|
|
| |
| | |
|
| 10C | Power to make provision supplemental to section 10A |
|
| (1) | The Secretary of State may by order make provision preventing the |
|
| Executive from doing under section 10A(1) anything which is |
|
| specified, or is of a description specified, in the order. |
|
| (2) | The Secretary of State may by order provide for the exercise by the |
|
| Executive of power conferred by section 10A(1) to be subject to |
|
| conditions, whether generally or in relation to doing anything |
|
| specified, or of a description specified, in the order. |
|
| (3) | The power under subsection (1) or (2) may be exercised in relation |
|
| |
| |
| (b) | particular Executives, or |
|
| (c) | particular descriptions of Executives. |
|
| (4) | Before making an order under subsection (1) or (2) the Secretary of |
|
| |
| (a) | such representatives of Executives, |
|
| (b) | such representatives of local government, and |
|
| (c) | such other persons (if any), |
|
| | as the Secretary of State considers appropriate. |
|
| (5) | Subsection (4) does not apply to an order under subsection (1) or (2) |
|
| which is made only for the purpose of amending an earlier such |
|
| |
| (a) | so as to extend the earlier order, or any provision of the |
|
| earlier order, to a particular Executive or to Executives of a |
|
| particular description, or |
|
| (b) | so that the earlier order, or any provision of the earlier |
|
| order, ceases to apply to a particular Executive or to |
|
| Executives of a particular description. |
|
| (6) | Power to make an order under this section includes— |
|
| (a) | power to make different provision for different cases, |
|
| circumstances or areas, and |
|
| (b) | power to make incidental, supplementary, consequential, |
|
| transitional or transitory provision or savings. |
|
| (7) | A statutory instrument containing an order to which subsection (8) |
|
| applies (whether alone or with other provisions) may not be made |
|
| unless a draft of the instrument has been laid before, and approved |
|
| by a resolution of, each House of Parliament. |
|
| (8) | This subsection applies to— |
|
| (a) | an order under subsection (1), other than one that is made |
|
| only for the purpose mentioned in subsection (5)(b); |
|
| (b) | an order under subsection (2), other than one that is made |
|
| only for that purpose or for imposing conditions on the |
|
| doing of things for a commercial purpose. |
|
| (9) | A statutory instrument that— |
|
| (a) | contains an order made under this section, and |
|
| (b) | is not subject to any requirement that a draft of the |
|
| instrument be laid before, and approved by a resolution of, |
|
| each House of Parliament, |
|
|
|
| |
| | |
|
| | is subject to annulment in pursuance of a resolution of either House |
|
| |
| (2) | In section 10(1) of the Transport Act 1968 (powers of a Passenger Transport |
|
| |
| (a) | in paragraph (xxvii) (power to invest sums not immediately |
|
| needed) for “any sums which are not immediately required by them |
|
| for the purposes of their business” substitute “their money”, and |
|
| (b) | in paragraph (xxviii) (power to turn unneeded resources to |
|
| account) omit “so far as not required for the purposes of their |
|
| |
| (3) | In section 22 of the Transport Act 1968 (orders under Part 2 of that Act to |
|
| be subject to annulment) after subsection (2) insert— |
|
| “(2A) | Subsections (1) and (2) of this section do not apply in relation to |
|
| orders under section 10C of this Act (but see subsections (7) to (9) of |
|
| |
| (4) | In section 93(9) of the Local Government Act 2003 (authorities with power |
|
| under section 93 to charge for discretionary services) before paragraph (b) |
|
| |
| “(ab) | the Passenger Transport Executive of an integrated |
|
| transport area in England;”. |
|
| (5) | In section 95(7) of the Local Government Act 2003 (power to authorise |
|
| certain authorities to do for commercial purposes things that they can do |
|
| for non-commercial purposes) in the definition of “relevant authority” |
|
| before paragraph (b) insert— |
|
| “(ab) | the Passenger Transport Executive of an integrated |
|
| transport area in England;”.” |
|
6 | Insert the following new Clause— |
|
