Session 2010 - 12
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Other Bills before Parliament

Lords Amendments to the Localism Bill


 
 

55

129

Page 63, line 2, leave out paragraph (b)

130

Page 63, line 3, at end insert—

 

“(za)    

the meaning in subsection (2)(b)(iii) of “voluntary or community

 

body”;

 

(zb)    

the conditions that have to be met for a person to have a local

 

connection for the purposes of subsection (2)(b)(iii);”

Clause 78

131

Page 63, line 38, at end insert—

 

    

“but where it appears to the authority that it is not reasonably practicable

 

to give a notice under this subsection to a person to whom it is required to

 

be given, the authority must instead take reasonable alternative steps for

 

the purpose of bringing the notice to the person’s attention.”

132

Page 64, line 4, leave out subsection (5)

Clause 80

133

Page 65, line 9, after “land” insert “—

 

(a)    

may (but need not) be removed from the list by the authority after

 

it has been in the list for 5 years, and

 

(b)    

while it is in the list,”

134

Page 65, line 12, leave out subsection (4)

Clause 81

135

Page 65, line 35, leave out subsection (2)

Clause 82

136

Page 66, line 11, at beginning insert “A person who is”

137

Page 66, line 14, leave out “the owner” and insert “that particular person”

138

Page 66, line 14, leave out “the owner’s” and insert “that person’s”

139

Page 66, line 17, leave out “or the owner”

140

Page 66, line 23, after “land” insert “—

 

(a)    

if the disposal is by way of gift (including a gift to trustees of any

 

trusts by way of settlement upon the trusts),

 

(b)    

if the disposal is by personal representatives of a deceased person

 

in satisfaction of an entitlement under the will, or on the intestacy,

 

of the deceased person,

 

(c)    

if the disposal is by personal representatives of a deceased person

 

in order to raise money to—

 

(i)    

pay debts of the deceased person,

 

(ii)    

pay taxes,

 

(iii)    

pay costs of administering the deceased person’s estate, or

 

(iv)    

pay pecuniary legacies or satisfy some other entitlement

 

under the will, or on the intestacy, of the deceased person,


 
 

56

 
 

(d)    

if the person, or one of the persons, making the disposal is a

 

member of the family of the person, or one of the persons, to whom

 

the disposal is made,

 

(e)    

if the disposal is a part-listed disposal of a description specified in

 

regulations made by the appropriate national authority, and for this

 

purpose “part-listed disposal” means a disposal of an estate in

 

land—

 

(i)    

part of which is land included in a local authority’s list of

 

assets of community value, and

 

(ii)    

part of which is land not included in any local authority’s

 

list of assets of community value,

 

(f)    

if the disposal is of an estate in land on which a business is carried

 

on and is at the same time, and to the same person, as a disposal of

 

that business as a going concern,

 

(g)    

if the disposal is occasioned by a person ceasing to be, or becoming,

 

a trustee,

 

(h)    

if the disposal is by trustees of any trusts—

 

(i)    

in satisfaction of an entitlement under the trusts, or

 

(ii)    

in exercise of a power conferred by the trusts to re-settle

 

trust property on other trusts,

 

(i)    

if the disposal is occasioned by a person ceasing to be, or becoming,

 

a partner in a partnership, or

 

(j)    

141

Page 66, line 29, leave out “prescribed period” and insert “six months”

142

Page 66, line 32, leave out “prescribed period” and insert “six weeks”

143

Page 66, line 36, leave out “prescribed period” and insert “eighteen months”

144

Page 66, line 37, at end insert—

 

“(6A)    

For the purposes of subsection (5)(d), a person (“M”) is a member of the

 

family of another person if M is—

 

(a)    

that other person’s spouse or civil partner, or

 

(b)    

a lineal descendant of a grandparent of that other person.

 

(6B)    

For the purposes of subsection (6A)(b) a relationship by marriage or civil

 

partnership is to be treated as a relationship by blood.”

145

Page 66, line 38, leave out subsection (7)

Clause 83

146

Page 67, line 7, leave out “, assignment or surrender” and insert “or assignment”

147

Page 67, line 8, leave out “, assignment or surrender” and insert “or assignment”

After Clause 84

148

Insert the following new Clause—

 

“Informing owner of request to be treated as bidder

 

(1)    

Subsection (2) applies if—


 
 

57

 
 

(a)    

after a local authority has received notice under section 82(2) in

 

respect of land included in the authority’s list of assets of

 

community value, and

 

(b)    

before the end of the interim moratorium period that applies under

 

section 82 as a result of the notice,

 

    

the authority receives from a community interest group a written request

 

(however expressed) for the group to be treated as a potential bidder in

 

relation to the land.

 

(2)    

The authority must, as soon after receiving the request as is practicable,

 

either pass on the request to the owner of the land or inform the owner of

 

the details of the request.

 

(3)    

In this section “community interest group” means a person who is a

 

community interest group for the purposes of section 82(3) as a result of

 

regulations made under section 82(6) by the appropriate authority.”

Clause 85

149

Page 68, line 9, at end insert—

 

“(vii)    

appeals against decisions made under the regulations.”

After Clause 87

150

Insert the following new Clause—

 

“Co-operation

 

If different parts of any land are in different local authority areas, the local

 

authorities concerned must co-operate with each other in carrying out

 

functions under this Chapter in relation to the land or any part of it.”

Clause 94

151

Page 71, line 32, after “sections” insert “70(5),”

152

Page 71, line 32, after “82(1)” insert “and (2)”

153

Page 71, line 33, leave out “(effect” and insert “(interpretation and effect”

154

Page 71, line 40, leave out subsections (3) and (4) and insert—

 

“(3)    

The Secretary of State may by order revoke the whole or any part of a

 

regional strategy under Part 5 of that Act.

