12244.95-100

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Localism Bill

95
376
Page 326, line 29, at end insert—

“14A (1)
The additional referendum mentioned in paragraph 12(4)

must be held on the making of a neighbourhood development

order if the draft order relates to a neighbourhood area that

has been designated as a business area under section 61GA.

      (2)
Sub-paragraph (2) of paragraph 14 is to apply in relation to the

additional referendum as it applies in relation to a referendum

under that paragraph.

      (3)
A person is entitled to vote in the additional referendum if on

the prescribed date—

(a)
the person is a non-domestic ratepayer in the

referendum area, or

(b)
the person meets such other conditions as may be

prescribed.

      (4)
“Non-domestic ratepayer” has the same meaning as in Part 4

of the Local Government Act 2003 (see section 59(1)).

      (5)
Regulations may make provision for excluding a person’s

entitlement to vote in the additional referendum.”
377
Page 326, line 31, at end insert “or 14A”
378
Page 327, line 10, after “14” insert “or 14A”
Schedule 11
379
Page 331, line 8, after “by” insert “sub-paragraphs (2) to (5) of”
380
Page 331, line 29, at end insert—

“(5A)
In consequence of the provision made by sub-paragraphs (2)

to (5) of this paragraph—

(a)
paragraph 12(7) to (9) of Schedule 4B have effect as if

the words “(or referendums are)” were omitted, and

(b)
that Schedule has effect as if paragraph 14A (and

references to that paragraph) were omitted.”
Schedule 12
381
Page 335, line 28, at end insert—

“21A (1)
Section 333 (regulations and orders) is amended as follows.

      (2)
In subsection (3) (regulations to be subject to annulment) after “except

regulations under section 88” insert “or paragraph 14A(5) or 15 of

Schedule 4B”.

      (3)
After that subsection insert—

“(3A)
No regulations may be made under paragraph 14A(5) or 15 of

Schedule 4B unless a draft of the instrument containing the

regulations has been laid before, and approved by a resolution

of, each House of Parliament.””
382
Page 336, line 19, leave out “section 61F or 61G” and insert “any of sections 61F to

61GA”

96

Schedule 16
383
Page 367, leave out lines 1 to 4
384
Page 367, line 7, at end insert—

“Housing (Scotland) Act 2010 (asp 17)

59A
The Housing (Scotland) Act 2010 is amended as follows.

59B
In section 18(2) (co-operation with other regulators: definition of

“relevant regulators”) in paragraph (a) for “the Office for Tenants and

Social Landlords” substitute “the Regulator of Social Housing”.

59C
In section 68(3) (determination of accounting requirements for registered

social landlords: consultation with other bodies) in paragraph (c) for “the

Office for Tenants and Social Landlords” substitute “the Regulator of

Social Housing”.

Equality Act 2010 (c. 15)

59D
In Schedule 19 to the Equality Act 2010 (public authorities) omit the

entry for the Office for Tenants and Social Landlords.”
Schedule 17
385
Page 370, line 24, at end insert—

“1A
In section 122 (restriction on gifts and distributions by non-profit

registered providers to members etc) after subsection (6) insert—

“(7)
The Secretary of State may by order amend this section for the

purpose of—

(a)
adding to the permitted classes, or

(b)
modifying or removing a permitted class added by order

under this subsection.

(8)
Before making an order under subsection (7), the Secretary of

State must consult—

(a)
the Charity Commission,

(b)
the regulator, and

(c)
one or more bodies appearing to the Secretary of State to

represent the interests of registered providers.””
386
Page 374, line 10, at end insert—

“17
In section 320 (orders and regulations)—

(a)
in subsection (3)(a) (orders subject to approval in draft by each

House of Parliament), after “114” insert “, 122”, and

(b)
in subsection (7)(a) (orders subject to annulment by either House

of Parliament, and exceptions from that requirement), after “114”

insert “, 122”.”
Schedule 19
387
Page 379, line 12, at end insert—

97

“Greater London Authority Act 1999 (c. 29)

35A
The Greater London Authority Act 1999 is amended as follows.

