Localism Bill

Page 149, line 5, leave out “, or is likely to be,”

Leave out Clause 155

Insert the following new Clause—

“Proceeds of sale of social housing

(1) In section 11 of the Local Government Act 2003 (duty to determine affordable borrowing limit), omit subsections (2)(b), (3) and (4).

(2) Any regulation made under section 11(2)(b) of the Local Government Act 2003 shall cease to have effect from 1 April 2012.”

Leave out Clause 156

Page 150, line 6, at end insert—

“( ) The Secretary of State shall pay such additional settlement payment as is reasonable in the circumstances where—

(a) any sum payable by the Secretary of State to a local housing authority is not paid by a time determined under this section for its payment; or

(b) any additional costs are incurred by the local housing authority as a result of any sum payable by the Secretary of State not being paid by a time disclosed under this section for payment.”

Leave out Clause 157

Leave out Clause 158 and insert the following new Clause—

“Definition of indebtedness

(1) A local authority shall determine and keep under review the amount of housing debt held by that authority.

(2) A determination under this section must have regard to the duty to determine an affordable borrowing limit under section 3 of the Local Government Act 2003 (duty to determine affordable borrowing limit).

(3) A determination under this section must have regard to any guidance issued or approved by the Secretary of State, and to any regulations made under section 4 of the Local Government Act 2003.

(4) A local housing authority may not hold debt in contravention of a determination under this section.

(5) In this section “housing debt”, in relation to a local housing authority, means debt—

(a) which is held by the authority in connection with the exercises of its functions relating to houses and other property within its Housing Revenue Account, and

(b) interest and other charges in respect of which are required to be carried to the debit of that account.”

Leave out Clause 158

Insert the following new Clause—

“Social housing rents

Landlords of social housing may levy a rent above the target rent for that dwelling to fund the capital cost of additional facilities requested by the tenant.”

Leave out Clause 159

Leave out Clause 160

Leave out Clause 161

Insert the following new Clause—

“Use of capital receipts

(1) In section 11 of the Local Government Act 2003 (use of capital receipts) omit subsections (2)(b), (3) and (4).

(2) Any regulation made under section 11(2) of the Local Government Act 2003 shall cease to have effect from 1 April 2012.”

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,”.”

Leave out Clause 163

Page 374, line 4, after “means” insert “the Regulation officer of”

Page 374, line 6, after “means” insert “the Regulation officer of”

Page 374, line 6, at end insert—

“( ) The HCA must appoint, on the recommendation of the Regulation Committee, a member of staff to be designated the Regulation Officer for the discharge of the functions of the regulator.

( ) The Regulation Committee may direct subordinate HCA staff to assist the Regulation Officer in the discharge of its functions, as appropriate.”

Page 374, line 10, after “on” insert “the Regulation Officer of”

Page 374, line 12, leave out “HCA acting through” and insert “Regulation Officer of the HCA acting under the supervision and oversight of”

Page 375, line 33, leave out “, unfit or unsuitable” and insert “or unfit”

Page 381, line 15, at end insert—

59A The Housing (Scotland) Act 2010 is amended as follows.

59B In section 18(2) (co-operation with other regulators: definition of “relevant regulators”) in paragraph (a) for “the Office for Tenants and Social Landlords” substitute “the Regulator of Social Housing”.

59C In section 68(3) (determination of accounting requirements for registered social landlords: consultation with other bodies) in paragraph (c) for “the Office for Tenants and Social Landlords” substitute “the Regulator of Social Housing”.

59D In Schedule 19 to the Equality Act 2010 (public authorities) omit the entry for the Office for Tenants and Social Landlords.”

Insert the following new Clause—

“Transfer of trusteeship of almshouses

In section 170 of the Housing and Regeneration Act 2008 (overview) at the end insert—

“(2) For the purposes of this Chapter, “disposal of property” shall include the transfer of trusteeship of an almshouse by a registered provider where, as a result of that trusteeship, the registered provider manages land or dwellings; and “disposal of land” and “disposal of a dwelling” shall be interpreted so as to refer to the transfer of trusteeship which entails management of land or dwellings accordingly.””

Page 384, line 33, at end insert—

“1A In section 122 (restriction on gifts and distributions by non-profit registered providers to members etc) after subsection (6) insert—

“(7) The Secretary of State may by order amend this section for the purpose of—

(a) adding to the permitted classes, or

(b) modifying or removing a permitted class added by order under this subsection.

(8) Before making an order under subsection (7), the Secretary of State must consult—

(a) the Charity Commission,

(b) the regulator, and

(c) one or more bodies appearing to the Secretary of State to represent the interests of registered providers.””

Page 384, line 33, at end insert—

“In section 122 (payments to members etc.), after subsection (5) insert—

“(5A) Class 4 is payments which are made incidentally to members as a result of their belonging to a class of persons to whom the provider is properly making payments in pursuance of its constitution or objects.

(5B) Class 5 is payments made with the consent of the regulator.””

Page 384, line 33, at end insert—

“In section 112 (eligibility for voluntary registration), after subsection (1)(b) insert—

“( ) is a parent body of a group structure that includes at least one provider eligible for registration under paragraph (a) or (b).””

Page 388, line 13, at end insert—

“17 In section 320 of the Housing and Regeneration Act 2008 (orders and regulations)—

(a) in subsection (3)(a) (orders subject to approval in draft by each House of Parliament), after “114” insert “, 122”, and

(b) in subsection (7)(a) (orders subject to annulment by either House of Parliament, and exceptions from that requirement), after “114” insert “, 122”.”

Page 388, line 13, at end insert—

“17 In section 269 (appointment of new officers), for subsection (2) substitute—

“(2) The regulator may appoint more than four of the officers of a registered provider only if the provider has fewer officers than required by its constitution.””

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 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 153, line 22, leave out “must” and insert “may”

Page 153, line 23, leave out “is not “duly made””

Page 153, line 23, leave out “is not “duly made”” and insert “may be made”

Page 153, line 24, leave out “unless it is made”

Page 153, line 24, leave out “unless it is” and insert “may be”

Page 153, line 35, at end insert—

“(3A) If a designated person who is asked to refer a complaint to a housing ombudsman declines to refer that complaint, the individual making the complaint may make it directly in writing to that housing ombudsman.”

Page 153, line 36, after “apply” insert—

“(a)”

Page 153, line 37, at end insert—

“(b) if under sub-paragraph (3A) an individual makes a complaint direct to a housing ombudsman.”

Page 154, line 6, at end insert—

“( ) If having made a determination of pay compensation, the ombudsman must explain how the level of compensation has been calculated.”

Page 154, line 30, leave out from beginning to end of line 7 on page 155

Page 154, line 30, leave out from beginning to end of line 18 on page 155

Insert the following new Clause—

“Statutory overcrowding: reform of overcrowding standard

(1) Part X of the Housing Act 1985 is amended as follows.

(2) For sections 324 to 332 substitute—

“324 Statutory overcrowding

A dwelling is overcrowded for the purposes of this Part when the number of persons sleeping in the dwelling is such as to contravene the standard specified in section 325 (the overcrowding standard).

325 Overcrowding standard

(1) The overcrowding standard is contravened when the number of rooms in a dwelling which are available as sleeping accommodation is smaller than the number specified in subsection (3), having regard to the number and description of persons who are ordinarily resident in the dwelling.

(2) For the purpose of calculating the number of rooms available as sleeping accommodation, no account shall be taken of a room which is of a type normally used in the locality as a living room or of a kitchen.

(3) The permitted numbers are specified in the table below.

(4) In applying the standard specified in subsection (3)—

(a) no account shall be taken of a room having a floor area of less than 50 square feet;

(b) a room measuring 50 square feet or more but less than 70 square feet shall not be taken to be available for anyone other than one child under 10;

(c) a room measuring more than 70 square feet but less than 90 square feet shall not be taken to be available for anyone other than one person of any age or two children under 10;

(d) a room measuring more than 90 square feet but less than 110 square feet shall not be taken to be available for anyone other than one person of any age or two persons of whom at least one must be a child under 10; and

(e) a room measuring 110 square feet shall be taken to be available for two persons of any age.

(5) The Secretary of State may by regulations prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation of floor space in a part of the room which is less than a specified height not exceeding eight feet.

