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Report Stage Proceedings: 13 October 2009                

418

 

Local Democracy, Economic Development and-[ [], continued

 
 

Referendums

 

Graham Stringer

 

Not called  NC10

 

To move the following Clause:—

 

‘(1)    

A principal local authority must provide a facility for the holding of

 

referendums—

 

(a)    

in electronic form, or

 

(b)    

in such other manner as the authority considers appropriate.

 

(2)    

A principal local authority must give reasons for not granting a request to use the

 

facility provided by it under this section for the holding of a referendum.

 

(3)    

A principal local authority must make a scheme (a “referendum scheme”) for the

 

holding of a referendum.

 

(4)    

A referendum scheme must be approved at a meeting of the authority before it

 

comes into force.

 

(5)    

A principal local authority must publish its referendum scheme—

 

(a)    

on its website, and

 

(b)    

in such other manner as the authority considers appropriate for bringing

 

the scheme to the attention of persons who live, work or study in its area.

 

(6)    

A principal local authority may at any time revise its referendum scheme (and

 

subsections (3) and (4) apply in relation to any scheme which is revised under this

 

subsection).

 

(7)    

A principal local authority must comply with its referendum scheme.

 

(8)    

Subject to that, nothing in this Chapter affects the powers or duties of a principal

 

local authority in relation to any referendum held.’.

 


 

Penalties

 

Graham Stringer

 

Not called  NC11

 

To move the following Clause:—

 

‘(1)    

A principal local authority commits an offence by failing to comply with a duty

 

imposed on it by virtue of Chapter 1 or 2 of Part 1.

 

(2)    

A principal local authority found guilty of an offence under subsection (1) is

 

liable on summary conviction to a fine not exceeding £100,000.’.

 



 
 

Report Stage Proceedings: 13 October 2009                

419

 

Local Democracy, Economic Development and-[ [], continued

 
 

Local Spending Reports

 

Mr David Drew

 

Julia Goldsworthy

 

Mr Nick Hurd

 

John Austin

 

Sandra Gidley

 

Mr Oliver Letwin

 

Negatived on division  NC13

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must as soon as practicable but not less than 12 months

 

after the passing of this Act produce and publish a Local Spending Report.

 

(2)    

The reports must cover—

 

(a)    

all government departments, and

 

(b)    

any other person exercising public functions.

 

(3)    

The reports must include—

 

(a)    

all public expenditure for each local authority area in so far as it is

 

possible to define it, and

 

(b)    

both current and proposed future spending.

 

(4)    

Local spending reports shall be updated as frequently as is reasonably practicable

 

but in any event at least once every two years.

 

(5)    

The first report under this section must be laid before Parliament no later than 12

 

months after this Act is passed.

 

(6)    

In this section the term “Local Spending Report” has the same meaning as in the

 

Sustainable Communities Act 2007 (c. 23).’.

 


 

Democratic arrangements within sustainable communities

 

Mr David Drew

 

Julia Goldsworthy

 

Mr Nick Hurd

 

John Austin

 

Sandra Gidley

 

Mr Oliver Letwin

 

Not called  NC14

 

To move the following Clause:—

 

‘(1)    

The Sustainable Communities Act 2007 (c. 23) (“the Act of 2007”) is amended

 

as follows.

 

(2)    

After section 3 insert—

 

“3A    

Proposals made by the selector

 

(1)    

The first short list of proposals drawn up by the selector subsequent to the

 

passing of this Act may contain as many proposals as the selector thinks

 

it is reasonably practicable to deal with provided that he has sufficient

 

proposals from local authorities.


 
 

Report Stage Proceedings: 13 October 2009                

420

 

Local Democracy, Economic Development and-[ [], continued

 
 

(2)    

After that first short list of proposals has been submitted the selector may

 

submit such further proposals as in his opinion it is reasonably

 

practicable to deal with.

 

(3)    

The selector must, provided that he has sufficient proposals from local

 

authorities, ensure that there is always a rolling set of proposals being

 

considered by the Secretary of State.

 

(4)    

The selector must publish his reasons for rejecting any proposals from

 

local authorities.”.

 

(3)    

In section 5 (proposals: regulations) after paragraph (4)(a) insert—

 

“(b)    

the panel must, subject to subsection (4)(c), include

 

representatives of parish councils in a local authority’s area,

 

(c)    

a local authority that has established or recognised such a panel

 

shall select representatives of parish councils to be members of

 

any such panel unless—

 

(i)    

the parish councils within its area have selected at least

 

two members to serve on the panel within six months of

 

the coming into force of this Act; or

 

(ii)    

there are no parish councils within the authority’s area.”.

