|
|
| |
| | |
|
| “(1ZD) | An Integrated Transport Authority is not to be treated as a |
|
| local authority for the purposes of section 111 above (but see |
|
| section 102B of the Local Transport Act 2008). |
|
| (1ZE) | Neither an economic prosperity board, nor a combined |
|
| authority, is to be treated as a local authority for the |
|
| purposes of section 111 above (but see section 113A of the |
|
| Local Democracy, Economic Development and |
|
| |
| (2) | In section 93(7) of the Local Government Act 2003 (provisions that do not |
|
| count as prohibitions on charging for the purposes of section 93(2)(b)) after |
|
| |
| “(d) | section 100(2) of the Local Transport Act 2008 (well-being |
|
| powers of Integrated Transport Authorities and combined |
|
| |
| (e) | section 102C(4) of that Act (Integrated Transport |
|
| |
| (f) | section 10B(4) of the Transport Act 1968 (Passenger |
|
| Transport Executives), and |
|
| (g) | section 113B(4) of the Local Democracy, Economic |
|
| Development and Construction Act 2009 (economic |
|
| prosperity boards and combined authorities).”” |
|
8 | Insert the following new Clause— |
|
| |
| Transfer and delegation of functions to certain authorities |
|
| Power to transfer local public functions to permitted authorities |
|
| (1) | The Secretary of State may by order make provision— |
|
| (a) | transferring a local public function from the public authority whose |
|
| function it is to a permitted authority; |
|
| (b) | about the discharge of local public functions that are transferred to |
|
| permitted authorities under this section (including provision |
|
| enabling the discharge of those functions to be delegated). |
|
| (2) | An order under this section may modify any enactment (whenever passed |
|
| or made) for the purpose of making the provision mentioned in subsection |
|
| |
| (3) | The power to modify an enactment in subsection (2) is a power— |
|
| (a) | to apply that enactment with or without modifications, |
|
| (b) | to extend, disapply or amend that enactment, or |
|
| (c) | to repeal or revoke that enactment with or without savings. |
|
| (4) | An order under this section may disapply, or modify the application of, |
|
| Chapter 4 of Part 1A of the Local Government Act 2000 (changing local |
|
| authority governance arrangements) in relation to a county council or |
|
| district council to which the order transfers a local public function. |
|
| (5) | The Secretary of State may not make an order under this section unless the |
|
| Secretary of State considers that it is likely that making the order would— |
|
| (a) | promote economic development or wealth creation, or |
|
|
|
| |
| | |
|
| (b) | increase local accountability in relation to each local public function |
|
| transferred by the order. |
|
| (6) | For the purposes of subsection (5)(b), in relation to a local public function, |
|
| local accountability is increased if the exercise of the function becomes |
|
| more accountable to persons living or working in the area of the permitted |
|
| authority to which it is transferred. |
|
| (7) | The Secretary of State may not make an order under this section unless the |
|
| Secretary of State considers that the local public function transferred by the |
|
| order can appropriately be exercised by the permitted authority to which it |
|
| |
| (8) | The Secretary of State may not make an order under this section |
|
| transferring a local public function to a permitted authority unless the |
|
| authority has consented to the transfer. |
|
| (9) | Before making an order under this section, the Secretary of State must |
|
| consult such persons as the Secretary of State considers appropriate.” |
|
9 | Insert the following new Clause— |
|
| “Delegation of functions by Ministers to permitted authorities |
|
| (1) | A Minister of the Crown may, to such extent and subject to such conditions |
|
| as that Minister thinks fit, delegate to a permitted authority any of the |
|
| Minister’s eligible functions. |
|
| (2) | A function is eligible for the purposes of subsection (1) if— |
|
| (a) | it does not consist of a power to make regulations or other |
|
| instruments of a legislative character or a power to fix fees or |
|
| |
| (b) | the Minister of the Crown considers that it can appropriately be |
|
| exercised by the permitted authority. |
|
| (3) | No delegation under subsection (1), and no variation of a delegation under |
|
| that subsection, may be made without the agreement of the permitted |
|
| |
| (4) | Before delegating a function under subsection (1), the Minister of the |
|
| Crown must consult such persons as the Minister considers appropriate. |
|
