Localism Bill

Page 133, line 3, leave out “two” and insert “five”

Page 133, line 33, at end insert—

“( ) A local housing authority or registered social landlord may in any given year designate a maximum of 25 per cent of its new tenancies as flexible tenancies.

( ) Existing tenancies may not be redesignated as flexible tenancies.”

Leave out Clause 154

Leave out Clause 155

Leave out Clause 156

Leave out Clause 157

Leave out Clause 158

Leave out Clause 159

Leave out Clause 160

Leave out Clause 161

Leave out Clause 162

Page 152, line 12, at end insert—

“(gb) methods of ensuring that when exchanges of tenancies take place on the basis of changed housing needs existing tenancy contracts and terms will be maintained for both parties,”.”

Page 153, line 22, leave out from beginning to end of line 8 on page 154 and insert—

“(7A) Under Schedule 2 to the Housing Act 1996 (social rented sector: housing complaints) a complaint may be made in writing to a housing ombudsman directly from a tenant or via—

(a) a member of the House of Commons,

(b) a member of the local housing authority in which the property is located, or

(c) a designated tenant panel for the social landlord (see paragraph 7B(1)).”

Page 399, line 6, at end insert—

“(1A) The Mayor must, subject to sub-paragraph (3), exercise the Mayor’s power under sub-paragraph (1) so as to secure that the members of an MDC include at least one elected member of each relevant London council.

(1B) For the purposes of this Schedule—

(a) “London council” means a London borough council or the Common Council of the City of London, and

(b) a London council is “relevant” in relation to an MDC if any part of the MDC’s area is within the council’s area.”

Page 399, line 39, after “Act),” insert—

“(ca) the member has since being appointed ceased to be an elected member of a relevant London council and the Mayor wishes to appoint an elected member of that council to be a member of the MDC in the member’s place,”

Page 401, line 27, after “it,” insert—

“(ba) its members not including at least one elected member of each relevant London council,”

Page 15, line 30, leave out “5C(7)” and insert “5C(7)(b)”

Page 16, line 13, leave out “5C(7)” and insert “5C(7)(b)”

Page 211, line 16, leave out “9EA,”

Page 211, line 27, after “executive,” insert—

“(iiia) by an area committee,”

Page 211, line 33, after “executive,” insert—

“(aa) by an area committee,”

Page 211, line 39, after “functions” insert “—

(a) by an area committee, or

(b) ”

Page 211, line 43, after “functions” insert “—

(a) by an area committee, or

(b) ”

Page 211, line 43, at end insert—

“(5A) Where by virtue of this section any functions may be discharged by an area committee, then, unless the senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.”

Page 212, leave out lines 4 to 19

Page 212, line 23, at end insert—

““senior executive member” means—

(a) in the case of a mayor and cabinet executive, the elected mayor;

(b) in the case of a leader and cabinet executive (England), the executive leader.”

Page 212, leave out line 24

Page 212, line 28, at end insert “and”

Page 212, line 31, leave out from “part” to end of line 39

Page 213, line 31, leave out “9E(3) to (7)” and insert “9E”

Page 215, line 39, at end insert “or”

Page 215, leave out lines 42 to 44

Page 218, line 3, leave out “local government”

Page 218, line 4, at end insert “and is not an excluded matter”

Page 218, leave out lines 15 to 20

Page 218, line 21, leave out “(5)(c)” and insert “(1)(c)”

Page 218, line 28, leave out “local government”

Page 219, leave out lines 6 and 7

Page 220, line 12, leave out from “relates” to end of line 15 and insert “functions of a relevant partner authority so far as exercisable in relation to—

(i) the authority’s area, or

(ii) the inhabitants of that area.”

Page 220, line 27, at beginning insert “either—

(i) the relevant committee is a non-unitary district council committee, or

(ii) ”

Page 221, leave out lines 1 to 4

Page 221, line 4, at end insert—

“non-unitary district council committee” means—

(a) an overview and scrutiny committee of a district council for a district in a county for which there is a county council, or

(b) a sub-committee of such a committee,”

Page 221, leave out lines 6 to 13 and insert “an overview and scrutiny committee or a sub-committee of such a committee,”

Page 221, line 14, after “committee” insert “other than a non-unitary district council committee”

Page 221, line 18, at end insert “, and

“relevant partner authority”, in relation to a relevant committee that is a non-unitary district council committee, means—

(a) the county council for the county concerned, or

(b) any person (other than the district council concerned) who is a partner authority in relation to that county council for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than a chief officer of police.”

