Local Democracy, Economic Development and Construction Bill [HL]

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Session 2008 - 09
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Local Democracy, Economic Development and Construction Bill [HL]

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 4 — Boundary and electoral change: amendments
109

      (3)
In subsection (2), for “Electoral Commission” substitute “Local Government
Boundary Commission”.
24    (1)
Section 43 (Electoral Commission to consider whether electoral review is
necessary) is amended as follows.
      (2)
In the heading, for “Electoral Commission” substitute “Local Government
5
Boundary Commission”.
      (3)
In subsection (1), for “Electoral Commission” substitute “Local Government
Boundary Commission”.
      (4)
In subsection (2), for the words from “the Commission” to “the Boundary
Committee” substitute “the Local Government Boundary Commission must
10
consider whether to exercise its power under section 53(2) of the Local
Democracy, Economic Development and Construction Act 2009”.
      (5)
In subsection (3), for the words from “to direct” to “the Commission”
substitute “to conduct such a review, the Local Government Boundary
Commission”.
15
25    (1)
Section 44 (Electoral Commission to make order for new electoral scheme) is
amended as follows.
      (2)
In the heading, for “Electoral Commission” substitute “Local Government
Boundary Commission”.
      (3)
In subsection (1), for “Electoral Commission” substitute “Local Government
20
Boundary Commission”.
      (4)
For subsection (2) substitute—
“(2)
But the Local Government Boundary Commission must not make
the order—
(a)
before it has decided whether or not conduct an electoral
25
review (see section 43(2)), and
(b)
if it has decided to conduct such a review, before the review
is concluded.”
26
In sections 45(2)(a) (orders for elections by halves) and 47(2)(a) (orders for
elections by thirds), for “Electoral Commission make” substitute “Local
30
Government Boundary Commission makes”.
27    (1)
Section 50 (power to Electoral Commission to make incidental etc provision)
is amended as follows.
      (2)
In the heading, for “Electoral Commission” substitute “Local Government
Boundary Commission”.
35
      (3)
For “Commission” substitute “Local Government Boundary Commission”.
28    (1)
Section 51 (position if Electoral Commission act under existing powers) is
amended as follows.
      (2)
In the heading, for “Electoral Commission” substitute “Local Government
Boundary Commission”.
40
      (3)
For paragraphs (a) and (b) substitute—
“(a)
the Local Government Boundary Commission decides to
conduct an electoral review (see section 43(2)), and

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 4 — Boundary and electoral change: amendments
110

(b)
pursuant to that review the Commission makes
recommendations for electoral changes,”.
      (4)
In the words after paragraph (b), for “section 17 of the Local Government Act
1992 (c. 19)” substitute “section 56 of the Local Democracy, Economic
Development and Construction Act 2009”.
5
29    (1)
Section 52 (publicity for order by Electoral Commission) is amended as
follows.
      (2)
In the heading, for “Electoral Commission” substitute “Local Government
Boundary Commission”.
      (3)
In subsection (1), for “Electoral Commission have” substitute “Local
10
Government Boundary Commission has”.
30    (1)
Section 59 (change of name of electoral area), is amended as follows.
      (2)
In subsections (5), (6)(a) and (7), for “Electoral Commission” substitute
“Local Government Boundary Commission”.
      (3)
In subsection (8)(a), after “Local Government Act 1992 (c. 19)” insert “,
15
section 56 of the Local Democracy, Economic Development and
Construction Act 2009”.
31    (1)
Section 86 (reorganisation of community governance) is amended as
follows.
      (2)
In subsections (2) and (3), for “Electoral Commission” substitute “Local
20
Government Boundary Commission”.
      (3)
In subsection (5), after paragraph (b) insert—
“(ba)
section 56 of the Local Democracy, Economic Development
and Construction Act 2009,”.
      (4)
In subsection (6)(b) after “under” insert “section 56 of the Local Democracy,
25
Economic Development and Construction Act 2009,”.
32
In sections 92(2), (3), (4) and (5) (consequential recommendations), 96(7)(b)
(publicising outcome), 98(1)(b), (2) and (7) (orders and regulations) and
100(2) (guidance), for “Electoral Commission” substitute “Local
Government Boundary Commission”.
30
33
In section 102 (interpretation), in subsection (2), after the definition of “local
government elector” insert—
““Local Government Boundary Commission” means the Local
Government Boundary Commission for England.”
34
In section 240 (orders, regulations and guidance), in subsections (2) and
35
(7)(a), for “Electoral Commission” substitute “Local Government Boundary
Commission for England”.

