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Localism Bill (HL Bill 100)

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(3) In subsection (6) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (9)(b) omit the words from “or section 236” to “England)”.

(5) In subsection (12) for “Secretary of State” substitute “Welsh Ministers”.

14 (1) Section 14 (discharge of functions: general) is amended as follows.

(2) 5In the heading for “general” substitute “mayor and cabinet executive”.

(3) In subsection (1) for the words from “of” to the end substitute “of a mayor
and cabinet executive are to be discharged in accordance with this section”.

(4) In subsections (2) to (5) for “senior executive member” (in each place that it
appears) substitute “elected mayor”.

(5) 10In subsection (6)—

(a) for “a senior executive member” substitute “an elected mayor”, and

(b) for “the senior executive member” substitute “the elected mayor”.

(6) Omit subsection (7).

15 In section 17 (discharge of functions: section 11(5) executive) in subsection
15(1) for “Secretary of State” substitute “Welsh Ministers”.

16 (1) Section 18 (discharge of functions by area committees) is amended as
follows.

(2) In subsection (1) for “Secretary of State” substitute “Welsh Ministers”.

(3) In subsection (3) in the definition of “area committee” for the words from
20“means—” to “in Wales,” substitute “means”.

(4) Omit subsections (4) and (5).

(5) In subsection (6) omit “in Wales”.

17 (1) Section 19 (discharge of functions of and by another local authority) is
amended as follows.

(2) 25In subsection (1)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) omit the words “(within the meaning of this Part)” in the first place
they appear,

(c) for paragraph (a) substitute—

(a) 30by a relevant authority (other than the local
authority), or, and

(d) in paragraph (b) for “an executive of another local authority (within
the meaning of this Part)” substitute “a relevant executive (other than
an executive of the local authority)”.

(3) 35In subsection (2)—

(a) for “Secretary of State” substitute “Welsh Ministers”, and

(b) for “local authority (within the meaning of section 101 of that Act)”
substitute “relevant authority in Wales”, and

(c) for “an executive of another local authority (within the meaning of
40this Part)” substitute “a relevant executive (other than an executive
of the relevant authority)”.

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(4) In subsection (3) for “local authority” substitute “relevant authority in
Wales”.

(5) In subsection (4)—

(a) in paragraph (a)—

(i) 5for “an executive of a local authority” substitute “a relevant
executive”, and

(ii) after “the authority” insert “of which the executive is part”,

(b) in paragraph (b) for “local authority” substitute “relevant authority”,
and

(c) 10in paragraph (c) for “an executive of a local authority” substitute “a
relevant executive”.

(6) In subsection (8) for ““specified”” substitute

  • relevant authority” means a local authority within the
    meaning of section 101 of the Local Government Act 1972;

  • 15“relevant executive” means an executive of a local authority
    under either this Part or Part 1A;

  • “specified”.

18 In section 20 (joint exercise of functions) in subsection (1) for “Secretary of
State” substitute “Welsh Ministers”.

19 (1) 20Section 21 (overview and scrutiny committees) is amended as follows.

(2) In subsection (2)(f)—

(a) omit “section 244 of the National Health Service Act 2006 or”,

(b) for “either of those sections” substitute “that section”, and

(c) for “the Act concerned, and as extended by the section concerned”
25substitute “that Act, as extended by that section”.

(3) In subsection (2ZA) omit “in Wales”.

(4) In subsection (2A)—

(a) omit paragraphs (a) and (b), and

(b) in paragraph (e) for the words from “committee—” to “a joint
30overview and scrutiny committee” substitute “committee”.

(5) In subsection (4)—

(a) for “21A to 21C” substitute “21A and 21B”, and

(b) omit the words from “or any functions” to the end.

(6) In subsection (10)—

(a) 35for “paragraphs 7 to” substitute “paragraph 8 or”, and

(b) omit “, unless permitted to do so under paragraph 12 of that
Schedule”.

(7) In subsection (10A) omit “in Wales”.

(8) In subsection (13)—

(a) 40in paragraph (aa) omit the words from “by virtue of” to “England)
or”, and

(b) in paragraph (c) omit the words from the beginning to “in Wales”.

