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A | |
Bill | |
To | |
Require the drawing up and implementation of a strategy to promote sustainability | |
among local communities; to make provision for the inclusion of targets and | |
indicators in the strategy; to make provision for councils to implement the strategy in | |
their area; to make provision in respect of the powers of electors in relation to the | |
implementation of the strategy; and for connected purposes. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
1 Duty of the Appropriate Authority to promote local sustainability | |
(1) It shall be the duty of the Appropriate Authority to promote the sustainability | |
of local communities. | |
(2) In this Act the sustainability of local communities shall be measured by the | |
indicators listed in the Schedule. | 5 |
2 Local Community and Sustainability Strategy | |
(1) The Appropriate Authority shall, within one year of the passing of this Act, | |
prepare a draft Local Community and Sustainability Strategy (“the draft | |
strategy”) which shall set out those measures that in its opinion are required to | |
increase the sustainability of local communities and that it proposes to take to | 10 |
achieve this objective. | |
(2) In preparing the draft strategy the Appropriate Authority shall consult— | |
(a) all local authorities in the area in respect of which it is the Appropriate | |
Authority; | |
(b) such other public bodies that in its opinion might help with the | 15 |
preparation of the strategy; | |
(c) such representatives of local communities as are practicable; and | |
(d) in London, the Assembly. | |
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(3) The Appropriate Authority shall within two years of publication of the draft | |
strategy, after consulting those bodies and persons specified in subsection | |
(2)— | |
(a) in England, lay before Parliament in draft for approval by both Houses; | |
or | 5 |
(b) in Wales, lay before the National Assembly for Wales in draft for | |
approval; or | |
(c) in London, publish, | |
a Final Local Community and Sustainability Strategy (“the final strategy”) | |
which sets out the measures the Appropriate Authority proposes to take to | 10 |
increase the sustainability of local communities. | |
3 Principal councils | |
(1) Before publishing the draft strategy or final strategy the Appropriate | |
Authority shall request every principal council to submit to it a written report | |
which sets out— | 15 |
(a) measures; | |
(b) targets in relation to indicators set for its area; and | |
(c) any new indicators for its area, or more generally, | |
which in the principal council’s opinion should be included in the strategy. | |
(2) A report under this section may set out what further powers, in the opinion of | 20 |
the principal council making the report, should be given to principal | |
councils— | |
(a) to enable them to increase the sustainability of local communities; and | |
(b) to help them achieve any of the targets in the strategy. | |
(3) A report under this section shall be available for inspection and copying by | 25 |
members of the public at all reasonable hours. | |
(4) Where a principal council declines to submit a report under this section it shall | |
state in writing the reason for so declining, and that statement of reasons shall | |
be available for inspection and copying by members of the public at all | |
reasonable hours. | 30 |
(5) In responding to a request under subsection (1) two or more principal councils | |
may submit a joint report. | |
4 Targets and implementation | |
(1) In the final strategy— | |
(a) there shall be indicated such measures and targets as the Appropriate | 35 |
Authority considers are desirable and practicable to increase the | |
sustainability of local communities according to the indicators listed in | |
the Schedule, or included pursuant to section 3 above; and | |
(b) different targets may be set for different areas or regions. | |
(2) The final strategy shall contain any local targets or new indicators (whether | 40 |
general or local) proposed by principal councils, unless in the opinion of the | |
Appropriate Authority it is impracticable or undesirable to do so, and in any | |
such case the Appropriate Authority shall state its reasons for not including | |
any such targets or new indicators. | |
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(3) Subject to the following subsections and to section 5 below, it shall be the duty | |
of the Appropriate Authority to implement the final strategy and achieve as | |
far as is reasonably practicable the targets specified in the strategy. | |
(4) Subject to subsection (5) below the Appropriate Authority, or the Secretary of | |
State in respect of the provisions of section 5(2), shall not implement any | 5 |
measures or seek to achieve any targets in any region if a majority of principal | |
councils in that region have stated in writing their opposition to those | |
measures or targets and in any such case any such statement by a principal | |
council shall be available for inspection and copying by members of the public | |
at all reasonable hours. | 10 |
(5) Subsection (4) shall not apply if in the opinion of the Appropriate Authority, or | |
the Secretary of State in respect of the provisions of section 5(2)— | |
(a) any opposition to any measures or targets by principal councils does | |
not have the support of the majority of electors in the region; or | |
(b) paragraph (a) applies in as many principal councils in a region as | 15 |
would deprive those councils in that region of a majority under | |
subsection (4) above, | |
and in such cases the Appropriate Authority shall publish its reasons for | |
reaching that opinion. | |
(6) A principal council— | 20 |
(a) shall take such steps as it deems appropriate to— | |
(i) implement any measures that are within its power; and | |
(ii) assist with the achievement, as far as is reasonably practicable, | |
of any targets | |
which have been suggested by it in its report laid under section 3 and | 25 |
which are contained in the final strategy; | |
(b) may resolve to implement the strategy as regards its area and set | |
targets which it will seek to achieve; and | |
(c) shall publish a statement of the reasons for any decision taken pursuant | |
to this subsection and, for the avoidance of doubt, it is hereby stated | 30 |
that this paragraph shall apply if the council declines to— | |
(i) take any action regarding measures to which paragraph (a) | |
above applies; or | |
(ii) pass a resolution pursuant to paragraph (b) above. | |
(7) Where a principal council resolves to implement the strategy in accordance | 35 |
with the provisions of subsection (6)(b), it shall be the duty of the council to | |
take steps to achieve those targets as far as is reasonably practicable. | |
5 Wales and Greater London | |
(1) In Wales and Greater London the duty of the Appropriate Authority to | |
implement measures and achieve targets pursuant to this act shall be subject to | 40 |
the powers of the relevant Appropriate Authority. | |
(2) As regards any measures in the final strategy for Wales and Greater London | |
that are not within the power of the relevant Appropriate Authority, the | |
Secretary of State shall consider implementing such measures. | |
(3) If the Secretary of State declines to implement any measures to which | 45 |
subsection (2) refers he shall publish his reasons for declining to do so. | |
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6 Interpretation | |
In this Act— | |
“Appropriate Authority” means— | |
(a) in Wales, the National Assembly for Wales; | |
(b) in London, the Mayor; and | 5 |
(c) in England other than London, the Secretary of State; | |
“Local authority” and “principal council” have the same meaning as in the | |
Local Government Act 1972 (c. 70) ; | |
“London” has the same meaning as Greater London in the London | |
Government Act 1963 (c. 33); and | 10 |
“Region” has the same meaning as in the Regional Development Agencies | |
Act 1998 (c. 45). | |
7 Financial provisions | |
There shall be paid out of money provided by Parliament— | |
(a) any expenditure incurred by the Appropriate Authority in consequence of this | 15 |
Act; | |
(b) a reasonable allowance for any expenditure required to be incurred by a | |
principal council in consequence of this Act; and | |
(c) any increase attributable to this Act in sums payable out of money so provided | |
by virtue of any other Act. | 20 |
8 Short title and extent | |
(1) This Act may be cited as the Local Communities Sustainability Act 2003. | |
(2) This Act extends to England and Wales only. | |
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