Localism Bill

THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments are marshalled in accordance with the Order of 5th September 2011, as follows—

Clauses 184 and 185
Schedule 21
Clauses 186 to 209
Schedule 22
Clauses 210 to 212
Schedule 23
Clauses 213 to 217
Clause 1
Schedule 1
Clauses 2 to 11
Schedule 2
Clause 12
Schedule 3
Clauses 13 to 15
Schedule 4
Clauses 16 to 60
Schedules 5 and 6
Clauses 61 to 67
Schedule 7
Clauses 68 to 97
Schedule 8
Clauses 98 to 104
Schedules 9 to 11
Clauses 105 to 109
Schedule 12
Clauses 110 to 116
Schedule 13
Clauses 117 to 131
Clauses 218 and 219
Schedule 24
Clauses 220 to 223
Schedule 25
Clauses 224 to 227

[Amendments marked * are new or have been altered]

Clause 184

LORD JENKIN OF RODING

LORD MCKENZIE OF LUTON

96

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

Schedule 21

BARONESS HANHAM

97

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.”

LORD JENKIN OF RODING

LORD MCKENZIE OF LUTON

98

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”

BARONESS HANHAM

99

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,”

100

Page 401, line 2, leave out from “MDC” to end of line 3

LORD JENKIN OF RODING

LORD MCKENZIE OF LUTON

101

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.”

BARONESS HANHAM

102

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

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

Clause 189

LORD JENKIN OF RODING

LORD MCKENZIE OF LUTON

103

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

Schedule 22

BARONESS HANHAM

104

Page 402, line 22, at end insert—

“Local Authorities (Goods and Services) Act 1970 (c. 39)

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”.”

Clause 210

BARONESS HANHAM

105

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.”

LORD TRUE

106

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.”

After Clause 216

BARONESS HANHAM

107

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);”.”

After Clause 217

LORD JENKIN OF RODING

BARONESS KRAMER

LORD TOPE

108

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).”

BARONESS KRAMER

109

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”.”

Clause 5

LORD BEECHAM

109A

Page 4, line 9, at end insert—

“(2A) An order under subsection (1) or (2) may not be made in respect of—

(a) this Act; or

(b) any of the provisions listed in Schedule (Statutory exemptions from section 5: supplemental provision).

(2B) The Secretary of State may by order amend Schedule (Statutory exemptions from section 5: supplemental provision) to include additional statutes or Regulations.

(2C) An order made under subsection (2B) is to be made by statutory instrument.

(2D) Before an order may be made under subsection (2B), a draft order must be approved by an affirmative resolution in both Houses of Parliament.

(2E) Schedule (Statutory exemptions from section 5: supplemental provision) has effect.”

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD KENNEDY OF SOUTHWARK

109B

Page 4, line 10, leave out subsections (3) and (4)

Clause 6

LORD BEECHAM

109C*

Page 4, line 40, leave out “any necessary protection”

Clause 9

BARONESS HANHAM

110

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

111

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

Clause 10

BARONESS SMITH OF BASILDON

BARONESS FINLAY OF LLANDAFF

LORD MCKENZIE OF LUTON

112

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.”

BARONESS HANHAM

113

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).”

After Clause 10

LORD MCKENZIE OF LUTON

BARONESS HANHAM

LORD SHIPLEY

114

Insert the following new Clause—

“CHAPTER 2A Transfer and delegation of functions to certain authorities

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.”

115

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.”

116

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.”

117

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.”

118

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.”

119

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.”

BARONESS HANHAM

119A

Insert the following new Clause—

“CHAPTER 2A Other authorities

Integrated Transport Authorities

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

“CHAPTER 4 General powers

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.””

119B

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;”.”

119C

[Re-tabled as amendment 119DA]

119D

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—

“General powers of EPBs and combined authorities

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.””

119DA*

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).””

Before Schedule 2

LORD BEECHAM

119E

Insert the following new Schedule—

“Statutory exemptions from Section 5: supplemental provision

The following Acts and Regulations are not subject to the order-making powers under section 5(1) and (2)—

(a) sections 7 and 13 of the Public Libraries and Museums Act 1964;

(b) section 23 of the Small Holdings and Allotments Act 1908;

(c) Part 3 of and Schedule 2 to the Children Act 1989;

(d) Parts 1 and 2 of the Childcare Act 2006;

(e) Part 2 of the Child Poverty Act 2010;

(f) sections 88 and 149 of the Equality Act 2010;

(g) the Care Standards Act 2000;

(h) section 21 of the Chronically Sick and Disabled Persons Act 1970;

(i) section 145A of the Transport Act 2000;

(j) the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000;

(k) the Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007;

(l) the Disabled Persons (Badges for Motor Vehicles) (England) (Amendment No. 2) Regulations 2007;

(m) the Carers and Disabled Children Act 2000;

(n) the Carers (Recognition and Services) Act 1995;

(o) the Disabled Persons (Services, Consultation and Representation) Act 1986;

(p) Part 8 of the Mental Health Act 1983;

(q) the Community Care, Services for Carers and Children Services (Direct Payments) (England) Regulations 2009;

(r) the Public Health Act 1875;

(s) the Public Health Act 1936;

(t) the Commons Act 2006;

(u) the Countryside and Rights of Way Act 2000;

(v) section 40 of the Natural Environment and Rural Communities Act 2006;

(w) sections 25 and 28E of the Wildlife and Countryside Act 1981;

(x) Part 4 of the Environmental Act 1995;

(y) the Dangerous Wild Animals Act 1976;

(z) the Prevention of Damage by Pests Act 1949;

(aa) the Hedgerow Regulations 1997;

(ab) sections 66 and 72 of the Planning (Listed Building and Conservation Areas) Act 1990;

(ac) sections 12 and 13 of the Ancient Monument and Archaeological Areas Act 1979;

(ad) the National Parks and Access to the Countryside Act 1949;

(ae) section 30 of the Animal Welfare Act 2006;

(af) the Zoo Licensing Act 1981;

(ag) Part 6 of the Marine and Coastal Access Act 2009;

(ah) Schedule 3 to the Flood and Water Management Act 2010;

(ai) Regulation 28 of the Working Time Regulations 1998;

(aj) section 15ZA of the Education Act 1996;

(ak) Parts 1, 2 and 3 of the Food Safety Act 1990;

(al) the Freedom of Information Act 2000;

(am) section 1 of the Housing Grants, Construction and Regeneration Act 1996;

(an) Part 7 of the Housing Act 1996;

(ao) the Homelessness Act 2002;

(ap) Part 2 of the Housing Act 2004;

(aq) Part VA and sections 99 and 148 of the Local Government Act 1972;

(ar) Part 3 and sections 21 and 37 of the Local Government Act 2000;

(as) Part 1 of the Children and Young Persons Act 1969; and

(at) the Adoption and Children Act 2002.”

