Localism Bill

REVISED
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—

Clause 1
Schedule 1
Clauses 2 to 11
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]

Before Clause 1

LORD GREAVES

LORD TOPE

1

Insert the following new Clause—

“Purpose of this Act

(1) The purpose of this Act is to promote a political and administrative system and culture which—

(a) is based on the principle that each decision should be made at the lowest practical and effective level, and that where there is a conflict between decisions at a higher or more local level there is a presumption that the local level will prevail unless there are clear and over-riding reasons why it should not;

(b) is underpinned by basic rights for all persons and safeguards against arbitrary discrimination against any person;

(c) focuses public decision-making on bodies which are elected, representative and accountable;

(d) may incorporate minimum standards for the provision of public services that may be established by Parliament, government and elected bodies at a higher level than that at which decisions are made, but otherwise welcomes diversity of provision on the basis of locally determined needs and preferences;

(e) includes a restriction against regulations and orders by government and bodies at higher levels than the minimum absolutely necessary;

(f) shapes the structures of local government in ways that are designed to facilitate the involvement of local citizens, individually and as members of their communities and neighbourhoods;

(g) welcomes and encourages the involvement of local citizens in the design of such structures and participation within them; and

(h) encourages the formation of bodies by local citizens in which they may organise to influence public decision-making, take part in processes of local governance and help to provide local services.

(2) A public body or public official shall, when acting under the provisions of this Act, have regard to the political and administrative system and culture described in subsection (1).

(3) In subsection (2) “public official” means a government minister or employee, or an employee of any body responsible for making decisions on behalf of the government or a local authority.”

Clause 1

LORD GREAVES

LORD TOPE

2

Page 2, line 1, leave out “or elsewhere”

3

Page 2, line 4, leave out “, or otherwise than for,”

After Clause 1

LORD GREAVES

LORD TOPE

4

Insert the following new Clause—

“Objective of the general power

(1) A local authority shall exercise the power conferred by section 1 with the objective of achieving sustainable development.

(2) In this section “sustainable development” means development that meets the social, economic and environmental needs of the present without compromising the ability of future generations to meet their own needs including the application of the following principles—

(a) living within environmental limits,

(b) ensuring a strong, healthy and just society,

(c) achieving a sustainable economy,

(d) promoting good governance, and

(e) using sound science responsibly.”

Schedule 1

LORD GREAVES

LORD ROBERTS OF LLANDUDNO

5

Page 188, line 10, leave out paragraphs 2 to 4

Clause 2

LORD TOPE

LORD GREAVES

6

Page 2, line 13, leave out subsections (1) and (2)

7

Page 2, line 29, leave out paragraph (b)

8

Page 2, line 32, leave out paragraph (c)

9

Page 2, line 35, leave out subsection (4)

Clause 3

LORD GREAVES

LORD TOPE

10

Page 3, line 13, leave out “, or could be done,”

LORD TOPE

LORD GREAVES

11

Page 3, line 22, leave out subsections (3) and (4)

Clause 5

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

12

Page 4, line 10, leave out subsection (3)

13

Page 4, line 13, leave out subsection (4)

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

14

Page 4, line 22, at end insert—

“( ) The power under subsection (1) or (2) may not be exercised to amend, repeal, revoke or disapply—

(a) this Part of this Act,

(b) Public Libraries and Museums Act 1964 section 7 or section 13,

(c) Small Holdings and Allotments Act 1908 section 23,

(d) Children Act 1989 Part 3 and Schedule 2,

(e) Childcare Act 2006, Parts 1 and 2,

(f) Child Poverty Act 2010 Part 2,

(g) Equality Act 2010, section 88,

(h) Equality Act 2010, section 149,

(i) Care Standards Act 2000,

(j) Chronically Sick and Disabled Persons Act 1970 section 21,

(k) Transport Act 2000 section 145A,

(l) Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000,

(m) Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007,

(n) Disabled Persons (Badges for Motor Vehicles) (England) (Amendment No. 2) Regulations 2007,

(o) Carers and Disabled Children Act 2000,

(p) Carers (Recognition and Services) Act 1995,

(q) Disabled Persons (Services, Consultation and Representation) Act 1986,

(r) Mental Health Act 1983 Part 8,

(s) Community Care, Services for Carers and Children Services (Direct Payments) England Regulations 2009,

