12244.12-18

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Localism Bill

12

“(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

Construction Act 2009).”

(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

paragraph (c) insert—

“(d)
section 100(2) of the Local Transport Act 2008 (well-being

powers of Integrated Transport Authorities and combined

authorities),

(e)
section 102C(4) of that Act (Integrated Transport

Authorities),

(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—

“Chapter 2B

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

(1).

(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

13

(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

is transferred.

(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

charges, and

(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

authority.

(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

Minister of the Crown.”
10
Insert the following new Clause—

“Transfer schemes

(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

function is transferred.

(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

14

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

transferred;

(b)
property acquired, or rights or liabilities arising, after the making of

the order.

(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

rights transferred;

(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

transferee;

(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

scheme came into effect.

(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

employment.

(8)
In this section—

“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);

15

“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

schemes)

(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

authorities): procedure

(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

Parliament.

(2)
The Secretary of State must have regard to—

(a)
any representations,

(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

(2)(a), and

(b)
if any representations were so made, giving details of them.

16

(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

House of Parliament.

(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

House.

(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

order.

(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—

17

“Interpretation of Chapter

In this 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

the Crown Act 1975;

“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,

(b)
a district council,

(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

Act;

“public authority” includes a Minister of the Crown or a government

department;

“public function” means a function of a public authority that does not

consist of a power to make regulations or other instruments of a

legislative character.”
After Clause 13
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

amended as follows.

(2)
Omit the following provisions (which provide that councils may pass

resolutions to change their electoral schemes only in certain permitted

periods)—

(a)
section 33(4), (6) and (7) (district councils changing to whole-

council elections),

(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

thirds).

(3)
In section 33 (resolution for whole-council elections: requirements) after

subsection (3) insert—

“(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-

18

council-elections year” means 2013 and every fourth year

afterwards.”

(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)

substitute—

“(a)
the year specified under section 33(3A) in the resolution,

and

(b)
every fourth year afterwards.”

(5)
In section 34 (scheme for whole-council elections) after subsection (4)

insert—

“(4A)
Ordinary elections of councillors of the council under the previous

electoral scheme are to be held in accordance with that scheme in

any year that—

(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

held.

(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-

council elections.”

(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

elections”) insert—

“(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

held.””
Clause 16
15
Page 21, line 44, at end insert—