UK Parliament / Open data

Local Democracy, Economic Development and Construction Bill [HL]

My Lords, these amendments relate to the duty of listed public authorities to secure the involvement of representatives of interested persons in the exercise of their functions. I will deal with the government amendment first, and then I will address Amendment 97, tabled by the noble Baroness, Lady Hamwee. I hope the noble Lord does not mind if I address his amendment although he has not spoken to it. Amendment 96 is a minor technical amendment to take out the reference to an economic prosperity board and combined authority in subsection (2)(j). I explained in Committee that this amendment was required because economic prosperity boards in combined authorities are in fact best-value authorities by virtue of the amendment already made to Section 1 of the Local Government Act 1999 by paragraph 91 of Schedule 6 to the Bill. They will therefore be under the duty to involve contained in Section 138 of the Local Government and Public Involvement in Health Act 2007, so they are redundant here. Amendment 97, which was tabled by the noble Baroness, Lady Hamwee, and the noble Lord, Lord Tope, proposes adding all those partner authorities to which the duty to co-operate to agree local performance targets applies, as listed in Section 104 of the Local Government and Public Involvement in Health Act 2007. As I have already explained, this amendment is unnecessary. We used the list in Section 104 as a basis for those partner authorities to which we are extending the duty to involve. However, it is not a straightforward matter of adopting the same list. It has been necessary to consider each of the bodies and whether it is necessary or desirable to include them in the list for the duty to involve in this Bill. A number of the bodies on the list proposed by the amendment are best-value authorities, which already have a duty to involve under Section 138 of the Local Government and Public Involvement in Health Act 2007. We believe that others have a comparable duty or sufficient requirements in other legislation to involve interested persons, so that further provision in this Bill is not necessary. Amendment 96 agreed.

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Reference

709 c221-2 

Session

2008-09

Chamber / Committee

House of Lords chamber
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