Clause 46
Welfare Reform Bill
6:00 pm
Amendments made: No. 70, in clause 46, page 38, leave out lines 7 to 10 and insert—
‘(3A) The Secretary of State may continue proceedings which have been brought by an authority under this section as if the proceedings had been brought in his name or he may discontinue the proceedings if—
(a) he makes provision under subsection (2)(a), such that the authority would no longer be entitled to bring the proceedings under this section,
(b) he gives a direction under subsection (2)(b) in relation to the proceedings, or
(c) a condition prescribed under subsection (3) ceases to be satisfied in relation to the proceedings.’.
No. 71, in clause 46, page 38, line 10, at end insert—
‘( ) In the exercise of its power under subsection (2), a local authority must have regard to the Code for Crown Prosecutors issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985—
(a) in determining whether the proceedings should be instituted;
(b) in determining what charges should be preferred;
(c) in considering what representations to make to a magistrates’ court about mode of trial;
(d) in determining whether to discontinue proceedings.’.—[Mrs. McGuire.]