Schedule 2

LORD BEECHAM

119F*

Page 207, line 27, at beginning insert “Subject to receiving a proposal under sub-paragraph (5),”

119G*

Page 207, line 47, leave out from “be” to end of line 10 on page 208 and insert “likely to ensure that the decisions of the authority are taken in an efficient, transparent and accountable way,

(b) that the arrangements, if prescribed under this section, would be appropriate for all local authorities, or for any particular description of local authority, to consider, and

(c) that the arrangements are consistent with the principles of localism and representative local democracy.”

BARONESS HANHAM

120

Page 211, line 16, leave out “9EA,”

121

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

“(iiia) by an area committee,”

122

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

“(aa) by an area committee,”

123

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

(a) by an area committee, or

(b) ”

124

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

(a) by an area committee, or

(b) ”

125

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.”

126

Page 212, leave out lines 4 to 19

127

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.”

128

Page 212, leave out line 24

129

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

130

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

131

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

132

Page 215, line 39, at end insert “or”

133

Page 215, leave out lines 42 to 44

134

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

135

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

136

Page 218, leave out lines 15 to 20

137

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

138

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

139

Page 219, leave out lines 6 and 7

140

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.”

141

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

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

(ii) ”

142

Page 221, leave out lines 1 to 4

143

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,”

144

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

145

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

146

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.”

147

Page 221, leave out lines 19 to 21

148

Page 223, leave out lines 1 to 31

149

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

150

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

LORD MCKENZIE OF LUTON

BARONESS HANHAM

LORD SHIPLEY

151

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

LORD BEECHAM

151A*

Page 231, leave out lines 10 to 17

THE LORD BISHOP OF BIRMINGHAM

LORD ADONIS

151B*

Page 231, line 17, at end insert—

“( ) Regulations in respect of the first mayoral elections in 2012 shall provide for the elections to take place on 15 November 2012, the same day as the first elections for police and crime commissioners.”

BARONESS HANHAM

152

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

153

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”

154

Page 237, leave out lines 36 to 39

LORD JENKIN OF RODING

155

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

BARONESS HANHAM

156

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

157

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

LORD JENKIN OF RODING

158

Page 242, leave out lines 13 and 14

159

Page 242, leave out lines 18 to 37

159A

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

Schedule 3

BARONESS HANHAM

160

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”.”

LORD MCKENZIE OF LUTON

BARONESS HANHAM

LORD SHIPLEY

161

Page 261, line 3, leave out “9HA,”

BARONESS HANHAM

162

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

LORD MCKENZIE OF LUTON

BARONESS HANHAM

LORD SHIPLEY

163

Page 261, line 8, leave out “9HA or”

BARONESS HANHAM

164

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

After Clause 13

BARONESS HANHAM

165

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.””

Clause 14

LORD MCKENZIE OF LUTON

LORD PANNICK

165A*

Page 20, line 37, at end insert—

“( ) The provisions of this section are without prejudice to the general obligation of a decision-maker to maintain an open mind in considering the issues relevant to the decision.”

After Clause 14

LORD MCKENZIE OF LUTON

165B*

Insert the following new Clause—

“Review and report on section 14

The Secretary of State must—

(a) review how section 14 has impacted on decision-making by local authorities,

(b) publish a report with the outcome of that review and any proposed changes, and

(c) lay a copy of that report in Parliament,

within three years after the commencement of section 14.”

Schedule 4

THE EARL OF LYTTON

166

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

167

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

168

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

169

Page 268, line 13, leave out paragraph 14

Clause 16

BARONESS HANHAM

170

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

171

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

172

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

173

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.”

Clause 17

LORD WILLS

174

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”).”

LORD BICHARD

LORD FILKIN

LORD NEWTON OF BRAINTREE

LORD TOPE

175

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.”

BARONESS HANHAM

176

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)”

After Clause 17

LORD BICHARD

LORD FILKIN

LORD NEWTON OF BRAINTREE

LORD TOPE

177

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.”

178

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.”

Clause 18

LORD BICHARD

LORD FILKIN

LORD NEWTON OF BRAINTREE

LORD TOPE

179

Leave out Clause 18

BARONESS HANHAM

180

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).”

After Clause 18

BARONESS HANHAM

181

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).”

182

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.”

183

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.”

184

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.”

Clause 19

BARONESS HANHAM

185

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.”

186

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)”

187

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”.”

LORD BICHARD

LORD FILKIN

LORD NEWTON OF BRAINTREE

LORD TOPE

188

Leave out Clause 19

After Clause 19

BARONESS HANHAM

189

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).”

Clause 22

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

190

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.”

Clause 27

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

191

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.”

After Clause 27

BARONESS HANHAM

191A

Insert the following new Clause—

“CHAPTER 6A Commission for Local Administration in England

Arrangements for provision of services and discharge of functions

(1) After section 33ZA of the Local Government Act 1974 insert—

“33ZB Arrangements for provision of administrative and other services

(1) Arrangements involving the Commission may be entered into by persons within subsection (4) for the provision of administrative, professional or technical services by any one or more of the parties for any one or more of the parties, whether for consideration or otherwise.

(2) For the purposes of subsection (1), arrangements for the provision of services involve the Commission if the Commission is one of the parties to the arrangements and at least one of the following conditions is met—

(a) the Commission is the party, or one of the parties, by whom the services are to be provided;

(b) the Commission is the party, or one of the parties, to whom the services are to be provided.

(3) The arrangements that may be entered into under subsection (1) include arrangements for—

(a) the Commission, or

(b) the Commission jointly with any one or more of the parties,

to have the function of discharging, on behalf of a party, any function of that party which is of an administrative, professional or technical nature.