 

(4)    

In section 2 (proposals by local authorities) after subsection (1) insert—

 

“(2)    

For the purpose of making proposals to the Secretary of State where there

 

is in the opinion of the Secretary of State a viable county association of

 

parish councils then he must recognise that association for that purpose.

 

(3)    

Where the Secretary of State has recognised a county association

 

pursuant to subsection (2) he must invite that association to make

 

proposals which it considers would contribute to promoting the

 

sustainability of local communities and, in such a case, sections 2-5 shall

 

apply.

 

(4)    

Before it makes any proposals a recognised county association must

 

consult and try to reach agreement with parish councils in its area about

 

those proposals.

 

(5)    

Where a local authority has not decided to make proposals to the

 

Secretary of State then provided that at least five per cent. of electors in

 

its area have signed and delivered a petition to the offices of the authority

 

specifying that the authority must make proposals then the authority shall

 

organise a referendum of all electors on the matter in that petition.

 

(6)    

If in that referendum a majority of those voting support the petition then

 

the authority must within 12 months make proposals and in such a case

 

the provisions of this Act or the Act of 2007 shall apply.

 

(7)    

The Secretary of State must within 12 months of the passing of this Act

 

make regulations about the drawing up and presentation of petitions and

 

the holding of referendums under this Act..”’.

 



 
 

Report Stage Proceedings: 13 October 2009                

421

 

Local Democracy, Economic Development and-[ [], continued

 
 

Delegation by regional development agencies

 

Mr Paul Goodman

 

Mr Stewart Jackson

 

Mr Philip Dunne

 

Not called  NC15

 

To move the following Clause:—

 

‘(1)    

The Regional Development Agencies Act 1998 (c. 45) is amended as follows.

 

(2)    

After section 6A (delegation of functions to the Mayor of London and the London

 

Development Agency) insert—

 

“6B    

Delegation of functions and funding by regional development agencies

 

(1)    

The Secretary of State shall make proposals in consultation with the

 

regional development agencies within six months of the coming into

 

force of this section for a scheme of delegation for the discharge of their

 

functions to a local authority within their area, or jointly by a group of

 

local authorities within their area.

 

(2)    

For the purposes of this section, a “function” shall include—

 

(a)    

part of a function or any function which is exercisable only in

 

relation to part of the area of a local authority;

 

(b)    

the determination and allocation of funding or any expenditure

 

programme to other persons or bodies, whether by grant, loan or

 

other means;

 

(c)    

the transfer to one or more local authorities, or to a partnership

 

of one or more such authorities with one or more other persons

 

or bodies of funds for the purposes of implementing a

 

programme of investment in pursuance of the social, economic

 

and environmental wellbeing of the area.

 

(3)    

The scheme of delegation shall apply to the functions of all or any of the

 

regional development agencies as the Secretary of State considers

 

appropriate following consultation with relevant local authorities in the

 

area.

 

(4)    

The scheme shall be implemented no later than two years from the

 

coming into force of this section.

 

(5)    

Two or more local authorities to which any function has been delegated

 

under this section may arrange for it to be discharged by them jointly or

 

in accordance with any executive arrangements agreed by them from

 

time to time.”’.

 


 

Power of general competence

 

Mr Paul Goodman

 

Mr Stewart Jackson

 

Mr Philip Dunne

 

Not called  NC16

 

To move the following Clause:—


 
 

Report Stage Proceedings: 13 October 2009                

422

 

Local Democracy, Economic Development and-[ [], continued

 
 

‘(1)    

The Local Government Act 2000 (c. 29) is amended as follows.

 

(2)    

For subsection 2(1) substitute—

 

“2  (1)  

Every local authority has full powers and capacity to carry on or

 

undertake any activity or business, do any act, or enter into any

 

transaction with full rights, powers and privileges for so doing.”.

 

(3)    

For subsection 2(2) substitute—

 

  “(2)  

Subsection (1) applies subject to—

 

(a)    

this Act;

 

(b)    

any other enactment; and

 

(c)    

the general law.”.

 

(4)    

For subsection 2(5) substitute—

 

  “(5)  

The powers under subsection (1) may be exercised in relation to or for

 

the benefit of—

 

(a)    

the whole or any part of the local authority area; or

 

(b)    

all or any persons resident or present in a local authority’s

 

area; or

 

(c)    

any person or area situated outside the local authority’s area if

 

they consider that it is likely to benefit their area or persons

 

resident there.”’.

