HC Deb 08 July 2003 vol 408 cc1023-5

Amendments made: No. 305, in page 49, line 13, leave out from beginning of line to end of line 45 and insert—

'(2) The regulations may in particular make provision—

  1. (a)for the further consideration of a representation by the Commission for Social Care Inspection ("the CSCI");
  2. (b) for a representation to be referred by the CSCI for further consideration by an independent panel established under the regulations;
  3. (c) about the procedure to be followed on the further consideration of a representation;
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  4. (d) for the making of recommendations about the action to be taken as the result of a representation;
  5. (e) about the making of reports about a representation;
  6. (f) about the action to be taken by the local authority concerned as a result of the further consideration of a representation;
  7. (g) for a representation to be referred by the CSCI back to the local authority concerned for reconsideration by the authority;
  8. (h) for a representation or any matter raised by the representation to be referred by the CSCI—
    1. (i) to the Commission for Local Administration in England for it to consider whether to investigate the representation or matter under Part 3 of the Local Government Act 1974 as if it were a complaint duly made under section 26 of that Act; or
    2. (ii) to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.

(3) The regulations may require—

  1. (a) the making of a payment, in relation to the further consideration of a representation under this section, by any local authority in respect of whose functions the representation is made;
  2. (b) any such payment to be—
    1. (i) made to such person or body as may be specified in the regulations;
    2. (ii) of such amount as may be specified in, or calculated or determined under, the regulations;
  3. (c) an independent panel to review the amount chargeable under paragraph (a) in any particular case and, if the panel thinks fit, to substitute a lesser amount.

(4) The regulations may also—

  1. (a) provide for different parts or aspects of a representation to be treated differently;
  2. (b) require the production of information or documents in order to enable a representation to be properly considered;
  3. (c) authorise the disclosure of information or documents relevant to a representation—
    1. (i) to a person or body who is further considering a representation under the regulations; or
    2. (ii) to the Commission for Local Administration in England (when a representation is referred to it under the regulations);
    and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.".'.

No. 306, in page 49, line 45, at end insert—

'(1 A) After section 26ZA of that Act (as inserted by subsection (1)) insert— 26ZB Representations: further consideration (Wales)

(1) The Secretary of State may by regulations make provision for the further consideration of representations which have been considered by a local authority in Wales under section 24D or section 26.

(2) The regulations may in particular make provision—

  1. (a) for the further consideration of a representation by an independent panel established under the regulations;
  2. (b) about the procedure to be followed on the further consideration of a representation;
  3. (c) for the making of recommendations about the action to be taken as the result of a representation;
  4. (d) about the making of reports about a representation;
  5. (e) about the action to be taken by the local authority concerned as a result of the further consideration of a representation;
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  6. (f) for a representation to be referred back to the local authority concerned for reconsideration by the authority.

(3) The regulations may require—

  1. (a)the making of a payment, in relation to the further consideration of a representation under this section, by any local authority in respect of whose functions the representation is made;
  2. (b) any such payment to be—
    1. (i) made to such person or body as may be specified in the regulations;
    2. (ii) of such amount as may be specified in, or calculated or determined under, the regulations; and
  3. (c) for an independent panel to review the amount chargeable under paragraph (a) in any particular case and, if the panel thinks fit, to substitute a lesser amount.

(4) The regulations may also—

  1. (a) provide for different parts or aspects of a representation to be treated differently;
  2. (b) require the production of information or documents in order to enable a representation to be properly considered;
  3. (c) authorise the disclosure of information or documents relevant to a representation to a person or body who is further considering a representation under the regulations;
and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.".'.

No. 307, in page 50, line 5, after '26ZA', insert 'or 26ZB'.—[Dr. Ladyman.]

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