(4) The persons within this subsection are—

(a) the Commission,

(b) the Parliamentary Commissioner,

(c) the Health Service Commissioner for England, and

(d) the person administering a scheme approved under Schedule 2 to the Housing Act 1996 (scheme for enabling complaints to be investigated by a housing ombudsman).”

(2) In paragraph 13 of Schedule 4 to the Local Government Act 1974 (delegation by Local Commissioners) after sub-paragraph (2) insert—

“(3) Any function of the Commission may be discharged on the Commission’s behalf—

(a) by any person authorised by the Commission to do so, and

(b) to the extent so authorised.

(4) Sub-paragraph (3) does not affect the responsibility of the Commission for the discharge of the function.””

After Clause 30

BARONESS GARDNER OF PARKES

192

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.”

193

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.”

194

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.”

LORD CLEMENT-JONES

195

Insert the following new Clause—

“CHAPTER 8 Powers in relation to casino premises licence

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.”

LORD MARLESFORD

LORD NEWTON OF BRAINTREE

195ZA

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.”

Clause 31

BARONESS HANHAM

EARL ATTLEE

195ZAA

Page 29, line 22, leave out subsections (1) to (5) and insert—

“(1) A Minister of the Crown may, in accordance with the provisions of this Part, require public authorities to make payments of amounts determined by a Minister of the Crown in respect of an EU financial sanction to which this Part applies.

(2) A requirement to make a payment under this Part—

(a) may only be imposed on a public authority if—

(i) the authority has been designated under section (Designation of public authorities); and

(ii) the EU financial sanction concerned is one to which the designation applies; and

(b) must be imposed by a notice given to the authority under section 33 (referred to in this Part as a final notice).”

195ZAB

Page 30, line 5, leave out “an EU financial sanction” and insert “a final”

195ZAC

Page 30, line 8, leave out “local or”

195ZAD

Page 30, line 9, at end insert—

“(8) In this Part—

(a) “EU financial sanction” means a sanction consisting of a lump sum or penalty payment (or both) imposed by the Court of Justice in Article 260(2) proceedings for an infraction of EU law;

(b) “infraction of EU law”, in relation to an EU financial sanction, means the failure to comply with a judgment of the Court of Justice given in proceedings under Article 258 or 259 of the Treaty on the Functioning of the European Union; and

(c) “Article 260(2) proceedings” means proceedings under Article 260(2) of that Treaty.”

After Clause 31

BARONESS HANHAM

EARL ATTLEE

195ZAE

Insert the following new Clause—

“Duty of the Secretary of State to issue a policy statement

(1) The Secretary of State must publish a statement of policy with respect to—

(a) the designation of public authorities under section (Designation of public authorities);

(b) the imposition and variation of requirements to make payments under this Part; and

(c) such other matters relating to the operation of the provisions of this Part as the Secretary of State may think appropriate to include in the statement.

(2) The Secretary of State may from time to time revise and republish the statement of policy required by this section.

(3) A revised statement of policy may include saving or transitional provisions relating to the continued application for any purpose of any provisions of an earlier published version of the statement.

(4) The Secretary of State must consult such persons as the Secretary of State considers appropriate before publishing, or revising and republishing, the statement of policy required by this section.

(5) In exercising functions under this Part in relation to an EU financial sanction which has been or may be imposed on the United Kingdom—

(a) a Minister of the Crown, and

(b) a panel established under section (Establishment of independent panel),

must have regard to the statement of policy most recently published under this section.”

195ZAF

Insert the following new Clause—

“The EU financial sanctions to which Part 2 applies

(1) This Part applies to any EU financial sanction imposed on the United Kingdom after the commencement of this Part, subject to subsection (2).

(2) If a Minister of the Crown gives a certificate—

(a) specifying a part of an EU financial sanction, and

(b) stating that this Part is not to apply to that part of the sanction,

this Part applies to that EU financial sanction as if it did not include that part.

(3) A certificate under subsection (2)—

(a) may make specific provision about the application of this Part to any of the following—

(i) the lump sum (if any) paid by the United Kingdom;

(ii) any periodic payment due from the United Kingdom under the terms of the EU financial sanction before the certificate is given; and

(iii) any subsequent periodic payment that may fall due from the United Kingdom under those terms; and must be given in such form and published in such manner as the Minister of the Crown giving it thinks fit.

(4) Any provision under subsection (3)(a)(iii) that is made in a certificate under subsection (2) may be varied (including in relation to its effect in relation to any periodic payment that has become due from the United Kingdom since the earlier certificate) by a further certificate under subsection (2).”

195ZAG

Insert the following new Clause—

“Meaning of “public authority” and related terms

(1) This section defines various terms used in this Part.

(2) “Public authority” means—

(a) a local authority to which subsection (3) applies; or

(b) any other person or body which has any non-devolved functions.

(3) This subsection applies to—

(a) any of the following in England—

(i) a county council, district council or London borough council;

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

(iii) the Greater London Authority; and

(iv) the Council of the Isles of Scilly;

(b) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(c) a district council within the meaning of the Local Government Act (Northern Ireland) 1972;

(d) a council of a county or county borough in Wales.

(4) References to functions are to functions of a public nature.

(5) References to non-devolved functions are to functions which are not devolved functions.

(6) References to devolved functions are to—

(a) Scottish devolved functions, that is to say functions the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998);

(b) Northern Ireland devolved functions, that is to say functions which could be conferred by provision included in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998); or

(c) Welsh devolved functions, that is to say functions which are exercisable in relation to Wales and could be conferred by provision falling within the legislative competence of the National Assembly for Wales as defined in section 108 of the Government of Wales Act 2006.

(7) References to a public authority with mixed functions are to a public authority which has both non-devolved and devolved functions.

(8) The “appropriate national authority”, in relation to a public authority with mixed functions, means the following national authority or authorities (according to whichever one or more of the following paragraphs apply to that public authority)—

(a) the Scottish Ministers, if the public authority has any Scottish devolved functions;

(b) the relevant Northern Ireland department, if the public authority has any Northern Ireland devolved functions; and

(c) the Welsh Ministers, if the public authority has any Welsh devolved functions.”

