Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 3 November 2015

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: NC33

 

Committee of the whole House


 

Cities and Local Government Devolution Bill


 

[Lords]


 

Note

 

This document includes all remaining amendments and includes any withdrawn

 

amendments at the end. The amendments have been arranged in accordance with

 

the Order of the House [14 October 2015].

 


 

Clauses 20 and 21; new Clauses and New Schedules relating to the subject

 

matter of Clauses 20 and 21;

 

Mr Graham Allen

 

NC3

 

To move the following Clause—

 

         

“Governance arrangements of local authorities in England: election of

 

councillors

 

(1)    

Section 36 of the Representation of the People Act 1983 (local elections in

 

England and Wales) is amended as follows.


 
 

Notices of Amendments: 3 November 2015                  

2

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

(2)    

After subsection (1) insert—

 

“(1A)    

Rules made by the Secretary of State under subsection (1) must ensure

 

that each poll at an election shall be conducted in accordance with an

 

electoral system to be decided by that local authority.””

 

Member’s explanatory statement

 

This amendment transfers to local people the power to decide their own electoral system for local

 

elections.

 


 

Mr Andrew Turner

 

NC9

 

To move the following Clause—

 

         

“Separation of local authorities: local referendums

 

(1)    

The Secretary of State shall by regulations make provision about the

 

circumstances in which a constituent part of a local authority can separate from

 

the local authority of which it is currently a part and become established as a new

 

local authority in its own right.

 

(2)    

Such regulations must provide that a constituent part of a local authority can

 

secede from an existing local authority only if a majority of local government

 

electors in that constituent part who take part in a vote on the proposal are in

 

favour of the proposal.

 

(3)    

Such regulations must cover—

 

(a)    

The information that the proposed new local authority shall provide

 

ahead of such a referendum being conducted, such which may include

 

but shall not be limited to—

 

(i)    

information on geographic extent of the new local authority, and

 

(ii)    

information on the governance arrangements for the new local

 

authority.

 

(b)    

The basis on which a transfer of resources from an existing local

 

authority to a new local authority shall be calculated.

 

(4)    

Regulations made by the Secretary of State may make similar provision for a

 

constituent part of a local authority to separate from the local authority of which

 

it is currently a part in order to join a neighbouring local authority.”

 

 



 
 

Notices of Amendments: 3 November 2015                  

3

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

Remaining New Clauses; remaining New Schedules; Clause 22; Schedule 4;

 

Clauses 23 to 25; remaining proceedings on the Bill

 

Mr Graham Allen

 

NC19

 

To move the following Clause—

 

         

“Constitutional Convention

 

A convention is to be held to consider and make recommendations on the

 

constitution of the United Kingdom, commencing its operation no later than 31

 

December 2016.”

 

Member’s explanatory statement

 

This new clause would establish a national public discussion on the renewal of the UK democracy.

 


 

Jon Trickett

 

Liz McInnes

 

Mr Steve Reed

 

Paula Sherriff

 

Grahame Morris

 

NC24

 

To move the following Clause—

 

         

“National framework for devolution of fiscal powers

 

Within twelve months of the passing of this Act, the Secretary of State must

 

publish a framework for further devolution of fiscal powers, including but not

 

limited to, setting and revaluating local tax rates, banding and discounts.”

 

Member’s explanatory statement

 

This new Clause would require the Secretary of State to set out a framework for further devolution

 

of fiscal powers.

 


 

Mr Graham Allen

 

NC27

 

To move the following Clause—

 

         

“Devolution of tax revenues

 

(1)    

From the beginning of the 2016–17 tax year, the main UK rates of income tax are

 

reduced by 10 pence in the pound for those identified as English taxpayers.

 

(2)    

The Department of Communities and Local Government must set a new

 

substitute 10 pence English rate of income tax to be added to the reduced UK

 

rates.

 

(3)    

The English block grant must be adjusted to reflect the change in funding streams

 

arising from subsections (1) and (2).


