Previous Next

Contents page 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-269 270-279 280-289 290-299 300-309 Last page

Localism BillPage 200

(b) an order under section 5(4), other than one that is made only for that
purpose or for imposing conditions on the doing of things for a
commercial purpose;

(c) regulations under section 57 or 69(9);

(d) 5an order under section 75(4) or 84(7);

(e) regulations under section 89;

(f) an order under section 94(2) or 95(6);

(g) an order or regulations under section 222 which amend or repeal a
provision of an Act otherwise than in consequence of provision made
10by or under section 105 or 218;

(h) an order or regulations under section 222 which, in consequence of
provision made by section 218, amend or repeal a provision of an Act
other than a local or private Act.

(8) The Secretary of State may not make—

(a) 15regulations under section 105, or

(b) an order or regulations under section 222 which amend or repeal a
provision of an Act in consequence of provision made by or under
section 105,

unless a draft of the statutory instrument containing the regulations or order
20has been laid before, and approved by a resolution of, the House of Commons.

(9) A statutory instrument that—

(a) contains an order or regulations made by the Secretary of State under
this Act,

(b) is not subject to any requirement that a draft of the instrument be laid
25before, and approved by a resolution of, each House of Parliament, and

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

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

(10) 30Subsection (9) does not apply to—

(a) an order under section 5(1) (but see section 7),

(b) an order under section 5(2) which (in reliance on section 7(4)) is made
in accordance with sections 15 to 19 of the Legislative and Regulatory
Reform Act 2006 as applied by section 7(3), or

(c) 35an order under section 226.

(11) A statutory instrument that contains an order or regulations made by the
Treasury under Schedule 24 is subject to annulment in pursuance of a
resolution of the House of Commons.

(12) The Welsh Ministers may not make—

(a) 40an order or regulations under section 222 which amend or repeal a
provision of legislation,

(b) an order under section 75(4) or 84(7),

(c) regulations under section 89, or

(d) an order under section 94(4) or 95(6),

45unless a draft of the statutory instrument containing the order or regulations
(whether alone or with other provisions) has been laid before, and approved
by a resolution of, the National Assembly for Wales.

(13) A statutory instrument that—

Localism BillPage 201

(a) contains an order or regulations made by the Welsh Ministers under
this Act, and

(b) is not subject to any requirement that a draft of the instrument be laid
before, and approved by a resolution of, the National Assembly for
5Wales,

is subject to annulment in pursuance of a resolution of the National Assembly
for Wales.

(14) In this section “legislation” means—

(a) an Act, or

(b) 10a Measure or Act of the National Assembly for Wales.

222 Power to make further consequential amendments

(1) The appropriate authority may by order or regulations make such provision
amending, repealing or revoking legislation as the appropriate authority
considers appropriate in consequence of any provision made by or under this
15Act.

(2) In subsection (1) “appropriate authority”—

(a) in relation to sections 9, 10, 14, 28, 29, 38, 39, 75 to 96, 135 and 136, and
Parts 2, 5, 6, 8, 9 and 21 of Schedule 25 and section 223 so far as relating
to those Parts, means—

(i) 20the Secretary of State in relation to England, and

(ii) the Welsh Ministers in relation to Wales,

(b) in relation to section 68 means the Welsh Ministers, and

(c) in relation to any other provision made by or under this Act means the
Secretary of State.

(3) 25In subsection (1) “legislation”, in relation to any provision made by or under
this Act, means—

(a) this Act or any Act passed before, or in the same Session as, this Act, or

(b) any instrument made under this or any other Act before the coming
into force of the provision.

(4) 30In subsection (3) “Act” (except in the phrase “this Act”) includes an Act or
Measure of the National Assembly for Wales.

223 Repeals and revocations

Schedule 25 (repeals and revocations) has effect.

224 Financial provisions

35There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State under this Act, and

(b) any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

225 Extent

(1) 40This Act extends to England and Wales only, subject as follows.

(2) The following provisions extend also to Scotland—

Localism BillPage 202

(a) section 116(1) and (3) to (6),

(b) section 219 and Schedule 24, and

(c) sections 221, 222 and 224, this section and sections 226 and 227.

(3) Section 117 extends also to Scotland, but only so far as required for the purpose
5mentioned in section 240(4) of the Planning Act 2008 (construction of certain
cross-border pipelines).

