Local Democracy, Economic Development and Construction Bill [HL]

House of Commons

Session 2008 - 09
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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