Session 2015-16
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 13 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

 

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This document includes all remaining amendments and includes any withdrawn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;

 

Secretary Greg Clark

 

61

 

Page  18,  line  41,  leave out Clause 20

 

Member’s explanatory statement

 

This would remove clause 20 of the Bill, which amends the Representation of the People Act 1983,

 

reducing the minimum voting age for local government electors in England and Wales from 18 to

 

16.

 



 
 

Notices of Amendments: 13 November 2015                  

2

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

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.

 

(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: 13 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

 

Secretary Greg Clark

 

NC34

 

To move the following Clause—

 

         

“Sub-national transport bodies

 

After Part 5 of the Local Transport Act 2008 insert—

 

“Part 5A

 

Sub-national transport bodies

 

Establishment and constitution of STBs

 

102E  

Power to establish STBs

 

(1)    

The Secretary of State may by regulations establish a sub-national

 

transport body for any area in England outside Greater London.

 

(2)    

In this Part—

 

(a)    

“STB” means a sub-national transport body established under

 

this section, and

 

(b)    

references to the area of an STB are to the area in England for

 

which the STB is established.

 

(3)    

Regulations under this section must specify—

 

(a)    

the name by which the STB is to be known, and

 

(b)    

the area of the STB.

 

(4)    

The area of an STB must consist of the whole of the area of two or more

 

relevant authorities (whether or not of the same kind).

 

(5)    

Each of the following is a “relevant authority” for the purposes of this

 

Part—

 

(a)    

a combined authority;

 

(b)    

an ITA;

 

(c)    

a county council that comes within subsection (6);

 

(d)    

a unitary district council that comes within that subsection;

 

(e)    

the Council of the Isles of Scilly.

 

(6)    

A council comes within this subsection if no part of its area forms part

 

of—

 

(a)    

the area of a combined authority, or

 

(b)    

an integrated transport area.

 

(7)    

An STB is to be established as a body corporate.

 

102F  

Requirements in connection with regulations under section 102E

 

(1)    

Regulations under section 102E may be made establishing an STB for an

 

area only if the Secretary of State considers that—

 

(a)    

its establishment would facilitate the development and

 

implementation of transport strategies for the area, and


 
 

Notices of Amendments: 13 November 2015                  

4

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

(b)    

the objective of economic growth in the area would be furthered

 

by the development and implementation of such strategies.

 

(2)    

The reference in subsection (1)(a) to “transport strategies”, in relation to

 

the area of an STB, is a reference to strategies for improving—

 

(a)    

the exercise of transport functions in the area (whether or not

 

exercisable by the STB), and

 

(b)    

the effectiveness and efficiency of transport to, from or within

 

the area.

 

(3)    

Regulations under section 102E establishing an STB for an area may be

 

made only if—

 

(a)    

the constituent authorities have together made a proposal to the

 

Secretary of State for there to be an STB for the area, and

 

(b)    

those authorities consent to the making of the regulations.

 

(4)    

For the purposes of this Part, the constituent authorities of an STB are

 

every relevant authority whose area is within the area, or proposed area,

 

of the STB.

 

(5)    

Before making a proposal under this section the constituent authorities

 

must consult—

 

(a)    

each appropriate authority (if it is not a constituent authority),

 

and

 

(b)    

any other persons whom the constituent authorities consider it is

 

appropriate to consult.

 

(6)    

The Secretary of State may require the constituent authorities to consult

 

any other persons (not already consulted under subsection (5)(b)) whom

 

the Secretary of State considers should be consulted in connection with a

 

proposal under this section.

 

(7)    

For the purposes of subsection (5), each of the following is an

 

“appropriate authority” if any part of the authority’s area adjoins the area

 

of the proposed STB—

 

(a)    

a combined authority;

 

(b)    

an ITA;

 

(c)    

Transport for London;

 

(d)    

a county council;

 

(e)    

a unitary district council;

 

(f)    

a London borough council.

