Local Government Bill — Finance — 24 Mar 1999
I beg to move amendment No. 54, in page 1, line 8, at beginning insert
'Subject to subsection (4A) below'.
Amendment, by leave, withdrawn.
I beg to move amendment No. 50, in page 3, line 5, leave out
'way in which its functions are exercised'
Considerable effort must have been applied to the drafting of those words to tighten the meaning. The Bill puts an obligation on an authority to achieve specific aims, but if someone wanted to sue a council for failure to fulfil the best value duties, the court could well have difficulty deciding what the duties mean.
He says that they should be elected, which is a good principle. We heard earlier this evening that it might be all right to consult a focus group to find out how popular the Government's capping policies are. It may be implicit in the Bill that a focus group would be enough to deal with the requirement to consult. We are suggesting that elected representatives are the right people to consult. Amendment No. 33 would delete subsection (3) of clause 3. If the representatives to be consulted under subsections (2)(a) and (2)(b) are elected, subsection (3) becomes unnecessary.
Amendment, by leave, withdrawn.
I beg to move amendment No. 60, in page 3, leave out lines 28 to 30.
Mr. Deputy Speaker:
With this, it will be convenient to discuss the following amendments: No. 61, in page 3, line 31, leave out 'or standards'.
I beg to move amendment No. 5 in the name of my hon. Friend and myself.
Mr. Deputy Speaker:
Order. There is no need for the hon. Gentleman to move his amendment. We group all the amendments together. The only amendment that has been moved is the first amendment in the group, in the name of the hon. Member for Eastbourne (Mr. Waterson). The hon. Gentleman may wish to say simply that he supports the amendment, to avoid confusion.
Amendment, by leave, withdrawn.
Amendment made: No. 6, in page 3, line 34, at end insert--
I beg to move amendment No. 35, in page 4, line 5, after 'section', insert
'unless it can satisfy the Secretary of State that there is a reason why this should not be done.'.
Amendment, by leave withdrawn.
I beg to move amendment No. 68, in page 4, line 29, leave out from 'other' to end of line 30 and insert 'parties'.
Mr. Deputy Speaker:
With this it will be convenient to discuss amendment No. 69, in page 4, line 31, leave out from 'other' to 'about' in line 32 and insert 'parties'.
It being five hours after the commencement of proceedings, Mr. Deputy Speaker, pursuant to the Order [24 March], put forthwith the Question already proposed from the Chair.
Amendment negatived.
Amendments made: No. 16, in page 7, line 40, leave out 'as soon as practicable'.
No. 17, in page 7, line 42, at end insert--
'( ) A statement required by subsection (3) shall be prepared--
(a) before the end of the period of 30 working days starting with the day on which the authority receives the report, or
(b) if the report specifies a shorter period starting with that day, before the end of that period.'.
No. 18, in page 8, line 5, leave out 'as soon as practicable' and insert--
'(a) before the end of the period of 30 working days starting with the day on which the authority receives the report, or
(b) if the report specifies a shorter period starting with that day, before the end of that period.
( ) For the purposes of this section a working day is a day other than--
(a) a Saturday or a Sunday,
(b) Christmas Day or Good Friday, or
(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.'.-- [Mr. Meale.]
Amendment made: No. 7, in page 9, line 26, at end insert
', and--
(b) may publish a report and any information in respect of a report.'.-- [Mr. Meale.]
Amendments made: No. 8, in page 12, line 17, at end insert--
'( ) provide for a matter to cease to be a non-commercial matter for specified purposes or to a specified extent;'.
No. 9, in page 12, line 25, leave out
', by virtue of an order under this section, not a non-commercial matter,'
and insert
'the subject of an order under this section'.-- [Mr. Meale.]
Amendments made: No. 19, in page 13, line 12, at end insert--
'( ) The Audit Commission may delegate any of its functions under this Part to--
(a) a committee or sub-committee established by the Commission (including a committee or sub-committee including persons who are not members of the Commission), or
(b) an officer or servant of the Commission.'.
No. 20, in page 13, line 29, at end insert--
'( ) After section 75(1)(e) of the Housing Associations Act 1985 (Housing Corporation and, in relation to Wales, Secretary of State: general functions) there shall be added--
"(f) to provide on request, to such extent as the Relevant Authority considers appropriate, advice and assistance to the Audit Commission for Local Authorities and the National Health Service in England and Wales in relation to the Commission's functions under Part I of the Local Government Act 1999 (best value)."
( ) The Audit Commission may make payments to the Housing Corporation or the Secretary of State in respect of advice and assistance provided under section 75(1)(f) of the Housing Associations Act 1985.'.-- [Mr. Meale.]
Amendments made: No. 21, in page 14, line 38, after first 'to' insert 'or in respect of'.
No. 22, in page 14, line 38, after second 'to' insert 'or in respect of'.
No. 23, in page 14, line 40, after 'to' insert 'or in respect of'.
No. 24, in page 15, line 4, at end insert--
'( ) Before issuing guidance under section (Coordination of inspections, &c.) the Secretary of State shall, in addition to the consultation required by subsection (2)(c) above, consult the persons or bodies concerned.'.-- [Mr. Meale.]
Amendment made: No. 10, in page 15, line 5, leave out '18 and 21' and insert
'19 and 21 to 24'.-- [Mr. Meale.]
Amendments made: No. 11, in page 15, line 16, after 'order', insert 'or regulations'.
No. 25, in page 15, line 20, leave out 'or 7' and insert
', 7 or (Coordination of inspections, &c.) , and regulations under section 22,'.-- [Mr. Meale.]
Amendment made: No. 12, in page 17, line 33, at end insert--
'( ) The Secretary of State may make grants to the Audit Commission, out of money provided by Parliament, in respect of expenditure incurred or to be incurred by the Commission under this Act.
( ) The National Assembly for Wales may make grants to the Audit Commission in respect of expenditure incurred or to be incurred by the Commission under this Act.'.-- [Mr. Meale.]
Bill reported, with amendments.
Order for Third Reading read.
Motion made, and Question put forthwith, pursuant to the Order [24 March], That the Bill be now read the Third time.-- [Mr. Robert Ainsworth.]
The House divided: Ayes 319, Noes 170.
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