(9) In subsection (16)—

(a) omit paragraph (a), and

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(b) in paragraph (b) omit “in Wales”.

20 Omit section 21ZA (scrutiny officers).

21 (1) Section 21A (reference of matters to overview and scrutiny committees) is
amended as follows.

(2) 5In subsection (3) omit the words from “(in the case of a local authority in
England” to “Wales)”.

(3) In subsection (6)(a) omit the words from “section 236” to “2007 or”.

(4) Omit subsections (10) and (11).

(5) In subsection (12) omit “in Wales”.

22 10Omit section 21C (reports and recommendations of overview and scrutiny
committees: duties of certain partner authorities).

23 (1) Section 21D (publication etc of reports, recommendations and responses:
confidential and exempt information) is amended as follows.

(2) In subsection (1)(b) omit sub-paragraph (ii).

(3) 15In subsection (2) omit “or providing a copy of the document to a relevant
partner authority”.

(4) In subsection (6)—

(a) in the definition of “exempt information”—

(i) omit “section 246 of the National Health Service Act 2006 or”,
20and

(ii) at the end insert “and”, and

(b) omit the definition of “relevant partner authority”.

24 Omit section 21E (overview and scrutiny committees of certain district
councils: functions with respect to partner authorities).

25 (1) 25Section 21F (as inserted by the Local Government (Wales) Measure 2011
(nawm 4)) (Wales: notifying designated body of report or
recommendations) is amended as follows.

(2) In the title for “Wales: notifying” substitute “Notifying”.

(3) In subsection (1) omit “in Wales”.

26 30Omit section 21F (as inserted by the Flood and Water Management Act 2010)
(overview and scrutiny committees: flood risk management).

27 In the title of section 21G (Wales: designated persons) for “Wales:
designated” substitute “Designated”.

28 (1) Section 22 (access to information) is amended as follows.

(2) 35In subsections (6), (8) to (10), (12) and (13) for “Secretary of State” substitute
“Welsh Ministers”.

(3) In subsection (12A)—

(a) for the words from “Secretary” to “Wales),” substitute “Welsh
Ministers”, and

(b) 40in paragraph (a) omit the words from “, or under” to “section 21B,”.

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29 Omit section 22A (overview and scrutiny committees of certain authorities
in England: provision of information etc by certain partner authorities).

30 In section 25 (proposals) in subsections (1)(b), (5), (6)(a), (7) and (8) for
“Secretary of State” substitute “Welsh Ministers”.

31 (1) 5Section 27 (referendum in case of proposals involving elected mayor) is
amended as follows.

(2) In subsections (1)(b), (5), (6), (8)(c), (9) and (10) for “Secretary of State”
substitute “Welsh Ministers”.

(3) In subsection (5) for “him” substitute “them”.

32 (1) 10Section 28 (approval of outline fall-back proposals) is amended as follows.

(2) In subsections (1) and (2) for “Secretary of State” substitute “Welsh
Ministers”.

(3) In subsection (3) for “Secretary of State approves” substitute “Welsh
Ministers approve”.

33 15Omit section 31 (alternative arrangements).

34 Omit section 32 (alternative arrangements).

35 (1) Section 33ZA (Wales: changing governance arrangements) is amended as
follows.

(2) In the heading for “Wales: changing” substitute “Changing”.

(3) 20Omit “in Wales,”.

36 Omit section 33A (executive arrangements).

37 Omit section 33B (executive arrangements: other variations of
arrangements).

38 Omit section 33C (alternative arrangements: move to executive
25arrangements).

39 Omit section 33D (alternative arrangements: variation of arrangements).

40 Omit section 33E (proposals by local authority).

41 Omit section 33F (resolution of local authority).

42 Omit section 33G (implementation: new executive or move to executive
30arrangements).

43 Omit section 33H (implementation: other change in governance
arrangements).

44 Omit section 33I (general).

45 Omit section 33J (new form of executive or move to executive: general
35requirements) and the italic heading immediately before it (further
requirements for certain changes).

46 Omit section 33K (changes subject to approval in referendum: additional
requirements).

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47 Omit section 33L (change not subject to approval in a referendum:
additional requirements).

