Schedule 3 (Hansard, 17 July 1972)

HC Deb 17 July 1972 vol 841 cc124-9 124

§ ESTABLISHMENT OF NEW AUTHORITIES IN ENGLAND

§ Amendments made: No. 730, in page 209,fi line 14, after 'out', insert 'either before or after the passing of this Act'

§ No. 924, in page 209, line 19, leave out 8(a)' and insert '7(1A)(a)'.

§ No. 461, in page 209, line 20, leave out sub-paragraph (1).

§ No. 925, in page 209, line 21, after 'ward', insert 'of a metropolitan district'.—[Mr. Speed.]

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§ Mr. Speed
I beg to move, Amendment No. 981, in page 210, leave out lines 18 to 20 and insert: 'by the committee established for the area under section 252 above'.

§ Mr. Deputy Speaker
With this Amendment it will be convenient to discuss the following Amendments:

§ No. 982, in page 210, line 29, leave out 'the authority designated under paragraph 6' and insert: 'an authority designated by the committee established for the area of the new council under section 252'.

§ No. 983, in page 210, line 39, leave out 'as mentioned in paragraph 6' and insert: by the committee established for the area of the council under section 252'.

§ No. 984, in page 211, line 3, at end insert: '(8A) The Secretary of State may himself exercise a committee's power of designation for the purposes of any provision of paragraph 6, 7 or 8 above if he is requested to do so on the ground that the committee is unlikely to exercise the power in time for that provision to operate'.

§ No. 986, in Schedule 5, page 225, leave out lines 19 to 22 and insert: 'by the committee established for the area under section 252 above'.

§ No. 987, in page 225, line 31, leave out 'the authority designated under paragraph 6 'and insert: an authority designated by the committee established for the area of the new council under section 252'.

§ No. 998, in page 225, line 41, leave out 'as mentioned in paragraph 7' and insert: 'by the committee established for the area of the new council under section 252'.

§ No. 989, in page 226, line 3, at end insert: '(9A) The Secretary of State may himself exercise a committee's power of designation for the purposes of any provision of paragraph 7, 8 or 9 above if he is requested to do so on the ground that the committee is unlikely to exercise the power in time for that provision to operate'.

§ Mr. Speed
These Amendments are inter-related. Some apply to England and some apply to Wales but they deal with the same point.
The Amendments deal with the machinery for the first meeting of the new county and district councils: accept- 126 ance of office, convening and chairing of the meeting and the selection of standing orders. In each case, it is for the joint committee of existing authorities under Clause 252 to make the decision, or for the Secretary of State to act if asked to do so in default. The first four Amendments affect Schedule 3 which deals with authorities in England. The last four are identical Amendments to Schedule 5 for the Principality.
The Amendments are needed because the Clause 252 committees are now to be mandatory following Amendments which were made in Committee and so will have primary responsibility in each case. At the same time, we have revised the drafting to meet misunderstanding of the previous words and have taken the opportunity to enable a Clause 252 committee to spread the initial functions: to nominate the clerk of one constituent authority to receive declaration of acceptance of office; the clerk of another to convene the meeting and issue the summonses to attend; while the meeting is held under the standing orders of another authority.
The initial chairman and vice-chairman to open the proceedings and conduct the election of the new council chairman, which will be the first business of the new authority, could be members of a fourth and fifth constituent authority or could be any other persons nominated by the Clause 252 committee. If he is not a councillor, he does not have any vote on the election of the council chairman, other than a casting vote if need be.
My right hon. and learned Friend the Secretary of State for Wales may intervene in default for any of these purposes but only if asked on the grounds that the committee is unlikely to reach a decision in time—that is, if the committee is immovably deadlocked. Thus the initiative for intervention from the Secretary of State must come from a request to intervene, but this request can be made by anyone—for example, by the deadlocked committee or by one or more constituent authorities. Thus this is very much of a reserve power which it should not be necessary for the Secretary of State to use.

§ Amendment agreed to.

§ Further Amendments made: No. 982, in page 210, line 29, leave out "the 127 authority designated under paragraph 6" and insert: an authority designated by the committee established for the area of the new council under section 252".

§ No. 983, in page 210, line 39, leave out "as mentioned in paragraph 6" and insert: by the committee established for the area or the council under section 252".

§ No. 984, in page 211, line 3, at end insert: (8A) The Secretary of State may himself exercise a committee's power of designation for the purposes of any provision of paragraph 6, 7 or 8 above if he is requested to do so on the ground that the committee is unlikely to exercise the power in time for that provision to operate.

§ No. 176, in page 211, line 17, leave out "each" and insert "the corresponding".