(t) Public Health Act 1875,

(u) Public Health Act 1936,

(v) Commons Act 2006,

(w) Countryside and Rights of Way Act 2000,

(x) Natural Environment and Rural Communities Act 2006 section 40,

(y) Wildlife and Countryside Act 1981 section 25 or section 28E,

(z) Environment Act 1995 Part 4,

(aa) Dangerous Wild Animals Act 1976,

(ab) Prevention of Damage by Pests Act 1949,

(ac) Hedgerow Regulations 1997,

(ad) Planning (Listed Building and Conservation Areas) Act 1990 section 66 or section 72,

(ae) Ancient Monument and Archaeological Areas Act 1979 sections 12 and 13,

(af) National Parks and Access to the Countryside Act 1949,

(ag) Animal Welfare Act 2006 section 30,

(ah) Zoo Licensing Act 1981,

(ai) Marine and Coastal Access Act 2009 Part 6,

(aj) Flood and Water Management Act 2010 Schedule 3,

(ak) Working Time Regulations 1998 Regulation 28,

(al) Education Act 1996 section 15ZA,

(am) Food Safety Act 1990 Parts 1, 2 and 3,

(an) Freedom of Information Act 2000,

(ao) Housing Grants, Construction and Regeneration Act 1996 section 1,

(ap) Housing Act 1996 Part 7,

(aq) Homelessness Act 2002,

(ar) Housing Act 2004 Part 2,

(as) Local Government Act 1972 Part VA, section 99 or section 148,

(at) Local Government Act 2000 Part 3 section 21 or section 37,

(au) Children and Young Persons Act 1969 Part 1, or

(av) Adoption and Children Act 2002.”

15

Page 4, leave out lines 25 to 28 and insert—

“(a) all local authorities which may be affected by the order;

(b) persons or organisations representing local government, including organisations representing members of staff of local authorities who may be affected by the order; and

(c) such other persons that the Secretary of State considers appropriate.”

LORD GREAVES

LORD TOPE

16

Page 4, line 26, at end insert—

“( ) such persons who are representative of interests substantially affected by the proposal,”

17

Page 4, line 27, leave out “(if any)”

LORD WIGLEY

18

Page 4, line 30, leave out “consult the Welsh Ministers” and insert “receive the consent of the National Assembly for Wales for each order through a legislative consent motion”

LORD TOPE

LORD GREAVES

 

The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.

Clause 6

LORD GREAVES

LORD TOPE

19

Page 4, line 32, leave out “make provision” and insert “make an order”

20

Page 4, line 34, leave out “provision” and insert “an order”

21

Page 4, line 35, at end insert—

“( ) the intended objective of the provision could not be satisfactorily achieved other than by the provision;”

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

22

Page 4, line 35, at end insert—

“( ) the policy objective intended to be secured by the provision is necessary because it could not be satisfactorily secured other than by the provision proposed”

23

Page 4, line 35, at end insert—

“( ) the provision does not relate to any statutory measure having constitutional significance, including, but not limited to, the Human Rights Act 1998”

LORD GREAVES

LORD TOPE

24

Page 4, line 40, at end insert—

“( ) the provision does not remove or amend any trust or right of the public, or repeal or amend any statutory procedure (whenever passed or made) for the removal or amendment of that trust or right;”

25

Page 4, line 44, at end insert—

“( ) the provision does not relate to any statutory measure having constitutional significance including, but not limited to, the Human Rights Act 1998.”

LORD TOPE

LORD GREAVES

 

The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.

Clause 7

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

26

Page 5, line 27, leave out “negative,”

LORD TOPE

LORD GREAVES

 

The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.

Clause 8

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

27

Page 6, line 14, leave out subsection (2)

28

Page 6, line 16, at end insert—

“( ) An order made under this section is subject to approval by a resolution of both Houses of Parliament.”

Clause 9

BARONESS SMITH OF BASILDON

LORD MCKENZIE OF LUTON

LORD BEECHAM

29

Page 8, leave out lines 33 to 41

Clause 10

BARONESS SMITH OF BASILDON

LORD MCKENZIE OF LUTON

LORD BEECHAM

30

Page 17, line 12, leave out subsection (2)

31

Page 18, line 17, at end insert—

“( ) Section 18A(1) does not authorise charging for community safety and fire prevention work undertaken by a fire and rescue authority.”