35B(1)
Section 38 (delegation) is amended as follows.

      (2)
In subsection (2) (persons to whom functions exercisable by the Mayor

may be delegated) before paragraph (e) insert—

“(db)
the Homes and Communities Agency;”.

      (3)
In subsection (3) (cases where delegation to body requires its consent)

after “In the case of” insert “the Homes and Communities Agency,”.

      (4)
In subsection (7) (power to exercise delegated functions where no

existing power to do so) before paragraph (c) insert—

“(bb)
the Homes and Communities Agency,”.

      (5)
Before subsection (9) insert—

“(8B)
An authorisation given by the Mayor under subsection (1) above

to the Homes and Communities Agency in relation to a function

does not prevent the Mayor from exercising the function.”

35C(1)
In section 73(6), in the substituted subsection (2) of section 5 of the Local

Government and Housing Act 1989 (reports by monitoring officer), the

definition of “GLA body or person” is amended as follows.

      (2)
Before paragraph (d) insert—

“(ca)
the Homes and Communities Agency, when exercising

any function of the Greater London Authority in

consequence of an authorisation under section 38 of the

Greater London Authority Act 1999;”.

      (3)
Before paragraph (h) insert—

“(gb)
any committee or sub-committee of the Homes and

Communities Agency when exercising any function of

the Greater London Authority in consequence of an

authorisation under section 38 of the Greater London

Authority Act 1999;”.

      (4)
Before the closing words insert—

“(mb)
any member, or member of staff, of the Homes and

Communities Agency when exercising, or acting in the

exercise of, any function of the Greater London Authority

in consequence of an authorisation under section 38 of the

Greater London Authority Act 1999;”.”
388
Page 380, line 23, at end insert—

“43A
In section 4(6) (application of rules about the exercise of the Homes and

Communities Agency’s specific powers) before the “and” at the end of

paragraph (a) insert—

“(aa)
subsection (2) does not apply to the exercise of a function

by the HCA in consequence of an authorisation under

section 38 of the Greater London Authority Act 1999

(delegation by Mayor),”.”
389
Page 381, line 4, at end insert—

98

“51A
In section 148(1) (HCA may not, during a moratorium, give or enforce

directions as to the use or repayment of financial assistance)—

(a)
before “the HCA” insert “neither”,

(b)
after “the HCA” insert “, nor the Greater London Authority,

may”,

(c)
in each of paragraphs (a) and (b) omit “may not”, and

(d)
for the “and” between those paragraphs substitute “or”.”
Schedule 20
390
Page 383, line 16, at end insert—

“4A
In section 38(8) (application of section 101 of the Local Government Act

1972) after paragraph (a) insert “or”.”
Schedule 21
391
Page 383, line 39, at end insert—

  “(1A)
The Mayor must, subject to sub-paragraph (3), exercise the Mayor’s

power under sub-paragraph (1) so as to secure that the members of an

MDC include at least one elected member of each relevant London

council.

    (1B)
For the purposes of this Schedule—

(a)
“London council” means a London borough council or the

Common Council of the City of London, and

(b)
a London council is “relevant” in relation to an MDC if any part

of the MDC’s area is within the council’s area.”
392
Page 384, line 33, after “Act),” insert—

“(ca)
the member has since being appointed ceased to be an elected

member of a relevant London council and the Mayor wishes to

appoint an elected member of that council to be a member of the

MDC in the member’s place,”
393
Page 385, line 35, leave out from “MDC” to end of line 36
394
Page 386, line 20, after “it,” insert—

“(ba)
its members not including at least one elected member of each

relevant London council,”
Schedule 22
395
Page 387, line 13, at end insert—

“Local Authorities (Goods and Services) Act 1970 (c. 39)

