Localism Bill (HL Bill 71)

Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

14 In section 5 of the Crime and Disorder Act 1998 (authorities responsible for
crime and disorder strategies etc) in subsection (1D) in paragraph (d) of the
definition of “the relevant provisions” after “section” insert “9F, 9FA or”.

5Local Government Act 2000 (c. 22)Local Government Act 2000 (c. 22)

15 The Local Government Act 2000 is amended as follows.

16 In the heading of Part 2 (arrangements with respect to executives etc) for
“Arrangements” substitute “Local authorities in Wales:
arrangements”.

17 10In section 10 (executive arrangements) after “local authority” (in both places)
insert “in Wales”.

18 (1) Section 11 (forms of local authority executives) is amended as follows.

(2) In subsection (2) for “In the case of any local authority in England or Wales,
the” substitute “The”.

(3) 15Omit subsection (2A).

(4) In subsection (3) for “In the case of any local authority in Wales, the”
substitute “The”.

(5) In subsection (5)—

(a) for “In the case of a local authority in England or Wales, the”
20substitute “The”, and

(b) for “Secretary of State” substitute “Welsh Ministers”.

(6) In subsection (8) after “leader and cabinet executive” insert “(Wales)”.

(7) In subsection (9)—

(a) for “Secretary of State” substitute “Welsh Ministers”, and

(b) 25omit “in relation to Wales”.

(8) Omit subsection (9A).

(9) In subsection (10) omit “(2A)(a) or”.

19 (1) Section 12 (additional forms of executive) is amended as follows.

(2) In subsection (1)—

(a) 30for “Secretary of State” substitute “Welsh Ministers”,

(b) in paragraph (a) for “him” substitute “them”, and

(c) in paragraphs (b) and (d) for “he considers” substitute “they
consider”.

(3) In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.

(4) 35In subsection (3)(a) for “Secretary of State” substitute “Welsh Ministers”.

20 (1) Section 13 (functions which are the responsibility of an executive) is
amended as follows.

(2) In subsection (3) for “Secretary of State” substitute “Welsh Ministers”.

(3) In subsection (6) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (9)(b) omit the words from “or section 236” to “England)”.

(5) In subsection (12) for “Secretary of State” substitute “Welsh Ministers”.

21 (1) Section 14 (discharge of functions: general) is amended as follows.

(2) In the heading for “general” substitute “mayor and cabinet executive”.

(3) 5In subsection (1) for the words from “of” to the end substitute “of a mayor
and cabinet executive are to be discharged in accordance with this section”.

(4) In subsections (2) to (5) for “senior executive member” (in each place that it
appears) substitute “elected mayor”.

(5) In subsection (6)—

(a) 10for “a senior executive member” substitute “an elected mayor”, and

(b) for “the senior executive member” substitute “the elected mayor”.

(6) Omit subsection (7).

22 In section 17 (discharge of functions: section 11(5) executive) in subsection
(1) for “Secretary of State” substitute “Welsh Ministers”.

23 (1) 15Section 18 (discharge of functions by area committees) is amended as
follows.

(2) In subsection (1) for “Secretary of State” substitute “Welsh Ministers”.

(3) In subsection (3) in the definition of “area committee” for the words from
“means—” to “in Wales,” substitute “means”.

(4) 20Omit subsections (4) and (5).

(5) In subsection (6) omit “in Wales”.

24 (1) Section 19 (discharge of functions of and by another local authority) is
amended as follows.

(2) In subsection (1)—

(a) 25for “Secretary of State” substitute “Welsh Ministers”,

(b) omit the words “(within the meaning of this Part)” in the first place
they appear,

(c) for paragraph (a) substitute—

“(a) by a relevant authority (other than the local
30authority), or”, and

(d) in paragraph (b) for “an executive of another local authority (within
the meaning of this Part)” substitute “a relevant executive (other than
an executive of the local authority)”.

(3) In subsection (2)—

(a) 35for “Secretary of State” substitute “Welsh Ministers”, and

(b) for “local authority (within the meaning of section 101 of that Act)”
substitute “relevant authority in Wales”, and

(c) for “an executive of another local authority (within the meaning of
this Part)” substitute “a relevant executive (other than an executive
40of the relevant authority)”.

(4) In subsection (3) for “local authority” substitute “relevant authority in
Wales”.

(5) In subsection (4)—

(a) in paragraph (a)—

(i) for “an executive of a local authority” substitute “a relevant
executive”, and

(ii) 5after “the authority” insert “of which the executive is part”,

(b) in paragraph (b) for “local authority” substitute “relevant authority”,
and

(c) in paragraph (c) for “an executive of a local authority” substitute “a
relevant executive”.

