Cities and Local Government Devolution Bill [HL]

Revised
Second
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—

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

[Amendments marked * are new or have been altered]

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”

Clause 6

LORD MCKENZIE OF LUTON

LORD BEECHAM

36ZA

Page 8, line 2,
after “property” insert “and”

36ZB

Page 8, line 3, leave out “and liabilities”

After Clause 6

THE EARL OF LISTOWEL

36A

Insert the following new Clause—

“Homelessness and housing need: review

(1)     Within six months of the passing of this Act, the Secretary of State shall
order a review of the advantages and disadvantages of placing a duty on
combined authorities to reduce the numbers of homeless children and
families in housing need in their area.

(2)     The Secretary of State shall lay the report of the review under subsection (1)
before both Houses of Parliament.”

36B

Insert the following new Clause—

“Affordable housing: review

(1)     Within six months of the passing of this Act, the Secretary of State shall
order a review of the advantages and disadvantages of giving combined

authorities—

(a)   responsibility for affordable housing in their area, and

(b)   associated borrowing powers.

(2)     The Secretary of State shall lay the report of the review under subsection (1)
before both Houses of Parliament.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

36C

Insert the following new Clause—

“Public authority functions

Within one month of the passing of this Act, the Secretary of State must
publish a list of public authority functions which may be the subject of a
transfer of functions under the provisions of this Act.”

36D

Insert the following new Clause—

“Transfer of functions: health and social care

A local or combined authority which is the recipient of any transfer of
functions under this Act in relation to health and social care must abide by

the following principles—

(a)   they must remain part of the National Health Service and social
care system;

(b)   they must uphold the standards set out in national guidance;

(c)   they must continue to meet statutory requirements and duties
including those contained in the NHS Constitution and Mandate;
and

(d)   they must uphold the standards that underpin the delivery of social
care and public health services.”

36E

Insert the following new Clause—

“Transfer of health and social care functions: report

Within two years of the passing of this Act, the Secretary of State must
publish a report on the quality and standards of the delivery of a
comprehensive health service by a combined authority following the
transfer of health and social care functions under the provisions of this
Act.”

36F

Insert the following new Clause—

“Further devolution of powers and funding (No. 1)

No later than three months after the passing of this Act, the Secretary of
State must consult combined authorities with a view to devolving powers

and funding in the following areas—

(a)   employment support,

(b)   transport,

(c)   housing,

(d)   skills, and

(e)   business rates.”

36G*

Insert the following new Clause—

“Further devolution of powers and funding (No. 2)

(1)     No later than three months after the passing of this Act, the Secretary of
State must consult combined authorities with a view to devolving powers

and funding for strategic planning including in the areas of—

(a)   mitigation of and adaptation to impacts of climate change;

(b)   natural resource use including water management;

(c)   delivery of low-carbon energy sources and infrastructure;

(d)   landscape-scale conservation, including green infrastructure.

(2)     The Secretary of State may only make an order to devolve powers and
funding in the areas outlined in subsection (1) with the consent of the
combined authority.”

Schedule 3

LORD MCKENZIE OF LUTON

LORD BEECHAM

36H*

Page 22, line 15,
after “taken,” insert “or under consideration,”

LORD SHIPLEY

BARONESS PINNOCK

LORD SCRIVEN

37

Page 22, line 22,
at end insert—

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

LORD MCKENZIE OF LUTON

LORD BEECHAM

37A

Page 22, line 22,
at end insert—

“(d)   to appoint an independent chair of a committee to review
and scrutinise the authority’s financial affairs;

(e)   
to review and assess the authority’s risk management,
internal control and corporate governance arrangements;
and

(f)   to review and assess the economy, efficiency and
effectiveness with which resources have been used in
discharging the authority’s functions”

37B*

Page 22, line 28,
after “taken,” insert “or under consideration,”

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”

THE EARL OF LYTTON

39A

Page 23, line 31,
after “persons” insert “, including representatives of parish
councils in the area of the combined authority,”

LORD MCKENZIE OF LUTON

LORD BEECHAM

39AA*

Page 23, line 44,
at end insert—

“(10A)   Guidance issued under sub-paragraph (9) must be subject to a
public consultation and, following that consultation, must be
made by regulations made by statutory instrument.

(10B)    A statutory instrument containing regulations under sub-
paragraph (10A) may not be made unless a draft of the
instrument has been laid before, and approved by a resolution of,
each House of Parliament.”

THE EARL OF LYTTON

39B

Page 24, line 10,
after “committee” insert “, which includes representatives of
parish councils in the area of the combined authority,”

LORD MCKENZIE OF LUTON

LORD BEECHAM

39C

Page 24, leave out lines 11 to 13

LORD SHIPLEY

BARONESS PINNOCK

BARONESS JANKE

LORD SCRIVEN

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”

LORD MCKENZIE OF LUTON

LORD BEECHAM

40A*

Page 24, leave out lines 19 to 23

40B*

Page 24, line 23,
at end insert—

“( )     An order under sub-paragraph (1) may not be made unless a
draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.”

