Local Government and Public Involvement in Health Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING
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 HANHAM
LORD DIXON-SMITH |
1* | Page 3, line 2, leave out subsection (1) and insert |
"(1) | Neither a direction nor an invitation under section 2 may be issued or given after 25 January 2008." |
2 | Page 19, line 37, leave out paragraph (b) |
3 | Page 22, line 5, leave out paragraph (b) |
4 | Page 22, line 38, leave out paragraph (b) |
5 | Page 29, line 33, leave out "an appropriate" and insert "a divisible" |
6 | Page 29, line 43, leave out ""appropriate"" and insert ""divisible"" |
7 | Page 32, line 19, leave out paragraph (b) |
8 | Page 35, line 28, leave out subsection (8) |
9 | Page 36, line 7, at end insert "or" |
10 | Page 36, line 8, leave out from "(England)," to end of line 9 |
11 | Page 38, leave out line 30 |
12 | Page 38, line 35, leave out from "executive," to end of line 36 |
13 | Page 38, line 44, leave out "or elected executive" |
14 | Page 39, line 10, leave out "or elected executive" |
15 | Page 40, line 38, leave out "or an elected executive" |
16 | Page 41, line 9, leave out "or an elected executive" |
17 | Page 41, line 21, leave out from beginning to end of line 22 |
18 | Page 41, line 33, leave out from beginning to end of line 38 |
19 | Page 41, line 39, leave out "or elected" |
20 | Page 41, line 43, leave out from "executive" to end of line 44 |
21 | Page 42, line 3, leave out from "mayor" to end of line 4 |
22 | Page 42, leave out line 15 |
23 | Page 43, line 37, leave out subsection (2) |
24 | Page 47, leave out line 20 |
25 | Page 47, line 40, leave out paragraph (a) |
26 | Page 48, line 3, leave out paragraphs (c) and (d) |
27 | Page 48, leave out line 8 |
28 | Page 48, leave out lines 11 and 12 |
| BARONESS ANDREWS
BARONESS HAMWEE
BARONESS HANHAM |
29 | Page 50, line 26, leave out "Schedule 5 (new arrangements for executives: transition provision)" and insert "Schedule (New arrangements for executives: transitional provision)" |
| BARONESS SCOTT OF NEEDHAM MARKET
BARONESS HAMWEE |
30 | Page 55, line 35, after "appoint" insert "not more than the specified number of" |
31 | Page 55, line 35, at end insert |
"( ) | The specified number of persons shall be |
(a) | the number equal to ten per cent of the parish council (including members co-opted or appointed immediately before the date of appointment under this section), or |
(b) | if the number calculated under paragraph (a) is lower than one, then one." |
32 | Page 55, leave out line 41 |
33 | Page 61, line 9, leave out from "aggregating" to end of line 10 and insert "one or more unparished areas with one or more parished areas." |
34 | Page 61, line 13, at end insert |
| "but the aggregation of one or more unparished areas with a single parish is not the constitution of a new parish." |
35 | Page 61, line 14, after "(2)" insert |
| ""parished area" means an area which |
(b) | is part of a parish." |
36 | Page 62, line 4, at end insert |
"(b) | references to the alteration of an area of a parish are references to any alteration which is not the constitution of a new parish (within the meaning of section 87(2))." |
37 | Page 64, line 11, at end insert |
"( ) | But subsection (3) does not apply if any part of the parish mentioned in subsection (1) is currently |
(a) | a parish which has a council, or |
(b) | part of such a parish." |
38 | Page 64, line 12, leave out "In any other case" and insert "If neither subsection (2) nor (3) applies" |
| BARONESS SCOTT OF NEEDHAM MARKET
LORD TYLER |
39 | Page 71, line 44, at end insert |
"( ) | If a responsible local authority so requests, the Secretary of State shall make a direction under subsection (1)." |
| BARONESS HANHAM
LORD DIXON-SMITH |
40* | Page 72, line 40, leave out "107(2)" and insert "112" |
| BARONESS HANHAM
LORD DIXON-SMITH |
41* | Page 73, line 21, leave out subsection (3) |
42* | Page 73, line 25, leave out the first "local" and insert "national" |
| BARONESS HANHAM
LORD DIXON-SMITH |
43* | Page 74, line 6, at end insert "only in respect of national improvement targets" |
44* | Page 74, line 7, after "of" insert "national" |
45* | Page 74, line 11, after "a" insert "national" |
46* | Page 74, line 21, after "of" insert "national" |
47* | Page 74, line 21, leave out "or additional" |
48* | Page 74, line 29, after "of" insert "national" |
49 | Page 83, line 25, leave out from "matters" to end of line 26 and insert "in relation to which the committee has functions under or by virtue of section 19."" |
50 | Page 84, line 1, leave out "under subsection (6)" and insert "by virtue of subsection (3)(a)" |