After Clause 10

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

32

Insert the following new Clause—

“Integrated Transport Authorities and Passenger Transport Executives

(1) After section 98 of the Local Transport Act 2008, insert—

“CHAPTER 2A General powers

98A General powers of Integrated Transport Authority

(1) An Integrated Transport Authority (“ITA”) may do—

(a) anything it considers appropriate for the purposes of the carrying-out of any of its functions, or otherwise for the purpose of improving the effectiveness and efficiency of transport in, through, to or from any part of the integrated transport area (its “functional purposes”),

(b) anything it considers appropriate for purposes incidental to its functional purposes,

(c) anything it considers appropriate for purposes indirectly incidental to its functional purposes through any number of removes,

(d) anything it considers to be connected with—

(i) any of its functions, or

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

(e) for a commercial purpose or otherwise anything which it may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose and to do it anywhere in the United Kingdom or elsewhere.

(2) An ITA’s power under subsection (1) is in addition to, and is not limited by, the other powers of the ITA.

98B Boundaries of the general power

(1) Section 98A(1) does not enable an ITA to do—

(a) anything which the ITA is unable to do by virtue of a pre-commencement limitation, or

(b) anything which the ITA is unable to do by virtue of a post-commencement limitation which is expressed to apply—

(i) to its power under section 98A(1),

(ii) to all of the ITA’s powers, or

(iii) to all of the ITA’s powers but with exceptions that do not include its power under section 98A(1).

(2) If the exercise of a pre-commencement power of an ITA is subject to restrictions, those restrictions apply also to the exercise of the power conferred on the ITA by section 98A(1) so far as it is overlapped by the pre-commencement power.

(3) Where under section 98A(1) an ITA does things for a commercial purpose, it must do them through—

(a) a company within the meaning given by section 1(1) of the Companies Act 2006, or

(b) a society registered or deemed to be registered under the Cooperative and Community Benefit Societies and Credit Unions Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969.

(4) Section 98A(1) does not authorise an ITA to do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person.

(5) Section 98A(1) does not authorise an ITA to borrow money.

(6) In this section—

“post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

(a) is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or

(b) is contained in an instrument made under an Act and comes into force on or after the commencement of section 98A(1);

“pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

(a) is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

(b) is contained in an instrument made under an Act and comes into force before the commencement of section 98A(1);

“pre-commencement power” means power conferred by a statutory provision that—

(a) is contained in an Act passed no later than the end of the session in which the Localism Act 2011 is passed, or

(b) is contained in an instrument made under an Act and comes into force before the commencement of section 98A(1);

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

98C Power to make provision supplemental to section 98A

(1) If the Secretary of State thinks that a statutory provision (whenever passed or made) prevents or restricts ITAs from exercising power conferred by section 98A(1) the Secretary of State may by order amend, repeal, revoke or disapply that provision.

(2) If the Secretary of State thinks that the power conferred by section 98A(1) is overlapped (to any extent) by another power then, for the purpose of removing or reducing that overlap, the Secretary of State may by order amend, repeal, revoke or disapply any statutory provision (whenever passed or made).

(3) The Secretary of State may by order make provision preventing ITAs from doing under section 98A(1) anything which is specified, or is of a description specified, in the order.

(4) The Secretary of State may by order provide for the exercise by ITAs of power conferred by section 98A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

(5) The power under subsection (1), (2), (3) or (4) may be exercised in relation to—

(a) all ITAs,

(b) particular ITAs, or

(c) particular descriptions of ITAs.

(6) Before making an order under subsection (1), (2), (3) or (4), the Secretary of State must (whether before or after the passing of this Act) consult—

(a) such ITAs,

(b) such representatives of ITAs, and

(c) such other persons (if any),

as the Secretary of State considers appropriate.

98D Procedure for orders under section 98C

(1) If, as a result of any consultation required by section 98C(5) with respect to a proposed order under section 98C(1), it appears to the Secretary of State that it is appropriate to change the whole or any part of the Secretary of State’s proposals, the Secretary of State must (whether before or after the passing of this Act) undertake such further consultation with respect to the changes as the Secretary of State considers appropriate.

(2) If, after the conclusion of the consultation required by section 98C(5) and subsection (1), the Secretary of State considers it appropriate to proceed with the making of an order under section 98C(1) the Secretary of State must lay before Parliament—

(a) a draft of the order, and

(b) an explanatory document explaining the proposals and giving details of—

(i) any consultation undertaken under section 98C(5) and subsection (1),

(ii) any representatives received as a result of the consultation, and

(iii) the changes (if any) made as a result of those representations.

