Localism Bill

Page 26, line 13, at end insert—

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

Page 28, line 43, at end insert—

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

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

(a) representatives,

(b) employees, and

(c) representatives of employees,

of the relevant authorities.”

Insert the following new Clause—

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.””

Insert the following new Clause—

“Power to require property to be maintained to appropriate standard

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

Insert the following new Clause—

“Power to make byelaws about smoke-free places

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

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

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

(a) in specified circumstances,

(b) at specified times,

(c) if specified conditions are satisfied,

(d) in specified areas,

or any combination of those.

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

Insert the following new Clause—

“Licensing of pedicabs

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

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

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

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

(c) the playing of music in pedicabs;

(d) the roadworthiness and appearance of pedicabs; and

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

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

(a) to seat one or more passengers; and

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

Insert the following new Clause—

Variation of licences: abolition of permitted areas

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

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

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

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

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

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

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

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

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

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

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

(4) In this section—

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

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

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

Insert the following new Clause—

“Litter deposited from motor vehicles

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

(2) Such byelaws may include provisions about—

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

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

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

Page 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).”

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

Page 30, line 8, leave out “local or”

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.”

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.”

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

(b) 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).”

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.”

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 an 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.”

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.”

[Withdrawn]

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).”

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

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

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

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);

(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 an invitation under paragraph (j) included in the notice; and

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

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

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).”

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

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

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

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

(a) ”

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

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).”

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

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

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.”

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.”

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.”

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).”

Leave out Clause 34

Leave out Clause 35

Leave out Clause 36

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);”

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).”

Page 34, line 25, at end insert—

““warning notice” means a notice under section 32.”

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

Insert the following new Clause—

Power to require Welsh public authorities to make payments in respect of certain EU financial sanctions

(1) The Welsh Ministers may, in accordance with the provisions of this Part, require Welsh public authorities to make payments of amounts determined by the Welsh Ministers 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 Welsh public authority if—

(i) the authority has been designated under section (Designation of Welsh 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 (Final notices) (referred to in this Part as a final notice).

(3) If a final notice is registered in accordance with rules of court or any practice direction, it is enforceable in the same manner as an order of the High Court.

(4) Any sums paid by a Welsh public authority under this Part are to be paid into the Welsh Consolidated Fund.

(5) 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.”

Insert the following new Clause—

“Duty of the Welsh Ministers to issue a policy statement

(1) The Welsh Ministers must publish a statement of policy with respect to—

(a) the designation of Welsh public authorities under section (Designation of Welsh 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 Welsh Ministers may think appropriate to include in the statement.

(2) The Welsh Ministers 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 Welsh Ministers must consult such persons as the Welsh Ministers consider 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) the Welsh Ministers, and

(b) a panel established under section (Establishment of independent panel (No.2)),

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

Insert the following new Clause—

“The EU financial sanctions to which Part (EU fines: Wales) applies

(1) This Part applies to an EU financial sanction imposed on the United Kingdom if—

(a) the sanction is imposed after the commencement of this Part, and

(b) the Welsh Ministers certify that this Part applies to the sanction.

(2) If a certificate under subsection (1)—

(a) specifies a part or parts of the EU financial sanction concerned, and

(b) states that this Part applies only to that part, or those parts, of the sanction,

this Part applies to the sanction as if it included only that part or those parts.

(3) A certificate under subsection (1)—

(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 future periodic payment that may fall due from the United Kingdom under those terms; and

(b) must be given in such form and published in such manner as the Welsh Ministers think fit.

(4) Any provision under subsection (3)(a)(iii) that is made in a certificate under subsection (1) 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 (1).”

Insert the following new Clause—

“Meaning of “Welsh public authority” and related terms

(1) Subsections (2) to (5) define various terms used in this Part.

(2) “Welsh public authority” means—

(a) a council of a county or county borough in Wales; or

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

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

(4) References to Welsh devolved functions are to 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.

(5) The “appropriate national authority”, in relation to a Welsh public authority with any functions other than Welsh devolved functions, means the following national authority or authorities (according to whichever one or more of the following paragraphs apply to that Welsh public authority)—

(a) a Minister of the Crown, if the Welsh public authority has any functions which are not devolved functions;

(b) the Scottish Ministers, if the Welsh public authority has any Scottish devolved functions; and

(c) the relevant Northern Ireland Department, if the Welsh public authority has any Northern Ireland devolved functions.

(6) In subsection (5)(a) “devolved functions” means—

(a) Welsh devolved functions;

(b) Scottish devolved functions; or

(c) Northern Ireland devolved functions.

(7) In subsections (5) and (6)—

“Northern Ireland devolved functions” means 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);

“Scottish devolved functions” means functions the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998).”

Insert the following new Clause—

“Designation of Welsh public authorities

(1) The Welsh Ministers may by order designate a Welsh public authority for the purposes of this Part.

(2) The order must—

(a) specify the Welsh 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 an 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 Welsh public authority which—

(a) are carried out in the exercise of Welsh devolved functions of the 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 National Assembly for Wales;

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

(c) a member of the Welsh Assembly Government;

(d) a court or tribunal.

(7) Before making an order designating a Welsh public authority the Welsh Ministers must consult—

(a) the authority concerned; and

(b) if the authority concerned has any functions other than Welsh devolved functions, the appropriate national authority.

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

Insert the following new Clause—

“Establishment of independent panel (No. 2)

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

(2) The Welsh Ministers 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 Welsh public authority in relation to that EU financial sanction.

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

(5) The Welsh Ministers may invite nominations for appointment to the panel from such organisations as the Welsh Ministers consider appropriate.

