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Session 2010 - 12
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Other Bills before Parliament

Lords Amendments to the Localism Bill


 
 

 

LORDS amendments to the

Localism Bill

[The page and line references are to HL Bill 71, the bill as first printed for the Lords.]

Clause 9

1

Page 15, line 30, leave out “5C(7)” and insert “5C(7)(b)”

2

Page 16, line 13, leave out “5C(7)” and insert “5C(7)(b)”

Clause 10

3

Page 18, line 17, at end insert—

 

“(5A)    

Subject to subsection (5B), section 18A(1) does not authorise charging for

 

action taken under section 6.

 

(5B)    

Subsection (5A) does not prevent charging for the giving of advice, other

 

than advice of the kind mentioned in section 6(2)(b), in relation to premises

 

where a trade, business or other undertaking is carried on (whether for

 

profit or not).”

After Clause 10

4

Insert the following new Clause—

 

Chapter 2A

 

Other authorities

 

Integrated Transport Authorities

 

In Part 5 of the Local Transport Act 2008 (integrated transport authorities

 

etc) after section 102A insert—

 
 
Bill 24455/1

 
 

2

 
 

Chapter 4

 

General powers

 

102B  

Powers of Integrated Transport Authorities

 

(1)    

An ITA may do—

 

(a)    

anything the ITA considers appropriate for the purposes of

 

the carrying-out of any of the ITA’s functions (the ITA’s

 

“functional purposes”),

 

(b)    

anything the ITA considers appropriate for purposes

 

incidental to the ITA’s functional purposes,

 

(c)    

anything the ITA considers appropriate for purposes

 

indirectly incidental to the ITA’s functional purposes

 

through any number of removes,

 

(d)    

anything the ITA considers to be connected with—

 

(i)    

any of the ITA’s functions, or

 

(ii)    

anything the ITA may do under paragraph (a), (b) or

 

(c), and

 

(e)    

for a commercial purpose anything which the ITA may do

 

under any of paragraphs (a) to (d) otherwise than for a

 

commercial purpose.

 

(2)    

Where subsection (1) confers power on an ITA to do something, it

 

confers power (subject to section 102C) to do it anywhere in the

 

United Kingdom or elsewhere.

 

(3)    

An ITA’s power under subsection (1) is in addition to, and is not

 

limited by, the other powers of the ITA.

 

(4)    

Subsection (5) applies if there is, in relation to an ITA—

 

(a)    

a Passenger Transport Executive established under section

 

9 of the TA 1968 for the integrated transport area of the ITA,

 

or

 

(b)    

an executive body established by virtue of section 79(1)(a) or

 

84(2)(d).

 

(5)    

The ITA may delegate to the Executive or body the ITA’s function

 

of taking action under subsection (1) (but not the function of

 

determining what action to take).

 

102C  

Boundaries of power under section 102B

 

(1)    

Section 102B(1) does not enable an ITA to do—

 

(a)    

anything which the ITA is unable to do by virtue of a pre-

 

commencement limitation, or

 

(b)    

anything which the ITA is unable to do by virtue of a post-

 

commencement limitation which is expressed to apply—

 

(i)    

to the ITA’s power under section 102B(1),

 

(ii)    

to all of the ITA’s powers, or

 

(iii)    

to all of the ITA’s powers but with exceptions that

 

do not include the ITA’s power under section

 

102B(1).

 

(2)    

If exercise of a pre-commencement power of an ITA is subject to

 

restrictions, those restrictions apply also to exercise of the power


 
 

3

 
 

conferred on the ITA by section 102B(1) so far as it is overlapped by

 

the pre-commencement power.

 

(3)    

Section 102B(1) does not authorise an ITA to borrow money.

 

(4)    

Section 102B(1)(a) to (d) do not authorise an ITA to charge a person

 

for anything done by the ITA otherwise than for a commercial

 

purpose (but see section 93 of the Local Government Act 2003

 

(power of ITAs and other best value authorities to charge for

 

discretionary services)).

 

(5)    

Section 102B(1)(e) does not authorise an ITA to do things for a

 

commercial purpose in relation to a person if a statutory provision

 

requires the ITA to do those things in relation to the person.