| “Economic prosperity boards and combined authorities |
|
| (1) | In Part 6 of the Local Democracy, Economic Development and |
|
| Construction Act 2009 (economic prosperity boards and combined |
|
| authorities) after section 113 insert— |
|
| “General powers of EPBs and combined authorities |
|
| 113A | General power of EPB or combined authority |
|
| (1) | An EPB or combined authority may do— |
|
| (a) | anything it considers appropriate for the purposes of the |
|
| carrying-out of any of its functions (its “functional |
|
| |
| (b) | anything it considers appropriate for purposes incidental to |
|
| |
| (c) | anything it considers appropriate for purposes indirectly |
|
| incidental to its functional purposes through any number of |
|
| |
| (d) | anything it considers to be connected with— |
|
| (i) | any of its functions, or |
|
|
|
| |
| | |
|
| (ii) | anything it may do under paragraph (a), (b) or (c), |
|
| |
| (e) | for a commercial purpose anything which it may do under |
|
| any of paragraphs (a) to (d) otherwise than for a commercial |
|
| |
| (2) | Where subsection (1) confers power on an EPB or combined |
|
| authority to do something, it confers power (subject to section 113B) |
|
| to do it anywhere in the United Kingdom or elsewhere. |
|
| (3) | Power conferred on an EPB or combined authority by subsection (1) |
|
| is in addition to, and is not limited by, its other powers. |
|
| 113B | Boundaries of power under section 113A |
|
| (1) | Section 113A(1) does not enable an EPB or combined authority to |
|
| |
| (a) | anything which it is unable to do by virtue of a pre- |
|
| commencement limitation, or |
|
| (b) | anything which it is unable to do by virtue of a post- |
|
| commencement limitation which is expressed to apply— |
|
| (i) | to its power under section 113A(1), |
|
| (ii) | to all of its powers, or |
|
| (iii) | to all of its powers but with exceptions that do not |
|
| include its power under section 113A(1). |
|
| (2) | If exercise of a pre-commencement power of an EPB or combined |
|
| authority is subject to restrictions, those restrictions apply also to |
|
| exercise of the power conferred on it by section 113A(1) so far as |
|
| that power is overlapped by the pre-commencement power. |
|
| (3) | Section 113A(1) does not authorise an EPB or combined authority to |
|
| |
| (4) | Section 113A(1)(a) to (d) do not authorise an EPB or combined |
|
| authority to charge a person for anything done by it otherwise than |
|
| for a commercial purpose (but see section 93 of the Local |
|
| Government Act 2003 (power of EPBs, combined authorities and |
|
| other best value authorities to charge for discretionary services)). |
|
| (5) | Section 113A(1)(e) does not authorise an EPB or combined |
|
| authority to do things for a commercial purpose in relation to a |
|
| person if a statutory provision requires it to do those things in |
|
| |
| (6) | Where under section 113A(1)(e) an EPB or combined authority does |
|
| things for a commercial purpose, it must do them through— |
|
| (a) | a company within the meaning given by section 1(1) of the |
|
| |
| (b) | a society registered or deemed to be registered under the |
|
| Co-operative and Community Benefit Societies and Credit |
|
| Unions Act 1965 or the Industrial and Provident Societies |
|
| Act (Northern Ireland) 1969. |
|
| |
| “post-commencement limitation” means a prohibition, |
|
| restriction or other limitation imposed by a statutory |
|
| |
|
|
| |
| | |
|
| (a) | is contained in an Act passed after the end of the |
|
| Session in which the Localism Act 2011 is passed, or |
|
| (b) | is contained in an instrument made under an Act |
|
| and comes into force on or after the commencement |
|
| of section (Economic prosperity boards and combined |
|
| authorities)(1) of that Act; |
|
| “pre-commencement limitation” means a prohibition, |
|
| restriction or other limitation imposed by a statutory |
|
| |
| (a) | is contained in an Act passed no later than the end of |
|
| the Session in which the Localism Act 2011 is passed, |
|
| |
| (b) | is contained in an instrument made under an Act |
|
| and comes into force before the commencement of |
|
| section (Economic prosperity boards and combined |
|
| authorities)(1) of that Act; |
|
