be returned under the simple majority system.
(2)  If there are three or more proposed executives, voting shall be by means of preferential voting in which electors may list the proposed executives in order of preference under the alternative vote system.
(3)  Regulations governing the election of an executive held under the alternative vote shall be made by the Secretary of State after consultation with the Electoral Commission, and may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament."
 

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

127Leave out Clause 71
 

Clause 72

 

LORD GREAVES

128Page 48, line 12, at end insert—
  "44BA Executive leader: no majority political group
  An authority may include in its constitution a provision that in the circumstances in which no single political group has a majority of members on the council, the provisions in sections 44A and 44B are amended to the extent that the executive leader shall be elected at the annual meeting of the council and (subject to section 44C) hold office until the following annual meeting."
129Page 48, line 15, leave out "may" and insert "shall"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

130Page 48, line 17, after "leader," insert "or if the executive leader resigns,"
 

LORD GREAVES

131Page 48, line 20, at end insert—
"(3)  A new executive leader elected under subsection (2) shall hold office for the remainder of the term of office of the executive leader whom he replaced, except that section 44D or 44E shall operate as they apply to the new executive leader."
132[Withdrawn]
 

Clause 76

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

133Leave out Clause 76
 

Clause 77

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

134Leave out Clause 77
 

Clause 78

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

135Leave out Clause 78
 

Clause 80

 

BARONESS HANHAM
LORD DIXON-SMITH

136Page 53, line 23, leave out sub-paragraph (ii)
 

BARONESS ANDREWS

137Leave out Clause 80
 

Clause 81

 

BARONESS ANDREWS

138Page 55, line 2, at end insert—
"11BDe-grouping: alternative styles
(1)  This section applies if—
(a)  the parishes in a group of parishes have an alternative style, and
(b)  an order under section 11(4) dissolves the group or separates one or more parishes from the group.
(2)  The order under section 11(4) must provide for each de-grouped parish to continue to have the alternative style.
(3)  In subsection (2) "de-grouped parish" means—
(a)  in the case of dissolution of the group, each parish in the group;
(b)  in the case of separation of one or more parishes from the group, each parish that is separated.""
139Page 55, line 25, at end insert—
"12BGroups of parishes: alternative styles
(1)  This section applies to a group of parishes.
(2)  The common parish council of the group may resolve that each of the grouped parishes shall have the same alternative style.
(3)  If each of the grouped parishes has an alternative style, the common parish council of the group may resolve that each of the grouped parishes shall cease to have that style.
(4)  A single resolution may provide for each of the grouped parishes—
(a)  to cease to have an alternative style, and
(b)  to have the same one of the other alternative styles instead.
(5)  If the common parish council passes a resolution under this section for each of the grouped parishes to have an alternative style, the group of parishes shall have the appropriate one of the following styles—
(a)  "group of communities";
(b)  "group of neighbourhoods";
(c)  "group of villages".
(6)  As soon as practicable after passing a resolution under this section, the common parish council of a group must give notice of the change of style to all of the following—
(a)  the Secretary of State;
(b)  the Electoral Commission;
(c)  the Office of National Statistics;
(d)  the Director General of the Ordnance Survey;
(e)  any district council, county council or London borough council within whose area the group lies.""
140Page 56, line 10, at end insert—
"(2D)  If parishes are grouped under a common parish council—
(a)  subsection (2), (2A), (2B) or (2C) (as appropriate) applies to that council as the subsection would apply in the case of the council of an individual parish; but
(b)  the names of all of the parishes, communities, neighbourhoods or villages in the group are to be included in the name of the common council.""
141Page 56, line 24, at end insert—
"(14)  If parishes which have an alternative style are grouped under a common parish council, subsection (11), (12) or (13) (as appropriate) applies to the chairman and vice-chairman of that council as the subsection would apply in the case of the council of an individual parish.""
142Page 56, line 31, at end insert—
"(9)  If parishes which have an alternative style are grouped under a common parish council, subsection (6), (7) or (8) (as appropriate) applies to the councillors of that council as the subsection would apply in the case of the council of an individual parish.""
143Page 56, line 43, at end insert "or 12B"
144Page 57, line 3, after "12A" insert "or 12B"
145Page 57, line 4, after "12A" insert "or 12B"
 

Clause 82

 

LORD GREAVES

145APage 57, line 23, at end insert—
"(   )  The appointment of a person as an appointed councillor shall be made by a resolution of the council and a resolution of confirmation by the annual parish meeting.
(   )  The term of office of an appointed councillor shall be for one year and will be renewable up to a maximum of four annual terms."
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

146Leave out Clause 82
 

Clause 83

 

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

147Page 58, line 8, leave out "an eligible" and insert "a"
148Page 58, line 9, leave out subsection (4)
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

149Page 58, line 16, leave out "an eligible" and insert "a"
 

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

150Page 58, line 21, leave out "an eligible" and insert "a"
 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

151Page 58, line 22, leave out "an eligible" and insert "a"
 

Clause 86

 

BARONESS ANDREWS

152Page 59, line 16, leave out "area to which the petition relates" and insert "petition area"
153Page 59, line 19, leave out "area to which the petition relates" and insert "petition area"
154Page 59, line 22, leave out "area to which the petition relates" and insert "petition area"
 

Clause 89

 

BARONESS ANDREWS

155Page 60, line 21, leave out paragraphs (a) and (b) and insert—
"(a)  a principal council is not in the course of undertaking a community governance review;
(b)  the council receives a community governance petition which relates to the whole or part of the council's area."
 

Clause 90

 

BARONESS ANDREWS

156Page 60, line 35, leave out paragraphs (a) to (c) and insert—
"(a)  a principal council is in the course of undertaking a community governance review of part of the council's area ("the current review");
(b)  the council receives a community governance petition which relates to part of the council's area;
(c)  the petition area is wholly outside the area under review."
 

Clause 91

 

BARONESS ANDREWS

157Page 61, line 40, leave out subsection (4) and insert—
"(4)  The third case is where these conditions are met—
(a)  a principal council is in the course of undertaking a community governance review of part of the council's area;
(b)  the council receives a community governance petition which relates to part of the council's area;
(c)  the petition area is not wholly outside the area under review.
(5)  The fourth case is where these conditions are met—
(a)  a principal council is in the course of undertaking a community governance review of part of the council's area;
(b)  the council receives a community governance petition which relates to the whole of the council's area.
(6)  The fifth case is where these conditions are met—
(a)  a principal council is in the course of undertaking a community governance review of the whole of the council's area;
(b)  the council receives a community governance petition which relates to the whole or part of the council's area."

 
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©Parliamentary copyright 2007
10 October 2007