Cities and Local Government Devolution Bill [HL]

marshalled
list of Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 16th June 2015, as follows—

Clause 1
Schedule 1
Clauses 2 and 3
Schedule 2
Clauses 4 to 7 Title
Schedule 3
Clauses 8 to 11
Schedule 4
Clauses 12 to 14

[Amendments marked * are new or have been altered]

Before Clause 1

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD SHIPLEY

LORD TEVERSON

1

Insert the following new Clause—

“Devolution: report

Within three months of the passing of this Act, the Secretary of State must
lay a report before both Houses of Parliament setting out a strategy to
ensure that the devolution opportunities provided for in this Act are
effectively available to all parts of England, including rural and coastal
areas.”

2

Insert the following new Clause—

“Devolution: annual report

(1)     The Secretary of State must lay before each House of Parliament an annual
report about devolution for all areas within England and Wales pursuant
to the provisions of this Act.

(2)     The annual report shall be laid before each House of Parliament as soon as
practicable after 31 March each year.”

LORD SHIPLEY

BARONESS PINNOCK

LORD TEVERSON

LORD TYLER

3*

Insert the following new Clause—

“Devolution of powers

(1)     The Secretary of State may by order confer the power to exercise any
functions that may be required on a combined authority established under
Part 6 of the Local Democracy, Economic Development and Construction
Act 2009 (economic prosperity boards and combined authorities).

(2)     An order under this section may only be made where a proposal for the
combined authority to exercise these functions has been made to the
Secretary of State by the appropriate authorities.

(3)     The Secretary of State may refuse to make an order under subsection (1) if

he believes that the proposal made by the appropriate authorities—

(a)   does not provide sufficient democratic accountability over the
functions to be exercised;

(b)   does not have the support of local authority electors within the
appropriate area; or

(c)   would risk the proper functioning of local government within the
relevant area or parts of the relevant area.

(4)     The Secretary of State may not, in making an order to enable a combined
authority to exercise functions under subsection (1), require the combined
authority to elect a mayor under section 107A of the 2009 Act.”

Clause 1

LORD MCKENZIE OF LUTON

LORD BEECHAM

4

Page 1, line 8,
at end insert—

“( )     An order under subsection (1) shall not be used as a condition for
the transfer of local authority or public authority functions.”

5

Page 2, line 2,
at end insert “although this does not confer a right on the mayor to
have a casting vote in the process of decision-making within the combined
authority.”

6

Page 2, line 4,
leave out “not”

7

Page 2, line 4,
after “revoked” insert “following a request by the combined
authority”

LORD SMITH OF LEIGH

8*

Page 2, line 10,
at end insert—

“(9)     An order under subsection (1) shall provide that remuneration for
the elected mayor shall be determined by an independent
remuneration panel established by the combined authority for that
purpose.”

LORD SHIPLEY

LORD SCRIVEN

9*

Page 2, line 13,
after “if” insert—

“(a)   ”

10*

Page 2, line 15,
at end insert—

“(b)   the Secretary of State is satisfied that the local government
electors in the appropriate authority have been properly
consulted by the authorities making the proposal.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

11

Page 2, line 25,
leave out “must” and insert “may”

12

Page 2, line 27,
at end insert—

“( )     Where an order has been made under subsection (4), the Secretary
of State shall also provide for a non-consenting constituent council
which has been removed from the existing combined authority to
make representations.”

LORD SHIPLEY

BARONESS JANKE

BARONESS PINNOCK

LORD SCRIVEN

13*

Page 2, line 38,
at end insert—

“107BA           Mayor of a combined authority: pay and compensation

(1)     The Secretary of State shall, by regulations, provide for the pay and
compensation of the mayor of a combined authority created by an
order made under section 107A.

(2)     Regulations made under subsection (1) must provide that a mayor
receives a total pay and compensation package no larger than that
of the person who is a leader of a constituent council with the
highest total pay and compensation package.

(3)     For the purposes of this section a pay and compensation package

may include—

(a)   basic salary;

(b)   pension; or

(c)   any other non-monetary items or reliefs received by virtue
of the elected office held.”