§ No. 177, in page 211, line 17, at end add:

§ (2) Until provision is made to the contrary under Part I or Part IV of this Act, the provisions of this sub-paragraph shall have effect with respect to the number of councillors for parishes constituted under Part V of Schedule I above, that is to say—

(a) if the area of the parish is co-extensive with that of a borough not divided into wards, the number of councillors for the parish shall be the same as the total number of councillors and aldermen for the borough;
(b) if the area of the parish is co-extensive with that of a borough which is divided into wards, the parish shall be divided into the same wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be four-thirds of the number of councillors for the corresponding ward of the borough;
(c) if the area of the parish is co-extensive with that of an urban district not divided into wards, the number of councillors for the parish shall be the same as the number of councillors for the urban district;
(d) if the area of the parish is co-extensive with that of an urban district which is divided into wards, the parish shall be divided into the same wards for the purpose of elections of parish councillors and the number of councillors to be elected for each parish ward shall be the same as the number of councillors for the corresponding ward of the urban district;

and the numbers referred to in paragraphs (a) to (d) above shall be determined by reference to the electoral arrangements in the borough or urban district at the date on which the parish is constituted.

§ No. 178, in page 212, line 6, leave out "1975" and insert "1976".

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§ No. 179, in page 212, line 21, after "1974", insert "or 1975".

§ No. 180, in page 212, line 23, after "1974", insert "or 1975".

§ No. 181, in page 212, line 25, leave out "1975" and insert "1976".

§ No. 1046, in page 213, line 5, leave out '1975' and insert '1976'.

§ No. 182, in page 213, line 22, at end insert:

§ (13) The foregoing provisions of this paragraph shall have effect subject to the provisions of paragraph 11A below.

§ 11A.—(1) The provisions of this paragraph shall apply in relation to a parish constituted under Part V of Schedule 1 above and to the borough or urban district the area of which is co-extensive with that of the parish; and, in relation to such a parish,—

(a) references in this paragraph to the order are references to the order under the said Part V constituting the parish, and
(b) references in this paragraph to the borough or urban district are references to the borough or urban district the area of which is co-extensive with that of the parish.

§ (2) As from the date specified in the order, the parish councillors shall be the aldermen and councillors for the time being of the borough or as the case may be, the councillors for the time being of the urban district and, if the parish is divided into wards in accordance with paragraph 9(2) above,—

(a) the councillors of the borough or urban district, in their capacity as parish councillors, shall be treated as having been elected for the wards of the parish corresponding to the wards of the borough or urban district for which they were elected; and
(b) in the case of a borough, each of the aldermen shall be treated, in his capacity as a parish councillor, as having been elected for such ward of the parish as shall be determined at a meeting of the parish council held within fourteen days after the date specified in the order.

§ (3) Each person who becomes a parish councillor by virtue of sub-paragraph (2) above shall (unless he resigns his office or it other wise becomes vacant) continue to hold that office until the fourth day after the ordinary day of election of parish councillors in 1976.

§ (4) Until 1st April 1974 the persons for the time being holding office as mayor and deputy mayor of the borough or, as the case may be, as chairman and vice-chairman of the council of the urban district shall, by virtue of those offices, hold office as chairman and vice-chairman of the parish council, respectively; and the persons who, by virtue of this sub-paragraph, hold office as chairman and vice-chairman of the parish council immediately before 1st April 1974 shall (subject to section 16 below) continue to hold those offices on and after that date as if they had been elected to them at the annual meeting of the parish council held in 1973.

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§ (5) Where this paragraph applies to a parish, then, as from the date specified in the order, paragraph 11(1) above shall not apply in relation to elections to fill casual vacancies in the office of councillor of the borough or urban district, as the case may be, and any casual vacancy which has not been filled on that date shall be deemed for the purposes of the 1933 Act to have arisen on that date; and a councillor elected after that date to fill a casual vacancy shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 1st April 1974.

§ (6) Where this paragraph applies to a parish, sub-paragraph (11)(c) and (12) of paragraph 11 above shall not apply in relation to the borough or urban district, as the case may be; and in the case of a borough any person appointed to fill a casual vacancy in the office of alderman of the borough shall be treated, in his capacity as a parish councillor, as having been elected for the same ward of the parish as that for which his predecessor as alderman was treated as having been elected by virtue of sub-paragraph (2)(b) above or this sub-paragraph.

§ No. 934, in page 213, line 46, leave out from 'councillors' to 'occurring' in line 1 on page 214.

§ No. 935, in page 214, line 1 [Schedule 3], leave out 'any' and insert 'the'.

§ No. 936, in page 214, line 6 [Schedule 3], leave out from 'councillors' to end of line 7.

§ No. 937, in page 214, line 8 [Schedule 3], leave out 'any' and insert 'the'.—[Mr. Speed.]