Localism Bill

SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 14th June 2011, as;follows—

Schedule 2
Clause 12
Schedule 3
Clauses 13 to 15
Schedule 4
Clauses 16 to 59
Schedules 5 and 6
Clauses 60 to 66
Schedule 7
Clauses 67 to 94
Schedule 8
Clauses 95 to 101
Schedules 9 to 11
Clauses 102 to 106
Schedule 12
Clauses 107 to 112
Schedule 13
Clauses 113 to 138
Schedule 14
Clauses 139 to 145
Schedule 15
Clauses 146 to 156
Schedule 16
Clause 157
Schedule 17
Clauses 158 to 161
Schedule 18
Clauses 162 to 171
Schedules 19 and 20
Clauses 172 to 174
Schedule 21
Clauses 175 to 198
Schedule 22
Clauses 199 to 201
Schedule 23
Clauses 202 to 207
Schedule 24
Clauses 208 to 211
Schedule 25
Clauses 212 to 215

[Amendments marked * are new or have been altered]

Schedule 2

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

34

Page 189, line 27, at beginning insert “Subject to receiving a proposal under sub-paragraph (5),”

35

Page 189, line 47, leave out from “be” to end of line 10 on page 190 and insert “likely to ensure that the decisions of the authority are taken in an efficient, transparent and accountable way,

(b) that the arrangements, if prescribed under this section, would be appropriate for all local authorities, or for any particular description of local authority, to consider, and

(c) that the arrangements are consistent with the principles of localism and representative local democracy.”

LORD TOPE

LORD GREAVES

36

Page 190, leave out lines 4 to 7

LORD TRUE

37

Page 190, line 10, at end insert—

“(6A) A lower tier authority may propose to the Secretary of State that the Secretary of State make regulations prescribing arrangements specified in the proposal if the authority considers that, in addition to the conditions in subsection (5), the arrangements would lead to the increased local accountability of the higher tier authority to residents of the lower tier authority’s area and improve the ability of local residents to influence or participate in decisions affecting their locality.

(6B) No proposal under subsection (6A) may involve the duplication or repeating of meetings, but may propose that the higher tier authority, or a body established by that authority, or its responsible officers should meet or publish details of its meetings relating to matters specifically affecting people within the lower authority’s area within the lower tier authority’s area.”

LORD GREAVES

LORD TOPE

37A*

Page 190, line 38, at end insert—

“( ) An authority may resolve to appoint the members of the executive by resolution of the authority instead of by appointment by the executive leader.”

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

38

Page 190, line 40, leave out “other” and insert “greater”

LORD GREAVES

LORD TOPE

39

Page 194, leave out lines 10 to 19 and insert—

“(1) A local authority that is operating executive arrangements, an executive of such an authority or a committee or specified member of such an executive may arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive by an area committee of that authority.

(2) Arrangements for the discharge of executive functions to an area committee made under this section are without prejudice to any other allocation of functions to such an area committee that the local authority may make.”

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

40

Page 194, leave out lines 16 to 19

LORD GREAVES

LORD TOPE

41

Page 194, leave out line 24

42

Page 194, line 29, leave out from beginning to “electoral” in line 30 and insert—

“(b) the membership of the committee or sub-committee consists of the councillors elected for the”

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

43

Page 194, line 35, leave out “two-fifths” and insert “one-fifth”

LORD TOPE

LORD GREAVES

44

Page 195, line 13, leave out “, in particular,”

LORD SHIPLEY

45

Page 198, line 6, at end insert “and shall be chaired by a member of the largest opposition group on the authority”

LORD TOPE

BARONESS HAMWEE

45A*

Page 199, leave out lines 1 to 7

LORD TOPE

LORD GREAVES

46

Page 199, line 10, after “discharge” insert “or to lead officers in the discharge of”

LORD TOPE

LORD GREAVES

LORD BEECHAM

LORD MCKENZIE OF LUTON

47

Page 199, leave out lines 33 and 34

LORD TOPE

BARONESS HAMWEE

47A*

Page 200, line 3, leave out “local government”

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

48

Page 200, leave out lines 9 to 12

LORD TOPE

BARONESS HAMWEE

48A*

Page 200, leave out lines 13 and 14

48B*

Page 200, leave out line 20

48C*

Page 200, leave out lines 21 to 26

LORD TOPE

LORD GREAVES

49

Page 200, leave out lines 25 and 26

LORD TOPE

BARONESS HAMWEE

49A*

Page 200, leave out lines 32 to 41

49B*

Page 201, line 12, leave out from “executive” to end of line 16

LORD GREAVES

LORD TOPE

49C*

Page 202, leave out lines 12 to 15

LORD TOPE

BARONESS HAMWEE

49D*

Page 202, line 12, leave out from “a” to end of line 15 and insert “matter which relates to a relevant partner”

49E*

Page 202, line 17, leave out first “authority”

49F*

Page 202, line 17, leave out second “authority”

49G*

Page 202, line 22, leave out “authority”

49H*

Page 202, line 26, leave out “authority”

49J*

Page 203, leave out lines 1 to 4

49K*

Page 203, line 8, leave out “other than” and insert “including”

49L*

Page 203, line 13, at end insert—

““relevant partner” means a person or organisation operating in the authority’s area,”

49M*

Page 203, leave out lines 14 to 18

49N*

Page 204, line 43, leave out “authority””

49P*

Page 205, leave out lines 1 to 31

49Q*

Page 205, line 32, leave out from beginning to end of line 17 on page 206

49R*

Page 206, line 22, leave out “partner authorities” and insert “partners”

49S*

Page 206, line 25, leave out “authority”

49T*

Page 206, line 35, leave out “authority”

49U*

Page 206, line 36, leave out from beginning to end of line 17 on page 207

49V*

Page 207, leave out lines 18 to 20

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

50

Page 207, leave out lines 25 and 26

51

Page 207, line 26, after “or” insert “, subject to subsection (1A), may be”

52

Page 207, line 26, at end insert—

“(1A) There is a presumption that such meetings are to be held in public unless there is a good reason to convene all or part of a meeting in private.”

LORD WILLS

52A*

Page 207, leave out lines 27 to 30 and insert—

“(2) Except to the extent that regulations under section 9GA(4) prescribe otherwise, meetings of a local authority executive or of a committee of the executive are to be open to the public.”

LORD SHIPLEY

53

Page 207, line 30, after “are” insert “necessarily”

54

Page 207, line 33, after “are” insert “necessarily”

55

Page 207, line 34, after “written” insert “public”

LORD TOPE

LORD GREAVES

56

Page 210, leave out lines 8 to 18

BARONESS SCOTT OF NEEDHAM MARKET

LORD TOPE

LORD JENKIN OF RODING

LORD BEECHAM

BARONESS HANHAM

57

Page 210, line 27, leave out from beginning to end of line 39 on page 212

LORD TOPE

LORD GREAVES

58

Page 210, line 27, leave out from beginning to end of line 25 on page 215

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

59

Page 212, line 44, after “executive” insert “or leader and executive”

60

Page 212, line 45, at end insert “or leader or executive”

61

Page 213, leave out lines 9 to 15

62

Page 214, line 2, at end insert—

“( ) Before making an order under this section, the Secretary of State must—

(a) consult such persons likely to be affected by such conferment and transfer of local service functions; and

(b) set out the reasons why—

(i) such an order would result in an improvement to the existing arrangements; and

(ii) what measures will be taken to ensure that the transferred functions will be carried out in an efficient, transparent and accountable way.”

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

62A

Page 215, leave out lines 4 to 45

LORD TOPE

LORD GREAVES

LORD BEECHAM

LORD MCKENZIE OF LUTON

63

Page 215, leave out lines 26 to 45

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

64

Page 216, leave out line 27

65

Page 217, line 24, at beginning insert “so far as may be necessary in consequence of any provision made by or under this Part or any regulations under this section,”

66

Page 217, line 44, leave out from “Commission” to end of line 46

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

66A

Page 218, leave out lines 3 to 20

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

67

Page 219, line 16, at end insert—

“( ) Regulations made under this section are subject to the approval by resolutions of both Houses of Parliament.”

LORD GREAVES

LORD TOPE

68

Page 220, leave out lines 16 to 30

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

69

Page 220, line 17, leave out “may” and insert “must”

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

69A

Page 221, line 20, at end insert “, and giving effect to, referendum on”

69B

Page 221, line 28, at end insert “, and giving effect to, referendum on”

69C

Page 222, line 30, leave out “implement” and insert “require, and give effect to, referendum on”

LORD TOPE

LORD PALMER OF CHILDS HILL

70

Page 222, line 40, leave out “third day after the relevant elections” and insert “relevant day”

71

Page 223, line 1, leave out “elections” and insert “day”

72

Page 223, line 4, leave out from beginning to end of line 20 and insert—

“(a) a leader and cabinet executive (England): the date of the next annual meeting of the local authority or such other later date as the local authority determines in the resolution to change governance arrangements;

(b) a mayor and cabinet executive: the third day after the election of the mayor;

(c) a committee system: the date of the next annual meeting of the local authority or such other later date as the local authority determines in the resolution to change governance arrangements;

(d) prescribed arrangements: the date of the next annual meeting of the local authority or such other later date as the local authority determines in the resolution to change governance arrangements”

LORD SHIPLEY

LORD TOPE

73

Page 225, line 48, leave out “5” and insert “10”

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

73A

Page 226, line 1, at end insert “, and giving effect to, referendum on”

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

74

Page 226, leave out lines 3 to 25

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

74A

Page 226, line 24, at end insert “, and giving effect to, referendum on”

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

75

Page 226, leave out lines 26 to 47

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

75A

Page 226, line 46, at end insert “, and giving effect to, referendum on”

LORD JENKIN OF RODING

BARONESS SCOTT OF NEEDHAM MARKET

LORD BEST

LORD HUNT OF KINGS HEATH

76

Page 227, line 5, leave out “, unless subsection (2) or (3) applies”

77

Page 227, leave out lines 7 to 14

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

77A

Page 227, line 9, leave out “implement” and insert “require, and give effect to, referendum on”

77B

Page 227, line 11, leave out “to continue”

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

78

Page 227, line 23, leave out from “proposals” to end of line 25

LORD JENKIN OF RODING

BARONESS SCOTT OF NEEDHAM MARKET

LORD BEST

LORD HUNT OF KINGS HEATH

79

Page 227, leave out lines 26 and 27

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

79A

Page 227, line 27, leave out “9NB(2)(c))” and insert “9N(2)(c))”

LORD TOPE

LORD GREAVES

LORD SHIPLEY

BARONESS HAMWEE

80

Page 228, line 18, leave out from beginning to end of line 31 on page 230

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

81

Page 228, line 19, leave out from beginning to end of line 4 on page 229

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

81A

Page 228, line 19, leave out from beginning to end of line 38 on page 229 and insert—

“9N Referendum on change to mayor and cabinet executive

The Secretary of State may by order require a specified local authority to hold a referendum on whether the authority should operate a mayor and cabinet executive.”