 

102G  

Constitution of STBs

 

(1)    

The Secretary of State may by regulations make provision about the

 

constitutional arrangements in relation to an STB.

 

(2)    

“Constitutional arrangements”, in relation to an STB, include

 

arrangements in respect of—

 

(a)    

the membership of the STB (including the number and

 

appointment of members of the STB),

 

(b)    

the voting powers of members of the STB (including provision

 

for different weight to be given to the vote of different

 

descriptions of member),

 

(c)    

the executive arrangements of the STB, and

 

(d)    

the functions of any executive body of the STB.


 
 

Notices of Amendments: 13 November 2015                  

5

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

(3)    

Regulations made by virtue of subsection (2)(a) which include provision

 

about the number and appointment of members of the STB must

 

provide—

 

(a)    

for the members of the STB to be appointed by the STB’s

 

constituent authorities, and

 

(b)    

for those members to be appointed from among the elected

 

members of the constituent authorities.

 

(4)    

Regulations made by virtue of subsection (2)(a) may provide for persons,

 

who are not elected members of the constituent authorities, to be

 

appointed as co-opted members of an STB; but such regulations must

 

provide (by virtue of subsection (2)(b)) for those co-opted members to be

 

non-voting members of the STB.

 

(5)    

The voting members of an STB may resolve that provision made in

 

accordance with subsection (4) is not to apply (generally or in relation to

 

particular matters) in the case of the STB.

 

(6)    

In subsection (2)(c) “executive arrangements” means—

 

(a)    

the appointment of an executive;

 

(b)    

the functions of the STB which are the responsibility of an

 

executive;

 

(c)    

the functions of the STB which are the responsibility of an

 

executive and which may be discharged by a committee of the

 

STB, by an officer of the STB or by a body other than the STB;

 

(d)    

arrangements relating to the review and scrutiny of the discharge

 

of functions;

 

(e)    

access to information on the proceedings of an executive of the

 

STB;

 

(f)    

the keeping of a record of any arrangements relating to the STB

 

and falling within any of paragraphs (a) to (e).

 

(7)    

The provision which may be made by regulations by virtue of subsection

 

(2)(d) includes—

 

(a)    

provision setting up or dissolving an executive body of an STB,

 

or merging two or more executive bodies of an STB;

 

(b)    

provision conferring functions on, or removing functions from,

 

an executive body of an STB;

 

(c)    

provision transferring functions of an STB to an executive body

 

of the STB, and transferring functions of an executive body of an

 

STB to the STB.

 

(8)    

Regulations under this section may authorise an STB to delegate any of

 

its functions to one or more of its constituent authorities (and any such

 

delegation may be made subject to conditions or limitations).

 

(9)    

Regulations under this section may not provide for the budget of an STB

 

to be agreed otherwise than by the STB.

 

(10)    

For the purposes of subsections (3) and (4), the “elected members” of a

 

constituent authority—

 

(a)    

in the case of a combined authority, are the mayor for the area of

 

the combined authority (if there is one) and those members of the

 

authority who are appointed from among the elected members of

 

the authority’s constituent councils (see section 85(1)(b) above


 
 

Notices of Amendments: 13 November 2015                  

6

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

as applied by section 104(2) of the Local Democracy, Economic

 

Development and Construction Act 2009);

 

(b)    

in the case of an ITA, are those members of the ITA who are

 

appointed from among the elected members of the ITA’s

 

constituent councils (see section 85(1)(b) above);

 

(c)    

in the case of a county council, a unitary district council or the

 

Council of the Isles of Scilly, are the elected members of the

 

council.

