House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

351

House of Commons

Friday 15th June 2007

Report Stage Proceedings

Sustainable Communities Bill, As Amended

NEW CLAUSES

Local authorities: transfer of functions

Mr Nick Hurd

Mr David Drew

Withdrawn  nc6

To move the following Clause:—

‘(1)
After considering the information in a local spending report a local authority may,

subject to this section, make a recommendation to the Secretary of State for a

transfer of functions from one person to another.

(2)
A local authority may not make a recommendation for a transfer of functions

pursuant to subsection (1) unless it has consulted—

(a)
the person whose functions it relates to; and

(b)
the person to whom the local authority considers the functions should be

transferred.

(3)
Within 6 months of receiving any recommendations the Secretary of State must

either adopt and implement (or commence the process of implementation) or

reject the recommendation, and in either case shall give reasons for his decision.

(4)
If any functions are transferred pursuant to this section,

(a)
the moneys for the discharge of those functions shall also be transferred,

and

(b)
any local authority to which the functions are transferred may determine

the policies to deliver the objectives of the function, having regard to the

authority’s own community strategy.

(5)
At least once in every calendar year the Secretary of State must publish a report

listing all decisions taken by him pursuant to this section and containing the

reasons for those decisions.’.

Report Stage Proceedings: 15th June 2007
352

Sustainable Communities Bill, continued

Proposals by local authorities

Mr Phil Woolas

Added  NC1

To move the following Clause:—

‘(1)
The Secretary of State must invite local authorities to make proposals which they

consider would contribute to promoting the sustainability of local communities.

(2)
Without prejudice to the generality of subsection (1), a proposal may include a

request for a transfer of functions from one person to another.

(3)
A local authority may not include a request under subsection (2) unless it has

consulted—

(a)
the person whose functions it relates to, and

(b)
the person to whom the local authority considers the functions should be

transferred.

(4)
A local authority must have regard to the matters specified in the Schedule before

making a proposal.

(5)
The Secretary of State must issue the first invitation under this section within the

period of one year beginning with the day on which this Act is passed.’.

Decision on short-list

Mr Phil Woolas

Read a second time  NC2

To move the following Clause:—

‘(1)
Before inviting proposals under section [Proposals by local authorities], the

Secretary of State must appoint a person (the “selector”) to consider the proposals

and, in co-operation with the Secretary of State, draw up a short-list of proposals

in accordance with regulations under section [Proposals: regulations].
5
(2)
The selector must be a person who represents the interests of local authorities.

(3)
On receiving the short-list from the selector, the Secretary of State must decide

which, if any, of the proposals on the short-list should be implemented.

(4)
Before making a decision under subsection (3) the Secretary of State must consult

the selector and try to reach agreement.’.

As an Amendment to Mr Phil Woolas’ proposed New Clause (Decision on short-list)

(NC2):—

Mr Nick Hurd

Mr David Drew

Agreed to  (a)

Line  7,  leave out ‘if any’.

Clause, as amended, added.

Report Stage Proceedings: 15th June 2007
353

Sustainable Communities Bill, continued

Action plans

Mr Phil Woolas

Added  NC3

To move the following Clause:—

‘(1)
The Secretary of State must publish—

(a)
the decision under section [Decision on short-list](3) and the reasons for

it, and

(b)
with the decision, a statement of the action the Secretary of State

proposes to take with a view to the implementation of any proposal.

(2)
A statement published under subsection (1)(b) is referred to in this section as an

action plan.

(3)
The Secretary of State must publish and lay before Parliament a report, describing

the progress which has been made in relation to any action plan, within the period

of one year following the publication of the action plan and at intervals of not

more than one year thereafter.

(4)
Subsection (3) does not apply in relation to an action plan if the action plan has

been implemented.’.

Proposals: regulations

Mr Phil Woolas

Read a second time  NC4

To move the following Clause:—

‘(1)
The Secretary of State must make regulations about the procedure to be followed

in relation to proposals under section [Proposals by local authorities].

