12244.89-94

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Localism Bill

89

“9N
Requiring referendum on change to mayor and cabinet executive

(1)
The Secretary of State may by order require a specified local

authority to hold a referendum on whether the authority should

operate a mayor and cabinet executive.”
313
Page 229, line 39, leave out “that” and insert “this”
314
Page 230, line 9, leave out “section 9N” and insert “this section”
315
Page 230, line 10, leave out “change” and insert “order”
316
Page 230, line 14, leave out “to continue”
317
Page 232, leave out lines 18 and 19
318
Page 235, line 32, leave out “is a local education authority” and insert “has

education functions”
319
Page 237, line 25, leave out “education”
320
Page 237, line 28, leave out “education”
321
Page 237, line 32, at end insert—

    “(2)
In paragraphs 6 and 7 “education functions” has the meaning given by

section 579(1) of the Education Act 1996.”
Schedule 3
322
Page 239, line 26, leave out from “(1A)” to end of line 27 and insert “—

(a)
for “regulations made under section 18” substitute “section

9E(2)(b)(iiia), (3)(aa), (4)(a) or (5)(a)”, and

(b)
after “Act 2000” insert “or under regulations made under section

18 of that Act”.”
323
Page 240, leave out lines 9 to 41
324
Page 248, line 20, leave out “9HF,”
325
Page 248, line 20, leave out “9HH,”
326
Page 248, line 22, after “9HN” insert “, 9MG”
327
Page 248, line 25, leave out “9HF or”
328
Page 249, line 16, at end insert—

“(10A)
In paragraph 11A for “7 to” substitute “8 and”.”
329
Page 249, line 20, leave out from beginning to end of line 6 on page 250
330
Page 252, line 4, leave out “to (c)” and insert “and (b)”
331
Page 253, leave out lines 19 to 30
Schedule 4
332
Page 254, leave out lines 9 to 12
333
Page 255, line 13, at end insert—

90

“Audit Commission Act 1998 (c. 18)

5A
In section 49(1)(de) of the Audit Commission Act 1998 (disclosure of

information by Commission or auditor etc for purposes of functions of

ethical standards officer or Public Services Ombudsman for Wales) omit

“an ethical standards officer or”.

Data Protection Act 1998 (c. 29)

5B
In section 31 of the Data Protection Act 1998 (exemptions from subject

information provisions for data processed in connection with certain

regulatory functions)—

(a)
in subsection (7) omit paragraph (b), and

(b)
in subsection (8)(b) omit “, or to an ethical standards officer,”.”
Schedule 5
334
Page 266, line 45, leave out from “Acts” to end of line 2 on page 267
335
Page 271, line 33, leave out from “Acts” to end of line 37
336
Page 274, line 33, at end insert—

  “(6A)
No regulations under this section are to be made unless a draft of the

regulations has been laid before and approved by resolution of each

House of Parliament.”
337
Page 280, line 29, at end insert “or”
338
Page 280, line 29, at end insert—

“(ba)
the amount of any levies and special levies—

(i)
issued to it for the year, or

(ii)
anticipated by it in pursuance of regulations

under section 74 or 75 of the 1988 Act.”
339
Page 280, line 30, after “than” insert “a county council or”
340
Page 280, line 34, at end insert—

“(2A)
In the case of a major precepting authority that is a county

council, any reference in this Chapter to the authority’s relevant

basic amount of council tax for a financial year is a reference to

the amount that would be calculated by it in relation to the year

under section 42B(1) above if section 42A above did not require

or permit it to take into account the amount of any levies—

(a)
issued to it for the year, or

(b)
anticipated by it in pursuance of regulations under

section 74 of the 1988 Act.”
341
Page 280, line 38, leave out from “amount” to “(referred” in line 39
342
Page 280, line 41, after “year)” insert “that would be calculated by it under section