326 Notice to abate overcrowding

(1) Where a dwelling is found to contravene the overcrowding standard, the local housing authority may serve on the owner or manager of the dwelling notice in writing requiring him to take reasonable steps to abate the overcrowding within 28 days from the date of service of the notice.

(2) For the purposes of subsection (1), a person shall be considered to have taken reasonable steps to abate the overcrowding if he takes such steps as are necessary in law to recover possession of the dwelling or to reduce the number of persons in occupation of the dwelling or if he does any other act which in the opinion of the authority amounts to a reasonable response to the abatement notice.

(3) If, within the period of 28 days following service of an abatement notice under subsection (1), or within such further period as the local housing authority shall in its discretion allow, the owner or manager has not taken reasonable steps to abate the overcrowding, the authority may apply for an order to the county court.

(4) On an application by the local housing authority under subsection (3), the court may order that vacant possession of the dwelling or part of the dwelling be given to the landlord within such period as the court may determine.

(5) An order under subsection (4) may be stayed or suspended for such period and on such conditions as the court shall decide.

(6) In exercising its powers under subsection (4), the court shall have regard to the interests of any tenant or occupier of the premises, and in particular to the security of tenure of any protected or statutory tenant under the Rent Act 1977 or any assured tenant under the Housing Act 1988.

(7) Expenses incurred by the local housing authority under this section in securing possession of a dwelling may be recovered from the landlord or manager by action.

(8) Service of an abatement notice under subsection (1) shall not prevent the authority from serving a prohibition order under section 20 of the Housing Act 2004.”

(3) Omit sections 335 to 344.”

Page 159, line 27, leave out from “words” to “and” in line 31 and insert “for “if on such an application” substitute “in the case of an application under subsection (1) if the tenancy has not ended and”,”

Page 159, line 34, at end insert—

“(6A) After subsection (2) insert—

“(2A) Subsections (3A) and (4) apply in the case of an application under subsection (1) if the tenancy has ended (whether before or after the making of the application) and the court—

(a) is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or

(b) is not satisfied that the deposit is being held in accordance with an authorised scheme,

as the case may be.””

Page 159, line 36, leave out from beginning to third “the” in line 37

Insert the following new Clause—

“Exclusion of certain rural dwellings from the preserved right to buy

The preserved right to buy under section 171A of the Housing Act 1985 (cases in which right to buy is preserved) shall not be available in respect of a dwelling-house let by a registered provider of social housing in a rural area designated for the purposes of section 17(1)(b) of the Housing Act 1996 (right of tenant to acquire dwelling: supplementary provisions).”

Insert the following new Clause—

“Community land trusts and leasehold enfranchisement

(1) The Housing and Regeneration Act 2008 is amended as follows.

(2) After section 302 insert—

“302A Community land trust and leasehold enfranchisement

(1) Regulations may make provision for securing that in prescribed circumstances—

(a) an enfranchisement right is not exercisable in relation to dwellings owned (whether freehold or leasehold) by a community land trust as defined in section 79 of this Act, or

(b) the exercise of an enfranchisement right in relation to that land is subject to modifications provided for by the regulations.

(2) Each of the following is an “enfranchisement right”—

(a) the right under Part 1 of the Leasehold Reform Act 1967 to acquire the freehold of a house (enfranchisement),

(b) the right under Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (collective enfranchisement in case of tenants of flats), and

(c) the right under section 180 of the Housing and Regeneration Act 2008 (right to acquire social housing).

(3) The regulations may—

(a) confer discretionary powers on the Secretary of State, a community land trust or any other specified person, and

(b) require notice to be given by a community land trust in any case where, as a result of the regulations, an enfranchisement right is not exercisable or is exercisable subject to modifications.””

Insert the following new Clause—

“Homes and Communities Agency: annual report

In Schedule 1 to the Housing and Regeneration Act 2008 (the Homes and Communities Agency), after sub-paragraph (1)(a) of paragraph 11 insert—

“(aa) state within the report, in particular, the total number of new properties delivered during each year, also specifying, in respect of new properties in the area of each local housing authority—

(i) how many are located within a settlement of fewer than 10,000, and fewer than 3,000, inhabitants;

(ii) the number let on long leases, fixed-term shorthold tenancies, and periodic tenancies;

(iii) levels of rent;

(iv) the number designed for use as housing for older people;

(v) the number designed for use as housing for other vulnerable groups;

(vi) the size as defined by the number of bedrooms;

(vii) information on such other categories as may appear to the HCA to be appropriate or may be specified by the Secretary of State.””

Insert the following new Clause—

“Leases to which section 11 of the Landlord and Tenant Act 1985 applies: general rule

In section 13(1) Landlord and Tenant Act 1985 (leases to which the provisions about repairing obligations in section 11 of that Act apply) after subsection (1) insert—

“(1A) Section 11 also applies to any lease of a dwelling house granted on or after the day on which section 173 of the Localism Act 2011 came into force, for a term of less than 21 years.

(1B) Section 11 also applies to a right of occupation given by contract or any enactment and not amounting to a lease as if the right were a lease; and “lease” and cognate expressions shall be construed accordingly.””

Insert the following new Clause—

“Landlord accreditation schemes

(1) Every local housing authority must operate one or more voluntary accreditation scheme for landlords in the private rented sector.

(2) An authority may operate a landlord accreditation scheme itself or in conjunction with other persons and may delegate performance of its functions, or aspects of this function, to another person.

(3) The Secretary of State may, in consultation with local authorities, make regulations to—

(a) define the nature and scope of accreditation schemes;

(b) prescribe the criteria for membership of accreditation schemes;

(c) prescribe requirements as to the professional qualifications or standards of persons who will operate an accreditation scheme in conjunction with the authority or whom it intends to delegate performance of this function;

(d) establish standards of conduct and practice (“the minimum standards”) with regard to the disposal and management of residential accommodation which shall be required as a condition of membership or accreditation schemes, including requirements as to the condition of premises let by accredited landlords;

(e) provide for a system of inspection of premises and monitoring of compliance with the minimum standards;

(f) provide for means of redress where there has been a clear failure to meet minimum standards, including provisions for termination of membership and procedures for review of decisions;

(g) make provisions concerning any matter relevant to the objectives, management and operations of accreditation schemes; and

(h) permit the scheme to consider and take action where a complaint is received or there are grounds for considering whether enforcement actions should be taken under legislation in relation to any premises owned or managed by a member of an accreditation scheme in such circumstances and subject to such conditions as may be prescribed.”

Insert the following new Clause—

“Leases to which section 11 of the Landlord and Tenant Act 1985 applies: exceptions

In section 14 of the Landlord and Tenant Act 1985 omit subsections (1) and (2) in respect of new leases granted on or after the day on which this section comes into force.”

Insert the following new Clause—

“Other repairing obligations

(1) In section 11(1)(b) of the Landlord and Tenant Act 1985 (repairing obligations in short leases) after “gas or electricity” insert “save where the dwelling house is let furnished”.

(2) After subsection (1) insert—

“(1ZA) If a lease to which this section applies is a lease of a furnished dwelling house, there is an implied covenant by the lessor—

(a) to keep the fixtures, fittings and furniture in reasonable repair and condition, and

(b) to keep the appliances provided by the lessor in repair and proper working order.””

Insert the following new Clause—

“Other repairing obligations (No. 2)

In section 11(1) of the Landlord and Tenant Act 1985 (repairing obligations in short leases) at the end insert “, and

(c) to rectify any defect of construction or design that is rendering or will render the premises injurious to the health of the occupiers.””

Insert the following new Clause—

“Other repairing obligations (No. 3)

In section 11(1)(b) Landlord and Tenant Act 1985 (repairing obligations in short leases)—

(a) after “electricity and for” insert “ventilation and”, and

(b) after “sinks” insert “extractor fans”.”

Insert the following new Clause—

“Other repairing obligations (No. 4)

(1) Section 8 of the Landlord and Tenant Act 1985 (implied terms as to fitness for human habitation) is amended as follows.

(2) For subsection (3) substitute—

“(3) This section—

(a) applies to a contract if it is for the residential occupation of a house, and

(b) does not apply where a house is let for a term of seven years or more (the lease not being determinable at the option of either party before the expiration of seven years),

upon terms that the tenant puts the premises into a condition reasonably fit for human habitation.”

(3) In subsection (4) omit the Table.