LORD JENKIN OF RODING

BARONESS SCOTT OF NEEDHAM MARKET

LORD BEST

LORD HUNT OF KINGS HEATH

82

Page 228, line 19, leave out from beginning to end of line 31 on page 230

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

83

Page 229, leave out lines 5 to 33

84

Page 229, line 34, leave out from beginning to end of line 9 on page 230

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

84A

Page 229, line 39, leave out “that” and insert “this”

84B

Page 230, line 9, leave out “section 9N” and insert “this section”

84C

Page 230, line 10, leave out “change” and insert “order”

84D

Page 230, line 14, leave out “to continue”

LORD TOPE

BARONESS HAMWEE

84DA*

Page 231, leave out lines 35 to 40

LORD TRUE

LORD HOWARD OF RISING

84E

Page 232, leave out lines 18 and 19

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

85

Page 233, line 29, at end insert—

“Part 1B New governance arrangements: effect on integrated transport authorities

9S Effect of orders under section 9HF on functions of integrated transport authorities

(1) The Secretary of State may make an order under section 9HF that transfers a local public service function from an ITA only if, after undertaking the consultation in subsection (2), the Secretary of State considers that to do so is likely to improve—

(a) the exercise of statutory functions relating to transport in the area, and

(b) the effectiveness and efficiency of transport in the area.

(2) Before making the order, the Secretary of State must consult—

(a) each appropriate authority, and

(b) such other persons (if any) as the Secretary of State considers appropriate.

(3) For the purposes of subsection (2), “appropriate authority” means—

(a) each district council for an area comprised in the integrated transport area to which the order relates; and

(b) the ITA for the integrated transport area.

(4) For the purposes of this section—

(a) “ITA” means an Integrated Transport Authority established under section 28(1) of the Local Government Act 1985 or section 78(1) of the Local Transport Act 2008; and

(b) “integrated transport area” means an area established under section 9(1)(a)(i) of the Transport Act 1968 or 78(1) of the Local Transport Act 2008.”.”

LORD SHIPLEY

LORD TOPE

86

Page 234, line 4, at end insert “, subject to confirmation by a majority decision of a meeting of the executive”

LORD SHIPLEY

87

Page 234, line 12, at end insert “subject to confirmation by a majority decision of a meeting of the executive”

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

87ZA*

Page 235, leave out lines 23 to 29

LORD TOPE

BARONESS HAMWEE

87ZB*

Page 236, line 1, leave out “must” and insert “may”

87ZC*

Page 236, line 10, leave out “must” and insert “may”

87ZD*

Page 236, leave out lines 22 to 32

87ZE*

Page 236, line 33, leave out “require” and insert “make provision for”

87ZF*

Page 237, line 9, leave out “Secretary of State” and insert “relevant authority”

87ZG*

Page 237, line 10, leave out “Secretary of State” and insert “relevant authority”

87ZH*

Page 237, line 18, leave out “Secretary of State” and insert “relevant authority”

Schedule 3

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

87A

Page 240, leave out lines 9 to 41

87B

Page 248, line 20, leave out “9HH,”

87C

Page 249, line 20, leave out from beginning to end of line 6 on page 250

87D

Page 253, leave out lines 19 to 30

Clause 14

LORD GREAVES

LORD TOPE

88

Page 20, line 30, leave out “(to any extent)”

89

Page 20, line 32, leave out “, or to have appeared to have had,”

90

Page 20, line 33, leave out “just”

91

Page 20, line 34, after “done” insert “or said”

92

Page 20, line 38, leave out subsection (3)

93

Page 20, line 41, at end insert—

“( ) This section does not apply to decisions made under a local authority’s licensing functions which relate to—

(a) the suitability of an individual to hold a personal licence, or

(b) the personal and private circumstances of any individual.”

94

Page 21, line 2, leave out from “authority,” to end of line 4

95

Page 21, line 9, after “executive” insert “or”

96

Page 21, line 9, leave out from “authority” to end of line 12

Schedule 4

LORD BEECHAM

LORD FILKIN

96A*

Page 256, line 11, leave out paragraphs 11 to 14

Clause 16

BARONESS DOOCEY

LORD TOPE

96B*

Page 22, line 44, leave out “London Assembly acting on behalf of the Authority” and insert “Mayor of London and London Assembly acting jointly and (subject to section 17(7)(b)—

(a) the Mayor’s joint exercise of those functions may be delegated under section 38 of the Greater London Authority Act 1999; and

(b) the Assembly’s joint exercise of those functions may be delegated under section 54 of that Act.”

Clause 17

BARONESS SCOTT OF NEEDHAM MARKET

LORD TOPE

LORD SHIPLEY

LORD BEECHAM

97

Page 23, line 2, leave out “may” and insert “must”

LORD GREAVES

LORD TOPE

97A*

Page 23, line 5, leave out subsection (2) and insert—

“(2) The code referred to in subsection (1) is the code of conduct specified in section (local government code of conduct).”

LORD SHIPLEY

LORD TOPE

98

Page 23, line 8, leave out paragraph (c)

BARONESS DOOCEY

LORD TOPE

98A*

Page 23, line 11, leave out from “conduct” to end of line 14 and insert “the authority or its monitoring officer must—

(a) consider whether it is appropriate to investigate the allegation; and

(b) if the authority or monitoring officer (as the case may be) decides that an investigation is appropriate, investigate the allegation in such manner as the authority or monitoring officer (as the case may be) thinks fit.”

98B*

Page 23, line 15, after first “authority” insert “or its monitoring officer”

98C*

Page 23, line 17, leave out “it” and insert “the authority or monitoring officer (as the case may be)”

98D*

Page 23, line 21, at end insert—

“( ) A relevant authority’s monitoring officer may only exercise the functions conferred by subsections (3) and (4) if authorised to do so by the authority.”

LORD GREAVES

LORD TOPE

98E*

Page 23, line 22, leave out “its adoption, revision or withdrawal of a” and insert “the”

98F*

Page 23, line 26, leave out subsection (6)

BARONESS DOOCEY

LORD TOPE

98G*

Page 23, line 33, after “which” insert “section 38 (delegation of functions by the Mayor) or”

After Clause 17

LORD GREAVES

LORD TOPE

98H*

Insert the following new Clause—

“Local government code of conduct

(1) The Secretary of State must publish a standard local government code of conduct for England.

(2) The code referred to in subsection (1) shall be approved and submitted to the Secretary of State for publication by representatives of local government in England.

(3) Before approving the code of conduct, the representatives of local government must consult all the local authorities to which it will apply.”

Clause 18

LORD TOPE

BARONESS HAMWEE

98J*

Page 23, line 42, leave out “and other”

After Clause 18

LORD GREAVES

LORD TOPE

98K*

Insert the following new Clause—

“Appeals

(1) A person who is subject to a sanction under section 18(2)(e) may appeal against that sanction to an appeals committee.

(2) The appeals committee referred to in subsection (1) shall be formed from time to time by representatives of local government in England.

(3) The appeals committee may where appropriate include regional appeals committees which may deal with appeals in the relevant regions.

(4) An appeals committee may confirm, reduce or remove the sanction.”

Clause 19

LORD TOPE

BARONESS HAMWEE

98L*

Page 24, line 25, leave out “or other”

LORD GREAVES

LORD TOPE

BARONESS HAMWEE

 

The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill.

After Clause 19

LORD GREAVES

LORD TOPE

98M*

Insert the following new Clause—

“Parish councils

(1) A parish council standards committee in each area shall be responsible for carrying out the provisions of this Part that relate to complaints against members, breaches of regulations and sanctions as they apply to parish councils.

(2) The Secretary of State shall by regulations make provision for the setting up and operation of parish council standards committees.

(3) “Area” in this section means an area containing two or more parish councils, the boundaries of which have been agreed by representatives of parish councils.

(4) Before making regulations under this section, the Secretary of State shall consult—

(a) such representatives of parish councils as the Secretary of State consider appropriate, and

(b) all parish councils.”

Clause 22

BARONESS HANHAM

99

Page 25, line 32, leave out “senior”

100

Page 25, line 34, leave out “senior”

101

Page 25, line 35, at end insert “,

(b) the remuneration of its lowest-paid employees, and

(c) the relationship between—

(i) the remuneration of its chief officers, and

(ii) the remuneration of its employees who are not chief officers.

(2A) The statement must state—

(a) the definition of “lowest-paid employees” adopted by the authority for the purposes of the statement, and

(b) the authority’s reasons for adopting that definition.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

[As an amendment to Amendment 101]

101A*

Leave out lines 2 to 5 and insert—

“(b) the total remuneration and numbers of its lowest-paid employees, and

(c) the relationship between—

(i) the remuneration of its chief officers,

(ii) the remuneration of its lowest paid employees, and

(iii) the remuneration of the remuneration of its other employees, who do not fall within paragraph (i) or (ii).”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

101B*

Page 26, line 4, at end insert—

“( ) the approach to the engagement, either directly or indirectly, of former chief officers as consultants or otherwise,”

BARONESS HANHAM

102

Page 26, line 5, leave out “senior”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

102A*

Page 26, line 7, at end insert—

“( ) The statement may include the approach that the relevant authority has adopted for selecting information on pay policy from a provider, including any potential provider, of goods and services.”

Clause 23

BARONESS HANHAM

103

Page 26, line 9, leave out “senior”

104

Page 26, line 15, leave out “senior”

LORD TRUE

105

Page 26, line 16, at end insert—

“( ) No resolution may be put to an authority to amend the pay policy statement in respect of any employee, or class of employees, that, if adopted, could reasonably be considered potentially contrary to employment law.”

BARONESS HANHAM

106

Page 26, line 17, leave out “senior”

107

Page 26, line 34, leave out “senior”

108

Page 27, line 2, leave out “senior”

Clause 27

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

108A

Page 27, line 28, leave out from “following” to end of line 32

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

108B*

Page 27, line 38, at end insert—

“( ) In this Chapter “employees” include staff, whether directly or indirectly employed by a relevant authority, who are not chief officers.

( ) In this Chapter, “indirectly employed” shall be interpreted in accordance with guidance to be developed and issued by the Secretary of State after consultation with—

(a) representatives; and

(b) representatives of employees,

of the relevant authorities.”

BARONESS HANHAM

109

Page 28, line 20, at end insert—

“(5A) In this Chapter “remuneration”, in relation to a relevant authority and an employee of its who is not a chief officer, means—

(a) the employee’s salary,

(b) any bonuses payable by the authority to the employee,

(c) any allowances payable by the authority to the employee,

(d) any benefits in kind to which the employee is entitled as a result of the employee’s employment,

(e) any increase in or enhancement of the employee’s pension entitlement where the increase or enhancement is as a result of a resolution of the authority, and

(f) any amounts payable by the authority to the employee on the employee ceasing to be employed by the authority, other than any amounts that may be payable by virtue of any enactment.