88(2) of the Greater London Authority Act 1999 if sections 85 and 86 of that Act did

not require or permit it—

(i)
to take into account the amount of any levies

issued to a constituent body for the year, or

91

(ii)
to anticipate, in pursuance of regulations under

section 74 of the 1988 Act, the issue of levies to a

constituent body,”
343
Page 280, line 42, leave out from “amount” to “(referred” in line 43
344
Page 280, line 45, after “year)” insert “that would be calculated by it under section

89(3) of the Greater London Authority Act 1999 if sections 85 and 86 of that Act did

not require or permit it—

(i)
to take into account the amount of any levies

issued to a constituent body for the year, or

(ii)
to anticipate, in pursuance of regulations under

section 74 of the 1988 Act, the issue of levies to a

constituent body.”
Schedule 6
345
Page 289, line 33, at end insert—

“31A
In section 113(3) (orders and regulations to be subject to annulment by

either House of Parliament, except in certain cases) after “except in the

case of” insert “regulations under section 52ZQ above or”.”
Schedule 7
346
Page 294, line 41, after “(7)(a)” insert “—

(a)
in sub-paragraph (i) omit “general fund or (as the case may be)”,

and

(b)
”
347
Page 297, line 32, at end insert—

  “(3A)
In subsection (2)(a) omit the words from “, other than” to “1988 Act”.

    (3B)
In subsection (3)(a)—

(a)
at the end of sub-paragraph (i) insert “or”, and

(b)
omit sub-paragraph (iii).”
348
Page 298, line 6, at end insert—

  “(3A)
Omit subsection (3).

    (3B)
In subsection (4) omit “or subsection (3) above”.”
349
Page 302, line 7, at end insert—

“Police Reform and Social Responsibility Act 2011

52
The Police Reform and Social Responsibility Act 2011 is amended as

follows.

53
In section 18(7)(f) (function of calculating budget requirement may not

be delegated by police and crime commissioner)—

(a)
after “calculating a” insert “council tax requirement or a”, and

(b)
after “section” insert “42A or”.

54
In section 22(2) (minimum budget for police and crime commissioner:

amendments to section 41(1) of the Police Act 1996) for paragraph (c)

substitute—

92

“(c)
for “its” substitute “the commissioner’s”.”
Schedule 8
350
Page 303, line 12, leave out “omit paragraph (a)” and insert “in paragraph (a) after

“situated” insert “(if there is a regional strategy for that region)”.

      (2)
Omit section 38(3)(a).”
351
Page 304, line 6, at end insert—

“Local Democracy, Economic Development and Construction Act 2009 (c. 20)

17A
In section 70(5) (which provides for how a regional strategy is to be

interpreted) for “the regional strategy” insert “a regional strategy under

this Part”.

17B
In section 82(2) (during the interim period, a regional strategy does not

include the regional economic strategy) for the words after “For the

purposes of that section,” substitute “a regional strategy under this Part

is to be regarded as consisting solely of the regional spatial strategy

under section 1 of the Planning and Compulsory Purchase Act 2004 that

subsisted for the region concerned immediately before 1 April 2010.””
Schedule 9
352
Page 304, line 37, leave out from “if” to “have” in line 1 on page 305 and insert “in

each applicable referendum under that Schedule more than half of those voting”
353
Page 305, leave out lines 5 and 6 and insert—

“(5)
If—

(a)
there are two applicable referendums under that

Schedule (because the order relates to a neighbourhood

area designated as a business area under section 61GA),

and

(b)
in one of those referendums (but not the other) more than

half of those voting have voted in favour of the order,


the authority may (but need not) make a neighbourhood

development order to which the proposal relates.”
354
Page 306, leave out lines 20 to 27 and insert—

“(a)
it is established for the express purpose of promoting

or improving the social, economic and environmental

well-being of an area that consists of or includes the

neighbourhood area concerned (whether or not it is

also established for the express purpose of promoting

the carrying on of trades, professions or other

businesses in such an area),”
355
Page 307, leave out line 24
356
Page 307, line 31, at end insert—

