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Local Democracy, Economic Development and Construction Bill [HL]


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

116

 

(d)   

in subsection (4)(a), after “joint waste authority” insert “, an

economic prosperity board, a combined authority”.

19         

In section 101(13) (arrangements for discharge of functions by local

authorities), after “police authority,” insert “an economic prosperity board,

a combined authority,”.

5

20         

In section 142(1B) (provision of information etc relating to matters affecting

local government), after “the Local Government Act 1985” insert “, an

economic prosperity board, a combined authority”.

21    (1)  

Section 146A (application of provisions of Part 7 to joint authorities etc) is

amended as follows.

10

      (2)  

In subsection (1), in the opening words—

(a)   

for “subsection (1A)” substitute “subsections (1ZA), (1ZB) and (1A)”;

(b)   

after “joint authority,” insert “an economic prosperity board, a

combined authority,”.

      (3)  

After that subsection insert—

15

“(1ZA)   

In its application by virtue of subsection (1) to an economic

prosperity board, section 111 has effect as if it did not permit the

borrowing of money.

(1ZB)   

In its application by virtue of subsection (1) to a combined authority,

section 111 has effect as if it permitted the borrowing of money for

20

the purposes of the exercise by the authority of its transport

functions only.”

22         

In section 175(3B) (allowances for attending conferences and meetings), after

“joint waste authority” insert “, an economic prosperity board, a combined

authority”.

25

23         

In section 176(3) (payment of expenses of official and courtesy visits), after

“joint authority,” insert “an economic prosperity board, a combined

authority,”.

24         

In section 223(2) (appearance of local authorities in legal proceedings), after

“joint authority,” insert “an economic prosperity board, a combined

30

authority,”.

25         

In section 224(2) (arrangements by principal councils for custody of

documents), after “joint authority” insert “, economic prosperity board,

combined authority”.

26         

In section 225(3) (deposit of documents with proper officer of authority etc),

35

after “joint authority” insert “, an economic prosperity board, a combined

authority”.

27         

In section 228(7A) (inspection of documents), after “joint authority” insert “,

an economic prosperity board, a combined authority”.

28         

In section 229(8) (photographic copies of documents), after “joint authority,”

40

insert “an economic prosperity board, a combined authority,”.

29         

In section 230(2) (reports and returns), after “joint authority” insert “, an

economic prosperity board, a combined authority”.

 
 

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

117

 

30         

In section 231(4) (service of notices on local authorities), after “joint

authority,” insert “an economic prosperity board, a combined authority,”.

31         

In section 232(1A) (public notices), after “joint authority,” insert “an

economic prosperity board, a combined authority,”.

32         

In section 233(11) (service of notices by local authorities), after “joint

5

authority,” insert “an economic prosperity board, a combined authority,”.

33         

In section 234(4) (authentication of documents), after “joint authority,” insert

“an economic prosperity board, a combined authority,”.

34         

In section 236(1) (procedure etc for byelaws), for “or an Integrated Transport

Authority for an integrated transport area in England” substitute “, an

10

Integrated Transport Authority for an integrated transport area in England

or a combined authority”.

35         

In section 236B(1) (power to revoke byelaws), after paragraph (d) insert “;

(e)   

a combined authority.”

36         

In section 238 (evidence of byelaws), in the opening words, for “or an

15

Integrated Transport Authority for an integrated transport area in England”

substitute “, an Integrated Transport Authority for an integrated transport

area in England or a combined authority”.

37         

In section 239(4A) (power to promote or oppose local or personal Bills), after

“joint authority” insert “, an economic prosperity board, a combined

20

authority”.

38         

In section 270(1) (general provisions as to interpretation), at the appropriate

places insert—

““combined authority” means a combined authority established

under section 100 of the Local Democracy, Economic

25

Development and Construction Act 2009;”;

““economic prosperity board” means an economic prosperity

board established under section 85 of the Local Democracy,

Economic Development and Construction Act 2009;”.

39         

In Schedule 12 (meetings and proceedings of local authorities), in paragraph

30

6A(1) (application of paragraph 1 to joint authorities), after “a joint

authority” insert “, an economic prosperity board, a combined authority”.

Employment Agencies Act 1973 (c. 35)

40         

In section 13(7) of the Employment Agencies Act 1973 (interpretation: where

Act does not apply), after paragraph (fza) insert—

35

“(fzb)   

the exercise by an economic prosperity board established

under section 85 of the Local Democracy, Economic

Development and Construction Act 2009 of any of its

functions;

(fzc)   

the exercise by a combined authority established under

40

section 100 of that Act of any of its functions;”.

Local Government Act 1974 (c. 7)

41    (1)  

The Local Government Act 1974 is amended as follows.

      (2)  

In section 25(1) (authorities subject to investigation), after paragraph (cd)

 
 

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

118

 

insert—

“(ce)   

any economic prosperity board established under section 85

of the Local Democracy, Economic Development and

Construction Act 2009;

(cf)   

any combined authority established under section 100 of that

5

Act;”.