| “pre-commencement power” means power conferred by a |
|
| statutory provision that— |
|
| (a) | is contained in an Act passed no later than the end of |
|
| the Session in which the Localism Act 2011 is passed, |
|
| |
| (b) | is contained in an instrument made under an Act |
|
| and comes into force before the commencement of |
|
| section (Economic prosperity boards and combined |
|
| authorities)(1) of that Act; |
|
| “statutory provision” means a provision of an Act or of an |
|
| instrument made under an Act. |
|
| 113C | Power to make provision supplemental to section 113A |
|
| (1) | The Secretary of State may by order make provision preventing |
|
| EPBs or combined authorities from doing under section 113A(1) |
|
| anything which is specified, or is of a description specified, in the |
|
| |
| (2) | The Secretary of State may by order provide for the exercise by |
|
| EPBs or combined authorities of power conferred by section |
|
| 113A(1) to be subject to conditions, whether generally or in relation |
|
| to doing anything specified, or of a description specified, in the |
|
| |
| (3) | The power under subsection (1) or (2) may be exercised in relation |
|
| |
| |
| (b) | all combined authorities, |
|
| |
| (d) | particular combined authorities, |
|
| (e) | particular descriptions of EPBs, or |
|
| (f) | particular descriptions of combined authorities. |
|
| (4) | Before making an order under subsection (1) or (2) the Secretary of |
|
| |
| (a) | such representatives of EPBs or combined authorities, |
|
| (b) | such representatives of local government, and |
|
| (c) | such other persons (if any), |
|
|
|
| |
| | |
|
| | as the Secretary of State considers appropriate. |
|
| (5) | Subsection (4) does not apply to an order under subsection (1) or (2) |
|
| which is made only for the purpose of amending an earlier such |
|
| |
| (a) | so as to extend the earlier order, or any provision of the |
|
| earlier order, to a particular EPB or combined authority or |
|
| to EPBs or combined authorities of a particular description, |
|
| |
| (b) | so that the earlier order, or any provision of the earlier |
|
| order, ceases to apply to a particular EPB or combined |
|
| authority or to EPBs or combined authorities of a particular |
|
| |
| (6) | Power to make an order under this section includes— |
|
| (a) | power to make different provision for different cases, |
|
| circumstances or areas, and |
|
| (b) | power to make incidental, supplementary, consequential, |
|
| transitional or transitory provision or savings.” |
|
| (2) | For section 117(2) and (3) of the Local Democracy, Economic Development |
|
| and Construction Act 2009 (affirmative procedure applies to orders under |
|
| Part 6 other than certain orders under section 116) substitute— |
|
| “(2) | An order to which subsection (2A) applies may not be made unless |
|
| a draft of the statutory instrument containing the order (whether |
|
| alone or with other provisions) has been laid before, and approved |
|
| by a resolution of, each House of Parliament. |
|
| (2A) | This subsection applies to an order under this Part other than— |
|
| (a) | an order under section 113C(1) that is made only for the |
|
| purpose mentioned in section 113C(5)(b), |
|
| (b) | an order under section 113C(2) that is made only for that |
|
| purpose or for imposing conditions on the doing of things |
|
| for a commercial purpose, or |
|
| (c) | an order under section 116 that amends or revokes |
|
| provision contained in an instrument subject to annulment |
|
| by resolution of either House of Parliament. |
|
| (3) | A statutory instrument that— |
|
| (a) | contains an order under this Part, and |
|
| (b) | is not subject to any requirement that a draft of the |
|
| instrument be laid before, and approved by a resolution of, |
|
| each House of Parliament, |
|
| | is subject to annulment by resolution of either House of |
|
| |
7 | Insert the following new Clause— |
|
| |
| (1) | In section 146A of the Local Government Act 1972 (application of |
|
| provisions to certain joint and other authorities)— |
|
| (a) | in subsection (1) for “or (1A)” substitute “, (1ZD) or (1ZE)”, and |
|
| (b) | after subsection (1ZC) (which is inserted by section 9 of this Act) |
|
| |
|