1A
In section 1(4) of the Local Authorities (Goods and Services Act) 1970

(supply of goods and services by local authorities: interpretation) in the

definition of “local authority” after “(joint waste authorities)” insert “, a

Mayoral development corporation”.”
396
Page 387, line 35, at end insert—

99

“Local Government Act 1974 (c. 7)

2A
In section 25(1) of the Local Government Act 1974 (authorities subject to

investigation by a Local Commissioner) after paragraph (bd) insert—

“(bda)
a Mayoral development corporation,”.”
397
Page 394, line 12, at end insert—

    “(4)
After subsection (8) (further delegation, and Mayor’s power to continue

to continue to exercise delegated functions) insert—

“(8A)
An authorisation given by the Mayor under subsection (1) above

to a Mayoral development corporation in relation to a function

does not prevent the Mayor from exercising the function.””
398
Page 394, line 18, at end insert—

“45A (1)
Amend section 68 (disqualification and political restriction) as follows.

      (2)
In subsection (2) (application of disqualification and political restriction

to certain bodies) after paragraph (b) insert—

“(ba)
a Mayoral development corporation.”

      (3)
In subsection (3) (person appointed by Mayor as a member of his staff

under section 67(1) not disqualified from becoming an unpaid member

of Transport for London) after “Transport for London” insert “or a

Mayoral development corporation”.

      (4)
In subsection (6) (“statutory chief officer” to include chief finance

officer)—

(a)
after “London,” in paragraph (a) insert “and

(aa)
of a Mayoral development corporation,”, and

(b)
after “member of Transport for London” insert “or, as the case

may be, a Mayoral development corporation”.

      (5)
After subsection (6) insert—

“(6A)
In the application of section 2 of that Act in relation to a Mayoral

development corporation by virtue of subsections (1) and (2)

above, any reference to the person designated under section 4 of

that Act as its head of paid service is to be taken as a reference to

the chief executive of the Mayoral development corporation.”

45B(1)
In section 73(6), in the substituted subsection (2) of section 5 of the Local

Government and Housing Act 1989 (reports by monitoring officer),

amend the definition of “GLA body or person” as follows.

      (2)
After paragraph (b) insert—

“(ba)
a Mayoral development corporation, when exercising

any function of the Greater London Authority in

consequence of an authorisation under section 38 of the

Greater London Authority Act 1999;”.

      (3)
After paragraph (g) insert—

“(ga)
any committee or sub-committee of a Mayoral

development corporation when exercising any function

of the Greater London Authority in consequence of an

authorisation under section 38 of the Greater London

Authority Act 1999;”.

100

      (4)
After paragraph (m) insert—

“(ma)
any member, or member of staff, of a Mayoral

development corporation when exercising, or acting in

the exercise of, any function of the Greater London

Authority in consequence of an authorisation under

section 38 of the Greater London Authority Act 1999;”.”
Schedule 24
399
Page 403, line 22, at end insert “(Transfer schemes),”
400
Page 403, line 37, leave out from beginning to first “to” in line 38 and insert “an

appropriate authority to be required or permitted”
401
Page 404, line 7, leave out from beginning to first “to” in line 8 and insert “an

appropriate authority to be required or permitted”
402
Page 404, line 13, at end insert—

““appropriate authority” means—

(a)
the Treasury,

(b)
any other Minister of the Crown with the consent of the

Treasury, or

(c)
the Mayor of London with the consent of the Treasury,

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

the Crown Act 1975,”
Schedule 25
403
Page 404, line 37, at end insert—

“Part 2A

Other authorities

Reference
Extent of repeal

Transport Act 1968 (c. 73)
In section 10(1)(xxviii), the words “so far as not

required for the purposes of their business”.

Local Government Act 2003
In section 93(7)(b), the “and” at the end.”

(c. 26)

404
Page 405, leave out lines 8 and 9
405
Page 408, line 7, column 2, at beginning insert—

“Section 33(4), (6) and (7).

Section 34(5) and (6).

Section 38(4), (6) and (7).

Section 40(4), (6) and (7).”