(2)
Before making regulations the Secretary of State must consult—

(a)
the selector, and
5
(b)
such other persons who represent the interests of local authorities as the

Secretary of State thinks fit.

(3)
Regulations may, in particular—

(a)
specify, or authorise the selector to specify, steps to be taken by a local

authority before making proposals;
10
(b)
specify steps to be taken by the selector in considering the proposals and

drawing up a short-list;

(c)
require the selector to prepare, and give to the Secretary of State, a report

on the proposals.

(4)
Regulations must—
15
(a)
require a local authority, before making any proposal under section

[Proposals by local authorities], either—

(i)
to establish a panel of representatives of local persons and

consult it about the proposal, or

(ii)
to consult representatives of local persons in accordance with
20
another enactment mentioned in the regulations (and an

enactment that has not yet come into force for other purposes is

deemed to have come into force for the purposes of the

regulations),

Report Stage Proceedings: 15th June 2007
354

Sustainable Communities Bill, continued

(b)
require a local authority to try to reach agreement about proposals with
25
the panel or other persons consulted under paragraph (a), and

(c)
require a local authority to have regard to any guidance issued under

subsection (5).

(5)
The Secretary of State must issue guidance to local authorities about making

proposals, which—
30
(a)
must include guidance about the inclusion among representatives of local

persons (for the purposes of subsection (4)(a)(i) or (ii)) of persons from

under-represented groups,

(b)
may include other guidance about establishing and consulting a panel of

representatives of local persons, and
35
(6)
Before issuing or revising guidance under subsection (5) the Secretary of State

must consult—

(a)
local authorities, or

(b)
persons who represent the interests of local authorities.

(7)
For the purposes of subsection (2) or (6) any consultation undertaken before the
40
day on which this Act is passed is as effective as it would have been if undertaken

after that day.

(8)
In this section—

“local person” means, in relation to a proposal by a local authority under

section [Proposals by local authorities], a person who is likely to be
45
affected by, or interested in, the proposal;

“panel” means a panel constituted in accordance with regulations;

“representative” means, in relation to local persons, a person who appears

to the local authority to be representative of the local persons;

“under-represented groups” has the meaning given by regulations.
50
(9)
Regulations under this section—

(a)
must be made by statutory instrument, and

(b)
are subject to annulment in pursuance of a resolution of either House of

Parliament.’.

As Amendments to Mr Phil Woolas’ proposed New Clause (Proposals: regulations)

(NC4):—

Mr Nick Hurd

Mr David Drew

Agreed to  (a)

Line  17,  after ‘establish’, insert ‘or recognise’.

Mr Greg Knight

Philip Davies

Not called  (b)

Line  17,  after ‘persons’, insert ‘, including representatives of road users and

motoring groups,’.

Report Stage Proceedings: 15th June 2007
355

Sustainable Communities Bill, continued

Mr Nick Hurd

Mr David Drew

Agreed to  (c)

Line  19,  leave out sub-paragraph (ii).

Clause, as amended, added.

Sustainable community strategies

Mr Phil Woolas

Added  NC5

To move the following Clause:—

‘(1)
In each of the enactments mentioned in subsection (2) for “community strategy”

substitute “sustainable community strategy”.

(2)
Those enactments are—

(a)
section 4(1), (2) and (3) of the Local Government Act 2000 (c. 22), and

(b)
section 19(2)(f), (2)(g) and (7) of the Planning and Compulsory Purchase

Act 2004 (c. 5) (local development documents).

(3)
In section 4(5) of the Local Government Act 2000 (c. 22) (Wales) at end insert “,

and as if for “sustainable community strategy” there were substituted

“community strategy”.”

(4)
The Secretary of State may by regulations amend any other enactment, whenever

passed or made, to convert a reference to a “community strategy” to a reference

to a “sustainable community strategy”.

