(2) In subsection (5)(a), for “and with such international obligations” substitute “,
with the EU obligations of the United Kingdom and with such other
international obligations of the United Kingdom”.

(3) After subsection (9) insert—

“(9A) 5In exercising any function the Mayor must have regard to any strategy
mentioned in subsection (1) which is relevant to the exercise of that
function.”

(4) Subsection (10) ceases to have effect.

204 Simplification of the consultation process for the Mayor’s strategies

(1) 10Section 42A of the Greater London Authority Act 1999 (which requires the
Mayor to follow a two stage process in preparing or revising a strategy to
which section 42 applies) ceases to have effect.

(2) In section 335 of that Act (public participation in preparation of the spatial
development strategy)—

(a) 15subsections (1) to (1B) cease to have effect,

(b) in subsection (2), for the words from the beginning to “finally”
substitute “Before”, and

(c) in subsection (3), after paragraph (a) insert—

“(aa) the Assembly and the functional bodies;”.

205 20London Assembly’s power to reject draft strategies

Before section 43 of the Greater London Authority Act 1999 (publicity and
availability of strategies) insert—

“42B Assembly’s power to reject draft strategies

(1) This section applies where the Mayor has prepared, and is ready to
25publish, a draft of any of the strategies to which section 41 applies
(including a revised version of the strategy).

(2) But this section does not apply to a revised version of a strategy
containing only revisions which—

(a) are specified in a direction as to the contents of the strategy
30which is given to the Mayor under this Act (or which the Mayor
considers are necessary in consequence of any revisions so
specified); or

(b) are not so specified but the Mayor considers to be necessary to
comply with such a direction.

(3) 35Before publishing the strategy (or, in the case of the housing strategy,
before submitting the draft to the Secretary of State) the Mayor must lay
a copy of the draft before the Assembly in accordance with the standing
orders of the Authority.

(4) The Mayor must not publish the strategy (or, in the case of the housing
40strategy, submit the draft to the Secretary of State) if, within the period
of 21 days beginning with the day on which the copy is laid before the
Assembly, the Assembly resolves to reject the draft.

(5) A motion for the Assembly to reject a draft strategy—

(a) must be considered at a meeting of the Assembly throughout
which members of the public are entitled to be present; and

(b) is not carried unless it is agreed to by at least two thirds of the
Assembly members voting.”

206 5Transport for London: access to meetings and documents etc

(1) Part 5A of the Local Government Act 1972 (access to meetings and documents)
is amended as follows.

(2) Amend section 100J (application of Part 5A to bodies other than principal
councils) in accordance with subsections (3) to (6).

(3) 10In subsection (1) (list of authorities treated as principal councils for the
purposes of the Part) after paragraph (bd) insert—

“(be) Transport for London;”.

(4) In subsection (3) (reference in section 100A(6)(a) to council’s offices includes
other premises at which meeting to be held) after “(bd),” insert “(be),”.

(5) 15After subsection (3) insert—

“(3YA) In its application by virtue of subsection (1)(be) above in relation to
Transport for London, section 100E(3) has effect as if for paragraph (bb)
there were substituted—

“(bb) a committee of Transport for London (with
20“committee”, in relation to Transport for London, here
having the same meaning as in Schedule 10 to the
Greater London Authority Act 1999); or””.

(6) After subsection (4A) insert—

“(4AA) In its application by virtue of subsection (1)(be) above in relation to
25Transport for London, section 100G shall have effect—

(a) with the substitution for subsection (1)(a) and (b) of—

“(a) the name of every member of the council for the time
being; and

(b) the name of every member of each committee or sub-
30committee of the council for the time being.”, and

(b) with the insertion in subsection (2)(b) after “exercisable” of
“, but not an officer by whom such a power is exercisable at least
partly as a result of sub-delegation by any officer”.”

(7) In section 100K(1) (interpretation of Part 5A) in the definition of “committee or
35sub-committee of a principal council” for “section 100J(3ZA)(b)” substitute
“section 100J(3YA), (3ZA)(b)”.

Part 8 General

207 Tax

40Schedule 24 (provision about tax in connection with certain transfers and
transfer schemes) has effect.

208 Pre-commencement consultation

(1) Subsections (2) and (3) apply for the purpose of determining whether there has
been compliance with—

(a) a requirement for consultation imposed by this Act,

(b) 5a requirement for consultation which applies in relation to things done
under an Act amended by this Act, or

(c) a requirement (whether or not imposed by this Act) to do something in
connection with a consultation under a requirement within paragraph
(a) or (b).

(2) 10The fact that a provision of this Act was not in force when consultation took
place or anything was done in connection with a consultation is to be
disregarded in determining whether there has been compliance with the
requirement.

