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| | BARONESS HARRIS OF RICHMOND |
| 54* | Insert the following new Clause— |
| | "Local authority scrutiny of crime and disorder matters |
| | In section 19 of the Police and Justice Act 2006 (c. 48) (Local authority scrutiny of crime and disorder matters), after subsection 1 insert— |
| "(1A) | Every crime and disorder committee shall include at least one member nominated by the police authority for the area of the local authority, who shall have the same entitlement to vote as any other member of that committee."" |
| | BARONESS HANHAM
LORD DIXON-SMITH |
| 55* | Page 129, line 9, leave out from beginning to the end of line 37 on page 130 and insert— |
| "(2A) | The conduct of members and co-opted members in their private capacities is not covered by this Part of this Act except where it constitutes a criminal offence for which the member or co-opted member has been convicted and which is directly relevant to the performance of their official functions." |
| 56* | Page 129, line 18, leave out from the second "conduct" to the end of line 19 and insert "constitutes a criminal offence for which the member or co-opted member has been convicted and which is directly relevant to the performance of the official functions of the person concerned" |
| 57* | Page 129, line 40, leave out from the second "conduct" to the end of line 41 and insert "constitutes a criminal offence for which the member or co-opted member has been convicted and which is directly relevant to the performance of the official functions of the person concerned" |
| 58* | Page 130, leave out line 32 and insert "subsequently results in a criminal conviction which is directly relevant to the performance of the official functions of the person concerned" |
| 59 | Page 161, line 18, leave out "a local authority" and insert— |
| (b) | a National Health Service trust; |
| (c) | an NHS foundation trust; |
| (d) | a Primary Care Trust; or |
| (e) | a Strategic Health Authority." |
| 60 | Insert the following new Clause— |
| | "Arrangements: power to make further provision |
| (1) | The Secretary of State must make regulations which provide that arrangements made under section 220(1) ("local authority arrangements") must require prescribed provision to be included in local involvement network arrangements. |
| (2) | The regulations may in particular provide that local authority arrangements must require local involvement network arrangements to include— |
| (a) | prescribed provision relating to the way in which certain decisions of a local involvement network are to be taken; |
| (b) | prescribed provision relating to the authorisation of individuals as authorised representatives within the meaning of section 223(5); |
| (c) | prescribed provision relating to the use by a local involvement network of money derived from the arrangements; |
| (d) | prescribed provision relating to the consequences of contravention by a local involvement network of any provision of the arrangements. |
| | "a local involvement network" means a person who is to carry on activities specified in section 220(2); |
| | "local involvement network arrangements", in relation to local authority arrangements, means arrangements— |
| (a) | which are made in pursuance of the local authority arrangements; and |
| (b) | under which a person is to carry on activities specified in section 220(2); |
| | "prescribed provision" means provision prescribed or of a description prescribed by the regulations." |
| 61 | Insert the following new Clause— |
| | "Transitional arrangements |
| (1) | When a local authority becomes subject to the duty in section 220(1), it also becomes subject to the following duty. |
| (2) | That duty ("the temporary duty") is to ensure until the relevant time that there are means by which the activities specified in section 220(2) can be carried on in the local authority's area. |
| (3) | The Secretary of State may by regulations— |
| (a) | define "the relevant time" for the purposes of subsection (2); |
| (b) | make provision about the ways in which the temporary duty may or may not be complied with; |
| (c) | impose on a services-provider duties as respects— |
| (i) | responding to requests for information made by a relevant person; |
| (ii) | dealing with reports or recommendations made by a relevant person; |
| (d) | make provision for the purpose of imposing on a services-provider a duty to allow individuals authorised by relevant persons to enter and view, and observe the carrying-on of activities on, premises owned or controlled by the services-provider; |
