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

House of Lords

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Clause 92

 

BARONESS ANDREWS

158Page 62, line 12, after "revoke" insert "a provision of"
 

Clause 93

 

BARONESS ANDREWS

159Page 62, line 30, leave out "available" and insert "unparished"
160Page 62, line 31, leave out "available" and insert "unparished"
161Page 62, line 36, leave out ""available" and insert ""unparished"
 

Clause 94

 

BARONESS ANDREWS

162Page 63, line 7, at end insert "(if any)"
 

Clause 99

 

BARONESS ANDREWS

163Page 65, line 16, at end insert—
"(6A)  As soon as practicable after making any recommendations, the principal council must—
(a)  publish the recommendations; and
(b)  take such steps as it considers sufficient to secure that persons who may be interested in the review are informed of those recommendations."
 

Clause 100

 

LORD GREAVES

163APage 65, line 28, leave out subsection (3)
 

After Clause 100

 

LORD GREAVES

163BInsert the following new Clause—
  "Recommendations to abolish parishes
(1)  This section applies where a community governance review recommends the abolition of a parish in such a way that an unparished area would be created.
(2)  The council that is undertaking a community governance review must call a parish poll on the proposal if—
(a)  a parish meeting convened for the purpose passes a motion calling for such a poll, or
(b)  a petition is received in support of holding such a poll signed by not less than a third of the registered local government electors in the parish.
(3)  If a parish poll held under subsection (2) does not result in a majority for the recommendation it must be rejected."
 

Clause 102

 

BARONESS ANDREWS

164Page 66, line 35, leave out subsections (2) and (3) and insert—
"(   )  As soon as practicable after a principal council has decided to what extent it will give effect to the recommendations made in a community governance review, the council must—
(a)  publish—
(i)  that decision, and
(ii)  the council's reasons for making that decision; and
(b)  take such steps as the council considers sufficient to secure that persons who may be interested in the review are informed of that decision and those reasons."
165Page 66, line 42, leave out "gives effect to the review" and insert "makes a reorganisation order"
166Page 66, line 43, at beginning insert "As soon as practicable after making the order,"
167Page 67, line 6, leave out from "publicise" to end of line 7
168Page 67, line 10, leave out "a reorganisation" and insert "the"
 

After Clause 102

 

LORD GRAHAM OF EDMONTON

169Insert the following new Clause—

"Appeals

  Appeals
(1)  This section applies if a principal council decides not to constitute a parish or parish council contrary to the specified recommendation of a community governance petition.
(2)  Within 28 days of such a decision an aggrieved person may appeal against that decision by notice in writing to the Secretary of State.
(3)  Upon receipt of a notice of appeal the Secretary of State must hold a public local inquiry into the manner in which the principal council has conducted the community governance review.
(4)  Following the holding of a public local inquiry the Secretary of State may recommend that a new parish or parish council should be constituted.
(5)  The costs of—
(a)  holding a public local inquiry under subsection (3), and
(b)  recommending the constitution of a parish or parish council under subsection (4),
 shall be met by the council concerned."
 

Clause 106

 

BARONESS ANDREWS

170Page 69, line 14, after "to" insert "recommendations made in"
 

Clause 108

 

BARONESS ANDREWS

171Page 70, line 21, leave out "the notice required by 102(3)" and insert "the recommendations made in the review"
 

Clause 111

 

BARONESS HANHAM
LORD DIXON-SMITH

171APage 72, line 46, at end insert—
"(   )  In this Chapter "national improvement target" means a national target for improvement designated by the Secretary of State in respect of which there shall be a maximum number of 35."
 

Clause 112

 

LORD DIXON-SMITH
BARONESS HANHAM

172Page 73, line 13, leave out subsection (1)
 

BARONESS HANHAM
LORD DIXON-SMITH

172APage 73, line 13, leave out ", a responsible local authority" and insert "a responsible local authority, or a responsible local authority resolves to prepare a local area agreement, that local authority"
 

LORD DIXON-SMITH
BARONESS HANHAM

173Page 73, line 20, at beginning insert "Within twelve months of the coming into force of this Part,"
174Page 73, line 20, leave out first "the" and insert "a"
 

BARONESS HANHAM
LORD DIXON-SMITH

174APage 73, line 23, after "authority;" insert—
"(   )  other non-statutory partners to the local area agreement;"
 

LORD DIXON-SMITH
BARONESS HANHAM

175Page 73, line 41, leave out subsections (5) and (6)
 

