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Local Government and Public Involvement in Health Bill

moved Amendment No. 116: 116: Clause 62, page 33, line 37, leave out subsection (8) and insert— ““(8) Omit subsections (5) and (6).”” The noble Lord said: This is a slightly curious diversion down the byways of the Local Government Act 2000. When we researched the Bill and looked at this clause and others, we were all surprised to discover that Section 11(5) and (6) of the 2000 Act provide for an elected executive arrangement. Section 11(5) says that the executive of the authority, "““may take any such form as may be prescribed in regulations made by the Secretary of State””—" I think that Henry VIII might have been proud of that clause—and subsection (6) says: "““Regulations under subsection (5) may, in particular, provide for … a form of executive some or all of the members of which are elected by the local government electors for the authority’s area to a specified post in the executive associated with the discharge of particular functions””," and, "““a form of executive some or all of the members of which are elected by those electors but not to any such post””," and the system of voting can be decided by the Secretary of State. In a sense, I wonder what we have been talking about over the past couple of hours, except that we now have a much more prescribed system to discuss. As there is a proposal in the Bill for a new system of arrangements based on a clearly prescribed elected executive, what is the purpose of maintaining this antique, seven year-old legislation, which has been so popular that no one has taken it up? At the very least, it is redundant and should be removed from the law of England. I beg to move.