1

House of Commons

Notices of Amendments

given up to and including

Monday 30 November 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: 4-55, NC7

Consideration of Bill (Report Stage)

Cities and Local Government

Devolution Bill [Lords], As Amended

Note

This document includes all amendments tabled to date, and includes any

withdrawn amendments at the end. The amendments have been arranged in the

order in which they relate to the Bill.

new clauses

Secretary Greg Clark

NC7

To move the following Clause—

“English National Park authorities: general powers

After section 65 of the Environment Act 1995 insert—

“65A  

English National Park authorities: general powers

(1)    

An English National Park authority may do—

(a)    

anything it considers appropriate for the purposes of the carrying

out of any of its functions (its “functional purposes”),

(b)    

anything it considers appropriate for purposes incidental

(whether directly or indirectly) to its functional purposes,

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Cities and Local Government-[ [], continued

(c)    

anything it considers to be connected with—

(i)    

any of its functions, or

(ii)    

anything it may do under paragraph (a) or (b), and

(d)    

for a commercial purpose, anything which it may do under any

of paragraphs (a) to (c) otherwise than for a commercial purpose.

(2)    

Where subsection (1) confers power on an English National Park

authority to do something, it confers power (subject to section 65B) to do

it anywhere in the United Kingdom or elsewhere.

(3)    

Power conferred on an English National Park authority by subsection (1)

is in addition to, and is not limited by, the other powers of the authority.

(4)    

In this section, and in sections 65B and 65C, “English National Park

authority” means a National Park authority for a National Park in

England.

65B    

Boundaries of powers under section 65A

(1)    

Section 65A(1) does not enable an English National Park authority to do

anything which it is unable to do by virtue of a pre-commencement

limitation.

(2)    

Section 65A(1) does not enable an English National Park authority to do

anything which it is unable to do by virtue of a post-commencement

limitation which is expressed to apply—

(a)    

to its power under section 65A(1),

(b)    

to all of its powers, or

(c)    

to all of its powers but with exceptions that do not include its

power under section 65A(1).

(3)    

If exercise of a pre-commencement power of an English National Park

authority is subject to restrictions, those restrictions apply also to

exercise of the power conferred on it by section 65A(1) so far as that

power is overlapped by the pre-commencement power.

(4)    

Section 65A(1) does not authorise an English National Park authority to

borrow money.

(5)    

Section 65A(1)(a) to (c) do not authorise an English National Park

authority to charge a person for anything it does otherwise than for a

commercial purpose.

(6)    

Section 65A(1)(d) does not authorise an English National Park authority

to do things for a commercial purpose in relation to a person if a statutory

provision requires the authority to do those things in relation to the

person.

(7)    

Where under section 65A(1)(d) an English National Park authority does

things for a commercial purpose, it must do them through—

(a)    

a company within the meaning given by section 1(1) of the

Companies Act 2006, or

(b)    

a registered society within the meaning of the Co-operative and

Community Benefit Societies Act 2014.

(8)    

In this section—

“post-commencement limitation” means a prohibition, restriction or other

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

which the Cities and Local Government Devolution Act 2015 is

passed, or

(b)    

is contained in an instrument made under an Act and comes into

force on or after the commencement of section (English National

Park authorities: general powers) of that Act;

“pre-commencement limitation” means a prohibition, restriction or other

limitation imposed by a statutory provision that—

(a)    

is contained in an Act passed no later than the end of the Session

in which the Cities and Local Government Devolution Act 2015

is passed, or

(b)    

is contained in an instrument made under an Act and comes into

force before the commencement of section (English National

Park authorities: general powers) of that Act;

“pre-commencement power” means power conferred by a statutory

provision that—

(a)    

is contained in an Act passed no later than the end of the Session

in which the Cities and Local Government Devolution Act 2015

is passed, or

(b)    

is contained in an instrument made under an Act and comes into

force before the commencement of section (English National

Park authorities: general powers) of that Act;

“statutory provision” means a provision of an Act or of an instrument made

under an Act.