Page 221, leave out lines 19 to 21

Page 223, leave out lines 1 to 31

Page 224, line 36, leave out from beginning to end of line 17 on page 225

Page 227, line 24, leave out from “9FE” to second “of” in line 26

Page 237, line 13, leave out from beginning to third “the” and insert “At a relevant change time,”

Page 237, line 20, leave out from beginning to first “the” in line 33 and insert—

“(3) Subject to subsection (2) and section 9MB(2), the local authority may take steps for the purposes of preparing for the change or implementing it (including steps relating to transitional arrangements).

(4) If the local authority is not currently operating a mayor and cabinet executive and the change does not provide for the local authority to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during—

(a) the first annual meeting of the local authority to be held after the resolution to make the change in governance arrangements is passed, or

(b) a later annual meeting of the local authority specified in that resolution.

(5) If the local authority is not currently operating a mayor and cabinet executive and the change provides for the local authority to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is—

(a) a time during the third day after the day of the declaration of the result of the poll at the first election of the mayor, or

(b) if a person is returned as the mayor at that first election without a poll being taken, a time during the third day after the day on which a poll would have been taken.

(6) If the local authority is currently operating a mayor and cabinet executive and the change provides for the local authority to cease to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during the third day after”

Page 237, leave out lines 36 to 39

Page 240, line 23, leave out from beginning to end of line 23 on page 241

Page 241, line 42, leave out from “proposals” to end of line 43

Page 241, line 47, leave out from “proposals” to end of line 2 on page 242

Page 242, leave out lines 13 and 14

Page 242, leave out lines 18 to 37

Page 253, line 1, leave out from “subsection (1A)” to end of line 2 and insert “—

(a) for “regulations made under section 18” substitute “section 9E(2)(b)(iiia), (3)(aa), (4)(a) or (5)(a)”, and

(b) after “Act 2000” insert “or under regulations made under section 18 of that Act”.”

Page 261, line 5, after “9HG” insert “, 9MG”

Page 263, line 44, leave out “to (c)” and insert “and (b)”

Insert the following new Clause—

“Timetables for changing English district councils’ electoral schemes

(1) The Local Government and Public Involvement in Health Act 2007 is amended as follows.

(2) Omit the following provisions (which provide that councils may pass resolutions to change their electoral schemes only in certain permitted periods)—

(a) section 33(4), (6) and (7) (district councils changing to whole-council elections),

(b) section 38(4), (6) and (7) (non-metropolitan district councils reverting to elections by halves), and

(c) section 40(4), (6) and (7) (district councils reverting to elections by thirds).

(3) In section 33 (resolution for whole-council elections: requirements) after subsection (3) insert—

“(3A) The resolution must specify the year for the first ordinary elections of the council at which all councillors are to be elected.

(3B) In the case of a district council for a district in a county for which there is a county council, the year specified under subsection (3A) may not be a county-council-elections year; and here “county-council-elections year” means 2013 and every fourth year afterwards.”

(4) In section 34(2) (years in which whole-council elections to a district council are to be held if scheme under section 34 applies) for paragraphs (a) and (b) substitute—

“(a) the year specified under section 33(3A) in the resolution, and

(b) every fourth year afterwards.”

(5) In section 34 (scheme for whole-council elections) after subsection (4) insert—

“(4A) Ordinary elections of councillors of the council under the previous electoral scheme are to be held in accordance with that scheme in any year that—

(a) is earlier than the year specified under section 33(3A) in the resolution for whole-council elections, and

(b) is a year in which, under the previous electoral scheme, ordinary elections of councillors of the council are due to be held.

(4B) In subsection (4A) “the previous electoral scheme” means the scheme for the ordinary elections of councillors of the council that applied to it immediately before it passed the resolution for whole-council elections.”

