Localism Bill

AMENDMENTS
TO BE MOVED
ON THIRD READING

Clause 27

BARONESS HANHAM

 

Page 38, line 9, at end insert—

“(1A) In discharging its duty under subsection (1), a relevant authority must, in particular, adopt a code dealing with the conduct that is expected of members and co-opted members of the authority when they are acting in that capacity.

(1B) A relevant authority that is a parish council—

(a) may comply with subsection (1A) by adopting the code adopted under that subsection by its principal authority, where relevant on the basis that references in that code to its principal authority’s register are to its register, and

(b) may for that purpose assume that its principal authority has complied with section 28(1) and (1A).”

Clause 28

BARONESS HANHAM

 

Page 39, line 33, leave out subsection (1) and insert—

“(1) A relevant authority must secure that a code adopted by it under section 27(1A) (a “code of conduct”) is, when viewed as a whole, consistent with the following principles—

(a) selflessness;

(b) integrity;

(c) objectivity;

(d) accountability;

(e) openness;

(f) honesty;

(g) leadership.

(1A) A relevant authority must secure that its code of conduct includes the provision the authority considers appropriate in respect of the registration in its register, and disclosure, of—

(a) pecuniary interests, and

(b) interests other than pecuniary interests.

(1B) Sections 29 to 34 do not limit what may be included in a relevant authority’s code of conduct, but nothing in a relevant authority’s code of conduct prejudices the operation of those sections.

(1C) A failure to comply with a relevant authority’s code of conduct is not be dealt with otherwise than in accordance with arrangements made under subsection (3); in particular, a decision is not invalidated just because something that occurred in the process of making the decision involved a failure to comply with the code.”

 

Page 39, line 37, at end insert “or”

 

Page 39, line 38, leave out from second “conduct” to end of line 39

 

Page 39, line 40, leave out subsection (3) and insert—

“(3) A relevant authority other than a parish council must have in place—

(a) arrangements under which allegations can be investigated, and

(b) arrangements under which decisions on allegations can be made.

(3A) Arrangements put in place under subsection (3)(b) by a relevant authority must include provision for the appointment by the authority of at least one independent person—

(a) whose views are to be sought, and taken into account, by the authority before it makes its decision on an allegation that it has decided to investigate, and

(b) whose views may be sought—

(i) by the authority in relation to an allegation in circumstances not within paragraph (a),

(ii) by a member, or co-opted member, of the authority if that person’s behaviour is the subject of an allegation, and

(iii) by a member, or co-opted member, of a parish council if that person’s behaviour is the subject of an allegation and the authority is the parish council’s principal authority.

(3B) For the purposes of subsection (3A)—

(a) a person is not independent if the person is—

(i) a member, co-opted member or officer of the authority,

(ii) a member, co-opted member or officer of a parish council of which the authority is the principal authority, or

(iii) a relative, or close friend, of a person within sub-paragraph (i) or (ii);

(b) a person may not be appointed under the provision required by subsection (3A) if at any time during the 5 years ending with the appointment the person was—

(i) a member, co-opted member or officer of the authority, or

(ii) a member, co-opted member or officer of a parish council of which the authority is the principal authority;

(c) a person may not be appointed under the provision required by subsection (3A) unless—

(i) the vacancy for an independent person has been advertised in such manner as the authority considers is likely to bring it to the attention of the public,

(ii) the person has submitted an application to fill the vacancy to the authority, and

(iii) the person’s appointment has been approved by a majority of the members of the authority;

(d) a person appointed under the provision required by subsection (3A) does not cease to be independent as a result of being paid any amounts by way of allowances or expenses in connection with performing the duties of the appointment.

(3C) In subsections (3) and (3A) “allegation”, in relation to a relevant authority, means a written allegation—

(a) that a member or co-opted member of the authority has failed to comply with the authority’s code of conduct, or

(b) that a member or co-opted member of a parish council for which the authority is the principal authority has failed to comply with the parish council’s code of conduct.

(3D) For the purposes of subsection (3B) a person (“R”) is a relative of another person if R is—

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

(b) living with the other person as husband and wife or as if they were civil partners,

(c) a grandparent of the other person,

(d) a lineal descendant of a grandparent of the other person,

(e) a parent, sibling or child of a person within paragraph (a) or (b),

(f) the spouse or civil partner of a person within paragraph (c), (d) or (e), or

(g) living with a person within paragraph (c), (d) or (e) as husband and wife or as if they were civil partners.”

