Session 2010-12
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Localism Bill
AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Second Marshalled List]
Schedule 2
LORD BEECHAM
LORD MCKENZIE OF LUTON
LORD PATEL OF BRADFORD
81B*
Page 228, line 19, leave out from beginning to end of line 38 on page 229 and insert—
“( ) An order made under section 9N may only be made in respect of the following authorities—
(a) Newcastle;
(b) Manchester;
(c) Leeds;
(d) Liverpool;
(e) Wakefield;
(f) Sheffield
(g) Birmingham;
(h) Bristol;
(i) Coventry;
(j) Nottingham; and
(k) Bradford.”
After Clause 14
LORD MCKENZIE OF LUTON
LORD BEECHAM
LORD PATEL OF BRADFORD
96ZA*
Insert the following new Clause—
“Review and report on section 14
(1) The Secretary of State must—
(a) review the impact of section 14 on decision-making by local authorities;
(b) publish a report with the outcome of that review and any proposed changes; and
(c) lay a copy of that report in Parliament;
within three years after the commencement of section 14.”
Clause 18
LORD GREAVES
LORD TOPE
98HA*
Page 23, line 42, leave out “financial and other”
Clause 36
LORD MCKENZIE OF LUTON
LORD BEECHAM
LORD PATEL OF BRADFORD
117ZA*
Page 33, line 17, after “(2)” insert “and designated under subsection (2A)”
117ZB*
Page 33, line 26, at end insert—
“(2A) The Secretary of State may by order designate a local authority or local authorities for the purposes of this Part.”
Clause 40
LORD MCKENZIE OF LUTON
LORD BEECHAM
LORD PATEL OF BRADFORD
118D*
Page 36, line 26, at end insert—
“( ) A billing authority in England must promote the opportunities provided by small business rate relief.”
Clause 46
LORD JENKIN OF RODING
126ZA*
Page 40, line 3, at end insert—
“(6) Before determining whether it is appropriate to hold a local referendum under subsection (2), the principal local authority must notify—
(a) any person who is named in the petition or request,
(b) any person who is the owner or occupier of any land to which the petition or request relates, and
(c) any other person who the authority considers have an interest which is likely to be affected by any steps that the authority may take to give effect to the result of the referendum.”
Clause 48
LORD JENKIN OF RODING
128EA*
Page 40, line 42, after “organiser” insert “and any person notified under section 46(6)”
Clause 55
LORD JENKIN OF RODING
129CA*
Page 44, line 9, at end insert—
“(3A) Before deciding what steps (if any) the authority proposes to take to give effect to the result, the authority must consult—
(a) any person who is named in the question asked in the referendum,
(b) any person who is the owner or occupier of any land to which the question asked in the referendum relates,
(c) any other person who the authority considers have an interest which is likely to be affected by any steps that the authority is considering to take.
(3B) The authority must have regard to the response of any person consulted under subsection (3A) when deciding what steps (if any) to take to give effect to the result.”
Schedule 5
BARONESS HANHAM
129LA*
Page 266, line 45, leave out from “Acts” to end of line 2 on page 267
129LB*
Page 271, line 33, leave out from “Acts” to end of line 37
Schedule 9
BARONESS HANHAM
148ZA*
Page 304, line 37, leave out from “if” to “have” in line 1 on page 305 and insert “in each applicable referendum under that Schedule more than half of those voting”
148ZB*
Page 305, leave out lines 5 and 6 and insert—
“(5) If—
(a) there are two applicable referendums under that Schedule (because the order relates to a neighbourhood area designated as a business area under section 61GA), and
(b) in one of those referendums (but not the other) more than half of those voting have voted in favour of the order,
the authority may (but need not) make a neighbourhood development order to which the proposal relates.”
148AA*
Page 307, leave out line 24
148AB*
Page 307, line 31, at end insert—
“(8A) A local planning authority may withdraw an organisation or body’s designation as a neighbourhood forum if they consider that the organisation or body is no longer meeting—
(a) the conditions by reference to which it was designated, or
(b) any other criteria to which the authority were required to have regard in making the designation;
and, where an organisation or body’s designation is withdrawn, the authority must give reasons to the organisation or body.”