(4) Sections 219, 221, 222 and 224, this section and sections 226 and 227, and
Schedule 24, extend also to Northern Ireland.

(5) Any amendment, repeal or revocation made by this Act has the same extent as
10the provision to which it relates.

226 Commencement

(1) The following provisions come into force at the end of 2 months beginning
with the day on which this Act is passed—

(a) section 14,

(b) 15Chapter 6 of Part 1 so far as relating to England,

(c) section 28,

(d) section 30,

(e) section 41,

(f) section 68,

(g) 20sections 99 to 101,

(h) section 103,

(i) section 130,

(j) section 164,

(k) section 170 and Schedule 18,

(l) 25Chapter 2 of Part 7, except section 184(3)(e) and (f) and (5), and

(m) Parts 5, 7, 13, 16, 28 and 31 of Schedule 25, and section 223 so far as
relating to those Parts.

(2) Subject to subsections (1) and (3) to (6), provisions of this Act come into force
on such day as the Secretary of State may by order appoint.

(3) 30The following provisions so far as relating to Wales come into force on such
day as the Welsh Ministers may by order appoint—

(a) Chapter 6 of Part 1,

(b) section 29,

(c) section 38,

(d) 35section 39,

(e) Chapter 4 of Part 4 except so far as it is brought into force by subsection
(5)(g) and (h),

(f) sections 135 and 136, and

(g) Parts 6, 8, 9 and 21 of Schedule 25, and section 223 so far as relating to
40those Parts.

(4) The following provisions come into force on such day as the Welsh Ministers
may by order appoint—

(a) section 9(1) so far as it inserts—

(i) new sections 5A and 5B so far as relating to fire and rescue
45authorities in Wales,

Localism BillPage 203

(ii) new sections 5C and 5D so far as relating to power of the Welsh
Ministers to make orders, and

(iii) new sections 5F to 5L,

(b) section 9(2) so far as relating to fire and rescue authorities in Wales,

(c) 5section 9(3), (6) and (7)(a) and (c),

(d) section 9(7)(b) so far as it inserts new section 62(1A)(a) and (d),

(e) section 9(7)(b) so far as it inserts new section 62(1A)(b) so far as relating
to power of the Welsh Ministers to make orders,

(f) section 10(1) to (3) and (5) so far as relating to fire and rescue authorities
10in Wales,

(g) section 10(4),

(h) the following so far as relating to fire and rescue authorities in Wales—

(i) in Part 2 of Schedule 25, the entries for sections 5 and 19 of the
Fire and Rescue Services Act 2004, and

(ii) 15section 223 so far as relating to those entries, and

(i) in Part 2 of Schedule 25, the entry for section 62(3) of the Fire and
Rescue Services Act 2004, and section 223 so far as relating to that entry.

(5) The following provisions come into force on the day on which this Act is
passed—

(a) 20section 13,

(b) paragraphs 56 and 57 of Schedule 4, and section 15 so far as relating to
those paragraphs,

(c) section 18,

(d) section 21,

(e) 25Chapter 3 of Part 4 so far as it confers power on the Secretary of State to
make regulations,

(f) section 74,

(g) Chapter 4 of Part 4 so far as it confers power on the Secretary of State,
or the Welsh Ministers, to make regulations or orders,

(h) 30sections 91 and 92,

(i) section 97(1)(b) and (2),

(j) section 98,

(k) sections 104 and 109 and Schedules 9 to 12 so far as those sections or
Schedules confer power on the Secretary of State to make regulations or
35publish documents setting standards,

(l) sections 105 to 108,

(m) the provisions inserted by section 110 so far as they require or authorise
the making of provision in a development order,

(n) section 131,

(o) 40sections 155 to 162,

(p) section 219 and Schedule 24 so far as they confer power on the Treasury
to make regulations or orders,

(q) sections 220, 221, 222, 224, 225, this section and section 227, and

(r) Part 14 of Schedule 25, and section 223 so far as relating to that Part.

(6) 45Section 102 comes into force on the day after the day on which this Act is
passed.

(7) An order under subsection (2), (3) or (4) may—

(a) appoint different days for different purposes;

Localism BillPage 204

(b) make such transitory or transitional provision, or savings, as the person
making the order considers appropriate.