(6) After section 31 insert—

“31A Minimum period between resolutions to change electoral schemes

If a council passes a resolution under section 32, 37 or 39 (“the earlier resolution”) it may not pass another resolution under any of those sections before the end of five years beginning with the day on which the earlier resolution is passed.”

(7) In section 57 of the Local Democracy, Economic Development and Construction Act 2009 (requests for review of single-member electoral areas by councils subject to a scheme for whole-council elections) after subsection (4) (meaning of “subject to a scheme for whole-council elections”) insert—

“(4A) A district council is also “subject to a scheme for whole-council elections” for those purposes if—

(a) section 34 of the Local Government and Public Involvement in Health Act 2007 (scheme for whole-council elections) applies to the council, but

(b) by virtue of subsection (4A) of that section (temporary continuation of previous electoral scheme), not all the members of the council are to be elected in a year in which ordinary elections of members of the council are to be held.””

Page 22, line 8, leave out “The reference in subsection (2)” and insert “A reference in this Chapter”

Page 22, line 44, after “by” insert “the Mayor of London and”

Page 22, line 44, after “acting” insert “jointly”

Page 22, line 45, at end insert—

“(8) In this Chapter except section (Delegation of functions by Greater London Authority)—

(a) a reference to a committee or sub-committee of a relevant authority is, where the relevant authority is the Greater London Authority, a reference to—

(i) a committee or sub-committee of the London Assembly, or

(ii) the standards committee, or a sub-committee of that committee, established under that section,

(b) a reference to a joint committee on which a relevant authority is represented is, where the relevant authority is the Greater London Authority, a reference to a joint committee on which the Authority, the London Assembly or the Mayor of London is represented,

(c) a reference to becoming a member of a relevant authority is, where the relevant authority is the Greater London Authority, a reference to becoming the Mayor of London or a member of the London Assembly, and

(d) a reference to a meeting of a relevant authority is, where the relevant authority is the Greater London Authority, a reference to a meeting of the London Assembly;

and in subsection (2)(b) the reference to representing the relevant authority is, where the relevant authority is the Greater London Authority, a reference to representing the Authority, the London Assembly or the Mayor of London.”

Page 23, line 33, leave out from “section” to end of line 34 and insert “(Delegation of functions by the Greater London Authority) (delegation of functions by the Greater London Authority)”

Leave out Clause 18 and insert the following new Clause—

“Register of interests

(1) The monitoring officer of a relevant authority must establish and maintain a register of interests of members and co-opted members of the authority.

(2) Subject to the provisions of this Chapter, it is for a relevant authority to determine what is to be entered in the authority’s register.

(3) Nothing in this Chapter requires an entry to be retained in a relevant authority’s register once the person concerned—

(a) no longer has the interest, or

(b) is (otherwise than transitorily on re-election or re-appointment) neither a member nor a co-opted member of the authority.

(4) In the case of a relevant authority that is a parish council, references in this Chapter to the authority’s monitoring officer are to the monitoring officer of the parish council’s principal authority.

(5) The monitoring officer of a relevant authority other than a parish council must secure—

(a) that a copy of the authority’s register is available for inspection at a place in the authority’s area at all reasonable hours, and

(b) that the register is published on the authority’s website.

(6) The monitoring officer of a relevant authority that is a parish council must—

(a) secure that a copy of the parish council’s register is available for inspection at a place in the principal authority’s area at all reasonable hours,

(b) secure that the register is published on the principal authority’s website, and

(c) provide the parish council with any data it needs to comply with subsection (7).

(7) A parish council must, if it has a website, secure that its register is published on its website.

(8) Subsections (5) to (7) are subject to section (Sensitive interests)(2).

(9) In this Chapter “principal authority”, in relation to a parish council, means—

(a) in the case of a parish council for an area in a district that has a district council, that district council,

(b) in the case of a parish council for an area in a London borough, the council of that London borough, and

(c) in the case of a parish council for any other area, the county council for the county that includes that area.

(10) In this Chapter “register”, in relation to a relevant authority, means its register under subsection (1).”

Insert the following new Clause—

“Disclosure of pecuniary interests on taking office

(1) A member or co-opted member of a relevant authority must, before the end of 28 days beginning with the day on which the person becomes a member or co-opted member of the authority, notify the authority’s monitoring officer of any disclosable pecuniary interests which the person has at the time when the notification is given.

