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| given up to and including |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Amendments tabled since the last publication: 4-55, NC7 |
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| Cities and Local Government
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| Devolution Bill [Lords], As Amended
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| | This document includes all amendments tabled to date, and includes any |
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| | withdrawn amendments at the end. The amendments have been arranged in the |
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| | order in which they relate to the Bill. |
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| To move the following Clause— |
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| | | “English National Park authorities: general powers |
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| | After section 65 of the Environment Act 1995 insert— |
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| | “65A | English National Park authorities: general powers |
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| | (1) | An English National Park authority may do— |
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| | (a) | anything it considers appropriate for the purposes of the carrying |
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| | out of any of its functions (its “functional purposes”), |
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| | (b) | anything it considers appropriate for purposes incidental |
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| | (whether directly or indirectly) to its functional purposes, |
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| | (c) | anything it considers to be connected with— |
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| | (i) | any of its functions, or |
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| | (ii) | anything it may do under paragraph (a) or (b), and |
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| | (d) | for a commercial purpose, anything which it may do under any |
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| | of paragraphs (a) to (c) otherwise than for a commercial purpose. |
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| | (2) | Where subsection (1) confers power on an English National Park |
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| | authority to do something, it confers power (subject to section 65B) to do |
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| | it anywhere in the United Kingdom or elsewhere. |
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| | (3) | Power conferred on an English National Park authority by subsection (1) |
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| | is in addition to, and is not limited by, the other powers of the authority. |
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| | (4) | In this section, and in sections 65B and 65C, “English National Park |
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| | authority” means a National Park authority for a National Park in |
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| | 65B | Boundaries of powers under section 65A |
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| | (1) | Section 65A(1) does not enable an English National Park authority to do |
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| | anything which it is unable to do by virtue of a pre-commencement |
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| | |
| | (2) | Section 65A(1) does not enable an English National Park authority to do |
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| | anything which it is unable to do by virtue of a post-commencement |
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| | limitation which is expressed to apply— |
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| | (a) | to its power under section 65A(1), |
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| | (b) | to all of its powers, or |
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| | (c) | to all of its powers but with exceptions that do not include its |
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| | power under section 65A(1). |
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| | (3) | If exercise of a pre-commencement power of an English National Park |
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| | authority is subject to restrictions, those restrictions apply also to |
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| | exercise of the power conferred on it by section 65A(1) so far as that |
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| | power is overlapped by the pre-commencement power. |
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| | (4) | Section 65A(1) does not authorise an English National Park authority to |
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| | (5) | Section 65A(1)(a) to (c) do not authorise an English National Park |
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| | authority to charge a person for anything it does otherwise than for a |
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| | (6) | Section 65A(1)(d) does not authorise an English National Park authority |
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| | to do things for a commercial purpose in relation to a person if a statutory |
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| | provision requires the authority to do those things in relation to the |
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| | (7) | Where under section 65A(1)(d) an English National Park authority does |
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| | things for a commercial purpose, it must do them through— |
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| | (a) | a company within the meaning given by section 1(1) of the |
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| | (b) | a registered society within the meaning of the Co-operative and |
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| | Community Benefit Societies Act 2014. |
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| | “post-commencement limitation” means a prohibition, restriction or other |
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| | limitation imposed by a statutory provision that— |
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| | (a) | is contained in an Act passed after the end of the Session in |
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| | which the Cities and Local Government Devolution Act 2015 is |
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| | (b) | is contained in an instrument made under an Act and comes into |
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| | force on or after the commencement of section (English National |
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| | Park authorities: general powers) of that Act; |
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| | “pre-commencement limitation” means a prohibition, restriction or other |
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| | limitation imposed by a statutory provision that— |
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| | (a) | is contained in an Act passed no later than the end of the Session |
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| | in which the Cities and Local Government Devolution Act 2015 |
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| | (b) | is contained in an instrument made under an Act and comes into |
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| | force before the commencement of section (English National |
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| | Park authorities: general powers) of that Act; |
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| | “pre-commencement power” means power conferred by a statutory |
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| | (a) | is contained in an Act passed no later than the end of the Session |
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| | in which the Cities and Local Government Devolution Act 2015 |
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| | (b) | is contained in an instrument made under an Act and comes into |
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| | force before the commencement of section (English National |
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| | Park authorities: general powers) of that Act; |
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| | “statutory provision” means a provision of an Act or of an instrument made |
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| | 65C | Power to make provision supplemental to section 65A |