LORD TYLER

LORD SHIPLEY

14*

Page 2, line 38,
at end insert—

“107BB           Requirement for an elected assembly to form part of mayoral
combined authority

(1)     An order under section 107A must make provision for an elected

assembly (“the Assembly”) to form part of any mayoral combined
authority.

(2)     An elected assembly provided for in an order under section 107A

must, in particular, provide that—

(a)   
the Assembly shall consist of P members (“Assembly

Members”), where P is equal to the number of constituent
authorities within the area of the mayoral combined
authority, multiplied by five;

(b)   each constituent authority shall be an Assembly
constituency;

(c)   each Assembly constituency shall elect five Assembly
Members;

(d)   each Assembly Member shall be a member of the combined
authority.

(3)     Schedule 5BA (which makes further provision about Assemblies)
has effect.”

Schedule 1

LORD MCKENZIE OF LUTON

LORD BEECHAM

15

Page 14, line 37,
leave out “and” and insert “or

( )   are aged 16 or 17 years, and”

16

Page 17, line 13,
at end insert—

“( )     An order under sub-paragraph (1) shall only apply to elections
which take place more than six months after the order comes into
force.”

After Schedule 1

LORD TYLER

LORD SHIPLEY

17*

Insert the following new Schedule—

““SCHEDULE

ASSEMBLIES FOR COMBINED AUTHORITY AREAS: FURTHER PROVISION

This is the Schedule to be inserted after Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009—

““SCHEDULE 5BA

ASSEMBLIES FOR COMBINED AUTHORITY AREAS: FURTHER PROVISION

Interpretation

1      In this Schedule references to an Assembly are references to an
Assembly for the area of a combined authority.

Timing of elections

2      Elections to an Assembly must be held on the same day as
those held for the return of a mayor by virtue of an order under
Schedule 5B.

Voting at elections to the Assembly

3      The system of election for the return of elected members to the
Assembly is to be a single transferable vote system under

which—

(a)   a vote is capable of being given so as to indicate the

voter’s order of preference for the candidates for
election as elected member for the Assembly
constituency in question, and

(b)   a vote is capable of being transferred to the next

choice—

(i)   when the vote is not required to give a prior
choice the necessary quota of votes, or

(ii)   when, owing to the deficiency in the number of
votes given for a prior choice, that choice is
eliminated from the list of candidates.

Entitlement to vote

4      The persons entitled to vote as electors at an election for the
return of members of the Assembly are those who are entitled
to vote at an election for the return of a mayor under Schedule
5B.

Election as Assembly Member and councillor

5      A person who is returned at an election as a member of the
Assembly for the area of a mayoral combined authority who is
also returned (at the same, or any other, time) as a councillor
of a constituent council may not receive any allowance under

sections 4 and 5 of the Local Authorities (Members’
Allowances) (England) Regulations 2003 in respect of their
position in the constituent council.

Qualification and disqualification

6      In order to be qualified and to hold office as a member of the
Assembly for the area of a combined authority, a person must,
on the relevant day, meet the conditions set out in paragraphs
7 to 10 of Schedule 5B.

7      
For the purposes of paragraph 6, references to “mayors” in
paragraphs 7 to 10 of Schedule 5B shall be read as referring to

“members of the Assembly”.

General functions and procedure of the Assembly

8   (1)     Subject to sub-paragraph (2), an Assembly has the same
functions and procedure in relation to the combined authority
as the London Assembly has in relation to the Greater London
Authority, as defined by sections 50 to 65 of the Greater
London Authority Act 1999, where references to the London
Assembly are to be read as references to an Assembly in a
mayoral combined authority.

(2)     
For the purposes of this paragraph—

(a)   
the reference to “relevant bodies” in section 58 of the
Greater London Authorities Act 1999 shall be read as a
reference to bodies specified within an order under
section 107A of the Local Democracy, Economic
Development, and Construction Act 2009.

(b)   Section 58(9) and section 61(11) to (13) of the Greater
London Authorities Act do not apply.

Power to make further provision

9   (1)     The Secretary of State may by order make further provision as

to—

(a)   the election of Assembly members;

(b)   filling vacancies in an Assembly;

(c)   the functions and procedures of an Assembly.

(2)     Before making an order under this paragraph, the Secretary of
State must consult the Electoral Commission.