(6) 10In subsection (8) for ““specified”” substitute “—

• relevant authority” means a local authority within the
  meaning of section 101 of the Local Government Act 1972;

• “relevant executive” means an executive of a local authority
  under either this Part or Part 1A;

• 15“specified””.

25 In section 20 (joint exercise of functions) in subsection (1) for “Secretary of
State” substitute “Welsh Ministers”.

26 (1) Section 21 (overview and scrutiny committees) is amended as follows.

(2) In subsection (2)(f)—

(a) 20omit “section 244 of the National Health Service Act 2006 or”,

(b) for “either of those sections” substitute “that section”, and

(c) for “the Act concerned, and as extended by the section concerned”
substitute “that Act, as extended by that section”.

(3) In subsection (2ZA) omit “in Wales”.

(4) 25In subsection (2A)—

(a) omit paragraphs (a) and (b), and

(b) in paragraph (e) for the words from “committee—” to “a joint
overview and scrutiny committee” substitute “committee”.

(5) In subsection (4)—

(a) 30for “21A to 21C” substitute “21A and 21B”, and

(b) omit the words from “or any functions” to the end.

(6) In subsection (10)—

(a) for “paragraphs 7 to” substitute “paragraph 8 or”, and

(b) omit “, unless permitted to do so under paragraph 12 of that
35Schedule”.

(7) In subsection (10A) omit “in Wales”.

(8) In subsection (13)—

(a) in paragraph (aa) omit the words from “by virtue of” to “England)
or”, and

(b) 40in paragraph (c) omit the words from the beginning to “in Wales”.

(9) In subsection (16)—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “in Wales”.

27 Omit section 21ZA (scrutiny officers).

28 (1) Section 21A (reference of matters to overview and scrutiny committees) is
amended as follows.

(2) In subsection (3) omit the words from “(in the case of a local authority in
England” to “Wales)”.

(3) 5In subsection (6)(a) omit the words from “section 236” to “2007 or”.

(4) Omit subsections (10) and (11).

(5) In subsection (12) omit “in Wales”.

29 Omit section 21C (reports and recommendations of overview and scrutiny
committees: duties of certain partner authorities).

30 (1) 10Section 21D (publication etc of reports, recommendations and responses:
confidential and exempt information) is amended as follows.

(2) In subsection (1)(b) omit sub-paragraph (ii).

(3) In subsection (2) omit “or providing a copy of the document to a relevant
partner authority”.

(4) 15In subsection (6)—

(a) in the definition of “exempt information”—

(i) omit “section 246 of the National Health Service Act 2006 or”,
and

(ii) at the end insert “and”, and

(b) 20omit the definition of “relevant partner authority”.

31 Omit section 21E (overview and scrutiny committees of certain district
councils: functions with respect to partner authorities).

32 (1) Section 21F (as inserted by the Local Government (Wales) Measure 2011
(nawm 4)) (Wales: notifying designated body of report or
25recommendations) is amended as follows.

(2) In the title for “Wales: notifying” substitute “Notifying”.

(3) In subsection (1) omit “in Wales”.

33 Omit section 21F (as inserted by the Flood and Water Management Act 2010)
(overview and scrutiny committees: flood risk management).

34 30In the title of section 21G (Wales: designated persons) for “Wales:
designated” substitute “Designated”.

35 (1) Section 22 (access to information) is amended as follows.

(2) In subsections (6), (8) to (10), (12) and (13) for “Secretary of State” substitute
“Welsh Ministers”.

(3) 35In subsection (12A)—

(a) for the words from “Secretary” to “Wales),” substitute “Welsh
Ministers”, and

(b) in paragraph (a) omit the words from “, or under” to “section 21B,”.

36 Omit section 22A (overview and scrutiny committees of certain authorities
40in England: provision of information etc by certain partner authorities).

37 In section 25 (proposals) in subsections (1)(b), (5), (6)(a), (7) and (8) for
“Secretary of State” substitute “Welsh Ministers”.

38 (1) Section 27 (referendum in case of proposals involving elected mayor) is
amended as follows.

(2) 5In subsections (1)(b), (5), (6), (8)(c), (9) and (10) for “Secretary of State”
substitute “Welsh Ministers”.

(3) In subsection (5) for “him” substitute “them”.

39 (1) Section 28 (approval of outline fall-back proposals) is amended as follows.

(2) In subsections (1) and (2) for “Secretary of State” substitute “Welsh
10Ministers”.

(3) In subsection (3) for “Secretary of State approves” substitute “Welsh
Ministers approve”.

40 Omit section 31 (alternative arrangements).

41 Omit section 32 (alternative arrangements).

42 (1) 15Section 33ZA (Wales: changing governance arrangements) is amended as
follows.

(2) In the heading for “Wales: changing” substitute “Changing”.

(3) Omit “in Wales,”.