(3) The fact that consultation was carried out by a body from whom functions are
15transferred by this Act, or anything was done by such a body in connection
with a consultation, is to be disregarded in determining whether there has been
compliance with the requirement by a body to whom those functions are
transferred.

(4) Subsection (3) is without prejudice to any other provision of this Act that
20applies to the transfer.

(5) References in this section to a requirement imposed by this Act include a
requirement imposed by another Act as a result of its amendment by this Act.

209 Orders and regulations

(1) Any power of the Secretary of State, the Treasury or the Welsh Ministers to
25make an order or regulations under this Act is exercisable by statutory
instrument.

(2) Any power of the Secretary of State, the Treasury or the Welsh Ministers to
make an order or regulations under this Act includes—

(a) power to make different provision for different cases, circumstances or
30areas, and

(b) power to make incidental, supplementary, consequential, transitional
or transitory provision or savings.

(3) The power under subsection (2)(a) includes, in particular, power to make
different provision for different authorities or descriptions of authority
35(including descriptions framed by reference to authorities in particular areas).

(4) Provision or savings made under subsection (2)(b) may take the form of
amendments, or revocations, of provisions of an instrument made under
legislation.

(5) The generality of the power under subsection (2)(a) is not to be taken to be
40prejudiced by any specific provision of this Act authorising differential
provision.

(6) The Secretary of State may not make an order or regulations to which
subsection (7) applies unless a draft of the statutory instrument containing the
order or regulations (whether alone or with other provisions) has been laid
45before, and approved by a resolution of, each House of Parliament.

(7) This subsection applies to—

(a) an order under section 5(3), other than one that is made only for the
purpose mentioned in section 7(5);

(b) an order under section 5(4), other than one that is made only for that
5purpose or for imposing conditions on the doing of things for a
commercial purpose;

(c) regulations under section 56 or 68(9);

(d) an order under section 74(4) or 83(7);

(e) regulations under section 87;

(f) 10an order under section 91(2) or 92(6);

(g) an order or regulations under section 210 which amend or repeal a
provision of an Act otherwise than in consequence of provision made
by or under section 102.

(8) The Secretary of State may not make—

(a) 15regulations under section 102, or

(b) an order or regulations under section 210 which amend or repeal a
provision of an Act in consequence of provision made by or under
section 102,

unless a draft of the statutory instrument containing the regulations or order
20has been laid before, and approved by a resolution of, the House of Commons.

(9) A statutory instrument that—

(a) contains an order or regulations made by the Secretary of State under
this Act,

(b) is not subject to any requirement that a draft of the instrument be laid
25before, and approved by a resolution of, each House of Parliament, and

(c) is not subject to any requirement that a draft of the instrument be laid
before, and approved by a resolution of, the House of Commons,

is subject to annulment in pursuance of a resolution of either House of
Parliament.

(10) 30Subsection (9) does not apply to—

(a) an order under section 5(1) (but see section 7),

(b) an order under section 5(2) which (in reliance on section 7(4)) is made
in accordance with sections 15 to 19 of the Legislative and Regulatory
Reform Act 2006 as applied by section 7(3), or

(c) 35an order under section 214.

(11) A statutory instrument that contains an order or regulations made by the
Treasury under Schedule 24 is subject to annulment in pursuance of a
resolution of the House of Commons.

(12) The Welsh Ministers may not make—

(a) 40an order or regulations under section 210 which amend or repeal a
provision of legislation,

(b) an order under section 74(4) or 83(7),

(c) regulations under section 87, or

(d) an order under section 91(4) or 92(6),

45unless a draft of the statutory instrument containing the order or regulations
(whether alone or with other provisions) has been laid before, and approved
by a resolution of, the National Assembly for Wales.

(13) A statutory instrument that—

(a) contains an order or regulations made by the Welsh Ministers under
this Act, and

(b) is not subject to any requirement that a draft of the instrument be laid
5before, and approved by a resolution of, the National Assembly for
Wales,

is subject to annulment in pursuance of a resolution of the National Assembly
for Wales.

(14) In this section “legislation” means—

(a) 10an Act, or

(b) a Measure or Act of the National Assembly for Wales.

210 Power to make further consequential amendments

(1) The appropriate authority may by order or regulations make such provision
amending, repealing or revoking legislation as the appropriate authority
15considers appropriate in consequence of any provision made by or under this
Act.

