12244.51-54

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Localism Bill

51

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

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

EU financial sanctions)(5)(c);

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

“EU financial sanction” has the meaning given by section (Power to

require Welsh public authorities to make payments in respect of certain EU

financial sanctions)(5)(a);

“final notice” means a notice under section (Final notices);

“functions” and “Welsh devolved functions” are to be construed in

accordance with section (Meaning of “Welsh public authority” and

related terms)(3) and (4);

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

meaning given by section (Power to require Welsh public authorities to

make payments in respect of certain EU financial sanctions)(5)(b);

“Minister of the Crown” has the same meaning as in the Ministers of

the Crown Act 1975;

“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;

“warning notice” means a notice under section (Warning notices);

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

“Welsh public authority” and related terms)(2).”
Clause 39
95
Page 36, line 13, at end insert—

“(8)
Sub-paragraph (6) of paragraph 4 of Schedule 8 to the Local Government

Finance Act 1988 (contributions regulations for a financial year to be in

force by preceding 1 January) does not apply to regulations under that

paragraph in their application to the financial year beginning in 2012 so far

as they make provision related to the operation of section 47 of that Act as

amended by this Act.”
Clause 42
96
Leave out Clause 42
Clause 43
97
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Clause 44
98
Leave out Clause 44
Clause 45
99
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Clause 46
100
Leave out Clause 46

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Clause 47
101
Leave out Clause 47
Clause 48
102
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Clause 49
103
Leave out Clause 49
Clause 50
104
Leave out Clause 50
Clause 51
105
Leave out Clause 51
Clause 52
106
Leave out Clause 52
Clause 53
107
Leave out Clause 53
Clause 54
108
Leave out Clause 54
Clause 55
109
Leave out Clause 55
Clause 56
110
Leave out Clause 56
Clause 57
111
Leave out Clause 57
Clause 58
112
Leave out Clause 58
Clause 61
113
Page 47, line 17, leave out “and (e)” and insert “, (e) and (f)”
Clause 62
114
Page 49, line 34, leave out second “a” and insert “the”

53

Clause 68
115
Page 57, line 35, at end insert—

“(2A)
The persons or bodies who may be specified by regulations under

subsection (2)(d) include a Minister of the Crown or a government

department.”
116
Page 57, line 41, after “functions” insert “in relation to England”
117
Page 58, line 16, after second “body” insert “, other than a public or local authority,”
Clause 69
118
Page 58, line 35, leave out subsection (5)
Clause 70
119
Page 59, line 7, leave out subsection (4) and insert—

“(4)
A relevant authority must specify—

(a)
the minimum period that will elapse between—

(i)
the date of the relevant authority’s decision to accept an

expression of interest, and

(ii)
the date on which it will begin the procurement exercise

required by subsection (2) as a result of that acceptance, and

(b)
the maximum period that will elapse between those dates.

(4A)
The relevant authority may specify different periods for different cases.

(4B)
The relevant authority must publish details of a specification under

subsection (4) in such manner as it thinks fit (which must include

publication on the authority’s website).

(4C)
The relevant authority must comply with a specification under subsection

(4).”
Clause 71
120
Page 59, line 30, leave out subsection (3) and insert—

“(3)
A relevant authority must specify the maximum period that will elapse

between—

(a)
the date on which it receives an expression of interest submitted by

a relevant body, and

(b)
the date on which it notifies the relevant body of its decision in

respect of the expression of interest.

(3A)
The relevant authority may specify different periods for different cases.

(3B)
The relevant authority must publish details of a specification under

subsection (3) in such manner as it thinks fit (which must include

publication on the authority’s website).

(3C)
A relevant authority that receives an expression of interest from a relevant

body in accordance with this Chapter must notify the relevant body in

writing of the period within which it expects to notify the relevant body of

its decision in respect of the expression of interest.

54

(3D)
The relevant authority must give the notification under subsection (3C) —

(a)
where the expression of interest is one to which a specification

under section 69(2) relates and is made within a period so specified,

within the period of 30 days beginning immediately after the end of

the period so specified, or

(b)
otherwise, within the period of 30 days beginning with the day on

which the relevant authority receives the expression of interest.”
121
Page 59, line 34, leave out from “of” to “and” in line 35 and insert “its decision in

respect of the expression of interest within the period specified by it under

subsection (3),”
Clause 75
122
Page 61, line 36, leave out from “Chapter” to end of line 39 and insert “but subject

to regulations under subsection (2), a building or other land in a local authority’s

area is land of community value if in the opinion of the authority—

(a)
an actual current use of the building or other land that is not an

ancillary use furthers the social wellbeing or social interests of the

local community, and

(b)
it is realistic to think that there can continue to be non-ancillary use

of the building or other land which will further (whether or not in

the same way) the social wellbeing or social interests of the local

community.

(1A)
For the purposes of this Chapter but subject to regulations under

subsection (2), a building or other land in a local authority’s area that is not

land of community value as a result of subsection (1) is land of community

value if in the opinion of the local authority—

(a)
there is a time in the recent past when an actual use of the building

or other land that was not an ancillary use furthered the social

wellbeing or interests of the local community, and

(b)
it is realistic to think that there is a time in the next five years when

there could be non-ancillary use of the building or other land that

would further (whether or not in the same way as before) the social

wellbeing or social interests of the local community.

(2)
The appropriate authority may by regulations—”
123
Page 61, line 40, leave out from “that” to “a” in line 41
124
Page 62, line 1, leave out from “that” to first “a” in line 2
125
Page 62, line 6, leave out paragraph (c)
126
Page 62, line 25, at end insert—

““social interests” includes (in particular) each of the following—

(a)
cultural interests;

(b)
recreational interests;

(c)
sporting interests;”
Clause 76
127
Page 62, line 31, after “value” insert “only”
128
Page 62, line 43, leave out from “person” to end of line 44 and insert “that is a

voluntary or community body with a local connection.”