48 Omit section 33M (cases in which change is subject to approval in
referendum).

49 5Omit section 33N (variation of mayoral executive).

50 Omit section 33O (interpretation) and the italic heading immediately before
it (miscellaneous).

51 (1) Section 34 (referendum following petition) is amended as follows.

(2) In subsections (1) and (2)(k) for “Secretary of State” substitute “Welsh
10Ministers”.

(3) In subsection (1A) for the words from “means—” to “Wales,” substitute
“means”.

(4) In subsection (3) omit “or of any of sections 33A to 33O”.

52 (1) Section 35 (referendum following direction) is amended as follows.

(2) 15In subsection (1)—

(a) for “Secretary of State” substitute “Welsh Ministers”, and

(b) for “him” substitute “them”.

(3) In subsection (2)(d) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (3) omit “or of any of sections 33A to 33O”.

53 (1) 20Section 36 (referendum following order) is amended as follows.

(2) In subsections (1) and (2)(d) for “Secretary of State” substitute “Welsh
Ministers”.

(3) In subsection (3) omit “or of any of sections 33A to 33O”.

54 In section 37 (local authority constitution) in subsection (1)(a) for “Secretary
25of State” substitute “Welsh Ministers”.

55 In section 38 (guidance) in subsection (1) for “Secretary of State” substitute
“Welsh Ministers”.

56 (1) Section 39 (elected mayors etc) is amended as follows.

(2) Omit subsection (2).

(3) 30In subsection (3) omit “in Wales”.

(4) In subsection (5B)(a) for “Secretary of State” substitute “Welsh Ministers”.

(5) In subsection (5C) for the words from the beginning to “1972 are” substitute
“Section 21(1A) of the Local Government Act 1972 is”.

(6) After subsection (5C) insert—

(5D) 35A statutory instrument containing regulations made under
subsection (5B)(a) is subject to annulment in pursuance of a
resolution of the National Assembly for Wales.

(7) Omit subsection (6).

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57 In section 41 (time of elections etc) for “Secretary of State” substitute “Welsh
Ministers”.

58 Omit section 44A (election of leader: whole-council elections) and the italic
heading immediately before it (leader and cabinet executives (England)).

59 5Omit section 44B (election of leader: partial-council elections).

60 Omit section 44C (removal of leader).

61 Omit section 44D (term of office of leader: whole-council elections).

62 Omit section 44E (term of office of leader: partial council elections).

63 Omit section 44F (leader to continue to hold office as councillor).

64 10Omit section 44G (no other means of electing or removing leader).

65 Omit section 44H (regulations).

66 (1) Section 45 (provisions with respect to referendums) is amended as follows.

(2) In subsection (1) for the words from “authority—” to “in Wales” substitute
“authority”.

(3) 15In subsections (5), (6) and (8A) for “Secretary of State” substitute “Welsh
Ministers”.

(4) In subsection (8B)—

(a) in paragraph (a)—

(i) for “Parliament in accordance with section 105(6)” substitute
20“the National Assembly for Wales”, and

(ii) for “Secretary of State” substitute “Welsh Ministers”, and

(b) in paragraph (b)—

(i) for “Secretary of State” substitute “Welsh Ministers”, and

(ii) for “each House” substitute “the National Assembly for
25Wales”.

(5) In subsection (8D)—

(a) in paragraph (a)—

(i) for “Parliament in accordance with section 105(6)” substitute
“the National Assembly for Wales”, and

(ii) 30for “Secretary of State” substitute “Welsh Ministers”, and

(b) in paragraph (b)—

(i) for “Parliament” substitute “the National Assembly for
Wales”,

(ii) for “Secretary of State” substitute “Welsh Ministers”,

(iii) 35for “each House” substitute “the Assembly”, and

(iv) for “his” substitute “their”.

(6) In subsection (9) omit “or 33K”.

67 (1) Section 47 (power to make incidental, consequential provision etc) is
amended as follows.

(2) 40In subsection (1)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) for “he considers” substitute “they consider”.

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(3) In subsection (4) omit “(including changes of the kinds set out in sections
33A to 33D)”.