65C    

Power to make provision supplemental to section 65A

(1)    

The Secretary of State may by regulations make provision preventing an

English National Park authority from doing under section 65A(1)

anything which is specified, or is of a description specified, in the

regulations.

(2)    

The Secretary of State may by regulations provide for the exercise by

English National Park authorities of the power conferred by section

65A(1) to be subject to conditions, whether generally or in relation to

doing anything specified, or of a description specified, in the regulations.

(3)    

Before making regulations under subsection (1) or (2) the Secretary of

State must consult—

(a)    

such representatives of English National Park authorities, and

(b)    

such other persons (if any),

as the Secretary of State considers appropriate.

(4)    

Subsection (3) does not apply to regulations under subsection (1) or (2)

which are made only for the purpose of amending earlier such

regulations—

(a)    

so as to extend the earlier regulations, or any provision of the

earlier regulations, to English National Park authorities, or

(b)    

so that the earlier regulations, or any provision of the earlier

regulations, cease to apply English National Park authorities.

65D    

Procedure etc. for regulations under section 65C

(1)    

The power to make regulations under section 65C—

(a)    

is exercisable by statutory instrument;

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(b)    

includes power to make different provision for different

purposes;

(c)    

includes power to make incidental, supplementary,

consequential, transitional, transitory or saving provision;

(d)    

may, in particular, be exercised by amending, repealing,

revoking or otherwise modifying any provision made by or

under an Act passed before the Cities and Local Government

Devolution Act 2015 or in the same Session as that Act.

(2)    

A statutory instrument containing regulations under section 65C may not

be made unless a draft of the instrument has been laid before, and

approved by a resolution of, each House of Parliament.

(3)    

Subsection (2) does not apply to a statutory instrument that contains

regulations only of the following kind—

(a)    

regulations under section 65C(1) that make provision for the

purpose mentioned in section 65C(4)(b);

(b)    

regulations under section 65C(2) that make provision for that

purpose or for imposing conditions on the doing of things for a

commercial purpose;

(c)    

regulations made by virtue of subsection (1)(c) that do not

contain provision amending or repealing a provision of an Act.

(4)    

A statutory instrument to which subsection (2) does not apply is subject

to annulment by resolution of either House of Parliament.

(5)    

If a draft of regulations under section 65C would, apart from this

subsection, be treated for the purposes of the standing orders of either

House of Parliament as a hybrid instrument, it is to proceed in that House

as if it were not a hybrid instrument.””

Member’s explanatory statement

This New Clause confers new general powers on National Park authorities for National Parks in

England, along similar lines to those conferred on other authorities by Chapter 1 of Part 1 of the

Localism Act 2011.

Mr Graham Allen

NC1

To move the following Clause—

“Local Government Constitutional Convention

(1)    

A convention is to be held to consider and make recommendations on the

constitution of local government in the United Kingdom.

(2)    

The Secretary of State must make regulations to—

(a)    

appoint a day on which the convention must commence its operations;

(b)    

make fair and transparent rules about how the convention is to operate

and how evidence is to be adduced;

(c)    

make further provision about the terms of reference prescribed under

section (Local Government Constitutional Convention: terms of

reference); and

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(d)    

specify how those who are to be part of the convention are to be chosen

in accordance with section (Local Government Constitutional

Convention: composition).

(3)    

The date appointed under subsection (2)(a) must not be later than 31 December

2016.”

Member’s explanatory statement

This new clause creates the means by which every UK citizen can engage in a national public

discussion of devolution local government, governance and electoral systems and make

recommendations and receive a response from government and parliament to that national debate.

Mr Graham Allen

NC2

To move the following Clause—

“Local Government Constitutional Convention: terms of reference

The convention must consider the following terms of reference—

(a)    

the devolution of legislative and fiscal competence to local authorities

within the United Kingdom;

(b)    

the reform of the electoral system for local government;

(c)    

constitutional matters relating to local government to be considered in

further conventions; and

(d)    

procedures to govern the consideration and implementation of any future

constitutional reforms in relation to local government.”