(4) After subsection (6) insert—

“(7) In this section—

“contract”, “letting” and “tenancy” include any arrangement giving a person a right to remain in residential occupation of a house, and

“tenant” includes any person occupying pursuant to such an arrangement.””

Insert the following new Clause—

“Standards for private sector lettings and management agents

The Secretary of State may by regulations set the standards that private sector lettings agents and management agents must adhere to.”

Insert the following new Clause—

“Restriction on discretion of court in making orders for possession of land

In subsection (1) of section 89 of the Housing Act 1980—

(a) omit the words “fourteen days after the making of the order, unless it appears to the court that exceptional hardship would be caused by requiring possession to be given up by that date; and shall not in any event be postponed to a date later than”;

(b) at the end insert the words “unless the court determines that postponing to a later date would be proportionate in the circumstances of the case”.”

Insert the following new Clause—

“Tenancy relations services

(1) Every local housing authority shall provide a tenancy relations service.

(2) For the purposes of subsection (1), a tenancy relations service shall be operated or managed by a specified officer or officers of the authority and the work of the service shall include—

(a) providing or securing the provision of advice to private sector tenants and landlords concerning their respective rights and obligations;

(b) providing or securing the provision of assistance in the resolution of disputes, including measures for conciliation;

(c) providing and collecting evidence for the purposes of the authority’s powers of enforcement and of prosecution; and

(d) promoting best practice in the private rented sector, or securing that best practice is otherwise promoted.”

Insert the following new Clause—

“Establishment of London Housing and Regeneration Board

(1) The authority must establish a London Housing and Regeneration Board (“the Board“).

(2) The Board is to consist of such numbers (being not less than six) as the authority may from time to time appoint.

(3) The authority must appoint one of the members as the chair of the Board.

(4) In appointing a person to be a member the authority—

(a) must have regard to the desirability of appointing a person who has experience of, and shown some capacity in, a matter relevant to the exercise of the functions set out in this Chapter,

(b) must be satisfied that the person will have no financial or other interest likely to affect prejudicially the exercise of the person’s functions as a member, and

(c) must ensure that an appropriate number of members on the Board are appointed representatives of London boroughs.

(5) In exercising its housing and regeneration functions and powers subsequent to the enactment of this Chapter, the authority must consult and obtain agreement from the Board.”

Insert the following new Clause—

“Tax increment financing

(1) The Mayor of London may authorise the creation of tax increment financing pilot zones within a defined area of any London Assembly constituency.

(2) The Secretary of State may permit the Mayor of London, in accordance with the power exercised in subsection (1), to retain the national non-domestic rates within the zone for the purpose of providing infrastructure to support the development of the zone.

(3) The Mayor may exercise the power in subsection (1) only if agreement has been given by the borough in which the pilot zone is located in, and the Mayor is satisfied that—

(a) adequate consultation about the creation of a pilot zone has been undertaken; and

(b) development in the pilot zone would not otherwise take place but for the creation of the zone and the power provided in accordance with subsection (2).

(4) In exercising the power in subsections (1) and (2), the Mayor must have regard to such conditions as the Secretary of State may determine through regulations and these may include—

(a) the submission of a map identifying the area of land which forms the pilot zone;

(b) a business plan identifying the need for the creation of a pilot zone;

(c) a community consultation plan identifying an adequate consultation process about the creation of a pilot zone;

(d) what constitutes eligible infrastructure for the purpose of a pilot zone;

(e) what proportion of the national non-domestic rates within the zone is appropriate to retain; and

(f) for what duration the proportion of the national non-domestic rates within the zone can be retained for.

(5) In this section—

“tax increment financing pilot zone” means any area of land designated by the Mayor for regeneration through the provision of infrastructure, and financed in accordance with subsection (2) and regulations, if issued, by the Secretary of State;

“business plan” means an explanation of how the pilot zone will be financed.”

Page 174, line 14, after “Assembly” insert “or those London borough councils whose borough contains any part of the designated area”

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 14, at end insert—

“(c) must ensure that at least one-sixth of the total number of members are representatives of London borough councils whose borough contains any part of the designated area, and

(d) must ensure that the MDC contains at least one representative from each of the London borough councils whose borough contains any part of the designated 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 2, leave out from “MDC” to end of line 3

Page 401, line 3, at end insert—

“(3A) A committee or sub-committee must include at least one elected representative from each of those London borough councils whose borough contains any part of the designated area.

(3B) A committee or sub-committee concerned with planning functions must draw at least half of its membership from those London borough councils whose borough contains any part of the designated area.”

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

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

Page 178, line 34, after “Assembly” insert “or those London borough councils whose borough contains any part of the designated area”

Page 402, line 22, at end insert—

1A In section 1(4) of the Local Authorities (Goods and Services Act) 1970 (supply of goods and services by local authorities: interpretation) in the definition of “local authority” after “(joint waste authorities)” insert “, a Mayoral development corporation”.”

Page 188, line 27, at end insert—

“(3A) Before making or varying a delegation under subsection (1) above, a Minister of the Crown must consult—

(a) each London borough council,

(b) the Common Council, and

(c) the Assembly.”

Page 188, 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.”

Insert the following new Clause—

“Sharing of administrative etc services by London Authorities

(1) Section 401A of the Greater London Authority Act 1999 (sharing of administrative etc services by the Greater London Authority and functional bodies) is amended as follows.

(2) In subsection (1) (definition of “constituent body”)—

(a) for “constituent body” substitute “relevant London authority”, and

(b) at the end of paragraph (b) insert “,

(c) the London Pensions Fund Authority,

(d) the London Transport Users’ Committee,

(e) the Commissioner of Police of the Metropolis, and

(f) such person or body falling within subsection (1A) as the Secretary of State may specify by order.”

(3) After that subsection insert—

“(1A) A person or body falls within this subsection if the person or body exercises functions of a public nature in relation only to—

(a) Greater London,

(b) a part of Greater London, or

(c) a part of England including Greater London or a part of Greater London.”

(4) In subsection (2) (power of constituent bodies to enter into arrangements for provision of administrative etc services), for “constituent bodies” substitute “relevant London authorities”.

(5) In subsection (3) (arrangements may include discharge of functions by one constituent body on behalf of another)—

(a) for “constituent bodies” substitute “relevant London authorities”, and

(b) for “constituent body” substitute “relevant London authority”.

(6) In subsection (4) (power of constituent bodies to form joint committees) for “constituent bodies” substitute “relevant London authorities”.

(7) In subsection (5) (joint committee to be treated as separate from constituent bodies for purposes of section)—

(a) for “constituent body” substitute “relevant London authority”, and

(b) for “constituent bodies” substitute “relevant London authorities”.

(8) After subsection (6) insert—

“(6A) The Secretary of State must consult a person or body before making an order under subsection (1)(f) specifying that person or body.”

(9) In section 420(8) of that Act (orders subject to annulment) after the entry for section 395 insert “401A(1)(f);”.”

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 under 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).”

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”.”

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 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.”

Page 18, line 17, at end insert—

“(5A) Subject to subsection (5B), section 18A(1) does not authorise charging for action taken under section 6.

(5B) Subsection (5A) does not prevent charging for the giving of advice, other than advice of the kind mentioned in section 6(2)(b), in relation to premises where a trade, business or other undertaking is carried on (whether for profit or not).”

Insert the following new Clause—

Power to transfer local public functions to permitted authorities

(1) The Secretary of State may by order make provision—

(a) transferring a local public function from the public authority whose function it is to a permitted authority;

(b) about the discharge of local public functions that are transferred to permitted authorities under this section (including provision enabling the discharge of those functions to be delegated).

(2) An order under this section may modify any enactment (whenever passed or made) for the purpose of making the provision mentioned in subsection (1).

(3) The power to modify an enactment in subsection (2) is a power—

(a) to apply that enactment with or without modifications,

(b) to extend, disapply or amend that enactment, or

(c) to repeal or revoke that enactment with or without savings.

(4) An order under this section may disapply, or modify the application of, Chapter 4 of Part 1A of the Local Government Act 2000 (changing local authority governance arrangements) in relation to a county council or district council to which the order transfers a local public function.

(5) The Secretary of State may not make an order under this section unless the Secretary of State considers that it is likely that making the order would—

(a) promote economic development or wealth creation, or

(b) increase local accountability in relation to each local public function transferred by the order.

(6) For the purposes of subsection (5)(b), in relation to a local public function, local accountability is increased if the exercise of the function becomes more accountable to persons living or working in the area of the permitted authority to which it is transferred.

