Sustainable Communities Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Sustainable Communities Bill

Sustainable Communities Bill
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A
Bill
To
Make provision for local authorities to submit plans to the Secretary of State in
connection with promoting the sustainability of local communities; to provide
for parish councils and other persons to participate in the formulation of such
plans; to provide for the Secretary of State to assist local authorities in
promoting sustainable communities; to specify the indicators by which the
sustainability of local communities may be measured; 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:—
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Sustainability of local communities
(1)
The principal aim of this Act is to promote the sustainability of local
communities.
(2)
In this Act,
“sustainability of local communities” may be promoted by—
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(a)
protecting or reviving local economic activity, including shops
and other commercial concerns, services, employment and
locally-based industry;
(b)
protecting the local environment;
(c)
decreasing the number of households affected by social
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exclusion and poverty; and
(d)
increasing participation in civic and political activity.
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Duty of Secretary of State to assist principal councils in promoting the
sustainability of local communities
It shall be a duty of the Secretary of State to assist principal councils in
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promoting the sustainability of local communities in the ways specified in this
Act and in accordance with the indicators specified—
(a)
by this Act, and
(b)
by a principal council pursuant to section 3 below.

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Reports from principal councils on sustainability of local communities
(1)
The Secretary of State shall, within six months of the passing of this Act, invite
each principal council to submit to him a report indicating the ways in which
they believe he can help promote the sustainability of local communities,
taking account of—
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(a)
the indicators in the Schedule, and
(b)
any other indicators that in the opinion of the principal council are
relevant for the purposes of the Act

and any such report may include objectives and targets relating to any or all of
the indicators, as the principal council sees fit.
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(2)
A report submitted under this section may also suggest further powers which,
in the opinion of the principal council, should be given to principal councils to
enable them to promote the sustainability of local communities.
(3)
Two or more principal councils may submit a joint report.
(4)
Reports submitted in accordance with this section shall be published.
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(5)
If, following an invitation from the Secretary of State, a principal council does
not submit a report under this section it shall publish its reasons for not doing
so.
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Participation and guidance relating to reports by principal councils
(1)
Before submitting a report under section 3 (“the report”) a principal council
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shall—
(a)
take into account any guidance issued pursuant to subsection (7)
below;
(b)
take reasonable steps to obtain the views of any parish councils in its
area on the promotion of the sustainability of local communities;
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(c)
take into account the contents of any plan published by a parish council
(a “parish plan”); and
(d)
take reasonable steps to obtain the views of other persons, including, in
particular, persons aged 25 years and under, in its area on the
promotion of the sustainability of local communities.
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(2)
Where a parish council, or parish plan, or any other person—
(a)
suggests objectives or targets in respect of any of the indicators referred
to in section 3(1), or
(b)
suggests other indicators that, in its view are relevant for the purposes
of the Act,
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the principal council shall, subject to subsection (4) below, include such matters
in the report if it considers that both of the conditions in subsection (3) are met.
(3)
The conditions referred to in subsection (2) are—
(a)
that the suggested indicators would assist with promoting the
sustainbility of local communities; and
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(b)
that it would be reasonably practicable to use the suggested indicators
in connection with promoting the sustainability of local communities.
(4)
A principal council may omit from the report a suggestion made under
subsection (2) above if—

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(a)
it conflicts with another suggestion which, in the opinion of the
principal council, would better promote the sustainability of local
communities; or
(b)
in the opinion of the principal council the cost of including the
suggestion would be disproportionate to the benefit the principal
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council considers would be likely to arise from inclusion in the report
in terms of promoting the sustainability of local communities.
(5)
A principal council shall publish its reasons for not including a suggestion in
the report under subsection (4) above.
(6)
A principal council may in the report—
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(a)
include a suggested programme for action, indicating the elements of
that programme which it considers to be most important in terms of
promoting the sustainability of local communities; and
(b)
indicate its opinion of the level of support in its area, or any relevant
parts of its area, for any elements of the report and the suggested
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programme for action.
(7)
The Secretary of State shall publish guidance to assist prinicpal councils in
carrying out their functions under this section.
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Plan published by Secretary of State
(1)
Within two years of the passing of this Act, the Secretary of State shall publish
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a plan (“the plan”) which shall specify the ways in which he proposes to
discharge his duty pursuant to section 2 above in that year and shall include a
programme of action for subsequent years.
(2)
The plan shall include any objectives or targets speficied by each principal
council, unless, in the opinion of the Secretary of State, any such objective or
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target would—
(a)
significantly conflict with government policy in respect of conditions
specified under subsection (3),
(b)
significantly conflict with an objective or target included in the plan
which was proposed by another principal council, or
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(c)
be likely to entail disproportionate cost in comparison to the benefit the
Secretary of State considers would be likely to arise from including the
objective or target in the plan in terms of promoting the sustainability
of local communities.
(3)
The conditions referred to in subsection (2)(a) are that government policy must
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relate to matters where a decision by the Secretary of State is necessary in order
to achieve a national objective specified in subsection (4).
(4)
The Secretary of State shall—
(a)
indicate national objectives in accordance with subsection (3), and
(b)
publish his reasons for not including in his plan any objective or target
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specified by a principal council.
(5)
The plan may—
(a)
make different provision for different parts of the country, different
principal councils, or different types of principal council,
(b)
make proposals about new powers which may be given to principal
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councils, or

