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Local Government and Public Involvement in Health Bill

moved Amendment No. 26: 26: Clause 5, page 4, line 28, leave out ““not currently a local government area”” and insert ““currently outside all local government areas”” The noble Baroness said: My Lords, we now have a change of pace and perhaps I can bring some aid and comfort to the noble Lord, Lord Dixon-Smith. We are bringing forward a number of technical amendments to Part 1. I wrote to noble Lords on 1 October 2007 setting out why these amendments are required, I will briefly cover some of the key points for the record. Amendments Nos. 26, 34 and 41 are drafting improvements. We wish to put it beyond doubt that a proposed area may not extend into an area that is currently outside all local government areas; for example, a part of a Welsh county, the City of London or one of the Temples. Therefore, we are amending the Bill to clarify that proposals for unitary local government submitted under the Bill’s provisions may not extend to such an area. Amendment No. 31 makes a minor drafting amendment at Clause 7 to clarify that the Secretary of State may decide not to implement a joint proposal for more than one local authority. The existing wording may have suggested that a joint proposal would always be implemented, which clearly is not necessarily the case. Amendment No. 32 to Clause 7 allows the Secretary of State to request further information from the Boundary Committee relating to an alternative proposal for structural change that it has submitted. This provision will enable the Secretary of State to seek information before making a decision on the Boundary Committee’s recommendations. This provision shows consistency with Clause 4(2) under which the Secretary of State can ask the Boundary Committee for advice in relation to a proposal submitted by a local authority. We are also proposing a drafting amendment—Amendment No. 36—to Clause 10, under which the Secretary of State can ask the Boundary Committee for advice or information in relation to a recommendation of a boundary change. This amendment will make it clear that the information or advice that the Secretary of State can request is on any matter relating to the recommendation. This provision will ensure that the Secretary of State may request information and advice, for example, in relation to changes to principal council electoral arrangements and/or parish boundaries in parish council arrangements which may need to be made within an order under Clause 10. Amendment No. 35 inserts a new paragraph (e) into Clause 8(4), again, to put beyond doubt the fact that any recommendation for boundary change must ensure that the current pattern of local government is retained across England. This pattern is unitary counties, counties comprising a number of districts, metropolitan and non-metropolitan, and London boroughs. Amendment No. 36 ensures that the Boundary Committee cannot recommend the abolition of a local government area which will lead to a gap in the pattern of local government areas in England. So, for example, if the committee can recommend the abolition of one district and the merger of its area with that of another district, the committee could not simply recommend the abolition of a district under the power in Clause 8(3)(b), as that would evidently leave a gap in the pattern of local government areas. Amendments Nos. 37 and 38 make technical drafting changes to Clause 11, so that orders can contain provision for matters connected to the implementation of a proposal or recommendation. Amendment No. 47 makes a technical amendment to Clause 15 which ensures that it is clear that statutory instruments made under previous legislation can be amended by an order under Clauses 7 and 10, no matter when those statutory instruments are made. Amendments Nos. 224, 247, 248 and 254 make necessary changes to Schedules 1, 6 and 19. These amendments are technical in nature and ensure that the provisions we are introducing can be used effectively and make improvements to the drafting of a number of clauses. I beg to move.