51 | Page 84, line 41, leave out "under subsection (6)" and insert "by virtue of subsection (3)(a)" |
52 | Page 88, line 19, leave out "under subsection (6)" and insert "by virtue of subsection (3)(a)" |
53 | Insert the following new Clause |
| "Reference of local crime and disorder matters to crime and disorder committees etc |
(1) | The Police and Justice Act 2006 (c. 48) is amended as follows. |
(2) | In section 19 (local authority scrutiny of crime and disorder matters), for subsections (3) to (8) substitute |
"(3) | A local authority must |
(a) | ensure that its crime and disorder committee has power (whether by virtue of section 21(2) of the Local Government Act 2000 or regulations made under section 32(3) of that Act or otherwise) to make a report or recommendations to the local authority with respect to any matter which is a local crime and disorder matter in relation to a member of the authority, and |
(b) | make arrangements which enable any member of the authority who is not a member of the crime and disorder committee to refer any local crime and disorder matter to the committee. |
(4) | For the purposes of subsection (3)(b), arrangements enable a person to refer a matter to a committee if they enable him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee. |
(5) | Subsections (6) and (7) apply where a local crime and disorder matter is referred to a crime and disorder committee by a member of a local authority in accordance with arrangements made under subsection (3)(b). |
(6) | In considering whether or not to make a report or recommendations to the local authority in relation to the matter, the committee may have regard to |
(a) | any powers which the member may exercise in relation to the matter by virtue of section 233 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and |
(b) | any representations made by the member as to why it would be appropriate for the committee to exercise any power which it has by virtue of subsection (3)(a) in relation to the matter. |
(7) | If the committee decides not to make a report or recommendations to the local authority in relation to the matter, it must notify the member of |
(8) | Where a crime and disorder committee of a local authority makes a report or recommendations to the authority by virtue of subsection (3)(a), it must |
(a) | provide a copy of the report or recommendations to any member of the authority who referred the local crime and disorder matter in question to the committee in accordance with arrangements made under subsection (3)(b), and |
(b) | provide a copy of the report or recommendations to such of |
(i) | the responsible authorities, and |
(ii) | the co-operating persons and bodies, |
| as it thinks appropriate. |
(8A) | Subsection (8B) applies where the crime and disorder committee of a local authority |
(a) | makes a report or recommendations to the authority by virtue of subsection (3)(a), or |
(b) | provides a copy of a report or recommendations under subsection (2) or (8)(b). |
(8B) | Where this subsection applies |
(a) | the crime and disorder committee must notify the authority, body or person to whom it makes the report or recommendations or provides the copy that paragraph (b) applies, and |
(b) | the authority, body or person must |
(i) | consider the report or recommendations; |
(ii) | respond to the committee indicating what (if any) action it proposes to take; |
(iii) | have regard to the report or recommendations in exercising its functions." |
(3) | In subsection (9)(b), for "subsection (1)(b) or (6)" substitute "this section". |
(a) | after the definition of "crime and disorder functions" insert |
| "electoral area" has the meaning given by section 203(1) of the Representation of the People Act 1983;", and |
(b) | for the definition of "local crime and disorder matter" substitute |
| "local crime and disorder matter", in relation to a member of a local authority, means a matter concerning |
(a) | crime and disorder (including in particular forms of crime and disorder that involve anti-social behaviour or other behaviour adversely affecting the local environment), or |
(b) | the misuse of drugs, alcohol and other substances, |
| which affects all or part of the electoral area for which the member is elected or any person who lives or works in that area." |
(5) | Section 20 (guidance and regulations regarding crime and disorder matters) is amended as follows. |
(6) | In subsections (1) and (2), after "under" insert "or by virtue of". |
(7) | In subsection (5), omit |
(b) | sub-paragraphs (i) to (iii) of paragraph (g)." |
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