(2) In subsection (1) “appropriate authority”—

(a) in relation to sections 9, 10, 14, 28, 29, 38, 39, 74 to 93, 129 and 130, and
Parts 2, 5, 6, 8, 9 and 21 of Schedule 25 and section 211 so far as relating
20to those Parts, means—

(i) the Secretary of State in relation to England, and

(ii) the Welsh Ministers in relation to Wales,

(b) in relation to section 67 means the Welsh Ministers, and

(c) in relation to any other provision made by or under this Act means the
25Secretary of State.

(3) In subsection (1) “legislation”, in relation to any provision made by or under
this Act, means—

(a) this Act or any Act passed before, or in the same Session as, this Act, or

(b) any instrument made under this or any other Act before the coming
30into force of the provision.

(4) In subsection (3) “Act” (except in the phrase “this Act”) includes an Act or
Measure of the National Assembly for Wales.

211 Repeals and revocations

Schedule 25 (repeals and revocations) has effect.

212 35Financial provisions

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State under this Act, and

(b) any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

213 40Extent

(1) This Act extends to England and Wales only, subject as follows.

(2) The following provisions extend also to Scotland—

(a) section 112(1) and (3) to (6),

(b) section 207 and Schedule 24,

(c) section 210(1), and

(d) 5sections 209, 210(2) to (4) and 212, this section and sections 214 and 215.

(3) Section 113 extends also to Scotland, but only so far as required for the purpose
mentioned in section 240(4) of the Planning Act 2008 (construction of certain
cross-border pipelines).

(4) Sections 207, 209, 210 and 212, this section and sections 214 and 215, and
10Schedule 24, extend also to Northern Ireland.

(5) Any amendment, repeal or revocation made by this Act has the same extent as
the provision to which it relates.

214 Commencement

(1) The following provisions come into force at the end of 2 months beginning
15with the day on which this Act is passed—

(a) section 14,

(b) Chapter 6 of Part 1 so far as relating to England,

(c) section 28,

(d) section 30,

(e) 20section 41,

(f) section 67,

(g) sections 96 to 98,

(h) section 100,

(i) section 124,

(j) 25section 155,

(k) section 161 and Schedule 18,

(l) Chapter 2 of Part 7, except section 173(3)(e) and (f) and (5), and

(m) Parts 5, 7, 13, 16, 28 and 31 of Schedule 25, and section 211 so far as
relating to those Parts.

(2) 30Subject to subsections (1) and (3) to (6), provisions of this Act come into force
on such day as the Secretary of State may by order appoint.

(3) The following provisions so far as relating to Wales come into force on such
day as the Welsh Ministers may by order appoint—

(a) Chapter 6 of Part 1,

(b) 35section 29,

(c) section 38,

(d) section 39,

(e) Chapter 4 of Part 4 except so far as it is brought into force by subsection
(5)(g) and (h),

(f) 40sections 129 and 130, and

(g) Parts 6, 8, 9 and 21 of Schedule 25, and section 211 so far as relating to
those Parts.

(4) The following provisions come into force on such day as the Welsh Ministers
may by order appoint—

(a) 45section 9(1) so far as it inserts—

(i) new sections 5A and 5B so far as relating to fire and rescue
authorities in Wales,

(ii) new sections 5C and 5D so far as relating to power of the Welsh
Ministers to make orders, and

(iii) 5new sections 5F to 5L,

(b) section 9(2) so far as relating to fire and rescue authorities in Wales,

(c) section 9(3), (6) and (7)(a) and (c),

(d) section 9(7)(b) so far as it inserts new section 62(1A)(a) and (d),

(e) section 9(7)(b) so far as it inserts new section 62(1A)(b) so far as relating
10to power of the Welsh Ministers to make orders,

(f) section 10(1) to (3) and (5) so far as relating to fire and rescue authorities
in Wales,

(g) section 10(4),

(h) the following so far as relating to fire and rescue authorities in Wales—

(i) 15in Part 2 of Schedule 25, the entries for sections 5 and 19 of the
Fire and Rescue Services Act 2004, and

(ii) section 211 so far as relating to those entries, and

(i) in Part 2 of Schedule 25, the entry for section 62(3) of the Fire and
Rescue Services Act 2004, and section 211 so far as relating to that entry.

(5) 20The following provisions come into force on the day on which this Act is
passed—

(a) section 13,

(b) paragraphs 56 and 57 of Schedule 4, and section 15 so far as relating to
those paragraphs,

(c) 25section 18,

(d) section 21,

(e) Chapter 3 of Part 4 so far as it confers power on the Secretary of State to
make regulations,

(f) section 73,

(g) 30Chapter 4 of Part 4 so far as it confers power on the Secretary of State,
or the Welsh Ministers, to make regulations or orders,

(h) sections 88 and 89,

(i) section 94(1)(b) and (2),

(j) section 95,

(k) 35sections 101 and 106 and Schedules 9 to 12 so far as those sections or
Schedules confer power on the Secretary of State to make regulations or
publish documents setting standards,

(l) sections 102 to 105,

(m) the provisions inserted by section 107 so far as they require or authorise
40the making of provision in a development order,

(n) section 125,

(o) sections 146 to 153,

(p) section 207 and Schedule 24 so far as they confer power on the Treasury
to make regulations or orders,

(q) 45sections 208, 209, 210, 212, 213, this section and section 215, and

(r) Part 14 of Schedule 25, and section 211 so far as relating to that Part.

