Local Democracy, Economic Development and Construction Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
The amendments have been marshalled in accordance with the Order of 12th March 2009, as follows—
Clauses 1 to 51
Schedule 1
Clause 52
Schedule 2
Clauses 53 to 60
Schedule 3
Clauses 61 to 63
Schedule 4 | Clauses 64 to 82
Schedule 5
Clauses 83 to 116
Schedule 6
Clauses 117 to 142
Schedule 7
Clauses 143 to 146 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 1 | Page 1, line 7, after "duty" insert "to use reasonable endeavours" |
| 2 | Page 1, line 10, at end insert— |
| "( ) | the duty of members of the authority as democratically elected representatives" |
| 3 | Page 2, line 2, at end insert— |
| "( ) | the democratic arrangements of such connected authorities as the principal local authority considers appropriate" |
| 4* | Page 2, line 7, at end insert— |
| "( ) | The duty under subsection (1) includes in particular a duty to provide relevant information in formats accessible to people with disabilities." |
| 5 | Page 2, line 15, after "arrangements"" insert ", in relation to any authority," |
| 6 | Page 2, line 16, at end insert "by the authority (including the making of decisions by the authority in partnership or conjunction with any other person)" |
| 7 | Page 2, line 20, after "duty" insert "to use reasonable endeavours" |
| 8* | Page 2, line 26, at end insert— |
| "( ) | A principal local authority and an authority which is connected to a principal local authority have a duty under subsection (1) to provide relevant information in formats accessible to people with disabilities." |
| 9 | Page 2, line 37, leave out "in the principal local authority's area" and insert "which— |
| (i) | is in the area of the principal local authority, or |
| (ii) | is attended by a significant number of students who live in the area of the principal local authority" |
| 10 | Page 2, line 46, at end insert— |
| "( ) | the regional Development Agency for the region (which for the purposes of this section includes London) which covers the area of the principal local authority;" |
| 11 | Page 3, line 6, at end insert— |
| 12 | Page 3, line 36, at end insert— |
| "(aa) | a community meeting;" |
| 14 | Page 4, line 21, after "duty" insert "to use reasonable endeavours" |
| 16 | Page 4, line 39, after "duty" insert "to use reasonable endeavours" |
| 18 | Page 5, line 3, leave out "sections 2 and 3" and insert "section 2" |
| 19 | Page 5, line 7, leave out subsection (2) |
| 20 | Page 5, line 15, leave out paragraph (b) |
| 21 | Page 5, line 22, at end insert— |
| "(za) | the county council must, at least once a year, request any authority, body or other person in relation to which the district council is also under a duty under section 2, 3 or 4 for the information that the district council needs in order to discharge the duty in that section," |
| 22 | Page 5, line 23, leave out ", at least once a year," |
| 23 | Page 5, line 24, leave out from second "council" to end of line 27 and insert "under paragraph (za)" |
| 24 | Page 5, line 25, leave out ", 3 or 4" |
| 25 | Page 5, line 31, leave out "sections 2, 3 and 4" and insert "section 2" |
| 26* | Insert the following new Clause— |
| | "Provision of accessible information |
| (1) | A principal local authority must publish either separately or as part of another document an annual report listing any information it publishes in connection with its duty under section 1 that is not accessible to disabled people." |
| 27* | Insert the following new Clause— |
| | "Eligibility for membership: politically restricted posts |
| | In section 2 (politically restricted posts the holders of which are disqualified from membership of the local authority) of the Local Government and Housing Act 1989 (c. 42), in subsection (2)— |
| (a) | paragraphs (a) and (b) are repealed, and |
| (b) | in paragraph (c), the words "not falling within paragaph (a) or (b) above the" are repealed." |
| 28* | Insert the following new Clause— |
| (1) | In section 80 of the Local Government Act 1972 (c. 22), subsection (1)(a) (disqualification of officers, employees etc. and their partners from nomination, election and holding office as members of local authorities) is repealed. |
| (2) | After section 80 of that Act insert— |
| | "80A Disqualification of officers, employees etc. from remaining members of local authority |
| (1) | A person elected a member of a local authority who is the holder of any paid office or employment or other place of profit in the gift or disposal of the authority is disqualified from remaining a member of the authority after the relevant day unless the person complies with subsection (2) below. |
| (2) | A person complies with this subsection by resigning, not later than the relevant day, from that office, employment or, as the case may be, other place of profit. |
| (3) | A resignation effected in pursuance of subsection (2) above terminates the holding of the offfice, employment or other place of profit with immediate effect notwithstanding any contrary provision in the terms and conditions under which the office, employment or place of profit is held. |
| (4) | In this section the "relevant day" is the day first occurring after that on which the person elected a member of the local authority was, under the local elections rules, declared to be so elected (no account being taken of a day which is a Saturday or Sunday or Christmas Eve, Easter Monday, or a bank holiday). |
| (5) | This section does not affect section 1 (disqualification and political restriction of certain local government officers and staff) of the Local Government and Housing Act 1989 (c. 42)."" |
| 29* | Insert the following new Clause— |
| | "Prohibition on appointment of councillors and ex-councillors to local authority posts |
| | In the Local Government Act 1972 (c. 22), for section 116 (members of local authorities not to be appointed as officers) substitute— |
| | "116 Members of local authorities not to be appointed as officers etc. |
| (1) | A person who is a member of a local authority is disqualified from being appointed by the authority to any paid office or employment (other than the office of convener or depute convener) or other place of profit in the gift or disposal of the authority. |
| (2) | A person who has ceased to be a member of a local authority is disqualified— |
| (a) | for a period of 3 months beginning with the day on which the person ceased to be a member of a local authority from being appointed by the authority to any such office, employment or place of profit which is not a politically restricted post; |
| (b) | for a period of 12 months beginning with that day from being appointed by the authority to any such office, employment or place of profit which is a politically restricted post. |
| (a) | has ceased to be a member of a local authority; and |
| (b) | at any time during the period of 12 months ending with the day on which the person so ceased, participated directly in the appointing of any person to a politically restricted post, |
| | is, for the period of 12 months beginning on that day, disqualified from being appointed by the authority to any paid office or employment or other place of profit in the gift or disposal of the authority. |
| (4) | A reference to a politically restricted post is— |
| (a) | in subsection (2), a reference to a post held by a person who is within any of paragraphs (a) to (g) of section 2(1) (politically restricted posts the holders of which are disqualified from membership of the local authority) of the Local Government and Housing Act 1989; |
| (b) | in subsection (3), a reference to a post held by a person who is within any of paragraphs (a) to (e) of that subsection."" |
| 31 | Page 7, line 9, leave out "valid petitions made to the authority" and insert "petitions which are made to the authority and to which section 12 applies" |
| 32* | Page 7, line 12, after "meeting" insert "of a full council" |
| 33* | Page 7, line 15, leave out paragraph (a) |
| 34* | Page 7, line 16, leave out "other" |
| 35* | Page 7, line 18, at end insert "or otherwise have a connection with the area" |
| 36* | Page 7, line 21, at end insert— |
| "( ) | Any revisions made under subsection (5) must be presented to a meeting of the full council of a local authority." |
| 37 | Page 7, line 22, after "with" insert "the statutory provisions of" |
| 38* | Page 7, line 23, leave out "subject to that," |
| 39 | Page 7, line 23, after "Chapter" insert— |
| "(a) | prevents a principal local authority from relaxing the requirements of its petition schemes so as to apply it more widely than is required by this Chapter or the scheme, or |
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