Local Government (Miscellaneous Provisions) Bill
MARSHALLED LIST OF AMENDMENTS
CONSIDERATION STAGE
Tuesday 2 February 2010
Amendments tabled up to 9.30am Thursday, 28 January 2010
The Bill will be considered in the following order-
Clauses and Long Title
Amendment 1 [Made]
Clause 1 , Page 1, Line 19
Leave out subsection (3) and insert -
‘(3) A provision of this Part does not apply to a contract which a district council enters into before the commencement of that provision.’
Minister of the Environment
Amendment 2 [Made]
Clause 2 , Page 2, Line 26
Leave out from beginning to ‘case,’ in line 28
Minister of the Environment
Amendment 3 [Made]
New Clause
After clause 12 insert -
‘Referral to Department where consent refused or granted subject to conditions
. -(1) This section applies where -
(a) the consent of a statutory transition committee is required in relation to a proposed disposal or contract of an existing council; and
(b) that consent is refused by the statutory transition committee or is given subject to conditions.
(2) The existing council may refer the decision of the statutory transition committee to the Department.
(3) Where the decision of a statutory transition committee is referred to the Department under this section, the Department may -
(a) confirm that decision;
(b) if consent has been given subject to conditions, amend or revoke any such condition;
(c) if consent has been refused, grant consent unconditionally or subject to conditions.
(4) The decision of the Department under this section in relation to any consent or conditions -
(a) has effect for the purposes of this Chapter (except this section) as if made by the statutory transition committee; and
(b) is final.’
Minister of the Environment
Amendment 4 [Made]
Clause 14 , Page 9, Line 11
Leave out subsection (4) and insert -
‘(4) Those regulations shall ensure that -
(a) the statutory transition committee in relation to the new council for the district of Belfast consists of members of the predecessor council and members of Castlereagh Borough Council and Lisburn City Council;
(b) the statutory transition committee in relation to any other new council consists of members of the predecessor councils.’
Minister of the Environment
Amendment 5 [Made]
Clause 14 , Page 9, Line 17
Leave out ‘predecessor council’ and insert ‘council mentioned in subsection (4)’
Minister of the Environment
Amendment 6 [Made]
Clause 16 , Page 10, Line 23
At end insert -
‘( ) the Local Government (Miscellaneous Provisions) ( Northern Ireland) Order 2002 (NI 3);’
Minister of the Environment
Amendment 7 [Made]
New Clause
After clause 16 insert -
‘ Guidance to statutory transition committees
. -(1) The Department may issue guidance to statutory transition committees as to the exercise of their functions.
(2) It is the duty of a statutory transition committee to have regard to any guidance issued by the Department.’
Minister of the Environment
Amendment 8 [Made]
Clause 17 , Page 11, Line 5
At end insert -
‘(2A) Where the method of calculating the amount of severance payment depends on length of service, the regulations must provide that any period during which a councillor was a member of -
(a) the Assembly, or
(b) the House of Commons,
shall be disregarded.’
Mr Danny Kinahan
Mr John McCallister
Amendment 9 [Made]
New Clause
After clause 17 insert -
‘Chapter 5
Power to modify legislation
Power to modify legislation in connection with local government re-organisation
. -(1) The Department may by regulations make such modifications of local government or rating legislation as in the opinion of the Department are necessary or expedient for the purpose of preparing for, or giving full effect to, the reorganisation of local government provided for by the Local Government (Boundaries) Act (Northern Ireland) 2008 (c. 7).
(2) In this section “local government legislation” and “rating legislation” have the meanings given by section 16(2).’
Minister of the Environment
Amendment 10 [Made]
New Clause
After clause 18 insert -
‘Exercise of waste management functions of councils
Exercise of waste management functions of councils
. -(1) For the purposes of this section -
“joint committee” means a committee appointed by two or more district councils under section 19 of the Local Government Act (Northern Ireland) 1972 (c. 9) and “incorporated joint committee” means a joint committee in relation to which an order under subsection (9) of that section is in force;
“waste management functions” are functions exercisable by a district council or incorporated joint committee -
(a) under Part 2 of the Waste and Contaminated Land ( Northern Ireland) Order 1997 (NI 19); or
(b) for the purposes of, or in connection with, the exercise of such functions;
“waste management contract” means a contract for the purposes of, or in connection with, the carrying out of waste management functions.
(2) A district council has power to enter into a waste management contract containing -
(a) terms under which the council guarantees, or provides warranties or indemnities in relation to, the performance by any other district council or any incorporated joint committee of its obligations under that or any other waste management contract;
(b) terms which impose joint or several liability on the council and any other district council or incorporated joint committee in respect of a breach of a term of that or any other waste management contract.
(3) Two or more district councils (“the participating councils”) may enter into an agreement under which one of those councils (“the lead council”) is to act on behalf, and in the name, of all the participating councils in relation to the exercise of such waste management functions of the participating councils as are specified in the agreement (“the specified waste management functions”).
(4) Where such an agreement is in force -
(a) the lead council has all such powers as are necessary to give effect to the agreement including in particular -
(i) power to act on behalf, and in the name, of all the participating councils in relation to the exercise of the specified waste management functions;
(ii) power to exercise the specified waste management functions of other participating councils, including functions relating to acquiring and holding property, borrowing money and entering into waste management contracts;
(iii) power to receive and hold property on behalf of, and in the name of, participating councils;
(b) any other participant council has all such powers as are necessary to give effect to the agreement including in particular power -
(i) to borrow money for that purpose; and
(ii) to make payments to the lead council for that purpose.
(5) Nothing in this section is to be construed as derogating from any power of a council exercisable otherwise than by virtue of this section.’
Minister of the Environment
Amendment 11 [Made]
Clause 19 , Page 11, Line 28
At end insert -
‘and
(c) section (Exercise of waste management functions of councils)(1) and (2) (contracts for waste management purposes).’
Minister of the Environment
Amendment 12 [Made]
Clause 19 , Page 11, Line 35
At end insert -
‘and
(c) section (Exercise of waste management functions of councils)(1) and (2) (contracts for waste management purposes).’
Minister of the Environment
Amendment 13 [Made]
Clause 20 , Page 12, Line 5
After ‘3’ insert ‘or 5’
Minister of the Environment
Amendment 14 [Made]
Long Title
After ‘councillors;’ insert ‘to make provision in relation to the exercise of waste management functions of district councils;’
Minister of the Environment