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 5 — Regional strategy: amendments
111

Schedule 5
Section 82

Regional strategy: amendments
Town and Country Planning Act 1990 (c. 8)
1
The Town and Country Planning Act 1990 is amended as follows.
2     (1)
Section 83 (making of simplified planning zone schemes) is amended as
5
follows.
      (2)
In subsections (1A), (2B) and (4) (as inserted by section 42 of the Planning
and Compulsory Purchase Act 2004 (c. 5)) for “regional spatial strategy”
substitute “regional strategy”.
      (3)
After subsection (4) insert—
10
“(5)
In this section and in Schedule 7 references to a regional strategy are
to a regional strategy under Part 5 of the Local Democracy, Economic
Development and Construction Act 2009”.
3     (1)
In Schedule 1 (local planning authorities: distribution of functions),
paragraph 7 (as substituted by Schedule 6 to the Planning and Compulsory
15
Purchase Act 2004) is amended as follows.
      (2)
In sub-paragraph (2)(a), for “the RPB” substitute “the responsible regional
authorities”.
      (3)
In sub-paragraph (3)—
(a)
in paragraph (a), for “the RSS” substitute “the regional strategy”;
20
(b)
in paragraph (b), for “the RPB has” substitute “the responsible
regional authorities have”.
      (4)
In sub-paragraph (5)(a), for “the RPB gives” substitute “the responsible
regional authorities give”.
      (5)
In sub-paragraph (7)(a), for “the RPB” substitute “the responsible regional
25
authorities”.
      (6)
In sub-paragraph (9)(a)—
(a)
for “the RSS” substitute “the regional strategy”;
(b)
for “section 5(8) of the 2004 Act” substitute “section 75(1) of the Local
Democracy, Economic Development and Construction Act 2009”.
30
      (7)
For sub-paragraph (11) substitute—
   “(11)
In this paragraph “responsible regional authorities”, in relation to
a regional strategy, has the same meaning as in Part 5 of the Local
Democracy, Economic Development and Construction Act 2009.”
4
In Schedule 7 (simplified planning zones), in paragraph 12(1A)(a) (as
35
substituted by section 49(6) of the Planning and Compulsory Purchase Act
2004) for “regional spatial strategy” substitute “regional strategy under Part
5 of the Local Democracy, Economic Development and Construction Act
2009”.
Regional Development Agencies Act 1998 (c. 45)
40
5
The Regional Development Agencies Act 1998 is amended as follows.

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 5 — Regional strategy: amendments
112

