House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

3931

House of Commons

Notices of Amendments

given up to and including

Thursday 3 November 2011

New Amendments handed in are marked thus

Consideration of Lords Amendments

Localism Bill

On Consideration of Lords Amendments to the Localism Bill

Lords Amendment No. 112

Zac Goldsmith

Martin Vickers

Caroline Lucas

Caroline Nokes

Mr Douglas Carswell

Jason McCartney

Mr Philip Hollobone

To move the following Amendment to the Bill instead of the words left out by Lords

Amendments 96 to 112.

(a)


Page  37,  line  18,  at end insert the following new Clause—


‘Duty to hold local referendum

(1)
A local authority must hold a referendum (a “local referendum”) if both of the

following conditions are met.

(2)
The first condition is that the authority receives a petition complying with the

rules made under subsections (10) and (11) requesting it to hold a local

referendum relating to a proposal of or a decision by the local authority relating

to—

(a)
services provided in pursuance of the local authority’s functions,

(b)
the authority’s expenditure on services provided in pursuance of the local

authority’s functions,

(c)
the authority’s power under section 2 of the Local Government Act 2000

(authority’s power to promote well-being of its area); or

(d)
any other matter relating to the responsibilities of the local authority.

Notices of Amendments: 3 November 2011
3932

Localism Bill, continued

(3)
The second condition is that the petition is signed by 20 per cent. of local

government electors in the relevant local authority area, to be defined in the rules

made under subsections (10) and (11).

(4)
The local authority must, in the case of a petition relating to subsection (2)(a),

(2)(b) or (2)(c), hold a referendum on its proposal or decision before taking any

steps to implement that proposal or decision, or in the case of a petition relating

to subsection (2)(d), hold a referendum on that matter.

(5)
In this section, “local authority” means—

(a)
a county council in England,

(b)
a district council,

(c)
a London borough council,

(d)
a Unitary Council as defined in section 117(4),

(e)
the Greater London Authority,

(f)
the Common Council of the City of London in its capacity as a local

authority, or

(g)
the Council of the Isles of Scilly.

(6)
The outcome of a local referendum shall be binding on the local authority, subject

to exceptions set out in regulations made by the Secretary of State by statutory

instrument.

(7)
If the result of a referendum held under subsection (2)(a), (2)(b) or (2)(c) is to

approve the proposal or decision, the local authority must implement that

proposal or decision, subject to exceptions set out in regulations made by the

Secretary of State by statutory instrument.

(8)
If the result of a referendum held under subsection (2)(a), (2)(b) or (2)(c) is not to

approve the proposal or decision, the local authority must not implement that

proposal or decision, subject to exceptions set out in regulations made by the

Secretary of State by statutory instrument.

(9)
The outcome of a referendum held under subsection (2)(d) shall be binding on the

local authority, subject to exceptions set out in regulations made by the Secretary

of State by statutory instrument.

(10)
Local referenda must be conducted (including the giving of notice of intent to

petition for a referendum, submission of a petition, the determination of

appropriateness of the referendum question and the date of referendum, publicity

for and in relation to local referenda and voting in local referenda) in accordance

with rules made by the Secretary of State by statutory instrument.

(11)
Regulations and rules under this section must be laid before Parliament in draft

before the end of six months beginning with the day on which this Act is passed

and shall be subject to approval by resolution of both Houses of Parliament.’.

Notices of Amendments: 3 November 2011
3933

Localism Bill, continued

Lords Amendment No. 154

As an Amendment to the Lords Amendment:—

Hilary Benn

Jack Dromey

Roberta Blackman-Woods

Helen Jones

Chris Williamson

Caroline Lucas

(a)

Line  13,  at end add—

‘(3D)
An order under subsection (3) or subsection (3B) must include transitional

arrangements for all affected local authorities, including provision relating to

national policy statements and local development plan documents.’.

Lords Amendment No. 157

As an Amendment to the Lords Amendment:—

Hilary Benn

Jack Dromey

Roberta Blackman-Woods

Helen Jones

Chris Williamson

(a)

Line  8,  after ‘unviable’, insert ‘, and in making the regulations the Secretary of

State must include provision for independent assessments to be made in any

case where economic unviability is cited.’.

Lords Amendment No. 185

As an Amendment to the Lords Amendment:—

Hilary Benn

Jack Dromey

Roberta Blackman-Woods

Helen Jones

Chris Williamson

(a)


Line  1,  leave out from ‘insert’ to end of line 11 and insert ‘following a period of

two years, and sets out the other express terms of the tenancy.’.

Notices of Amendments: 3 November 2011
3934

Localism Bill, continued

Lords Amendment No. 369

As an Amendment to the Lords Amendment:—

Hilary Benn

Jack Dromey

Roberta Blackman-Woods

Helen Jones

Chris Williamson

Caroline Lucas

(a)

Line  5,  after ‘with’, insert ‘(including in particular a requirement that local

community organisations (as defined in the regulations) be given the

opportunity to comment on a proposal for a neighbourhood development

order)’.

Lords Amendment No. 370

As an Amendment to the Lords Amendment:—

Hilary Benn

Jack Dromey

Roberta Blackman-Woods

Helen Jones

Chris Williamson

Caroline Lucas

(a)

Line  3,  after ‘development’, insert ‘which for this purpose means development

that meets the social, economic and environmental needs of the present without

compromising the ability of future generations to meet their own needs, based

on the following guiding principles—

(a)
living within environmental limits, namely respecting the limits of the

planet’s environment, resources and biodiversity, to improve our

environment and ensure that the natural resources needed for life are

unimpaired and remain so for future generations;

(b)
ensuring a strong, healthy and just society, namely meeting the diverse

needs of all people in existing and future communities, promoting

personal wellbeing, social cohesion and inclusion, and creating equal

opportunity for all;

(c)
achieving a sustainable economy, namely building a strong, stable and

sustainable economy which provides prosperity and opportunities to all,

and in which environmental and social costs fall on those who impose

them and efficient resource use is incentivised;

(d)
promoting good governance, namely actively promoting effective,

participative systems of governance in all levels of society and engaging

people’s creativity, energy and diversity; and

(e)
using sound science responsibly, namely ensuring policy is developed on

the basis of strong scientific evidence, whilst taking into account

Notices of Amendments: 3 November 2011
3935

Localism Bill, continued

scientific uncertainty (through the precautionary principle) as well as

public attitudes and values.’.

Lords Amendment No. 391

As an Amendment to the Lords Amendment:—

Stephen Timms

(a)

Line  5,  at end insert ‘and, if more than 50 per cent. of the MDC’s area falls within

the area of a particular London council, 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 that MDC include at least two elected members of

that London council.’.

Order of the House [17 January 2011]

That the following provisions shall apply to the Localism Bill—

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 10 March 2011.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Notices of Amendments: 3 November 2011
3936

Localism Bill, continued

Localism Bill (Programme) (No. 3)

Secretary Eric Pickles

That the following provisions shall apply to the Localism Bill for the purpose of

supplementing the Orders of 17 January 2011 (Localism Bill (Programme)) and 17 May

2011 (Localism (Programme) (No. 2)):

Consideration of Lords Amendments

1.
Proceedings on consideration of Lords Amendments shall (so far as not

previously concluded) be brought to a conclusion at 10.00 pm at this day‘s

sitting.

Subsequent stages

2.
Any further Message from the Lords may be considered forthwith without

any Question being put.

3.
The proceedings on any further Message from the Lords shall (so far as not

previously concluded) be brought to a conclusion one hour after their

commencement.



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