 


 

Abolition of the Standards Board for England and the Adjudication Panel for England

 

Mr Paul Goodman

 

Mr Stewart Jackson

 

Mr Philip Dunne

 

Not called  NC17

 

To move the following Clause:—

 

‘(1)    

The Standards Board for England and the Adjudication Panel for England shall

 

be abolished.

 

(2)    

Sections 57, 57D, 58, 59, 60, 61, 62, 63, 64, 65, 65A, 66A, 66B, 66C, 67(1),

 

75(1), (3), (4), (7), (9), (11), 78A, 78B and Schedule 4 of the Local Government

 

Act 2000 (c. 22) shall cease to have effect.

 

(3)    

The Secretary of State may also by order make transitional or consequential

 

provisions (including by amendment of the Local Government Act 2000) as are

 

necessary due to the abolition of the Standards Board for England and the

 

Adjudication Panel for England.

 

(4)    

Any order under subsection (3) must be made by statutory instrument.

 

(5)    

A statutory instrument containing an order under this section may not be made

 

unless a draft of the instrument has been laid before, and approved by a resolution

 

of, each House of Parliament.’.

 



 
 

Report Stage Proceedings: 13 October 2009                

423

 

Local Democracy, Economic Development and-[ [], continued

 
 

Abolition of comprehensive area assessments

 

Mr Paul Goodman

 

Mr Stewart Jackson

 

Mr Philip Dunne

 

Not called  NC18

 

To move the following Clause:—

 

‘(1)    

Sections 99 and 100 of the Local Government Act 2003 (c. 26) shall cease to have

 

effect.’.

 


 

Mr Paul Goodman

 

Mr Stewart Jackson

 

Mr Philip Dunne

 

Not called  24

 

Page  2,  line  19  [Clause  1],  at end insert—

 

‘(4)    

This Chapter shall not come into force until 1 July 2011.’.

 


 

Mr Paul Goodman

 

Mr Stewart Jackson

 

Mr Philip Dunne

 

Not called  25

 

Page  7,  line  10  [Clause  10],  at end insert—

 

‘(5)    

This Chapter shall not come into force until 1 July 2011.’.

 


 

Mr Paul Goodman

 

Mr Stewart Jackson

 

Mr Philip Dunne

 

Not called  26

 

Page  16,  line  9  [Clause  23],  at end insert—

 

‘(9)    

This Chapter shall not come into force until 1 July 2011.’.

 


 

Mr Paul Goodman

 

Mr Stewart Jackson

 

Mr Philip Dunne

 

Negatived on division  27

 

Page  50,  line  8  [Clause  66],  at end insert—

 

‘( )    

When conducting an assessment under this part, a principal local authority must

 

consider the impact on the social, environmental and economic wellbeing of the

 

authority’s area, including in particular where applicable (but not limited to) the

 

effect on ports, caused by non-domestic rating revaluations.’.


 
 

Report Stage Proceedings: 13 October 2009                

424

 

Local Democracy, Economic Development and-[ [], continued

 
 

Joan Walley

 

Mr Tim Yeo

 

Martin Horwood

 

Chris McCafferty

 

David Taylor

 

Jim Cousins

 

Not called  12

 

Page  50,  line  15  [Clause  67],  leave out ‘economic’.

 

Joan Walley

 

Mr Tim Yeo

 

Martin Horwood

 

Chris McCafferty

 

David Taylor

 

Jim Cousins

 

Not called  13

 

Page  50,  line  20  [Clause  67],  at end insert ‘and policies that seek to protect and

 

enhance the environment, including biodiversity, natural resources and landscape.’.

 

Joan Walley

 

Mr Tim Yeo

 

Martin Horwood

 

Chris McCafferty

 

David Taylor

 

Jim Cousins

 

Not called  14

 

Page  50,  line  35  [Clause  67],  at end add—

 

‘(9)    

In subsection (2)(a) “sustainable growth” means economic growth that can be

 

sustained and is within environmental limits but also enhances the environment

 

and social welfare and avoids greater extremes in future economic cycles.’.

 


 

Mr David Drew

 

David Taylor

 

Not called  2

 

Page  52,  line  11  [Clause  70],  at end insert—

 

‘(3)    

The responsible regional authorities shall establish and support a body whose

 

purpose shall be to promote and scrutinise the achievement of sustainable

 

development in their region.

 

(4)    

For the purpose of subsection (1) the responsible regional authorities in relation

 

to a region and the Secretary of State must have regard to the advice of the body

 

established under subsection (3).’.

 


 

Mr David Drew

 

David Taylor

 

Not called  3

 

Page  53,  line  2  [Clause  72],  at end insert—

 

‘(4)    

The public shall be given an early and effective opportunity within appropriate

 

timeframes to express their opinion on—


 
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