(7) The Secretary of State may not make an order under this section unless the Secretary of State considers that the local public function transferred by the order can appropriately be exercised by the permitted authority to which it is transferred.

(8) The Secretary of State may not make an order under this section transferring a local public function to a permitted authority unless the authority has consented to the transfer.

(9) Before making an order under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.”

Insert the following new Clause—

“Delegation of functions by Ministers to permitted authorities

(1) A Minister of the Crown may, to such extent and subject to such conditions as that Minister thinks fit, delegate to a permitted authority any of the Minister’s eligible functions.

(2) A function is eligible for the purposes of subsection (1) if—

(a) it does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges, and

(b) the Minister of the Crown considers that it can appropriately be exercised by the permitted authority.

(3) No delegation under subsection (1), and no variation of a delegation under that subsection, may be made without the agreement of the permitted authority.

(4) Before delegating a function under subsection (1), the Minister of the Crown must consult such persons as the Minister considers appropriate.

(5) A delegation under subsection (1) may be revoked at any time by any Minister of the Crown.”

Insert the following new Clause—

“Transfer schemes

(1) The Secretary of State may make a scheme for the transfer of property, rights or liabilities from the person who, or body which, would have a local public function but for an order under section (Power to transfer local public functions to permitted authorities) to the permitted authority to which the function is transferred.

(2) A Minister of the Crown may make a scheme for the transfer from the Crown to a permitted authority of such property, rights or liabilities as the Minister of the Crown considers appropriate in consequence of a delegation, or the variation of a delegation, under section (Delegation of functions by Ministers to permitted authorities) of a function of any Minister of the Crown to the permitted authority.

(3) A Minister of the Crown may make a scheme for the transfer from a permitted authority to the Crown of such property, rights or liabilities as the Minister of the Crown considers appropriate in consequence of a variation or revocation of a delegation under section (Delegation of functions by Ministers to permitted authorities) of a function of any Minister of the Crown to the permitted authority.

(4) The things that may be transferred under a transfer scheme include—

(a) property, rights or liabilities that could not otherwise be transferred;

(b) property acquired, or rights or liabilities arising, after the making of the order.

(5) A transfer scheme may make consequential, supplementary, incidental and transitional provision and may in particular make provision—

(a) for a certificate issued by a Minister of the Crown to be conclusive evidence that property has been transferred;

(b) creating rights, or imposing liabilities, in relation to property or rights transferred;

(c) about the continuing effect of things done by or in relation to the transferor in respect of anything transferred;

(d) about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;

(e) for references to the transferor in an instrument or other document relating to anything transferred to be treated as references to the transferee;

(f) for the shared ownership or use of property;

(g) that has the same or similar effect as the TUPE regulations (so far as those regulations do not apply in relation to the transfer).

(6) A transfer scheme may provide—

(a) for modification by agreement;

(b) for modifications to have effect from the date when the original scheme came into effect.

(7) For the purposes of this section—

(a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and

(b) the terms of the individual’s employment in the civil service are to be regarded as constituting the terms of the contract of employment.

(8) In this section—

“civil service” means the civil service of the State;

“transferee”, in relation to a transfer scheme, means the person to whom property, rights or liabilities are transferred by the scheme;

“transferor”, in relation to a transfer scheme, means the person from whom property, rights or liabilities are transferred by the scheme;

“transfer scheme” means a scheme for the transfer of property, rights or liabilities under subsection (1), (2) or (3);

“TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);

references to rights and liabilities include rights and liabilities relating to a contract of employment;

references to the transfer of property include the grant of a lease.”

Insert the following new Clause—

“Duty to consider proposals for exercise of powers under sections (Power to transfer local public functions to permitted authorities) and (Transfer schemes)

(1) If the Secretary of State receives a relevant proposal from a permitted authority, the Secretary of State must—

(a) consider the proposal, and

(b) notify the permitted authority of what action, if any, the Secretary of State will take in relation to the proposal.

(2) The Secretary of State may by regulations specify criteria to which the Secretary of State must have regard in considering a relevant proposal.

(3) For the purposes of this section, a “relevant proposal” is a proposal—

(a) for the exercise of the Secretary of State’s powers in sections (Power to transfer local public functions to permitted authorities) and (Transfer schemes) in relation to the permitted authority, and

(b) that is accompanied by such information and evidence as the Secretary of State may specify by regulations.

(4) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.”

Insert the following new Clause—

“Orders under section (Power to transfer local public functions to permitted authorities): procedure

(1) Before making an order under section (Power to transfer local public functions to permitted authorities), the Secretary of State must lay a draft of the instrument containing the order (the “draft order”) before each House of Parliament.

(2) The Secretary of State must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(3) If, after the expiry of the 60-day period, the Secretary of State wishes to make an order in the terms of the draft order, the Secretary of State must lay before Parliament a statement—

(a) stating whether any representations were made under subsection (2)(a), and

(b) if any representations were so made, giving details of them.

(4) The Secretary of State may after the laying of such a statement make an order in the terms of the draft order if it is approved by a resolution of each House of Parliament.

(5) However, a committee of either House charged with reporting on the draft order may, at any time after the laying of the statement under subsection (3) and before the draft order is approved by that House under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft order.

(6) Where a recommendation is made by a committee of either House under subsection (5) in relation to a draft order, no proceedings may be taken in relation to the draft order in that House under subsection (4) unless the recommendation is, in the same Session, rejected by a resolution of that House.

(7) If, after the expiry of the 60-day period, the Secretary of State wishes to make an order consisting of a version of the draft order with material changes, the Secretary of State must lay before Parliament—

(a) a revised draft order, and

(b) a statement giving details of—

(i) any representations made under subsection (2)(a), and

(ii) the revisions proposed.

(8) The Secretary of State may after laying a revised draft order and statement under subsection (7) make an order in the terms of the revised draft order if it is approved by a resolution of each House of Parliament.

(9) However, a committee of either House charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (7) and before it is approved by that House under subsection (8), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.

(10) Where a recommendation is made by a committee of either House under subsection (9) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House under subsection (8) unless the recommendation is, in the same Session, rejected by resolution of that House.

(11) For the purposes of subsections (4) and (8) an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.

(12) If a draft of an instrument containing an order under section (Power to transfer local public functions to permitted authorities) 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.

(13) In this section, the “60-day period” means the period of 60 days beginning with the day on which the draft order was laid before Parliament.

(14) In calculating the period mentioned in subsection (13), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.”

Insert the following new Clause—

“Interpretation of Chapter 2A

In this Chapter—

“enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

“local public function”, in relation to a permitted authority, means a public function in so far as it relates to—

(a) the permitted authority’s area, or

(b) persons living, working or carrying on activities in that area;

“permitted authority” means—

(a) a county council in England,

(b) a district council,

(c) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, or

(d) a combined authority established under section 103 of that Act;

“public authority” includes a Minister of the Crown or a government department;

“public function” means a function of a public authority that does not consist of a power to make regulations or other instruments of a legislative character.”

Insert the following new Clause—

Integrated Transport Authorities

In Part 5 of the Local Transport Act 2008 (integrated transport authorities etc) after section 102A insert—

102B Powers of Integrated Transport Authorities

(1) An ITA may do—

(a) anything the ITA considers appropriate for the purposes of the carrying-out of any of the ITA’s functions (the ITA’s “functional purposes”),

(b) anything the ITA considers appropriate for purposes incidental to the ITA’s functional purposes,

(c) anything the ITA considers appropriate for purposes indirectly incidental to the ITA’s functional purposes through any number of removes,

(d) anything the ITA considers to be connected with—

(i) any of the ITA’s functions, or

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

(e) for a commercial purpose anything which the ITA may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.

(2) Where subsection (1) confers power on an ITA to do something, it confers power (subject to section 102C) to do it anywhere in the United Kingdom or elsewhere.

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

(4) Subsection (5) applies if there is, in relation to an ITA—

(a) a Passenger Transport Executive established under section 9 of the TA 1968 for the integrated transport area of the ITA, or

(b) an executive body established by virtue of section 79(1)(a) or 84(2)(d).

(5) The ITA may delegate to the Executive or body the ITA’s function of taking action under subsection (1) (but not the function of determining what action to take).

102C Boundaries of power under section 102B

(1) Section 102B(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 the ITA’s power under section 102B(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 the ITA’s power under section 102B(1).