 

(6)    

Where under section 102B(1)(e) an ITA does things for a

 

commercial purpose, it must do them through—

 

(a)    

a company within the meaning given by section 1(1) of the

 

Companies Act 2006, or

 

(b)    

a society registered or deemed to be registered under the

 

Co-operative and Community Benefit Societies and Credit

 

Unions Act 1965 or the Industrial and Provident Societies

 

Act (Northern Ireland) 1969.

 

(7)    

In this section—

 

“post-commencement limitation” means a prohibition,

 

restriction or other limitation imposed by a statutory

 

provision that—

 

(a)    

is contained in an Act passed after the end of the

 

Session in which the Localism Act 2011 is passed, or

 

(b)    

is contained in an instrument made under an Act

 

and comes into force on or after the commencement

 

of section (Integrated Transport Authorities) of that

 

Act;

 

“pre-commencement limitation” means a prohibition,

 

restriction or other limitation imposed by a statutory

 

provision that—

 

(a)    

is contained in an Act passed no later than the end of

 

the Session in which the Localism Act 2011 is passed,

 

or

 

(b)    

is contained in an instrument made under an Act

 

and comes into force before the commencement of

 

section (Integrated Transport Authorities) of that Act;

 

“pre-commencement power” means power conferred by a

 

statutory provision that—

 

(a)    

is contained in an Act passed no later than the end of

 

the Session in which the Localism Act 2011 is passed,

 

or

 

(b)    

is contained in an instrument made under an Act

 

and comes into force before the commencement of

 

section (Integrated Transport Authorities) of that Act;

 

“statutory provision” means a provision of an Act or of an

 

instrument made under an Act.


 
 

4

 
 

102D  

Power to make provision supplemental to section 102B

 

(1)    

The Secretary of State may by order made by statutory instrument

 

make provision preventing ITAs from doing under section 102B(1)

 

anything which is specified, or is of a description specified, in the

 

order.

 

(2)    

The Secretary of State may by order made by statutory instrument

 

provide for the exercise by ITAs of power conferred by section

 

102B(1) to be subject to conditions, whether generally or in relation

 

to doing anything specified, or of a description specified, in the

 

order.

 

(3)    

The power under subsection (1) or (2) may be exercised in relation

 

to—

 

(a)    

all ITAs,

 

(b)    

particular ITAs, or

 

(c)    

particular descriptions of ITAs.

 

(4)    

Before making an order under subsection (1) or (2) the Secretary of

 

State must consult—

 

(a)    

such representatives of ITAs,

 

(b)    

such representatives of local government, and

 

(c)    

such other persons (if any),

 

    

as the Secretary of State considers appropriate.

 

(5)    

Subsection (4) does not apply to an order under subsection (1) or (2)

 

which is made only for the purpose of amending an earlier such

 

order—

 

(a)    

so as to extend the earlier order, or any provision of the

 

earlier order, to a particular ITA or to ITAs of a particular

 

description, or

 

(b)    

so that the earlier order, or any provision of the earlier

 

order, ceases to apply to a particular ITA or to ITAs of a

 

particular description.

 

(6)    

Power to make an order under this section includes—

 

(a)    

power to make different provision for different cases,

 

circumstances or areas, and

 

(b)    

power to make incidental, supplementary, consequential,

 

transitional or transitory provision or savings.

 

(7)    

The Secretary of State may not make an order to which subsection

 

(8) applies unless a draft of the statutory instrument containing the

 

order (whether alone or with other provisions) has been laid before,

 

and approved by a resolution of, each House of Parliament.

 

(8)    

This subsection applies to—

 

(a)    

an order under subsection (1), other than one that is made

 

only for the purpose mentioned in subsection (5)(b);

 

(b)    

an order under subsection (2), other than one that is made

 

only for that purpose or for imposing conditions on the

 

doing of things for a commercial purpose.

 

(9)    

A statutory instrument that—

 

(a)    

contains an order made under this section, and


 
 

5

 
 

(b)    

is not subject to any requirement that a draft of the

 

instrument be laid before, and approved by a resolution of,

 

each House of Parliament,

 

    

is subject to annulment in pursuance of a resolution of either House

 

of Parliament.””