 
 

Notices of Amendments: 3 November 2015                  

4

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

(4)    

From the beginning of the 2016–17 tax year, the revenue from taxes on land

 

transactions in England and on landfill in England shall be assigned to the

 

Department of Communities and Local Government.”

 

Member’s explanatory statement

 

This new Clause would bring England into line with Scotland and devolve to England the income

 

tax and other financial powers already devolved to Scotland in the Scotland Act 2012, so that

 

English local government and the Department of Communities and Local Government can become

 

the vehicle to deliver financial devolution in England.

 


 

Mr Graham Allen

 

NC28

 

To move the following Clause—

 

         

“Devolution of fiscal powers

 

English councils have the same powers from April 2016 as Scottish Ministers in

 

the Scotland Act 2012—

 

(a)    

to borrow from the National Loans Fund, commercial banks and local

 

council bond issues, to deal with deviations between forecast and actual

 

revenues, in year shortfalls and agreed capital investment, and

 

(b)    

to devolve other existing taxes and to create with the consent of local

 

electorates new locally specific taxes.”

 

Member’s explanatory statement

 

This new Clause would bring England into line with Scotland and devolve to England the

 

borrowing powers already devolved to Scotland in the Scotland Act 2012, so that English local

 

government and the Department of Communities and Local Government can become the vehicle

 

to deliver financial devolution in England.

 


 

Mr Graham Allen

 

NC29

 

To move the following Clause—

 

         

“The Local Government Independence Code

 

(1)    

There shall be a Code, to be known as “the Local Government Independence

 

Code”, the principal purpose of which shall be to define and regulate the

 

relationship between central and local government.

 

(2)    

A court or tribunal determining a question which has arisen in connection with

 

the functions of a local authority, or of the Secretary of State or other public

 

authority in relation to any local authority, must take into account the provisions

 

of the Code.

 

(3)    

Schedule (The Local Government Independence Code) which—

 

(a)    

sets out the terms of the Code,

 

(b)    

makes provision about the application of the Code, and requires public

 

authorities, including central and local government, to comply with the

 

Code,

 

(c)    

makes provision for amending the Code,


 
 

Notices of Amendments: 3 November 2015                  

5

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

(d)    

requires that, where it is possible to do so, primary legislation and

 

subordinate legislation must be read and given effect in a way which

 

ensures compliance with the Code, and makes provision for the

 

amending of legislation where it is found not to be compatible with the

 

Code,

 

(e)    

makes provision about remedial orders to amend legislation,

 

(f)    

makes provision for Ministers to make, or refuse to make, a statement

 

that a Bill is compatible with the Code,

 

(g)    

amends the Parliament Act 1911 so as to exclude any Bill seeking to

 

amend this Act from the provisions of the Parliament Act 1911,

 

(h)    

provides for amendments which are consequential on the making of the

 

Code to certain enactments relating to local authorities, and

 

(i)    

requires the Secretary of State to provide for the review of provisions in

 

pre-commencement legislation to assess their compatibility with the

 

provisions of the Code,

 

    

has effect.”

 

Member’s explanatory statement

 

The intention of this new Clause is to define the independence of local government and to regulate

 

the relationship between local and central government in England by means of a statutory Code.

 


 

John Stevenson

 

NC30

 

To move the following Clause—

 

         

“Reduction in petition threshold

 

(1)    

The Local Government Act 2000 is amended as follows.

 

(2)    

In section 34(4) (minimum number of local government electors for a local

 

authority’s area who must support any petition presented to the authority), for “5

 

per cent” substitute “1 per cent”.”

 

Member’s explanatory statement

 

This amendment would reduce the minimum number of local government electors for a local

 

authority’s area who must support any petition presented to the authority from 5 per cent to 1 per

 

cent.

