Session 2010 - 12
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Lords Amendments to the Localism Bill


 
 

7

 
 

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

 

to—

 

(a)    

all Executives,

 

(b)    

particular Executives, or

 

(c)    

particular descriptions of Executives.

 

(4)    

Before making an order under subsection (1) or (2) the Secretary of

 

State must consult—

 

(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

 

order—

 

(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,


 
 

8

 
 

    

is subject to annulment in pursuance of a resolution of either House

 

of Parliament.”

 

(2)    

In section 10(1) of the Transport Act 1968 (powers of a Passenger Transport

 

Executive)—

 

(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

 

business”.

 

(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

 

that section).”

 

(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)

 

insert—

 

“(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

 

purposes”),

 

(b)    

anything it considers appropriate for purposes incidental to

 

its functional purposes,

 

(c)    

anything it considers appropriate for purposes indirectly

 

incidental to its functional purposes through any number of

 

removes,

 

(d)    

anything it considers to be connected with—

 

(i)    

any of its functions, or


 
 

9

 
 

(ii)    

anything it may do under paragraph (a), (b) or (c),

 

and

 

(e)    

for a commercial purpose anything which it may do under

 

any of paragraphs (a) to (d) otherwise than for a commercial

 

purpose.

 

(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

 

do—

 

(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

 

borrow money.

 

(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

 

relation to the person.

 

(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

 

Companies Act 2006, or

 

(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.

 

(7)    

In this section—

 

“post-commencement limitation” means a prohibition,

 

restriction or other limitation imposed by a statutory

 

provision that—


 
 

10

 
 

(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

 

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,

 

or

 

(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,

 

or

 

(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

 

order.

 

(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

 

order.

 

(3)    

The power under subsection (1) or (2) may be exercised in relation

 

to—

 

(a)    

all EPBs,

 

(b)    

all combined authorities,

 

(c)    

particular EPBs,

 

(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

 

State must consult—

 

(a)    

such representatives of EPBs or combined authorities,

 

(b)    

such representatives of local government, and

 

(c)    

such other persons (if any),


 
 

11

 
 

    

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

 

order—

 

(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,

 

or

 

(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

 

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.”

 

(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

 

Parliament.””

7

Insert the following new Clause—

 

“Further amendments

 

(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)

 

insert—


 
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Revised 2 November 2011