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

(7) The Welsh Ministers may pay to a member of the panel such fees, allowances or expenses as the Welsh Ministers may determine.

(8) The Welsh Ministers may provide such staff, accommodation or other facilities as the Welsh Ministers may consider necessary to enable the panel to carry out its functions.”

Insert the following new Clause—

“Warning notices

(1) Before a Welsh public authority which has been designated under section (Designation of Welsh 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) the Welsh Ministers must give a warning notice under this section to the authority;

(b) the procedures set out in the warning notice (with any changes made under subsection (9)) must be followed; and

(c) the Welsh Ministers must determine the matters mentioned in section (Matters to be determined before a final notice is given (No. 2))(4).

(2) A warning notice is a notice stating that the Welsh Ministers, having regard to the judgment of the Court of Justice imposing the EU financial sanction, believe—

(a) that acts of the authority may have caused or contributed to the infraction of EU law for which the EU financial sanction was imposed; and

(b) that, if acts of the authority did cause or contribute to that infraction of EU law, it would be appropriate to consider requiring the authority to make payments under this Part (which may be or include ongoing payments) in respect of that financial sanction.

(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 (7));

(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 (8));

(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 (No. 2))(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 Welsh 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 the Welsh Ministers before any requirement to make a payment can be imposed on the authority;

(g) invite the authority to make representations to the Welsh Ministers about the matters mentioned in paragraphs (e) and (f);

(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 (No. 2))(4), including its response to any representations made (and any supporting evidence submitted) to the panel —

(i) by the Welsh Ministers (whether in relation to matters arising from the notice or matters arising from any other warning notice given to another Welsh public authority in relation to the same EU financial sanction);

(ii) by another Welsh 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 an invitation under paragraph (j) included in the notice; and

(j) if the authority has any functions other than Welsh devolved functions, invite the appropriate national authority to make representations about anything contained in or arising from the notice.

(4) The warning notice may contain such other information as the Welsh Ministers consider appropriate.

(5) Before giving a warning notice to the authority, the Welsh Ministers 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)).

(6) If the authority has any functions other than Welsh devolved functions, the Welsh Ministers 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 Welsh Ministers decide to give.

(7) 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 (EU fines: Wales) 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 (EU fines: Wales) 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.

(8) 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 (EU fines: Wales) applies)(2).

(9) The Welsh Ministers may, after considering any representations made by the authority under subsection (3)(g) but before the matters mentioned in section (Matters to be determined before a final notice is given (No. 2))(4) are determined, give the authority—

(a) a notice stating any changes that the Welsh Ministers have decided to make to the procedures or timetable as originally set out in the warning notice under subsection (3)(e) and (f); and

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

(10) The Welsh Ministers must consult the panel before making any changes under subsection (9).

(11) A warning notice given to a Welsh public authority may be withdrawn at any time before the matters mentioned in section (Matters to be determined before a final notice is given (No.2))(4) are determined, but this does not prevent another warning notice being given to the authority in relation to the same EU financial sanction.

(12) In this section and section (Matters to be determined before a final notice is given (No.2)) “the panel” means the panel established under section (Establishment of independent panel (No.2)) to deal with the EU financial sanction to which the notice relates.”

Insert the following new Clause—

“Matters to be determined before a final notice is given (No. 2)

(1) This section applies where—

(a) a warning notice has been given to a Welsh 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 a report to the Welsh Ministers 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 Welsh Ministers in such manner as they think 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, the Welsh Ministers 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 (Warning notices), 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 Welsh Ministers 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 any functions other than Welsh devolved functions, the need to avoid any prejudicial effect on the performance by the authority of those other 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 Welsh Ministers must invite—

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

(b) if the authority has any functions other than Welsh devolved functions, representations from the appropriate national authority.”

Insert the following new Clause—

“Final notices

(1) The Welsh Ministers may give a final notice to a Welsh public authority only if they have decided in accordance with section (Matters to be determined before a final notice is given (No.2)) to impose a requirement under this Part on the authority.

(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 the Welsh Ministers have under section (Matters to be determined before a final notice is given (No.2))(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 the Welsh Ministers under section (Matters to be determined before a final notice is given (No.2))(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 (EU fines: Wales) 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 (EU fines: Wales) 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 (EU fines: Wales) 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 the Welsh Ministers give 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 the Welsh Ministers consider 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) The Welsh Ministers 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 any functions other than Welsh devolved 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) the Welsh Ministers 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).”

Insert the following new Clause—

“Interpretation of Part: general

In this Part—

“act” includes omission;

“the appropriate national authority”, in relation to a Welsh public authority with any functions other than Welsh devolved functions, has the meaning given by section (Meaning of “Welsh public authority” and related terms)(5);

“Article 260(2) proceedings” has the meaning given by section (Power to require Welsh public authorities to make payments in respect of certain EU financial sanctions)(5)(c);

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

“EU financial sanction” has the meaning given by section (Power to require Welsh public authorities to make payments in respect of certain EU financial sanctions)(5)(a);

“final notice” means a notice under section (Final notices);

“functions” and “Welsh devolved functions” are to be construed in accordance with section (Meaning of “Welsh public authority” and related terms)(3) and (4);

“infraction of EU law”, in relation to an EU financial sanction, has the meaning given by section (Power to require Welsh public authorities to make payments in respect of certain EU financial sanctions)(5)(b);

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

“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;

“warning notice” means a notice under section (Warning notices);

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

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”.”