(8) The appropriate authority may by order make such transitory or transitional
provision, or savings, as the appropriate authority considers appropriate in
5connection with the coming into force of any provision of this Act mentioned
in subsection (1), (5) or (6).

(9) In subsection (8) “appropriate authority”—

(a) in relation to sections 14 and 28, and Part 5 of Schedule 25 and section
223 so far as relating to that Part, means—

(i) 10the Secretary of State in relation to England, and

(ii) the Welsh Ministers in relation to Wales,

(b) in relation to sections 68 and 92, and Chapter 4 of Part 4 so far as it
confers power on the Welsh Ministers to make regulations or orders,
means the Welsh Ministers, and

(c) 15in relation to any other provision mentioned in subsection (1), (5) or (6)
means the Secretary of State.

227 Short title

This Act may be cited as the Localism Act 2011.

Localism BillPage 205

SCHEDULES

Section 1

SCHEDULE 1 General power of competence: consequential amendments

Local Government Act 1972 (c. 70)Local Government Act 1972 (c. 70)

1 5In section 137(9)(a) (“local authority” means a parish council which is not an
eligible parish council for the purposes of Part 1 of the Local Government
Act 2000) for “Part 1 of the Local Government Act 2000” substitute “Chapter
1 of Part 1 of the Localism Act 2011 (general power of competence)”.

Local Government Act 2000 (c. 22)Local Government Act 2000 (c. 22)

2 10The Local Government Act 2000 is amended as follows.

3 In section 2(1) (power to promote well-being) after “Every local authority”
insert “in Wales”.

4 In section 3(3) to (6) (limits on power of well-being) for “Secretary of State”
substitute “Welsh Ministers”.

Section 11

15SCHEDULE 2 New arrangements with respect to governance of English local authorities

Part 1 New Part 1A of the Local Government Act 2000

1 After Part 1 of the Local Government Act 2000 insert—

20 Part 1A Arrangements with respect to local authority governance in
England

CHAPTER 1 Permitted forms of governance
9B Permitted forms of governance for local authorities in England

(1) 25A local authority must operate—

(a) executive arrangements,

Localism BillPage 206

(b) a committee system, or

(c) prescribed arrangements.

(2) Executive arrangements must conform with any provisions made by
or under this Part which relate to such arrangements (see, in
5particular, Chapter 2).

(3) A committee system must conform with any provisions made by or
under this Part which relate to such a system (see, in particular,
Chapter 3).

(4) In this Part—

9BA 25Power of Secretary of State to prescribe additional permitted
governance arrangements

(1) The Secretary of State may by regulations make provision
prescribing arrangements that local authorities may operate for and
in connection with the discharge of their functions.

(2) 30In particular, the regulations—

(a) must include provision about how, and by whom, the
functions of a local authority are to be discharged, and

(b) may include provision enabling functions to be delegated.

(3) Regulations under this section may, in particular, include provision
35which applies or reproduces (with or without modifications) any
provisions of, or any provision made under, Chapters 2 to 4 of this
Part.

(4) In considering whether or how to exercise the power in this section,
the Secretary of State must have regard to any proposals made under
40subsection (5).

(5) A local authority may propose to the Secretary of State that the
Secretary of State make regulations prescribing arrangements
specified in the proposal if the authority considers that the
conditions in subsection (6) are met.

(6) 45The conditions are—

(a) that the operation by the authority of the proposed
arrangements would be an improvement on the

Localism BillPage 207

arrangements which the authority has in place for the
discharge of its functions at the time that the proposal is
made to the Secretary of State,

(b) that the operation by the authority of the proposed
5arrangements would be likely to ensure that the decisions of
the authority are taken in an efficient, transparent and
accountable way, and

(c) that the arrangements, if prescribed under this section,
would be appropriate for all local authorities, or for any
10particular description of local authority, to consider.

(7) A proposal under subsection (5)—

(a) must describe the provision which the authority considers
should be made under subsection (2) in relation to the
proposed arrangements, and

(b) 15explain why the conditions in subsection (6) are met in
relation to the proposed arrangements.

CHAPTER 2 Executive arrangements
Local authority executives
9C Local authority executives

(1) 20The executive of a local authority must take a form specified in
subsection (2) or (3).

