HL Deb 24 July 2000 vol 616 cc84-8

284 Clause 70, page 47, line 16, after second ("member") insert ("(or former member or co-opted member)")

285 Page 47, line 20, at end insert— ("(8A) A member of the relevant Adjudication Panel who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an adjudication conducted by a case tribunal or interim case tribunal—

  1. (a) must disclose the nature of his interest to the president or deputy president of that Panel, and
  2. (b) may not be a member of a case tribunal or interim case tribunal which conducts an adjudication in relation to that matter.
(8B) Where there is no deputy president of the relevant Adjudication Panel, the reference in subsections (3) and (8A) to the deputy president is to be treated as a reference to such member of the Panel as the Lord Chancellor or (as the case may require) the National Assembly for Wales may specify.")

286 Page 47, line 26, leave out ("Secretary of State") and insert ("Lord Chancellor")

287 Page 47, line 28, at end insert— ("() The Lord Chancellor must obtain the consent of the Secretary of State before issuing any guidance under subsection (10).")

288 Clause 71, page 47, line 44, at end insert— ("() The president of the Adjudication Panel for England may, after consultation with the Secretary of State, give directions as to the practice and procedure to be followed by tribunals drawn from the Panel.

289 Clause 71, page 48, line 2, at end insert— ("() The president of the Adjudication Panel for Wales may, after consultation with the National Assembly for Wales, give directions as to the practice and procedure to be followed by tribunals drawn from the Panel.")

290 Page 48, line 12, leave out sub-paragraph (ii)

291 Page 48, line 15, at end insert ("(including provision with respect to interest and provision with respect to the enforcement of any such award)")

292 Clause 72, page 48, line 29, leave out (" 67") and insert (" 67(3)")

293 Page 48, line 33, leave out from ("concerned") to ("not") in line 39 and insert ("for a period which does")

294 Page 48, line 46, after ("must") insert ("give details of the suspension or partial suspension and")

295 Page 49, line 15, leave out ("cease to have effect on the day that") and insert ("not extend beyond the day on which")

296 Page 49, line 19, leave out ("member or co-opted member of the relevant authority concerned") and insert ("person")

297 Page 49, line 21, at end insert— ("() In a case where section 61(7) or 67(7) applies, the references in subsection (3) and (8)(b) to the relevant authority concerned are to be treated as including a reference to the relevant authority of which the person concerned was formerly a member or co-opted member.")

298 Page 49, line 28, at end insert ("or partial suspension")

299 Clause 73. page 49. line 39, leave out from ("(4)") to end of line 6 on page 50 and insert— ("(4) A person may be—

  1. (a) suspended or partially suspended from being a member or co-opted member of the relevant authority concerned, or
  2. (b) disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority.

300 Page 50, line 8, leave out ("or (5)(a)")

301 Page 50, line 9, after ("suspended") insert ("or partially suspended")

302 Page 50, line 12, leave out ("or (5)(b)")

303 Page 50, line 16, leave out ("or (5)")

304 Page 50, line 23, after ("suspended") insert ("or partially suspended")

305 Page 50, line 23, leave out ("or (5)(a)")

306 Page 50, line 28, after ("suspended") insert ("or partially suspended")

307 Page 50, line 28, leave out ("authority") and insert ("relevant authority concerned")

308 Page 50, line 29, leave out ("to the extent") and insert ("in the way")

309 Page 50, line 34, leave out ("or (5)(b)")

310 Page 50, line 39, leave out ("being elected or appointed, a member or co-opted") and insert ("becoming (whether by election or otherwise), a")

311 Page 51, line 6, at end insert— ("() Where the person concerned is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in the same country (that is to say, England or Wales)—

  1. (a) a copy of any notice under subsection (2), (8), or (11) must also be given to the standards committee of that other relevant authority,
  2. (b) the references in subsections (4)(a) and (9)(c) to the relevant authority concerned are to be treated as references to that other relevant authority,
  3. (c) the duty to give notice to the standards committee of the relevant authority concerned under subsection (9) is to be treated as a duty—
    1. (i) to give that notice to the standards committee of that other relevant authority, and
    2. (ii) to give a copy of that notice to the standards committee of the relevant authority concerned,
  4. (d) the reference in subsection (13)(c) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.")

312 Clause 74, page 51, line 14, leave out from beginning to ("about") in line 16 and insert ("A case tribunal which has adjudicated on any matter may make recommendations to a relevant authority")

313 Page 51, line 29, leave out ("must") and insert ("may")

314 Page 51, line 30, at end insert ("(and accordingly, in the case of a relevant authority to which section 101 of the Local Government Act 1972 applies, is not to be a function to which that section applies)")

315 Clause 75, page 52, line 4, leave out ("Every") and insert ("The monitoring officer of each")

316 Page 52, line 28, leave out subsections (6) to (9) and insert— ("(6) A relevant authority must ensure that copies of the register for the time being maintained by their monitoring officer under this section are available at an office of the authority for inspection by members of the public at all reasonable hours. (7) As soon as practicable after the establishment by their monitoring officer of a register under this section, a relevant authority must—

  1. (a) publish in one or more newspapers circulating in their area a notice which—
    1. (i) states that copies of the register are available at an office of the authority for inspection by members of the public at all reasonable hours, and
    2. (ii) specifies the address of that office, and
  2. (b) inform the Standards Board for England that copies of the register are so available.")