Insert the following new Clause—

“Youth councils

(1) Every local authority must establish a council representing the interests of young people within the authority’s area, to be known as a “youth council”.

(2) A local authority must—

(a) consult the relevant youth council of any authority proposal that may affect the youth council or young people in the community;

(b) provide an opportunity for the youth council to respond to the proposal; and

(c) take the views of the youth council into account when making a decision about the proposal.

(3) Subsection (2) does not affect the ability of the youth council to make a properly constituted petition to the local authority.

(4) At least 60 per cent of the members of the youth council must be under the age of 18 years.”

Page 38, line 17, leave out “one or more” and insert “at least one-third of the”

Leave out Clause 42

Page 39, line 6, at end insert—

“( ) where the petition is from a relevant youth council, it is duly signed by a majority of members of that youth council.”

Page 39, line 40, at end insert “, or

( ) such area as may be determined by the authority.”

Leave out Clause 43

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

Leave out Clause 44

Page 40, line 15, leave out paragraph (c)

Leave out Clause 45

Leave out Clause 46

Page 41, line 28, at end insert—

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

Page 41, line 28, at end insert—

“( ) The fourth ground is that a referendum on the same issue has been held in the relevant area in the previous three years.”

Leave out Clause 47

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

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

Leave out Clause 48

Leave out Clause 49

Leave out Clause 50

Leave out Clause 51

Insert the following new Clause—

“Role of the Electoral Commission in local referendums

(1) The Electoral Commission is responsible for making a final determination about the following matters—

(a) the wording of a question to be asked in a referendum; and

(b) the question as to whether a referendum on the same issue has been held in the previous three years.

(2) The Electoral Commission may only make a determination under subsection (1) where either—

(a) the petition organiser; or

(b) the members of the authority requesting the referendum;

have requested a determination.”

Leave out Clause 52

Leave out Clause 53

Page 46, line 37, at end insert “and the Local Government Association”

Leave out Clause 54

Leave out Clause 55

Page 47, line 5, at end insert—

“( ) Where at least 50 per cent of all those eligible to vote have voted in the referendum and at least 50 per cent of those voting have supported the proposition contained in the question in the referendum, the authority will have a duty to use all reasonable endeavours to give effect to the result.”

Leave out Clause 56

Leave out Clause 57

Leave out Clause 58

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

Page 48, line 10, at end insert—

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

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

Leave out Clause 59

Page 276, line 6, at end insert “, and must be accompanied by the reasons for determining why there should be different categories of authority for the year under consideration”

Page 278, line 38, at end insert—

“( ) On application by a relevant authority, the Secretary of State may direct that the substitute calculations referred to in subsection (5) may be increased by an amount determined by the Secretary of State.”

Page 282, leave out lines 42 to 45

Page 285, leave out lines 31 to 45

Page 285, leave out lines 32 to 41

Page 285, leave out lines 44 and 45

Page 286, line 6, at end insert—

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

Page 286, line 12, at the beginning insert “Subject to subsection (1A),”

Page 286, line 20, at end insert—

“(1A) Where an authority’s council calculations are such as to produce a relevant basic amount of council tax calculations that is excessive by reference to the principles determined by the Secretary of State for the year, the authority concerned may seek an independent assessment of whether—

(a) the authority will be unable to discharge its functions in an effective manner, or

(b) the authority will be unable to meet its financial obligations,

unless this is the case.

(1B) An independent assessment of the kind referred to in subsection (1A) must be carried out—

(a) by a person agreed by the Secretary of State and the authority; or

(b) in the absence of agreement, to a person appointed by the Chartered Institute of Public Finance and Accountancy.

(1C) The Secretary of State must give a direction under subsection (1) if an independent assessment determines that the authority would be unable to discharge its functions or meet its financial obligations.”

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”.”

Page 50, line 14, leave out “and (e)” and insert “, (e) and (f)”

Page 52, line 29, leave out second “a” and insert “the”

Page 307, line 26, after “(7)(a)” insert “—

(a) in sub-paragraph (i) omit “general fund or (as the case may be)”, and

(b) ”

Page 310, line 17, at end insert—

“(3A) In subsection (2)(a) omit the words from “, other than” to “1988 Act”.

(3B) In subsection (3)(a)—

(a) at the end of sub-paragraph (i) insert “or”, and

(b) omit sub-paragraph (iii).”

Page 310, line 34, at end insert—

“(3A) Omit subsection (3).

(3B) In subsection (4) omit “or subsection (3) above”.”

Page 314, line 30, at end insert—

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”.”

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.”

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

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

Page 60, line 36, at end insert “subject to the approval of a majority of employees who may be affected”

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

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”

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

Page 61, line 26, at end insert—

“(1A) The Secretary of State may by regulations specify an annual cost of a relevant service at or above which level a relevant authority may reject an expression of interest.

(1B) An annual cost of a service that is specified under subsection (1A) shall be set at the level at or above which a full open tendering process is required to take place by any Act or regulations.”

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

“(a)”

Page 61, line 29, at end insert “, or

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

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

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.”

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).”

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

Page 61, line 43, at end insert “and whether it would be appropriate to include particular restrictions on or requirements of persons bidding in response to the exercise”

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

Page 62, line 5, at end insert—

“(9) The grounds specified by the Secretary of State in exercising the power in subsection (8) may in particular include a reference to existing contractual conditions which, if broken, would result in substantial damages or compensation being paid by the relevant authority.”

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).”

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

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.”