(2) Where a person becomes a member or co-opted member of a relevant authority as a result of re-election or re-appointment, subsection (1) applies only as regards disclosable pecuniary interests not entered in the authority’s register when the notification is given.

(3) For the purposes of this Chapter, a pecuniary interest is a “disclosable pecuniary interest” in relation to a person (“M”) if it is of a description specified in regulations made by the Secretary of State and either—

(a) it is an interest of M’s, or

(b) it is an interest of—

(i) M’s spouse or civil partner,

(ii) a person with whom M is living as husband and wife, or

(iii) a person with whom M is living as if they were civil partners,

and M is aware that that other person has the interest.

(4) Where a member or co-opted member of a relevant authority gives a notification for the purposes of subsection (1), the authority’s monitoring officer is to cause the interests notified to be entered in the authority’s register (whether or not they are disclosable pecuniary interests).”

Insert the following new Clause—

“Pecuniary interests in matters considered at meetings or by a single member

(1) Subsections (2) to (4) apply if a member or co-opted member of a relevant authority—

(a) is present at a meeting of the authority or of any committee, sub-committee, joint committee or joint sub-committee of the authority,

(b) has a disclosable pecuniary interest in any matter to be considered, or being considered, at the meeting, and

(c) is aware that the condition in paragraph (b) is met.

(2) If the interest is not entered in the authority’s register, the member or co-opted member must disclose the interest to the meeting, but this is subject to section (Sensitive interests)(3).

(3) If the interest is not entered in the authority’s register and is not the subject of a pending notification, the member or co-opted member must notify the authority’s monitoring officer of the interest before the end of 28 days beginning with the date of the disclosure.

(4) The member or co-opted member may not—

(a) participate, or participate further, in any discussion of the matter at the meeting, or

(b) participate in any vote, or further vote, taken on the matter at the meeting,

but this is subject to section (Dispensations from section (Pecuniary interests in matters considered at meetings or by a single member)(4)).

(5) In the case of a relevant authority to which Part 1A of the Local Government Act 2000 applies and which is operating executive arrangements, the reference in subsection (1)(a) to a committee of the authority includes a reference to the authority’s executive and a reference to a committee of the executive.

(6) Subsections (7) and (8) apply if—

(a) a function of a relevant authority may be discharged by a member of the authority acting alone,

(b) the member has a disclosable pecuniary interest in any matter to be dealt with, or being dealt with, by the member in the course of discharging that function, and

(c) the member is aware that the condition in paragraph (b) is met.

(7) If the interest is not entered in the authority’s register and is not the subject of a pending notification, the member must notify the authority’s monitoring officer of the interest before the end of 28 days beginning with the date when the member becomes aware that the condition in subsection (6)(b) is met in relation to the matter.

(8) The member must not take any steps, or any further steps, in relation to the matter (except for the purpose of enabling the matter to be dealt with otherwise than by the member).

(9) Where a member or co-opted member of a relevant authority gives a notification for the purposes of subsection (3) or (7), the authority’s monitoring officer is to cause the interest notified to be entered in the authority’s register (whether or not it is a disclosable pecuniary interest).

(10) Standing orders of a relevant authority may provide for the exclusion of a member or co-opted member of the authority from a meeting while any discussion or vote takes place in which, as a result of the operation of subsection (4), the member or co-opted member may not participate.

(11) For the purpose of this section, an interest is “subject to a pending notification” if—

(a) under this section or section (Disclosure of pecuniary interests on taking office), the interest has been notified to a relevant authority’s monitoring officer, but

(b) has not been entered in the authority’s register in consequence of that notification.”

Insert the following new Clause—

“Sensitive interests

(1) Subsections (2) and (3) apply where—

(a) a member or co-opted member of a relevant authority has an interest (whether or not a disclosable pecuniary interest), and

(b) the nature of the interest is such that the member or co-opted member, and the authority’s monitoring officer, consider that disclosure of the details of the interest could lead to the member or co-opted member, or a person connected with the member or co-opted member, being subject to violence or intimidation.