(5B) References in this Chapter to the remuneration of an employee who is not a chief officer include—

(a) the remuneration that may be provided to that employee in the future, and

(b) the remuneration that is to be provided to employees of the same kind that the authority may employ in the future.”

Clause 28

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

LORD SHIPLEY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 28 stand part of the Bill.

Clause 29

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

LORD SHIPLEY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 29 stand part of the Bill.

Clause 30

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

 

The above-named Lords give notice of their intention to oppose the Question that Clause 30 stand part of the Bill.

Clause 31

LORD WIGLEY

110

Page 29, line 11, at end insert—

“( ) Only a Welsh Minister may require a local or public authority located in Wales to make a payment of an amount determined by the Welsh Minister in respect of any EU financial sanction imposed on the United Kingdom.”

LORD TOPE

LORD SHIPLEY

110A*

Page 29, line 19, at end insert—

“(3A) This Part only applies to EU financial sanctions imposed for a failure to fulfil an obligation under the Treaties (as referred to in Article 260(2) of the Treaty on the Functioning of the European Union) which involves breach of a regulation, directive, decision or other EU legislative act which has been designated in an order made by the Secretary of State.”

BARONESS GARDNER OF PARKES

111

Page 29, line 23, at end insert “and arrangements for the appointment, constitution and operation of the independent review panel to be established for the purposes of section (Referral by a local or public authority to an independent review panel)”

112

Page 29, line 27, at end insert “and any relevant determination issued in writing by an independent review panel”

113

Page 29, line 27, at end insert—

“( ) An EU financial sanction notice is subject to section (Referral by a local or public authority to an independent review panel).”

114

Page 29, line 32, at end insert—

“( ) For the purposes of subsection (5), a determination issued in writing by an independent review panel is “relevant” if it relates to—

(a) the EU financial sanction in respect of which the Minister is exercising functions under this Part, or

(b) any other EU financial sanction imposed because of an infraction of the same EU law as the EU financial sanction referred to in paragraph (a), or an infraction of another EU law relating to the same subject.”

LORD TOPE

LORD SHIPLEY

BARONESS KRAMER

LORD MCKENZIE OF LUTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill.

Clause 32

LORD TOPE

LORD SHIPLEY

BARONESS KRAMER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 32 stand part of the Bill.

After Clause 32

BARONESS EATON

LORD BEECHAM

LORD TOPE

114A*

Insert the following new Clause—

“Proposed EU financial sanction notices: arbitration

(1) After the matters mentioned in section 32(3)(b) have been determined, if a Minister of the Crown proposes to give an EU financial sanction notice under section 33, the Minister must give a written notification of the proposal to the local or public authority in question together with a draft of the proposed notice.

(2) A draft notice given under subsection (1) must fulfill all the requirements of section 33(2).

(3) If a local or public authority disputes the whole or part of a draft notice given to it under subsection (1) it may give a written notice to a Minister of the Crown—

(a) stating that there is a dispute (stating which part of the draft is disputed, if only part is disputed); and

(b) setting out the reasons for the dispute.

(4) Any written notice under subsection (3) must be given within the period of 28 days beginning with the date on which the draft notice was given to the authority under subsection (1).

(5) If a notice is given under subsection (3) within the time limit referred to in subsection (4), the Minister must give a written response to the authority stating that—

(a) no EU financial sanction notice will be given under section 33; or

(b) the Minister proposes to make a EU financial sanction notice under section 33 in the form of the draft; or

(c) the Minister proposes to make a EU financial sanction notice under section 33 in a different form from the draft (setting out the amendments proposed).

(6) The response must be given within the period of 28 days beginning with the date on which the notice was given to the Minister under subsection (3).

(7) If the response states that no EU financial sanction notice will be given, a Minister may not give such a notice under section 33.

(8) If no response is served under subsection (5) within the time limit mentioned in subsection (6) or a written response is served within that time limit stating that the Minister proposes to make a EU financial sanction notice and, in either case, the authority continues to dispute the whole or part of the proposal in question, the authority may refer the matter to arbitration.

(9) Any reference to arbitration under subsection (8) must be made within the period of 42 days beginning with the date on which the written response was served or was required to be served, whichever is the earlier.

(10) A dispute that is referred to arbitration under subsection (8) shall be referred to and settled by a sole arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Chartered Institute of Arbitrators.

(11) An arbitrator to whom a dispute is referred under section (8) may order—

(a) that no EU financial sanction notice may be given under section 33; or

(b) that a EU financial sanction notice may be given under subsection 33 in the form of the draft given with the notice under subsection (1) or with amendment.

(12) No EU financial sanction notice may be given under section 33(1) unless—

(a) the period mentioned in subsection (4) has expired without the authority having given notice under subsection (3) (in which case it must be given in the form of the draft given with the notice under subsection (1)); or

(b) the authority has withdrawn a notice given under subsection (3); or

(c) the period mentioned in subsection (9) has expired without the authority having made a reference to arbitration under subsection (8), in which case it must be given in the form of the draft (in a case falling within subsection (5)(b)) or with the amendments proposed (in a case falling within subsection (5)(c)); or

(d) any arbitration proceedings commenced under this section have been disposed of.”

Clause 33

BARONESS GREENGROSS

LORD JENKIN OF RODING

115

Page 31, line 6, leave out from “satisfied” to end of line 8 and insert “and can prove beyond reasonable doubt that the infraction of EU law has arisen, wholly or in part, as a direct result of the actions of the local or public authority and that the authority should be responsible to that extent”

LORD TOPE

LORD SHIPLEY

BARONESS KRAMER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 33 stand part of the Bill.

Clause 34

LORD TOPE

LORD SHIPLEY

BARONESS KRAMER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 34 stand part of the Bill.

After Clause 34

BARONESS EATON

LORD BEECHAM

LORD TOPE

115A*

Insert the following new Clause—

“Proposed EU financial sanction notices: arbitration (No. 2)

(1) After the matters mentioned in section 34(6)(c)(i) and (ii) have been determined, if a Minister of the Crown proposes to give a further EU financial sanction notice under section 35, the Minister must give a written notification of the proposal to the local or public authority in question together with a draft of the proposed notice.

(2) A draft notice given under subsection (1) must fulfil all the requirements of section 33(2) as applied by section 35(3).

(3) If a local or public authority disputes the whole or part of a draft notice given to it under subsection (1) it may give a written notice to a Minister of the Crown—

(a) stating that there is a dispute (stating which part of the draft is disputed, if only part is disputed); and

(b) setting out the reasons for the dispute.

(4) Any written notice under subsection (3) must be given within the period of 28 days beginning with the date on which the draft notice was given to the authority under subsection (1).

(5) If a notice is given under subsection (3) within the time limit referred to in subsection (4), the Minister must give a written response to the authority stating that—

(a) no further EU financial sanction notice will be given under section 35; or

(b) the Minister proposes to make a further EU financial sanction notice under section 35 in the form of the draft; or

(c) the Minister proposes to make a further EU financial sanction notice under section 35 in a different form from the draft (setting out the amendments proposed).

(6) The response must be given within the period of 28 days beginning with the date on which the notice was given to the Minister under subsection (3).

(7) If the response states that no EU financial sanction notice will be given, a Minister may not give such a notice under section 35.

(8) If no response is served under subsection (5) within the time limit mentioned in subsection (6) or a written response is served within that time limit stating that the Minister proposes to make a further EU financial sanction notice and, in either case, the authority continues to dispute the whole or part of the proposal in question, the authority may refer the matter to arbitration.

(9) Any reference to arbitration under subsection (8) must be made within the period of 42 days beginning with the date on which the written response was served or was required to be served, whichever is the earlier.

(10) A dispute that is referred to arbitration under subsection (8) shall be referred to and settled by a sole arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Chartered Institute of Arbitrators.

(11) An arbitrator to whom a dispute is referred under subsection (8) may order—

(a) that no further EU financial sanction notice may be given under section 35; or

(b) that a further EU financial sanction notice may be given under section 35 in the form of the draft given with the notice under subsection (1) or with amendment.

(12) No further EU financial sanction notice may be given under section 35 unless—

(a) the period mentioned in subsection (4) has expired without the authority having given notice under subsection (3) (in which case it must be given in the form of the draft given with the notice under subsection (1)); or

(b) the authority has withdrawn a notice given under subsection (3); or

(c) the period mentioned in subsection (9) has expired without the authority having made a reference to arbitration under subsection (8), in which case it must be given in the form of the draft (in a case falling within subsection (5)(b)) or with the amendments proposed (in a case falling within subsection (5)(c)); or

(d) any arbitration proceedings commenced under this section have been disposed of.”

Clause 35

BARONESS GREENGROSS

LORD JENKIN OF RODING

116

Page 33, line 6, leave out from “satisfied” to end of line 8 and insert “and can prove beyond reasonable doubt that the continuing infraction of EU law has arisen, wholly or in part, as a direct result of the actions of the local or public authority and that the authority should be responsible to that extent”

LORD TOPE

LORD SHIPLEY

BARONESS KRAMER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 35 stand part of the Bill.

After Clause 35

BARONESS GARDNER OF PARKES

LORD JENKIN OF RODING

117

Insert the following new Clause—

“Referral by a local or public authority to an independent review panel

(1) A local or public authority who receives an EU financial sanction notice from a Minister of the Crown may refer the notice to an independent review panel.

(2) A reference may be made on any of the following grounds—

(a) that a Minister failed to exercise a power conferred by an enactment, and that failure contributed to the infraction of EU law (whether directly or indirectly or by impeding any local or public authority in its attempts to comply with EU law);

(b) that the Minister did not follow the procedures set out in this Part or in the warning notice before giving the financial sanction notice; or

(c) that the Minister ought to have exercised any discretion under this Part or the warning notice differently.

(3) In considering any reference made to it under this section, the independent review panel may review any finding of fact on which the EU financial sanction notice was based.

(4) Following its consideration of any reference made to it under this section, the independent review panel must—

(a) determine the validity of the grounds upon which the reference was made, and

(b) provide a copy of its determination in writing, including the reasons for it, to the Minister of the Crown who issued the EU financial sanction notice and the local or public authority who received it.

(5) In this section, “independent review panel” means a panel to be appointed by the Secretary of Sate for the purposes of this section, in accordance with the policy published by the Secretary of State under section 31(4).”

Clause 36

LORD JENKIN OF RODING

117A

Page 33, line 34, at end insert—

“(c) any private commercial undertaking”

LORD TOPE

LORD SHIPLEY

BARONESS KRAMER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill.