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),”

Leave out Clause 73

Insert the following new Clause—

“Freedom of information and contracts

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

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

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

(a) the contractor,

(b) a sub-contractor, and

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

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

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

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

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

Insert the following new Clause—

“Publicly owned companies

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

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

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

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

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

Insert the following new Clause—

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

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

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

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

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

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

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

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

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

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

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

Insert the following new Clause—

“Definition of “community value”

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

Page 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—”

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

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

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

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;”

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

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.”

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

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);”

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.”

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

Page 67, line 8, at end insert “to be not less than 60 days”

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,”

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

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

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) ”

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

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

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

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.”

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

Insert the following new Clause—

“Duty to promote sustainable development

(1) Each person who is carrying out functions under any Acts relating to planning and who is—

(a) a local planning authority,

(b) a county council in England that is not a local planning authority,

(c) the Secretary of State when carrying out functions relating to applications for development consent,

(d) a qualifying body for the purposes of Schedule 9 (neighbourhood planning),

(e) a body, or other person, that is prescribed or of a prescribed description,

must carry out their functions with the objective of promoting sustainable development.

(2) For the purposes of subsection (1) “sustainable development” means development that meets the social, economic and environmental needs of the present without compromising the ability of future generations to meet their own needs, based on the following guiding principles—

(a) living within environmental limits, namely respecting the limits of the planet’s environment, resources and biodiversity, to improve our environment and ensure that the natural resources needed for life are unimpaired and remain so for future generations,

(b) ensuring a strong, healthy and just society, namely meeting the diverse needs of all people in existing and future communities, promoting personal wellbeing, social cohesion and inclusion, and creating equal opportunity for all,

(c) achieving a sustainable economy, namely building a strong, stable and sustainable economy which provides prosperity and opportunities to all, and in which environmental and social costs fall on those who impose them and efficient resource use is incentivised,

(d) promoting good governance, namely actively promoting effective, participative systems of governance in all levels of society and engaging people’s creativity, energy and diversity,

(e) using sound science responsibly, namely ensuring policy is developed on the basis of strong scientific evidence, whilst taking into account scientific uncertainty (through the precautionary principle) as well as public attitudes and values.

(3) Section 10 of the Planning Act 2004 is amended as follows.

(4) After subsection (3) insert—

“(4) In this section “sustainable development” has the same meaning as in section (Duty to promote sustainable development) in the Localism Act 2011.””

Insert the following new Clause—

“National Planning Policy Framework

(1) The Secretary of State must issue, designate and update a National Planning Policy Framework, which will establish policies to achieve sustainable development in the development and other use of land.

(2) Such policies should relate to mitigation of, and adaption to, climate change.

(3) Before designating a document as the National Planning Policy Framework for the purposes of this Act or before amending any such document, the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the document or any amendments to it.

(4) A document may be designated as a National Planning Policy Framework for the purposes of this Act only if any consultation, publicity or parliamentary requirements set out by the Secretary of State have been complied with in relation to it.

(5) The requirements in subsection (4) above apply to any amendments to a National Planning Policy Framework.”

Page 75, line 7, after “sections” insert “70(5),”

Page 75, line 7, after “82(1)” insert “and (2)”

Page 75, line 8, leave out “(effect” and insert “(interpretation and effect”

Page 75, line 15, leave out subsections (3) and (4) and insert—

“(3) The Secretary of State may by order revoke the whole or any part of a regional strategy under Part 5 of that Act.

(3A) An order under subsection (3) may, in particular, revoke all of the regional strategies (or all of the remaining regional strategies) under Part 5 of that Act.

(3B) The Secretary of State may by order revoke the whole or any part of a direction under paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 (directions preserving development plan policies) if and so far as it relates to a policy contained in a structure plan.

(3C) An order under subsection (3B) may, in particular, revoke all directions (or all remaining directions) under paragraph 1(3) of that Schedule so far as they relate to policies contained in structure plans.”

Page 75, line 15, at end insert—

“(3A) Subsection (3) shall not apply to those policies in an approved regional strategy that have been specifically referred to as part of the policy content of a Local Development Framework submitted under section 20(1) of the Planning and Compulsory Purchase Act 2004 (independent examination) in advance of the coming into force of this section.

(3B) Subsection (3A) shall apply until whichever is the earlier of—

(a) at the end of the period of three years starting with the date on which regional strategies are revoked under subsection (3) above,

(b) the day when in relation to a policy covered by subsection (3A), a new policy which expressly replaces it is adopted or approved.”

Page 315, line 36, leave out “omit paragraph (a)” and insert “in paragraph (a) after “situated” insert “(if there is a regional strategy for that region)”.

(2) Omit section 38(3)(a).”

Page 316, line 31, at end insert—

17A In section 70(5) (which provides for how a regional strategy is to be interpreted) for “the regional strategy” insert “a regional strategy under this Part”.

17B In section 82(2) (during the interim period, a regional strategy does not include the regional economic strategy) for the words after “For the purposes of that section,” substitute “a regional strategy under this Part is to be regarded as consisting solely of the regional spatial strategy under section 1 of the Planning and Compulsory Purchase Act 2004 that subsisted for the region concerned immediately before 1 April 2010.””

Page 77, leave out lines 7 to 9

Page 77, line 35, leave out subsection (2) and insert—

“(3) The scheme must contain—

(a) an assessment expressed in numerical terms concerning the present and projected levels of accommodation need and demand in the district of the housing market area within which the local planning authority falls; and

(b) the authority’s proposals for addressing such needs and demands.

(3A) The proposals referred to in subsection (3) shall include the authority’s plans relating to the provision of housing, including affordable housing, in its district.””

