Session 2010 - 12
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Other Bills before Parliament

Lords Amendments to the Localism Bill


 
 

37

73

Page 30, line 47, leave out “local or”

74

Page 30, line 48, leave out “subsection (3)(b)” and insert “section (Matters to be

 

determined before a final notice is given)(4)”

75

Page 31, line 2, at end insert—

 

“(9)    

In this section and section (Matters to be determined before a final notice is

 

given) “the panel” means the panel established under section (Establishment

 

of independent panel) to deal with the EU financial sanction to which the

 

notice relates.”

After Clause 32

76

Insert the following new Clause—

 

“Matters to be determined before a final notice is given

 

(1)    

This section applies where—

 

(a)    

a warning notice has been given to a public authority; and

 

(b)    

the panel has considered all representations made to it under the

 

procedures set out in that notice.

 

(2)    

The panel must make, to a Minister of the Crown, a report on the matters

 

to which the representations made to the panel relate.

 

(3)    

The report—

 

(a)    

may be published by the panel in such manner as the panel thinks

 

fit and, if not published by the panel, must be published by the

 

Minister of the Crown to whom it is made in such manner as the

 

Minister of the Crown thinks fit;

 

(b)    

must include recommendations as to the determination of the

 

matters mentioned in subsection (4)(a) and (b);

 

(c)    

if the authority has made representations to the panel about

 

anything the authority considers relevant to any of the matters

 

mentioned in paragraphs (c) to (e) of subsection (4), must include

 

recommendations as to the determination of the matters mentioned

 

in those paragraphs; and

 

(d)    

must include the panel’s reasons for any recommendations

 

included in the report.

 

(4)    

After having had regard to the report, a Minister of the Crown must

 

determine the following matters—

 

(a)    

whether any acts of the authority did cause or contribute to the

 

infraction of EU law concerned and, in relation to any periodic

 

payments, whether any acts of the authority have continued, and

 

will continue, to cause or contribute to the continuation of that

 

infraction;

 

(b)    

the proportion of—

 

(i)    

the total amount of the sanction (being the amount to be

 

specified under section 33(2)(b) if a final notice is given),

 

and

 

(ii)    

any periodic payments not included in that total amount

 

(including both payments that have fallen due since the date

 

specified under section 32(6C)(b) and future periodic

 

payments),


 
 

38

 
 

    

that, in the light of the acts of the authority which are determined to

 

be relevant for the purposes of paragraph (a), is to be regarded as

 

reflecting the authority’s share of the responsibility for the

 

infraction of EU law concerned or, in relation to a periodic payment

 

mentioned in sub-paragraph (ii), the continuing infraction of EU

 

law concerned;

 

(c)    

whether the authority should be required to make any payment or

 

payments in respect of the EU financial sanction;

 

(d)    

if so, what payment or payments the authority should make

 

towards—

 

(i)    

the total amount of the sanction referred to in paragraph

 

(b)(i); and

 

(ii)    

any periodic payments referred to in paragraph (b)(ii); and

 

(e)    

when any such payment or payments should be made.

 

(5)    

In determining the matters mentioned in subsection (4)(c), (d) and (e) the

 

Minister of the Crown must have regard to—

 

(a)    

the effect on the authority’s finances of any amount it may be

 

required to pay and in particular, if the authority has mixed

 

functions, the need to avoid any prejudicial effect on the

 

performance by the authority of its devolved functions;

 

(b)    

the determination under subsection (4)(b); and

 

(c)    

any other relevant considerations.

 

(6)    

Before making a final decision on the matters mentioned in subsection

 

(4)(c), (d) and (e), the Minister of the Crown must invite—

 

(a)    

representations from the authority about the potential effect on its

 

finances and, if it has mixed functions, the effect on its devolved

 

functions of any amount it may be required to pay; and

 

(b)    

if the authority has mixed functions, representations from the

 

appropriate national authority.”

Clause 33

77

Page 31, line 4, leave out from “give” to end of line 8 and insert “a final notice to a

 

public authority only if a Minister of the Crown has decided in accordance with

 

section (Matters to be determined before a final notice is given) to impose a requirement

 

under this Part on the authority.”

