1

House of Commons

Notices of Amendments

given up to and including

Wednesday 21 October 2015

New Amendments handed in are marked thus

Amendments 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This document includes all remaining amendments and includes any withdrawn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;

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: 21 October 2015                  

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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: 21 October 2015                  

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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: 21 October 2015                  

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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: 21 October 2015                  

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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.

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—

Notices of Amendments: 21 October 2015                  

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Cities and Local Government Devolution Bill-[ ], continued

(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.

Scope of Local Government

4    (1)  

The powers and responsibilities of local authorities will continue to be

prescribed by statute.

      (2)  

Local authorities shall have power to exercise their initiative with regard to any

matter which is not statutorily excluded from their competence or assigned to

another body.

      (3)  

Central government may not propose actions which are intended to, or may

reasonably be regarded as being likely to, infringe the independence of local

government, as defined in this Code, or affect local government generally or

any local authority, unless local government generally, or the local authority

concerned, consents.

Inter-Governmental Activities

5          

Central government and local authorities shall establish joint inspection

regimes to set and monitor the standards of services supplied or secured by

them.

Territorial Autonomy

6          

The geographical boundary of a local authority can be altered only by a

proposal from the local authority itself or from its electorate. Local authorities

must make arrangements for their electorates to put forward such proposals for

consideration. Any such locally-inspired proposal for boundary changes,

whether initiated directly by the authority or by the electorate of the authority,

must be developed with the involvement of the Local Government Boundary

Commission for England and shall be subject to approval of the electorate of

the area concerned, under arrangements made by the local authority concerned

and approved by the Electoral Commission.

Council Governmental Systems

7    (1)  

The electorate of each local authority, through methods agreed by the local

authority  concerned, shall have the power to choose that authority‘s internal

political decision-making systems. The systems concerned shall include a

Notices of Amendments: 21 October 2015                  

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Cities and Local Government Devolution Bill-[ ], continued

directly elected mayor and cabinet, a cabinet and leader, a committee system,

or any other political decision-making arrangement which the electorate may

decide is appropriate.

      (2)  

The electorate of each local authority, through methods agreed by their local

authorities, may, after a process of consultation carried out by the local

authority concerned, agree to and adopt any electoral system for use in

elections to that authority.

Local Government Financial Integrity

8    (1)  

Local authorities shall be financially independent of central government, save

as otherwise provided for in this Code.

      (2)  

Central government may not place any restriction on decisions by local

authorities about the exercise of their financial powers.

      (3)  

The distribution of central government funds between local authorities shall

continue on the basis of existing equalisation arrangements. Distribution will

continue to be based on the principle of ensuring fairness and balance between

local authorities. The basis on which this distribution is carried out must

continue to be made public.

      (4)  

Each local authority shall receive from central government a guaranteed share

of the annual yield of income tax, as follows. Central government must in each

financial year assign to the Secretary of State responsible for the distribution

of central government funds between local authorities an amount of money

equivalent to the yield from ten pence in the pound of income tax. The

Secretary of State must make arrangements to inform each taxpayer in England

of the amount of their income tax which makes up the central government

funding distributed to English local authorities as a whole.

      (5)  

The amount of the income tax yield referred to in paragraph 8(4) shall be re-

negotiated between central and local government whenever service provision

responsibilities are transferred between central government and local

authorities.

      (6)  

Local authorities may raise additional sources of income in their areas in any

way they wish, and with the consent of their electorates as expressed through

arrangements to be determined and put in place by the local authority

concerned.

      (7)  

Local authorities shall be able to raise any loans, bonds or other financial

instruments which their credit rating allows and as independent entities will be

exclusively responsible for their repayment. All local authorities shall operate

“a balanced budget” so that in any one financial year all outgoings, including

interest repayments on borrowings, shall not exceed income.

      (8)  

Central government may not cap, or in any other way limit, local authorities’

taxation powers.

      (9)  

The financial transparency standards that apply to central government shall

apply to local authorities.

    (10)  

Central government and local authorities may contract with each other in order

to pursue their own policy objectives.

Local Authorities’ right to co-operate and associate

9    (1)  

Local authorities are entitled, in pursuit of any undertaking, to co-operate in

any way with any other persons, including local authorities, public and private

bodies, voluntary, charity or third-sector organisations, and financial,

commercial or private enterprises.