Local Government and Public Involvement in Health Bill

moved Amendments Nos. 191 to 193: 191: After Clause 74, insert the following new Clause— ““Larger authorities to cease operating alterative arrangements (1) This section applies to a local authority if— (a) the authority is operating alternative arrangements, and (b) the resident population of the authority’s area on 30th June 1999 was 85,000 or more. (2) The local authority must draw up proposals for— (a) ceasing to operate alternative arrangements, and (b) starting to operate executive arrangements which provide for a leader and cabinet executive (England). (3) The proposals must include all of the following— (a) a statement of the extent to which the functions specified in regulations under section 13(3)(b) of the Local Government Act 2000 are to be the responsibility of the leader and cabinet executive (England); (b) a timetable with respect to the implementation of the proposals; (c) details of any transitional arrangements which are necessary for the implementation of the proposals. (4) The timetable must be such as to ensure that the local authority will make the proposed move to executive arrangements no later than the day of the authority’s annual meeting in 2009. (5) After drawing up the proposals, the local authority must— (a) secure that copies of a document setting out the proposals are available at the authority’s principal office for inspection by members of the public at all reasonable times, and (b) publish in one or more newspapers circulating in its area a notice which— (i) states that the authority has drawn up the proposals, (ii) describes the main features of the proposals, (iii) states that copies of a document setting out the proposals are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and (iv) specifies the address of the principal office. (6) A resolution of the local authority is required in order for the authority to adopt the proposed leader and cabinet executive (England). (7) Section 29(2) of the Local Government Act 2000 applies to a resolution under subsection (6) as it applied to a resolution to operate executive arrangements. (8) If the local authority passes the resolution under subsection (6), the authority must make the move to the proposed leader and cabinet executive (England) in accordance with the timetable in the proposals. (9) Executive arrangements which come into operation in accordance with this section are to be treated as being operated after the passing of a resolution of the local authority under section 33F of the Local Government Act 2000. (10) In complying with this section, the local authority must comply with any directions given by the Secretary of State in connection with this section. (11) For the purposes of this section the resident population of any area on 30th June 1999 is to be taken to be the Registrar General’s estimate of that population on that date.”” 192: After Clause 74, insert the following new Clause— ““Failure to cease operating alternative arrangements (1) This section applies if— (a) section (Larger authorities to cease operating alternative arrangements) applies to a local authority, and (b) it appears to the Secretary of State that the local authority will fail to start to operate a leader and cabinet executive (England) by the day of the authority’s annual meeting in 2009. (2) The Secretary of State may by order specify executive arrangements for the local authority which provide for a leader and cabinet executive (England). (3) The leader and cabinet executive (England) which is provided for under subsection (2) shall come into operation on the day of the local authority’s annual meeting in 2009. (4) Arrangements which the Secretary of State specifies under sub-paragraph (2) are to be treated as having been made by the local authority itself. (5) Arrangements which come into operation in accordance with sub-paragraph (3) are to be treated as being operated after the passing of a resolution of the authority under section 33F of the Local Government Act 2000. (6) As soon as practicable after executive arrangements are specified under sub-paragraph (2), the local authority must comply with the following provisions of the Local Government Act 2000— (a) section 29(2)(a); (b) section 29(2)(b)(ii) to (v).”” 193: After Clause 74, insert the following new Clause— ““Sections (Larger authorities to cease operating alterative arrangements) and (Failure to cease operating alternative arrangements): supplementary (1) Section 33C of the Local Government Act 2000 does not apply to a local authority to which section (Larger authorities to cease operating alternative arrangements) applies. (2) Section 33I(1) of the Local Government Act 2000 is subject to sections (Larger authorities to cease operating alternative arrangements) and (Failure to cease operating alternative arrangements). (3) Subsection (4) applies to a local authority which— (a) starts to operate a leader and cabinet executive (England) in accordance with section (Larger authorities to cease operating alternative arrangements) or (Failure to cease operating alternative arrangements), and (b) draws up proposals for a change in those governance arrangements of the kind set out in section 33A of the Local Government Act 2000 (new form of executive). (4) For the purposes of section 33L of the Local Government Act 2000, the first permitted resolution period is to be the period which— (a) starts with 1 October 2010, and (b) ends with 31 December 2010; (rather than the other period ending with 31 December 2010 that is specified in the table in section 33P(5) of the Local Government Act 2000). (5) Expressions used in section (Larger authorities to cease operating alternative arrangements) or (Failure to cease operating alternative arrangements) that are also used in Part 2 of the Local Government Act 2000 have the same meanings in that section as in that Part.”” On Question, amendments agreed to. Clause 75 agreed to. Clause 76 [Supplementary provision]: [Amendment No. 194 not moved.] Clause 76 agreed to.