Insert the following new Clause—

“Development plan documents: climate change and carbon budgets

(1) Section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of local development documents) is amended as follows.

(2) For subsection (1A) substitute—

“(1A) Development plan documents must include policies designed to ensure the development and use of land in the local planning authority’s area—

(a) achieves reductions of greenhouse gas emissions in line with the carbon budgets set under the Climate Change Act 2008; and

(b) meets the national planning policy objectives on assessing the risk of and adapting to climate change in relation to that area.”

Page 78, line 25, at end insert—

“(ai) that the document has had due regard to protecting and enhancing the quality and character of the countryside”

Page 78, line 25, at end insert—

“(ai) that the document has had due regard to a preference for using land in the authority’s area that has been previously developed,”

Page 78, line 38, at end insert—

“(7AA) Subsection (7B) applies where the person appointed to carry out the examination—

(a) does not consider that, in all the circumstances, it would be reasonable to conclude that the document satisfies the requirements mentioned in subsection (5)(a) and is sound, but

(b) does consider that, in all the circumstances, it would be reasonable to conclude that the local planning authority complied with any duty imposed on the authority by section 33A in relation to the document’s preparation.”

Insert the following new Clause—

“Local development plans: transitional arrangements

(1) The Secretary of State may by regulations specify transitional arrangements concerning the timetable and procedures involved in the introduction of changes to local development schemes and the preparation and adoption of local development documents.

(2) Subsection (1) applies—

(a) where changes are required by any enactment, and

(b) where changes are required following the issue of new or revised guidance by the Secretary of State.”

Insert the following new Clause—

“Information concerning the need for affordable housing

(1) Section 13 of the Planning and Compulsory Purchase Act 2004 (survey of area) is amended as follows.

(2) After subsection (2)(d), at end insert—

“(da) the need and demand for housing, including affordable housing, in the housing market area in which the local planning authority falls;”

(3) After subsection (3)(a), insert—

“(aa) changes in the need or demand for development in the market areas in which the local planning authority falls;”

(4) After subsection (6), insert—

“(7) In preparing the statement referred to in subsection (2)(d), the local planning authority must have regard to such guidance as may from time to time be given to the Secretary of State concerning the methodology to be adopted in compiling the relevant data in respect of housing need and housing demand within its district.

(8) Each local planning authority must publish an annual statement setting out the matters that it has reviewed, and any changes that it proposes to implement, to local development documents.

(9) Each local planning authority must publish an initial view report detailing, in particular, an initial assessment of the matters referred to in subsection (2), before preparing a local development document.”.”

Page 82, line 44, at end insert—

“(aa) in subsection (5) “The Regulations may”, leave out “may” and insert “must”

Page 83, line 11, leave out “infrastructure” and insert “the infrastructure needs identified in the “appropriate available evidence” specified in Section 211(7A) in order”

Page 84, line 9, at end insert—

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

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

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

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

Page 319, leave out lines 11 to 18 and insert—

“(a) it is established for the express purpose of promoting or improving the social, economic and environmental well-being of an area that consists of or includes the neighbourhood area concerned (whether or not it is also established for the express purpose of promoting the carrying on of trades, professions or other businesses in such an area),”

Line 3, leave out “and environmental” and insert “, environmental and cultural”

Page 319, leave out lines 11 to 18 and insert—

“(a) it is established expressly for the purpose of furthering the social, economic, environmental and cultural well-being of individuals living, or wanting to live, in an area that consists of or includes the neighbourhood area concerned, and, if it is appropriate to the nature of the area, promoting the carrying on of trades, professions or other businesses in such an area,”

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

Page 321, line 18, at end insert—

“( ) A neighbourhood forum designated under this section is to be taken for the purposes of section 6(3)(b) of the Human Rights Act 1998 and section 149(2) of the Equality Act 2010 to be exercising a function of a public nature when exercising functions under this Act.”

Page 322, line 10, at end insert “; but if a modification relates to any extent to the area of a parish council, the modification may be made only with the council’s consent”

Page 324, line 36, at end insert—

“(c) in the case of planning permission for the construction of a basement at an existing property, provision requiring the applicant to undertake full consultation with owners of adjoining properties and with any others who would be adversely affected by the construction.”

Page 328, line 8, after first “in” insert “the whole or any part of”

Page 328, line 8, at end insert “that indicates priorities to—

(a) achieve reductions of greenhouse gas emissions in line with the carbon budgets set under the Climate Change Act 2008; and

(b) meet national policy objectives on assessing the risk of and adapting to climate change in relation to that area”

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

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

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

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

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

Page 328, line 25, at end insert—

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

Page 328, line 34, at end insert—

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

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

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

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

Page 329, line 37, at end insert—

“38AA Additional rights of qualifying bodies

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

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

Page 333, line 3, at end insert—

“(3) The power to make regulations under this paragraph must be exercised to secure that—

(a) prescribed requirements as to consultation with and participation by the public must be complied with before a proposal for a neighbourhood development order may be submitted to a local planning authority, and

(b) a statement containing the following information in relation to that consultation and participation must accompany the proposal submitted to the authority—

(i) details of those consulted,

(ii) a summary of the main issues raised, and

(iii) any other information of a prescribed description.”

Page 335, leave out lines 18 to 20 and insert—

“(a) the making of the order is in general conformity with the national planning policies and advice contained in guidance issued by the Secretary of State,”

Page 335, line 27, at end insert—

“(ca) the making of the order contributes to the achievement of sustainable development,”

Page 336, line 18, at end insert—

“( ) Any person who makes representations seeking to change a neighbourhood development order or neighbourhood plan, on request, be given the opportunity to appear before and be heard by the person carrying out the examination.”