(3)     
An order making provision under this paragraph—

(a)   must be common to all mayoral combined authorities;

(b)   is to be made by statutory instrument.

(4)     A statutory instrument containing an order under this
paragraph may be made only if a draft of the instrument has
been laid before, and approved by resolution of, each House of
Parliament.””

Clause 2

LORD MCKENZIE OF LUTON

LORD BEECHAM

18

Page 3, line 4, at end insert “, with the consent of the combined authority”

LORD SHIPLEY

BARONESS PINNOCK

LORD SCRIVEN

19*

Page 3, line 4,
at end insert—

(1A)    An appointment made under subsection (1) is subject to approval
by the overview and scrutiny committee of the relevant combined
authority.

(1B)    Where an overview and scrutiny committee fails to approve the

mayor’s appointment of deputy mayor, that appointment is
rendered void.

(1C)    An approval under subsection (1A) means a vote by a simple
majority of the members of the oversight and scrutiny committee
that the appointment of the deputy mayor be agreed.

(1D)    An overview and scrutiny committee may, in pursuit of making a
determination under subsection (1), hold a confirmation hearing for
the deputy mayor.

(1E)    
For the purposes of subsection (1D) a “confirmation hearing”
means a public meeting at which members of the overview and
scrutiny committee may question witnesses and where the

committee can compel—

(a)   the mayor;

(b)   the proposed deputy mayor; and

(c)   any other persons that the committee considers relevant,

to attend.”

Clause 3

LORD MCKENZIE OF LUTON

LORD BEECHAM

20

Page 3, line 32,
at end insert “with the consent of the combined authority”

21

Page 3, line 40,
at end insert—

“( )     The mayor must consult the combined authority when any general
function of the mayor is delegated to the deputy mayor or any other
member or officer.”

22

Page 4, line 6,
at end insert—

“( )   may only be made in consultation with the combined authority.”

23

Page 4, leave out lines 14 and 15

24

Page 4, line 31,
at end insert—

“( )     Where the geographical boundary of a combined authority does not
correspond with the area of the police and crime commissioner in question,
the Secretary of State shall bring forward proposals to make alternative
arrangements.”

LORD SHIPLEY

25*

Page 4, line 31,
at end insert—

“(1A)    An order may only be made under subsection (1) if a resolution has
been passed by a simple majority of the Assembly for the relevant
combined authority to enable the mayor to take on the functions of
a police and crime commissioner for that area.”

LORD SHIPLEY

LORD TYLER

26*

Page 4, line 41,
at end insert—

“( )     The reference in subsection (1A) to the Assembly for the relevant
combined authority has the same meaning as in section 107BB
(requirement for an elected assembly to form part of mayoral
combined authority).

LORD MCKENZIE OF LUTON

LORD BEECHAM

27

Page 4, line 42, at end insert “all”

THE EARL OF LISTOWEL

28

Page 5, line 29,
at end insert—

“(10)    Before making an order under this section, the Secretary of State
must lay a report before both Houses of Parliament outlining his
plans to develop the policing and crime functions of mayors who
exercise the functions of a police and crime commissioner.”

Schedule 2

LORD MCKENZIE OF LUTON

LORD BEECHAM

29

Page 19, line 10,
at end insert—

“( )     An order under this paragraph must include provision for an
appointment process for any other person who may exercise any
PCC functions of the mayor.”

30

Page 20, line 13,
at end insert—

“( )   about the protection of police budgets which have been
transferred to a mayor under the provisions of this Act.”

31

Page 20, line 16,
after “mayor,” insert “or any other relevant person,”

32

Page 20, line 29,
after “mayor” insert “, or any other person exercising a PCC
function of the mayor,”

Clause 4

BARONESS WHEATCROFT

LORD MOYNIHAN

33

Page 6, line 18,
at end insert—

“( )   enabling the mayor to raise funds for the carrying out of
specified development projects by the issue of bonds to be
made available only to those resident within the combined
authority area.”