Clause 37

LORD TOPE

LORD SHIPLEY

BARONESS KRAMER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 37 stand part of the Bill.

Before Clause 38

BARONESS KRAMER

LORD TOPE

118

Insert the following new Clause—

“Tax increment financing

(1) The Business Rate Supplement Act 2009 is amended as follows.

(2) After section 1 (power to impose a BRS) insert—

“(1A) A BRS may be in the form of tax increment financing.”

(3) In section 14 (chargeable amount: supplementary) in subsection (2) after ““A” is” insert “for any form of BRS other than tax increment financing”.

(4) In section 14, after subsection (2) insert—

“(2A) For tax increment financing “A” is—

(a) the increase in the rateable value on the chargeable day attributable to the project to which the tax increment financing relates, or

(b) if section 12(2) applies, the rateable value of the occupied part of the hereditament on that day.”.”

Clause 39

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

118A*

Page 35, line 35, after “tax” insert “or non-domestic rates”

118B*

Page 35, line 42, leave out “fine”

118C*

Page 36, leave out lines 5 to 7

THE LORD BISHOP OF EXETER

 

The Lord Bishop of Exeter gives notice of his intention to oppose the Question that Clause 39 stand part of the Bill.

Clause 42

LORD TRUE

EARL CATHCART

119

Page 37, line 20, leave out “must” and insert “may”

120

Page 37, line 21, at end insert “but that authority must hold a referendum if one-fifth of the electors in the area have requested it”

BARONESS HANHAM

120A*

Page 37, line 25, at end insert “, and

(c) if the petition is a special-case petition (see section (Petitions: special cases in which holding of referendum is discretionary)), the authority resolves in accordance with section 48 that the referendum should be held.”

LORD GREAVES

LORD RENNARD

120B

Page 37, line 26, leave out subsection (3)

120C

Page 37, line 33, leave out subsection (4)

Clause 43

BARONESS HANHAM

120D*

Page 38, line 8, after “44),” insert—

“(ba) where the principal local authority is the Greater London Authority, it is duly signed—

(i) by the required percentage of local government electors in each London borough, and

(ii) by the required percentage of local government electors in the area of the Common Council of the City of London,”

LORD GREAVES

LORD RENNARD

120E

Page 38, line 11, leave out subsection (2)

BARONESS HANHAM

120F*

Page 38, line 12, leave out from “though” to end of line 14 and insert “—

(a) where the principal local authority is not the Greater London Authority, the petition does not comply with subsection (1)(b), or

(b) where the principal local authority is the Greater London Authority, the petition complies with neither or only one of paragraphs (b) and (ba) of subsection (1).”

LORD GREAVES

LORD RENNARD

120G

Page 38, line 20, at end insert—

“( ) In order to comply with this section a petition must be validated by the Electoral Registration Officer or Officers for the relevant area as follows—

(a) that the name of each person on the petition is that of a local government elector who is registered at the address stated on the petition, and

(b) that the signature of each person on the petition corresponds to that on the electoral registration form signed by that person.”

120H

Page 38, line 39, at end insert “or

(iii) a parish.”

LORD TRUE

EARL CATHCART

121

Page 38, line 40, leave out subsection (8)

Clause 44

BARONESS HANHAM

121A*

Page 39, line 2, leave out “as follows” and insert “to subsection (2),”

LORD SHIPLEY

LORD TOPE

122

Page 39, line 2, leave out “5%” and insert “10%”

EARL CATHCART

LORD TRUE

123

Page 39, line 2, leave out “5%” and insert “20%”

124

Page 39, line 2, leave out “5%” and insert “20%, or 15% when the electors in that area are more than 10,000”

LORD GREAVES

LORD RENNARD

124A

Page 39, line 2, leave out “5%” and insert “25%”

BARONESS HANHAM

124B*

Page 39, line 2, at end insert—

“(1A) Subject to subsection (2), “the required percentage” in section 43(1)(ba) means 1%.”

LORD GREAVES

LORD RENNARD

124C

Page 39, line 3, leave out subsection (2)

BARONESS HANHAM

124D*

Page 39, line 3, after “(1)” insert “or (1A)”

After Clause 44

LORD GREAVES

LORD RENNARD

124E

Insert the following new Clause—

“Offence of paying for signatures

(1) A person commits an offence if the person makes a payment—

(a) to any person to carry out the collection of signatures on a petition under this section, or

(b) to any person to organise any other persons to carry out the collection of signatures on a petition under this section.

(2) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

Clause 45

EARL CATHCART

LORD TRUE

125

Page 39, line 11, at end insert “and is supported by a petition representing at least 5% of the electors in that area”

126

Page 39, line 13, at end insert “and is supported by a petition representing at least 5% of the electors in that area”

Clause 47

LORD GREAVES

LORD RENNARD

126A

Page 40, line 8, leave out subsection (2)

126B

Page 40, line 13, leave out “an influence” and insert “power”

126C

Page 40, line 15, leave out “an influence” and insert “power”

126D

Page 40, line 22, leave out paragraph (b)

126E

Page 40, line 24, at end insert—

“( ) The third ground is that the action requested by the question is unlawful or discriminatory, or would contravene the authority’s codes relating to equality of treatment or its financial regulations.”

126F

Page 40, line 25, leave out subsection (5)

BARONESS HANHAM

126G*

Page 40, line 25, leave out from “ground” to “is” in line 27

LORD GREAVES

LORD RENNARD

126H

Page 40, line 28, after “is” insert “trivial, unnecessary, repetitive, disproportionate,”

LORD LUCAS

LORD JENKIN OF RODING

LORD BERKELEY

127

Page 40, line 28, at end insert—

“( ) The fifth ground is that the referendum question includes or relates to planning matters.”

THE EARL OF LYTTON

128

Page 40, line 28, at end insert—

“( ) The fifth ground is that the referendum question relates to a planning application being considered by the local authority.”

LORD GREAVES

LORD RENNARD

128A

Page 40, line 28, at end insert—

“( ) The fifth ground is that the referendum question is calling for the deployment of extra resources in the part of the authority’s area in which it would be held to an extent which would be unachievable or unreasonable, taking into account the resources available to the authority as a whole throughout its area.”

LORD BEST

LORD GREAVES

128B

Page 40, line 28, at end insert—

“( ) The fifth ground is that the referendum question relates to matters relevant to the preparation of a local development plan or the determination of a planning application.”

LORD BERKELEY

128C*

Page 40, line 28, at end insert—

“( ) The sixth ground is that the referendum question relates to transport fares set by that authority.”

LORD GREAVES

LORD RENNARD

128D

Page 40, line 33, at end insert—

““repetitive” means that an identical or similar question was the subject of a referendum in the same part of the authority within the previous ten years;

“disproportionate” means that the cost of holding the referendum is excessive bearing in mind the cost of carrying out the proposal in the question;

“unnecessary” means that the authority has decided to take action that is identical or similar to the proposal in the question, has considered such action and rejected it within the previous two years, or is currently considering the question.”

After Clause 47

BARONESS HANHAM

128E*

Insert the following new Clause—

“Petitions: special cases in which holding of referendum is discretionary

(1) Where a principal local authority has under section 46 made a determination that it is appropriate to hold a local referendum in response to a petition, the authority (if it has not already done so) must cause the petition to be—

(a) considered for the purposes of subsection (2) by its chief finance officer, and

(b) considered for the purposes of subsections (3) and (4) by the proper officer.

(2) The petition is a special-case petition if the authority’s chief finance officer estimates that the cost of holding a local referendum in response to the petition would be more than 5% of the amount last calculated by the authority before it received the petition as its council tax requirement for the financial year in which the petition was received by it.

(3) The petition is a special-case petition if the proper officer of the authority is of the opinion that the matter to which the referendum question relates has been, or has substantially been, the subject of at least one local or other referendum held—

(a) in the four years ending with the date on which the petition was received by the authority, and

(b) in the area to which the petition relates (whether or not in that area alone).

(4) The petition is a special-case petition if the proper officer of the authority is of the opinion that—

(a) there is a statutory process and it is the case, or is substantially the case, that the process involves giving—

(i) members of the public, or

(ii) members of a section of the public,

an opportunity to make representations in relation to the matter, and

(b) it is the case, or is substantially the case, that persons adversely affected by the matter or a decision made in relation to it have—

(i) a statutory right of appeal in respect of the substance of the matter or decision, or

(ii) a statutory right to instigate a review of the substance of the matter or decision.

(5) A person is not to be taken as having a right within subsection (4)(b)(i) or (ii) as a result of being able to—

(a) make an application for judicial review,

(b) make a complaint under Part 3 of the Local Government Act 1974 to a Local Commissioner, or

(c) make a complaint to a housing ombudsman under a scheme approved for the purposes of Schedule 2 to the Housing Act 1996.

(6) In this section—

“council tax requirement”, in relation to the Greater London Authority and a year, means the aggregate of—

(a) the component council tax requirement for the year for the London Assembly, and

(b) the component council tax requirement for the year for the Mayor of London;

“chief finance officer”, in relation to a principal local authority, means the officer having responsibility, for the purposes of—

(a) section 151 of the Local Government Act 1972,

(b) section 6 of the Local Government and Housing Act 1989, or

(c) section 127(2) of the Greater London Authority Act 1999,

for the administration of the authority’s financial affairs;

“the referendum question” has the meaning given by section 47(7);

“statutory” means provided for by an Act or an instrument made under an Act.”

Clause 48

BARONESS HANHAM

128F*

Page 41, line 1, after “referendum,” insert “and

(b) the petition is not a special-case petition,”

128G*

Page 41, line 3, at end insert—

“(3A) Subsection (3B) applies if—

(a) the determination is that it is appropriate to hold the referendum, and

(b) the petition is a special-case petition.

(3B) The proper officer of the authority must—

(a) if the authority is not the Greater London Authority, arrange for a meeting of the authority to decide on a resolution that the referendum should be held, or

(b) if the authority is the Greater London Authority, arrange for the authority to decide on a resolution that the referendum should be held.

(3C) The arrangements under subsection (3B)(a) or (b) must be such as to enable the decision concerned to be made as soon as is reasonably practicable after—

(a) the determination is made, or

(b) if later, the officer concerned came to be of the opinion as a result of which the petition is a special-case petition.

(3D) If the authority—

(a) is not the Greater London Authority and resolves at the meeting mentioned in subsection (3B)(a) that the referendum should be held, or

(b) is the Greater London Authority and resolves that the referendum should be held,

it must make arrangements for the referendum to take place in accordance with sections 51 to 54.”