195ZAH

Insert the following new Clause—

“Designation of public authorities

(1) A Minister of the Crown may by order designate a public authority for the purposes of this Part.

(2) The order must—

(a) specify the public authority by name;

(b) identify any EU financial sanction to which the designation applies; and

(c) describe the activities of the authority which are covered by the designation.

(3) The order may identify any EU financial sanction for the purposes of subsection (2)(b) by—

(a) specifying an EU financial sanction that has been imposed on the United Kingdom;

(b) specifying any Article 260(2) proceedings that have been commenced and providing that the designation is to apply to any EU financial sanction that may be imposed on the United Kingdom in those proceedings;

(c) specifying a judgment of the Court of Justice finding that the United Kingdom has failed to comply with an EU obligation and providing that the designation is to apply to any EU financial sanction that may be imposed on the United Kingdom for failing to comply with that judgment; or

(d) specifying or describing any proceedings under Article 258 or 259 of the Treaty on the Functioning of the European Union that have been or may be commenced and providing that the designation is to apply to any EU financial sanction that may be imposed on the United Kingdom for failing to comply with a judgment of the Court of Justice given in those proceedings.

(4) The order may, for the purposes of subsection (3)(d), describe any proceedings under Article 258 or 259 that may be commenced by reference to the subject-matter of—

(a) a Reasoned Opinion addressed to the United Kingdom under Article 258 or 259 (as the case may be); or

(b) any other document sent to the Government of the United Kingdom by the Commission of the European Union or by another member State which gives notice to the Government of the possibility of proceedings being commenced against the United Kingdom.

(5) The activities described for the purposes of subsection (2)(c) must be activities of the public authority which—

(a) are carried out in the exercise of non-devolved functions of the public authority; and

(b) take place after the provisions of the order describing the activities come into force.

(6) The following may not be designated under this section—

(a) the House of Commons, the House of Lords, the Scottish Parliament, the Northern Ireland Assembly or the National Assembly for Wales;

(b) a Minister of the Crown or a United Kingdom government department;

(c) a member of the Scottish Executive;

(d) the First Minister or the deputy First Minister for Northern Ireland, a Northern Ireland Minister or a Northern Ireland Department;

(e) a member of the Welsh Assembly Government;

(f) a court or tribunal.

(7) Before making an order designating a public authority a Minister of the Crown must consult—

(a) the public authority concerned; and

(b) if it is a public authority with mixed functions, the appropriate national authority.

(8) In sections 32 to 33 references to “acts”, in relation to a public authority which has been designated under this section, are to acts within a description of activities covered by the designation.”

195ZAJ

Insert the following new Clause—

“Establishment of independent panel

(1) This section applies where—

(a) an EU financial sanction to which this Part applies has been imposed by the Court of Justice; and

(b) at least one public authority has been designated under section (Designation of public authorities) and the EU financial sanction is one to which the designation applies.

(2) A Minister of the Crown must establish a panel for the purpose of carrying out any functions it may be given by or under any provision of this Part in relation to that EU financial sanction.

(3) The panel must be established before any warning notice is given to a public authority in relation to that EU financial sanction.

(4) The panel is to consist of one or more individuals appointed by a Minister of the Crown who appear to a Minister of the Crown to have suitable qualifications, expertise or experience to carry out their duties.

(5) A Minister of the Crown may invite nominations for appointment to the panel from such organisations as a Minister of the Crown considers appropriate.

(6) The validity of any acts of the panel are not affected by a vacancy among its members.

(7) A Minister of the Crown may pay to a member of the panel such fees, allowances or expenses as a Minister of the Crown may determine.

(8) A Minister of the Crown may provide such staff, accommodation or other facilities as a Minister of the Crown may consider necessary to enable the panel to carry out its functions.”

195ZAK

[Withdrawn]

Clause 32

BARONESS HANHAM

EARL ATTLEE

195ZAL

Page 30, line 11, leave out subsection (1) and insert—

“(1) Before a public authority which has been designated under section (Designation of public authorities) can be required to make any payment under this Part in respect of an EU financial sanction to which the designation applies—

(a) a Minister of the Crown must give a warning notice under this section to the public authority;

(b) the procedures set out in the warning notice (with any changes made under subsection (7)) must be followed; and

(c) a Minister of the Crown must determine the matters mentioned in section (Matters to be determined before a final notice is given)(4).”

195ZAM

Page 30, line 16, leave out “the Minister” and insert “a Minister of the Crown”

195ZAN

Page 30, line 17, leave out from “Justice” to “financial” in line 18 and insert “imposing the EU”

195ZAP

Page 30, line 24, leave out “a payment under this Part” and insert “payments under this Part (which may be or include ongoing payments)”

195ZAQ

Page 30, line 25, leave out subsections (3) to (5) and insert—

“(3) The warning notice must also—

(a) identify the EU financial sanction to which the notice relates;

(b) specify the total amount of that sanction (see subsection (6C));

(c) if that sanction is or includes a penalty payment, specify the amount and frequency of any periodic payments that fall due from the United Kingdom under the terms of the penalty payment (see subsection (6D));

(d) set out the reasons for making the statement required by subsection (2);

(e) set out the proposed procedures and arrangements for determining the matters mentioned in section (Matters to be determined before a final notice is given)(4) (which may include arrangements for securing that matters arising under the notice are dealt together with matters arising under other warning notices given to other public authorities in respect of the same EU financial sanction);

(f) propose a timetable for those procedures and for any steps to be taken by the panel or a Minister of the Crown before any requirement to make a payment can be imposed on the authority;

(g) invite the authority to make representations to a Minister of the Crown about the matters mentioned in paragraphs (e) and (f); and

(h) invite the authority to make representations to the panel (with any supporting evidence) about anything the authority considers relevant to the matters mentioned in section (Matters to be determined before a final notice is given)(4), including its response to any representations made (and any supporting evidence submitted) to the panel —

(i) by a Minister of the Crown or a government department (whether in relation to matters arising from the notice or matters arising from any other warning notice given to another public authority in relation to the same EU financial sanction);

(ii) by another public authority which has been given a warning notice in relation to the same EU financial sanction; or

(iii) by the appropriate national authority in response to the notice; and

(i) if the authority has mixed functions, invite the appropriate national authority to make representations about anything contained in or arising from the notice.”