78

Page 31, line 9, leave out subsections (2) to (6) and insert—

 

“(2)    

The final notice must—

 

(a)    

identify the EU financial sanction to which the notice relates;

 

(b)    

specify the total amount of the sanction (see subsection (3)) and,

 

where relevant, the amount and frequency of any future periodic

 

payments (see subsection (4));

 

(c)    

describe the acts of the authority that a Minister of the Crown has

 

under section (Matters to be determined before a final notice is given)(4)

 

determined—

 

(i)    

have caused or contributed to the infraction of EU law

 

concerned; or

 

(ii)    

have caused or contributed, or will continue to cause or

 

contribute, to the continuation of that infraction;

 

    

and set out the reasons for that determination;


 
 

39

 
 

(d)    

summarise the other determinations made by a Minister of the

 

Crown under section (Matters to be determined before a final notice is

 

given)(4) and set out the reasons for making them;

 

(e)    

specify the amount required to be paid by the authority towards the

 

total amount of the sanction and when it is to be paid (and if it is to

 

be paid in instalments, the instalments and the date on which they

 

become payable);

 

(f)    

specify the amount or proportion required to be paid towards any

 

future periodic payment (as defined for the purposes of paragraph

 

(b)) and the time when that amount is to be paid (or, if the notice so

 

provides the time when two or more such amounts are to be paid);

 

and

 

(g)    

specify how and to whom payments are to be made.

 

(3)    

In subsection (2)(b) and (e) the “total amount of the sanction” means the

 

sum of the following—

 

(a)    

the amount of the lump sum (if any) due from the United Kingdom

 

under the terms of the EU financial sanction (disregarding any

 

amount that falls to be excluded from the lump sum by virtue of

 

section (The EU financial sanctions to which Part 2 applies)(2)); and

 

(b)    

the total amount of the periodic payments (if any) which have fallen

 

due from the United Kingdom on or before a day specified in the

 

final notice (disregarding any amount that falls to be excluded from

 

any of those payments by virtue of section (The EU financial

 

sanctions to which Part 2 applies)(2));

 

    

and the day specified for the purposes of paragraph (b) must be no later

 

than the day on which the final notice is given to the authority.

 

(4)    

In subsection (2)(b) “future periodic payments” means periodic payments

 

due from the United Kingdom other than—

 

(a)    

any periodic payment taken into account in calculating the total

 

amount of the sanction; or

 

(b)    

any periodic payment, or any part of a periodic payment, that falls

 

to be excluded from the EU financial sanction by virtue of section

 

(The EU financial sanctions to which Part 2 applies)(2).

 

(5)    

The requirement to make payments towards periodic payments falling due

 

from the United Kingdom after the notice is given continues so long as

 

those periodic payments continue to fall due, unless a Minister of the

 

Crown gives the authority a notice under this subsection terminating the

 

requirement or varying it so as to make it less onerous for the authority.

 

(6)    

A notice under subsection (5) may be given, either on the application of the

 

authority or without such an application, where a Minister of the Crown

 

considers it appropriate in the light of a change in the circumstances which

 

applied when the final notice was given or when it was last varied (as the

 

case may be).

 

(7)    

A Minister of the Crown may—

 

(a)    

consult the panel, or refer any matter relating to the possible

 

termination or variation of the requirement for its advice or

 

recommendations;

 

(b)    

invite the authority to make representations; and

 

(c)    

if the authority has mixed functions, invite the appropriate national

 

authority to make representations,


 
 

40

 
 

    

before deciding whether to terminate or vary the requirement mentioned

 

in subsection (5).

 

(8)    

If the authority makes an application under subsection (6) a Minister of the

 

Crown may by notice to the authority suspend the requirement until

 

further notice (but this does not affect the liability to make any payment

 

once the suspension is ended, unless the final notice is varied to have that

 

effect).”