LORD GREAVES

LORD RENNARD

128H

Page 41, line 8, leave out subsection (5)

128J

Page 41, line 11, leave out “designated in the petition” and insert “notified when the petition is delivered to the authority”

Clause 49

BARONESS HANHAM

128K*

Page 41, line 20, leave out “arrange for a meeting” and insert “—

(a) if the authority is not the Greater London Authority, arrange for a meeting of the authority to decide on a resolution that the referendum should be held, or

(b) if the authority is the Greater London Authority, arrange for the authority”

LORD GREAVES

LORD RENNARD

128L

Page 41, line 20, leave out “a meeting” and insert “the next ordinary meeting of the authority to include an agenda item”

128M

Page 41, line 22, leave out subsection (3)

BARONESS HANHAM

128N*

Page 41, line 22, leave out “meeting must be held” and insert “arrangements under subsection (2)(a) or (b) must be such as to enable the decision concerned to be made”

128P*

Page 41, line 24, leave out “resolves at the meeting” and insert “—

(a) is not the Greater London Authority and resolves at the meeting mentioned in subsection (2)(a) that the referendum should be held, or

(b) is the Greater London Authority and resolves”

LORD GREAVES

LORD RENNARD

128Q

Page 41, line 30, leave out subsection (6)

Clause 50

LORD GREAVES

LORD RENNARD

 

The above-named Lords give notice of their intention to oppose the Question the Clause 50 stand part of the Bill.

Clause 51

LORD GREAVES

LORD RENNARD

128R

Page 42, line 8, leave out paragraph (c)

128S

Page 42, line 10, leave out subsections (3) to (5)

Clause 52

LORD GREAVES

LORD RENNARD

128T

Page 42, line 25, leave out “or an election”

128U

Page 42, line 26, leave out “six” and insert “twelve”

128V

Page 42, line 28, leave out “or election”

128W

Page 42, line 37, leave out paragraph (c)

Clause 53

LORD GREAVES

LORD RENNARD

128X

Page 43, line 9, leave out subsections (4) and (5)

128Y

Page 43, line 11, insert—

“(4A) Any material published by the authority must give equal prominence to the arguments for and against the question.”

128Z

Page 43, line 12, leave out “subsection (4)” and insert “subsections (4) and (4A)”

128AA

Page 43, line 15, at end insert—

“( ) may only be exercised following a resolution authorising the maximum amount to be spent, carried at the meeting of the authority which decides to hold the referendum.”

After Clause 53

EARL CATHCART

LORD TRUE

129

Insert the following new Clause—

“Cost of referendums

The principal local authority may recover the cost of the referendum from the electors in the area in which the referendum was held.”

Clause 54

LORD GREAVES

LORD RENNARD

129A

Page 43, line 19, leave out from beginning to second “an” and insert “are local government electors in”

129B

Page 43, line 37, leave out paragraph (b)

129C

Page 43, line 39, leave out paragraphs (d) and (e)

Clause 55

LORD GREAVES

LORD RENNARD

129D

Page 44, line 20, leave out from beginning to “must” in line 21 and insert “The partner authority”

129E

Page 44, line 20, leave out “of the referendum”

Clause 56

LORD GREAVES

LORD RENNARD

 

The above-named Lords give notice of their intention to oppose the Question that Clause 56 stand part of the Bill.

After Clause 56

LORD GREAVES

LORD RENNARD

129F

Insert the following new Clause—

“Parish polls

In paragraph 18 of Schedule 12 to the Local Government Act 1972 (meetings and proceedings of local authorities), omit sub-paragraphs (4), (5) and (6).”

Clause 57

BARONESS HANHAM

129G*

Page 45, line 1, leave out from “Authority,” to “by” in line 2 and insert “a function of passing a resolution under this Chapter is to be exercisable (in accordance with this Chapter)”

Clause 58

LORD GREAVES

LORD RENNARD

129H*

Page 45, line 20, after “elector” insert “on the date stated on the petition”

BARONESS HANHAM

129J*

Page 45, line 40, at end insert—

““special-case petition” has the meaning given by section (Petitions: special cases in which holding of referendum is discretionary).”

LORD GREAVES

LORD RENNARD

129K*

Page 45, line 42, leave out paragraph (a)

129L*

Page 45, line 44, leave out “the Mayor of London or”

Schedule 5

BARONESS HANHAM

129M*

Page 280, line 29, at end insert—

“(ba) the amount of any levies and special levies—

(i) issued to it for the year, or

(ii) anticipated by it in pursuance of regulations under section 74 or 75 of the 1988 Act, or

(c) the amount of any expenditure it estimates it will incur in the year that will be qualifying expenditure in taking steps to give effect to the result of any qualifying local referendum held in an area consisting of, or including, the whole of its area.”

129N*

Page 280, line 30, after “than” insert “a county council or”

129P*

Page 280, line 34, at end insert—

“(2A) In the case of a major precepting authority that is a county council, any reference in this Chapter to the authority’s relevant basic amount of council tax for a financial year is a reference to the amount that would be calculated by it in relation to the year under section 42B(1) above if section 42A above did not require or permit it to take into account—

(a) the amount of any levies—

(i) issued to it for the year, or

(ii) anticipated by it in pursuance of regulations under section 74 of the 1988 Act, or

(b) the amount of any expenditure it estimates it will incur in the year that will be qualifying expenditure in taking steps to give effect to the result of any qualifying local referendum held in an area consisting of the whole of its area.”

129Q*

Page 280, line 38, leave out from “amount” to “(referred” in line 39

129R*

Page 280, line 41, after “year)” insert “that would be calculated by it under section 88(2) of the Greater London Authority Act 1999 if sections 85 and 86 of that Act did not require or permit it—

(i) to take into account the amount of any levies issued to a constituent body for the year,

(ii) to anticipate, in pursuance of regulations under section 74 of the 1988 Act, the issue of levies to a constituent body, or

(iii) to take into account the amount of any expenditure it estimates a constituent body will incur in the year that will be qualifying expenditure in taking steps to give effect to the result of any qualifying local referendum held in an area consisting of the whole of Greater London”

129S*

Page 280, line 42, leave out from “amount” to “(referred” in line 43

129T*

Page 280, line 45, at end insert “that would be calculated by it under section 89(3) of the Greater London Authority Act 1999 if sections 85 and 86 of that Act did not require or permit it—

(i) to take into account the amount of any levies issued to a constituent body for the year,

(ii) to anticipate, in pursuance of regulations under section 74 of the 1988 Act, the issue of levies to a constituent body, or

(iii) to take into account the amount of any expenditure it estimates a constituent body will incur in the year that will be qualifying expenditure in taking steps to give effect to the result of any qualifying local referendum held in an area consisting of the whole of Greater London”

129U*

Page 281, line 29, at end insert—

“(9) In this section—

“local referendum” has the meaning given by section 42(1) of the Localism Act 2011;

“qualifying expenditure” means expenditure in relation to which the prescribed conditions are met;

“qualifying local referendum” means a local referendum in relation to which the prescribed conditions are met.”

Clause 68

LORD JENKIN OF RODING

LORD TRUE

130

Page 57, line 31, leave out paragraphs (a) to (d) and insert “any public body, including, but not limited to, local authorities, government departments, government agencies and non-departmental public bodies”

BARONESS THORNTON

130A

Page 58, line 7, after “authority” insert “who have formed an organisation for charitable purposes or a community interest company or industrial and provident society”

LORD JENKIN OF RODING

LORD TRUE

131

Page 58, line 7, at end insert—

“( ) a local authority, on behalf of its community, when the relevant authority is a government department, government agency or non-departmental public body,”

BARONESS THORNTON

131A

Page 58, line 10, after “means” insert “a body which is operating primarily within the area of the relevant authority, or which can demonstrate that it is working collaboratively with a body operating primarily in the area of the relevant authority, and which is”

After Clause 68

LORD JENKIN OF RODING

132

Insert the following new Clause—

“List of challengeable services

(1) A local authority must maintain a list of relevant services provided by or on behalf of all relevant authorities in its area.

(2) The list maintained under subsection (1) by a local authority is to be known as its “list of challengeable services”.

(3) All relevant authorities must provide, upon receiving a written request from a local authority, a list of relevant services provided within that local authority’s area.

(4) The Secretary of State may by regulations make further provision in relation to a local authority’s list of challengeable services, including provision about—

(a) the form in which the list is to be kept;

(b) contents of an entry in the list (including matters not to be included in an entry);

(c) modification of an entry in the list;

(d) removal of an entry from the list.

(5) Subject to any provision made by or under this Chapter, it is for a local authority to decide the form and contents of its list of challengeable services.

(6) A local authority must publish its list of challengeable services and must provide a free copy of this list to any relevant body that asks it for a copy, but is not required to provide any particular relevant body more than one free copy of the same version of the list.

(7) In this section “free” means free of charge.”

LORD LUCAS

133

Insert the following new Clause—

“Duty to consider requests

(1) A relevant authority must consider a request in accordance with this Chapter if—

(a) it is submitted to an authority by a parish or town council, and

(b) it is made in writing and complies with such other requirements for requests as the Secretary of State may specify by regulations.

(2) In this Chapter “request” means a request to a relevant authority that it should provide a service or perform a function (being a service or function that it already provides or performs, or is entitled to provide or perform) in a specified manner.

(3) A relevant authority in receipt of such a request shall accede to it unless doing so would—

(a) result in net additional expenditure or net reduced revenue, or

(b) adversely affect that authority’s wider interests or policies.

(4) In reaching a conclusion under subsection (3)(a), the relevant authority shall take into account all consequent changes in expenditure or income, including any amounts that the parish council is prepared to pay the authority, except that it may not take into account any net reduction in revenue resulting from the enforcement of civil penalties.”

After Clause 73

LORD WILLS

133A*

Insert the following new Clause—

“Freedom of information and contracts

(1) Any contract made by a relevant authority with any person after the coming into force of this section shall be deemed to include a freedom of information provision.

(2) Where such a contract is to any extent performed by means of a sub-contract that sub-contract shall be deemed to include a freedom of information provision.

(3) In this section a “freedom of information provision” means a provision stipulating that all information relating to the performance of the contract which is held by—

(a) the contractor,

(b) the sub-contractor, and

(c) any other person on behalf of the contractor or sub-contractor,

is, notwithstanding any contrary provision, deemed to be held on behalf of the relevant authority for the purpose of section 3(2)(b) of the Freedom of Information Act 2000 or regulation 3(2)(b) of the Environmental Information Regulations 2004.

(4) A freedom of information provision shall not require—

(a) a contractor to disclose to the relevant authority any communication between itself and a professional legal adviser in connection with the giving of legal advice to it with respect to its obligations, liabilities or rights in relation to the relevant authority under the contract;

(b) a sub-contractor to disclose to the contractor any communication between a professional legal adviser and itself in connection with the giving of legal advice to it with respect to its obligations, liabilities or rights in relation to the contractor under the contract.

(5) In this section “relevant authority” has the same meaning as in section 14(4).”