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| | (1) | The Secretary of State may by regulations make provision preventing an |
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| | English National Park authority from doing under section 65A(1) |
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| | anything which is specified, or is of a description specified, in the |
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| | (2) | The Secretary of State may by regulations provide for the exercise by |
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| | English National Park authorities of the power conferred by section |
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| | 65A(1) to be subject to conditions, whether generally or in relation to |
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| | doing anything specified, or of a description specified, in the regulations. |
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| | (3) | Before making regulations under subsection (1) or (2) the Secretary of |
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| | (a) | such representatives of English National Park authorities, and |
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| | (b) | such other persons (if any), |
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| | | as the Secretary of State considers appropriate. |
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| | (4) | Subsection (3) does not apply to regulations under subsection (1) or (2) |
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| | which are made only for the purpose of amending earlier such |
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| | (a) | so as to extend the earlier regulations, or any provision of the |
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| | earlier regulations, to English National Park authorities, or |
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| | (b) | so that the earlier regulations, or any provision of the earlier |
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| | regulations, cease to apply English National Park authorities. |
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| | 65D | Procedure etc. for regulations under section 65C |
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| | (1) | The power to make regulations under section 65C— |
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| | (a) | is exercisable by statutory instrument; |
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| | (b) | includes power to make different provision for different |
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| | (c) | includes power to make incidental, supplementary, |
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| | consequential, transitional, transitory or saving provision; |
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| | (d) | may, in particular, be exercised by amending, repealing, |
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| | revoking or otherwise modifying any provision made by or |
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| | under an Act passed before the Cities and Local Government |
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| | Devolution Act 2015 or in the same Session as that Act. |
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| | (2) | A statutory instrument containing regulations under section 65C may not |
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| | be made unless a draft of the instrument has been laid before, and |
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| | approved by a resolution of, each House of Parliament. |
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| | (3) | Subsection (2) does not apply to a statutory instrument that contains |
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| | regulations only of the following kind— |
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| | (a) | regulations under section 65C(1) that make provision for the |
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| | purpose mentioned in section 65C(4)(b); |
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| | (b) | regulations under section 65C(2) that make provision for that |
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| | purpose or for imposing conditions on the doing of things for a |
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| | (c) | regulations made by virtue of subsection (1)(c) that do not |
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| | contain provision amending or repealing a provision of an Act. |
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| | (4) | A statutory instrument to which subsection (2) does not apply is subject |
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| | to annulment by resolution of either House of Parliament. |
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| | (5) | If a draft of regulations under section 65C would, apart from this |
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| | subsection, be treated for the purposes of the standing orders of either |
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| | House of Parliament as a hybrid instrument, it is to proceed in that House |
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| | as if it were not a hybrid instrument.”” |
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| | Member’s explanatory statement
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| | This New Clause confers new general powers on National Park authorities for National Parks in |
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| | England, along similar lines to those conferred on other authorities by Chapter 1 of Part 1 of the |
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| | To move the following Clause— |
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| | | “Local Government Constitutional Convention |
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| | (1) | A convention is to be held to consider and make recommendations on the |
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| | constitution of local government in the United Kingdom. |
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| | (2) | The Secretary of State must make regulations to— |
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| | (a) | appoint a day on which the convention must commence its operations; |
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| | (b) | make fair and transparent rules about how the convention is to operate |
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| | and how evidence is to be adduced; |
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| | (c) | make further provision about the terms of reference prescribed under |
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| | section (Local Government Constitutional Convention: terms of |
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| | (d) | specify how those who are to be part of the convention are to be chosen |
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| | in accordance with section (Local Government Constitutional |
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| | Convention: composition). |
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| | (3) | The date appointed under subsection (2)(a) must not be later than 31 December |
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| | Member’s explanatory statement
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| | This new clause creates the means by which every UK citizen can engage in a national public |
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| | discussion of devolution local government, governance and electoral systems and make |
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| | recommendations and receive a response from government and parliament to that national debate. |
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| | To move the following Clause— |
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| | | “Local Government Constitutional Convention: terms of reference |
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| | The convention must consider the following terms of reference— |
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| | (a) | the devolution of legislative and fiscal competence to local authorities |
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| | within the United Kingdom; |
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| | (b) | the reform of the electoral system for local government; |
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| | (c) | constitutional matters relating to local government to be considered in |
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| | (d) | procedures to govern the consideration and implementation of any future |