(2) If the interest is entered in the authority’s register, copies of the register that are made available for inspection, and any published version of the register, must not include details of the interest (but may state that the member or co-opted member has an interest the details of which are withheld under this subsection).

(3) If section (Pecuniary interests in matters considered at meetings or by a single member)(2) applies in relation to the interest, that provision is to be read as requiring the member or co-opted member to disclose not the interest but merely the fact that the member or co-opted member has a disclosable pecuniary interest in the matter concerned.”

Insert the following new Clause—

“Dispensations from section (Pecuniary interests in matters considered at meetings or by a single member)(4)

(1) A relevant authority may, on a written request made to the proper officer of the authority by a member or co-opted member of the authority, grant a dispensation relieving the member or co-opted member from either or both of the restrictions in section (Pecuniary interests in matters considered at meetings or by a single member)(4) in cases described in the dispensation.

(2) A relevant authority may grant a dispensation under this section only if, after having had regard to all relevant circumstances, the authority—

(a) considers that without the dispensation the number of persons prohibited by section (Pecuniary interests in matters considered at meetings or by a single member)(4) from participating in any particular business would be so great a proportion of the body transacting the business as to impede the transaction of the business,

(b) considers that without the dispensation the representation of different political groups on the body transacting any particular business would be so upset as to alter the likely outcome of any vote relating to the business,

(c) considers that granting the dispensation is in the interests of persons living in the authority’s area,

(d) if it is an authority to which Part 1A of the Local Government Act 2000 applies and is operating executive arrangements, considers that without the dispensation each member of the authority’s executive would be prohibited by section (Pecuniary interests in matters considered at meetings or by a single member)(4) from participating in any particular business to be transacted by the authority’s executive, or

(e) considers that it is otherwise appropriate to grant a dispensation.

(3) A dispensation under this section must specify the period for which it has effect, and the period specified may not exceed four years.

(4) Section (Pecuniary interests in matters considered at meetings or by single member)(4) does not apply in relation to anything done for the purpose of deciding whether to grant a dispensation under this section.”

Page 24, line 23, leave out from “person” to end of line 32 and insert “commits an offence if, without reasonable excuse, the person—

(a) fails to comply with an obligation imposed on the person by section (Disclosure of pecuniary interests on taking office)(1) or (Pecuniary interests in matters considered at meetings or by a single member)(2), (3) or (7),

(b) participates in any discussion or vote in contravention of section (Pecuniary interests in matters considered at meetings or by a single member)(4), or

(c) takes any steps in contravention of section (Pecuniary interests in matters considered at meetings or by a single member)(8).

(1A) A person commits an offence if under section (Disclosure of pecuniary interests on taking office)(1) or (Pecuniary interests in matters considered at meetings or by a single member)(2), (3) or (7) the person provides information that is false or misleading and the person—

(a) knows that the information is false or misleading, or

(b) is reckless as to whether the information is true and not misleading.”

Page 24, line 35, leave out from beginning to “by” and insert “A court dealing with a person for an offence under this section may (in addition to any other power exercisable in the person’s case)”

Page 25, line 6, at end insert—

“(8) The Local Government Act 1972 is amended as follows.

(9) In section 86(1)(b) (authority to declare vacancy where member becomes disqualified otherwise than in certain cases) after “2000” insert “or section 19 of the Localism Act 2011”.

(10) In section 87(1)(ee) (date of casual vacancies)—

(a) after “2000” insert “or section 19 of the Localism Act 2011 or”, and

(b) after “decision” insert “or order”.

(11) The Greater London Authority Act 1999 is amended as follows.

(12) In each of sections 7(b) and 14(b) (Authority to declare vacancy where Assembly member or Mayor becomes disqualified otherwise than in certain cases) after sub-paragraph (i) insert—

“(ia) under section 19 of the Localism Act 2011,”.

(13) In section 9(1)(f) (date of casual vacancies)—

(a) before “or by virtue of” insert “or section 19 of the Localism Act 2011”, and

(b) after “that Act” insert “of 1998 or that section”.”