133B*

Insert the following new Clause—

“Application of Freedom of Information Act 2000 to publicly-owned companies

(1) The Freedom of Information Act 2000 is amended as follows.

(2) In section 6(1), at the end insert—

“(c) at least fifty per cent of its shares are owned by one or more relevant authorities.”

(3) In section 6(3), at the end insert—

““relevant authority” has the same meaning as in section 14(4) of the Localism Act 2011.””

133C*

Insert the following new Clause—

“Annual Report on compliance with the Freedom of Information Act 2000 etc

(1) A relevant authority shall publish an annual report relating to its compliance with the Freedom of Information Act 2000 (“the Act”) and the Environmental Information Regulations 2004 (“the regulations”) setting out—

(a) the number of requests which it has received and numbers which have been granted in full or refused in part or in full;

(b) the number of requests refused—

(i) under section 14(1) of the Act (vexatious requests);

(ii) under section 14(2) of the Act (repeated requests);

(iii) on the ground that the cost of complying with the request would exceed the appropriate limit under section 12 of the Act;

(iv) on the grounds that an exemption under the Act or an exception under the regulations applied, specifying the number of requests refused under each exemption or exception;

(c) the number of requests to which it has responded—

(i) within the time limits prescribed under section 10(1) of the Act or regulation 5(2) of the regulations; or

(ii) within the additional time permitted under section 10(3) of the Act or regulation 7(1) of the regulations;

(d) the number of requests to which it has not responded within the time limits referred to in paragraph (c) and the time taken to respond to each of those requests;

(e) the numbers of occasions on which it has—

(i) charged a fee under section 9 of the Act,

(ii) charged a fee under section 13 of the Act,

(iii) made a charge under regulation 8(1) of the regulations,

and the amount of the fee or charge in each case;

(f) the number of—

(i) complaints which it has received from applicants in respect of its handling of requests under the Act, and

(ii) representations it has received under regulation 11 of the regulations,

and the time it has taken to consider each of those complaints or representations and the results of those considerations;

(g) the number of complaints made to the Information Commissioner in respect of the authority and the outcome of those complaints;

(h) the number of appeals against decisions of the Commissioner in respect of the authority made—

(i) by the authority, or

(ii) by the applicant,

and the outcome of those appeals.

(2) The Secretary of State may by regulations prescribe—

(a) that further specified particulars are to be contained in the annual report required under this section, and

(b) the form in which the information contained in the annual report required under this section is to be presented.”

Clause 74

LORD HOWARD OF RISING

134

Page 61, line 10, leave out “the end of the period of” and insert “no later than”

135

Page 61, line 14, leave out subsection (4)

LORD HODGSON OF ASTLEY ABBOTTS

136

Page 61, line 19, at end insert—

“( ) the definition of an asset of community value;”

Clause 76

BARONESS THORNTON

136A

Page 62, line 38, at end insert—

“( ) by a community organisation operating in the local authority area,”

Clause 77

LORD HOWARD OF RISING

137

Page 63, line 15, leave out “must” and insert “may”

138

Page 63, line 18, leave out “is required by subsection (3) to accept” and insert “accepts under subsection (3)”

139

Page 63, line 23, leave out subsection (6)

Clause 78

LORD HOWARD OF RISING

140

Page 64, line 2, leave out subsection (4)

Clause 79

LORD HOWARD OF RISING

141

Page 64, line 24, leave out paragraph (b)

141A

Page 64, line 32, leave out sub-paragraph (ii)

141B

Page 64, line 36, leave out “may” and insert “must”

Clause 80

LORD HOWARD OF RISING

142

Page 65, line 8, leave out subsection (3)

Clause 82

LORD HODGSON OF ASTLEY ABBOTTS

143

Page 66, line 13, leave out “C” and insert “D”

BARONESS THORNTON

143A

Page 66, line 20, at end insert—

“( ) where the owner is a public body, any community interest group or groups which meet the requirements of subsection (3)(a) have been provided with the option of first refusal to purchase the asset, with regulations for this purpose specified by the appropriate authority, or”

LORD HODGSON OF ASTLEY ABBOTTS

144

Page 66, line 22, at end insert—

“( ) Condition D is that where a relevant disposal of land is in relation to an existing business, the full moratorium period is only applicable in the following circumstances—

( ) the business is at risk of closure;

( ) the business is closed;

( ) the business is subject to an application for change of use;

( ) the building is subject to a demolition order.”

LORD HOWARD OF RISING

145

Page 66, line 24, at end insert—

“( ) Where a request by a community interest group to be treated as a potential bidder in relation to a relevant disposal has been made, an interim or full moratorium period may not last for more than six months.”

LORD HODGSON OF ASTLEY ABBOTTS

146

Page 66, line 37, at end insert—

“( ) The moratorium timescales in relation to a relevant disposal are as follows—

( ) the interim moratorium period is two weeks;

( ) the full moratorium period is three months;

( ) the protected period in relation to a relevant disposal is 18 months.”

147

Page 66, line 38, leave out subsection (7)

BARONESS THORNTON

147A

Page 66, line 41, after “shorter” insert “than six months and must not be shorter”

After Clause 95

BARONESS GREENGROSS

148

Insert the following new Clause—

“Local development: survey of area

(1) Section 13 of the Planning and Compulsory Purchase Act 2004 (survey of area) is amended as follows.

(2) After subsection (3) insert—

“(3A) The local planning authority shall undertake and publish a numerical assessment of the level of housing need and demand for all age groups in its area, together with its proposals for addressing such need and demand including plans relating to the provision of housing across all types and tenures.””

Schedule 9

BARONESS THORNTON

148A

Page 306, line 16, at end insert “which has achieved quality parish council status or other quality standards as specified for this purpose by the relevant authority”

LORD RENFREW OF KAIMSTHORN

148B*

Page 311, line 4, at end insert “, and

“( ) development that would be likely to harm a heritage asset of national importance or its setting.”

BARONESS GARDNER OF PARKES

149

Page 311, line 16, at end insert—

“(c) in the case of planning permission for the construction of a basement at an existing property, provision requiring the applicant to undertake full consultation with owners of adjoining properties and with any others who would be adversely affected by the construction.”

LORD RENFREW OF KAIMSTHORN

149A*

Page 311, line 16, at end insert—

“( ) Before the beginning of any development pursuant to a neighbourhood development order, the developer shall apply to the local planning authority for a determination as to whether the development would be likely to harm a heritage asset of national importance or its setting.

( ) The application shall be accompanied by a description of the development, a plan indicating the site in relation to any heritage assets likely to be affected by the development and a statement and other material sufficient to indicate the likely effect of development upon such heritage assets together with the fee required to be paid.

( ) The development shall not be begun before—

(a) the receipt by the applicant from the local planning authority of a written notice of their determination that the proposed development does not constitute excluded development by virtue of section 61I; or

(b) the expiry of 28 days following the date on which the application was received by the local planning authority without that authority making any such determination or notifying the applicant of their determination.”

LORD LUCAS

150

Page 314, line 17, at end insert—

“( ) after subsection (4) insert—

“(4A) If there is no neighbourhood development plan in force, such documents as the local authority considers reflects the interest of the community.””

151

Page 316, line 20, at end insert—

“( ) Departures from policies in neighbourhood plans should only be considered in exceptional circumstances.”

152

Page 316, line 20, at end insert—

“( ) All agreements reached by a qualifying body in respect of a neighbourhood development plan must be fully recorded and available for public inspection.”

Schedule 10

LORD LUCAS

152A*

Page 318, line 3, at end insert—

“(2A) The proposal may include proposals in a prescribed form and accompanied by documents and information of a prescribed description concerning the creation or reorganisation of parishes.

(2B) If a referendum under paragraph 12(4) concerning a neighbourhood development order combining such proposals is agreed to, it shall have effect as if the neighbourhood development order constituted the recommendations of a community governance review under section 87 of the Local Government and Public Involvement in Health Act 2007.

(2C) A principal local authority as defined in that Act must give effect to the entirety of such a review.”

153

Page 321, line 22, leave out “having regard to” and insert “taking account of”

BARONESS THORNTON

153A

Page 322, line 42, at end insert—

“(b) that a period of further consultation is provided, with the aim of enhancing community consensus, or”

Clause 107

LORD RENFREW OF KAIMSTHORN

153B

Page 85, line 23, at end insert—

“(8) A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice given by the local planning authority on the basis of the information contained within the relevant historic environment record; and each local planning authority should either maintain or have access to an historic environment record for this purpose.”

Clause 108

LORD AVEBURY

154

Page 87, line 3, after “notice” insert “(that was issued and took effect no more than three years prior to the application being made)”

BARONESS GARDNER OF PARKES

155

Page 87, line 5, at end insert—

“70D Requirement for consultation on retrospective application

A local planning authority may require an applicant for retrospective planning permission to carry out consultation on the proposed application as if it were an application of a type specified under section 61W, and to take account of responses to the consultation in accordance with section 61X.”

Clause 110

BARONESS GARDNER OF PARKES

156

Page 90, line 22, at end insert—

“( ) Section 171B (time limits) ceases to have effect.”

Clause 111

LORD BORRIE

LORD BLACK OF BRENTWOOD

LORD SMITH OF FINSBURY

LORD RODGERS OF QUARRY BANK

157

Page 92, line 20, at end insert “and

(c) unless an appeal is submitted under subsection (16),”

LORD BORRIE

LORD BLACK OF BRENTWOOD

LORD SMITH OF FINSBURY

158

Page 93, line 16, at end insert—

“(16) Power under subsection (1) is subject to the right of appeal under section 225C.”

159

Page 95, line 1, leave out “notice under section 225B” and insert “notices under sections 225A or 225B”

160

Page 95, line 2, after “section” insert “225A(3) and (5) or”

161

Page 95, line 12, after “of” insert “a display structure”

162

Page 95, line 13, after “section” insert “225A(5) or”

163

Page 95, line 16, after “surface” insert “or display structure”

164

Page 95, line 28, after “section” insert “225A(3) and (5) or”

165

Page 95, line 30, after “section” insert “225A(3) and (5) or”

166

Page 95, line 32, after “section” insert “225A(7) or”

After Clause 112

LORD WIGLEY

166A*

Insert the following new Clause—

“Transfer of renewable energy generating station consent powers to Welsh Ministers

(1) The Secretary of State shall make regulations to transfer to Welsh Ministers those functions of the Infrastructure Planning Commission and the Marine Management Organisation which relate to applications for an order granting development consent for the construction or extension of generating stations, which will generate renewable energy, in Wales or in waters adjacent to Wales up to the seaward limits of the territorial sea.

(2) Regulations made under subsection (1) shall be laid within 12 months of the passing of this Act and are subject to negative resolution procedure.”