Clause 34

79

Leave out Clause 34

Clause 35

80

Leave out Clause 35

Clause 36

81

Leave out Clause 36

Clause 37

82

Page 33, line 38, leave out from beginning to end of line 1 on page 34 and insert—

 

““the appropriate national authority”, in relation to a public authority

 

with mixed functions, has the meaning given by section (Meaning of

 

“public authority” and related terms)(8);

 

“Article 260(2) proceedings” has the meaning given by section

 

31(8)(c);

 

“Court of Justice” means the Court of Justice of the European Union;

 

“EU financial sanction” has the meaning given by section 31(8)(a);

 

“final notice” means a notice under section 33;

 

“functions”, “non-devolved functions” and “devolved functions” are

 

to be construed in accordance with section (Meaning of “public

 

authority” and related terms);

 

“infraction of EU law”, in relation to an EU financial sanction, has the

 

meaning given by section 31(8)(b);”

83

Page 34, line 3, at end insert—

 

““periodic payment”, in relation to an EU financial sanction that is or

 

includes a penalty payment, means a payment due under the terms

 

of the penalty payment;

 

“public authority” has the meaning given in section (Meaning of

 

“public authority” and related terms)(2);

 

“public authority with mixed functions” has the meaning given by

 

section (Meaning of “public authority” and related terms)(7);

 

“warning notice” means a notice under section 32.”

84

Page 34, line 4, leave out subsection (2)

After Clause 37

85

Insert the following new Clause—


 
 

41

 
 

“Part

 

EU financial sanctions: Wales

 

Power to require Welsh public authorities to make payments in respect of

 

certain EU financial sanctions

 

(1)    

The Welsh Ministers may, in accordance with the provisions of this Part,

 

require Welsh public authorities to make payments of amounts determined

 

by the Welsh Ministers in respect of an EU financial sanction to which this

 

Part applies.

 

(2)    

A requirement to make a payment under this Part—

 

(a)    

may only be imposed on a Welsh public authority if—

 

(i)    

the authority has been designated under section

 

(Designation of Welsh public authorities); and

 

(ii)    

the EU financial sanction concerned is one to which the

 

designation applies; and

 

(b)    

must be imposed by a notice given to the authority under section

 

(Final notices) (referred to in this Part as a final notice).

 

(3)    

If a final notice is registered in accordance with rules of court or any

 

practice direction, it is enforceable in the same manner as an order of the

 

High Court.

 

(4)    

Any sums paid by a Welsh public authority under this Part are to be paid

 

into the Welsh Consolidated Fund.

 

(5)    

In this Part—

 

(a)    

“EU financial sanction” means a sanction consisting of a lump sum

 

or penalty payment (or both) imposed by the Court of Justice in

 

Article 260(2) proceedings for an infraction of EU law;

 

(b)    

“infraction of EU law”, in relation to an EU financial sanction,

 

means the failure to comply with a judgment of the Court of Justice

 

given in proceedings under Article 258 or 259 of the Treaty on the

 

Functioning of the European Union; and

 

(c)    

“Article 260(2) proceedings” means proceedings under Article

 

260(2) of that Treaty.”

86

Insert the following new Clause—

 

“Duty of the Welsh Ministers to issue a policy statement

 

(1)    

The Welsh Ministers must publish a statement of policy with respect to—

 

(a)    

the designation of Welsh public authorities under section

 

(Designation of Welsh public authorities);

 

(b)    

the imposition and variation of requirements to make payments

 

under this Part; and

 

(c)    

such other matters relating to the operation of the provisions of this

 

Part as the Welsh Ministers may think it appropriate to include in

 

the statement.

 

(2)    

The Welsh Ministers may from time to time revise and republish the

 

statement of policy required by this section.


 
 

42

 
 

(3)    

A revised statement of policy may include saving or transitional provisions

 

relating to the continued application for any purpose of any provisions of

 

an earlier published version of the statement.

 

(4)    

The Welsh Ministers must consult such persons as the Welsh Ministers

 

consider appropriate before publishing, or revising and republishing, the

 

statement of policy required by this section.

 

(5)    

In exercising functions under this Part in relation to an EU financial

 

sanction which has been or may be imposed on the United Kingdom—

 

(a)    

the Welsh Ministers, and

 

(b)    

a panel established under section (Establishment of independent panel

 

(No. 2)),

 

    

must have regard to the statement of policy most recently published under

 

this section.”