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(c)
include enabling action by the Secretary of State to support or enable
action by local authorities or any other person.
(6)
The plan shall specify the action to be taken by the Secretary of State to promote
the sustainability of local communities.
(7)
The Secretary of State shall lay the plan before each House of Parliament.
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(8)
It shall be the duty of the Secretary of State to make a motion for a resolution
approving the plan in the House of Commons.
(9)
It shall be the duty of a Minister of the Crown to make a motion for a resolution
approving the plan in the House of Lords.
(10)
Subject to section 6 it shall be a duty of the Secretary of State to implement the
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plan.
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Right of principal councils to challenge plan
(1)
Subject to subsection (3) below, if a majority of principal councils in a region
have submitted to the Secretary of State their reasons for opposing the
implementation of the plan, or a specific element or elements of the plan, in
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that region, then the Secretary of State shall not implement the plan, or the
specificied element or elements of it, in that region.
(2)
The principal councils submitting reasons to the Secretary of State under
subsection (1) above shall publish those reasons.
(3)
If, in the opinion of the Secretary of State, the majority of those on the electoral
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register in a region do not support any action by a majority of principal
councils in that region under subsection (1), then that subsection shall not
apply.
(4)
The Secretary of State shall publish his reasons for any decision taken under
subsection (3).
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Implementation of plan by principal councils
A principal council may take such steps as it deems necessary to assist the
Secretary of State to implement the plan under section 5, including by—
(a)
implementing measures specified in the plan where it has the power to
do so; and
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(b)
so far as is reasonably practicable, assisting with the attainment of any
objectives or the achievement of any targets specified in the plan.
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Annual report on the implementation of the plan and revisions to the plan
(1)
The Secretary of State shall, one year after the publication of the plan, and
annually thereafter, lay before each House of Parliament a report on progress
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in implementing the plan, the outcomes arising from implementation, and any
revisions to the plan he proposes to make.
(2)
Revisions proposed under subsection (1) must be based on a report submitted
to the Secretary of State under section 3.
(3)
It shall be the duty of the Secretary of State to make a motion for a resolution
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approving in the House of Commons every report before Parliament under
subsection (1).

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(4)
It shall be the duty of a Minister of the Crown to make a motion for a resolution
approving in the House of Lords every report before Parliament under
subsection (1).
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Wales
In its application to Wales, this Act shall have effect with these modifications—
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(a)
for each reference to the Secretary of State there shall be substituted a
reference to the National Assembly for Wales; and
(b)
sections 5(7), (8) and (9) and 8(3) and (4) shall be omitted.
(c)
In section 8(1) for the words “lay before each House of Parliament” are
substituted the word “publish”.
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Northern Ireland
(1)
The Secretary of State shall extend the provisions of this Act to Northern
Ireland, with such modifications as he considers appropriate, by Order in
Council, in accordance with the Schedule to the Northern Ireland Act 2000
(c. 1).
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(2)
This section shall not apply after the restoration of devolved government
under the Northern Ireland Act 2006 (c. 17).
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Interpretation
(1)
In this Act—
“poverty” means “living on a lower income” as defined by section 1 of the
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Warm Homes and Energy Conservation Act 2000 (c. 31);
“principal council” has the meaning as given in section 270 of the Local
Government Act 1972 (c. 70);
“region” means a region specified in Schedule 1 of the Regional
Development Agencies Act 1998 (c. 45); and
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“social exclusion” has the meaning prescribed by the Secretary of State by
order made by statutory instrument.
(2)
An order made under this section shall be laid before Parliament after being
made and is subject to annulment in pursuance of a resolution of either House
of Parliament.
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Expenses
There shall be paid out of money provided by Parliament—
(a)
any sums to be paid by the Secretary of State for or in connection with the
carrying out of his functions under this Act; and
(b)
any increase attributable to this Act in the sums which are payable out of
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money so provided under any other Act.
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Short title, commencement and extent
(1)
This Act may be cited as the Sustainable Communities Act 2006.
(2)
Subject to subsections (3) and (4) below, this Act extends to England and Wales
only.
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(3)
This Act extends to Scotland only in respect of matters which are reserved in
accordance with Schedule 5 of the Scotland Act 1998 (c. 46).
(4)
Section 10 of this Act extends to Northern Ireland and the remainder of the Act
extends to Northern Ireland only in respect of matters which are reserved in
accordance with Schedule 3 of the Northern Ireland Act 1998 (c. 47).
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(5)
Save for sections 3 and 4, this Act shall come into force on the day on which it
is passed.
(6)
Sections 3 and 4 shall come into force on such day or days, no later than one
year after the day on which this Act is passed, as the Secretary of State shall by
order appoint, and different days may be appointed for different areas.
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(7)
An order under subsection (6) may make different provision for different
regions and different principal councils.