LORD SMITH OF LEIGH

34*

Page 6, line 18,
at end insert—

“( )   to appoint a local authority member of a combined
authority to have responsibility for finance and resource
management.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

35

Page 6, line 30,
after “veto” insert “or change”

LORD SMITH OF LEIGH

36*

Page 6, line 32,
at end insert “, specifying the number of local authority members
within a combined authority area who can veto the draft budget”

Schedule 3

LORD SHIPLEY

BARONESS PINNOCK

LORD SCRIVEN

37*

Page 22, line 22,
at end insert—

“( )   to approve the appointment of the deputy mayor”

LORD SHIPLEY

BARONESS PINNOCK

BARONESS JANKE

LORD SCRIVEN

38*

Page 22, line 37,
after “power” insert—

“(a)   “

39*

Page 22, line 38,
at end insert “, or

(b)   require delay of a decision in order for further public
consultation to be carried out”

40*

Page 24, line 15,
at end insert—

“( )   about the powers of an overview and scrutiny committee
to compel other bodies to provide information to the
committee and what form this information may take”

41*

Page 24, line 31,
at end insert—

“( )     Provision under sub-paragraph (2)(a) must include provision to
ensure that the membership of an overview and scrutiny
committee reflects the proportion of votes cast for each political
party at the most recent local government election for the
combined authority’s constituent councils.”

LORD SHIPLEY

BARONESS PINNOCK

LORD SCRIVEN

42*

Page 24, line 31,
at end insert—

“( )     Provision under sub-paragraph (2)(b) must include provision
that the chair of such a committee must be a representative of a
party other than that of the political party of the mayor of the
combined authority.”

Clause 8

LORD SHIPLEY

BARONESS JANKE

43*

Page 10, line 2,
at end insert—

“( )     The Secretary of State may by order make provision for conferring
on a combined authority, upon the request of that authority in
relation to its area, the full retention of business rates, business rate
supplements, council tax, stamp duty land tax, annual tax on
enveloped dwellings, capital gains property disposal tax, and
multi-year finance settlements.”

44*

Page 10, line 2,
at end insert—

“( )     The Secretary of State may by order make provision for conferring
on a combined authority in relation to its area discretionary control
of council tax discounts, business rate discounts and supplements,
and other local fees, charges and subsidies in relation to other
retained taxes.”

Clause 10

LORD SHIPLEY

BARONESS JANKE

45*

Page 10, line 30,
at end insert—

“( )     Before making regulations under subsection (1), the Secretary of State must
be satisfied that the local government electors in the appropriate local
authorities have been properly consulted by the local authorities who are
consenting to the regulations under subsection (3).”

After Clause 10

BARONESS JANKE

LORD SHIPLEY

46*

Insert the following new Clause—

“Referendums to undo change to mayor and cabinet executive

In the Local Government Act 2000, omit section 9NA (effect of section 9N
order).”

LORD SHIPLEY

LORD TYLER

BARONESS PINNOCK

LORD SCRIVEN

47*

Insert the following new Clause—


“Governance arrangements of local authorities in England: election of
councillors

(1)     Section 36 of the Representation of the People Act 1983 (local elections in
England and Wales) is amended as follows.

(2)     
After subsection (1) insert—

“(1A)    Rules made by the Secretary of State under subsection (1) must
ensure that each vote in the poll at an election shall be a single
transferable vote.

(1B)    
A single transferable vote is a vote—

(a)   
capable of being given so as to indicate the voter’s order of
preference for the candidates for election as members for the
constituency; and

(b)   capable of being transferred to the next choice when the
vote is not needed to give a prior choice the necessary quota
of votes or when a prior choice is eliminated from the list of
candidates because of a deficiency in the number of votes
given for him.”

LORD TYLER

LORD SHIPLEY

48*

Insert the following new Clause—

“Governance arrangements for local government: entitlement to vote


In section 2 of the Representation of People’s Act 1983 (local government

electors), in subsection (1)(d) for “18” substitute “16”.”

Schedule 4

LORD SHIPLEY

BARONESS PINNOCK

BARONESS JANKE

LORD SCRIVEN

49*

Page 24, line 45,
at end insert—

“( )     
In this paragraph “party” has the same meaning as in Part II of
the Political Parties, Elections and Referendums Act 2000, or a
group of councillors not aligned with any political party but who
act, for the purposes of the combined local authority, as a single
group of councillors.”

Prepared 19th June 2015