(3) Sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 (choosing between negative, affirmative and super-affirmative parliamentary procedure) are to apply in relation to an explanatory document and draft order laid under subsection (2) but as if—

(a) section 18(11) of that Act were omitted,

(b) references to section 14 of that Act were references to subsection (2), and

(c) references to the Minister were references to the Secretary of State.

(4) Provision under section 98C(2) may be included in a draft order laid under subsection (2) and, if it is, the explanatory document laid with the draft order must also explain the proposals under section 98C(2) and give details of any consultation undertaken under section 98C(5) with respect to those proposals.

(5) Section 98C(6) does not apply to an order under section 98C(3) or (4) which is made only for the purpose of amending an earlier such order—

(a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.

98E Limits on charging in exercise of general power

(1) Subsection (2) applies where—

(a) an ITA provides a service to a person other than for a commercial purpose, and

(b) its providing the service to the person is done, or could be done, in the exercise of the general power.

(2) The general power confers power to charge the person for providing the service to the person only if—

(a) the service is not one that a statutory provision requires the authority to provide to the person,

(b) the person has agreed to its being provided, and

(c) the authority does not have power to charge for providing the service.

(3) The general power is subject to a duty to secure that, taking one financial year with another, the income from charges allowed by subsection (2) does not exceed the costs of provision.

(4) The duty under subsection (3) applies separately in relation to each kind of service.”.

(2) Chapter 3 of Part 5 of the Local Transport Act 2008 is repealed.

(3) In section 9A of the Transport Act 1968, after subsection (2) insert—

“(2A) Chapter 2A of Part 5 of the Local Transport Act 2008 applies to the Executive of each integrated transport area as it applies to the Authority.

(2B) The powers exercisable by an Executive by virtue of subsection (2A) are exercisable by the Executive in its own capacity.”

(4) In section 1(4) of the Local Authorities (Goods and Services) Act 1970, after the words “and any joint authority established by Part IV of the Local Government Act 1985” insert “and any passenger transport executive established under section 9 of the Transport Act 1968”.”

Clause 11

LORD BEECHAM

33

Page 19, line 32, leave out “Part 1A” and insert “Parts 1A and 1B”

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 its meetings relating to matters specifically affecting people within the lower authority’s area within the lower tier authority’s area.”

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

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 BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

48

Page 200, leave out lines 9 to 12

LORD TOPE

LORD GREAVES

49

Page 200, leave out lines 25 and 26

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 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

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

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 the 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

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

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

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

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

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

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

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

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

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”

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”

Schedule 3

LORD TRUE

LORD HOWARD OF RISING

87A*

Page 240, leave out lines 10 to 41

87B*

Page 248, line 20, leave out “9HH,”

87C*

Page 249, line 21, leave out from beginning to end of line 6 on page 250

87D*

Page 253, leave out lines 20 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

Clause 17

BARONESS SCOTT OF NEEDHAM MARKET

LORD TOPE

LORD SHIPLEY

97

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

LORD SHIPLEY

LORD TOPE

98

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

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.”

102

Page 26, line 5, leave out “senior”

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

108A*

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

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.”

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.

Clause 33

BARONESS GREENGROSS

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.

Clause 35

BARONESS GREENGROSS

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

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 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 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”

Clause 43

LORD TRUE

EARL CATHCART

121

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

Clause 44

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”

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 LUCAS

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 it relates to a planning application being considered by the local authority.”

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 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”

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,”

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.”

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 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)

Clause 80

LORD HOWARD OF RISING

142

Page 65, line 9, leave out from “nominations,” to end of line 11

Clause 82

LORD HODGSON OF ASTLEY ABBOTTS

143

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

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)

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 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 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

153

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

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”

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

In the Town and Country Planning Act 1990, after section 75 insert—

“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

In the Town and County Planning Act 1990 after section 75 insert—

“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.”

Clause 128

LORD RIX

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

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”

Clause 135

LORD RIX

174

Page 130, line 46, at end insert—

“107F Exemptions from flexible tenancies

(1) People on DLA, ESA 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

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.”

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 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”

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.””

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).”

Schedule 25

LORD TRUE

LORD HOWARD OF RISING

187*

Page 405, leave out lines 8 and 9

Prepared 20th June 2011