 

Page 40, line 1, leave out “this section)” and insert “arrangements put in place under subsection (3))”

 

Page 40, line 6, leave out “withdrawal” and insert “replacement”

 

Page 40, line 10, leave out “withdrawing a code of conduct under this section” and insert “replacing a code of conduct”

After Clause 47

LORD MARLESFORD

LORD JUDD

 

Insert the following new Clause—

“Litter deposited from motor vehicles

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

(2) Such byelaws may include provisions about—

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

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

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

Clause 50

BARONESS HANHAM

 

Page 52, line 37, after “part” insert “or parts”

 

Page 52, line 38, after “part” insert “, or those parts,”

 

Page 52, line 39, after “part” insert “or those parts”

 

Page 52, line 41, leave out from “make” to “any” and insert “different provision about”

 

Page 53, line 8, leave out subsection (4) and insert—

“(4) Any provision of a certificate under subsection (2) which has the effect of excluding the whole or part of any periodic payment mentioned in subsection (3)(a)(iii) (including any such payment which has fallen due from the United Kingdom since the earlier certificate was given) may be varied by a further certificate under subsection (2).”

Clause 53

BARONESS HANHAM

 

Page 55, line 28, leave out from “authority” to end of line 29 and insert “is the subject of a designation order under section 52 which applies to that EU financial sanction”

Clause 54

BARONESS HANHAM

 

Page 56, line 23, leave out “that” and insert “the EU”

Clause 55

BARONESS HANHAM

 

Page 58, line 30, leave out from “payments” to end of line 31 and insert “whether any acts of the authority have continued, and will continue, to cause or contribute to the continuation of that infraction”

 

Page 58, line 33, leave out “(as specified under subsection (3)(b) of that section)” and insert “(as to be specified under subsection (2)(b) of section 56)”

 

Page 58, line 35, leave out sub-paragraph (ii) and insert—

“(ii) any periodic payments not included in that total amount (including both payments that have fallen due [since the date specified under subsection (7)(b) of that section] and future periodic payments)”

 

Page 58, line 38, leave out “have had or to be having an effect mentioned in” and insert “be relevant for the purposes of”

 

Page 58, line 40, leave out “any such periodic payments” and insert “a periodic payment mentioned in sub-paragraph (ii),”

 

Page 58, line 45, leave out “specified under subsection (3)(b) of that section” and insert “to be specified under subsection (2)(b) of section 56”

 

Page 58, line 47, leave out “specified under subsection (3)(c) of that section” and insert “referred to in paragraph (b)(ii) above”

Clause 56

BARONESS HANHAM

 

Page 59, line 28, leave out sub-paragraphs (i) and (ii) and insert—

“(i) have caused or contributed to the infraction of EU law concerned;

(ii) have caused or contributed, or will continue to cause or contribute, to the continuation of that infraction;”

 

Page 59, line 40, leave out from “amount” to “and” in line 41 and insert “or proportion to be paid towards any future periodic payment“

 

Page 60, line 9, at end insert “due from the United Kingdom”

Clause 60

BARONESS HANHAM

 

Page 62, line 32, leave out from “make” to “any” and insert “different provision about”

 

Page 62, line 42, leave out subsection (4) and insert—

“(4) Any provision of a certificate under subsection (2) which has the effect of excluding the whole or part of any periodic payment mentioned in subsection (3)(a)(iii) (including any such payment which has fallen due from the United Kingdom since the earlier certificate was given) may be varied by a further certificate under subsection (2).”

Clause 63

BARONESS HANHAM

 

Page 65, line 1, leave out from “authority” to end of line 3 and insert “is the subject of a designation order under section 62 which applies to that EU financial sanction”

Clause 64

BARONESS HANHAM

 

Page 65, line 40, leave out “that” and insert “the EU”

Clause 65

BARONESS HANHAM

 

Page 68, line 1, leave out from “payments” to end of line 2 and insert “whether any acts of the authority have continued, and will continue, to cause or contribute to the continuation of that infraction”

 

Page 68, line 4, leave out “(as specified under subsection (3)(b) of that section)” and insert “(as to be specified under subsection (2)(b) of section 66)”

 

Page 68, line 6, leave out sub-paragraph (ii) and insert—

“(ii) any periodic payments not included in that total amount (including both payments that have fallen due [since the date specified under subsection (7)(b) of that section] and future periodic payments)”

 

Page 68, line 9, leave out “have had or to be having an effect mentioned in” and insert “be relevant for the purposes of”

 

Page 68, line 11, leave out “any such periodic payments” and insert “a periodic payment mentioned in sub-paragraph (ii),”

 

Page 68, line 16, leave out “specified under subsection (3)(b) of that section” and insert “to be specified under subsection (2)(b) of section 66”

 

