Session 2010 - 12
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Other Bills before Parliament

Lords Amendments to the Localism Bill


 
 

84

 

Clause 209

227

Page 182, line 24, leave out “the Secretary of State, the Treasury” and insert “a

 

Minister of the Crown”

228

Page 182, line 27, leave out “the Secretary of State, the Treasury” and insert “a

 

Minister of the Crown”

229

Page 182, line 28, after “Act” insert “(other than a power under section 214)”

230

Page 182, line 42, leave out “The Secretary of State” and insert “A Minister of the

 

Crown”

231

Page 183, line 1, at end insert—

 

“(za)    

an order under section 5(2) that—

 

(i)    

amends any Act or provision of an Act, and

 

(ii)    

is not made (in reliance on section 7(4)) in accordance with

 

sections 15 to 19 of the Legislative and Regulatory Reform

 

Act 2006 as applied by section 7(3);”

232

Page 183, line 3, leave out “7(5)” and insert “7(5)(b)”

233

Page 183, line 6, at end insert—

 

“(ba)    

an order under section 8(2);”

234

Page 183, line 6, at end insert—

 

“(bb)    

an order under section (Designation of public authorities);”

235

Page 183, line 7, leave out “56”

236

Page 183, line 7, leave out “or 68(9)” and insert “68(2)(d), (5)(e) or (9) or 70(8)”

237

Page 183, line 10, at end insert—

 

“(fa)    

regulations under section 102;”

238

Page 183, line 13, leave out “102”

239

Page 183, line 13, at end insert “(Taking account of planning permission when assessing

 

compensation);

 

(h)    

an order or regulations under section 210 which, in consequence of

 

provision made by section (Taking account of planning permission

 

when assessing compensation), amend or repeal a provision of an Act

 

other than a local or private Act.”

240

Page 183, line 14, leave out subsection (8)

241

Page 183, line 22, leave out “the Secretary of State” and insert “a Minister of the

 

Crown”

242

Page 183, line 34, after “section 7(3),” insert—

 

“(ba)    

an order under section (Power to transfer local public functions to

 

permitted authorities) (but see section (Orders under section (Power to

 

transfer local public functions to permitted authorities): procedure)),”

243

Page 183, line 34, after “7(3),” insert—

 

“(bb)    

an order or regulations under Schedule 24,”

244

Page 183, line 41, at end insert—

 

“(aa)    

an order under section (Designation of Welsh public authorities),”

245

Page 184, line 8, at end insert—


 
 

85

 
 

“(13A)    

Subsection (13) does not apply to an order under section 214.”

246

Page 184, line 8, at end insert—

 

“(13B)    

If a draft of a statutory instrument containing an order under section

 

(Designation of public authorities) would, apart from this subsection, be

 

treated for the purposes of the standing orders of either House of

 

Parliament as a hybrid instrument, it is to proceed in that House as if it

 

were not such an instrument.”

247

Page 184, line 11, at end insert—

 

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

 

the Crown Act 1975.”

Clause 210

248

Page 184, line 18, after “14,” insert “22 to 27,”

249

Page 184, line 18, leave out “and 130,” and insert “, 130 and (Secure and assured

 

tenancies: recovery of possession after tenant’s death)(3)(b) and (c),”

250

Page 184, line 23, after “to” insert “Part (EU financial sanctions: Wales) and”

251

Page 184, line 23, after “67” insert “, and Part 13 of Schedule 25 and section 211 so

 

far as relating to that Part,”

Clause 212

252

Page 184, line 37, leave out “the Secretary of State” and insert “a Minister of the

 

Crown”

Clause 213

253

Page 185, line 1, at end insert—

 

“(za)    

Part 2,”

254

Page 185, line 9, at beginning insert “Part 2,”

255

Page 185, line 12, at end insert “, subject to subsection (6).

 

(6)    

Any amendment or repeal made by this Act in the Transport Act 1968, and

 

the repeal of section 121(1) of the Local Government, Planning and Land

 

Act 1980, extend to England and Wales only.”

Clause 214

256

Page 185, line 17, at end insert—

 

“( )    

section (Arrangements for provision of services and discharge of

 

functions),”

257

Page 185, line 23, leave out paragraph (h)

258

Page 185, line 28, leave out “, 28 and 31” and insert “and 28”

259

Page 185, line 40, leave out “and 130,” and insert “, 130 and (Secure and assured

 

tenancies: recovery of possession after tenant’s death)(3)(b) and (c),”

260

Page 186, line 13, at end insert—

 

“(ga)    

Part (EU financial sanctions: Wales),


 
 

86

261

Page 186, line 25, leave out paragraph (c)

262

Page 186, line 33, after “(2)” insert “to (3C), paragraphs 1, 13(1), 17A and 17B of

 

Schedule 8 and section 94(5) so far as relating to those provisions of that Schedule”

Schedule 2

263

Page 193, line 16, leave out “9EA,”

264

Page 193, line 27, after “executive,” insert—

 

“(iiia)    

by an area committee,”

265

Page 193, line 33, after “executive,” insert—

 

“(aa)    

by an area committee,”

266

Page 193, line 39, after “functions” insert “—

 

(a)    

by an area committee, or

 

(b)    

267

Page 193, line 43, after “functions” insert “—

 

(a)    

by an area committee, or

 

(b)    

268

Page 193, line 43, at end insert—

 

“(5A)    

Where by virtue of this section any functions may be discharged

 

by an area committee, then, unless the senior executive member

 

otherwise directs, the committee may arrange for the discharge

 

of any of those functions by an officer of the authority.”