317 Clause 75, page 52, line 39, leave out ("Wales") and insert ("standards committees of relevant authorities in Wales (other than police authorities)")

318 Page 52, line 39, leave out ("(4)") and insert ("(5)")

319 Clause 76, page 52, line 45, at end insert ("and police authorities in Wales")

320 Page 53, line 3, at end insert ("(other than police authorities)")

321 Page 53, line 3, at end insert— ("() The power under subsection (1) or (2) to issue a code includes power—

  1. (a) to issue a separate code for council managers (within the meaning of Part II of this Act), and
  2. (b) to revise any code which has been issued.")

322 Page 53, line 6, leave out ("local government, and of local government employees, in England") and insert ("relevant authorities in England, and of employees of such authorities")

323 Page 53, line 9, at end insert— ("() Before making an order under this section so far as it relates to police authorities in Wales, the Secretary of State must consult—

  1. (a) such representatives of police authorities in Wales, and of employees of such authorities, as he considers appropriate,
  2. (b) the Commission for Local Administration in Wales, and
  3. (c) the National Assembly for Wales.")

324 Page 53, line 12, leave out ("local government, and of local government employees, in Wales") and insert ("relevant authorities in Wales, and of employees of such authorities,")

325 Page 53, line 19, leave out from ("code") to end of lire 20 and insert ("for the time being under this section which is applicable")

326 Page 53, line 22, leave out from ("means") to end of line 27 and insert ("an employee of the authority other than an employee falling with any description of employee specified in regulations under this subsection.

() The power to make regulations under subsection (7) is to be exercised—

  1. (a) in relation to England, by the Secretary of State, and
  2. (b) in relation to Wales, by the National Assembly for Wales.")

327 Clause 77, page 53, line 35, leave out ("has") and insert ("and "elected executive member" have")

328 Page 53, line 35, at end insert ("and (2)")

329 Page 53, line 38, leave out (", in relation to a local authority,")

330 Page 54, line 1, after ("code") insert ("of conduct"")

331 Page 54, line 2, at end insert— (""police authority" means a police authority established under section 3 of the Police Act 1996,")

332 Page 54, line 9, leave out subsections (2) to (4) and insert—

("(2) Any reference in this Part to a committee of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to a committee of an executive of the authority.

(3) Any reference in this Part to a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to an elected mayor or elected executive member of the authority.

(4) Any reference in this Part to a member of a relevant authority, in the case of the Greater London Authority, is a reference to the Mayor of London or a London Assembly member.

(5) Any reference in this Part to a joint committee or joint subcommittee of a relevant authority is a reference to a joint committee on which the authority is represented or a subcommittee of such a committee.

(6) Any reference in this Part to a failure to comply with a relevant authority's code of conduct includes a reference to a failure to comply with the mandatory provisions which apply to the members or co-opted members of the authority by virtue of section 47(4)(b).

(7) Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.

(8) The reference in subsection (6) to particular functions or particular responsibilities as a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to particular functions or particular responsibilities as a member of an executive of the authority.

(9) A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, but this subsection does not apply to a person who is partially suspended under this Part.

(10) A person who is suspended under this Part from being a member of a relevant authority to which Part II of this Act applies shall also be suspended, if he is a member of an executive of the authority, from being such a member, but this subsection does not apply to a person who is partially suspended under this Part.

(11) A person who is disqualified under this Part for being or becoming a member of a relevant authority shall also be disqualified—

  1. (a) for being or becoming a member of any committee, subcommittee, joint committee or joint sub-committee of the authority, and
  2. (b) if the authority is one to which Part II of this Act applies, for being or becoming a member of an executive of the authority.

(12) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a parish council is to be exercisable by or in relation to the monitoring officer of the district council or unitary county council which is the responsible authority in relation to the parish council; and any reference in this Part to the monitoring officer of a relevant authority which is a parish council is to be construed accordingly.

(13) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a community council is to be exercisable by or in relation to the monitoring officer of the county council or county borough council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly.

(14) Any functions which are conferred by virtue of this Part on a relevant authority to which Part II of this Act applies are not to be the responsibility of an executive of the authority under executive arrangements.

(15) Any functions which are conferred on the Greater London Authority by virtue of this Part are to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.

(16) Subsections (12) and (13) of section 51 are to apply for the purposes of subsection (12) as they apply for the purposes of that section.")

333 Clause 84, page 57, line 9, leave out ("and (5)(b)") and insert ("(5)(b), (7) and (8)")

334 Clause 85, page 57, line 22, after ("take") insert ("or has begun to take")

335 Page 57, line 27, after ("section") insert ("and section 19B")

336 Page 57, line 42, after ("taking") insert ("or continuing to take")

337 Page 57, line 44, leave out ("specified in the notice under paragraph (b)") and insert ("(as the case may be)")

338 Page 58, line 29, leave out ("a copy of a notice or statement") and insert ("any document")

339 Page 58, line 32, after first ("at") insert ("or sending it by post to")

340 Page 58, line 33, leave out ("revoked") and insert ("withdrawn")

341 Page 58, line 36, leave out ("order") and insert ("notice")

342 Page 58, line 37, leave out ("revocation") and insert ("withdrawal")

343 Page 58, line 41, leave out from beginning to second ("the") in line 45 and insert— ("() where the notice relates to a decision, to make or implement the decision, () where the notice relates to a course of action, to take or continue to take the course of action, or () where the notice relates to an item of account, to enter the item of account, unless and until")

344 Page 59, line 3, leave out ("reasons") and insert ("statement")

345 Page 59, line 4, leave out from ("19A(6)") to end of line 6 and insert ("the consequences of doing the thing mentioned in the paragraph of subsection (1) which is relevant,")

346 Page 59, line 7, after ("body") insert ("or officer")

347 Page 59, line 8, after ("auditor") insert ("of the accounts of the body")

348 Page 59, line 19, leave out ("revoked") and insert ("withdrawn")

349 After Clause 85, insert the following new clause—