division_name: Local Government Bill
motion: <p pid="a.438.2/1" pwmotiontext="moved">moved Amendment No. 4:</p>
  
  <p class="indent" pid="a.438.2/2" pwmotiontext="moved">After Clause 100, insert the following new clause&#8212;</p>
  
  <p pid="a.438.2/3" pwmotiontext="moved">"FREEDOM AND FLEXIBILITY (1) The powers in this Act shall be exercised by the Secretary of State in accordance with a general duty to increase the freedom and flexibility of operation of any local authority that has been assessed as "excellent" or "good" in its most recent comprehensive performance assessment.</p>
  
  <p pid="a.438.2/4" pwmotiontext="moved">(2) When issuing any regulations or directions under this Act or the Local Government Act 1988 (c. 9) or the Local Government Finance Act 1992 (c. 14) that he intends to apply to a local authority or local authorities that have been placed in the top two tiers of classification in accordance with the provisions set out in section 100 of this Act, the Secretary of State shall at the same time publish a statement explaining how the regulation or direction concerned will increase the freedom and flexibility of such authorities and in what way it will devolve decision-making to local level. (3) In exercising powers to make an order under section 101 the Secretary of State must have regard to subsections (1) and (2) above.</p>
  
  <p class="indent" pid="a.438.2/5" pwmotiontext="moved">(4) The Secretary of State shall, in accordance with the classifications provided for in section 100, ensure that the following reductions in inspection activity for all inspectorates are made so that&#8212;</p>
  
  <p pid="a.438.2/6" pwmotiontext="moved">(a) for authorities in the top tier of classification there shall be no external inspections during the period of the order made in section 100(4), and</p>
  
  <p pid="a.438.2/7" pwmotiontext="moved">(b) for authorities in the next tier of classification there shall be a reduction in inspections of at least 50 per cent during the period of the order made in section 100(4). (5) Regulations made under Sections 11 and 26 of this Act shall not apply to any authority that has been placed in the top two tiers of classification in accordance with the provisions set out in section 100, except with the prior agreement of the local authority concerned.</p>
  
  <p class="indent" pid="a.438.2/8" pwmotiontext="moved">(6) In section 11 of the Local Government Act 2000 (c. 22) (local authority executives), after subsection (5) there is inserted&#8212;</p>
  
  <p pid="a.438.2/9" pwmotiontext="moved">(5A) The duty under this section does not apply to authorities that are classified under section 100 of the Local Government Act 2003 in the top two tiers of performance."</p>
  
  <p pid="a.445.1/1" pwmotiontext="considered">On Question, Whether the said amendment (No. 4) shall be agreed to?</p>
  
  <p pid="a.445.1/2" pwmotiontext="divided">Their Lordships divided: Contents, 101; Not-Contents, 138.</p>