LOCAL GOVERNMENT (BEST VALUE) BILL
MARSHALLED LIST OF AMENDMENTS
CONSIDERATION STAGE
MONDAY 04 FEBRUARY 200

Amendments tabled up to and including Thursday 31 January 2002

The Bill will be considered in the following order -

Clauses and Long Title

Amendment 1 [Made]

Clause 1, Page 1, Line 13

Leave out subsections (3) to (5).

Minister of the Environment

Clause 2 [Clause removed]

The Members listed below give notice of their intention to oppose the question that Clause 2 stand part of the Bill.

Chair, Statutory Committee for the Environment

Clause 3 [Clause removed]

The Members listed below give notice of their intention to oppose the question that Clause 3 stand part of the Bill.

Chair, Statutory Committee for the Environment

Clause 4 [Clause removed]

The Members listed below give notice of their intention to oppose the question that Clause 4 stand part of the Bill.

Chair, Statutory Committee for the Environment

Clause 5 [Clause removed]

The Members listed below give notice of their intention to oppose the question that Clause 5 stand part of the Bill.

Chair, Statutory Committee for the Environment

Clause 7 [Clause removed]

The Members listed below give notice of their intention to oppose the question that Clause 7 stand part of the Bill.

Chair, Statutory Committee for the Environment

Amendment 2 [Made]

New Clause

After clause 7 insert-

'Power to modify statutory provisions and confer new powers

.¾ (1) If the Department thinks that a statutory provision prevents or obstructs compliance by councils with the duty under section 1(1), the Department may by order make provision modifying or excluding the application of the provision in relation to councils.

(2) The Department may by order make provision conferring on councils any power which the Department considers necessary or expedient to permit or facilitate compliance with the duty under section 1(1).

(3) In exercising a power conferred under subsection (2) a council shall have regard to any guidance issued by the Department.

(4) An order under this section may¾

(a) impose conditions on the exercise of any power conferred by the order (including conditions about consultation or approval);

(b) amend a statutory provision;

(c) include supplementary, incidental, consequential and transitional provisions.

(5) No order shall be made under this section unless a draft has been laid before, and approved by resolution of, the Assembly.

(6) Before the Department makes an order under this section it shall consult¾

(a) persons appearing to it to represent councils; and

(b) such other persons as appear to the Department to be representative of interests affected by the proposals.

(7) If, following consultation under subsection (6), the Department proposes to make an order under this section it shall lay before the Assembly a document explaining the proposals and, in particular¾

(a) setting them out in the form of a draft order; and

(b) giving details of consultation under subsection (6).

(8) Where a document relating to proposals is laid before the Assembly under subsection (7), no draft of an order under this section to give effect to the proposals (with or without modification) shall be laid before the Assembly until after the expiry of the statutory period beginning with the day on which the document was laid.

(9) In preparing a draft order under this section the Department shall consider any representations made during the period mentioned in subsection (8).

(10) A draft order laid before the Assembly in accordance with subsection (5) must be accompanied by a statement of the Department giving details of¾

(a) any representations considered in accordance with subsection (9); and

(b) any changes made to the proposals contained in the document laid before the Assembly under subsection (7).'.

Minister of the Environment

Amendment 3 [Made]

Clause 8, Page 5, Line 16

Leave out from beginning to end of line 17.

Minister of the Environment

Amendment 4 [Made]

Clause 8, Page 5, Line 18

Leave out 'principal Act' and insert 'Local Government Act (Northern Ireland) 1972 (c. 9)'.

Minister of the Environment

Amendment 5 [Made]

Clause 9, Page 5, Line 21

Leave out subsection (1).

Chair, Statutory Committee for the Environment

Amendment 6 [Made]

Long Title

Leave out from 'imposing' to 'effectiveness' and insert 'placing on district councils a general duty to make arrangements for continuous improvement in the way in which their functions are exercised'.

Minister of the Environment