      (3)  

In section 26C (referral of complaints by authorities)—

(a)   

in subsection (6), after paragraph (d) insert—

“(e)   

in relation to an economic prosperity board

established under section 85 of the Local Democracy,

10

Economic Development and Construction Act 2009, a

member of a constituent council of the board;

(f)   

in relation to a combined authority established under

section 100 of that Act, a member of a constituent

council of the authority.”;

15

(b)   

after subsection (6) insert—

“(7)   

For the purposes of subsection (6)(e)—

(a)   

a county council is a constituent council of an

economic prosperity board if the area of the county

council, or part of that area, is within the area of the

20

board;

(b)   

a district council is a constituent council of an

economic prosperity board if the area of the district

council is within the area of the board.

(8)   

For the purposes of subsection (6)(f)—

25

(a)   

a county council is a constituent council of a

combined authority if the area of the county council,

or part of that area, is within the area of the combined

authority;

(b)   

a district council is a constituent council of a

30

combined authority if the area of the district council is

within the area of the combined authority.”

Health and Safety at Work etc Act 1974 (c. 37)

42         

In section 28(6) of the Health and Safety at Work etc Act 1974 (restrictions on

disclosure of information), after “Local Government Act 1985,” insert “an

35

economic prosperity board established under section 85 of the Local

Democracy, Economic Development and Construction Act 2009, a combined

authority established under section 100 of that Act,”.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

43         

In section 44(1) of the Local Government (Miscellaneous Provisions) Act

40

1976 (interpretation etc of Part 1), in the definition of “local authority”—

(a)   

in paragraph (a), 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

combined authority established under section 100 of that Act,”;

45

(b)   

in paragraph (c), after “(joint waste authorities),” insert “an economic

prosperity board established under section 85 of the Local

 
 

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

119

 

Democracy, Economic Development and Construction Act 2009, a

combined authority established under section 100 of that Act,”.

Race Relations Act 1976 (c. 74)

44         

In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other

persons subject to general statutory duty), at the appropriate places under

5

the heading “Other Bodies, Etc” insert—

“An economic prosperity board established under section 85 of

the Local Democracy, Economic Development and

Construction Act 2009.”;

“A combined authority established under section 100 of the

10

Local Democracy, Economic Development and Construction

Act 2009.”

Rent (Agriculture) Act 1976 (c. 80)

45         

In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy

where landlord’s interest belongs to Crown or to local authority, etc), after

15

paragraph (bb) insert—

“(bbza)   

an economic prosperity board established under section 85 of

the Local Democracy, Economic Development and

Construction Act 2009;

(bbzb)   

a combined authority established under section 100 of that

20

Act;”.

Rent Act 1977 (c. 42)

46         

In section 14(1) of the Rent Act 1977 (landlord’s interest belonging to local

authority, etc), after paragraph (cba) insert—

“(cbb)   

an economic prosperity board established under section 85 of

25

the Local Democracy, Economic Development and

Construction Act 2009;

(cbc)   

a combined authority established under section 100 of that

Act;”.

Protection from Eviction Act 1977 (c. 43)

30

47         

In section 3A(8) of the Protection from Eviction Act 1977 (excluded tenancies

and licences), after paragraph (a) insert—

“(aa)   

an economic prosperity board established under section 85 of

the Local Democracy, Economic Development and

Construction Act 2009;

35

(ab)   

a combined authority established under section 100 of that

Act;”.

Local Government, Planning and Land Act 1980 (c. 65)

48         

The Local Government, Planning and Land Act 1980 is amended as follows.

49         

In section 2(1) (duty of authorities to publish information), after paragraph

40

 
 

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

120

 

(kaa) insert—

“(kab)   

an economic prosperity board established under section 85 of

the Local Democracy, Economic Development and

Construction Act 2009;

(kac)   

a combined authority established under section 100 of that

5

Act;”.

50         

In section 98(8A) (disposal of land at direction of Secretary of State), after

paragraph (e) insert—

“(eza)   

an economic prosperity board established under section 85 of

the Local Democracy, Economic Development and

10

Construction Act 2009;

(ezb)   

a combined authority established under section 100 of that

Act;”.

51         

In section 99(4) (directions to dispose of land - supplementary), after

paragraph (db) insert—

15

“(dbza)   

an economic prosperity board established under section 85 of

the Local Democracy, Economic Development and

Construction Act 2009;

(dbzb)   

a combined authority established under section 100 of that

Act;”.

20

52         

In section 100(1)(a) (meaning of “subsidiary”), 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

combined authority established under section 100 of that Act”.

53         

In Schedule 16 (bodies to whom Part 10 applies), after paragraph 5B insert—

25

“5BZA      

An economic prosperity board established under section 85 of the

Local Democracy, Economic Development and Construction Act

2009.

