HC Deb 23 January 1974 vol 867 cc1756-8
Mr. Rossi

I beg to move Amendment No. 32, in page 49, line 10, leave out 'All' and insert: 'Subject to paragraph 8A below, all'.

Mr. Deputy Speaker

With this amendment it is convenient to take Government Amendments Nos. 33 and 34.

Mr. Rossi

The purpose of the amendments is to modify the arrangements for sharing out the cost of operating the local commissions. Paragraph 6 of the schedule provides for the expenses of the English Commission to be shared equally between county councils in England, together with the GLC and the Council of the Isles of Scilly. Paragraph 7 provides for the division of the expenses of the Welsh Commission between county councils in Wales. Paragraph 8 provides that in both cases the division is to be on the basis of the product of a penny rate in each local authority area concerned. These arrangements only cover local authorities, and it is reasonable for part of the cost of running the system to be borne by authorities within the scope of Part III of the Bill which are not local authorities—for example, regional water authorities. The main amendment in this group allows this to be done by the Secretary of State by order contained in a statutory instrument, for the details obviously cannot be settled at this stage. The smaller amendments pave the way for the main amendment.

Amendment agreed to.

Amendments made: No. 33, in page 49, line 13, leave out 'All' and insert: 'Subject to paragraph 8A below, all'. No. 34, in page 49, line 29, at end insert: '8A.—(1) In relation to each of the Commissions, the Secretary of State may by order provide for such part of their expenses as may be specified in the order to be defrayed by such authorities (being authorities to which this Part of this Act applies other than those mentioned in paragraph 6 or 7 above) as may be so specified. (2) Where two or more authorities are liable, by virtue of an order made under this paragraph, to defray part of the expenses of a Commission, the order shall provide for the apportionment of the amount concerned among those authorities. (3) Paragraphs 6 and 7 above shall not apply in relation to so much of the expenses of a Commission as is, by virtue of any order made under this paragraph, to be defrayed by authorities other than those mentioned in those paragraphs. (4) An order made under this paragraph shall be contained in a statutory instrument and may be varied or revoked by a subsequent order'.—[Mr. Rossi.]

Mr. Rossi

I beg to move Amendment No. 35, in page 49, line 39, at end insert:

' (3) The Commission shall, within fourteen days of taking any final decision as to the estimate for the next financial year, notify the appropriate representative body of the decision'.

Mr. Deputy Speaker

With this amendment we shall discuss Government Amendment No. 36.

Mr. Rossi

The purpose of the amendments is to increase the powers of the representative bodies in relation to the expenditure of the local commissions. They are designed to meet points made by the associations of local authorities in the working party.

The Government did not seek this jurisdiction, but a provision on these lines was suggested by the associations and it seemed to be the most straightforward way of resolving the issue.

Amendment agreed to.

Amendment made: No. 36, in page 49, line 39, at end insert: '10.—(1) Where—

  1. (a) a representative body have made observations on the estimate submitted to them in accordance with paragraph 9(1) above ;
  2. (b) the Commission concerned have notified the representative body of their final decision, in accordance with paragraph 9(3) above ; and
  3. (c) the representative body consider that the estimate is excessive ;
the representative body may refer the question to the Secretary of State. (2) Where any question has been referred to the Secretary of State under sub-paragraph (1) above he may, if he considers that the expenditure of the Commission for the next financial year is, on the basis of the estimate, likely to be excessive, give such a direction to the Commission in relation to any matter affecting that expenditure as he considers necessary to ensure that it is not excessive. (3) It shall be the duty of each of the Commissions to comply with any direction given to them by the Secretary of State under this paragraph. (4) Any direction given by the Secretary of State under this paragraph may be varied or revoked by a subsequent direction given by him.".—[Mr. Rossi.]

Forward to