| (5) | A delegation under subsection (1) may be revoked at any time by any |
|
| |
10 | Insert the following new Clause— |
|
| |
| (1) | The Secretary of State may make a scheme for the transfer of property, |
|
| rights or liabilities from the person who, or body which, would have a local |
|
| public function but for an order under section (Power to transfer local public |
|
| functions to permitted authorities) to the permitted authority to which the |
|
| |
| (2) | A Minister of the Crown may make a scheme for the transfer from the |
|
| Crown to a permitted authority of such property, rights or liabilities as the |
|
| Minister of the Crown considers appropriate in consequence of a |
|
| delegation, or the variation of a delegation, under section (Delegation of |
|
|
|
| |
| | |
|
| functions by Ministers to permitted authorities) of a function of any Minister of |
|
| the Crown to the permitted authority. |
|
| (3) | A Minister of the Crown may make a scheme for the transfer from a |
|
| permitted authority to the Crown of such property, rights or liabilities as |
|
| the Minister of the Crown considers appropriate in consequence of a |
|
| variation or revocation of a delegation under section (Delegation of functions |
|
| by Ministers to permitted authorities) of a function of any Minister of the |
|
| Crown to the permitted authority. |
|
| (4) | The things that may be transferred under a transfer scheme include— |
|
| (a) | property, rights or liabilities that could not otherwise be |
|
| |
| (b) | property acquired, or rights or liabilities arising, after the making of |
|
| |
| (5) | A transfer scheme may make consequential, supplementary, incidental |
|
| and transitional provision and may in particular make provision— |
|
| (a) | for a certificate issued by a Minister of the Crown to be conclusive |
|
| evidence that property has been transferred; |
|
| (b) | creating rights, or imposing liabilities, in relation to property or |
|
| |
| (c) | about the continuing effect of things done by or in relation to the |
|
| transferor in respect of anything transferred; |
|
| (d) | about the continuation of things (including legal proceedings) in |
|
| the process of being done by, on behalf of or in relation to the |
|
| transferor in respect of anything transferred; |
|
| (e) | for references to the transferor in an instrument or other document |
|
| relating to anything transferred to be treated as references to the |
|
| |
| (f) | for the shared ownership or use of property; |
|
| (g) | that has the same or similar effect as the TUPE regulations (so far as |
|
| those regulations do not apply in relation to the transfer). |
|
| (6) | A transfer scheme may provide— |
|
| (a) | for modification by agreement; |
|
| (b) | for modifications to have effect from the date when the original |
|
| |
| (7) | For the purposes of this section— |
|
| (a) | an individual who holds employment in the civil service is to be |
|
| treated as employed by virtue of a contract of employment, and |
|
| (b) | the terms of the individual’s employment in the civil service are to |
|
| be regarded as constituting the terms of the contract of |
|
| |
| |
| “civil service” means the civil service of the State; |
|
| “transferee”, in relation to a transfer scheme, means the person to |
|
| whom property, rights or liabilities are transferred by the scheme; |
|
| “transferor”, in relation to a transfer scheme, means the person from |
|
| whom property, rights or liabilities are transferred by the scheme; |
|
| “transfer scheme” means a scheme for the transfer of property, rights |
|
| or liabilities under subsection (1), (2) or (3); |
|
|
|
| |
| | |
|
| “TUPE regulations” means the Transfer of Undertakings (Protection |
|
| of Employment) Regulations 2006 (SI 2006/246); |
|
| references to rights and liabilities include rights and liabilities relating |
|
| to a contract of employment; |
|
| references to the transfer of property include the grant of a lease.” |
|
11 | Insert the following new Clause— |
|
| “Duty to consider proposals for exercise of powers under sections (Power to |
|
| transfer local public functions to permitted authorities) and (Transfer |
|
| |
| (1) | If the Secretary of State receives a relevant proposal from a permitted |
|
| authority, the Secretary of State must— |
|
| (a) | consider the proposal, and |
|
| (b) | notify the permitted authority of what action, if any, the Secretary |
|
| of State will take in relation to the proposal. |
|
| (2) | The Secretary of State may by regulations specify criteria to which the |
|
| Secretary of State must have regard in considering a relevant proposal. |
|
| (3) | For the purposes of this section, a “relevant proposal” is a proposal— |