(5)
Regulations under subsection (3)—

(a)
may amend an enactment only in so far as the enactment applies in

relation to England,

(b)
must be made by statutory instrument, and

(c)
are subject to annulment in pursuance of a resolution of either House of

Parliament.’.

Mr Phil Woolas

Agreed to  1

Page  1,  line  4  [Clause  1],  leave out from ‘Act’ to end and insert ‘references to

promoting the sustainability of local communities, in relation to a local authority, are

references to’.

Mr Phil Woolas

Agreed to  2

Page  1,  line  6  [Clause  1],  leave out ‘an area’ and insert ‘the authority’s area, or part

of its area’.

Mr Phil Woolas

Agreed to  3

Page  1,  line  9  [Clause  1],  leave out ‘principal councils’ and insert ‘local

Report Stage Proceedings: 15th June 2007
356

Sustainable Communities Bill, continued

authorities’.

Mr Phil Woolas

Agreed to  4

Page  2,  line  1,  leave out Clause 2.

Mr Phil Woolas

Not called  5

Page  2,  line  2  [Clause  2],  leave out ‘principal councils’ and insert ‘local

authorities’.

Mr Phil Woolas

Not called  6

Page  2,  line  8  [Clause  2],  leave out ‘principal councils’ and insert ‘local

authorities’.

Mr Phil Woolas

Not called  7

Page  2,  line  13  [Clause  2],  leave out ‘principal councils’ and insert ‘local

authorities’.

Mr Phil Woolas

Not called  8

Page  2,  line  25  [Clause  2],  leave out ‘principal councils’ and insert ‘local

authorities’.

Mr Phil Woolas

Not called  9

Page  2,  line  42  [Clause  2],  leave out ‘principal councils’ and insert ‘local

authorities’.

Mr Phil Woolas

Agreed to  10

Page  3,  line  4,  leave out Clause 3.

Mr Phil Woolas

Not called  11

Page  3,  line  5  [Clause  3],  leave out ‘principal council’ and insert ‘local authority’.

Mr Phil Woolas

Not called  12

Page  3,  line  10  [Clause  3],  leave out ‘principal council’s’ and insert ‘local

authority’s’.

Report Stage Proceedings: 15th June 2007
357

Sustainable Communities Bill, continued

Mr Phil Woolas

Not called  13

Page  3,  line  12  [Clause  3],  leave out ‘or community’.

Mr Phil Woolas

Not called  14

Page  3,  line  17  [Clause  3],  leave out ‘council’s’ and insert ‘authority’s’.

Mr Phil Woolas

Not called  15

Page  3,  line  28  [Clause  3],  leave out ‘principal council’ and insert ‘local authority’.

Mr Phil Woolas

Not called  16

Page  3,  line  34  [Clause  3],  leave out ‘council’ and insert ‘authority’.

Mr Phil Woolas

Not called  17

Page  3,  line  37  [Clause  3],  leave out ‘council’s’ and insert ‘authority’s’.

Mr Phil Woolas

Not called  18

Page  3,  line  41  [Clause  3],  leave out ‘principal council’ and insert ‘local authority’.

Mr Phil Woolas

Not called  19

Page  3,  line  42  [Clause  3],  leave out ‘or community’.

Mr Phil Woolas

Not called  20

Page  3,  line  44  [Clause  3],  leave out ‘principal council’ and insert ‘local authority’.

Mr Phil Woolas

Agreed to  21

Page  4,  line  10  [Clause  4],  leave out ‘principal council’ and insert ‘local authority’.

Mr Phil Woolas

Agreed to  22

Page  4,  line  21  [Clause  4],  at end insert—

‘( )
The Secretary of State must make the first arrangements under this section within

the period of 18 months beginning with the day on which this Act is passed.’

Mr Phil Woolas

Agreed to  23

Page  4,  line  26  [Clause  4],  leave out ‘commencement of that subsection’ and insert

‘day on which this Act is passed’.