 



 
 

Notices of Amendments: 3 November 2015                  

6

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

Mr David Burrowes

 

Dr Sarah Wollaston

 

NC31

 

To move the following Clause—

 

         

“Mayors of combined authorities: Further functions

 

(1)    

After section 107E of the Local Democracy, Economic Development and

 

Construction Act 2009 (inserted by section 6 above) insert—

 

“107F

 Functions of mayors: alcohol pricing

 

(1)    

The Secretary of State may by order make provision for a mayor of a

 

mayoral combined authority to have the power to set a minimum unit

 

price for alcohol that is sold within that combined authority area.

 

(2)    

An order made under subsection (1) above must include a provision that

 

such a power may be exercised by a mayor only following a consultation

 

which includes local residents on the proposed level of the minimum unit

 

price for alcohol.””

 


 

Mr David Burrowes

 

Caroline Ansell

 

Fiona Bruce

 

NC32

 

To move the following Clause—

 

         

“Devolution to combined authorities: the family test

 

(1)    

As soon as practicable after 31 March each year a mayoral combined authority in

 

England shall produce and publish a report setting out its performance in applying

 

the family test headings set out in subsection (3) over the most recent year to 31

 

March.

 

(2)    

In applying the family test, the mayoral combined authority must consider the

 

impact of its policies and performance under each of the family test headings set

 

out in subsection (3) and consider any guidance issued by the Secretary of State.

 

(3)    

The family test headings are—

 

(a)    

family formation;

 

(b)    

families going through key transitions such as becoming parents, getting

 

married, fostering or adopting, bereavement, redundancy, new caring

 

responsibilities or the onset of a long-term health condition;

 

(c)    

all family members’ ability to play a full role in family life, including

 

with respect to parenting and other caring responsibilities;

 

(d)    

families before, during and after couple separation; and

 

(e)    

those families most at risk of deterioration of relationship quality and

 

breakdown.

 

(4)    

An overview and scrutiny committee of the mayoral combined authority shall

 

review the report within four months of its publication.

 

(5)    

The Secretary of State may issue guidance to mayoral combined authorities on

 

applying the family test and on reporting on the test.”

 

Member’s explanatory statement

 

This new Clause would require mayoral combined authorities in England to report annually on


 
 

Notices of Amendments: 3 November 2015                  

7

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

their performance in relation to the DWP’s Family Test (October 2014) and for an overview and

 

scrutiny committee to examine the contents of the report.

 


 

Graham Allen

 

NC33

 

Parliamentary Star    

To move the following Clause—

 

         

“Parish Councils: Power of parish council to sell electricity

 

In Section 44 (1)(b) of the Local Government (Miscellaneous Provisions) Act

 

1976 insert “11” between “1” and “16”.”

 

Member’s explanatory statement

 

This amendment will allow parish councils to be able to sell electricity that it generates.

 

 


 

Mr Graham Allen

 

NS2

 

To move the following Schedule—

 

“Schedule

 

The Local Government Independence Code

 

1          

Chapter 4ZA and Chapter 4A of Part 1 of the Local Government Finance Act

 

1992 are repealed.

 

2    (1)  

This Code—

 

(a)    

defines the relationship between central government and local

 

authorities; and

 

(b)    

makes provision about the financial independence and conduct of

 

local authorities.

 

      (2)  

For the avoidance of doubt, nothing in this Code shall affect the rights of

 

individuals; and individuals may continue to seek judicial review of any action

 

by a public authority which they regard as unjust or as infringing their rights.

 

Local Autonomy and Local Self-Government

 

3    (1)  

Local authorities’ accountability is to their electorates.

 

      (2)  

Local authorities are autonomous, democratically-elected bodies which

 

independently decide upon, administer and regulate public affairs and deal

 

with all matters of concern within their boundaries to the extent that such

 

matters are not the statutory responsibility of another body.

 

      (3)  

Local authorities shall continue to operate within the rule of law.

 

      (4)  

Local authorities shall continue to operate with full legal personality and under

 

a general power of competence. Subject to sub-paragraph (4), local authorities

 

may pass measures on matters affecting the affairs and interests of their area.


 
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