1

House of Commons

Notices of Amendments

given up to and including

Thursday 15 October 2015

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication:

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This document includes all remaining amendments and includes any withdrawn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 1 and 2; New Clauses and New Schedules relating to the subject

matter of Clauses 1 and 2; Clause 3; Schedule 1; Clause 4; New Clauses and

New Schedules relating to the subject matter of Clauses 3 and 4;

Secretary Greg Clark

29

Clause  1,  page  1,  line  14,  leave out “under section 2”

Member’s explanatory statement

This amendment would be consequential on leaving out clause 2.

Notices of Amendments: 15 October 2015                  

2

Cities and Local Government Devolution Bill-[ ], continued

Secretary Greg Clark

3

Page  2,  line  1,  leave out Clause 2

Member’s explanatory statement

This removes the obligation for a Minister introducing a Bill in either House of Parliament to make

and publish a written devolution statement before that Bill’s Second Reading.

Mr Graham Allen

NC1

To move the following Clause—

“Competences of local government

(1)    

The Secretary of State must, after consultation with representatives from local

government, publish a list of competences of local government.

(2)    

After the list has been published, the Secretary of State may not publish any

amended list of competences of local government without first obtaining

approval of the revised list consent from—

(a)    

the House of Commons, with two-thirds of its membership voting in

favour of the amended list, and

(b)    

the Local Government Association.”

Mr Graham Allen

NC2

To move the following Clause—

“Subsidiarity

That Subsidiarity as defined by the Maastricht Treaty 1992 Article 5(3) shall

apply to the functions of national and local government.”

Secretary Greg Clark

4

Clause  3,  page  2,  line  18,  leave out subsection (2)

Member’s explanatory statement

This amendment removes the prohibition against an order providing for there to be a mayor for

the area of a combined authority as a condition for agreeing to transfer the functions of local

authorities or other public bodies to that combined authority.

Notices of Amendments: 15 October 2015                  

3

Cities and Local Government Devolution Bill-[ ], continued

Secretary Greg Clark

18

Schedule  1,  page  21,  line  29,  after “State” insert “or the Chancellor of the Duchy of

Lancaster”

Member’s explanatory statement

This provides for the order making power in paragraph 3 of new Schedule 5B to the Local

Democracy, Economic Development and Construction Act 2009 to be exercised concurrently with

the Chancellor of the Duchy of Lancaster.

Secretary Greg Clark

19

Schedule  1,  page  25,  line  28,  after “State” insert “or the Chancellor of the Duchy of

Lancaster”

Member’s explanatory statement

This amendment provides for the order making power in paragraph 12 of new Schedule 5B to the

Local Democracy, Economic Development and Construction Act 2009 to be exercised

concurrently with the Chancellor of the Duchy of Lancaster.

Secretary Greg Clark

20

Schedule  1,  page  26,  line  12,  after “State” insert “or the Chancellor of the Duchy of

Lancaster”

Member’s explanatory statement

This amendment provides that before making an order under paragraph of 12 of new Schedule 5B

to the Local Democracy, Economic Development and Construction Act 2009 the Chancellor of the

Duchy of Lancaster must consult the Electoral Commission.

Secretary Greg Clark

21

Schedule  1,  page  26,  line  13,  after “State” insert “or the Chancellor of the Duchy of

Lancaster”

Member’s explanatory statement

This amendment provides that the Chancellor of the Duchy of Lancaster can only make an order

limiting the expenses that can be incurred during an election for the return of a mayor, on the

recommendation of the Electoral Commission.

Secretary Greg Clark

22

Schedule  1,  page  26,  line  17,  after “State” insert “or the Chancellor of the Duchy of

Lancaster”

Member’s explanatory statement

This amendment is consequential on amendment 20.

Clause 5; Schedule 2; Clauses 6 to 8; Clauses 17 to 19; Clause 9; Schedule 3;

Clauses 10 to 16; new Clauses and New Schedules relating to the subject

matter of Clauses 5 to 19;

Secretary Greg Clark

5

Clause  5,  page  4,  line  26,  at end insert “, or

(c)    

so far as authorised by an order made by the Secretary of State—

Notices of Amendments: 15 October 2015                  

4

Cities and Local Government Devolution Bill-[ ], continued

(i)    

for a person appointed as the deputy PCC mayor by virtue of an

order under paragraph 3(1) of Schedule 2, or

(ii)    

for a committee of the combined authority, consisting of

members appointed by the mayor (whether or not members of

the authority),

to exercise any such function.

( )    

An order under subsection (3)(c)(ii) may include provision—

(a)    

about the membership of the committee;

(b)    

about the member of the committee who is to be its chair;

(c)    

about the appointment of members;

(d)    

about the voting powers of members (including provision for different

weight to be given to the vote of different descriptions of member);

(e)    

about information held by the combined authority that must, or must not,

be disclosed to the committee for purposes connected to the exercise of

the committee’s functions;

(f)    

applying (with or without modifications) sections 15 to 17 of, and

Schedule 1 to, the Local Government and Housing Act 1989 (political

balance on local authority committees etc).”

Member’s explanatory statement

This amendment makes provision for a mayor to arrange for the person appointed as the deputy

PCC mayor or a committee of the combined authority to exercise a general function which is

exercisable by the mayor, if authorised to do so by an order made by the Secretary of State.

Secretary Greg Clark

6

Clause  5,  page  4,  line  39,  leave out paragraph (b) and insert—

“(b)    

in accordance with arrangements made by virtue of this section or section

107DA.”

Member’s explanatory statement

This amendment provides for a general function exercisable by the mayor for the area of a

combined authority to be taken to be a function exercisable by a committee or by the deputy PCC

mayor, where arrangements have been made under provision inserted by amendment 5 or new

section 107DA, inserted by amendment 8.

Secretary Greg Clark

7

Clause  5,  page  5,  line  3,  at end insert—

“( )    

provide that functions that the mayoral combined authority discharges in

accordance with arrangements under section 101(1)(b) of the Local

Government Act 1972 (discharge of local authority functions by another

authority) are to be treated as general functions exercisable by the mayor

(so far as authorised by the arrangements).”

Member’s explanatory statement

This amendment enables the Secretary of State to provide by order that functions of a mayoral

combined authority discharged in accordance with arrangements under section 101(1)(b) of the

Local Government Act 1972 are to be treated as general functions exercisable by the mayor of the

authority.

Secretary Greg Clark

8

Clause  5,  page  5,  line  16,  at end insert—