(2) The executive may consist of—

(a) an elected mayor of the authority, and

(b) two or more councillors of the authority appointed to the
25executive by the elected mayor.

Such an executive is referred to in this Part as a mayor and cabinet
executive.

(3) The executive may consist of—

(a) a councillor of the authority (referred to in this Part as the
30executive leader) elected as leader of the executive by the
authority, and

(b) two or more councillors of the authority appointed to the
executive by the executive leader.

Such an executive is referred to in this Part as a leader and cabinet
35executive (England).

(4) A local authority executive may not include the chairman or vice-
chairman of the authority.

(5) The number of members of a local authority executive may not
exceed 10 or such other number as may be specified in regulations
40made by the Secretary of State.

(6) Section 101 of the Local Government Act 1972 (arrangements for
discharge of functions by local authorities) does not apply to the
function of electing a leader under subsection (3)(a).

Localism BillPage 208

Executive functions
9D Functions which are the responsibility of an executive

(1) This section has effect for the purposes of determining which of the
functions of a local authority that operates executive arrangements
5are the responsibility of an executive of the authority under those
arrangements.

(2) Subject to any provision made by this Act or by any enactment which
is passed or made after the day on which this Act is passed, any
function of the local authority which is not specified in regulations
10under subsection (3) is to be the responsibility of an executive of the
authority under executive arrangements.

(3) The Secretary of State may by regulations make provision for any
function of a local authority specified in the regulations—

(a) to be a function which is not to be the responsibility of an
15executive of the authority under executive arrangements,

(b) to be a function which may be the responsibility of such an
executive under such arrangements, or

(c) to be a function which—

(i) to the extent provided by the regulations, is to be the
20responsibility of such an executive under such
arrangements, and

(ii) to the extent provided by the regulations, is not to be
the responsibility of such an executive under such
arrangements.

(4) 25Executive arrangements must make provision for any function of a
local authority falling within subsection (3)(b)—

(a) to be a function which is to be the responsibility of an
executive of the authority,

(b) to be a function which is not to be the responsibility of such
30an executive, or

(c) to be a function which—

(i) to the extent provided by the arrangements, is to be
the responsibility of such an executive, and

(ii) to the extent provided by the arrangements, is not to
35be the responsibility of such executive.

(5) The power under subsection (3)(c) or (4)(c) includes power in
relation to any function of a local authority that operates executive
arrangements—

(a) to designate any action in connection with the discharge of
40that function which is to be the responsibility of an executive
of the local authority, and

(b) to designate any action in connection with the discharge of
that function which is not to be the responsibility of such an
executive.

(6) 45The Secretary of State may by regulations specify cases or
circumstances in which any function of a local authority which, by
virtue of the preceding provisions of this section, would otherwise be
the responsibility of an executive of the authority to any extent is not

Localism BillPage 209

to be the responsibility of such an executive to that or any particular
extent.

(7) A function of a local authority may, by virtue of this section, be the
responsibility of an executive of the authority to any extent
5notwithstanding that section 101 of the Local Government Act 1972,
or any provision of that section, does not apply to that function.

(8) Any reference in this section to a function specified in regulations
includes a reference to a function of a description specified in
regulations.

(9) 10In this section—

9DA Functions of an executive: further provision

(1) 25Any reference in the following provisions of this Chapter to any
functions which are, or are not, the responsibility of an executive of
a local authority under executive arrangements is a reference to the
functions of the authority to the extent to which they are or (as the
case may be) are not, by virtue of section 9D, the responsibility of the
30executive under such arrangements.

(2) Any function which is the responsibility of an executive of a local
authority under executive arrangements—

(a) is to be regarded as exercisable by the executive on behalf of
the authority, and

(b) 35may be discharged only in accordance with any provisions
made by or under this Part or section 236 of the Local
Government and Public Involvement in Health Act 2007
(exercise of functions by local councillors in England) which
apply to the discharge of any such function by that form of
40executive.

(3) Accordingly, any function which is the responsibility of an executive
of a local authority under executive arrangements—

(a) may not be discharged by the authority,

(b) is not to be a function to which section 101(1) of the Local
45Government Act 1972 applies, and

(c) may be the subject of arrangements made under section
101(5) of that Act only if permitted by any provision made
under section 9EC.

Previous Next

Contents page 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-269 270-279 280-289 290-299 300-309 Last page