Page 349, line 44, at end insert—

“21A (1)

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

(3) After that subsection insert—

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

Page 90, line 18, leave out “an” and insert “a pre-existing”

Page 90, line 20, at end insert—

“(2) For the purposes of the operation of this section in relation to any particular application for planning permission, a “pre-existing enforcement notice” is an enforcement notice issued before the application was received by the local planning authority.”

Page 90, line 20, at end insert—

“70D Requirement for consultation on retrospective application

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

Page 94, line 36, at end insert—

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

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

Page 95, line 41, after “(5)” insert “and the right of appeal under section 225AA”

Page 96, line 3, leave out “made”

Page 96, line 30, leave out “within the period” and insert “by the time”

Page 96, line 31, at end insert “and

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

Page 97, line 28, at end insert—

“225AA Appeal against notice under section 225A

(1) A person on whom a removal notice has been served in accordance with section 225A(3) or (5)(b) may appeal to a magistrates’ court on any of the following grounds—

(a) that the display structure concerned is not used for the display of advertisements in contravention of regulations under section 220;

(b) that there has been some informality, defect or error in, or in connection with, the notice;

(c) that the period between the date of the notice and the time specified in the notice is not reasonably sufficient for the removal of the display structure;

(d) that the notice should have been served on another person.

(2) For the purposes of subsection (3), a person is a “permitted appellant” in relation to a removal notice if—

(a) the removal notice has been fixed or exhibited in accordance with section 225A(5)(a);

(b) the person is an owner or occupier of the land on which the display structure concerned is situated; and

(c) no copy of the removal notice has been served on the person in accordance with section 225A(5)(b).

(3) A person who is a permitted appellant in relation to a removal notice may appeal to a magistrates’ court on any of the following grounds—

(a) that the display structure concerned is not used for the display of advertisements in contravention of regulations under section 220;

(b) that there has been some informality, defect or error in, or in connection with, the notice;

(c) that the period between the date of the notice and the time specified in the notice is not reasonably sufficient for the removal of the display structure.

(4) So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (3)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(5) If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the removal notice should have been served in accordance with section 225A(3) or (5)(b).

(6) If—

(a) a removal notice is served on a person in accordance with section 225A(3) or (5)(b), and

(b) the local planning authority bring proceedings against the person for the recovery under section 225A(7) of any expenses,

it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).

(7) In this section “removal notice” and “display structure” have the same meaning as in section 225A.”

Page 97, line 28, at end insert—

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

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

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

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

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

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

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

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

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

Insert the following new Clause—

“Directions relating to railway projects

(1) In the Planning Act 2008 after section 35A insert—

“35B Directions relating to railway projects

(1) Subsection (2) applies if a project for the construction or alteration of a railway includes—

(a) development which is within section 14(1)(k), and

(b) development which is permitted development and which is to be carried out wholly in England.

(2) The Secretary of State for Transport may, in response to a qualifying request, direct in the case of any specified development within subsection (1)(b) that—

(a) development consent is not required for the specific development, or

(b) development consent for development within subsection (1)(a) may also be granted for the specific development.

(3) A direction under subsection (2) can only be made if the Secretary of State for Transport thinks that the making of the direction will promote the efficient and timely development of the rail network.

(4) Subsection (5) applies if—

(a) a project consists of development which is within section 14(1)(k), and

(b) the Secretary of State for Transport thinks that the project, taking into account its size, its potential effect on the railway network and all other relevant circumstances, is not of national significance, whether by itself or when considered with any other related project or proposed project in the same field.

(5) The Secretary of State for Transport may, in response to a qualifying request, direct the development to be treated for specified purposes or generally as development for which development consent is not required.

(6) If the Secretary of State for Transport decides to give a direction under subsection (2) or (5), the Secretary of State for Transport must give reasons for the decision.

(7) In this section “qualifying request”, in relation to any development, means a written request which is made by the person proposing to carry out the development and which specifies the development, and—

(a) in the case of a request for a direction under subsection (2), explains why the conditions in subsections (1) and (3) are met; and

(b) in the case of a request for a direction under subsection (5), explains why the conditions in subsection (4) are met.”

(2) In section 15(5) (development for which development consent may be granted) after “associated development” insert “or development in respect of which a direction has been given under section 35B(2)(b)”.”

Insert the following new Clause—

“Hydraulic fracturing of underground rock

(1) Within 12 months of this Act being passed, the Secretary of State shall, by order, amend the Planning Act 2008 as follows.

(2) In section 14(1) (nationally significant infrastructure projects: general), at the end insert—

“(q) the hydraulic fracturing of underground rock”.”

Insert the following new Clause—

“Planning permission for development under land

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

“75A Planning permission for development under land

(1) In considering an application for planing permission for a development involving building under land, a local planning authority shall—

(a) have regard to the number of other applications for such development in the locality that it has granted;

(b) presume that if it has granted permission for such development in respect of one application it will, unless there are exceptional circumstances, grant permission for other applications proposing similar development; and

(c) ensure that adequate protection is provided for adjacent and neighbouring properties.

(2) The Secretary of State may make regulations requiring an applicant for planning permission for a development involving building under land to demonstrate that the applicant has entered into such insurance arrangements or bonds or other security as are specified in the regulations.