Page 68, line 18, leave out “specified under subsection (3)(c) of that section” and insert “referred to in paragraph (b)(ii) above”

Clause 66

BARONESS HANHAM

 

Page 69, line 1, leave out sub-paragraphs (i) and (ii) and insert—

“(i) have caused or contributed to the infraction of EU law concerned;

(ii) have caused or contributed, or will continue to cause or contribute, to the continuation of that infraction;”

 

Page 69, line 13, leave out from “amount” to “and” in line 41 and insert “or proportion to be paid towards any future periodic payment“

 

Page 69, line 30, at end insert “due from the United Kingdom”

Clause 69

BARONESS HANHAM

 

Page 72, line 29, at end insert—

“(8) Sub-pararaph (6) of paragraph 4 of Schedule 8 to the Local Government Finance Act 1988 (contributions regulations for a financial year to be in force by preceding 1 January) does not apply to regulations under that paragraph in their application to the financial year beginning in 2012 so far as they make provision related to the operation of section 47 of that Act as amended by this Act.”

Clause 162

BARONESS HANHAM

 

Page 176, line 1, at end insert—

“(1) In section 20B(2) of the Housing Act 1988 (demoted assured shorthold tenancy lasts for one year unless subsection (3) applies) after “subsection (3) applies” insert “, but see section 20BA”.

(2) ”

 

Page 176, line 2, at end insert—

““20BA Assured shorthold tenancies following demoted tenancies

(1) Subsection (2) applies if—

(a) section 20B applies to an assured shorthold tenancy of a dwelling-house in England (“the demoted tenancy”),

(b) the landlord is a private registered provider of social housing,

(c) the demoted tenancy was created by an order under section 6A made after the coming into force of section 162(2) of the Localism Act 2011,

(d) the assured tenancy that was terminated by that order was an assured shorthold tenancy that, whether or not it was a fixed term tenancy when terminated by the order, was granted for a term certain of not less than two years,

(e) apart from subsection (2), the demoted tenancy would cease to be an assured shorthold tenancy by virtue of section 20B(2) or (4), and

(f) the landlord has served a notice within subsection (3) on the tenant before the demoted tenancy ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4).

(2) The demoted tenancy does not cease to be an assured shorthold tenancy by virtue of section 20B(2) or (4), and at the time when it would otherwise cease to be an assured shorthold tenancy by virtue of section 20B(2) to (4)—

(a) it becomes an assured shorthold tenancy which is a fixed term tenancy for a term certain, and

(b) section 20B ceases to apply to it.

(3) The notice must—

(a) state that, on ceasing to be a demoted assured shorthold tenancy, the tenancy will become an assured shorthold tenancy which is a fixed term tenancy for a term certain of the length specified in the notice,

(b) specify a period of at least two years as the length of the term of the tenancy, and

(c) set out the other express terms of the tenancy.

(4) Where an assured shorthold tenancy becomes a fixed term tenancy by virtue of subsection (2)—

(a) the length of its term is that specified in the notice under subsection (3), and

(b) its other express terms are those set out in the notice.”

(3) Before section 21 of the Housing Act 1988 insert—”

 

Page 176, line 16, leave out “162” and insert “162(3)”

Clause 179

BARONESS HANHAM

 

Page 183, line 2, at end insert “unless paragraph 7AA applies”

 

Page 183, line 6, at end insert—

“(1A) Sub-paragraph (1) is subject to paragraph 7AA (complaints that need not be made by way of referral).”

 

Page 183, line 28, at end insert—

“Complaints that need not be made by way of referral by designated person

7AA (1) Paragraph 7A(1) does not apply in relation to a complaint against a social landlord made to a housing ombudsman under an approved scheme if the ombudsman is satisfied that—

(a) the social landlord has procedures for considering complaints against the social landlord,

(b) the matter that forms the subject of the complaint has been submitted to those procedures,

(c) those procedures have been exhausted, and

(d) the complaint has been made to the ombudsman after the end of the eight weeks beginning with the day on which those procedures were exhausted.

(2) Paragraph 7A(1) does not apply in relation to a complaint against a social landlord made to a housing ombudsman under an approved scheme if—

(a) the ombudsman is satisfied that a designated person—

(i) has refused to refer the complaint to a housing ombudsman under an approved scheme, or

(ii) has agreed to the complaint being made otherwise than by way of a referral by a designated person, and

(b) the refusal, or agreement, is in writing or the ombudsman is satisfied that it has been confirmed in writing.

(3) Paragraph 7A(2) (meaning of “designated person”) applies also for the purposes of sub-paragraph (2).”