195ZAR

Page 31, line 14, at end insert “of the Crown giving it”

195ZAS

Page 31, line 15, at end insert—

“(6A) Before a Minister of the Crown gives a warning notice to the authority, the Minister of the Crown must consult the panel as to the contents of the notice (including in particular the proposed procedures and timetable mentioned in subsection (3)(e) and (f)).

(6B) If the authority has mixed functions, a Minister of the Crown must—

(a) consult the appropriate national authority before deciding to give a warning notice to the authority; and

(b) give the appropriate national authority a copy of any warning notice the Minister of the Crown decides to give.

(6C) In subsection (3)(b) the “total amount of the sanction” means the sum of the following—

(a) the amount of the lump sum (if any) due from the United Kingdom under the terms of the EU financial sanction (disregarding any amount that falls to be excluded from the lump sum by virtue of section (The EU financial sanctions to which Part 2 applies)(2)); and

(b) the total amount of the periodic payments (if any) which have fallen due from the United Kingdom on or before a day specified in the notice (disregarding any amount that falls to be excluded from any of those payments by virtue of section (The EU financial sanctions to which Part 2 applies)(2);

and the day specified for the purposes of paragraph (b) must be no later than the day on which the warning notice is given to the authority.

(6D) The periodic payments to be taken into account for the purposes of subsection (3)(c) do not include—

(a) any periodic payment taken into account in calculating the total amount of the sanction for the purposes of subsection (3)(b); or

(b) any periodic payment, or any part of a periodic payment, that falls to be excluded from the EU financial sanction by virtue of section (The EU financial sanctions to which Part 2 applies)(2).”

195ZAT

Page 31, line 16, leave out “The Minister” and insert “A Minister of the Crown”

195ZAU

Page 31, line 17, leave out “(3)(d)(ii)” and insert “(3)(g)”

195ZAV

Page 31, line 17, leave out “subsection (3)(b)” and insert “section (Matters to be determined before a final notice is given)(4)”

195ZAX

Page 31, line 18, after “authority” insert “—

(a) ”

195ZAY

Page 31, line 19, leave out “criteria,”

195ZAZ

Page 31, line 20, leave out “(3)(b), (c) or (e).” and insert “(3)(e) and (f); and

(b) a copy of the warning notice incorporating those changes.

(7A) A Minister of the Crown must consult the panel before making any changes under subsection (7).”

195ZAZA

Page 31, line 21, leave out “local or”

195ZAZB

Page 31, line 22, leave out “subsection (3)(b)” and insert “section (Matters to be determined before a final notice is given)(4)”

195ZAZC

Page 31, line 24, at end insert—

“(9) In this section and section (Matters to be determined before a final notice is given) “the panel” means the panel established under section (Establishment of independent panel) to deal with the EU financial sanction to which the notice relates.”

After Clause 32

BARONESS HANHAM

EARL ATTLEE

195ZAZD

Insert the following new Clause—

“Matters to be determined before a final notice is given

(1) This section applies where—

(a) a warning notice has been given to a public authority; and

(b) the panel has considered all representations made to it under the procedures set out in that notice.

(2) The panel must make, to a Minister of the Crown, a report on the matters to which the representations made to the panel relate.

(3) The report—

(a) may be published by the panel in such manner as the panel thinks fit and, if not published by the panel, must be published by the Minister of the Crown to whom it is made in such manner as the Minister of the Crown thinks fit;

(b) must include recommendations as to the determination of the matters mentioned in subsection (4)(a) and (b);

(c) if the authority has made representations to the panel about anything the authority considers relevant to any of the matters mentioned in paragraphs (c) to (e) of subsection (4), must include recommendations as to the determination of the matters mentioned in those paragraphs; and

(d) must include the panel’s reasons for any recommendations included in the report.

(4) After having had regard to the report, a Minister of the Crown must determine the following matters—

(a) whether any acts of the authority did cause or contribute to the infraction of EU law concerned and, in relation to any periodic payments mentioned in subsection (3)(c) of section 32, whether those acts have continued and will continue to do so;

(b) the proportion of—

(i) the total amount of the sanction (as specified under subsection (3)(b) of that section), and

(ii) any periodic payments (as specified under subsection (3)(c) of that section),

that, in the light of the acts of the authority which are determined to have had or to be having an effect mentioned in paragraph (a), is to be regarded as reflecting the authority’s share of the responsibility for the infraction of EU law concerned or, in relation to any such periodic payments, the continuing infraction of EU law concerned;

(c) whether the authority should be required to make any payment or payments in respect of the EU financial sanction;

(d) if so, what payment or payments the authority should make towards—

(i) the total amount of the sanction specified under subsection (3)(b) of that section; and

(ii) any periodic payments specified under subsection (3)(c) of that section; and

(e) when any such payment or payments should be made.

(5) In determining the matters mentioned in subsection (4)(c), (d) and (e) the Minister of the Crown must have regard to—

(a) the effect on the authority’s finances of any amount it may be required to pay and in particular, if the authority has mixed functions, the need to avoid any prejudicial effect on the performance by the authority of its devolved functions;

(b) the determination under subsection (4)(b); and

(c) any other relevant considerations.

(6) Before making a final decision on the matters mentioned in subsection (4)(c), (d) and (e), the Minister of the Crown must invite—

(a) representations from the authority about the potential effect on its finances and, if it has mixed functions, the effect on its devolved functions of any amount it may be required to pay; and

(b) if the authority has mixed functions, representations from the appropriate national authority.”

Clause 33

BARONESS HANHAM

EARL ATTLEE

195ZAZE

Page 31, line 26, leave out from “give” to end of line 30 and insert “a final notice to a public authority only if a Minister of the Crown has decided in accordance with section (Matters to be determined before a final notice is given) to impose a requirement under this Part on the authority.”