(2) If exercise of a pre-commencement power of an ITA is subject to restrictions, those restrictions apply also to exercise of the power conferred on the ITA by section 102B(1) so far as it is overlapped by the pre-commencement power.

(3) Section 102B(1) does not authorise an ITA to borrow money.

(4) Section 102B(1)(a) to (d) do not authorise an ITA to charge a person for anything done by the ITA otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of ITAs and other best value authorities to charge for discretionary services)).

(5) Section 102B(1)(e) does not authorise an ITA to do things for a commercial purpose in relation to a person if a statutory provision requires the ITA to do those things in relation to the person.

(6) Where under section 102B(1)(e) 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 Co-operative and Community Benefit Societies and Credit Unions Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969.

(7) 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 (Integrated Transport Authorities)(1) of that Act;

“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 (Integrated Transport Authorities)(1) of that Act;

“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 (Integrated Transport Authorities)(1) of that Act;

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

102D Power to make provision supplemental to section 102B

(1) The Secretary of State may by order made by statutory instrument make provision preventing ITAs from doing under section 102B(1) anything which is specified, or is of a description specified, in the order.

(2) The Secretary of State may by order made by statutory instrument provide for the exercise by ITAs of power conferred by section 102B(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

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

(a) all ITAs,

(b) particular ITAs, or

(c) particular descriptions of ITAs.

(4) Before making an order under subsection (1) or (2) the Secretary of State must consult—

(a) such representatives of ITAs,

(b) such representatives of local government, and

(c) such other persons (if any),

as the Secretary of State considers appropriate.

(5) Subsection (4) does not apply to an order under subsection (1) or (2) 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 ITA or to ITAs of a particular description, or

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

(6) Power to make an order under this section includes—

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

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

(7) The Secretary of State may not make an order to which subsection (8) applies unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(8) This subsection applies to—

(a) an order under subsection (1), other than one that is made only for the purpose mentioned in subsection (5)(b);

(b) an order under subsection (2), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose.

(9) A statutory instrument that—

(a) contains an order made under this section, and

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

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

Insert the following new Clause—

“Passenger Transport Executives

(1) In Part 2 of the Transport Act 1968 (integrated transport authorities etc) after section 10 insert—

“10A Further powers of Executives

(1) The Executive of an integrated transport area in England may do—

(a) anything the Executive considers appropriate for the purposes of the carrying-out of any of the Executive’s functions (the Executive’s “functional purposes”),

(b) anything the Executive considers appropriate for purposes incidental to the Executive’s functional purposes,

(c) anything the Executive considers appropriate for purposes indirectly incidental to the Executive’s functional purposes through any number of removes,

(d) anything the Executive considers to be connected with—

(i) any of the Executive’s functions, or

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

(e) for a commercial purpose anything which the Executive may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.

(2) Where subsection (1) confers power on the Executive to do something, it confers power (subject to section 10B) to do it anywhere in the United Kingdom or elsewhere.

(3) The Executive’s power under subsection (1) is in addition to, and is not limited by, the other powers of the Executive.

10B Boundaries of power under section 10A

(1) Section 10A(1) does not enable the Executive to do—

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

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

(i) to the Executive’s power under section 10A(1),

(ii) to all of the Executive’s powers, or

(iii) to all of the Executive’s powers but with exceptions that do not include the Executive’s power under section 10A(1).

(2) If exercise of a pre-commencement power of the Executive is subject to restrictions, those restrictions apply also to exercise of the power conferred on the Executive by section 10A(1) so far as it is overlapped by the pre-commencement power.

(3) Section 10A(1) does not authorise the Executive to borrow money.

(4) Section 10A(1)(a) to (d) do not authorise the Executive to charge a person for anything done by the Executive otherwise than for a commercial purpose, but this does not limit any power to charge that the Executive has otherwise than under section 10A(1)(a) to (d).

(5) Section 10A(1)(e) does not authorise the Executive to do things for a commercial purpose in relation to a person if a statutory provision requires the Executive to do those things in relation to the person.

(6) Where under section 10A(1)(e) the Executive 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 Co-operative and Community Benefit Societies and Credit Unions Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969.

(7) 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 (Passenger Transport Executives)(1) of that Act;

“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 (Passenger Transport Executives)(1) of that Act;

“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 (Passenger Transport Executives)(1) of that Act;

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

10C Power to make provision supplemental to section 10A

(1) The Secretary of State may by order make provision preventing the Executive from doing under section 10A(1) anything which is specified, or is of a description specified, in the order.

(2) The Secretary of State may by order provide for the exercise by the Executive of power conferred by section 10A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

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

(a) all Executives,

(b) particular Executives, or

(c) particular descriptions of Executives.

(4) Before making an order under subsection (1) or (2) the Secretary of State must consult—

(a) such representatives of Executives,

(b) such representatives of local government, and

(c) such other persons (if any),

as the Secretary of State considers appropriate.

(5) Subsection (4) does not apply to an order under subsection (1) or (2) 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 Executive or to Executives of a particular description, or

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

(6) Power to make an order under this section includes—

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

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

(7) A statutory instrument containing an order to which subsection (8) applies (whether alone or with other provisions) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(8) This subsection applies to—

(a) an order under subsection (1), other than one that is made only for the purpose mentioned in subsection (5)(b);

(b) an order under subsection (2), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose.

(9) A statutory instrument that—

(a) contains an order made under this section, and

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

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

(2) In section 10(1) of the Transport Act 1968 (powers of a Passenger Transport Executive)—

(a) in paragraph (xxvii) (power to invest sums not immediately needed) for “any sums which are not immediately required by them for the purposes of their business” substitute “their money”, and

(b) in paragraph (xxviii) (power to turn unneeded resources to account) omit “so far as not required for the purposes of their business”.

(3) In section 22 of the Transport Act 1968 (orders under Part 2 of that Act to be subject to annulment) after subsection (2) insert—

“(2A) Subsections (1) and (2) of this section do not apply in relation to orders under section 10C of this Act (but see subsections (7) to (9) of that section).”

(4) In section 93(9) of the Local Government Act 2003 (authorities with power under section 93 to charge for discretionary services) before paragraph (b) insert—

“(ab) the Passenger Transport Executive of an integrated transport area in England;”.

(5) In section 95(7) of the Local Government Act 2003 (power to authorise certain authorities to do for commercial purposes things that they can do for non-commercial purposes) in the definition of “relevant authority” before paragraph (b) insert—

“(ab) the Passenger Transport Executive of an integrated transport area in England;”.”

Insert the following new Clause—

“Further amendments

(1) In section 146A of the Local Government Act 1972 (application of provisions to certain joint and other authorities)—

(a) in subsection (1) for “or (1A)” substitute “, (1ZD) or (1ZE)”, and

(b) after subsection (1ZC) (which is inserted by section 9 of this Act) insert—

“(1ZD) An Integrated Transport Authority is not to be treated as a local authority for the purposes of section 111 above (but see section 102B of the Local Transport Act 2008).

(1ZE) Neither an economic prosperity board, nor a combined authority, is to be treated as a local authority for the purposes of section 111 above (but see section 113A of the Local Democracy, Economic Development and Construction Act 2009).”

(2) In section 93(7) of the Local Government Act 2003 (provisions that do not count as prohibitions on charging for the purposes of section 93(2)(b)) after paragraph (c) insert—

“(d) section 100(2) of the Local Transport Act 2008 (well-being powers of Integrated Transport Authorities and combined authorities),

(e) section 102C(4) of that Act (Integrated Transport Authorities),

(f) section 10B(4) of the Transport Act 1968 (Passenger Transport Executives), and

(g) section 113B(4) of the Local Democracy, Economic Development and Construction Act 2009 (economic prosperity boards and combined authorities).””

Insert the following new Clause—

“Economic prosperity boards and combined authorities

(1) In Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (economic prosperity boards and combined authorities) after section 113 insert—

113A General power of EPB or combined authority

(1) An EPB or combined authority may do—

(a) anything it considers appropriate for the purposes of the carrying-out of any of its functions (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 anything which it may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.

(2) Where subsection (1) confers power on an EPB or combined authority to do something, it confers power (subject to section 113B) to do it anywhere in the United Kingdom or elsewhere.

(3) Power conferred on an EPB or combined authority by subsection (1) is in addition to, and is not limited by, its other powers.

