Session 2015-16
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 1 December 2015

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 56 and 57, NC8 and NC9

 

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withdrawn amendments at the end.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

 

Parliamentary Star - white    

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,


 
 

Notices of Amendments: 1 December 2015                  

2

 

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—


 
 

Notices of Amendments: 1 December 2015                  

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Cities and Local Government-[ [], continued

 
 

(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;


 
 

Notices of Amendments: 1 December 2015                  

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Cities and Local Government-[ [], continued

 
 

(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


 
 

Notices of Amendments: 1 December 2015                  

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Cities and Local Government-[ [], continued

 
 

(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: 1 December 2015                  

6

 

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.

 



 
 

Notices of Amendments: 1 December 2015                  

7

 

Cities and Local Government-[ [], continued

 
 

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.

 


 

Mr Graham Brady

 

Mr David Nuttall

 

William Wragg

 

NC8

 

Parliamentary Star    

To move the following Clause—

 

         

“Combined authority functions: cool off period

 

“(1)    

The Secretary of State shall amend any order made under a provision of this Act

 

which transfers a power to exercise of a function from a constituent part of a

 

combined authority to a combined authority, to devolve responsibility for that

 

function back to a constituent part of that authority, if the following conditions

 

are met—

 

(a)    

A constituent part of a combined authority requests that the Secretary of

 

State amend an order to return responsibility for the exercise of a function

 

to the constituent part of the combined authority from the combined

 

authority, and

 

(b)    

Such a request is made with one year of the first local government

 

election held in the constituent part of the combined authority since the

 

original order was made.”

 

Member’s explanatory statement

 

The intention of this amendment is to create a cooling off period for the transfer of any power to

 

the level of a combined authority. If a constituent part of a combined authority requests that a

 

power is returned to it within one year of next elections held in the constituent part, then the

 

Secretary of State must amend the relevant order to return power to the constituent part.

 



 
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