HL Deb 24 July 2000 vol 616 cc56-9

(" .—(1) In deciding whether to make regulations under section 11(6) prescribing a particular form of executive, or which provision to make under section 16 in relation to that form of executive, the Secretary of State must have regard to—

  1. (a) any proposals made to him under subsection (2),
  2. (b) the extent to which he considers that the operation by a local authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way,
  3. (c) the extent to which that form of executive differs from the forms of executive for the time being permitted by or under section 11,
  4. (d) the number and description of authorities for which he considers that that form of executive, if prescribed in regulations made under section 11(6), would be an appropriate form of executive to consider.

(2) For the purposes of subsection (1), a local authority may propose to the Secretary of State a form of executive in relation to which the authority consider that the conditions mentioned in subsection (3) are satisfied.

(3) Those conditions are—

  1. (a) that the operation by the authority of executive arrangements involving that form of executive would be an improvement on the arrangements which the authority have in place for the discharge of their functions at the time that the proposal is made to the Secretary of State,
  2. (b) that the operation by the authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way, and
  3. (c) that that form of executive, if prescribed in regulations made under section 11(6), would be an appropriate form of executive for all local authorities, or for any particular description of local authority, to consider.

(4) A proposal under subsection (2)—

  1. (a) must describe the form of executive to which it relates,
  2. (b) must describe the provision which the authority consider should be made under section 16 in relation to that form of executive, and
  3. (c) must explain why the authority consider that the conditions mentioned in subsection (3) are satisfied in relation to that form of executive.")

18 Clause 12, page 7, line 10, at end insert— ("() Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of a local authority which is not specified in regulations under subsection (2) is to be the responsibility of an executive of the authority under executive arrangements.")

19 Page 7, line 22, leave out subsection (3)

20 Page 7, line 25, leave out ("may") and insert ("must")

21 Page 7, line 28, after ("authority") insert—

("() to be a function which is not to be the responsibility of such an executive,")

22 Page 8, line 14, leave out paragraph (b) and insert—

("(b) may be discharged only in accordance with any provisions made by or under this Part which apply to the discharge of any such function by that form of executive.")

23 Page 8, line 16, at beginning insert ("Accordingly")

24 Page 8, line 31, at end insert—

("() Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.")

25 Clause 14, page 10, line 21, after ("makes") insert ("or has made")

26 Page 10, line 22, leave out ("at that or any subsequent time")

27 Page 10, line 27, leave out second ("executive")

28 Clause 15, page 10, line 39, leave out ("executive") and insert ("council manager")

29 Page 10, line 42, leave out ("council manager") and insert ("executive")

30 Page 10, line 43, at end insert—

("(2A) In deciding—

  1. (a) whether or how to discharge any functions, or
  2. (b) whether to arrange for any functions to be discharged by the executive or an officer of the authority,
the council manager must have regard to any advice given by the elected mayor.")

31 Page 10, line 45, leave out first ("council manager") and insert ("executive")

32 Page 10, line 45, leave out second ("council manager") and insert ("executive")

33 Page 11, line 1, leave out ("an executive or council manager") and insert ("a council manager or executive")

34 Page 11, line 2, leave out ("a council manager") and insert ("an executive")

35 Page 11, line 3, leave out ("executive or council manager") and insert ("council manager or executive")

36 Clause 17, page 11, line 26, after second ("committee") insert ("or sub-committee")

37 Page 11, line 27, leave out from ("authority") to end of line 29 and insert ("which satisfies the conditions in subsection (4),")

38 Page 11, line 30, at end insert—

("(4) A committee or sub-committee of a local authority satisfies the conditions in this subsection if—

  1. (a) the committee or sub-committee is established to discharge functions in respect of part of the area of the authority,
  2. (b) the members of the committee or sub-committee who are members of the authority are elected for electoral divisions or wards which fall wholly or partly within that part, and
  3. (c) either or both of the conditions in subsection (5) are satisfied in relation to that part.

(5) Those conditions are—

  1. (a) that the area of that part does not exceed two-fifths of the total area of the authority,
  2. (b) that the population of that part, as estimated by the authority, does not exceed two-fifths of the total population of the area of the authority as so estimated.")

39 Clause 18, page 12, line 2, leave out first ("is") and insert ("are")

40 Page 12, line 20, leave out (" 15(3) and (4)") and insert ("15(2A) to (4)")

41 Clause 19, page 12, line 41, after ("section") insert ("101(2) or")

42 Page 12, line 46, after ("section") insert ("101(2) or")

43 Page 13, line 6, at end insert ("committee or")

44 Clause 20, page 13, line 30, leave out ("and") and insert ("or")

45 Page 13, line 31, leave out ("their inhabitants") and insert ("the inhabitants of that area")

46 Page 13, line 40, at beginning insert ("Subject to subsection (4A)")

47 Page 13, line 41, at end insert—

("(4A) If or to the extent that a local authority's function of conducting best value reviews under section 5 of the Local Government Act 1999 is not the responsibility of an executive of the authority, the authority may arrange for their overview and scrutiny committee (or any of their overview and scrutiny committees) to conduct such a review.")

48 Page 13, line 45, at end insert—

("() A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (5)(b).")

49 Page 14, line 27, at end insert—

("() Subsections (2) and (5) of section 102 of the Local Government Act 1972 are to apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.")

50 Page 14, line 28, at end insert ("or a sub-committee of such a committee")

51Page 14,line 33,at end insert—

("() A person is not obliged by subsection (11) to answer any question which he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.")

Lord Whitty

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 17 to 51. I have already spoken to these amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 17 to 51.—(Lord Whitty.) On Question, Motion agreed to.