113B Boundaries of power under section 113A

(1) Section 113A(1) does not enable an EPB or combined authority to do—

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

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

(i) to its power under section 113A(1),

(ii) to all of its powers, or

(iii) to all of its powers but with exceptions that do not include its power under section 113A(1).

(2) If exercise of a pre-commencement power of an EPB or combined authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 113A(1) so far as that power is overlapped by the pre-commencement power.

(3) Section 113A(1) does not authorise an EPB or combined authority to borrow money.

(4) Section 113A(1)(a) to (d) do not authorise an EPB or combined authority to charge a person for anything done by it otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of EPBs, combined authorities and other best value authorities to charge for discretionary services)).

(5) Section 113A(1)(e) does not authorise an EPB or combined authority to do things for a commercial purpose in relation to a person if a statutory provision requires it to do those things in relation to the person.

(6) Where under section 113A(1)(e) an EPB or combined authority 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 Co-operative and Community Benefit Societies and Credit Unions Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969.

(7) 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 (Economic prosperity boards and combined authorities)(1) of that Act;

“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 (Economic prosperity boards and combined authorities)(1) of that Act;

“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 (Economic prosperity boards and combined authorities)(1) of that Act;

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

113C Power to make provision supplemental to section 113A

(1) The Secretary of State may by order make provision preventing EPBs or combined authorities from doing under section 113A(1) anything which is specified, or is of a description specified, in the order.

(2) The Secretary of State may by order provide for the exercise by EPBs or combined authorities of power conferred by section 113A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

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

(a) all EPBs,

(b) all combined authorities,

(c) particular EPBs,

(d) particular combined authorities,

(e) particular descriptions of EPBs, or

(f) particular descriptions of combined authorities.

(4) Before making an order under subsection (1) or (2) the Secretary of State must consult—

(a) such representatives of EPBs or combined authorities,

(b) such representatives of local government, and

(c) such other persons (if any),

as the Secretary of State considers appropriate.

(5) Subsection (4) does not apply to an order under subsection (1) or (2) 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 EPB or combined authority or to EPBs or combined 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 EPB or combined authority or to EPBs or combined authorities of a particular description.

(6) Power to make an order under this section includes—

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

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

(2) For section 117(2) and (3) of the Local Democracy, Economic Development and Construction Act 2009 (affirmative procedure applies to orders under Part 6 other than certain orders under section 116) substitute—

“(2) An order to which subsection (2A) applies may not be made unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(2A) This subsection applies to an order under this Part other than—

(a) an order under section 113C(1) that is made only for the purpose mentioned in section 113C(5)(b),

(b) an order under section 113C(2) that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose, or

(c) an order under section 116 that amends or revokes provision contained in an instrument subject to annulment by resolution of either House of Parliament.

(3) A statutory instrument that—

(a) contains an order under this Part, and

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

is subject to annulment by resolution of either House of Parliament.””

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 228, line 27, leave out from beginning to end of line 37 on page 230

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 242, line 42, leave out from the beginning to the end of line 38 on page 243

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 3, leave out “9HA,”

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

Page 261, line 8, leave out “9HA or”

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 267, line 32, leave out sub-paragraph (2)

Page 267, line 33, leave out sub-paragraph (3)

Page 268, line 1, leave out sub-paragraph (2)

Page 268, line 13, leave out paragraph 14

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 2, leave out subsection (1) and insert—

“( ) A relevant authority must adopt a code dealing with the conduct that is expected of members and co-opted members of the authority when they are acting in that capacity (referred to in this section as a “financial code of conduct”) and where there is an actual or perceived conflict of interest between their position and their private financial interests.

( ) A relevant authority may also adopt a code dealing with other conduct that is expected of members and co-opted members of the authority when they are acting in that capacity (referred to in this section as a “code of conduct”).”

Page 23, line 2, leave out subsections (1) and (2) and insert—

“( ) It is the duty of a relevant authority to adopt a code of conduct drawn up by representatives of local government as specified by the Secretary of State regarding the conduct which is expected of members and co-opted members of relevant authorities in England.

( ) The code of conduct—

(a) must be consistent with the principles of—

(i) selflessness,

(ii) integrity,

(iii) objectivity,

(iv) accountability,

(v) openness,

(vi) honesty, and

(vii) leadership;

(b) must include provisions on registration and declaration of financial and other interests;

(c) may include other provisions that are mandatory; and

(d) may include provisions that are optional.”

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)”

Insert the following new Clause—

“Standards committees

(1) A relevant authority must establish a standards committee to discharge functions in respect of section 17(3) and (4).

(2) The standards committee must be chaired by a person who is not a member or officer of that or another relevant authority and at least 25% of the members of the standards committee must also be independent of a relevant authority.”

Insert the following new Clause—

“Appeals

(1) The Secretary of State may appoint a standing appeals panel made up of local government representatives and independent chairs of standards committees.

(2) A member of an authority who has been found to have failed to comply with that authority’s code of conduct may appeal the decision of the standards committee to the appeals panel.”

Leave out Clause 18

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”.”

Leave out Clause 19

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 26, line 13, at end insert—

“( ) The statement may include the approach that the relevant authority has adopted for selecting information on pay policy from a provider, including any potential provider, of goods and services.”

Page 28, line 43, at end insert—

“( ) In this Chapter, “employees” includes staff, whether directly or indirectly employed by a relevant authority, who are not chief officers.

( ) In this Chapter, “indirectly employed” shall be interpreted in accordance with guidance to be issued by the Secretary of State after consultation with—

(a) representatives,

(b) employees, and

(c) representatives of employees,

of the relevant authorities.”

Insert the following new Clause—

“Power to require property to be maintained to appropriate standard

A local authority may by byelaws make provision requiring that, on receipt by the local authority of a petition from residents of a particular street or other residential area to the effect that one or more properties in their street or area are not being maintained to the standard appropriate to properties in that street or area, the owners of the property carry out such reasonable repairs and maintenance as are necessary to keep the property up to the average standard of repair of the other properties in the street or area.”

Insert the following new Clause—

“Power to make byelaws about smoke-free places

(1) A local authority may make byelaws designating as smoke-free any place or description of place that is not smoke-free under section 2 of the Health Act 2006.

(2) The place, or places falling within the description, need not be enclosed or substantially enclosed.

(3) The byelaws may provide for such places, or places falling within the description, to be smoke-free only—

(a) in specified circumstances,

(b) at specified times,

(c) if specified conditions are satisfied,

(d) in specified areas,

or any combination of those.

(4) Terms used in this section have the same meanings as in the Health Act 2006.”

Insert the following new Clause—

“Licensing of pedicabs

(1) A local authority may by byelaws establish a scheme for the licensing of pedicabs in its area.

(2) Such a licensing scheme may make provision about—

(a) the compliance of pedicabs with road traffic legislation;

(b) where pedicabs may be stationary whilst seeking business;

(c) the playing of music in pedicabs;

(d) the roadworthiness and appearance of pedicabs; and

(e) such other matters as the local authority may determine.

(3) In this section “pedicab” means a cycle constructed or adapted—

(a) to seat one or more passengers; and

(b) for the purpose of being made available with a driver in the course of a business for the purpose of carrying passengers.”

Insert the following new Clause—

Variation of licences: abolition of permitted areas

(1) A relevant local authority may consider and, if thought fit, grant an application to vary a converted casino premises licence so that it relates to premises to which it did not previously relate and may do so regardless of whether or not—

(a) the premises to which the application relates are situated in the area of the relevant local authority which issued the licence; and

(b) the area of the relevant local authority in which those premises are situated was a permitted area when the converted casino premises licence was originally issued.

(2) Subsection (1) shall not require a relevant local authority to consider any application to vary a converted casino premises licence if that local authority has passed a resolution under section 166 of the Gambling Act 2005 (resolution not to issue casino licences) and that resolution is in effect at the time the application is made.

(3) In Schedule 4 to the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) Order 2006 (transitional provisions), for sub-paragraph (13) of paragraph 65 (application of the Gambling Act 2005 to casino premises licences granted on a conversion application) substitute—

“(13) An application to vary a converted casino premises licence so that it relates to premises to which it did not previously relate shall be made—

(a) in the case of premises wholly or partly situated in the area of the licensing authority which issued the licence, to that licencing authority; or

(b) in the case of premises wholly or partly situated in the area of another licensing authority, to that other licensing authority, and section 213(f) (definition of licensing authority) shall apply to such an application as if the licensing authority considering such an application under paragraph (b) was the authority which issued that licence.