Insert the following new Clause—

“Delegation of functions by Greater London Authority

(1) The Mayor of London and the London Assembly, acting jointly, may arrange for any of the functions conferred on them by or under this Chapter to be exercised on their behalf by—

(a) a member of staff of the Greater London Authority, or

(b) a committee appointed in accordance with provision made by virtue of this section.

(2) Standing orders of the Greater London Authority may make provision regulating the exercise of functions by any member of staff of the Authority pursuant to arrangements under subsection (1).

(3) Standing orders of the Greater London Authority may make provision for the appointment of a committee (“the standards committee”) to exercise functions conferred on the Mayor of London and the London Assembly by or under this Chapter in accordance with arrangements under subsection (1).

(4) Standing orders of the Greater London Authority may make provision about the membership and procedure of the standards committee.

(5) The provision that may be made under subsection (4) includes—

(a) provision for the standards committee to arrange for the discharge of its functions by a sub-committee of that committee;

(b) provision about the membership and procedure of such a sub-committee.

(6) Subject to subsection (7), the standards committee and any sub-committee of that committee—

(a) is not to be treated as a committee or (as the case may be) sub-committee of the London Assembly for the purposes of the Greater London Authority Act 1999, but

(b) is a committee or (as the case may be) sub-committee of the Greater London Authority for the purposes of Part 3 of the Local Government Act 1974 (investigations by Commission for Local Administration in England).

(7) Sections 6(3)(a) (failure to attend meetings) and 73(6) (functions of monitoring officer) of the Greater London Authority Act 1999 apply to the standards committee or any sub-committee of that committee as they apply to a committee of the London Assembly or any sub-committee of such a committee.

(8) Part 5A of the Local Government Act 1972 (access to meetings and documents) applies to the standards committee or any sub-committee of that committee as if—

(a) it were a committee or (as the case may be) a sub-committee of a principal council within the meaning of that Part, and

(b) the Greater London Authority were a principal council in relation to that committee or sub-committee.

(9) Arrangements under this section for the exercise of any function by—

(a) a member of staff of the Greater London Authority, or

(b) the standards committee,

do not prevent the Mayor of London and the London Assembly from exercising those functions.

(10) References in this section to the functions of the Mayor of London and the London Assembly conferred by or under this Chapter do not include their functions under this section.

(11) In this section “member of staff of the Greater London Authority” has the same meaning as in the Greater London Authority Act 1999 (see section 424(1) of that Act).”

Page 286, line 6, at end insert—

“(6A) No regulations under this section are to be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.”

Page 302, line 13, at end insert—

“31A In section 113(3) (orders and regulations to be subject to annulment by either House of Parliament, except in certain cases) after “except in the case of” insert “regulations under section 52ZQ above or”.”

Leave out Clause 73

Page 64, line 4, leave out subsection (5)

Page 66, line 33, leave out subsection (5)

Page 77, leave out lines 7 to 9

Page 349, line 44, at end insert—

“21A (1) Section 333 (regulations and orders) is amended as follows.

(2) In subsection (3) (regulations to be subject to annulment) after “except regulations under section 88” insert “or paragraph 15(5) or 16 of Schedule 4B”.

(3) After that subsection insert—

“(3A) No regulations may be made under paragraph 15(5) or 16 of Schedule 4B unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.””

Page 200, line 24, after “Act” insert “(other than a power under section 226)”

Page 200, line 42, at end insert—

“(za) an order under section 5(2) that—

(i) amends any Act or provision of an Act, and

(ii) is not made (in reliance on section 7(4)) in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 7(3);”

Page 200, line 44, leave out “7(5)” and insert “7(5)(b)”

Page 201, line 3, at end insert—

“(ba) an order under section 8(2);”

Page 201, line 4, leave out “or 69(9)” and insert “, 69(2)(d), (5)(e) or (9) or 71(8)”

Page 201, line 7, at end insert—

“(fa) regulations under section 105;”

Page 201, line 10, leave out “105 or”

Page 201, line 14, leave out subsection (8)

Page 202, line 7, at end insert—

“(13A) Subsection (13) does not apply to an order under section 226.”

Page 424, line 10, column 2, at beginning insert—

Page 424, line 36, at end insert—

Page 424, line 47, at end insert—

Page 428, line 26, column 2, at end insert—

Page 431, line 3, at end insert—