269

Page 194, leave out lines 4 to 19

270

Page 194, line 23, at end insert—

 

““senior executive member” means—

 

(a)    

in the case of a mayor and cabinet executive, the

 

elected mayor;

 

(b)    

in the case of a leader and cabinet executive

 

(England), the executive leader.”

271

Page 194, leave out line 24

272

Page 194, line 28, at end insert “and”

273

Page 194, line 31, leave out from “part” to end of line 39

274

Page 195, line 31, leave out “9E(3) to (7)” and insert “9E”

275

Page 197, line 39, at end insert “or”

276

Page 197, leave out lines 42 to 44

277

Page 200, line 3, leave out “local government”

278

Page 200, line 4, at end insert “and is not an excluded matter”

279

Page 200, leave out lines 15 to 20

280

Page 200, line 21, leave out “(5)(c)” and insert “(1)(c)”

281

Page 200, line 28, leave out “local government”


 
 

87

282

Page 201, leave out lines 6 and 7

283

Page 202, line 12, leave out from “to” to end of line 15 and insert “functions of a

 

relevant partner authority so far as exercisable in relation to—

 

(i)    

the authority’s area, or

 

(ii)    

the inhabitants of that area.”

284

Page 202, line 27, at beginning insert “either—

 

(i)    

the relevant committee is a non-unitary district

 

council committee, or

 

(ii)    

285

Page 203, leave out lines 1 to 4

286

Page 203, line 4, at end insert—

 

“non-unitary district council committee” means—

 

(a)    

an overview and scrutiny committee of a district

 

council for a district in a county for which there is

 

a county council, or

 

(b)    

a sub-committee of such a committee,”

287

Page 203, leave out lines 6 to 13 and insert “an overview and scrutiny committee

 

or a sub-committee of such a committee,”

288

Page 203, line 14, after “committee” insert “other than a non-unitary district council

 

committee”

289

Page 203, line 18, at end insert “, and

 

“relevant partner authority”, in relation to a relevant

 

committee that is a non-unitary district council

 

committee, means—

 

(a)    

the county council for the county concerned, or

 

(b)    

any person (other than the district council

 

concerned) who is a partner authority in relation

 

to that county council for the purposes of Chapter

 

1 of Part 5 of the Local Government and Public

 

Involvement in Health Act 2007, other than a chief

 

officer of police.”

290

Page 203, leave out lines 19 to 21

291

Page 205, leave out lines 1 to 31

292

Page 206, line 36, leave out from beginning to end of line 17 on page 207

293

Page 209, line 24, leave out from “9FE” to second “of” in line 26

294

Page 210, line 27, leave out from beginning to end of line 39 on page 212

295

Page 212, line 40, leave out from beginning to end of line 3 on page 215

296

Page 215, leave out lines 4 to 45

297

Page 218, leave out lines 3 to 20

298

Page 221, line 20, at end insert “, and giving effect to, referendum on”

299

Page 221, line 28, at end insert “, and giving effect to, referendum on”

300

Page 222, line 30, leave out “implement” and insert “require, and give effect to,


 
 

88

 
 

referendum on”

301

Page 222, line 40, leave out from beginning to third “the” and insert “At a relevant

 

change time,”

302

Page 223, line 1, leave out from beginning to first “the” in line 14 and insert—

 

“(3)    

Subject to subsection (2) and section 9MB(2), the local authority

 

may take steps for the purposes of preparing for the change or

 

implementing it (including steps relating to transitional

 

arrangements).

 

(4)    

If the local authority is not currently operating a mayor and

 

cabinet executive and the change does not provide for the local

 

authority to operate a mayor and cabinet executive, a “relevant

 

change time” for the purposes of subsection (2) is a time during—

 

(a)    

the first annual meeting of the local authority to be held

 

after the resolution to make the change in governance

 

arrangements is passed, or

 

(b)    

a later annual meeting of the local authority specified in

 

that resolution.

 

(5)    

If the local authority is not currently operating a mayor and

 

cabinet executive and the change provides for the local authority

 

to operate a mayor and cabinet executive, a “relevant change

 

time” for the purposes of subsection (2) is—

 

(a)    

a time during the third day after the day of the

 

declaration of the result of the poll at the first election of

 

the mayor, or

 

(b)    

if a person is returned as the mayor at that first election

 

without a poll being taken, a time during the third day

 

after the day on which a poll would have been taken.

 

(6)    

If the local authority is currently operating a mayor and cabinet

 

executive and the change provides for the local authority to cease

 

to operate a mayor and cabinet executive, a “relevant change

 

time” for the purposes of subsection (2) is a time during the third

 

day after”

303

Page 223, leave out lines 17 to 20

304

Page 226, line 1, at end insert “, and giving effect to, referendum on”

305

Page 226, line 24, at end insert “, and giving effect to, referendum on”

306

Page 226, line 46, at end insert “, and giving effect to, referendum on”

307

Page 227, line 9, leave out “implement” and insert “require, and give effect to,

 

referendum on”

308

Page 227, line 11, leave out “to continue”

309

Page 227, line 18, leave out from “proposals” to end of line 19

310

Page 227, line 23, leave out from “proposals” to end of line 25

311

Page 227, line 27, leave out “9NB(2)(c))” and insert “9N(2)(c))”

312

Page 228, line 19, leave out from beginning to end of line 38 on page 229 and

 

insert—


 
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Revised 2 November 2011