166B*

Insert the following new Clause—

“Transfer of generating station consent powers to Welsh Ministers

(1) The Secretary of State shall make regulations to transfer to Welsh Ministers those functions of the Infrastructure Planning Commission and the Marine Management Organisation which relate to applications for an order granting development consent for the construction or extension of generating stations in Wales or in waters in, or adjacent to, Wales, up to the seaward limits of the territorial sea.

(2) Regulations made under subsection (1) must be laid within 12 months of the passing of this Act and shall be subject to the negative resolution procedure.”

Clause 124

BARONESS PARMINTER

LORD GREAVES

LORD MCKENZIE OF LUTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 124 stand part of the Bill.

After Clause 124

LORD LUCAS

167

Insert the following new Clause—

“Duty to have regard to community views

After section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of local development documents) insert—

“19A Duty to have regard to community views

(1) A local planning authority must have regard to any written expressions of community views in the preparation of development plan documents so far as they relate to spatial planning.

(2) Where a local planning authority decides to set aside these views, it must give written reasons.

(3) For the purpose of subsection (1), a local planning authority must have regard to any guidance issued by the Secretary of State as to the definition of “community views”.””

LORD SELSDON

168

Insert the following new Clause—

“Planning permission for subterranean development

After section 75 of the Town and Country Planning Act 1990, insert—

“75A Planning permission for subterranean development

(1) Any proposed development which extends below the ground level of an existing property shall be deemed to be “a subterranean development” and any person seeking to undertake a subterranean development must—

(a) commission a “Subterranean Impact Study” by consultants approved by the Department for Environment, Food and Rural Affairs on the impact of the proposed subterranean development upon—

(i) subterranean ground conditions with particular reference to flowing and standing water; and

(ii) foundations, footings and structure of any adjacent buildings and other buildings within a radius of 100 metres of the proposed development;

(b) provide owners of any adjacent properties and of properties within a radius of 100 metres with a copy of the Subterranean Impact Study and enter into consultation with the respective owners during a period of not less than 90 days;

(c) submit a copy of the Subterranean Impact Study to the relevant planning authority, together with the results of the consultation with relevant adjacent and nearby property owners, before submitting any application for full planning approval for the proposed subterranean development from the relevant planning authority;

(d) seek the approval of the Secretary of State for the proposed subterranean development;

(e) provide an appropriate warranty or bond and security for expenses to a value to be determined by a specialist advisor.””

BARONESS GARDNER OF PARKES

169

Insert the following new Clause—

“Planning permission for development under land

After section 75 of the Town and County Planning Act 1990, insert—

“75A Planning permission for development under land

(1) In considering an application for planning permission for a development involving building under land, a local planning authority shall—

(a) have regard to the number of other applications for such development in the locality that it has granted;

(b) presume that if it has granted permission for such development in respect of one application it will, unless there are exceptional circumstances, grant permission for other applications proposing similar development; and

(c) ensure that adequate protection is provided for adjacent and neighbouring properties.

(2) The Secretary of State may make regulations requiring an applicant for planning permission for a development involving building under land to demonstrate that the applicant has entered into such appropriate insurance arrangements or bonds or other security as are specified in the regulations.

(3) The Secretary of State may make regulations requiring an applicant for planning permission for a development involving building under land to demonstrate that the development will be adequately supervised by a qualified structural engineer.””

170

Insert the following new Clause—

“Development on green belt land

The appropriate planning authority may grant planning permission for development involving infilling on green belt land (within the meaning given by Planning Policy Guidance 2: Green belts) if on that land sufficient infrastructure and services exist as to make the development reasonable.”

LORD REAY

170A*

Insert the following new Clause—

“Windfarms: appeal costs

Where an appeal is made against the decision of a local planning authority to reject a planning application for an onshore windfarm, and the matter is taken to a public inquiry, the costs incurred by the authority in contesting the appeal, as well as any reasonable costs incurred by any registered rule 6(6) party under the Town and Country Planning Appeals Rules 2000, shall be paid for by the appellant.”

Clause 128

LORD RIX

BARONESS HOLLINS

171

Page 120, line 37, after “disability)” insert “or those who have an assessed housing need in a community care assessment”

Clause 129

LORD RIX

BARONESS HOLLINS

172

Page 123, line 27, after “paragraph” insert “after the words “they are satisfied that the accommodation is suitable” insert “and affordable”; after “applicant” insert the words “and the local authority, acting as an intermediary, has a leasing arrangement with the private landlord”; and”

173

Page 123, line 41, leave out “12” and insert “60”

After Clause 130

LORD BEST

173A

Insert the following new Clause—

“Suitability of accommodation

In section 210 of the Housing Act 1996 (suitability of accommodation secured under homelessness duties), after subsection (2) insert—

“(3) Accommodation shall not be regarded as suitable for a person unless it is affordable.

(4) Accommodation shall not be considered to be affordable if an applicant’s residual income after deduction of the rent and other costs of that accommodation would be less than the amount of income support or income-based jobseeker’s allowance or such other subsistence level state benefit as may be available at the time which is applicable in respect of that applicant and his or her household, or which would be available if he or she was entitled to claim such benefit.

(5) In determining whether accommodation is suitable for the applicant and his or her household in terms of its location, the authority shall have specific regard to—

(a) subsection (1) of section 208;

(b) the distance of the accommodation from or proximity to employment or employment opportunities;

(c) any disruption to the education of children or young persons in the household;

(d) the risks to the applicant of isolation, taking into account amenities such as transport, shops and other necessary facilities;

(e) the level of support available to the applicant in the district in which the accommodation is situated from family or friends or the local community;

(f) the availability of medical treatment where appropriate;

(g) any caring responsibilities of the applicant in relation to another person;

(h) the ages of the applicant and other members or his or her household; and

(i) any other circumstances affecting the wellbeing of the applicant and his or her household.

(6) Accommodation shall not be regarded as suitable for a person unless the authority is satisfied that the landlord is a fit and proper person and that, where the accommodation forms part of a house in multiple occupation, the proposed management arrangements for the house are satisfactory.

(7) For the purposes of subsection (6), the tests in section 66 of the Housing Act 2004 shall apply for the purposes of deciding whether a landlord is a fit and proper person or (as the case may be) whether the proposed management arrangements for the house are satisfactory (whether or not the house is subject to mandatory licensing).

(8) Accommodation shall not be regarded as suitable for a person where on inspection the authority considers that a category 1 hazard, within the meaning of section 2(1) of the Housing Act 2004 (meaning of “category 1 hazard” and “category 2 hazard”) exists in or in relation to the accommodation itself or the premises in which the accommodation is situated.””

Before Clause 131

LORD BEST

173B

Insert the following new Clause—

“Exemptions from flexible tenancy regime

(1) The Secretary of State shall by regulations provide that a secure tenancy shall not be capable of being a flexible tenancy if it falls within one of such classes as shall be prescribed.

(2) The prescribed classes of secure tenancy referred to in subsection (1) shall include—

(a) tenancies granted to a tenant (alone or jointly with others) aged 60 years or more;

(b) tenancies granted to a tenant (alone or jointly with others) in circumstances where the tenant or a member of his or her household suffers from a long-term illness or disability, or has a need for secure accommodation on medical or welfare grounds;

(c) tenancies granted to such other persons as regulations shall provide who have a need for secure accommodation.

(3) In determining whether a tenant falls within one of the prescribed classes of person, the landlord authority shall have regard to guidance issued by the Secretary of State under this section.

(4) Where a tenancy is a secure tenancy by reason of regulations made under this section, it shall be a ground for possession within section 84 of the Housing Act 1985 (grounds and orders for possession) where the accommodation afforded by the dwelling-house is more extensive than is reasonably required by the tenant.

(5) The court shall not make an order for possession under subsection (4) unless—

(a) it is satisfied that suitable alternative accommodation will be available for the tenant when the order takes effect; and

(b) it considers it reasonable to make the order.

(6) Part IV of Schedule 2 to the Housing Act 1985 (suitability of accommodation) shall have effect for determining, for the purpose of subsection (5)(a), whether suitable alternative accommodation will be available for the tenant.

(7) Where the landlord considers that the ground for possession in subsection (4) applies to a tenancy, the court shall not entertain proceedings for possession of the tenancy unless the landlord has complied with the notice requirements in section 83 and subsections (3) and (4) of section 84 of the Housing Act 1985.

(8) Where proceedings are brought for possession of a dwelling-house under the ground in subsection (4), the court shall have the powers set out in section 85 of the Housing Act 1985.”

Clause 131

LORD BEST

173C

Leave out Clause 131 and insert the following new Clause—

“Tenancy strategies

(1) A local housing authority in England working with registered providers of social housing in its area, residents, and other stakeholders shall consider appropriate responses to relevant tenancy issues locally.

(2) A local housing authority must publish information detailing the approach taken locally to tenancy issues in any manner it considers appropriate.

(3) This information may include how the local housing authority, registered providers and partners will work together in relation to—

(a) the kinds of tenancies they grant,

(b) the circumstances in which they will grant a tenancy of a particular kind,

(c) where they grant tenancies for a certain term, the lengths of the terms,

(d) the circumstances in which they will grant a further tenancy on the coming to an end of an existing tenancy, and

(e) any other issues as determined appropriate by the local housing authority.

(4) The powers in this section may be exercised by a single local housing authority or by two or more local housing authorities acting jointly.”

Clause 135

LORD BEST

173D

Page 130, line 24, at end insert—

“(3A) In carrying out the review, the reviewing officer shall proceed on the basis of a presumption that a new flexible tenancy for a term at least equivalent to the current or previous fixed term should be granted to the tenant unless the contrary is shown to be in accordance with the authority’s policies, in the interests of good housing management and compliant with Article 8 of the European Convention on Human Rights.”

LORD RIX

BARONESS HOLLINS

174

Page 130, line 46, at end insert—

“107F Exemptions from flexible tenancies

(1) People on disability living allowance, employment and support allowance and those over the age of 65, should be exempt from being offered a flexible tenancy.

(2) The Secretary of State may seek to make further exemptions from flexible tenancies at any time.”

Clause 139

LORD RIX

BARONESS HOLLINS

175

Page 134, line 15, after “partner” insert “(priority successor)”

176

Page 134, line 15, at end insert “, or

(c) P is a reserve successor.

A reserve successor is a person who is not a priority successor of the contract holder and who is either a carer or who meets the family member condition.”

LORD RIX

177

Page 134, leave out lines 16 to 24 and insert—

“(2) A person (“P” (reserve successor)) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if at the time of the tenant’s death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home.”

178

Page 134, leave out lines 27 to 30

Clause 149

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

 

The above-named Lords give notice of their intention to oppose the Question that Clause 149 stand part of the Bill.