6
In section 7B (Secretary of State’s functions in relation to London
Development Agency strategy), for subsection (2) substitute—
“(2)
The issues mentioned in subsection (1)(b) include issues relating to
any one or more of the following—
(a)
Greater London,
5
(b)
any area of England outside Greater London, and
(c)
any part of the United Kingdom outside England.”
7
Omit section 8 (regional consultation).
8
In section 18 (regional accountability), omit subsections (1) and (1A).
Greater London Authority Act 1999 (c. 29)
10
9
The Greater London Authority Act 1999 is amended as follows.
10
In section 342 (matters to which Mayor to have regard), in subsection (1)(a)
(as substituted by Schedule 7 to the Planning and Compulsory Purchase Act
2004 (c. 5)), for “regional spatial strategy” substitute “regional strategy
under Part 5 of the Local Democracy, Economic Development and
15
Construction Act 2009”.
11
In Schedule 10 (Transport for London), in paragraph 2(3A), for “regional
planning body”, substitute “responsible regional authorities (within the
meaning of Part 5 of the Local Democracy, Economic Development and
Construction Act 2009)”.
20
Planning and Compulsory Purchase Act 2004 (c. 5)
12
The Planning and Compulsory Purchase Act 2004 is amended as follows.
13
Omit sections 1 to 12 (regional functions).
14
In section 19 (preparation of local development documents), in subsections
(2)(b) and (d), for “the RSS” substitute “the regional strategy”.
25
15    (1)
Section 24 (conformity with regional strategy) is amended as follows.
      (2)
In subsection (1)(a), for “the RSS” substitute “the regional strategy”.
      (3)
Omit subsections (2) and (3).
      (4)
In subsection (5), for the words from “subsection (2)” to the end substitute
“subsection (4), the Mayor may give an opinion as to the general conformity
30
of a local development document with the spatial development strategy”.
      (5)
Omit subsections (6), (8) and (9).
16
In section 28 (joint local development documents), in subsection (4), for “the
RSS”, in both places, substitute “regional strategy”.
17
In section 37 (interpretation), for subsection (6) substitute—
35
“(6)
“Regional strategy” means a regional strategy under Part 5 of the
Local Democracy, Economic Development and Construction Act
2009.

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 6 — EPBs and combined authorities: amendments
113

(6A)
“Responsible regional authorities” is to be construed in accordance
with Part 5 of the Local Democracy, Economic Development and
Construction Act 2009.”
18    (1)
Section 39 (sustainable development) is amended as follows.
      (2)
In subsection (1)—
5
(a)
omit paragraph (a);
(b)
in paragraph (b), after “Part 2” insert “of this Act”;
(c)
in paragraph (c), after “Part 6” insert “of this Act”.
      (3)
In subsection (3), for “subsection (1)(a) and (b)” substitute “subsection
(1)(b)”.
10
19    (1)
Section 113 (validity of strategies etc) is amended as follows.
      (2)
In subsection (1)(a), for “the regional spatial strategy” substitute “the
regional strategy”.
      (3)
In subsection (9), for paragraph (a) substitute—
“(a)
Part 5 of the Local Democracy, Economic Development and
15
Construction Act 2009 in the case of a revision of the regional
strategy;”.
      (4)
In subsection (11), for paragraph (a) substitute—
“(a)
for the purposes of a revision of the regional strategy, the
date when the revision is published by the Secretary of State
20
under Part 5 of Local Democracy, Economic Development
and Construction Act 2009;”.
      (5)
After subsection (11) insert—
“(12)
In this section references to a revision of the regional strategy include
a revised strategy under section 76 of the Local Democracy,
25
Economic Development and Construction Act 2009.”
Schedule 6
Section 116

EPBs and combined authorities: amendments
Landlord and Tenant Act 1954 (c. 56)
1
In section 69(1) of the Landlord and Tenant Act 1954 (interpretation), in the
30
definition of “local authority”, for the words from “or a joint authority” to the
end substitute “, a joint authority established by Part 4 of the Local
Government Act 1985, an economic prosperity board established under
section 85 of the Local Democracy, Economic Development and
Construction Act 2009 or a combined authority established under section
35
100 of that Act;”.
Trustee Investments Act 1961 (c. 62)
2
In section 11(4)(a) of the Trustee Investments Act 1961 (local authority
investment schemes), after “Local Government Act 1985,” insert “an
economic prosperity board established under section 85 of the Local
40

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 6 — EPBs and combined authorities: amendments
114