Member’s explanatory statement

This new clause creates the means by which every UK citizen can engage in a national public

discussion of devolution local government, governance and electoral systems and make

recommendations and receive a response from government and parliament to that national debate.

Mr Graham Allen

NC3

To move the following Clause—

“Local Government Constitutional Convention: recommendations

(1)    

The Local Government Constitutional Convention must publish

recommendations within the period of one year beginning with the day appointed

under section (Local Government Constitutional Convention).

(2)    

The Secretary of State must lay responses to each of the recommendations before

each House of Parliament within six months beginning with the day on which the

recommendations are published.”

Member’s explanatory statement

This new clause creates the means by which every UK citizen can engage in a national public

Notices of Amendments: 30 November 2015                  

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Cities and Local Government-[ [], continued

discussion of devolution local government, governance and electoral systems and make

recommendations and receive a response from government and parliament to that national debate.

Mr Graham Allen

NC4

To move the following Clause—

“Local Government Constitutional Convention: composition

(1)    

The Local Government Constitutional Convention must be composed of

representatives of the following—

(a)    

registered political parties within the United Kingdom,

(b)    

local authorities, and

(c)    

the nations and regions of the United Kingdom.

(2)    

At least 50% of the members of the convention must not be employed in a role

which can reasonably be considered to be political.”

Member’s explanatory statement

This new clause creates the means by which every UK citizen can engage in a national public

discussion of devolution local government, governance and electoral systems and make

recommendations and receive a response from government and parliament to that national debate.

Mr Graham Allen

NC5

To move the following Clause—

“Commission on devolution of fiscal powers and taxation

(1)    

The Secretary of State shall appoint a commission on devolution of fiscal powers

and taxation to local authorities.

(2)    

The Commission shall consider the following issues—

(a)    

the desirability, impact and process necessary to implement an Income

Tax rate of 10p in the pound on English tax payers;

(b)    

the desirability, impact and process necessary to give English Councils

the same fiscal and taxation powers as those devolved to the Scottish

Parliament in the 2012 Scotland Act, and

(c)    

any other issues that the Commission considers relevant.

(3)    

The Commission shall produce a report covering the issues listed in subsection

(2) no later than 31 December 2017, and shall make such recommendations to the

Secretary of State as it deems necessary.”

Member’s explanatory statement

This new Clause would establish a Commission to consider the possibility of England local

authorities being granted the same fiscal and taxation powers already devolved to Scotland in the

Scotland Act 2012.

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Mr Graham Allen

NC6

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.

Secretary Greg Clark

4

Clause  1,  page  1,  line  10,  at end insert—

“(ba)    

functions exercisable by a Minister of the Crown that have been devolved

as a result of agreements so as to become exercisable by a mayor for the

area of a combined authority (including information as to any such

functions that remain exercisable by a Minister of the Crown as a result

of an agreement providing for functions to be exercisable jointly or

concurrently);”

Member’s explanatory statement

This amendment requires the Secretary of State to provide information on whether a Minister of

the Crown has retained the ability to exercise a function of a Minister of the Crown which has been

conferred on a mayoral combined authority which is exercisable by a mayor for the area of the

authority.

Secretary Greg Clark

5

Clause  1,  page  1,  line  11,  after “functions” insert “(so far as not falling within

paragraph (ba))”

Member’s explanatory statement

This amendment is consequential on amendment 4 and removes any overlap between the

requirements imposed by new subsection (2)(ba) and subsection (2)(c).

Secretary Greg Clark

6

Clause  1,  page  2,  line  2,  at end insert—

“( )    

In this section—

“combined authority” means a combined authority established under

section 103 of the Local Democracy, Economic Development and

Construction Act 2009;

“Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975.”

Member’s explanatory statement

This amendment defines the phrases “combined authority” and “Minister of the Crown” in clause

1.