| (e) | make provision relating to the referral by a relevant person of matters relating to social care services to an overview and scrutiny committee of a local authority; |
| (f) | make provision requiring a relevant person to prepare prescribed reports and to send them to prescribed persons; |
| (g) | make provision about the publication of such reports. |
| (4) | Regulations under subsection (3)(d) may include— |
| (a) | provision corresponding to any provision that could be included in regulations under section 223(1) by virtue of section 223(2) or (3); |
| (b) | provision corresponding to section 223(4). |
| (5) | Regulations under subsection (3)(e) may include provision corresponding to— |
| (a) | any provision of section 224(2) to (5); |
| (b) | any provision that could be included in regulations under section 224(6). |
| (6) | References in subsection (3) to a "relevant person" are to be read as follows— |
| (a) | for the purposes of subsection (3)(c) and (e), a request, report, recommendation or referral is made by a "relevant person" if it is made by a person in carrying on section 220 activities in pursuance of temporary arrangements; |
| (b) | for the purposes of subsection (3)(d), an individual is authorised by a "relevant person" if the individual is authorised for the purposes of regulations under subsection (3)(d), in accordance with any applicable provision of those regulations, by a person carrying on section 220 activities in pursuance of temporary arrangements; |
| (c) | in subsection (3)(f) "relevant person" means— |
| (i) | a person who is or has been carrying on section 220 activities in pursuance of temporary arrangements; or |
| (ii) | a local authority which is or has been subject to the temporary duty. |
| | "overview and scrutiny committee" has the same meaning as in section 224; |
| | "section 220 activities" means activities specified in section 220(2); |
| | "services-provider" means (subject to subsection (8))— |
| (a) | a National Health Service trust; |
| (b) | an NHS foundation trust; |
| (c) | a Primary Care Trust; or |
| | "social care services" has the same meaning as in section 224; |
| | "temporary arrangements" means the arrangements made by a local authority to comply with the temporary duty. |
| (8) | In subsection (3)(d) "services-provider" also includes a person prescribed by regulations made by the Secretary of State under section 223(7)(e)." |
| 62 | Page 166, line 15, leave out "225" and insert "(Transitional arrangements)" |
| 63 | Page 166, line 24, leave out "225" and insert "(Transitional arrangements)" |
| 64 | Page 169, leave out lines 23 to 27 and insert— |
| "(a) | guidance given by the Secretary of State as to when, or how often, involvement under arrangements under subsection (1B) is to be carried out; |
| (b) | guidance given by the Secretary of State as to the form to be taken by such involvement in any case specified by the guidance." |
| 65 | Page 170, leave out lines 2 to 5 and insert— |
| "(a) | guidance given by the Secretary of State as to when, or how often, involvement under arrangements under the regulations is to be carried out; |
| (b) | guidance given by the Secretary of State as to the form to be taken by such involvement in any case specified by the guidance." |
| 66* | Insert the following new Clause— |
| | "Payments on loss of office |
| | Payments on ceasing to hold office as mayor, leader or cabinet member |
| (1) | After section 100 of the Local Government Act 2000 (c. 22) (power to make provision about allowances) insert— |
| "100A | Payments on ceasing to hold office |
| (1) | A local authority may establish and administer such schemes as they may from time to time determine for the making of payments to or in respect of persons on their ceasing, because of their failure to be re-elected as a councillor, to hold office as— |
| (a) | an elected mayor of the authority (within the meaning given by section 39); |
| (b) | an executive leader of the authority (within the meaning of Part II); or |
| (c) | a councillor of the authority appointed to the executive of the authority. |
| (2) | The power conferred by subsection (1) above includes power to make different provision for different cases. |
| (3) | A local authority's functions under subsection (1) above are not to be exercised by the executive of the local authority. |
| (4) | The standing orders of every local authority must include provision for the publication of every determination under this section. |
| (5) | A determination under this section does not affect benefits in payment under this section before the making of the determination. |