43 Omit section 33A (executive arrangements).

44 20Omit section 33B (executive arrangements: other variations of
arrangements).

45 Omit section 33C (alternative arrangements: move to executive
arrangements).

46 Omit section 33D (alternative arrangements: variation of arrangements).

47 25Omit section 33E (proposals by local authority).

48 Omit section 33F (resolution of local authority).

49 Omit section 33G (implementation: new executive or move to executive
arrangements).

50 Omit section 33H (implementation: other change in governance
30arrangements).

51 Omit section 33I (general).

52 Omit section 33J (new form of executive or move to executive: general
requirements) and the italic heading immediately before it (further
requirements for certain changes).

53 35Omit section 33K (changes subject to approval in referendum: additional
requirements).

54 Omit section 33L (change not subject to approval in a referendum:
additional requirements).

55 Omit section 33M (cases in which change is subject to approval in
referendum).

56 Omit section 33N (variation of mayoral executive).

57 Omit section 33O (interpretation) and the italic heading immediately before
5it (miscellaneous).

58 (1) Section 34 (referendum following petition) is amended as follows.

(2) In subsections (1) and (2)(k) for “Secretary of State” substitute “Welsh
Ministers”.

(3) In subsection (1A) for the words from “means—” to “Wales,” substitute
10“means”.

(4) In subsection (3) omit “or of any of sections 33A to 33O”.

59 (1) Section 35 (referendum following direction) is amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State” substitute “Welsh Ministers”, and

(b) 15for “him” substitute “them”.

(3) In subsection (2)(d) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (3) omit “or of any of sections 33A to 33O”.

60 (1) Section 36 (referendum following order) is amended as follows.

(2) In subsections (1) and (2)(d) for “Secretary of State” substitute “Welsh
20Ministers”.

(3) In subsection (3) omit “or of any of sections 33A to 33O”.

61 In section 37 (local authority constitution) in subsection (1)(a) for “Secretary
of State” substitute “Welsh Ministers”.

62 In section 38 (guidance) in subsection (1) for “Secretary of State” substitute
25“Welsh Ministers”.

63 (1) Section 39 (elected mayors etc) is amended as follows.

(2) Omit subsection (2).

(3) In subsection (3) omit “in Wales”.

(4) In subsection (5B)(a) for “Secretary of State” substitute “Welsh Ministers”.

(5) 30In subsection (5C) for the words from the beginning to “1972 are” substitute
“Section 21(1A) of the Local Government Act 1972 is”.

(6) After subsection (5C) insert—

“(5D) A statutory instrument containing regulations made under
subsection (5B)(a) is subject to annulment in pursuance of a
35resolution of the National Assembly for Wales.”

(7) Omit subsection (6).

64 In section 41 (time of elections etc) for “Secretary of State” substitute “Welsh
Ministers”.

65 Omit section 44A (election of leader: whole-council elections) and the italic
heading immediately before it (leader and cabinet executives (England)).

66 Omit section 44B (election of leader: partial-council elections).

67 Omit section 44C (removal of leader).

68 5Omit section 44D (term of office of leader: whole-council elections).

69 Omit section 44E (term of office of leader: partial council elections).

70 Omit section 44F (leader to continue to hold office as councillor).

71 Omit section 44G (no other means of electing or removing leader).

72 Omit section 44H (regulations).

73 (1) 10Section 45 (provisions with respect to referendums) is amended as follows.

(2) In subsection (1) for the words from “authority—” to “in Wales” substitute
“authority”.

(3) In subsections (5), (6) and (8A) for “Secretary of State” substitute “Welsh
Ministers”.

(4) 15In subsection (8B)—

(a) in paragraph (a)—

(i) for “Parliament in accordance with section 105(6)” substitute
“the National Assembly for Wales”, and

(ii) for “Secretary of State” substitute “Welsh Ministers”, and

(b) 20in paragraph (b)—

(i) for “Secretary of State” substitute “Welsh Ministers”, and

(ii) for “each House” substitute “the National Assembly for
Wales”.

(5) In subsection (8D)—

(a) 25in paragraph (a)—

(i) for “Parliament in accordance with section 105(6)” substitute
“the National Assembly for Wales”, and

(ii) for “Secretary of State” substitute “Welsh Ministers”, and

(b) in paragraph (b)—

(i) 30for “Parliament” substitute “the National Assembly for
Wales”,

(ii) for “Secretary of State” substitute “Welsh Ministers”,

(iii) for “each House” substitute “the Assembly”, and

(iv) for “his” substitute “their”.

(6) 35In subsection (9) omit “or 33K”.

74 (1) Section 47 (power to make incidental, consequential provision etc) is
amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) 40for “he considers” substitute “they consider”.

(3) In subsection (4) omit “(including changes of the kinds set out in sections
33A to 33D)”.

