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| | On Consideration of Lords Amendments to the Localism Bill
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| | | Lords Amendments 1 to 112 Agreed to. |
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| | To move the following Amendment to the Bill instead of the words left out by Lords |
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| | Page 37, line 18, at end insert the following new Clause— |
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| | | | ‘Duty to hold local referendum |
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| | | (1) | A local authority must hold a referendum (a “local referendum”) if both of the |
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| | | following conditions are met. |
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| | | (2) | The first condition is that the authority receives a petition complying with the |
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| | | rules made under subsections (10) and (11) requesting it to hold a local |
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| | | referendum relating to a proposal of or a decision by the local authority relating |
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| | | (a) | services provided in pursuance of the local authority’s functions, |
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| | | (b) | the authority’s expenditure on services provided in pursuance of the local |
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| | | (c) | the authority’s power under section 2 of the Local Government Act 2000 |
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| | | (authority’s power to promote well-being of its area); or |
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| | | (d) | any other matter relating to the responsibilities of the local authority. |
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| | | (3) | The second condition is that the petition is signed by 20 per cent. of local |
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| | | government electors in the relevant local authority area, to be defined in the rules |
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| | | made under subsections (10) and (11). |
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| | | (4) | The local authority must, in the case of a petition relating to subsection (2)(a), |
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| | | (2)(b) or (2)(c), hold a referendum on its proposal or decision before taking any |
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| | | steps to implement that proposal or decision, or in the case of a petition relating |
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| | | to subsection (2)(d), hold a referendum on that matter. |
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| | | (5) | In this section, “local authority” means— |
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| | | (a) | a county council in England, |
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| | | (c) | a London borough council, |
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| | | (d) | a Unitary Council as defined in section 117(4), |
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| | | (e) | the Greater London Authority, |
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| | | (f) | the Common Council of the City of London in its capacity as a local |
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| | | (g) | the Council of the Isles of Scilly. |
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| | | (6) | The outcome of a local referendum shall be binding on the local authority, subject |
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| | | to exceptions set out in regulations made by the Secretary of State by statutory |
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| | | (7) | If the result of a referendum held under subsection (2)(a), (2)(b) or (2)(c) is to |
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| | | approve the proposal or decision, the local authority must implement that |
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| | | proposal or decision, subject to exceptions set out in regulations made by the |
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| | | Secretary of State by statutory instrument. |
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| | | (8) | If the result of a referendum held under subsection (2)(a), (2)(b) or (2)(c) is not to |
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| | | approve the proposal or decision, the local authority must not implement that |
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| | | proposal or decision, subject to exceptions set out in regulations made by the |
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| | | Secretary of State by statutory instrument. |
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| | | (9) | The outcome of a referendum held under subsection (2)(d) shall be binding on the |
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| | | local authority, subject to exceptions set out in regulations made by the Secretary |
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| | | of State by statutory instrument. |
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| | | (10) | Local referenda must be conducted (including the giving of notice of intent to |
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| | | petition for a referendum, submission of a petition, the determination of |
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| | | appropriateness of the referendum question and the date of referendum, publicity |
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| | | for and in relation to local referenda and voting in local referenda) in accordance |
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| | | with rules made by the Secretary of State by statutory instrument. |
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| | | (11) | Regulations and rules under this section must be laid before Parliament in draft |
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| | | before the end of six months beginning with the day on which this Act is passed |
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| | | and shall be subject to approval by resolution of both Houses of Parliament.’. |
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| | | Lords Amendments 113 to 153 Agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | | Negatived on division (a) |
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| | | ‘(3D) | An order under subsection (3) or subsection (3B) must include transitional |
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| | | arrangements for all affected local authorities, including provision relating to |
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| | | national policy statements and local development plan documents.’. |
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| | | Lords Amendment 154 Agreed to. |
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| | | Lords Amendments 155 to 156 Agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | Line 8, after ‘unviable’, insert ‘, and in making the regulations the Secretary of |
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| | State must include provision for independent assessments to be made in any |
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| | case where economic unviability is cited.’. |
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| | | Lords Amendments 157 to 184 Agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | Line 1, leave out from ‘insert’ to end of line 11 and insert ‘“following a period of |
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| | two years, and sets out the other express terms of the tenancy.”.’. |
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| | | Lords Amendments 185 to 368 Agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | Line 5, after ‘with’, insert ‘(including in particular a requirement that local |
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| | community organisations (as defined in the regulations) be given the |
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| | opportunity to comment on a proposal for a neighbourhood development |
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| | | Lords Amendment 369 Agreed to. |
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| | As an Amendment to the Lords Amendment:— |
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| | Line 3, after ‘development’, insert ‘which for this purpose means development |
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| | that meets the social, economic and environmental needs of the present without |
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| | compromising the ability of future generations to meet their own needs, based |
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| | on the following guiding principles— |
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| | | (a) | living within environmental limits, namely respecting the limits of the |
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| | | planet’s environment, resources and biodiversity, to improve our |
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| | | environment and ensure that the natural resources needed for life are |
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| | | unimpaired and remain so for future generations; |
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| | | (b) | ensuring a strong, healthy and just society, namely meeting the diverse |
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| | | needs of all people in existing and future communities, promoting |
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| | | personal wellbeing, social cohesion and inclusion, and creating equal |
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| | | (c) | achieving a sustainable economy, namely building a strong, stable and |
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| | | sustainable economy which provides prosperity and opportunities to all, |
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| | | and in which environmental and social costs fall on those who impose |
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| | | them and efficient resource use is incentivised; |
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| | | (d) | promoting good governance, namely actively promoting effective, |
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| | | participative systems of governance in all levels of society and engaging |
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| | | people’s creativity, energy and diversity; and |
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| | | (e) | using sound science responsibly, namely ensuring policy is developed on |
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| | | the basis of strong scientific evidence, whilst taking into account |
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| | | scientific uncertainty (through the precautionary principle) as well as |
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| | | public attitudes and values.’. |
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| | | Lords Amendments 370 to 390 Agreed to. |
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