195ZAZF

Page 31, line 31, leave out subsections (2) to (6) and insert—

“(2) The final notice must—

(a) identify the EU financial sanction to which the notice relates;

(b) specify the total amount of the sanction (see subsection (3)) and, where relevant, the amount and frequency of any future periodic payments (see subsection (4));

(c) describe the acts of the authority that a Minister of the Crown has under section (Matters to be determined before a final notice is given)(4) determined—

(i) caused or contributed to the infraction of EU law concerned, in relation to the total amount of the sanction; or

(ii) are causing or contributing to the continuing infraction of EU law concerned, in relation to any other periodic payments due from the United Kingdom;

and set out the reasons for that determination;

(d) summarise the other determinations made by a Minister of the Crown under section (Matters to be determined before a final notice is given)(4) and set out the reasons for making them;

(e) specify the amount required to be paid by the authority towards the total amount of the sanction and when it is to be paid (and if it is to be paid in instalments, the instalments and the date on which they become payable);

(f) specify the amount to be paid towards any periodic payment that falls due from the United Kingdom and the time when that amount is to be paid (or, if the notice so provides the time when two or more such amounts are to be paid);

(g) specify how and to whom payments are to be made.

(3) In subsection (2)(b), (c) and (e) the “total amount of the sanction” means the sum of the following—

(a) the amount of the lump sum (if any) due from the United Kingdom under the terms of the EU financial sanction (disregarding any amount that falls to be excluded from the lump sum by virtue of section (The EU financial sanctions to which Part 2 applies)(2)); and

(b) the total amount of the periodic payments (if any) which have fallen due from the United Kingdom on or before a day specified in the final notice (disregarding any amount that falls to be excluded from any of those payments by virtue of section (The EU financial sanctions to which Part 2 applies)(2));

and the day specified for the purposes of paragraph (b) must be no later than the day on which the final notice is given to the authority.

(4) In subsection (2)(b) “future periodic payments” means periodic payments other than—

(a) any periodic payment taken into account in calculating the total amount of the sanction; or

(b) any periodic payment, or any part of a periodic payment, that falls to be excluded from the EU financial sanction by virtue of section (The EU financial sanctions to which Part 2 applies)(2).

(5) The requirement to make payments towards periodic payments falling due from the United Kingdom after the notice is given continues so long as those periodic payments continue to fall due, unless a Minister of the Crown gives the authority a notice under this subsection terminating the requirement or varying it so as to make it less onerous for the authority.

(6) A notice under subsection (5) may be given, either on the application of the authority or without such an application, where a Minister of the Crown considers it appropriate in the light of a change in the circumstances which applied when the final notice was given or when it was last varied (as the case may be).

(7) A Minister of the Crown may—

(a) consult the panel, or refer any matter relating to the possible termination or variation of the requirement for its advice or recommendations;

(b) invite the authority to make representations; and

(c) if the authority has mixed functions, invite the appropriate national authority to make representations,

before deciding whether to terminate or vary the requirement mentioned in subsection (5).

(8) If the authority makes an application under subsection (6) a Minister of the Crown may by notice to the authority suspend the requirement until further notice (but this does not affect the liability to make any payment once the suspension is ended, unless the final notice is varied to have that effect).”

Clause 34

BARONESS HANHAM

EARL ATTLEE

195ZAZG

Leave out Clause 34

Clause 35

BARONESS HANHAM

EARL ATTLEE

195ZAZH

Leave out Clause 35

Clause 36

BARONESS HANHAM

EARL ATTLEE

195ZAZJ

Leave out Clause 36

Clause 37

BARONESS HANHAM

EARL ATTLEE

195ZAZK

Page 34, leave out lines 16 to 23 and insert—

““the appropriate national authority”, in relation to a public authority with mixed functions, has the meaning given by section (Meaning of “public authority” and related terms)(8);

“Article 260(2) proceedings” has the meaning given by section 31(8)(c);

“Court of Justice” means the Court of Justice of the European Union;

“EU financial sanction” has the meaning given by section 31(8)(a);

“final notice” means a notice under section 33;

“functions”, “non-devolved functions” and “devolved functions” are to be construed in accordance with section (Meaning of “public authority” and related terms);

“infraction of EU law”, in relation to an EU financial sanction, has the meaning given by section 31(8)(b);”

195ZAZL

Page 34, line 25, at end insert—

““periodic payment”, in relation to an EU financial sanction that is or includes a penalty payment, means a payment due under the terms of the penalty payment;

“public authority” has the meaning given in section (Meaning of “public authority” and related terms)(2);

“public authority with mixed functions” has the meaning given by section (Meaning of “public authority” and related terms)(7).”

195ZAZM

Page 34, line 26, leave out subsection (2)

Clause 44

LORD BROOKE OF SUTTON MANDEVILLE

195ZB

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

Clause 47

LORD LUCAS

LORD MCKENZIE OF LUTON

195A

Page 41, line 28, at end insert—

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

Clause 48

LORD LUCAS

LORD MCKENZIE OF LUTON

195B

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

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

Clause 59

LORD BROOKE OF SUTTON MANDEVILLE

LORD JENKIN OF RODING

195C

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

195D

Page 48, line 10, at end insert—

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

195E

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

Schedule 5

BARONESS HANHAM

196

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.”

Schedule 6

BARONESS HANHAM

197

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”.”

Schedule 7

BARONESS HANHAM

197A

Page 314, line 30, at end insert—

“Police Reform and Social Responsibility Act 2011

52 The Police Reform and Social Responsibility Act 2011 is amended as follows.

53 In section 19(7)(f) (function of calculating budget requirement may not be delegated by police and crime commissioner)—

(a) after “calculating a” insert “council tax requirement or a”, and

(b) after “section” insert “42A or”.

54 In section 23(2) (minimum budget for police and crime commissioner: amendments to section 41(1) of the Police Act 1996) for paragraph (c) substitute—

“(c) for “its” substitute “the commissioner’s”.”

Clause 69

BARONESS HANHAM

197B

Page 60, line 20, at end insert—

“(2A) The persons or bodies who may be specified by regulations under subsection (2)(d) include a Minister of the Crown or a government department.”

197C

Page 60, line 26, after “functions” insert “in relation to England”

197D

Page 61, line 1, after second “body” insert “, other than a public or local authority,”

Clause 70

BARONESS HANHAM

197E

Page 61, line 20, leave out subsection (5)

Clause 71

BARONESS HANHAM

197F

Page 61, line 33, leave out subsection (4) and insert—

“(4) A relevant authority must specify—

(a) the minimum period that will elapse between—

(i) the date of the relevant authority’s decision to accept an expression of interest, and

(ii) the date on which it will begin the procurement exercise required by subsection (2) as a result of that acceptance, and

(b) the maximum period that will elapse between those dates.

