1

House of Commons

Notices of Amendments

given up to and including

Friday 16 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: 39-59, NCs 9-26

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This document includes all remaining amendments and includes any withdrawn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: 16 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.

New Clauses

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.”

Mr Graham Allen

NC13

To move the following Clause—

“Double Devolution statements

(1)    

A Minister of the Crown who has introduced a Bill in either House of Parliament

having the effect of devolving functions or powers of the United Kingdom

Parliament or the Secretary of State to a combined authority must, before the

second reading of the Bill, make a double devolution statement on the

arrangements for further devolving those functions or powers to the most

Notices of Amendments: 16 October 2015                  

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Cities and Local Government Devolution Bill-[ ], continued

appropriate local level except where those powers can more effectively be

exercised by central government or by a combined authority.

(2)    

The statement must be in writing and be published in such a manner as the

Minister making it considers appropriate.”

Member’s explanatory statement

The intention of this new Clause is to make clear what double devolution to smaller councils and

neighbourhoods will occur in the wake of big city deals being agreed by combined authorities

when giving powers to cities and/or combined authorities.

Mr Graham Allen

NC18

To move the following Clause—

“‘Independent Review, Support and Governance

(1)    

It shall be the duty of the Secretary of State to lay before each House of

Parliament each year a report about devolution within England and Wales

pursuant to the provisions of this Act (an “annual report”).

(2)    

An annual report shall be laid before each House of Parliament as soon as

practicable after 31 March each year.

(3)    

The Secretary of State may by order make provision for an Independent

Commission or Advisory Board to undertake a review, challenge and advisory

role in relation to:’

(a)    

reviewing orders and procedure arising from the Secretary of State’s

decisions; and

(b)    

requests for orders received from combined or single local authorities.”

Jon Trickett

Liz McInnes

Mr Steve Reed

Paula Sherriff

Grahame Morris

Kate Green

NC22

To move the following Clause—

“Devolution in London

(1)    

Within six months of the passing of this Act, the Secretary of State must publish

a report on a greater devolution of powers in London, including on whether to

make provision for the Secretary of State to—

(a)    

transfer a public authority function to a joint committee of London

councils, and

(b)    

establish a joint board between London boroughs and the Mayor of

London to support further devolution in London, and

Notices of Amendments: 16 October 2015                  

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Cities and Local Government Devolution Bill-[ ], continued

(c)    

devolve responsibility on fiscal powers, including but not limited to,

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

Member’s explanatory statement

This new Clause makes it a requirement for the Secretary of State to report on further devolution

options for London, including fiscal devolution (e.g. council tax revaluation, etc) which has been

called for by the Greater London Assembly and the Mayor of London.

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.

William Wragg

Philip Davies

51

Clause  3,  page  2,  line  19,  at end insert—

“(2A)    

An order under subsection (1) may not be made unless the proposition that the

combined authority have a mayor is approved by a referendum of the electorate

in that combined authority.”

Member’s explanatory statement

The intention of this amendment is that elected mayors will be introduced only if that proposal has

been endorsed, in a referendum, by 50% of the population.

Mr Graham Brady

William Wragg

Mr David Nuttall

43

Clause  3,  page  2,  line  31,  leave out subsection (8) and insert—

“(8)    

An order under this section providing for there to be a mayor for the area of a

combined authority may be revoked or amended by making a further order under

this section; this does not prevent the making of an order under section 107

abolishing the authority (together with the office of mayor) or providing for a

constituent part of the combined authority to leave the combined authority and to

resume its existence as a separate local authority.

(8A)    

An order under this section providing for a constituent part of the combined

authority to leave the combined authority and to resume its existence as a separate

local authority must make fair provision for a reasonable and proportionate

division of resources between the former combined authority and the seceding

local authority.”

Member’s explanatory statement

The intention of this amendment is that a constituent part of a combined authority can leave a

combined authority without the combined authority being dissolved, with provision for “fair

terms” for the leaving part (i.e. their resource is calculated on a per capita basis, or similar.)