|
| (a) | for the exercise of the Secretary of State’s powers in sections (Power |
|
| to transfer local public functions to permitted authorities) and (Transfer |
|
| schemes) in relation to the permitted authority, and |
|
| (b) | that is accompanied by such information and evidence as the |
|
| Secretary of State may specify by regulations. |
|
| (4) | Before making regulations under this section, the Secretary of State must |
|
| consult such persons as the Secretary of State considers appropriate.” |
|
12 | Insert the following new Clause— |
|
| “Orders under section (Power to transfer local public functions to permitted |
|
| |
| (1) | Before making an order under section (Power to transfer local public functions |
|
| to permitted authorities), the Secretary of State must lay a draft of the |
|
| instrument containing the order (the “draft order”) before each House of |
|
| |
| (2) | The Secretary of State must have regard to— |
|
| |
| (b) | any resolution of either House of Parliament, and |
|
| (c) | any recommendations of a committee of either House of Parliament |
|
| charged with reporting on the draft order, |
|
| | made during the 60-day period with regard to the draft order. |
|
| (3) | If, after the expiry of the 60-day period, the Secretary of State wishes to |
|
| make an order in the terms of the draft order, the Secretary of State must |
|
| lay before Parliament a statement— |
|
| (a) | stating whether any representations were made under subsection |
|
| |
| (b) | if any representations were so made, giving details of them. |
|
|
|
| |
| | |
|
| (4) | The Secretary of State may after the laying of such a statement make an |
|
| order in the terms of the draft order if it is approved by a resolution of each |
|
| |
| (5) | However, a committee of either House charged with reporting on the draft |
|
| order may, at any time after the laying of the statement under subsection |
|
| (3) and before the draft order is approved by that House under subsection |
|
| (4), recommend under this subsection that no further proceedings be taken |
|
| in relation to the draft order. |
|
| (6) | Where a recommendation is made by a committee of either House under |
|
| subsection (5) in relation to a draft order, no proceedings may be taken in |
|
| relation to the draft order in that House under subsection (4) unless the |
|
| recommendation is, in the same Session, rejected by a resolution of that |
|
| |
| (7) | If, after the expiry of the 60-day period, the Secretary of State wishes to |
|
| make an order consisting of a version of the draft order with material |
|
| changes, the Secretary of State must lay before Parliament— |
|
| (a) | a revised draft order, and |
|
| (b) | a statement giving details of— |
|
| (i) | any representations made under subsection (2)(a), and |
|
| (ii) | the revisions proposed. |
|
| (8) | The Secretary of State may after laying a revised draft order and statement |
|
| under subsection (7) make an order in the terms of the revised draft order |
|
| if it is approved by a resolution of each House of Parliament. |
|
| (9) | However, a committee of either House charged with reporting on the |
|
| revised draft order may, at any time after the revised draft order is laid |
|
| under subsection (7) and before it is approved by that House under |
|
| subsection (8), recommend under this subsection that no further |
|
| proceedings be taken in relation to the revised draft order. |
|
| (10) | Where a recommendation is made by a committee of either House under |
|
| subsection (9) in relation to a revised draft order, no proceedings may be |
|
| taken in relation to the revised draft order in that House under subsection |
|
| (8) unless the recommendation is, in the same Session, rejected by |
|
| resolution of that House. |
|
| (11) | For the purposes of subsections (4) and (8) an order is made in the terms of |
|
| a draft order if it contains no material changes to the provisions of the draft |
|
| |
| (12) | If a draft of an instrument containing an order under section (Power to |
|
| transfer local public functions to permitted authorities) would, apart from this |
|
| subsection, be treated for the purposes of the standing orders of either |
|
| House of Parliament as a hybrid instrument, it is to proceed in that House |
|
| as if it were not such an instrument. |
|
| (13) | In this section, the “60-day period” means the period of 60 days beginning |
|
| with the day on which the draft order was laid before Parliament. |
|
| (14) | In calculating the period mentioned in subsection (13), no account is to be |
|
| taken of any time during which Parliament is dissolved or prorogued or |