(4) In subsection (6) omit paragraph (b).

68 (1) Section 48 (interpretation of Part 2) is amended as follows.

(2) 5In subsection (1)—

(a) in the definition of “executive leader” for “section 11(2A)(a) or (3)(a)”
substitute “section 11(3)(a)”,

(b) in the definition of “local authority” for the words from “means—” to
“Wales, a county council” substitute “means a county council in
10Wales”, and

(c) omit the definition of “ordinary day of election”.

(3) Omit subsection (1A).

(4) In subsection (2) omit paragraph (b).

(5) In subsection (3) omit paragraph (b).

(6) 15In subsection (7)—

(a) for “Secretary of State” substitute “Welsh Ministers”, and

(b) for “him” substitute “them”.

69 In section 48A (functions of the Lord President of the Council) for “sections
44 and 45” substitute “section 44”.

70 (1) 20Section 105 (orders and regulations) is amended as follows.

(2) In subsection (6)—

(a) after “6,” insert “9N,”, and

(b) for “section 11(5), 31(1)(b), 32, 33O(6), 44 or 45” substitute “section
9BA, 9HE, 9MG or 44”.

(3) 25After subsection (7) insert—

(7A) If a draft of a statutory instrument containing an order under section
9N 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
30instrument.

71 In section 106 (Wales) in subsection (1) omit paragraph (a).

72 (1) Schedule 1 (executive arrangements: further provision) is amended as
follows.

(2) In the heading of the Schedule (executive arrangements: further provision)
35after “arrangements” insert “in Wales”.

(3) In paragraph 1(9) for “In the case of a local authority in Wales, the” substitute
“The”.

(4) Omit paragraph 1A and the heading immediately before it.

(5) In paragraph 6(1) for “Secretary of State” substitute “Welsh Ministers”.

(6) 40Omit paragraph 7.

(7) In paragraph 8—

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(a) in sub-paragraph (1) omit—

(i) “Welsh”, and

(ii) “in Wales”,

(b) in sub-paragraphs (2), (3) and (7) omit “Welsh”, and

(c) 5in sub-paragraphs (4) and (7) for “National Assembly for Wales”
substitute “Welsh Ministers”.

(8) In paragraph 9—

(a) in sub-paragraph (4) for “Secretary of State” substitute “Welsh
Ministers”,

(b) 10in sub-paragraph (5)(f) for “Secretary of State considers” substitute
“Welsh Ministers consider”,

(c) in sub-paragraph (6)(a)—

(i) for “Secretary of State” substitute “Welsh Ministers”, and

(ii) for “he considers” substitute “they consider”, and

(d) 15in sub-paragraph (6)(b) for “Secretary of State makes” substitute
“Welsh Ministers make”.

(9) In paragraph 10 omit “7,”.

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

(11) Omit paragraphs 12 to 14 and the italic heading immediately before
20paragraph 12 (overview and scrutiny committees: voting rights of co-opted
members).

National Health Service Act 2006 (c. 41)National Health Service Act 2006 (c. 41)

73 The National Health Service Act 2006 is amended as follows.

74 In section 244 (functions of overview and scrutiny committees) after
25subsection (4) insert—

(5) In this section, section 245 and section 246 references to an overview
and scrutiny committee include references to—

(a) an overview and scrutiny committee of a local authority
operating executive arrangements under Part 1A of the Local
30Government Act 2000 (executive arrangements in England),
and

(b) an overview and scrutiny committee appointed by a local
authority under section 9JA of that Act (appointment of
overview and scrutiny committees by committee system
35local authorities).

75 (1) Section 245 (joint overview and scrutiny committees etc) is amended as
follows.

(2) In subsection (1)—

(a) in paragraph (a)—

(i) 40for “Part 2” substitute “Part 1A”, and

(ii) for “section 21(2)(f)” substitute “section 9F(2)(f)”, and

(b) for paragraph (b) and the words from that paragraph to the end of
the subsection substitute—

(b) in relation to a local authority operating a committee
45system under that Part, are any corresponding

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functions which are or, but for regulations under this
section, would be, exercisable by an overview and
scrutiny committee of the authority appointed under
section 9JA of that Act.

