Cities and Local Government Devolution Bill [HL]

third
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 8 to 11
Schedule 4 Title
Clauses 12 to 14

[Amendments marked * are new or have been altered]

Before Clause 8

LORD SHIPLEY

LORD STOREY

42A*

Insert the following new Clause—

“Access arrangements to combined authority meetings for the press and public

(1)     The Secretary of State shall, by regulations, provide that, where a meeting

is held—

(a)   between a mayor established under the provisions of this Act and
the relevant combined authority;

(b)   by the leaders of a combined authority;

(c)   by an overview and scrutiny committee of a combined authority,

arrangements must be made, so far as is reasonably practicable, to allow
reasonable access to the meeting for the public and the press.

(2)     
For the purposes of this subsection (1) “so far as is reasonably practicable”
means to the extent possible to allow transparency of proceedings and

decisions, while taking into account—

(a)   the need for unencumbered advice from officials, and

(b)   the need to protect commercial confidentiality.

(3)     
For the purposes of subsection (1), “reasonable access” may include but is

not restricted to—

(a)   attending and viewing the meeting,

(b)   taking notes of the meeting, and

(c)   taking a visual or audio recording of the meeting.”

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

44D

[Withdrawn]

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.””

LORD WARNER

[In substitution for Amendment 44D]

44DD*

Insert the following new Clause—

“NHS responsibilities

(1)     The Secretary of State may transfer to a combined authority any NHS
responsibilities provided for in the Health and Social Care Act 2012 if he

considers—

(a)   
that it is in the best interests of the authority’s population in terms
of health outcomes; and

(b)   that it will help fulfil his duty in section 2 of the 2012 Act (the

Secretary of State’s duty as to improvement in quality of services)
to improve the quality of health services.

(2)     In making a transfer of responsibilities to a combined authority under
subsection (1), the Secretary of State shall request that a memorandum of
understanding between NHS England and the combined authority be
agreed.

(3)     
The memorandum of understanding shall—

(a)   be consistent with the duties and powers of the combined authority
under the 2012 Act, and

(b)   last for a minimum of 5 years, unless the combined authority fails
to discharge its responsibilities under the memorandum, including
its mandate from the Secretary of State.

(4)     Any memorandum under subsection (2) shall have regard to the Secretary

of State’s duty under section 5 of the 2012 Act (the Secretary of State’s duty

as to promoting autonomy) by—

(a)   promoting autonomy and avoiding placing unnecessary burdens
on the combined authority, and

(b)   specifying the key health outcomes to be achieved by the combined
authority.

(5)     The requirements in the memorandum shall be set out in regulations by the
Secretary of State.

(6)     A combined authority assuming NHS responsibilities under the provisions
of this section shall publish an annual report on how it has discharged its
responsibilities on the basis set out in the memorandum of understanding.”

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

44F

Page 10, line 25,
at end insert—

“( )     Where regulations under subsection (1) apply to local authorities in areas
not part of a combined authority, the Secretary of State may allow for the
local authority to enter into collaborative working arrangements with a
mayor or other appropriate governance structure operating in a city or
metropolitan area.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

44G*

Page 10, line 25,
at end insert—

“( )     In making regulations under subsection (1) the Secretary of State must have
regard to the need to reflect the identities and interests of local
communities and to secure effective and convenient local government.”

LORD LIDDLE

44H

Page 10, line 29, leave out subsection (3)

44J

Page 10, line 29,
leave out from “may” to end of line 30 and insert “normally be
made only with the consent of the local authorities to whom the regulations

apply—

( )     Where a change to unitary governance arrangements is supported by the
local authorities to whom the regulations are to apply, but there is no
agreement by all the local authorities on issues under subsection (1), the
Secretary of State may make provision about specified arrangements.”

44K

Page 10, line 29,
leave out from “made” to end of line 30 and insert “either—

(a)   with the consent of all of the principal authorities to whom the
regulations are to apply, or

(b)   
by determination of the Secretary of State upon consideration of—

(i)   any demonstration of support from key organisations and
citizens in the affected area; or

(ii)   where provided, the advice of the Local Government
Boundary Commission for England.”

44L

Page 10, line 29,
leave out from “made” to end of line 30 and insert “where a change
to unitary governance arrangements is supported by the local authorities to whom

the regulations are to apply—

“( )   where there is no agreement by all the local authorities to whom the
regulations are to apply on the arrangements under subsection (1),
the Secretary of State may make provision for unitary governance
arrangements based on recommendations of a body appointed by
the Secretary of State.”

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).”

LORD MCKENZIE OF LUTON

LORD BEECHAM

45A*

Page 10, line 40, leave out subsection (6)

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

46A

Insert the following new Clause—

“Independent review, support and governance

(1)     It shall be the duty of the Secretary of State to lay before each House of
Parliament each year a report about devolution within England and Wales

pursuant to the provisions of this Act (an “annual report”).

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

(3)     The Secretary of State may by regulations make provision for an
Independent Commission or Advisory Board to undertake a review and

perform an advisory role in relation to—

(a)   reviewing orders and procedure arising from the Secretary of
State’s decisions; and

(b)   requests for orders received from combined or single local
authorities.”

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”.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

48A*

Insert the following new Clause—

“Devolution in London

(1)     Within six months of the passing of this Act, the Secretary of State must
publish a report on a greater devolution of powers in London, including on

whether to make provision for the Secretary of State to—

(a)   transfer a public authority function to a joint committee of London
councils, and

(b)   establish a joint board between London boroughs and the Mayor of
London to support further devolution in London.”

BARONESS ROYALL OF BLAISDON

48B*

Insert the following new Clause—

“Devolution to communities and citizens

Within six months after the passing of this Act, the Secretary of State shall
lay a report before both Houses of Parliament on the involvement of
communities and local electors in the process of devolving of power from
central government to local and combined authorities.”

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 26th June 2015