 

(3A)    

An order under subsection (3) may, in particular, revoke all of the regional

 

strategies (or all of the remaining regional strategies) under Part 5 of that

 

Act.

 

(3B)    

The Secretary of State may by order revoke the whole or any part of a

 

direction under paragraph 1(3) of Schedule 8 to the Planning and

 

Compulsory Purchase Act 2004 (directions preserving development plan

 

policies) if and so far as it relates to a policy contained in a structure plan.

 

(3C)    

An order under subsection (3B) may, in particular, revoke all directions (or

 

all remaining directions) under paragraph 1(3) of that Schedule so far as

 

they relate to policies contained in structure plans.”


 
 

58

 

Clause 95

155

Page 73, line 38, leave out “(1)(b)” and insert “(1)(c)”

Clause 97

156

Page 75, line 19, at end insert—

 

“(7AA)    

Subsection (7B) applies where the person appointed to carry out the

 

examination—

 

(a)    

does not consider that, in all the circumstances, it would be

 

reasonable to conclude that the document satisfies the

 

requirements mentioned in subsection (5)(a) and is sound,

 

but

 

(b)    

does consider that, in all the circumstances, it would be

 

reasonable to conclude that the local planning authority

 

complied with any duty imposed on the authority by

 

section 33A in relation to the document’s preparation.”

Clause 100

157

Page 79, line 15, leave out from “section” to end of line 20 and insert “205(2)

 

(requirement to aim to ensure that overall purpose of the levy is to ensure that

 

costs of providing infrastructure to support development of an area can be funded

 

by owners or developers of land)—

 

(a)    

for “providing infrastructure to support” substitute “supporting”,

 

and

 

(b)    

after “land” insert “in a way that does not make development of the

 

area economically unviable”.

 

(2A)    

In the Table in section 205(3) (which describes the provisions of the Part) for

 

“Section 216” substitute “Sections 216 to 216B”.

 

(2B)    

In section 211(4) (particular provision that may be included in regulations

 

about setting rates, or other criteria, by reference to which the amount of

 

levy chargeable is to be determined) after paragraph (a) insert—

 

“(aa)    

to have regard, to the extent and in the manner specified by

 

the regulations, to actual and expected costs of anything

 

other than infrastructure that is concerned with addressing

 

demands that development places on an area (whether by

 

reference to lists prepared by virtue of section 216(5)(a) or

 

otherwise);

 

(ab)    

to have regard, to the extent and in the manner specified by

 

the regulations, to other actual and expected sources of

 

funding for anything other than infrastructure that is

 

concerned with addressing demands that development

 

places on an area;”.”

158

Page 79, line 21, at end insert—

 

“(za)    

in subsection (1) (levy to be used to fund infrastructure, or pay

 

compensation under section 219)—

 

(i)    

for “section” substitute “sections 216A(1), 216B(2) and”, and

 

(ii)    

for “funding infrastructure” substitute “supporting

 

development by funding the provision, improvement,

 

replacement, operation or maintenance of infrastructure”,


 
 

59

 
 

(zb)    

in subsection (2) (meaning of “infrastructure” in subsection (1)) for

 

“subsection (1)” substitute “this section (except subsection (3)) and

 

sections 216A(2) and 216B(2)”,

 

(zc)    

in subsection (4)(a) (power to specify facilities that are to be, or not

 

to be, funded) for “that are to be, or not to” substitute “whose

 

provision, improvement or replacement may or is to be, or may

 

not”,”

159

Page 79, line 24, leave out “, operational and promotional activities” and insert

 

“activities and operational activities (including operational activities of a

 

promotional kind) in connection with infrastructure”

160

Page 79, line 26, leave out “and” and insert—

 

“(ab)    

things within section 216A(2)(b) that may or are to

 

be, or may not be, funded by CIL passed to a person

 

in discharge of a duty under section 216A(1),

 

(ac)    

things within section 216B(2)(b) that may or are to

 

be, or may not be, funded by CIL to which provision

 

under section 216B(2) relates,”,

 

(aa)    

in subsection (4)(b) (power to specify criteria for determining areas

 

in relation to which infrastructure may be funded) for “in relation

 

to which infrastructure may be funded” substitute “that may

 

benefit from funding”,

 

(ab)    

in subsection (5)(a) (power to require authorities to list projects that

 

are to be, or may be, funded) for “projects that are” substitute “what

 

is”,

 

(ac)    

in subsection (5)(c) (power to make provision about funding

 

projects not on list) for “projects” substitute “anything”,”

161

Page 79, line 28, leave out from “projects)” to end of line 29 and insert “for “on

 

future projects” substitute “in the future”,

 

(c)    

in subsection (6)(c) (regulations may permit funding of

 

administrative expenses in connection with infrastructure) after

 

“infrastructure” insert “or anything within section 216A(2)(b) or

 

216B(2)(b)”, and

 

(d)    

in subsection (6)(e) (regulations may make provision for the use of

 

funding where the projects to be funded no longer require

 

funding)—

 

(i)    

for “the projects” substitute “anything”, and

 

(ii)    

for “require” substitute “requires”.”

162

Page 79, line 36, leave out from “to” to end of line 39 and insert “support the

 

development of the area to which the duty relates, or of any part of that area, by

 

funding—

 

(a)    

the provision, improvement, replacement, operation or

 

maintenance of infrastructure, or

 

(b)    

anything else that is concerned with addressing demands that

 

development places on an area.”

163

Page 80, line 20, leave out “infrastructure” and insert “anything”

164

Page 80, line 26, leave out “infrastructure” and insert “anything”

165

Page 80, line 29, at end insert—


 
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Revised 2 November 2011