(14) Nothing in paragraph (13)(b) shall require a licensing authority to consider or grant an application to vary a converted casino premises licence so that it relates to premises to which it did not previously relate if—

(a) the premises are wholly or partly situated in the area of a licensing authority which did not issue the licence; and

(b) the licensing authority has resolved under section 166 not to issue casino premises licences and that resolution is in effect at the time the application is made.”.

(4) In this section—

“converted casino premises licence” has the same meaning as in the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) Order 2006;

“permitted area” means the area of a local authority which was a permitted area for the purposes of the Gaming Act 1968;

“relevant local authority” means a local authority in England, Wales or Scotland which is a licensing authority under the Gambling Act 2005.”

Insert the following new Clause—

“Litter deposited from motor vehicles

(1) Local authorities may make byelaws about litter deposited from motor vehicles.

(2) Such byelaws may include provisions about—

(a) the application of section 87 of the Environmental Protection Act 1990 (offence of leaving litter) to litter deposited from motor vehicles;

(b) the procedures for identifying the person in charge of a motor vehicle; and

(c) the information which the registered keeper of a vehicle may be required to provide the local authority.”

Page 40, line 3, leave out “5%” and insert “10%”

Page 41, line 28, at end insert—

“( ) The fourth ground is that the referendum question includes or relates to planning matters.”

Page 42, line 23, at end insert “, and

“(c) it is not a decision related to or including planning matters.”

Page 48, line 4, leave out from first “council” to end of line 5 and insert “or a London borough council, a ward;”

Page 48, line 10, at end insert—

“( ) in relation to the Common Council of the City of London, the City of London;”

Page 48, line 20, leave out paragraph (b)

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

Insert the following new Clause—

“Freedom of information and contracts

(1) Any contract for any sum over £1 million made by a relevant authority with any person after the coming into force of this section shall be deemed to include a freedom of information provision.

(2) Where such a contract is to any extent performed by means of a sub-contract, that sub-contract shall be deemed to include a freedom of information provision.

(3) In this section a “freedom of information provision” means a provision stipulating that all information relating to the performance of the contract which is held by—

(a) the contractor,

(b) a sub-contractor, and

(c) any other person on behalf of the contractor or sub-contractor,

is, notwithstanding any contrary provision, deemed to be held on behalf of the relevant authority for the purpose of section 3(2)(b) of the Freedom of Information Act 2000 or regulation 3(2)(b) of the Environmental Information Regulations 2004.

(4) A freedom of information provision shall not require—

(a) a contractor to disclose to the relevant authority any communication between itself and a professional legal adviser in connection with the giving of legal advice to it with respect to its obligations, liabilities or rights in relation to the relevant authority under the contract;

(b) a sub-contractor to disclose to the contractor any communication between a professional legal adviser and itself in connection with the giving of legal advice to it with respect to its obligations, liabilities or rights in relation to the contractor under the contract.”

Insert the following new Clause—

“Publicly owned companies

(1) The Freedom of Information Act 2000 is amended as follows.

(2) In section 6(1)(b), at the end insert—

“(c) at least fifty per cent of its shares are owned by one or more relevant authorities.”

(3) In section 6(3), at the end insert—

““relevant authority” has the same meaning as in section 14(4) of the Localism Act 2011.””

Insert the following new Clause—

“Annual report on compliance with the Freedom of Information Act 2000 etc

(1) A relevant authority shall publish an annual report on its compliance with the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, which shall include information about—

(a) the numbers of requests which it has received, its responses to them and the timeliness of those responses;

(b) any fees or charges made in connection with those requests;

(c) the number of complaints about its handling of requests which it has received, the outcomes of those complaints and the time it has taken to deal with them;

(d) the number of complaints made to the Information Commissioner in respect of the authority and the outcome of those complaints.

(2) The Secretary of State may by regulations prescribe—

(a) further particulars that are to be contained in the annual report required under this section, and

(b) the form in which the information contained in the annual report required under this section is to be presented.”

Page 63, line 33, after second “land” insert “(except land where privately owned), assets, services and facilities in its area that are currently”

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

Insert the following new Clause—

“Definition of “community value”

Within six months of this section coming into force, the Secretary of State must publish the criteria by which an asset must be assessed in order to be defined as being of community value.”

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

Page 77, leave out lines 7 to 9

Page 84, line 9, at end insert—

“( ) Where a local authority has a scheme or process of neighbourhood engagement and localised planning that promotes and enables the involvement of the residents and businesses of its area, within their local neighbourhoods, and that process has been agreed by the Secretary of State to—

(a) meet the objectives set out in section 61F, 5(a)(i) and (ii) of the Town and Country Planning Act 1990 as amended by Schedule 9 to this Act, and

(b) constitute a sufficient process of local engagement to enable the making of neighbourhood development orders and neighbourhood plans on the basis of informed involvement and consent,

that local authority may make such orders or plans on behalf of local residents without the establishment of neighbourhood forums or the holding of a referendum.”

Page 319, line 22, after “there (” insert “whether as an employee, owner or volunteer and”

Page 324, line 36, 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.”

Page 328, leave out lines 18 to 25 and insert—

“(4) A local planning authority must make a neighbourhood development plan or order unless—

(a) one or more of the relevant ward members expresses disagreement;

(b) the local planning authority receives a petition signed by a minimum of 5% of voters in the areas covered by the plan or order; or

(c) the local authority thinks it expedient to hold a referendum.”

Page 328, line 25, at end insert—

“(4A) If the provisions in subsection (4) apply then the local authority must hold a referendum.”

Page 328, line 34, at end insert—

“(5A) The local authority must make the plan as soon as practicable if—

(a) it is satisfied that no objections described in subsection (4) have been received; or

(b) the conditions in subsection (4) have been met after any referendum has been held and more than half of those voting in a referendum have voted in favour of the plan or order.”

Page 328, line 35, leave out “subsection (4)(a)” and insert “section 4”

Page 329, line 37, at end insert—

“(38AA) Additional rights of qualifying bodies

(1) A qualifying body may, in the course of the preparation of a neighbourhood development plan, enter into negotiations with landowners and others with a view to them concluding agreements with the local authority that, in the event of the neighbourhood plan being adopted and of specified other events, specified additional contributions will be made to the community by landowners or others.

(2) Qualifying bodies may, in conjunction with neighbourhood development plans, promote referendums on or proposals for parishing in order to present integrated proposals for the development of the community.”

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 90, line 20, at end insert—

“70D Requirement for consultation on retrospective application

A local planning authority must, on receipt of an application for retrospective planning permission, notify and consult on the application those who were notified and consulted on the original application, and must have regard to any responses to the further consultation.”

Page 94, line 36, at end insert—

“( ) In section 171B (time limits), after subsection (4)(b) insert—

“(c) at any time taking enforcement action in accordance with an enforcement order which has not been complied with by the party that has breached planning control.””

Page 96, line 31, at end insert “and

(c) an appeal against the removal notice has been submitted to the local magistrates’ court under subsection (16),”

Page 97, line 28, at end insert—

“(16) The power under subsection (1) is subject to a standard right of appeal in a local magistrates’ court identical to that which exists under section 225C.”

Page 99, line 13, leave out “notice under section 225B” and insert “notices under section 225A or 225B”

Page 99, line 14, after “section” insert “225A(3) and (5) or”

Page 99, line 24, after “of” insert “a display structure or”

Page 99, line 25, after “section” insert “225A(5) or”

Page 99, line 28, after “surface” insert “or display structure”

Page 99, line 40, after “section” insert “225A(3) and (5) or”

Page 99, line 42, after “section” insert “225A(3) and (5) or”

Page 99, line 44, after “section” insert “225A(7) or”

Insert the following new Clause—

“Planning permission for development under land

After section 75 of the Town and Country Planning Act 1990 insert—

“75A Planning permission for development under land

(1) In considering an application for planing 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 insurance arrangements or bonds or other security as are specified in the regulations.

(3) A local planning authority may require an applicant for planning permission for a development involving building under land to demonstrate—

(a) that the plans for the proposed development have been produced by a qualified structural engineer;

(b) that the development will be adequately supervised by a qualified structural engineer.””