|
| during which either House is adjourned for more than four days.” |
|
13 | Insert the following new Clause— |
|
|
|
| |
| | |
|
| “Interpretation of Chapter |
|
| |
| “enactment” includes an enactment contained in a local Act or |
|
| comprised in subordinate legislation (within the meaning of the |
|
| Interpretation Act 1978); |
|
| “Minister of the Crown” has the same meaning as in the Ministers of |
|
| |
| “local public function”, in relation to a permitted authority, means a |
|
| public function in so far as it relates to— |
|
| (a) | the permitted authority’s area, or |
|
| (b) | persons living, working or carrying on activities in that area; |
|
| “permitted authority” means— |
|
| (a) | a county council in England, |
|
| |
| (c) | an economic prosperity board established under section 88 |
|
| of the Local Democracy, Economic Development and |
|
| Construction Act 2009, or |
|
| (d) | a combined authority established under section 103 of that |
|
| |
| “public authority” includes a Minister of the Crown or a government |
|
| |
| “public function” means a function of a public authority that does not |
|
| consist of a power to make regulations or other instruments of a |
|
| |
|
14 | Insert the following new Clause— |
|
| “Timetables for changing English district councils’ electoral schemes |
|
| (1) | The Local Government and Public Involvement in Health Act 2007 is |
|
| |
| (2) | Omit the following provisions (which provide that councils may pass |
|
| resolutions to change their electoral schemes only in certain permitted |
|
| |
| (a) | section 33(4), (6) and (7) (district councils changing to whole- |
|
| |
| (b) | section 38(4), (6) and (7) (non-metropolitan district councils |
|
| reverting to elections by halves), and |
|
| (c) | section 40(4), (6) and (7) (district councils reverting to elections by |
|
| |
| (3) | In section 33 (resolution for whole-council elections: requirements) after |
|
| |
| “(3A) | The resolution must specify the year for the first ordinary elections |
|
| of the council at which all councillors are to be elected. |
|
| (3B) | In the case of a district council for a district in a county for which |
|
| there is a county council, the year specified under subsection (3A) |
|
| may not be a county-council-elections year; and here “county- |
|
|
|
| |
| | |
|
| council-elections year” means 2013 and every fourth year |
|
| |
| (4) | In section 34(2) (years in which whole-council elections to a district council |
|
| are to be held if scheme under section 34 applies) for paragraphs (a) and (b) |
|
| |
| “(a) | the year specified under section 33(3A) in the resolution, |
|
| |
| (b) | every fourth year afterwards.” |
|
| (5) | In section 34 (scheme for whole-council elections) after subsection (4) |
|
| |
| “(4A) | Ordinary elections of councillors of the council under the previous |
|
| electoral scheme are to be held in accordance with that scheme in |
|
| |
| (a) | is earlier than the year specified under section 33(3A) in the |
|
| resolution for whole-council elections, and |
|
| (b) | is a year in which, under the previous electoral scheme, |
|
| ordinary elections of councillors of the council are due to be |
|
| |
| (4B) | In subsection (4A) “the previous electoral scheme” means the |
|
| scheme for the ordinary elections of councillors of the council that |
|
| applied to it immediately before it passed the resolution for whole- |
|
| |
| (6) | After section 31 insert— |
|
| “31A | Minimum period between resolutions to change electoral schemes |
|
| If a council passes a resolution under section 32, 37 or 39 (“the |
|
| earlier resolution”) it may not pass another resolution under any of |
|
| those sections before the end of five years beginning with the day |
|
| on which the earlier resolution is passed.” |
|
| (7) | In section 57 of the Local Democracy, Economic Development and |
|
| Construction Act 2009 (requests for review of single-member electoral |
|
| areas by councils subject to a scheme for whole-council elections) after |
|
| subsection (4) (meaning of “subject to a scheme for whole-council |
|
| |
| “(4A) | A district council is also “subject to a scheme for whole-council |
|
| elections” for those purposes if— |
|
| (a) | section 34 of the Local Government and Public Involvement |
|
| in Health Act 2007 (scheme for whole-council elections) |
|
| applies to the council, but |
|
| (b) | by virtue of subsection (4A) of that section (temporary |
|
| continuation of previous electoral scheme), not all the |
|
| members of the council are to be elected in a year in which |
|
| ordinary elections of members of the council are to be |
|
| |
|
15 | Page 21, line 44, at end insert— |
|
|