5

Insert the following new Clause—

 

“Passenger Transport Executives

 

(1)    

In Part 2 of the Transport Act 1968 (integrated transport authorities etc)

 

after section 10 insert—

 

“10A  

Further powers of Executives

 

(1)    

The Executive of an integrated transport area in England may do—

 

(a)    

anything the Executive considers appropriate for the

 

purposes of the carrying-out of any of the Executive’s

 

functions (the Executive’s “functional purposes”),

 

(b)    

anything the Executive considers appropriate for purposes

 

incidental to the Executive’s functional purposes,

 

(c)    

anything the Executive considers appropriate for purposes

 

indirectly incidental to the Executive’s functional purposes

 

through any number of removes,

 

(d)    

anything the Executive considers to be connected with—

 

(i)    

any of the Executive’s functions, or

 

(ii)    

anything the Executive may do under paragraph (a),

 

(b) or (c), and

 

(e)    

for a commercial purpose anything which the Executive

 

may do under any of paragraphs (a) to (d) otherwise than

 

for a commercial purpose.

 

(2)    

Where subsection (1) confers power on the Executive to do

 

something, it confers power (subject to section 10B) to do it

 

anywhere in the United Kingdom or elsewhere.

 

(3)    

The Executive’s power under subsection (1) is in addition to, and is

 

not limited by, the other powers of the Executive.

 

10B    

Boundaries of power under section 10A

 

(1)    

Section 10A(1) does not enable the Executive to do—

 

(a)    

anything which the Executive is unable to do by virtue of a

 

pre-commencement limitation, or

 

(b)    

anything which the Executive is unable to do by virtue of a

 

post-commencement limitation which is expressed to

 

apply—

 

(i)    

to the Executive’s power under section 10A(1),

 

(ii)    

to all of the Executive’s powers, or

 

(iii)    

to all of the Executive’s powers but with exceptions

 

that do not include the Executive’s power under

 

section 10A(1).

 

(2)    

If exercise of a pre-commencement power of the Executive is subject

 

to restrictions, those restrictions apply also to exercise of the power


 
 

6

 
 

conferred on the Executive by section 10A(1) so far as it is

 

overlapped by the pre-commencement power.

 

(3)    

Section 10A(1) does not authorise the Executive to borrow money.

 

(4)    

Section 10A(1)(a) to (d) do not authorise the Executive to charge a

 

person for anything done by the Executive otherwise than for a

 

commercial purpose, but this does not limit any power to charge

 

that the Executive has otherwise than under section 10A(1)(a) to (d).

 

(5)    

Section 10A(1)(e) does not authorise the Executive to do things for

 

a commercial purpose in relation to a person if a statutory provision

 

requires the Executive to do those things in relation to the person.

 

(6)    

Where under section 10A(1)(e) the Executive does things for a

 

commercial purpose, it must do them through—

 

(a)    

a company within the meaning given by section 1(1) of the

 

Companies Act 2006, or

 

(b)    

a society registered or deemed to be registered under the

 

Co-operative and Community Benefit Societies and Credit

 

Unions Act 1965 or the Industrial and Provident Societies

 

Act (Northern Ireland) 1969.

 

(7)    

In this section—

 

“post-commencement limitation” means a prohibition,

 

restriction or other limitation imposed by a statutory

 

provision that—

 

(a)    

is contained in an Act passed after the end of the

 

Session in which the Localism Act 2011 is passed, or

 

(b)    

is contained in an instrument made under an Act

 

and comes into force on or after the commencement

 

of section (Passenger Transport Executives)(1) of that

 

Act;

 

“pre-commencement limitation” means a prohibition,

 

restriction or other limitation imposed by a statutory

 

provision that—

 

(a)    

is contained in an Act passed no later than the end of

 

the Session in which the Localism Act 2011 is passed,

 

or

 

(b)    

is contained in an instrument made under an Act

 

and comes into force before the commencement of

 

section (Passenger Transport Executives)(1) of that Act;

 

“pre-commencement power” means power conferred by a

 

statutory provision that—

 

(a)    

is contained in an Act passed no later than the end of

 

the Session in which the Localism Act 2011 is passed,

 

or

 

(b)    

is contained in an instrument made under an Act

 

and comes into force before the commencement of

 

section (Passenger Transport Executives)(1) of that Act;

 

“statutory provision” means a provision of an Act or of an

 

instrument made under an Act.


 
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Revised 2 November 2011