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Cities and Local Government Devolution Bill [HL] |
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ON CONSIDERATION OF Commons Amendments |
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[The page and line references are to Bill 64, the bill as first printed for the Commons.] |
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Page 14, line 33, at end insert— |
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“( ) | In section 104 (constitution and functions of combined authorities: |
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transport), after subsection (9) (inserted by section 9(1) above) insert— |
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“(10) | An order under this section may be made in relation to a combined |
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authority only with the consent of— |
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(a) | the constituent councils, and |
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(b) | in the case of an order in relation to an existing combined |
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authority, the combined authority. |
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(11) | In subsection (10) “constituent council” means— |
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(a) | a county council the whole or any part of whose area is |
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within the area or proposed area of the combined authority, |
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(b) | a district council whose area is within the area or proposed |
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area of the combined authority. |
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(12) | Subsection (10) is subject to section 106A.” |
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( ) | In section 105 (constitution and functions of combined authorities: |
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economic development and regeneration), after subsection (3) insert— |
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“(3A) | An order under this section may be made in relation to a combined |
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authority only with the consent of— |
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(a) | the constituent councils (as defined by section 104(11)), and |
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(b) | in the case of an order in relation to an existing combined |
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authority, the combined authority. |
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| (3B) | Subsection (3A) is subject to section 106A.” |
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| ( ) | In section 106 (changes to boundaries of a combined authority’s area)— |
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| (a) | in subsection (2), omit paragraph (b); |
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| (c) | after subsection (3) insert— |
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| “(3A) | An order under this section adding or removing a local |
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| government area to or from an existing area of a combined |
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| authority may be made only if— |
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| (a) | the relevant council in relation to the local |
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| government area consents, |
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| (b) | the combined authority consents, and |
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| (c) | the mayor for the area of the combined authority (if |
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| it is a mayoral combined authority) also consents. |
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| (3B) | For the purposes of subsection (3A)(a), the “relevant |
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| council” in relation to a local government area is— |
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| (a) | if the local government area is the area of a county |
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| council, the county council; |
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| (b) | if the local government area is the area of a district |
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| council whose area does not form part of the area of |
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| a county council, the district council; |
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| (c) | if the local government area is the area of a district |
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| council whose area forms part of the area of a county |
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| council, the district council or the county council. |
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| (3C) | If there are two relevant councils in relation to a local |
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| government area by virtue of subsection (3B)(c), the |
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| condition in subsection (3A)(a) for the relevant council to |
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| (a) | in the case of an order under subsection (1)(a), either |
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| or both of the relevant councils consent; |
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| (b) | in the case of an order under subsection (1)(b), both |
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| of the relevant councils consent. |
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| (3D) | Subsections (2) and (3A) do not apply to an order under |
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| subsection (1)(b) that is made as a result of the duty in |
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| section 105B(1D) or 107B(4).” |
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| ( ) | After section 106 insert— |
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| “106A | Section 106(1)(a) orders: consent requirements under other powers |
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| (1) | Subsection (2) applies where— |
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| (a) | the area of a district council is added to the area of a |
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| combined authority by an order under section 106(1)(a), |
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| (b) | the area of the district council forms part of the area of a |
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| (c) | the Secretary of State proposes to exercise a relevant power |
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| as a result of, or otherwise in connection with, the making of |
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| (d) | (apart from subsection (2)) the relevant power is exercisable |
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| only with the consent of (among other authorities) the |
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| county council mentioned in paragraph (b). |
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| (2) | The relevant power is exercisable whether or not the county council |
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| (3) | Subsection (4) applies where— |
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| (a) | the area of a county council is added to the area of a |
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| combined authority by an order under section 106(1)(a), |
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| (b) | the area of the county council includes the areas of district |
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| (c) | the Secretary of State proposes to exercise a relevant power |
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| as a result of, or otherwise in connection with, the making of |
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| (d) | (apart from subsection (4)) the relevant power is exercisable |
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| only with the consent of (among other authorities) a district |
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| council within paragraph (b). |
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| (4) | The relevant power is exercisable whether or not the district council |
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| (5) | In this section, “relevant power” means a power— |
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| (a) | to make an order under section 104, 105 or 105A, or |
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| (b) | to make regulations under— |
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| (i) | section 74 of the Local Government Finance Act 1988 |
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| (by virtue of subsection (8) of that section), or |
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| (ii) | section 23(5) of the Local Government Act 2003.”” |
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| [As amendments to Commons Amendment 31] |
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| Line 45, leave out “or” and insert “and” |
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| Line 50, leave out from beginning to end of line 51 |
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| “(d) | after subsection (7) insert— |
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| “(8) | When, under the circumstances set out in subsections (3B) |
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| and (3C), one of the relevant councils does not consent, the |
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| other council may require the non-consenting council to |
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| enter into discussions to resolve any areas of disagreement |
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| and, in the event that such discussions do not successfully |
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| resolve the areas of disagreement, either council may refer |
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| those areas of disagreement to the Secretary of State who, |
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| following consideration of those areas of disagreement, may |
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| exercise his powers under subsection (1).”.” |
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Page 16, line 11, at end insert— |
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“(3A) | Regulations under this section, so far as including structural or boundary |
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provision in relation to a non-unitary district council area, may be made if |
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at least one relevant local authority consents. |
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(3B) | Local authority in this case is defined as— |
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(a) | a non-unitary district council whose area is, or forms part of, the |
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non-unitary district council area; |
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(b) | a county council whose area includes the whole or part of the non- |
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unitary district council area. |
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(3C) | Relating to subsections (3A) and (3B)— |
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“non-unitary district council area” means the area or areas of one or |
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more non-unitary district councils; |
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“non-unitary district council” means a district council for an area for |
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which there is also a county council; |
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“structural or boundary provision” means provision about the |
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structural or boundary arrangements of local authorities in |
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regulations made by virtue of subsection (1)(c). |
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(3D) | Subsections (3A) to (3C) expire at the end of 31st March 2019 (but without |
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affecting any regulations already made under this section by virtue of |
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[As an amendment to Commons Amendment 36] |
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Line 4, at end insert “and the consenting local authority can demonstrate that it has |
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made reasonable efforts to achieve local consensus for its proposed changes to |
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structural or boundary provision” |
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Page 18, line 41, leave out Clause 20 |
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Lord Shipley to move, as an amendment to the motion that this House do agree |
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with the Commons in their Amendment 52, leave out “agree” and insert |
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