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

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

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

Insert the following new Clause—

“Code of practice for subterranean development

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

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

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

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

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

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

(e) the monitoring of noise and vibration;

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

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

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

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

Line 22, at end insert “; and

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

Insert the following new Clause—

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

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

“20A Application to subterranean development

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

Insert the following new Clause—

“Development on green belt land

The appropriate planning authority may grant planning permission for development involving infilling on green belt land (within the meaning given by Planning Policy Guidance 2: green belts) if on that land sufficient infrastructure and services exist as to make the development reasonable.”

Insert the following new Clause—

“Allowances for disturbance and inconvenience caused by subterranean development

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

(2) The scale may take account of—

(a) the noise levels of the development;

(b) the period of time that it takes;

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

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

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

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

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

Insert the following new Clause—

“Code of practice for developers

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

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

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

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

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

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

(e) the monitoring of noise and vibration;

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

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

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

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

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

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

Insert the following new Clause—

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

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

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

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

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

(b) after section 11(6) insert—

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

Insert the following new Clause—

“Town and village green legislation

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

(2) The regulations may in particular make provision—

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

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

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

(4) The regulations may in particular make provision—

(a) dealing with any case of proposals accepted under section 15 of the Commons Act 2006 and which are subsequently deemed in the view of the registration authority to be frivolous or vexatious;

(b) as to the award of costs to relevant parties and as to the parties by whom the costs are to be made.

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

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

Insert the following new Clause—

“Determination of appeals

(1) Section 79 (determination of appeals) of the Town and Country Planning Act 1990 is amended as follows.

(2) In subsection (1), at the beginning insert “Subject to subsection (1A),”.

(3) After subsection (1) insert—

“(1A) The Secretary of State may only overturn a local planning decision if—

(a) the Secretary of State has reason to believe the decision is unlawful;

(b) the Secretary of State has reason to believe that due process was not followed; or

(c) the proposed development does not contravene materially the local development plan.””

Insert the following new Clause—

“Community right of appeal

(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 70 (determination of applications: general considerations)—

(a) in subsection (1)(a), after the first “subject to” insert “subsection (2A) and”,

(b) after subsection (2) insert—

“(2A) Where the planning authority decides under this section to grant a permission for an application which falls within one of the categories, and meets any of the conditions specified in section 78(2A)—

(a) in case where no appeal is lodged against the decision, it shall make the grant as soon as may be specified in a development order after the expiration of the period for the lodging of an appeal;

(b) in case where an appeal or appeals is or are lodged against the decision, it shall not make the grant unless, as regards the appeal or, as may be appropriate, each of the appeals—

(i) are withdrawn, or

(ii) are dismissed by the Secretary of State.”

“(2A) Where a planning authority grants an application for planning permission, and—

(a) the authority has publicised the application as not according with the development plan in force in the area in which the land to which the application relates is situated; or

(b) the application is one in which the authority has an interest as defined in section 316;

certain persons as specified in subsection (2B) below may by notice appeal to the Secretary of State, provided any one of the conditions in subsection (2C) below are met.

(2B) Persons who may by notice appeal to the Secretary of State against the approval of planning permission in the circumstances specified in subsection (2A) above are—

(a) a ward councillor for the area;

(b) any parish council covering or adjoining the area of land to which the application relates; or

(c) any overview and scrutiny committee for the area.

(2C) The conditions are—

(a) section 61W(1) of the Town and Country Planning Act 1990 applies to the application;

(b) the application is accompanied by an environmental impact assessment;

(c) the planning officer has recommended refusal of planning permission.”

(4) In section 78, after subsection (4D) insert—

“(4E) For appeals lodged under subsection (2A), a notice must be served no later than 28 days from the date of notification of the decision.”

(a) in subsection (2), omit “either” and the words after “planning authority” and insert “or the applicant (where different from the appellant)”;

(b) in subsection (6), after “the determination”, insert “except for appeals as defined in section 78(2A) and where the appellant is as defined in section 79(2B).””

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.””

Insert the following new Clause—

“Report on Part 5

(1) The Secretary of State must—

(a) establish an independent review of the planning provisions introduced by Part 5;

(b) publish a report on this review, including any recommendations for change; and

(c) lay a copy of the report before both Houses of Parliament within 3 years of section 97 coming into force.

(2) The report required under subsection (2) must, in particular—

(a) have regard to and report on the effectiveness of the provisions in producing sustainable development outcomes;

(b) report on the extent to which planning permission has been granted in respect of brownfield land;

(c) report on the extent to which open spaces and the green belt have been protected;

(d) report on the extent to which affordable and sustainable housing targets have been achieved;

(e) provide statistical information about the number of planning applications that were approved, approved but not actioned, or appealed before and after the commencement of that Part.”

Page 193, line 41, leave out “In section 14” and insert “For sections 14 to 16”

Page 193, line 41, leave out from “permission)” to end of line 6 on page 194 and insert “substitute—

“14 Taking account of actual or prospective planning permission”

Page 194, line 9, leave out “in England”

Page 194, line 24, at end insert “to which subsection (4)(b)(i) applies, and

(b) that, in the case of any development that is appropriate alternative development to which subsection (4)(b)(ii) applies and subsection (4)(b)(i) does not apply, it is certain at the relevant valuation date that planning permission for that development will be granted at the later time at which at that date it could reasonably have been expected to be granted.”