Democracy, Economic Development and Construction Act 2009, a combined
authority established under section 100 of that Act,”.
Local Government (Records) Act 1962 (c. 56)
3     (1)
The Local Government (Records) Act 1962 is amended as follows.
      (2)
In section 2(6) (acquisition and deposit of records), after “(waste regulation
5
and disposal authorities)” insert “, to an economic prosperity board
established under section 85 of the Local Democracy, Economic
Development and Construction Act 2009, to a combined authority
established under section 100 of that Act”.
      (3)
In section 8(1) (interpretation), in the definition of “local authority”, after
10
“(waste regulation and disposal authorities),” insert “or an economic
prosperity board established under section 85 of the Local Democracy,
Economic Development and Construction Act 2009 or a combined authority
established under section 100 of that Act”.
Local Government Act 1966 (c. 42)
15
4
In section 11(2) of the Local Government Act 1966 (grants for certain
expenditure due to ethnic minority population), for the words from “and a
joint authority” to the end substitute “, a joint authority established by Part
4 of the Local Government Act 1985, an economic prosperity board
established under section 85 of the Local Democracy, Economic
20
Development and Construction Act 2009 and a combined authority
established under section 100 of that Act as it applies to a local authority.”
Leasehold Reform Act 1967 (c. 88)
5
In section 28(5)(a) of the Leasehold Reform Act 1967 (retention or
resumption of land required for public purposes), after “Local Government
25
Act 1985,” insert “any economic prosperity board established under section
85 of the Local Democracy, Economic Development and Construction Act
2009, any combined authority established under section 100 of that Act,”.
Transport Act 1968 (c. 73)
6
In section 56(6) of the Transport Act 1968 (assistance towards capital
30
expenditure on public transport facilities), after paragraph (bb) insert—
“(bc)
a combined authority established under section 100 of the
Local Democracy, Economic Development and Construction
Act 2009;”.
Local Government Grants (Social Need) Act 1969 (c. 2)
35
7
In section 1(3) of the Local Government Grants (Social Need) Act 1969
(provision for grants), for the words from “and a joint authority” to the end
substitute “, a joint authority established by Part 4 of the Local Government
Act 1985, an economic prosperity board established under section 85 of the
Local Democracy, Economic Development and Construction Act 2009 and a
40
combined authority established under section 100 of that Act.”

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 6 — EPBs and combined authorities: amendments
115

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
8
In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act
1969 (employers exempted from insurance), after “Local Government Act
1985,” insert “an economic prosperity board established under section 85 of
the Local Democracy, Economic Development and Construction Act 2009, a
5
combined authority established under section 100 of that Act,”.
Local Authorities (Goods and Services) Act 1970 (c. 39)
9
In section 1(4) of the Local Authorities (Goods and Services) Act 1970
(supply of goods and services by local authorities), in the definition of “local
authority”, after “Local Government Act 1985,” insert “any economic
10
prosperity board established under section 85 of the Local Democracy,
Economic Development and Construction Act 2009, any combined authority
established under section 100 of that Act,”.
Local Government Act 1972 (c. 70)
10
The Local Government Act 1972 is amended as follows.
15
11
In section 70 (restriction on promotion of Bills for changing local
government areas), in subsections (1) and (3), after “joint authority” insert “,
economic prosperity board, combined authority”.
12
In section 80(2)(b) (disqualifications for election and holding office as
member of local authority), after “joint authority,” insert “economic
20
prosperity board, combined authority,”.
13
In section 85(4) (vacation of office by failure to attend meetings), after “joint
authority” insert “, an economic prosperity board, a combined authority”.
14
In section 86(2) (declaration by local authority of vacancy in office), after
“joint authority” insert “, an economic prosperity board, a combined
25
authority”.
15
In section 92(7) (proceedings for disqualification)—
(a)
after “includes a joint authority” insert “, an economic prosperity
board and a combined authority”;
(b)
after “in relation to a joint authority” insert “, an economic prosperity
30
board or a combined authority”.
16
In section 98(1A) (interpretation of sections 95 and 97), after “joint
authority,” insert “an economic prosperity board, a combined authority,”.
17
In section 99 (meetings and proceedings of local authorities), after “joint
authorities,” insert “economic prosperity boards, combined authorities,”.
35
18
In section 100J (application of Part 5A to new authorities)—
(a)
in subsection (1), after paragraph (bb) insert—
“(bc)
an economic prosperity board;
(bd)
a combined authority;”;
(b)
in subsection (2), in the words following paragraph (b), after “(bb)”
40
insert “, (bc), (bd)”;
(c)
in subsection (3), after “(bb),” insert “(bc), (bd),”;