Clause 158

BARONESS HAYTER OF KENTISH TOWN

LORD BEST

179

Page 144, line 7, leave out “must” and insert “may”

180

Page 144, line 8, leave out “is not “duly made”” and insert “may be made”

181

Page 144, line 9, leave out “unless it is”

Clause 160

LORD WILLS

181A*

Page 149, line 30, at end insert—

“(9) In Part VI of Schedule 1 to the Freedom of Information Act 2000 (public authorities) at the appropriate place insert—

“A Housing Ombudsman.””

After Clause 161

LORD AVEBURY

182

Insert the following new Clause—

“Duties of local housing authorities: accommodation needs of Gypsies and Travellers

In section 225 of the Housing Act 2004 (duties of local housing authorities: accommodation needs of gypsies and travellers) after subsection (1) insert—

“(1A) Assessments under subsection (1) shall be carried out no less frequently than every five years.

(1B) Within one year of the date on which the Localism Act 2011 is passed, every local housing authority which has not carried out an assessment under subsection (1) within the previous four years must complete and publish such an assessment.

(1C) Every local housing authority has a duty to provide or to ensure the provision of sufficient accommodation for gypsies and travellers residing in or resorting to their district, having regard to the assessment under subsection (1).

This subsection shall come into force 18 months after the date on which the Localism Act 2011 is passed.””

LORD BEST

182A

Insert the following new Clause—

“Exclusion of certain rural dwellings from the preserved right to buy

The preserved right to buy under section 171A of the Housing Act 1985 (cases in which right to buy is preserved) shall not be available in respect of a dwelling-house let by a registered provider of social housing in a rural area designated for the purposes of section 17(1)(b) of the Housing Act 1996 (right of tenant to acquire dwelling: supplementary provisions).”

LORD BEST

BARONESS HAYTER OF KENTISH TOWN

182B

Insert the following new Clause—

“Tenancy deposit schemes

(1) Section 213 of the Housing Act 2004 (requirements relating to tenancy deposits) is amended as follows.

(2) For subsection (3) substitute—

“(3) Where a landlord receives a tenancy deposit in connection with a shorthold tenancy, the deposit must be protected by the landlord within the period of 14 days beginning with the date on which it is received.”

(3) For subsection (4) substitute—

“(4) For the purposes of this section, a deposit is protected when the landlord complies with such requirements of an authorised scheme as fall to be observed by a landlord for the purpose of subsection (1).”

(4) In subsection (5)(b), omit the word “initial”.

(5) After subsection (8) insert—

“(8A) Where a person becomes the landlord of premises held under a tenancy to which subsection (1) applies, but in respect of which the provisions of subsections (3) and (6) have not been complied with, for the purposes of this section that person shall be deemed to have received the deposit on the date of transfer of the reversion.

(8B) Where a shorthold tenancy in respect of which a tenancy deposit was paid by the tenant began before the commencement date of this section, and after the commencement date a replacement tenancy is entered into, the landlord shall be deemed to have received the deposit for the purposes of this section on the day on which the replacement tenancy began.”

(6) After subsection (9) insert—

“(10) For the purposes of this Chapter, a replacement tenancy is a tenancy (whether of the same premises as those let under the earlier tenancy or otherwise)—

(a) which comes into being on the coming to an end of an assured shorthold tenancy, and

(b) under which, on its coming into being—

(i) the landlord is a person who (alone or jointly with others) was a landlord under the earlier tenancy;

(ii) the tenant is a person who (alone or jointly with others) was a tenant under the earlier tenancy; and

(iii) under which the deposit, or part of the deposit, received by the landlord under the earlier tenancy (or under a previous tenancy) is retained by the landlord.””

LORD BEST

182C

Insert the following new Clause—

“Proceedings relating to tenancy deposits

(1) Section 214 of the Housing Act 2004 (proceedings relating to tenancy deposits) is amended as follows.

(2) In subsection (1), for paragraph (a) substitute—

“(a) that the deposit has not been protected in accordance with section 213(3) or that subsection (6) of that section has not been complied with; or”.

(3) In subsection (2), for paragraph (a) substitute—

“(a) that the deposit has not been protected in accordance with subsection (4) or that subsection (6) has not been complied with, or”.

(4) In subsection (3), after paragraph (b) insert “(unless the tenancy in question and any replacement tenancy have ended)”.

(5) For subsection (4) substitute—

“(4) The court must also order the landlord to pay to the applicant such additional sum of money as it shall consider reasonable being not less than the amount of the deposit nor more than three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.”

(6) After subsection (6) insert—

“(7) In determining the sum of money payable by the landlord under subsection (4), the court shall have regard to all the circumstances, and in particular—

(a) the landlord’s reasons for his failure to comply with his obligations under this Chapter;

(b) whether the landlord knew, or ought to have known, of his obligations; and

(c) the length of time taken by the landlord in complying with his obligations.

(8) In considering the extent of the landlord’s knowledge under subsection (7)(b), the court shall assume that the landlord knew, or ought to have known, of his obligations unless the contrary is proved.

(9) In this section, references to a tenant include any person or persons who is or was the tenant under a tenancy to which section 213(1) relates, or under any replacement tenancy.””

182D

Insert the following new Clause—

“Sanctions for non-compliance

(1) Section 215 of the Housing Act 2004 (sanctions for non-compliance) is amended as follows.

(2) In subsection (1), for paragraphs (a) and (b) substitute—

“(a) the deposit has not been protected (see section 213(4)), or

(b) the deposit is not being held in accordance with an authorised scheme”.”

182E

Insert the following new Clause—

“Community land trusts and leasehold enfranchisement

(1) The Housing and Regeneration Act 2008 is amended as follows.

(2) After section 302, insert—

“302A Community land trust and leasehold enfranchisement

(1) Regulations may make provision for securing that in prescribed circumstances—

(a) an enfranchisement right is not exercisable in relation to dwellings owned (whether freehold or leasehold) by a community land trust as defined in section 79 of this Act, or

(b) the exercise of an enfranchisement right in relation to that land is subject to modifications provided for by the regulations.

(2) Each of the following is an “enfranchisement right”—

(a) the right under Part 1 of the Leasehold Reform Act 1967 to acquire the freehold of a house (enfranchisement),

(b) the right under Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (collective enfranchisement in case of tenants of flats), and

(c) the right under section 180 of the Housing and Regeneration Act 2008 (right to acquire social housing).

(3) The regulations may—

(a) confer discretionary powers on the Secretary of State, a community land trust or any other specified person, and

(b) require notice to be given by a community land trust in any case where, as a result of the regulations, an enfranchisement right is not exercisable or is exercisable subject to modifications.””

Clause 199

LORD TRUE

183

Page 176, line 17, after “Mayor” insert “or to the London boroughs or any borough or group of London boroughs within the Greater London Authority area”

184

Page 176, line 27, at end insert—

“( ) No delegation to the Mayor under subsection (1) above may be made unless the Secretary of State has—

(a) consulted all London boroughs and the City of London on whether the function could be more appropriately and effectively conducted at a more local level by London boroughs, or any borough or group of London boroughs within the Greater London Authority area, and

(b) if a majority of the authorities consulted think that the function could be more appropriately and effectively conducted at borough level, laid a statement before Parliament explaining why the function should not be delegated to a more local level than the Mayor.”

After Clause 206

BARONESS KRAMER

185

Insert the following new Clause—

“Transport for London: Rail Authority for London

(1) Section 196 of the Greater London Authority Act 1999 (power of Greater London Authority to give instructions or guidance to Franchising Director) is amended as follows.

(2) In subsection (1), for “The Authority may give instructions or guidance to” substitute “Transport for London shall be”.

(3) Omit subsections (2) to (4).

(4) In subsection 5—

(a) in the opening words, omit from “give” to the end;

(b) in paragraph (a), for “prevent or seriously hinder him from complying” substitute “fail to comply”;

(c) omit paragraph (b) (but not the “or” following it).

(5) In subsection (6), for “the Authority” (in both places) substitute “Transport for London”.

(6) In subsection (7), for “instructions or guidance may be given” substitute “the Franchising Director shall act”.

(7) In subsection (8), for “the Authority” (in both places) substitute “Transport for London”.

(8) Omit subsection (9).

(9) For the title substitute “Transport for London to be the Franchising Director”.”

BARONESS KRAMER

LORD TOPE

186

Insert the following new Clause—

“London Transport Users’ Committee

(1) On the day appointed for the commencement of this subsection, the body corporate known as the London Transport Users’ Committee that was established by section 247 of the Greater London Authority Act 1999 (as amended) shall cease to exist.

(2) All statutory powers, duties and responsibilities of the London Transport Users’ Committee shall on the day appointed for the commencement of this subsection vest and devolve in the Greater London Authority and are to be exercised by the London Assembly.

(3) Any appointment to the London Transport Users’ Committee in pursuance of section 247 of the Greater London Authority Act 1999 (as amended) shall cease to have effect and section 247 of that Act (as amended) shall cease to have effect from the commencement of this subsection.

(4) References in enactments, instruments and other documents to London Transport Users’ Committee shall have effect from the commencement of this subsection as references to the London Assembly.

(5) Section 251 of and Schedule 18 to the Greater London Authority Act 1999 (as amended) shall cease to have effect from the commencement of this subsection.

(6) Section 248 of the Greater London Authority Act 1999 (as amended) shall be amended by omitting the words “Authority or” in subsection (1)(a) and by omitting the words “or the Authority” in subsection (3)(b).

(7) Section 249 of the Greater London Authority Act 1999 (as amended) shall be amended by omitting subsection (3).

(8) Section 250 of the Greater London Authority Act 1999 (as amended) shall be amended by omitting subsection (1)(a), the words “the Assembly and” in subsection (2) and the words “the Assembly” in subsection (3).

(9) Section 252A of the Greater London Authority Act 1999 (as amended) shall be amended by substituting the words “the Committee” for the words “the London Transport Users’ Committee” in subsection (2)(a).

(10) Section 252B of the Greater London Authority Act 1999 (as amended) shall be amended by omitting the words “the London Assembly” in subsection (1)(b).”

186A*

Insert the following new Clause—

“Administrative, professional and technical services

(1) Section 401A of the Greater London Authority Act 1999 (administrative, professional and technical services) is amended as follows.

(2) In subsection (1) after paragraph (a) insert—

“(aa) the Commissioner of Police for the Metropolis,

(ab) the Homes and Communities Agency,

(ac) the Lee Valley Regional Park Authority,

(ad) the London Pensions Fund Authority,

(ae) the London Transport Users Committee,”.”

Clause 209

LORD TOPE

LORD SHIPLEY

186B*

Page 183, line 6, at end insert—

“( ) an order under section 31(3A);”

Schedule 25

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

187

Page 405, leave out lines 8 and 9

Clause 214

LORD GREAVES

LORD RENNARD

188

Page 186, line 46, at end insert—

“( ) Chapter 1 of Part 4 may not be commenced until universal individual voter registration has been introduced.”

Prepared 22nd June 2011