(4) In subsection (6) omit paragraph (b).

75 (1) Section 48 (interpretation of Part 2) is amended as follows.

(2) In subsection (1)—

(a) in the definition of “executive leader” for “section 11(2A)(a) or (3)(a)”
5substitute “section 11(3)(a)”,

(b) in the definition of “local authority” for the words from “means—” to
“Wales, a county council” substitute “means a county council in
Wales”, and

(c) omit the definition of “ordinary day of election”.

(3) 10Omit subsection (1A).

(4) In subsection (2) omit paragraph (b).

(5) In subsection (3) omit paragraph (b).

(6) In subsection (7)—

(a) for “Secretary of State” substitute “Welsh Ministers”, and

(b) 15for “him” substitute “them”.

76 In section 48A (functions of the Lord President of the Council) for “sections
44 and 45” substitute “section 44”.

77 (1) Section 105 (orders and regulations) is amended as follows.

(2) In subsection (6)—

(a) 20after “6,” insert “9HF, 9HH, 9N,”, and

(b) for “section 11(5), 31(1)(b), 32, 33O(6), 44 or 45” substitute “section
9BA, 9HN or 44”.

(3) After subsection (7) insert—

“(7A) If a draft of a statutory instrument containing an order under section
259HF or 9N would, apart from this subsection, be treated for the
purposes of the standing orders of either House of Parliament as a
hybrid instrument, it is to proceed in that House as if it were not such
an instrument.”

78 In section 106 (Wales) in subsection (1) omit paragraph (a).

79 (1) 30Schedule 1 (executive arrangements: further provision) is amended as
follows.

(2) In the heading of the Schedule (executive arrangements: further provision)
after “arrangements” insert “in Wales”.

(3) In paragraph 1(9) for “In the case of a local authority in Wales, the” substitute
35“The”.

(4) Omit paragraph 1A and the heading immediately before it.

(5) In paragraph 6(1) for “Secretary of State” substitute “Welsh Ministers”.

(6) Omit paragraph 7.

(7) In paragraph 8—

(a) 40in sub-paragraph (1) omit—

(i) “Welsh”, and

(ii) “in Wales”,

(b) in sub-paragraphs (2), (3) and (7) omit “Welsh”, and

(c) in sub-paragraphs (4) and (7) for “National Assembly for Wales”
substitute “Welsh Ministers”.

(8) 5In paragraph 9—

(a) in sub-paragraph (4) for “Secretary of State” substitute “Welsh
Ministers”,

(b) in sub-paragraph (5)(f) for “Secretary of State considers” substitute
“Welsh Ministers consider”,

(c) 10in sub-paragraph (6)(a)—

(i) for “Secretary of State” substitute “Welsh Ministers”, and

(ii) for “he considers” substitute “they consider”, and

(d) in sub-paragraph (6)(b) for “Secretary of State makes” substitute
“Welsh Ministers make”.

(9) 15In paragraph 10 omit “7,”.

(10) In paragraph 11 for “7” substitute “8”.

(11) Omit paragraphs 12 to 14 and the italic heading immediately before
paragraph 12 (overview and scrutiny committees: voting rights of co-opted
members).

20Anti-social Behaviour Act 2003 (c. 38)Anti-social Behaviour Act 2003 (c. 38)

80 In section 41 of the Anti-social Behaviour Act 2003 (closure of noisy
premises: supplemental) after subsection (2) (power of chief executive
officer to authorise an environmental health officer to exercise the chief
executive officer’s functions) insert—

“(2A) 25A relevant local authority that has made the arrangements set out in
section 9HA(2) of the Local Government Act 2000 (mayoral
management arrangements: mayor to be chief executive etc) may by
resolution confer any power or duty of the authority’s chief
executive officer under section 40 or this section on the authority’s
30elected mayor.

(2B) If a relevant local authority confers a power or duty on the
authority’s elected mayor under subsection (2A), the power or duty
is exercisable by, or applies to, the elected mayor rather than the chief
executive officer.

(2C) 35If a relevant local authority confers the power in section 40(1) on the
authority’s elected mayor under subsection (2A), the references to a
belief of the chief executive officer—

(a) in section 40(1), and

(b) in subsection (2)(b) of this section so far as that reference
40relates to section 40(1),

are to be read as references to the belief of the elected mayor.

(2D) If a relevant local authority confers the duty in subsection (1)(b) on
the authority’s elected mayor under subsection (2A), the references
to a belief of the chief executive officer—

(a) 45in subsection (1)(b), and

(b) in subsection (2)(b) so far as that reference relates to
subsection (1),

are to be read as references to the belief of the elected mayor.

(2E) Section 101(1) of the Local Government Act 1972 (arrangements for
5discharge of functions by local authorities) does not apply to the
function of conferring a duty under section (2A).”