Clause 113

 

BARONESS HANHAM
LORD DIXON-SMITH

175APage 74, line 6, at end insert "only in respect of national improvement targets"
 

LORD DIXON-SMITH
BARONESS HANHAM

176Leave out Clause 113
 

Clause 114

 

LORD DIXON-SMITH
BARONESS HANHAM

177Page 74, line 16, leave out "113(2)" and insert "112"
 

BARONESS HANHAM
LORD DIXON-SMITH

177APage 74, line 19, after "have" insert "pre-eminent"
 

Clause 115

 

BARONESS HANHAM
LORD DIXON-SMITH

177BPage 74, line 24, leave out "local" and insert "national"
177CPage 74, line 28, leave out "local" and insert "national"
 

LORD DIXON-SMITH
BARONESS HANHAM

178Leave out Clause 115
 

Clause 116

 

LORD DIXON-SMITH
BARONESS HANHAM

179Page 74, line 34, leave out subsection (1)
180Page 74, line 36, leave out "other"
181Page 74, line 41, leave out subsection (3)
 

BARONESS HANHAM
LORD DIXON-SMITH

181APage 75, line 4, leave out "local" and insert "national"
 

Clause 117

 

BARONESS HANHAM
LORD DIXON-SMITH

181BPage 75, line 28, after "to" insert "national"
181CPage 75, line 29, after "of" insert "national"
181DPage 75, line 33, after "a" insert "national"
181EPage 75, line 43, after "of" insert "national"
181FPage 75, line 43, leave out "or additional"
181GPage 76, line 5, after "of" insert "national"
 

LORD DIXON-SMITH
BARONESS HANHAM

182Leave out Clause 117
 

Clause 118

 

BARONESS HANHAM
LORD DIXON-SMITH

182APage 76, line 28, after "a" insert "national"
 

LORD DIXON-SMITH
BARONESS HANHAM

183Leave out Clause 118
 

Clause 119

 

LORD DIXON-SMITH
BARONESS HANHAM

184Page 76, line 36, at end insert "within one month after arriving at the agreement"
185Page 76, line 37, leave out paragraphs (a) and (b)
 

BARONESS HANHAM
LORD DIXON-SMITH

185APage 76, line 38, leave out "local" and insert "national"
 

LORD DIXON-SMITH
BARONESS HANHAM

186Page 77, line 5, leave out sub-paragraph (i)
187Page 77, line 10, leave out subsections (3) and (4)
 

Clause 120

 

BARONESS HANHAM
LORD DIXON-SMITH

187APage 77, line 21, leave out "or" and insert—
"(ia)  other non-statutory partners to the local agreement, and"
 

Clause 123

 

BARONESS HANHAM
LORD DIXON-SMITH

187BPage 81, line 16, at beginning insert "national"
 

Clause 124

 

BARONESS ANDREWS

188Page 81, line 28, leave out "This section" and insert "Subsection (2)"
189Page 81, line 36, at end insert—
"(   )  The Offender Management Act 2007 (c. 21) is amended as follows.
(   )  In paragraph 5 of Schedule 3 (which adds functions of the Secretary of State in relation to probation services to the functions in relation to which the Secretary of State is a partner authority)—
(a)  in sub-paragraph (1), for "Section 80" substitute "Section 110";
(b)  in sub-paragraph (2), for "subsection (3)(g)" substitute "subsection (4)(i)"; and
(c)  in sub-paragraph (3), in the inserted subsection (5A), for "subsection (3)(g)(iv)" substitute "subsection (4)(i)(iv)".
(   )  In Part 1 of Schedule 5 (repeals relating to probation services), in the entry relating to this Act—
(a)  for "section 80(3)" substitute "section 110(4)"; and
(b)  for "(g)(ii)" substitute "(i)(ii)"."
 

Before Clause 125

 

BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE

190Insert the following new Clause—
  "Contractors' duty to co-operate
  Where any private or voluntary organisation is paid by a local authority to provide a public service or function, that organisation shall in relation to that service or function—
(a)  provide information requested by a relevant overview and scrutiny committee, as defined by the Local Government Act 2000 (c. 22),
(b)  attend at a relevant overview and scrutiny committee to answer questions,
(c)  consider any report or recommendations of an overview and scrutiny committee, and
(d)  respond to the overview and scrutiny committee indicating what (if any) action the organisation proposes to take."

 
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10 October 2007