(4A) The relevant authority may specify different periods for different cases.

(4B) The relevant authority must publish details of a specification under subsection (4) in such manner as it thinks fit (which must include publication on the authority’s website).

(4C) The relevant authority must comply with a specification under subsection (4).”

Clause 72

BARONESS HANHAM

197G

Page 62, line 13, leave out subsection (3) and insert—

“(3) A relevant authority must specify the maximum period that will elapse between—

(a) the date on which it receives an expression of interest submitted by a relevant body, and

(b) the date on which it notifies the relevant body of its decision in respect of the expression of interest.

(3A) The relevant authority may specify different periods for different cases.

(3B) The relevant authority must publish details of a specification under subsection (3) in such manner as it thinks fit (which must include publication on the authority’s website).

(3C) A relevant authority that receives an expression of interest from a relevant body in accordance with this Chapter must notify the relevant body in writing of the period within which it expects to notify the relevant body of its decision in respect of the expression of interest.

(3D) The relevant authority must give the notification under subsection (3C) —

(a) where the expression of interest is one to which a specification under section 70(2) relates and is made within a period so specified, within the period of 30 days beginning immediately after the end of the period so specified, or

(b) otherwise, within the period of 30 days beginning with the day on which the relevant authority receives the expression of interest.”

197H

Page 62, line 17, leave out from “of” to “and” in line 18 and insert “its decision in respect of the expression of interest within the period specified by it under subsection (3),”

Clause 73

LORD JENKIN OF RODING

198

Leave out Clause 73

After Clause 74

LORD WILLS

199

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.”

200

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.””

201

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.”

Clause 75

LORD BROOKE OF SUTTON MANDEVILLE

201A

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

LORD JENKIN OF RODING

202

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

After Clause 75

LORD BROOKE OF SUTTON MANDEVILLE

202A

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.”

Clause 76

BARONESS HANHAM

202B*

Page 64, line 23, leave out from “Chapter” to end of line 26 and insert “but subject to regulations under subsection (2), a building or other land in a local authority’s area is land of community value if in the opinion of the authority—

(a) an actual current use of the building or other land that is not an ancillary use furthers the social wellbeing or social interests of the local community, and

(b) it is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community.

(1A) For the purposes of this Chapter but subject to regulations under subsection (2), a building or other land in a local authority’s area that is not land of community value as a result of subsection (1) is land of community value if in the opinion of the local authority—

(a) there is a time in the recent past when an actual use of the building or other land that was not an ancillary use furthered the social wellbeing or interests of the local community, and

(b) it is realistic to think that there is a time in the next five years when there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social wellbeing or social interests of the local community.

(2) The appropriate authority may by regulations—”

202C*

Page 64, line 27, leave out from “that” to “a” in line 28

202D*

Page 64, line 31, leave out from “that” to first “a” in line 32

202E*

Page 64, line 36, leave out paragraph (c)

202F*

Page 65, line 9, at end insert—

““social interests” includes (in particular) each of the following—

(a) cultural interests;

(b) recreational interests;

(c) sporting interests;”

Clause 77

BARONESS HANHAM

202G*

Page 65, line 15, after “value” insert “only”

202H*

Page 65, line 27, leave out from “person” to end of line 28 and insert “that is a voluntary or community body with a local connection.”

202J*

Page 65, line 32, leave out paragraph (b)

202K*

Page 65, line 33, at end insert—

“(za) the meaning in subsection (2)(b)(iii) of “voluntary or community body”;

(zb) the conditions that have to be met for a person to have a local connection for the purposes of subsection (2)(b)(iii);”

Clause 79

BARONESS HANHAM

202L*

Page 66, line 25, at end insert—

“but where it appears to the authority that it is not reasonably practicable to give a notice under this subsection to a person to whom it is required to be given, the authority must instead take reasonable alternative steps for the purpose of bringing the notice to the person’s attention.”

LORD JENKIN OF RODING

BARONESS HANHAM

203

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

Clause 81

BARONESS HANHAM

203A*

Page 67, line 41, after “land” insert “—

(a) may (but need not) be removed from the list by the authority after it has been in the list for 5 years, and

(b) while it is in the list,”

203B*

Page 68, line 1, leave out subsection (4)

Clause 82

BARONESS HANHAM

203C*

Page 68, line 24, leave out subsection (2)

Clause 83

BARONESS HANHAM

203D*

Page 69, line 15, after “land” insert “—

(a) if the disposal is by way of gift (including a gift to trustees of any trusts by way of settlement upon the trusts),

(b) if the disposal is by personal representatives of a deceased person in satisfaction of an entitlement under the will, or on the intestacy, of the deceased person,

(c) if the disposal is by personal representatives of a deceased person in order to raise money to—

(i) pay debts of the deceased person,

(ii) pay taxes,

(iii) pay costs of administering the deceased person’s estate, or

(iv) pay pecuniary legacies or satisfy some other entitlement under the will, or on the intestacy, of the deceased person,

(d) if the person, or one of the persons, making the disposal is a member of the family of the person, or one of the persons, to whom the disposal is made,

(e) if the disposal is a part-listed disposal of a description specified in regulations made by the appropriate national authority, and for this purpose “part-listed disposal” means a disposal of an estate in land—

(i) part of which is land included in a local authority’s list of assets of community value, and

(ii) part of which is land not included in any local authority’s list of assets of community value,

(f) if the disposal is of an estate in land on which a business is carried on and is at the same time, and to the same person, as a disposal of that business as a going concern,

(g) if the disposal is occasioned by a person ceasing to be, or becoming, a trustee,

(h) if the disposal is by trustees of any trusts—

(i) in satisfaction of an entitlement under the trusts, or

(ii) in exercise of a power conferred by the trusts to re-settle trust property on other trusts,

(i) if the disposal is occasioned by a person ceasing to be, or becoming, a partner in a partnership, or

(j) ”

203E*

Page 69, line 21, leave out “prescribed period” and insert “six months”

203F*

Page 69, line 24, leave out “prescribed period” and insert “six weeks”

203G*

Page 69, line 28, leave out “prescribed period” and insert “eighteen months”

203H*

Page 69, line 29, at end insert—

“(6A) For the purposes of subsection (5)(d), a person (“M”) is a member of the family of another person if M is—

(a) that other person’s spouse or civil partner, or

(b) a lineal descendant of a grandparent of that other person.

