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Make provision for the Secretary of State to publish action plans in connection |
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with promoting the sustainability of local communities and to enable local |
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authorities and local communities to participate in the formulation and |
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implementation of those plans; to require the Secretary of State to provide |
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information on government spending in local authority areas to local |
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authorities upon request; to make provision for local authorities to produce |
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local spending plans; to require the Secretary of State to approve and |
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implement those plans; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Sustainability of local communities |
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(1) | The principal aim of this Act is to promote the sustainability of local |
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“sustainability of local communities” may be promoted by— |
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(a) | protecting or reviving local economic activity, including shops |
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and other commercial concerns, services, employment and |
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(b) | protecting the local environment; |
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(c) | decreasing the number of households affected by social |
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(d) | increasing participation in civic and political activity; and |
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(e) | the prudent use of natural resources. |
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(3) | It shall be the duty of the Secretary of State to assist local authorities and |
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principal councils in promoting the sustainability of local communities in the |
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(b) | by a local authority pursuant to section 5. |
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(4) | The Secretary of State shall publish, within 12 months of the passing of this Act, |
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guidance to local authorities and principal councils on the effective promotion |
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of the sustainability of local communities. |
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2 | Plan published by Secretary of State |
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(1) | Within two years of the passing of this Act, the Secretary of State shall publish |
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an action plan (“the plan”) which shall specify the ways in which he proposes |
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to discharge his duty pursuant to section 1. |
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(2) | The plan shall include— |
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(a) | the actions the Secretary of State will take within the planning period in |
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order to promote the sustainability of local communities, |
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(b) | a programme of action for the promotion of the sustainability of local |
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communities for the ten year period following the date of publication, |
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(c) | actions which are of benefit to— |
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(i) | all local communities, and |
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(ii) | specific local communities and limited geographical areas. |
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(3) | Prior to the preparation of the plan, the Secretary of State shall— |
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(a) | notify principal councils of his intention to prepare a plan, and |
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(b) | invite principal councils to submit recommendations on the contents of |
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such a plan, within a period of at least nine months from the date of |
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notification under subsection (3)(a). |
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(4) | In preparing the plan, the Secretary of State shall— |
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(a) | have regard to the indicators set out in the Schedule, |
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(b) | include in the plan those recommendations submitted by principal |
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councils in accordance with subsection (3)(b) provided that they are |
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(i) | incompatible with other recommendations made under |
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subsection (3)(b) which he believes are more likely to promote |
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sustainable communities, or |
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(ii) | unnecessary, in his opinion, for the promotion of the |
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sustainability of local communities. |
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(5) | The Secretary of State shall publish his reasons for any decision not to include |
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a recommendation made under subsection (3)(b). |
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(6) | The plan shall specify the action to be taken by the Secretary of State to promote |
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the sustainability of local communities. |
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(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 |
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approving the plan in the House of Commons. |
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(9) | It shall be the duty of a Minister of the Crown to make a motion for a resolution |
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approving the plan in the House of Lords. |
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(10) | Subject to section 3 it shall be a duty of the Secretary of State to implement the |
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(11) | The Secretary of State shall, one year after the publication of the plan, and |
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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 |
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revisions to the plan he proposes to make. |
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(12) | The Secretary of State shall publish a revised plan— |
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(a) | if he considers it necessary in order to promote better the sustainability |
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(b) | if he is requested to do so by a majority of principal councils within a |
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region or area covered by the plan. |
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(13) | In publishing any revised plan, the Secretary of State shall comply with the |
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provisions of subsections (2) to (5) above. |
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3 | Representations by principal councils in connection with the action plan |
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(1) | Before submitting recommendations on a plan under section 2(3)(b) a principal |
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council shall give notice of its intention to make recommendations and invite |
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suggestions from residents in its area on measures necessary to promote the |
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sustainability of the local community by— |
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(a) | publishing a notice on at least one occasion in a local newspaper or |
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newspapers circulating throughout the principal council’s area, |
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(b) | publishing a notice on its website, |
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(c) | giving notice to every parish or community council within its area and |
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any other bodies which it believes may have a relevant interest in the |
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matters listed in the Schedule, and |
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(d) | taking reasonable steps to obtain the views of residents under 25 years |
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(2) | A principal council shall have regard, when preparing recommendations |
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under subsection (1) above, to |
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(a) | any parish plan published by a parish or community council, and |
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(b) | any guidance issued under subsection (3) below. |
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(3) | The Secretary of State shall, within nine months of the passage of this Act, |
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publish a community participation report containing guidance for principal |
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councils on how best to involve local communities and residents in the |
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activities related to decisions made in pursuance of this Act. |
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(4) | Where a parish or community council, or a resident, within four months of a |
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notice issued under subsection (1), suggests measures which— |
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(a) | would promote the sustainability of local communities, |
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(b) | are reasonably practicable to implement, |
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(c) | do not, in the opinion of the principal council, conflict with another |
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suggestion which would better promote the sustainability of local |
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(d) | would not, in the opinion of the principal council, incur costs which |
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would be disproportionate to the benefits which would be likely to |
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arise from their implementation, |
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| the principal council shall include such measures in its recommendations to |
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the Secretary of State under section 2(3)(b). |
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4 | Local communities allocation |
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(1) | A local authority may request from the Secretary of State the production of a |
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local community allocation (“the allocation”) in respect of its area. |
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(2) | For the purposes of this section, the allocation shall— |
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(a) | provide a breakdown of expenditure by government departments and |
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agencies (“relevant expenditure”) in the local authority area on services |
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provided for the benefit of local communities over the planning period, |