 

Functions

 

102H  

General functions

 

(1)    

The Secretary of State may by regulations provide for an STB to have any

 

of the following functions in relation to its area—

 

(a)    

to prepare a transport strategy for the area (see section 102I);

 

(b)    

to provide advice to the Secretary of State about the exercise of

 

transport functions in relation to the area (whether exercisable by

 

the Secretary of State or others);

 

(c)    

to co-ordinate the carrying out of transport functions in relation

 

to the area that are exercisable by different constituent

 

authorities, with a view to improving the effectiveness and

 

efficiency in the carrying out of those functions;

 

(d)    

if the STB considers that a transport function in relation to the

 

area would more effectively and efficiently be carried out by the

 

STB, to make proposals to the Secretary of State for the transfer

 

of that function to the STB;

 

(e)    

to make other proposals to the Secretary of State about the role

 

and functions of the STB.

 

(2)    

The Secretary of State may by regulations provide for an STB to have

 

other functions of a description set out in the regulations.

 

(3)    

Regulations under subsection (2) may be made only for functions to be

 

exercisable in relation to the area of the STB that—

 

(a)    

relate to transport,

 

(b)    

the Secretary of State considers can appropriately be exercised

 

by the STB, and

 

(c)    

are not already exercisable in relation to that area by a local

 

authority or a public authority (see instead sections 102J and

 

102K respectively for a power to transfer such functions to an

 

STB).

 

(4)    

The Secretary of State may by regulations make further provision about

 

how an STB is to carry out functions that it has under or by virtue of this

 

Part.

 

(5)    

Regulations under this section in relation to an existing STB may be

 

made only with the consent of the STB.

 

(6)    

Nothing in this section limits the power of the Secretary of State to confer

 

other functions on an STB under this Part.

 

102I  

Transport strategy of an STB

 

(1)    

The transport strategy of an STB is a document containing the STB’s

 

proposals for the promotion and encouragement of sustainable, safe,


 
 

Notices of Amendments: 13 November 2015                  

7

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

integrated, efficient and economic transport facilities and services to,

 

from and within the area of the STB.

 

(2)    

The transport facilities and services mentioned in subsection (1) are—

 

(a)    

those required to meet the needs of persons (including

 

pedestrians) living or working in, or visiting, the area of the STB,

 

and

 

(b)    

those required for the transportation of freight.

 

(3)    

An STB may include in its transport strategy any other proposals it

 

considers appropriate that relate to transport to, from or within its area.

 

(4)    

An STB must publish its transport strategy.

 

(5)    

If an STB revises its transport strategy, the STB must publish the strategy

 

as revised.

 

(6)    

In preparing or revising its transport strategy an STB must carry out a

 

public consultation.

 

(7)    

In carrying out a public consultation under subsection (6), the STB must

 

ensure that such of the following persons as the STB considers

 

appropriate (taking into account the proposals to be contained in the

 

strategy) have a reasonable opportunity to respond to the consultation—

 

(a)    

the Secretary of State;

 

(b)    

a combined authority;

 

(c)    

another STB;

 

(d)    

an ITA;

 

(e)    

a Passenger Transport Executive;

 

(f)    

Transport for London;

 

(g)    

a person to whom a licence is granted under section 8 of the

 

Railways Act 1993 (licences authorising persons to be operator

 

of railway assets);

 

(h)    

Highways England Company Limited;

 

(i)    

a local highway authority (within the meaning of the Highways

 

Act 1980);

 

(j)    

a county council in England;

 

(k)    

a unitary district council;

 

(l)    

a London borough council.

 

(8)    

In preparing or revising its transport strategy an STB must (among other

 

matters) have regard to—

 

(a)    

the promotion of economic growth in its area,

 

(b)    

the social and environmental impacts in connection with the

 

implementation of the proposals contained in the strategy,

 

(c)    

any current national policy relating to transport that has been

 

published by or on behalf of Her Majesty’s Government, and

 

(d)    

the results of the public consultation mentioned in subsection (6).

 

(9)    

The Secretary of State must have regard to proposals contained in the

 

transport strategy of an STB that appear to the Secretary of State to

 

further the objective of economic growth in the area of the STB in

 

determining—

 

(a)    

national policies relating to transport (so far as relevant in

 

relation to such proposals), and


 
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