(6B) For the purposes of subsection (6A)(b) a relationship by marriage or civil partnership is to be treated as a relationship by blood.”

203J*

Page 69, line 30, leave out subsection (7)

Clause 98

LORD JENKIN OF RODING

204

Page 77, leave out lines 7 to 9

Clause 104

LORD TRUE

205

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.”

Schedule 9

LORD LUCAS

205A

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

BARONESS GARDNER OF PARKES

LORD BERKELEY

206

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.”

LORD BEST

207

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.”

208

Page 328, line 25, at end insert—

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

209

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.”

210

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

LORD LUCAS

210A

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.”

Schedule 12

BARONESS HANHAM

211

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.””

Clause 111

BARONESS GARDNER OF PARKES

212

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.”

Clause 114

BARONESS GARDNER OF PARKES

213

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.””

Clause 115

LORD BORRIE

LORD BLACK OF BRENTWOOD

LORD RODGERS OF QUARRY BANK

LORD SMITH OF FINSBURY

214

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),”

215

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.”

216

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

217

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

218

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

219

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

220

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

221

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

222

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

223

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

After Clause 130

BARONESS GARDNER OF PARKES

LORD BERKELEY

224

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.””

LORD JENKIN OF RODING

LORD BERKELEY

225

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.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

[As an amendment to Amendment 225]

226

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.”

BARONESS GARDNER OF PARKES

LORD BERKELEY

227

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.””

228

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.”

LORD JENKIN OF RODING

LORD BERKELEY

229

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.”

LORD JENKIN OF RODING

230

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.””

231

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.””

LORD BEST

232

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.”

Clause 131

LORD LUCAS

LORD BERKELEY

232A

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.””

Clause 221

BARONESS HANHAM

EARL ATTLEE

232B

Page 200, line 20, leave out “the Secretary of State, the Treasury” and insert “a Minister of the Crown”

232C

Page 200, line 23, leave out “the Secretary of State, the Treasury” and insert “a Minister of the Crown”

BARONESS HANHAM

233

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

BARONESS HANHAM

EARL ATTLEE

233A

Page 200, line 38, leave out “The Secretary of State” and insert “A Minister of the Crown”

BARONESS HANHAM

234

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);”

235

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

236

Page 201, line 3, at end insert—

“(ba) an order under section 8(2);”

BARONESS HANHAM

EARL ATTLEE

236A

Page 201, line 3, at end insert—

“(bb) an order under section (Designation of public authorities);”

BARONESS HANHAM

237

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

238

Page 201, line 7, at end insert—

“(fa) regulations under section 105;”

239

Page 201, line 10, leave out “105 or”

240

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

BARONESS HANHAM

EARL ATTLEE

240A

Page 201, line 22, leave out “the Secretary of State” and insert “a Minister of the Crown”

LORD MCKENZIE OF LUTON

BARONESS HANHAM

LORD SHIPLEY

241

Page 201, line 34, after “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),”

BARONESS HANHAM

EARL ATTLEE

241A

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

“(ba) an order or regulations under Schedule 24,”

BARONESS HANHAM

242

Page 202, line 7, at end insert—

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

BARONESS HANHAM

EARL ATTLEE

242ZA

Page 202, line 7, at end insert—

“(13B) If a draft of a statutory instrument containing an order under section (Designation of public 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.”

Schedule 25

BARONESS HANHAM

242A

Page 421, line 6, at end insert—

“Part 2A Other authorities
Reference Extent of repeal
Transport Act 1968 (c. 73) In section 10(1)(xxviii), the words “so far as not required for the purposes of their business”.
Local Government Act 2003 (c. 26) In section 93(7)(b), the “and” at the end.”

Clause 221

BARONESS HANHAM

EARL ATTLEE

242ZB

Page 202, line 10, at end insert—

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

Schedule 25

BARONESS HANHAM

243

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

244

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

“Section 33(4), (6) and (7).
Section 34(5) and (6).
Section 38(4), (6) and (7).
Section 40(4), (6) and (7).”

245

Page 424, line 36, at end insert—

“Local Government Act 1972 (c. 70) In section 85(3A), the words “66A,” and “, 78A”.
In section 86(1)(b), the words “66A, 78A or”.
In section 87(1)(ee), the words “66A, 78A or”.”

246

Page 424, line 47, at end insert—

“Greater London Authority Act 1999 (c. 29) In section 6(5), the words “66A,” and “, 78A”.
In section 13(2), the words “66A,” and “, 78A”.”

247

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

“Section 201(4)(b) and (c).”

248

Page 431, line 3, at end insert—

“In section 113(3)(a), the words “52F(4), 52H(2), 52Q(2), 52S(2), 52X(6),”.
Local Government Act 1999 (c. 27) In Schedule 1, paragraph 9(b).”

Clause 224

BARONESS HANHAM

EARL ATTLEE

248A

Page 202, line 36, leave out “the Secretary of State” and insert “a Minister of the Crown”

After Clause 224

LORD JENKIN OF RODING

249

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.”

Clause 225

LORD CLEMENT-JONES

249A

Page 202, line 41, at end insert—

“( ) section 31,”

BARONESS HANHAM

EARL ATTLEE

249AA

Page 202, line 41, at end insert—

“(za) Part 2,”

249AB

Page 203, line 7, at beginning insert “Part 2,”

BARONESS HANHAM

249B

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.”

Clause 226

BARONESS HANHAM

249C

Page 203, line 15, at end insert—

“( ) section (Arrangements for provision of services and discharge of functions),”

After Clause 226

LORD KENNEDY OF SOUTHWARK

LORD BEST

250

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).”

In the Title

BARONESS HANHAM

251

Line 2, leave out “Local Commission for” and insert “Commission for Local”

Prepared 9th September 2011