Mr Jacob Rees-Mogg

46

Clause  3,  page  2,  line  38,  at end insert—

Notices of Amendments: 16 October 2015                  

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Cities and Local Government Devolution Bill-[ ], continued

“(10)    

This section does not apply to the County of Somerset, as defined by the

Lieutenancies Act 1997.”

Nigel Mills

39

Clause  3,  page  3,  line  2,  at end insert—

“(1A)    

For an area of a Combined Authority where for any part of that area there exists

both a County Council and District Council, no order may be made under section

107A unless either the Secretary of State or the existing combined authority has

carried out a consultation with local government electors on replacing the existing

County Council and District Councils with one or more unitary authorities.”

Mr Graham Brady

William Wragg

Mr David Nuttall

44

Clause  3,  page  3,  line  14,  at end insert—

“(4)    

A constituent council may withdraw consent after the creation of a combined

authority and a mayor for that authority.

(4B)    

Where one or more constituent councils have withdrawn their consent under

subsection (4A), the Secretary of State must make an order either:

(a)    

abolishing the combined authority and the office of mayor, or

(b)    

reconstituting the combined authority without the non-consenting

council or councils concerned”.

Member’s explanatory statement

The intention of this amendment is that a constituent council may withdraw its consent to the

creation of a combined authority, in which case the Secretary of State must either abolish the

authority and mayor or re-constitute the authority without any non-consenting council.

Mr Graham Allen

53

Clause  3,  page  3,  line  27,  at end insert—

“(2A)    

The Secretary of State may make an order under section 107A in relation to a

combined authority‘s area if a proposal for other appropriate governance and

accountability structures for the authority’s area has been made to the Secretary

of State by the constituent authorities.

(2B)    

The Secretary of State may set out accountability and governance tests in respect

of other appropriate governance structures.

(2C)    

Orders may allow for a Mayor or other appropriate governance structure to enter

into collaborative working arrangements with more than one Combined

Authority, or local partnership board covering for example rural areas.”

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.

Notices of Amendments: 16 October 2015                  

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Cities and Local Government Devolution Bill-[ ], continued

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.

Jon Trickett

Liz McInnes

Mr Steve Reed

Paula Sherriff

Grahame Morris

Kate Green

57

Clause  4,  page  3,  line  33,  at end insert—

“(1A)    

Where the mayor for the area of a combined authority appoints a deputy, regard

to gender balance must be given”

Member’s explanatory statement

This amendment is intended to make sure that gender balance is taken into account in mayor/

deputy teams

Notices of Amendments: 16 October 2015                  

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Cities and Local Government Devolution Bill-[ ], continued

Jon Trickett

Liz McInnes

Mr Steve Reed

Paula Sherriff

Grahame Morris

Kate Green

NC21

To move the following Clause—

“Consultation with local community

The Secretary of State must make an order to determine the consultation

processes which will be used with the local community.”

Member’s explanatory statement

This amendment is intended to ensure that mayors are provided only where the local resident

population has been properly consulted.

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;

Mr Graham Brady

William Wragg

Mr David Nuttall

45

Clause  5,  page  4,  line  18,  at end add “provided that in each exercise of that function

the mayor has the consent of each constituent part of a combined authority.”

Member’s explanatory statement

The intention of this amendment is that any constituent part of a combined authority may veto any

decision made by a major of a combined authority.

Mr Graham Brady

William Wragg

Mr David Nuttall

40

Clause  5,  page  4,  line  18,  at end insert—

“(1A)    

An order under subsection (1) may only be made with the consent of the relevant

combined authority; and that consent must be obtained prior to the creation of the

office of mayor in the combined authority concerned”.

Member’s explanatory statement

The intention of this amendment is that a function of a mayoral authority may only be transferred

to the mayor with the consent of the relevant combined authority, which must be obtained prior to

the creation of the relevant office of mayor.

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—

(i)    

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

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