Insert the following new Clause—

“Code of practice for subterranean development

(1) Any proposed development which extends below the ground level of an existing building or its garden shall be deemed to be a “subterranean development”.

(2) A local planning authority may promulgate a code of practice at any time on the excavation and construction of a subterranean development with a view to lessening the adverse impact of the excavation and construction on adjacent properties and their owners and occupiers and on the wider neighbourhood; and this code may include (but not necessarily exclusively) provisions on—

(a) demonstrating that the necessary works can be undertaken while meeting specified technical standards;

(b) the methods, materials and equipment to be used;

(c) the standards to be observed in relation to noise levels;

(d) the hours of construction and excavation or of particularly noisy types of construction and excavation;

(e) the monitoring of noise and vibration;

(f) the provision of information to adjoining owners; and

(g) other measures to be taken to reduce the risk of damage to neighbouring properties, noise, dust, dirt and the risk of an infestation of vermin.

(3) Local planning authorities shall take account of any guidance issued by the Secretary of State in drawing up such a code of practice.

(4) If a local planning authority has promulgated such a code, it may make the granting of planning consent for a subterrranean development conditional on the developer undertaking to abide by the code or specified element of it.”

Line 22, at end insert “; and

( ) the importance of promoting good health and safety, and minimising the risk of injury or ill health to workers and the public.”

Insert the following new Clause—

“Application of Party Wall etc. Act 1996 to subterranean development

After section 20 of the Party Wall etc. Act 1996 insert—

“20A Application to subterranean development

The requirements of this Act apply to any subterranean development or proposed development.””

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.”

Insert the following new Clause—

“Allowances for disturbance and inconvenience caused by subterranean development

(1) A local planning authority may draw up and periodically amend a scale of allowances which it considers appropriate for payment by the developers of subterranean developments to adjoining owners or occupiers in respect of the disturbance and inconvenience caused by the excavation and construction of the subterranean development.

(2) The scale may take account of—

(a) the noise levels of the development;

(b) the period of time that it takes;

(c) the degree to which parts of the adjoining property are rendered unusable for normal purposes; and

(d) the differential effect on different types of occupants of adjoining properties.

(3) In drawing up such a scale of allowances, the local planning authority shall take account of any guidance issued by the Secretary of State.

(4) “Adjoining owner” and “adjoining occupier” shall be defined as in the Party Wall etc. Act 1996.

(5) If a local planning authority has drawn up and publicised such a scale of allowances, it may make the granting of planning consent for a subterranean development conditional on the developer undertaking to pay an allowance to adjoining owners or occupiers in accordance with the scale.”

Insert the following new Clause—

“Code of practice for developers

(1) A local planning authority may promulgate a code of practice on how building works or particular types of building work should be undertaken so as to minimise the adverse impact of such on adjacent properties, their owners and occupiers, and on the wider neighbourhood without imposing significant additional costs on those undertaking the works.

(2) A code published under subsection (1) may include provisions on—

(a) demonstrating that the necessary works can be undertaken while meeting specified technical standards;

(b) the methods, materials and equipment to be used;

(c) the standards to be observed in relation to noise levels;

(d) the hours of construction and excavation or of particularly noisy types of construction and excavation;

(e) the monitoring of noise and vibration;

(f) the provision of information to adjoining owners; and

(g) other measures to be taken to reduce the risk of damage to neighbouring properties, noise, dust, dirt and the risk of an infestation of vermin.

(3) After section 10(12) of the Party Wall etc. Act 1996 insert—

“(12A) In determining the time and manner of executing any work, surveyors making an award shall have regard to—

(a) the duty of the building owner in section 7(1) not to exercise any right conferred under this Act in such a manner or at such time as to cause any unnecessary inconvenience to any adjoining owner or operator; and

(b) any code of practice issued by the local authority in the relevant area on the timing and the methods of construction, including equipment to be used, for specified types of works under section (Code of practice for developers) of the Localism Act 2011.””

Insert the following new Clause—

“Allowance for inconvenience and disturbance as a result of subterranean excavation

(1) A local authority may issue guidance to surveyors appointed under the Party Wall Act etc. 1996 in the form of a scale of “fair allowances” to be paid under section 11(6) of that Act in respect of any excavation to which section 11(6) of the Act applies.

(2) Local authorities shall take account of any guidance issued by the Secretary of State in drawing up such a scale of allowances.

(3) The Party Wall etc. Act 1996 shall be amended as follows—

(a) in section 11(6) after “the right mentioned in section 2(2)(e)” insert “or any excavation to which this section applies”;

(b) after section 11(6) insert—

“(6A) Where there is a dispute over what constitutes a fair allowance under subsection (6), the surveyor or surveyors must have regard to any guidance issued by the local authority in the area in which the works are taking place.””

Insert the following new Clause—

“Town and village green legislation

(1) Regulations may make provision relating to powers for registration authorities to decline to accept proposals under section 15 of the Commons Act 2006.

(2) The regulations may in particular make provision—

(a) dealing with any case of proposals submitted under section 15 of the Commons Act 2006 where in the view of the registration authority insufficient evidence has been submitted or there is strong evidence that the application could not meet the criteria for registration; and

(b) dealing with costs incurred by the registration authority in amending or dismissing the application in cases of frivolous or vexatious proposals.

(3) Regulations may make provision relating to powers for registration authorities to reject proposals accepted under section 15 of the Commons Act 2006.

(4) The regulations may in particular make provision—

(a) dealing with any case of proposals accepted under section 15 of the Commons Act 2006 and which are subsequently deemed in the view of the registration authority to be frivolous or vexatious; (b) as to the award of costs to relevant parties and as to the parties by whom the costs are to be made.

(5) In subsection (4), an application is “frivolous or vexatious” if it discloses no reasonable grounds for the application or is otherwise an abuse of process.

(6) Section 15(4) of the Commons Act 2006 does not apply in relation to any land where there is an extant planning permission in respect of the whole or any part of the land for the life of the permission.”

Insert the following new Clause—

“Community influence on permitted development

(1) The Town and Country Planning (General Permitted Development Order) 1995 (S.I. 1995/418) is amended as follows.

(2) In article 3 after paragraph (12) insert—

“(13) The permission granted by Schedule 2 shall not apply to development which has been specifically excluded by means of a local referendum held under the Localism Act 2011.””

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 201, line 34, after “section 7(3),” insert—

“(ba) an order under section (Power to transfer local public functions to permitted authorities) (but see section (Orders under section (Power to transfer local public functions to permitted authorities): procedure),”

Page 202, line 7, at end insert—

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

Page 421, line 6, at end insert—

Page 441, line 31, column 2, leave out from “section” to “the” in line 32 and insert “214(4),”

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—

Insert the following new Clause—

“Post-legislative impact assessment

(1) The Secretary of State must produce and lay before Parliament an assessment of additional expenditure incurred by relevant authorities as a direct consequence of this Act within two years of the Act’s commencement.

(2) This assessment will be known as the Localism Act post-legislative impact assessment.

(3) A relevant authority must supply the Secretary of State with such financial information as the Secretary of State may specify for the purposes of enabling the Secretary of State to exercise functions under this section.

(4) In producing the Localism Act post-legislative impact assessment, the Secretary of State must have regard to—

(a) any relevant guidance issued in relation to new financial burdens placed on local authorities;

(b) any relevant pre-commencement regulatory impact assessment; and

(c) information submitted by relevant authorities as the Secretary of State may require.

(5) In this section “relevant authorities” means—

(a) county councils in England;

(b) district councils in England;

(c) London borough councils;

(d) the Common Council of the City of London in its capacity as a local authority;

(e) the Greater London Authority;

(f) the Council of the Isles of Scilly.”

Page 202, line 41, at end insert—

“( ) section 31,”

Page 203, line 10, at end insert “, subject to subsection (6).

(6) Any amendment or repeal made by this Act in the Transport Act 1968 extends to England and Wales only.”

Insert the following new Clause—

“Expiration of sections 135 and 136

(1) Sections 135 and 136 will expire three years after the day on which those sections come into force.

(2) The Secretary of State may, by order, revive sections 135 and 136 if a draft of such an order is laid before and approved by an affirmative resolution of both Houses of Parliament.

(3) An order made under this section is to be made by statutory instrument.

(4) A draft order laid before Parliament under subsection (2) must be accompanied by a copy of the report required under section (Homelessness report).”