Localism Bill

FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

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

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]

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”

LORD GREAVES

LORD TOPE

170A

Page 22, line 34, at end insert—

“( ) The duty of a parish council under this section is to be exercised as part of any adopted code of conduct and requirement for the registration and disclosure of members’ interests, and any system for supervising the system of conduct for local government members, that has been established in the following principal authority of which the parish forms part—

(a) a unitary district council;

(b) a non-unitary district council; or

(c) a unitary county council.”

BARONESS HANHAM

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

174

[Withdrawn]

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 avoiding conflicts of interest, and the 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)

After Clause 41

LORD LUCAS

195ZAZMA*

Insert the following new Clause—

“Empty rates

In section 45 of the Local Government and Finance Act 1988 (unoccupied hereditaments: liability) in subsection 4A for “one” substitute “or equal to one fifth”, and for “prescribed” substitute “chosen in each particular case by the Local Authority”.”

Clause 42

LORD GREAVES

LORD TOPE

195ZAZN

Leave out Clause 42

Clause 43

LORD GREAVES

LORD TOPE

195ZAZP

Leave out Clause 43

Clause 44

LORD BROOKE OF SUTTON MANDEVILLE

LORD BEECHAM

195ZB

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

LORD GREAVES

LORD TOPE

195ZC

Leave out Clause 44

Clause 45

LORD GREAVES

LORD TOPE

195ZD

Leave out Clause 45

Clause 46

LORD GREAVES

LORD TOPE

195ZE

Leave out Clause 46

Clause 47

LORD LUCAS

LORD MCKENZIE OF LUTON

LORD BERKELEY

195A

Page 41, line 28, at end insert—

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

LORD GREAVES

LORD TOPE

195AA

Leave out Clause 47

Clause 48

LORD LUCAS

LORD MCKENZIE OF LUTON

LORD BERKELEY

195B

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

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

LORD GREAVES

LORD TOPE

195BA

Leave out Clause 48

Clause 49

LORD GREAVES

LORD TOPE

195BB

Leave out Clause 49

Clause 50

LORD GREAVES

LORD TOPE

195BC

Leave out Clause 50

Clause 51

LORD GREAVES

LORD TOPE

195BD

Leave out Clause 51

Clause 52

LORD GREAVES

LORD TOPE

195BE

Leave out Clause 52

Clause 53

LORD GREAVES

LORD TOPE

195BF

Leave out Clause 53

Clause 54

LORD GREAVES

LORD TOPE

195BG

Leave out Clause 54

Clause 55

LORD GREAVES

LORD TOPE

195BH

Leave out Clause 55

Clause 56

LORD GREAVES

LORD TOPE

195BJ

Leave out Clause 56

Clause 57

LORD GREAVES

LORD TOPE

195BK

Leave out Clause 57

Clause 58

LORD GREAVES

LORD TOPE

195BL

Leave out Clause 58

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)

LORD GREAVES

LORD TOPE

195F

Leave out Clause 59

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”

LORD GREAVES

LORD TOPE

197CA*

Page 60, line 33, leave out paragraph (d)

BARONESS HANHAM

197D

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

LORD GREAVES

LORD TOPE

197DA*

Page 61, line 2, at end insert “and is actively engaged in doing so in the area in which the relevant service is being provided”

Clause 70

BARONESS HANHAM

197E

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

Clause 71

LORD GREAVES

LORD TOPE

197EA*

Page 61, line 27, after “must” insert—

“(a)”

197EB*

Page 61, line 29, at end insert “, or

(b) conduct a public review of the relevant service (a “service review”)”

197EC*

Page 61, line 30, leave out “(2)” and insert “(2)(a)”

197ED*

Page 61, line 32, at end insert—

“(3A) A service review carried out for the purposes of subsection (2)(b) must include a consultation process with the relevant body, users of the service and any bodies representing them, employees engaged in providing the relevant service and their representatives, residents of the area and such other persons that the relevant authority considers appropriate.”

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).”

BARONESS HAMWEE

LORD TOPE

197FA*

Page 61, line 43, at end insert “and may apply such criteria to assessing responses to the exercise as it considers appropriate”

LORD GREAVES

LORD TOPE

197FB*

Page 62, line 4, at beginning insert “Subject to subsections (5) and (6)”

Clause 72

BARONESS HAMWEE

LORD TOPE

197FC*

Page 62, line 7, at beginning insert—

“( ) A relevant authority that is considering an expression of interest from a relevant body may require the body to provide any information that the authority considers desirable in connection with its acceptance or rejection under section 71(1).”

LORD GREAVES

LORD TOPE

197FD*

Page 62, line 11, leave out “capable of acceptance” and insert “accepted”

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 13th September 2011