“(8A)
A local planning authority may withdraw an organisation or

body’s designation as a neighbourhood forum if they consider

that the organisation or body is no longer meeting—

(a)
the conditions by reference to which it was designated, or

93

(b)
any other criteria to which the authority were required to

have regard in making the designation;


and, where an organisation or body’s designation is withdrawn,

the authority must give reasons to the organisation or body.”
357
Page 307, line 45, after “designations” insert “(or withdrawals of designations)”
358
Page 308, line 6, at end insert—

“(ba)
suspending the operation of any duty of a local planning

authority under paragraph 6 or 7 of Schedule 4B in cases

where they are considering the withdrawal of the

designation of an organisation or body as a

neighbourhood forum,”
359
Page 309, line 5, at end insert “; but if a modification relates to any extent to the area

of a parish council, the modification may be made only with the council’s consent”
360
Page 309, line 34, at end insert—

“61GA
Neighbourhood areas designated as business areas

(1)
Whenever a local planning authority exercise their powers under

section 61G to designate an area as a neighbourhood area, they

must consider whether they should designate the area concerned

as a business area.

(2)
The reference here to the designation of an area as a

neighbourhood area includes the modification under section

61G(6) of a designation already made.

(3)
The power of a local planning authority to designate a

neighbourhood area as a business area is exercisable by the

authority only if, having regard to such matters as may be

prescribed, they consider that the area is wholly or

predominantly business in nature.

(4)
The map published by a local planning authority under section

61G(8) must state which neighbourhood areas (if any) are for the

time being designated as business areas.”
361
Page 309, line 43, leave out “and 61G” and insert “to 61GA”
362
Page 313, line 16, after “14” insert “or 14A”
363
Page 313, line 26, leave out “section 61F or 61G” and insert “any of sections 61F to

61GA”
364
Page 313, line 32, leave out “section 61F or 61G” and insert “any of sections 61F to

61GA”
365
Page 314, line 31, after first “in” insert “the whole or any part of”
366
Page 314, line 44, leave out from “if” to “have” in line 1 on page 315 and insert “in

each applicable referendum under that Schedule (as so applied) more than half of

those voting”
367
Page 315, leave out lines 5 and 6 and insert—

“(5)
If—

(a)
there are two applicable referendums under that

Schedule as so applied (because the plan relates to a

94

neighbourhood area designated as a business area under

section 61GA of the principal Act), and

(b)
in one of those referendums (but not the other) more than

half of those voting have voted in favour of the plan,


the authority may (but need not) make a neighbourhood

development plan to which the proposal relates.”
Schedule 10
368
Page 318, line 26, at end insert—

  “(2)
If—

(a)
a proposal by a qualifying body is made by an

organisation or body designated as a neighbourhood

forum, and

(b)
the designation is withdrawn at any time before the

proposal is submitted for independent examination

under paragraph 7,


the proposal is to be treated as withdrawn by the qualifying

body at that time.

      (3)
If the withdrawal of the designation occurs after the proposal

is submitted for independent examination under that

paragraph, the withdrawal is not to affect the validity of the

proposal.”
369
Page 319, line 9, at end insert—

  “(3)
The power to make regulations under this paragraph must be

exercised to secure that—

(a)
prescribed requirements as to consultation with and

participation by the public must be complied with

before a proposal for a neighbourhood development

order may be submitted to a local planning authority,

and

(b)
a statement containing the following information in

relation to that consultation and participation must

accompany the proposal submitted to the authority—

(i)
details of those consulted,

(ii)
a summary of the main issues raised, and

(iii)
any other information of a prescribed

description.”
370
Page 321, line 31, at end insert—

“(ca)
the making of the order contributes to the achievement

of sustainable development,”
371
Page 324, line 27, after “14” insert “, and (if applicable) an additional referendum

in accordance with paragraph 14A,”
372
Page 324, line 30, after first “is” insert “(or referendums are)”
373
Page 325, line 1, after “is” insert “(or referendums are)”
374
Page 325, line 5, after “is” insert “(or referendums are)”
375
Page 325, line 9, after “is” insert “(or referendums are)”