(6) Section 99 comes into force on the day after the day on which this Act is passed.

(7) An order under subsection (2), (3) or (4) may—

(a) appoint different days for different purposes;

(b) make such transitory or transitional provision, or savings, as the person
making the order considers appropriate.

(8) The appropriate authority may by order make such transitory or transitional
5provision, or savings, as the appropriate authority considers appropriate in
connection with the coming into force of any provision of this Act mentioned
in subsection (1), (5) or (6).

(9) In subsection (8) “appropriate authority”—

(a) in relation to sections 14 and 28, and Part 5 of Schedule 25 and section
10211 so far as relating to that Part, means—

(i) the Secretary of State in relation to England, and

(ii) the Welsh Ministers in relation to Wales,

(b) in relation to sections 67 and 89, and Chapter 4 of Part 4 so far as it
confers power on the Welsh Ministers to make regulations or orders,
15means the Welsh Ministers, and

(c) in relation to any other provision mentioned in subsection (1), (5) or (6)
means the Secretary of State.

215 Short title

This Act may be cited as the Localism Act 2011.

SCHEDULES

Section 1

SCHEDULE 1 General power of competence: consequential amendments

Local Government Act 1972 (c. 70)Local Government Act 1972 (c. 70)

1 5In section 137(9)(a) (“local authority” means a parish council which is not an
eligible parish council for the purposes of Part 1 of the Local Government
Act 2000) for “Part 1 of the Local Government Act 2000” substitute “Chapter
1 of Part 1 of the Localism Act 2011 (general power of competence)”.

Local Government Act 2000 (c. 22)Local Government Act 2000 (c. 22)

2 10The Local Government Act 2000 is amended as follows.

3 In section 2(1) (power to promote well-being) after “Every local authority”
insert “in Wales”.

4 In section 3(3) to (6) (limits on power of well-being) for “Secretary of State”
substitute “Welsh Ministers”.

Section 11

15SCHEDULE 2 New arrangements with respect to governance of English local authorities

Part 1 New Part 1A of the Local Government Act 2000

1 After Part 1 of the Local Government Act 2000 insert—

20“ Part 1A Arrangements with respect to local authority governance in
England

CHAPTER 1 Permitted forms of governance

9B Permitted forms of governance for local authorities in England

(1) 25A local authority must operate—

(a) executive arrangements,

(b) a committee system, or

(c) prescribed arrangements.

(2) Executive arrangements must conform with any provisions made by
or under this Part which relate to such arrangements (see, in
5particular, Chapter 2).

(3) A committee system must conform with any provisions made by or
under this Part which relate to such a system (see, in particular,
Chapter 3).

(4) In this Part—

• 10“a committee system” means the arrangements made by a local
  authority, which does not operate executive arrangements or
  prescribed arrangements, for or in connection with the
  discharge of its functions in accordance with—

  (a)

  Part 6 of the Local Government Act 1972, and

  (b)

  15this Part;

• “executive arrangements” means arrangements by a local
  authority—

  (a)

  for and in connection with the creation and operation
  of an executive of the authority, and

  (b)

  20under which certain functions of the authority are the
  responsibility of the executive;

• “prescribed arrangements” means such arrangements as may
  be prescribed in regulations made by the Secretary of State
  under section 9BA.

9BA 25Power of Secretary of State to prescribe additional permitted
governance arrangements

(1) The Secretary of State may by regulations make provision
prescribing arrangements that local authorities may operate for and
in connection with the discharge of their functions.

(2) 30In particular, the regulations—

(a) must include provision about how, and by whom, the
functions of a local authority are to be discharged, and

(b) may include provision enabling functions to be delegated.

(3) Regulations under this section may, in particular, include provision
35which applies or reproduces (with or without modifications) any
provisions of, or any provision made under, Chapters 2 to 4 of this
Part.

(4) In considering whether or how to exercise the power in this section,
the Secretary of State must have regard to any proposals made under
40subsection (5).

(5) A local 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 the
conditions in subsection (6) are met.

(6) 45The conditions are—

(a) that the operation by the authority of the proposed
arrangements would be an improvement on the