87

Insert the following new Clause—

 

“The EU financial sanctions to which Part (EU financial sanctions: Wales)

 

applies

 

(1)    

This Part applies to an EU financial sanction imposed on the United

 

Kingdom if—

 

(a)    

the sanction is imposed after the commencement of this Part, and

 

(b)    

the Welsh Ministers certify that this Part applies to the sanction.

 

(2)    

If a certificate under subsection (1)—

 

(a)    

specifies a part or parts of the EU financial sanction concerned, and

 

(b)    

states that this Part applies only to that part, or those parts, of the

 

sanction,

 

    

this Part applies to the sanction as if it included only that part or those

 

parts.

 

(3)    

A certificate under subsection (1)—

 

(a)    

may make different provision about any of the following—

 

(i)    

the lump sum (if any) paid by the United Kingdom;

 

(ii)    

any periodic payment due from the United Kingdom under

 

the terms of the EU financial sanction before the certificate

 

is given; and

 

(iii)    

any future periodic payment that may fall due from the

 

United Kingdom under those terms; and

 

(b)    

must be given in such form and published in such manner as the

 

Welsh Ministers think fit.

 

(4)    

Any provision of a certificate under subsection (1) which has the effect of

 

excluding the whole or part of any periodic payment mentioned in

 

subsection (3)(a)(iii) (including any such payment which has fallen due

 

from the United Kingdom since the earlier certificate was given) may be

 

varied by a further certificate under subsection (1).”

88

Insert the following new Clause—

 

“Meaning of “Welsh public authority” and related terms

 

(1)    

Subsections (2) to (5) define various terms used in this Part.


 
 

43

 
 

(2)    

“Welsh public authority” means—

 

(a)    

a council of a county or county borough in Wales; or

 

(b)    

any other person or body which has any Welsh devolved functions.

 

(3)    

References to functions are to functions of a public nature.

 

(4)    

References to Welsh devolved functions are to functions which are

 

exercisable in relation to Wales and could be conferred by provision falling

 

within the legislative competence of the National Assembly for Wales as

 

defined in section 108 of the Government of Wales Act 2006.

 

(5)    

The “appropriate national authority”, in relation to a Welsh public

 

authority with any functions other than Welsh devolved functions, means

 

the following national authority or authorities (according to whichever one

 

or more of the following paragraphs apply to that Welsh public

 

authority)—

 

(a)    

a Minister of the Crown, if the Welsh public authority has any

 

functions which are not devolved functions;

 

(b)    

the Scottish Ministers, if the Welsh public authority has any Scottish

 

devolved functions; and

 

(c)    

the relevant Northern Ireland Department, if the Welsh public

 

authority has any Northern Ireland devolved functions.

 

(6)    

In subsection (5)(a) “devolved functions” means—

 

(a)    

Welsh devolved functions;

 

(b)    

Scottish devolved functions; or

 

(c)    

Northern Ireland devolved functions.

 

(7)    

In subsections (5) and (6)—

 

“Northern Ireland devolved functions” means functions which could

 

be conferred by provision included in an Act of the Northern

 

Ireland Assembly made without the consent of the Secretary of

 

State (see sections 6 to 8 of the Northern Ireland Act 1998);

 

“Scottish devolved functions” means functions the exercise of which

 

would be within devolved competence (within the meaning of

 

section 54 of the Scotland Act 1998).”

89

Insert the following new Clause—

 

“Designation of Welsh public authorities

 

(1)    

The Welsh Ministers may by order designate a Welsh public authority for

 

the purposes of this Part.

 

(2)    

The order must—

 

(a)    

specify the Welsh public authority by name;

 

(b)    

identify any EU financial sanction to which the designation applies;

 

and

 

(c)    

describe the activities of the authority which are covered by the

 

designation.

 

(3)    

The order may identify an EU financial sanction for the purposes of

 

subsection (2)(b) by—

 

(a)    

specifying an EU financial sanction that has been imposed on the

 

United Kingdom;


 
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