| (6) | In this section, "local authority" has the same meaning as in Part II.". |
| (2) | In consequence of the amendments made by this section, the italic heading preceding section 99 of the Local Government Act 2000 becomes "Allowances, pensions and other payments"." |
| | BARONESS ANDREWS
BARONESS HAMWEE |
| 67 | Page 177, line 22, leave out from second "or" to end and insert "paragraph 3, 9(4)(b) or 10(3)(b) of Schedule (New arrangements for executives: transitional provision)" |
| 68 | Page 179, line 7, leave out "Schedule 5" and insert "Schedule (New arrangements for executives: transitional provision)" |
| 69 | Page 179, line 20, at end insert— |
| "( ) | The following provisions come into force in relation to Wales on such day as the Welsh Ministers may by order appoint— |
| | section (Reference of local crime and disorder matters to crime and disorder committees etc); |
| | the entry in Part 6 of Schedule 18 relating to the Police and Justice Act 2006 (c. 48); |
| | section 238 so far as relating to that entry." |
| 71 | Page 186, line 22, leave out from beginning to end of line 30 |
| 72 | Page 186, line 32, leave out sub-paragraph (2) and insert— |
| "( ) | In subsection (4A) omit "or a mayor and council manager executive". |
| 73 | Page 187, line 10, at end insert— |
| | "(1) Section 79 (qualifications for election and holding office) is amended as follows. |
| (2) | In subsection (1) omit ", or be qualified to be elected and to be an elected mayor,". |
| | (1) Section 80 (disqualification for election and holding office) is amended as follows. |
| (2) | In subsection (1) in the words before paragraph (a) omit ", and be disqualified for being elected or being an elected mayor,". |
| | (1) Section 100G (principal councils to publish additional information) is amended as follows. |
| (2) | In subsection (1)(a) for the second "and" substitute "together with, in the case of a councillor,". |
| | (1) Section 100J (application of Part 5A to new authorities, Common Council, etc) is amended as follows. |
| (2) | In subsection (4)(a)— |
| (a) | for "from "ward" onwards" substitute "after "together with""; |
| (b) | before "name" insert "the". |
| (3) | In subsection (4)(aa)— |
| (a) | for "from "ward" onwards" substitute "after "together with""; |
| (b) | before "name" insert "the". |
| (4) | In subsection (4)(b) for "from "and the ward" onwards" substitute "after "for the time being"". |
| (5) | In subsection (4)(c)— |
| (a) | before "ward" insert ", in the case of a councillor, the"; |
| (b) | before "constituent" insert "the". |
| (a) | before "the ward" insert "together with, in the case of a councillor,"; |
| (b) | before the first "whether" insert "and". |
| | (1) Section 249 (honorary aldermen and freemen) is amended as follows. |
| (2) | In subsection (1) for "councillors" substitute "members". |
| (3) | In subsection (2) for "councillor" substitute "member". |
| | (1) Section 270 (general provisions as to interpretation) is amended as follows. |
| (2) | In subsection (1) for the definition of "leader and cabinet executive" substitute— |
| | ""leader and cabinet executive means"— |
| (a) | in relation to England: a leader and cabinet executive (England); |
| (b) | in relation to Wales: a leader and cabinet executive (Wales);". |
| (3) | In subsection (1) insert the following definitions at the appropriate places— |
| | ""leader and cabinet executive (England)" has the same meaning as in Part 2 of the Local Government Act 2000;"; |
| | ""leader and cabinet executive (Wales)" has the same meaning as in Part 2 of the Local Government Act 2000;". |
| (4) | In subsection (4A) omit "or a mayor and council manager executive". |
| | (1) Schedule 2 (constitution and membership of London borough councils) is amended as follows. |
| (2) | For paragraph 5C substitute— |
| | "5C (1) The council shall consist of an elected mayor, a chairman and councillors. |
| (2) | A reference in this Act to a member of the council is a reference to— |
| (a) | the chairman of the council, |
| (b) | a councillor of the council, or |
| (c) | the elected mayor of the council." |
| | (1) Schedule 12 (meetings and proceedings of local authorities) is amended as follows. |
| (2) | In paragraph 5(5) (who presides over meeting of council operating mayoral executive) omit "or a mayor and council manager executive"." |
| 74 | Page 188, line 3, leave out paragraph (a) |
| 75 | Page 188, line 13, leave out paragraph 14 |
| 76 | Page 188, line 30, leave out paragraph 19 |
| 77 | Page 188, line 34, leave out paragraph (a) |
| 78 | Page 189, line 39, leave out paragraphs 24 to 27 |
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