148AC*
Page 307, line 45, after “designations” insert “(or withdrawals of designations)”
148AD*
Page 308, line 6, at end insert—
“(ba) suspending the operation of any duty of a local planning authority under paragraph 6 or 7 of Schedule 4B in cases where they are considering the withdrawal of the designation of an organisation or body as a neighbourhood forum,”
148AE*
Page 309, line 34, at end insert—
“61GA Neighbourhood areas designated as business areas
(1) Whenever a local planning authority exercise their powers under section 61G to designate an area as a neighbourhood area, they must consider whether they should designate the area concerned as a business area.
(2) The reference here to the designation of an area as a neighbourhood area includes the modification under section 61G(6) of a designation already made.
(3) The power of a local planning authority to designate a neighbourhood area as a business area is exercisable by the authority only if, having regard to such matters as may be prescribed, they consider that the area is wholly or predominantly business in nature.
(4) The map published by a local planning authority under section 61G(8) must state which neighbourhood areas (if any) are for the time being designated as business areas.”
148AF*
Page 309, line 43, leave out “and 61G” and insert “to 61GA”
149B*
Page 313, line 16, after “14” insert “or 14A”
149C*
Page 313, line 26, leave out “section 61F or 61G” and insert “any of sections 61F to 61GA”
149D*
Page 313, line 32, leave out “section 61F or 61G” and insert “any of sections 61F to 61GA”
150A*
Page 314, line 44, leave out from “if” to “have” in line 1 on page 315 and insert “in each applicable referendum under that Schedule (as so applied) more than half of those voting”
150B*
Page 315, leave out lines 5 and 6 and insert—
“(5) If—
(a) there are two applicable referendums under that Schedule as so applied (because the plan relates to a neighbourhood area designated as a business area under section 61GA of the principal Act), and
(b) in one of those referendums (but not the other) more than half of those voting have voted in favour of the plan,
the authority may (but need not) make a neighbourhood development plan to which the proposal relates.”
Schedule 10
BARONESS HANHAM
152B*
Page 318, line 26, at end insert—
“(2) If—
(a) a proposal by a qualifying body is made by an organisation or body designated as a neighbourhood forum, and
(b) the designation is withdrawn at any time before the proposal is submitted for independent examination under paragraph 7,
the proposal is to be treated as withdrawn by the qualifying body at that time.
(3) If the withdrawal of the designation occurs after the proposal is submitted for independent examination under that paragraph, the withdrawal is not to affect the validity of the proposal.”
153AA*
Page 324, line 27, after “14” insert “, and (if applicable) an additional referendum in accordance with paragraph 14A,”
153AB*
Page 324, line 30, after “referendum” insert “(or referendums)”
153AC*
Page 325, line 1, after “referendum” insert “(or referendums)”
153AD*
Page 325, line 5, after “referendum” insert “(or referendums)”
153AE*
Page 325, line 8, at end insert “(or referendums)”
153AF*
Page 326, line 29, at end insert—
“14A (1) The additional referendum mentioned in paragraph 12(4) must be held on the making of a neighbourhood development order if the draft order relates to a neighbourhood area that has been designated as a business area under section 61GA.
(2) Sub-paragraph (2) of paragraph 14 is to apply in relation to the additional referendum as it applies in relation to a referendum under that paragraph.
(3) A person is entitled to vote in the additional referendum if on the prescribed date—
(a) the person is a non-domestic ratepayer in the referendum area, or
(b) the person meets such other conditions as may be prescribed.
(4) “Non-domestic ratepayer” has the same meaning as in Part 4 of the Local Government Act 2003 (see section 59(1)).
(5) Regulations may make provision for excluding a person’s entitlement to vote in the additional referendum.”
153AG*
Page 326, line 31, at end insert “or 14A”
153AH*
Page 327, line 10, after “14” insert “or 14A”
Schedule 11
BARONESS HANHAM
153AJ*
Page 331, line 8, after “by” insert “sub-paragraphs (2) to (5) of”
153AK*
Page 331, line 29, at end insert—
“(5A) In consequence of the provision made by sub-paragraphs (2) to (5) of this paragraph—
(a) paragraph 12(7) to (9) of Schedule 4B have effect as if the words “(or referendums)” were omitted, and
(b) that Schedule has effect as if paragraph 14A (and references to that paragraph) were omitted.”
Schedule 12
BARONESS HANHAM
153AL*
Page 336, line 19, leave out “section 61F or 61G” and insert “any of sections 61F to 61GA”
Clause 209
LORD MCKENZIE OF LUTON
LORD BEECHAM
LORD PATEL OF BRADFORD
186C*
Page 183, line 6, at end insert—
“( ) an order under section 36(2A) or (3);”