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| | constitutional reforms in relation to local government.” |
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| | Member’s explanatory statement
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| | This new clause creates the means by which every UK citizen can engage in a national public |
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| | discussion of devolution local government, governance and electoral systems and make |
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| | recommendations and receive a response from government and parliament to that national debate. |
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| | To move the following Clause— |
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| | | “Local Government Constitutional Convention: recommendations |
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| | (1) | The Local Government Constitutional Convention must publish |
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| | recommendations within the period of one year beginning with the day appointed |
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| | under section (Local Government Constitutional Convention). |
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| | (2) | The Secretary of State must lay responses to each of the recommendations before |
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| | each House of Parliament within six months beginning with the day on which the |
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| | recommendations are published.” |
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| | Member’s explanatory statement
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| | This new clause creates the means by which every UK citizen can engage in a national public |
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| | discussion of devolution local government, governance and electoral systems and make |
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| | recommendations and receive a response from government and parliament to that national debate. |
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| | To move the following Clause— |
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| | | “Local Government Constitutional Convention: composition |
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| | (1) | The Local Government Constitutional Convention must be composed of |
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| | representatives of the following— |
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| | (a) | registered political parties within the United Kingdom, |
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| | (b) | local authorities, and |
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| | (c) | the nations and regions of the United Kingdom. |
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| | (2) | At least 50% of the members of the convention must not be employed in a role |
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| | which can reasonably be considered to be political.” |
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| | Member’s explanatory statement
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| | This new clause creates the means by which every UK citizen can engage in a national public |
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| | discussion of devolution local government, governance and electoral systems and make |
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| | recommendations and receive a response from government and parliament to that national debate. |
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| | To move the following Clause— |
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| | | “Commission on devolution of fiscal powers and taxation |
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| | (1) | The Secretary of State shall appoint a commission on devolution of fiscal powers |
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| | and taxation to local authorities. |
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| | (2) | The Commission shall consider the following issues— |
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| | (a) | the desirability, impact and process necessary to implement an Income |
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| | Tax rate of 10p in the pound on English tax payers; |
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| | (b) | the desirability, impact and process necessary to give English Councils |
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| | the same fiscal and taxation powers as those devolved to the Scottish |
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| | Parliament in the 2012 Scotland Act, and |
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| | (c) | any other issues that the Commission considers relevant. |
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| | (3) | The Commission shall produce a report covering the issues listed in subsection |
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| | (2) no later than 31 December 2017, and shall make such recommendations to the |
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| | Secretary of State as it deems necessary.” |
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| | Member’s explanatory statement
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| | This new Clause would establish a Commission to consider the possibility of England local |
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| | authorities being granted the same fiscal and taxation powers already devolved to Scotland in the |
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| | To move the following Clause— |
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| | | “Constitutional Convention |
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| | A convention is to be held to consider and make recommendations on the |
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| | constitution of the United Kingdom, commencing its operation no later than 31 |
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| | Member’s explanatory statement
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| | This new clause would establish a national public discussion on the renewal of the UK democracy. |
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| Clause 1, page 1, line 10, at end insert— |
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| | “(ba) | functions exercisable by a Minister of the Crown that have been devolved |
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| | as a result of agreements so as to become exercisable by a mayor for the |
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| | area of a combined authority (including information as to any such |
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| | functions that remain exercisable by a Minister of the Crown as a result |
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| | of an agreement providing for functions to be exercisable jointly or |
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| | Member’s explanatory statement
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| | This amendment requires the Secretary of State to provide information on whether a Minister of |
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| | the Crown has retained the ability to exercise a function of a Minister of the Crown which has been |
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| | conferred on a mayoral combined authority which is exercisable by a mayor for the area of the |
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| Clause 1, page 1, line 11, after “functions” insert “(so far as not falling within |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 4 and removes any overlap between the |
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| | requirements imposed by new subsection (2)(ba) and subsection (2)(c). |
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| Clause 1, page 2, line 2, at end insert— |
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| | “combined authority” means a combined authority established under |
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| | section 103 of the Local Democracy, Economic Development and |
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| | “Minister of the Crown” has the same meaning as in the Ministers of the |
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| | Member’s explanatory statement
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| | This amendment defines the phrases “combined authority” and “Minister of the Crown” in clause |
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