Local Government and Public Involvement in Health Bill

I am rather glad that the noble Lord, Lord Greaves, has finished commenting on the clause stand part debate because as my words mirrored his almost exactly we would not have taken each other any further on that. However, we shall come back with answers to his questions. Amendments Nos. 204CT and 204CU would prevent a reorganisation order made by a principal council, or regulations made by the Secretary of State to supplement that order, from excluding or modifying provisions made under Section 90 of the Local Government Act 1972 and Section 36 of the Representation of the People Act 1983. I shall set out why we resist the amendments of the noble Lord, Lord Greaves. A reorganisation order provides for community governance arrangements to be put in place in a principal council’s area, or for changes to be made to those arrangements. Section 90 of the Local Government Act 1972 provides for a person who is elected or co-opted as a councillor to fill a casual vacancy to hold office until the date on which the person to whose place they were elected or appointed would have retired. In relation to an existing council where elections are to be held in a year other than a normal parish council year, Clause 100 could be used to cut short or prolong the term of office of a councillor who is filling a casual vacancy. Parliamentary and local government elections must be held in accordance with rules made under Section 36 of the Representation of the People Act 1983. In relation to parish councils, the local elections rules 1983 deal with matters such as casual vacancies. They specify when a by-election is required to be held, how soon after a vacancy has arisen an election must be held and so on. They also deal with matters such as the giving of notice of an election, the nomination of candidates and contested elections. These provisions therefore ensure that local authorities and the Secretary of State have the full range of powers available to them to enable reorganisation orders effectively to implement new community governance arrangements. This ensures that as smooth a transition as possible may be made following the reorganisation of community governance in an area. Therefore, I ask the noble Lord to withdraw his amendments to Clause 100.