LORD SHIPLEY

BARONESS PINNOCK

BARONESS JANKE

LORD SCRIVEN

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.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

44A

Page 10, line 2,
at end insert—

“( )     The Secretary of State may by order make provision for conferring
powers on a combined authority to set multi-year finance
settlements and retain business rates revenue in relation to its area.”

After Clause 8

LORD MCKENZIE OF LUTON

LORD BEECHAM

44B

Insert the following new Clause—

“Fairness of funding: report

Within three months of the passing of this Act, the Secretary of State must
publish a report on the impact on the functions of combined authorities of
the fairness of the distribution of funding from central government to local
authorities, particularly with regard to levels of deprivation.”

Clause 9

LORD MCKENZIE OF LUTON

LORD BEECHAM

44C

Page 10, line 7,
leave out “may” and insert “shall”

After Clause 9

LORD WARNER

44D

Insert the following new Clause—

“NHS responsibilities

(1)     A combined authority may assume NHS responsibilities and
accountability for any associated resources and assets transferred to it by
the Secretary of State for Health in accordance with a memorandum of
understanding for a period of not less than 5 years.

(2)     A memorandum under subsection (1) shall form part of an order made by
the Secretary of State for Health in accordance with his powers and duties
in the Health and Social Care Act 2012.

(3)     A combined authority assuming NHS responsibilities under subsection (1)
shall publish an annual report on how it has discharged those
responsibilities on a basis set out in the memorandum of understanding.”

LORD BERKELEY

44DA*

Insert the following new Clause—

“Sustainable development

After section 117 of the Local Democracy, Economic Development and

Construction Act 2009 (orders) insert—

“117A           Sustainable development

(1)     In determining whether or how to exercise the power conferred by
section 113D, a combined authority shall have regard to the effect

which the proposed exercise of the power would have on—

(a)   the health of persons in its area; and

(b)   the achievement of sustainable development in the United
Kingdom.

(2)     Where the authority exercises the power conferred by subsection

(1), it shall do so in the way which it considers best calculated—

(a)   to promote improvements in the health of persons in its
area, and

(b)   to contribute towards the achievement of sustainable
development in the United Kingdom,

except to the extent that the authority considers that any action that
would need to be taken by virtue of paragraphs (a) or (b) above is
not reasonably practicable in all the circumstances of the case.

(3)     In subsection (2)(a), the reference to promoting improvements in
health includes a reference to mitigating any detriment to health
which would otherwise be occasioned by the exercise of the power.

(4)     In deciding whether or how to exercise that power, the authority
shall have regard to any guidance issued under section 118.””

44DB*

Insert the following new Clause—

“Consultation

After section (Sustainable development) of the Local Democracy, Economic

Development and Construction Act 2009 insert—

“117B           Consultation

(1)     The power conferred by section 113D is exercisable only after
consultation with such bodies or persons as a combined authority
may consider appropriate in the particular case.

(2)     In determining what consultation (if any) is appropriate under
subsection (1), the bodies which, and persons whom, a combined

authority considers consulting must include—

(a)   any borough or district council within its area;

(b)   any parish or town council within its area; and

(c)   bodies of each of the descriptions specified in subsection (3).

(3)     
Those descriptions are—

(a)   voluntary bodies some or all of whose activities benefit the
whole or part of its area;

(b)   bodies which represent the interests of different racial,
ethnic or religious groups in its area;

(c)   bodies which represent the interests of persons carrying on
business in its area.

(4)     
A combined authority may make arrangements with—

(a)   any council within its area,

(b)   bodies of the descriptions specified in subsection (3), and

(c)   such other bodies or persons as it may consider appropriate,

for the purpose of facilitating the carrying out by a combined
authority of consultation pursuant to this section.””

44DC*

Insert the following new Clause—

“Transport strategies

After section (Consultation) of the Local Democracy, Economic

Development and Construction Act 2009 insert—

“117C           Transport strategies

(1)     In preparing or revising any transport strategy, a combined
authority shall have regard to the effect which the proposed

strategy or revision would have on—

(a)   the health of persons in its area;

(b)   the achievement of sustainable development in the United
Kingdom; and

(c)   the matters specified in subsection (2).

(2)     
Those matters are—

(a)   the need to ensure that the strategy is consistent with
national policies and with such international obligations as
the Secretary of State may notify to the mayor for the
purposes of this section; and

(b)   the resources available for implementation of the strategy.””

Clause 10

THE EARL OF LYTTON

44E

Page 10, line 25,
at end insert—

“( )   all local authorities in a mayoral combined authority commencing
a community governance review of their whole local authority area
within two years of this Act coming into force.”

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

LORD MCKENZIE OF LUTON

LORD KENNEDY OF SOUTHWARK

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.”

THE EARL OF LYTTON

50

Page 25, line 14,
at end insert—

“      In section 23 (duty of public authorities to secure involvement), after

paragraph 2(n) insert—

“(o)   a combined authority””

Prepared 24th June 2015