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(b) | identify specific proposals to which funding has been allocated over the |
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(c) | not include sums to be allocated to services of primarily national |
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significance, as defined by the Secretary of State under subsection (3) |
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(3) | The Secretary of State may by order define the services or types of services |
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which are of primarily national significance for the purposes of subsection 2(c) |
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and shall give reasons for all such definitions. |
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(4) | An order under subsection (3) above is to be made by statutory instrument. |
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(5) | No such order shall be made unless a draft of it has been laid before, and |
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approved by a resolution of, each House of Parliament. |
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(6) | The Secretary of State shall provide the allocation to a local authority within |
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three months of receipt of a request made under subsection (1). |
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(1) | A local authority may, within six months of receipt of the allocation, prepare a |
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(2) | A local spending plan may set out a proposed breakdown for the allocation of |
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relevant expenditure in the local authority’s area over the planning period. |
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(3) | Prior to the preparation of a local spending plan, a local authority shall give |
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notice of its intention to prepare a local spending plan and invite suggestions |
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(a) | publishing a notice on at least one occasion in a local newspaper or |
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newspapers circulating throughout the local authority’s area, |
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(b) | publishing a notice on its website, and |
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(c) | giving notice to every parish or community council within its area and |
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any other bodies which it believes may have a relevant interest in the |
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matters listed in the Schedule. |
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(4) | A local authority shall make the local communities allocation and the local |
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spending plan available for inspection— |
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(a) | at its principal offices, and |
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(5) | In preparing a local spending plan a local authority shall have regard to— |
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(a) | the promotion of the sustainability of local communities, |
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(b) | the action plan referred to in section 2, and |
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(c) | any representations made in connection with the local spending plan in |
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accordance with subsection (3). |
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6 | Approval of local spending plans |
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(1) | A local authority shall submit its proposed local spending plan to the Secretary |
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(2) | The Secretary of State shall take a decision on a proposed local spending plan |
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within three months of its receipt. |
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(3) | In considering the proposed local spending plan the Secretary of State shall |
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(a) | the action plan referred to in section 2, and |
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(b) | the principal aims of this Act, as referred to in section 1. |
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(4) | The Secretary of State shall provide his decision on the local spending plan to |
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the local authority and shall publish the reasons for making all amendments |
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under subsection (3) at the same time. |
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7 | Implementation of local spending plans |
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(1) | The Secretary of State shall implement approved local spending plans by allocating |
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resources in accordance with its provisions. |
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(2) | Prior to implementing the local spending plan, the Secretary of State shall |
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consult the local authority or local authorities to which the plan applies on the |
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allocation of resources under the plan. |
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(3) | The Secretary of State shall have a duty to consult with other government |
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departments and agencies which have responsibilities for aspects of the local |
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spending plans in order to discuss the co-ordinated allocation of resources. |
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(4) | The Secretary of State shall monitor the implementation of local spending |
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plans and publish in each financial year following the approval of the first local |
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spending plan a report on the progress of implementation of each plan and any |
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revisions to them that he proposes to make. |
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(5) | The Secretary of State shall lay the report referred to in subsection (4) before |
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both Houses of Parliament. |
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8 | Revision of local spending plans |
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(1) | The Secretary of State shall, upon request in accordance with section 4(1), |
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produce a revised local communities allocation within six months of the |
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publication of a new comprehensive spending review, and at any other time |
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which he deems appropriate. |
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(2) | If a revised local communities allocation is produced in accordance with |
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subsection (1), the local authority to which the allocation applies may revise its |
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local spending plan, in accordance with the provisions of section 5(3). |
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(3) | Any revised local spending plan shall be approved by the Secretary of State in |
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accordance with the provisions of section 6 and shall supersede any earlier |
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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 |
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reference to the National Assembly for Wales; |
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(b) | sections 2(7) (8) and (9) shall be omitted; |
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(c) | in section 2(11) for the words “lay before each House of Parliament” is |
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substituted the word “publish”; and |
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(d) | in section 7(5) for the words “lay the report referred to in subsection (4) |
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before both Houses of Parliament” are substituted the words “publish |
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(1) | The Secretary of State shall extend the provisions of this Act to Northern |
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Ireland, with such modifications as he considers appropriate, by Order in |
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Council, in accordance with the Schedule to the Northern Ireland Act 2000 |
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(2) | This section shall not apply after the restoration of devolved government |
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under the Northern Ireland Act 2006 (c. 17). |
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“local authority” means a district council, metropolitan district council, |
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county borough council or a London borough council; |
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“planning period” means the period covered by the latest comprehensive |
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“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); |
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“principal council” has the meaning as given in section 270 of the Local |
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Government Act 1972 (c. 70); |
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“region” means a region specified in Schedule 1 of the Regional |
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Development Agencies Act 1998 (c. 45); and |
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“social exclusion” has the meaning prescribed by the Secretary of State by |
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order made by statutory instrument. |
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(2) | An order made under this section shall be laid before Parliament after being |
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made and is subject to annulment in pursuance of a resolution of either House |
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There shall be paid out of money provided by Parliament— |
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(a) | any sums to be paid by the Secretary of State for or in connection with the |
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carrying out of his functions under this Act; and |
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(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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13 | Short title, commencement and extent |
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(1) | This Act may be cited as the Sustainable Communities Act 2007. |
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(2) | Subject to subsections (3) and (4) below, this Act extends to England and Wales |
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(3) | This Act extends to Scotland only in respect of matters which are reserved in |
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accordance with Schedule 5 to the Scotland Act 1998 (c. 46). |
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(4) | Section 10 of this Act extends to Northern Ireland and the remainder of the Act |
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extends to Northern Ireland only in respect of matters which are reserved in |
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accordance with Schedule 3 to the Northern Ireland Act 1998 (c. 47). |
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