5BZB       

A combined authority established under section 100 of that Act.”

Public Passenger Vehicles Act 1981 (c. 14)

30

54         

In section 4C(4)(e) of the Public Passenger Vehicles Act 1981 (power of

senior traffic commissioner to give guidance and directions), after

“Integrated Transport Authorities” insert “, of combined authorities”.

Acquisition of Land Act 1981 (c. 67)

55         

In section 17(4) of the Acquisition of Land Act 1981 (local authority and

35

statutory undertakers’ land), in paragraph (a) of the definition of “local

authority”, after “Local Government Act 1985” insert “, a combined

authority established under section 100 of the Local Democracy, Economic

Development and Construction Act 2009”.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

40

56    (1)  

The Local Government (Miscellaneous Provisions) Act 1982 is amended as

follows.

 
 

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

121

 

      (2)  

In section 33(9) (enforceability by local authorities of certain covenants

relating to land)—

(a)   

in paragraph (a), 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”;

(b)   

in paragraph (b), after “joint authority” insert “, economic prosperity

board, combined authority”.

      (3)  

In section 41(13) (lost and uncollected property), in the definition of “local

authority”, after paragraph (e) insert—

10

“(eza)   

an economic prosperity board established under section 85 of

the Local Democracy, Economic Development and

Construction Act 2009;

(ezb)   

a combined authority established under section 100 of that

Act;”.

15

Stock Transfer Act 1982 (c. 41)

57         

In paragraph 7(2)(a) of Schedule 1 to the Stock Transfer Act 1982 (specified

securities), 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 combined authority

20

established under section 100 of that Act,”.

County Courts Act 1984 (c. 28)

58         

In section 60(3) of the County Courts Act 1984 (right of audience), in the

definition of “local authority”, after “Local Government Act 1985,” insert “an

economic prosperity board established under section 85 of the Local

25

Democracy, Economic Development and Construction Act 2009, a combined

authority established under section 100 of that Act,”.

Local Government Act 1985 (c. 51)

59         

The Local Government Act 1985 is amended as follows.

60         

In section 72(5) (accounts and audit), after “the London Fire and Emergency

30

Planning Authority” insert “and a combined authority established under

section 100 of the Local Democracy, Economic Development and

Construction Act 2009.”

61    (1)  

Section 73 (financial administration) is amended as follows.

      (2)  

Before “Each new authority” insert “(1)”.

35

      (3)  

After the subsection (1) so formed insert—

“(2)   

The reference in this section to a new authority includes a reference

to a combined authority established under section 100 of the Local

Democracy, Economic Development and Construction Act 2009.”

Transport Act 1985 (c. 67)

40

62         

The Transport Act 1985 is amended as follows.

 
 

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

122

 

63         

In section 27A(7)(b) (additional powers where service not operated as

registered), for “or Integrated Transport Authority” substitute “, Integrated

Transport Authority or combined authority”.

64         

In section 64(1)(a) (consultation with respect to policies as to services), after

“Integrated Transport Authority,” insert “combined authority,”.

5

65         

In section 93(8)(b)(i) (travel concession schemes), after “integrated transport

area” insert “and a combined authority”.

66         

In section 106(4) (grants for transport facilities and services), after paragraph

(a) insert—

“(aa)   

any combined authority;”.

10

67         

In section 137 (general interpretation), after subsection (5) insert—

“(5A)   

References in this Act to a combined authority are references to a

combined authority established under section 100 of the Local

Democracy, Economic Development and Construction Act 2009.”

Housing Act 1985 (c. 68)

15

68    (1)  

Section 4 of the Housing Act 1985 (other descriptions of authority) is

amended as follows.

      (2)  

In subsection (1)(e), after “Local Government Act 1985,” (in both places)

insert “an economic prosperity board, a combined authority,”.

      (3)  

For subsection (2) substitute—

20

“(2)   

In this section—

“combined authority” means a combined authority established

under section 100 of the Local Democracy, Economic

Development and Construction Act 2009;

“economic prosperity board” means an economic prosperity

25

board established under section 85 of that Act;

“joint waste authority” means an authority established for an

area in England by an order under section 207 of the Local

Government and Public Involvement in Health Act 2007.”

Housing Associations Act 1985 (c. 69)

30

69         

In section 106 of the Housing Associations Act 1985 (minor definitions -

general), in the definition of “local authority”—

(a)   

after “the Local Government Act 1985” insert “, an economic

prosperity board established under section 85 of the Local

Democracy, Economic Development and Construction Act 2009, a

35

combined authority established under section 100 of that Act”;

(b)   

after “such a joint authority,” insert “such an economic prosperity

board, such a combined authority,”.

Landlord and Tenant Act 1985 (c. 70)

70         

In section 38 of the Landlord and Tenant Act 1985 (minor definitions), in the

40

definition of “local authority”, after “Local Government Act 1985,” insert “an

economic prosperity board established under section 85 of the Local

 
 

 
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