Page 196, line 4, leave out “14B” and insert “15”

Page 196, leave out line 7

Page 196, line 21, leave out subsections (4) and (5)

Page 196, line 29, leave out “In section 17” and insert “For sections 17 and 18”

Page 196, line 29, leave out from “alternative” to end of line 35 and insert “development and appeals against certificates) substitute—

“17 Certificates of appropriate alternative development”

Page 196, line 36, leave out “in England”

Page 197, line 4, leave out “authority proposing to acquire the interest” and insert “acquiring authority”

Page 198, line 39, leave out from beginning to “Appeal” in line 41 and insert—

“18 ”

Page 198, line 46, after “be” insert “, or is,”

Page 199, line 19, leave out subsection (9)

Page 199, line 30, leave out from “3)” to end of line 35 and insert “omit—

(a) in the opening words—

(i) the words “and appeals under section eighteen of this Act”, and

(ii) the word “respectively”,

(b) paragraph (b) (manner of and time for giving notice of appeal), and

(c) paragraph (d) (which refers to provisions of section 17 not re-enacted in the section 17 substituted by this Act).

(10A) Omit section 21 (proceedings for challenging validity of decision on appeal under section 18).

(11) In section 22 (interpretation of Part 3)—

(a) in subsection (1) (meaning of “the parties directly concerned”) for “authority by whom it is proposing to be acquired” substitute “acquiring authority”, and

(b) in subsection (2) (interpretation of sections 17 and 18) for “and eighteen” substitute “to nineteen”.

(12) In each of paragraph 11 of Schedule 27 to the Local Government, Planning and Land Act 1980 and paragraph 8 of Schedule 9 to the Housing Act 1988 (modifications of section 17(2) of the 1961 Act)—

(a) for “authority proposed to acquire it” substitute “acquiring authority”,

(b) for “in respect thereof,” substitute “in respect of the interest”, and

(c) for “sale thereof” substitute “sale of the interest”.

(13) The amendments made in the Land Compensation Act 1961 by this section apply to the Crown to the extent set out in section 33 of that Act (Act applies in relation to acquisition by government department, including any Minister of the Crown, that is an authority possessing compulsory purchase powers as it applies to other authorities possessing those powers).”

Page 419, line 31, at end insert “(Transfer schemes),”

Page 420, line 5, leave out from beginning to first “to” in line 6 and insert “an appropriate authority to be required or permitted”

Page 420, line 18, leave out from beginning to first “to” in line 19 and insert “an appropriate authority to be required or permitted”

Page 420, line 24, at end insert—

““appropriate authority” means—

(a) the Treasury,

(b) any other Minister of the Crown with the consent of the Treasury, or

(c) the Mayor of London with the consent of the Treasury,

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

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

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

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

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

Page 200, line 42, at end insert—

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

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

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

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

Page 201, line 3, at end insert—

“(ba) an order under section 8(2);”

Page 201, line 3, at end insert—

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

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

Page 201, line 7, at end insert—

“(fa) regulations under section 105;”

Page 201, line 10, leave out “105 or”

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

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

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),”

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

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

Page 201, line 41, at end insert—

“(aa) an order under section (Designation of Welsh public authorities),”

Page 202, line 7, at end insert—

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

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.”

Page 202, line 10, at end insert—

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

Page 202, line 22, after “to” insert “Part (EU fines: Wales) and”

Page 421, line 6, at end insert—

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

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

Page 424, line 36, at end insert—

Page 424, line 36, at end insert—

Page 424, line 43, at end insert—

Page 424, line 47, at end insert—

Page 424, line 47, at end insert—

Page 427, line 29, at end insert—

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

Page 431, line 3, at end insert—

Page 431, line 14, column 2, after “(2),” insert “the paragraph (a) inserted in relation to authorities in England by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190), and”

Page 431, line 25, column 2, after “(7)(a),” insert “in sub-paragraph (i), the words “general fund or (as the case may be)”, and”

Page 431, leave out line 45 and insert—

Page 433, line 8, at end insert—

Page 433, line 9, leave out “70” and insert “70(1) to (4) and (6) to (8) and 71”

Page 433, line 10, leave out “82(2) and (3)” and insert “82(3)”

Page 433, column 2, leave out lines 19 to 23

Page 434, line 27, at end insert—

Page 434, line 38, after “82(1)” insert “and (2)”

Page 434, line 44, at end insert—

Page 435, line 13, at end insert—

Page 436, line 27, at end insert—

Page 439, leave out line 5

Page 440, line 5, leave out “subsection (8)(a),” and insert “in subsection (8), paragraph (a) and the word “and” at the end of that paragraph.”

Page 440, line 17, leave out “(d) paragraph 4,”

Page 442, line 17, leave out “62(a) and (b)” and insert “62(b)”

Page 442, leave out lines 37 to 40

Page 445, line 20, at end insert—

Page 445, leave out lines 28 to 32

Page 446, line 18, leave out “Section 17(10) and (11).” and insert—

Page 446, line 21, at end insert—

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

Insert the following new Clause—

“Post-legislative impact assessment

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

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

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

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

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

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

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

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

(a) county councils in England;

(b) district councils in England;

(c) London borough councils;

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

(e) the Greater London Authority;

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

Page 202, line 41, at end insert—

“( ) section (Variation of licences: abolition of permitted areas),”

Page 202, line 41, at end insert—

“(za) Part 2,”

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

[Re-tabled as Amendment 249BA]

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, and the repeal of section 121(1) of the Local Government, Planning and Land Act 1980, extend to England and Wales only.”

Page 203, line 15, at end insert—

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

Page 203, line 26, leave out “, 28 and 31” and insert “and 28”

Page 204, line 11, at end insert—

“(ga) Part (EU fines: Wales),”

Page 204, line 31, at end insert “to (3C), paragraphs 1, 13(1), 17A and 17B of Schedule 8 and section 97(5) so far as relating to those provisions of that Schedule”

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).”

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