(3) 5In subsection (3)(b)—

(a) in sub-paragraph (i) for “section 21(4) and (6) to (17)” substitute
“sections 9F(5), 9FA, 9FC to 9FG and 9FI”, and

(b) omit sub-paragraphs (ia) and (ib).

(4) In subsection (7) for “Section 21(4)” substitute “Section 9F(5)”.

(5) 10In subsection (8) for “Section 21(10)” substitute “Section 9FA(5)”.

76 In section 246 (overview and scrutiny committees: exempt information) in
subsection (1)—

(a) after “relating to” insert

(a),

(b) 15for “section 21(2)(f)” substitute “section 9F(2)(f)”, and

(c) after “(c. 22)” insert , or

(b) corresponding functions of an overview and scrutiny
committee appointed under section 9JA of that Act.

77 (1) Section 247 (application to the City of London) is amended as follows.

(2) 20In subsection (1) for “section 21(2)(f)” substitute “section 9F(2)(f)”.

(3) In subsection (3)—

(a) for “Section 21” substitute “Section 9F”,

(b) in paragraph (a) for “(3), (5) and (9)” substitute “(4)”, and

(c) omit paragraphs (b) to (d).

(4) 25After subsection (3) insert—

(3A) Section 9FA of the Local Government Act 2000 applies as if such a
committee were an overview and scrutiny committee and as if the
Common Council were a local authority, but with the omission—

(a) of subsection (3),

(b) 30in subsection (6), of paragraph (b), and

(c) in subsection (8)(a), of the reference to members of the
executive.

(5) In subsection (4)—

(a) for “and (3)” substitute “to (3A)”, and

(b) 35for “section 21(2)” substitute “section 9F(2)”.

78 After section 247 (application to the City of London) insert—

247A Application to certain other local authorities without overview and
scrutiny committees

(1) This section applies to a local authority (“Authority A”) that—

(a) 40is—

(i) a county council in England,

(ii) a London borough council, or

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(iii) a district council for an area for which there is no
county council,

(b) does not operate executive arrangements, and

(c) has not appointed an overview and scrutiny committee
5under section 9JA of the Local Government Act 2000 (“the
2000 Act”).

(2) Authority A must establish a committee which has, in relation to
Authority A’s area, the functions which under section 9F(2)(f) of the
2000 Act the overview and scrutiny committee of a local authority
10operating executive arrangements (“Authority B”) has in relation to
Authority B’s area.

(3) In relation to the committee established by Authority A under
subsection (2)—

(a) sections 244(2) to (4), 245 and 246 (and Schedule 17 to this Act
15and Schedule 11 to the National Health Service (Wales) Act
2006) apply as if the committee were an overview and
scrutiny committee,

(b) section 9F of the 2000 Act applies as if—

(i) the committee were an overview and scrutiny
20committee,

(ii) subsections (1) to (4) were omitted, and

(iii) in subsection (5) for paragraphs (a) and (b) there were
substituted “its functions under section 247A(2) of the
National Health Service Act 2006”,

(c) 25section 9FA of the 2000 Act applies as if—

(i) the committee were an overview and scrutiny
committee,

(ii) subsection (3) were omitted, and

(iii) in subsection (8)(a) the reference to members of the
30executive were a reference to members of the
authority, and

(d) paragraphs 11 to 13 of Schedule A1 to the 2000 Act apply as
if the committee were an overview and scrutiny committee.

(4) In the provisions as applied by subsection (3) references to functions
35under any provision of section 9F(2) of the 2000 Act are, in the case
of a committee established by Authority A under subsection (2),
references to the committee’s functions under subsection (2).

(5) In this section “executive arrangements” means executive
arrangements under Part 1A of the 2000 Act.

40Police and Justice Act 2006 (c. 48)Police and Justice Act 2006 (c. 48)

79 The Police and Justice Act 2006 is amended as follows.

80 (1) Section 19 (local authority scrutiny of crime and disorder matters) is
amended as follows.

(2) In subsection (3)(a)—

(a) 45after the first “section” insert “9F(2) or”, and

(b) after the second “section” insert “9JA(2) or”.