BARONESS HAYTER OF KENTISH TOWN

[As an amendment to the amendment to page 183, line 28, in clause 179]

 

Line 12, leave out “eight” and insert “six”

Clause 196

BARONESS HANHAM

 

Page 203, line 30, after “Assembly” insert “or a consultee under subsection (4)(d), (e), (f) or (g) that are comments”

Clause 201

BARONESS HANHAM

 

Page 208, line 16, after “Assembly” insert “or an affected local authority that are comments”

 

Page 208, line 17, at end insert—

“In paragraph (c) “affected local authority” means a person specified by section 196(4)(d), (e), (f) or (g) in relation to the area.”

Clause 203

BARONESS HANHAM

 

Page 209, line 9, leave out “or (3)” and insert “, (3) or (4)”

 

Page 209, line 16, leave out “201(4)” and insert “201(5)”

Clause 213

BARONESS HANHAM

 

Page 214, line 4, after “Assembly” insert “or an affected local authority that are comments”

 

Page 214, line 5, at end insert—

“In paragraph (c) “affected local authority” means a person specified by section 196(4)(d), (e), (f) or (g) in relation to the area.”

Clause 239

BARONESS HANHAM

 

Page 235, line 26, leave out paragraph (c)

Schedule 2

BARONESS HANHAM

 

Page 276, line 23, leave out “is a local education authority” and insert “has education functions”

 

Page 278, line 14, leave out “education”

 

Page 278, line 17, leave out “education”

 

Page 278, line 21, at end insert—

“(2) In paragraphs 6 and 7 “education functions” has the meaning given by section 579(1) of the Education Act 1996.”

Schedule 3

BARONESS HANHAM

 

Page 289, line 18, at end insert—

“(10A) In paragraph 11A for “7 to” substitute “8 and”.”

Schedule 4

BARONESS HANHAM

 

Page 293, leave out lines 16 to 19

 

Page 294, line 23, at end insert—

“Audit Commission Act 1998 (c. 18)

5A In section 49(1)(de) of the Audit Commission Act 1998 (disclosure of information by Commission or auditor etc for purposes of functions of ethical standards officer or Public Services Ombudsman for Wales) omit “an ethical standards officer or”.

Data Protection Act 1998 (c. 29)

5B In section 31 of the Data Protection Act 1998 (exemptions from subject information provisions for data processed in connection with certain regulatory functions)—

(a) in subsection (7) omit paragraph (b), and

(b) in subsection (8)(b) omit “, or to an ethical standards officer,”.”

Schedule 5

BARONESS HANHAM

 

Page 320, line 8, at end insert “or”

 

Page 320, line 12, leave out from “Act” to end of line 17

 

Page 320, line 32, leave out from “Act” to end of line 36

 

Page 320, line 46, at end insert “or”

 

Page 320, line 50, leave out from beginning to end of line 4 on page 321

 

Page 321, line 11, at end insert “or”

 

Page 321, line 14, leave out from “body” to end of line 20

 

Page 322, leave out lines 6 to 12

Schedule 13

LORD BERKELEY

 

Page 391, line 27, leave out paragraphs 64 and 65 and insert—

“64 Omit sections 127 to 132 (special parliamentary procedure and other provisions relating to the compulsory acquisition of certain types of land.”

 

Page 392, line 4, at end insert—

“68A In section 150 (removal of consent requirements), at beginning insert “To the extent that it applies to land in Wales,”.”

 

Page 392, line 39, at end insert—

“(e) construction or operation of a railway, or

(f) carrying out of works which interfere with rights of navigation in waters within or adjacent to England and Wales, up to the seaward limits of the territorial sea.”

Schedule 16

BARONESS HANHAM

 

Page 410, leave out lines 15 to 18

Schedule 19

BARONESS HANHAM

 

Page 426, line 17, at end insert—

“51A In section 148(1) (HCA may not, during a moratorium, give or enforce directions as to the use or repayment of financial assistance)—

(a) before “the HCA” insert “neither”,

(b) after “the HCA” insert “, nor the Greater London Authority, may”,

(c) in each of paragraphs (a) and (b) omit “may not”, and

(d) for the “and” between those paragraphs substitute “or”.”

Schedule 25

BARONESS HANHAM

 

Page 455, line 35, at end insert—

“Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I.2010/1158) In paragraph 47(2) of Schedule 2, the word “7(1),”.”

 

Page 472, column 2, line 8, at end insert—

“In section 148(1), in each of paragraphs (a) and (b), the words “may not”.”

 

Page 472, line 42, at end insert—

“Equality Act 2010 (c.15) In Schedule 19, the entry for the Office for Tenants and Social Landlords.”

Prepared 27th October 2011