Local Democracy, Economic Development and Construction Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Local Democracy, Economic Development and Construction Bill [HL]

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 6 — EPBs and combined authorities: amendments
123

Democracy, Economic Development and Construction Act 2009, a combined
authority established under section 100 of that Act,”.
Local Government Act 1986 (c. 10)
71    (1)
The Local Government Act 1986 is amended as follows.
      (2)
In section 6(2)(a) (interpretation and application of Part 2), after the entry for
5
“a joint authority established by Part 4 of the Local Government Act 1985,”
insert—
“an economic prosperity board established under section 85 of
the Local Democracy, Economic Development and
Construction Act 2009,
10
a combined authority established under section 100 of that
Act,”.
      (3)
In section 9(1)(a) (interpretation and application of Part 3), after the entry for
“a joint authority established by Part 4 of the Local Government Act 1985,”
insert—
15
“a combined authority established under section 100 of the
Local Democracy, Economic Development and Construction
Act 2009,”.
Landlord and Tenant Act 1987 (c. 31)
72
In section 58(1)(a) of the Landlord and Tenant Act 1987 (exempt landlords
20
and resident landlords), 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 100 of that Act;”.
25
Local Government Act 1988 (c. 9)
73
In Schedule 2 to the Local Government Act 1988 (public supply or works
contracts: the public authorities), after the entry for “An Integrated
Transport Authority for an integrated transport area in England” insert—
“An economic prosperity board established under section 85 of
30
the Local Democracy, Economic Development and
Construction Act 2009.
A combined authority established under section 100 of that
Act.”
Local Government Finance Act 1988 (c. 41)
35
74
The Local Government Finance Act 1988 is amended as follows.
75
In section 74 (levies), after subsection (7) insert—
“(8)
For the purposes of this section—
(a)
a combined authority established under section 100 of the
Local Democracy, Economic Development and Construction
40
Act 2009 shall be treated as a levying body with respect to
which regulations may be made under subsection (2), and

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 6 — EPBs and combined authorities: amendments
124

(b)
the reference in that subsection to the council concerned shall
be treated as a reference to the combined authority’s
constituent councils.
(9)
For the purposes of subsection (8)—
(a)
a county council is a constituent council of a combined
5
authority if the area of the county council, or part of that area,
is within the authority’s area;
(b)
a district council is a constituent council of a combined
authority if the area of the district council is within the
authority’s area.
10
(10)
Regulations under this section by virtue of subsection (8) may only
make provision in relation to the expenses of a combined authority
that are reasonably attributable to the exercise of its functions
relating to transport.”
76
In section 88B(9) (special grants), after paragraph (b) insert “;
15
(c)
a combined authority established under section 100 of the
Local Democracy, Economic Development and Construction
Act 2009.”
77
In section 111(2) (authorities to which provisions about financial
administration apply), after paragraph (i) insert—
20
“(ia)
an economic prosperity board established under section 85 of
the Local Democracy, Economic Development and
Construction Act 2009,
(ib)
a combined authority established under section 100 of that
Act,”.
25
78
In section 112(2) (authorities to which requirement to make arrangements
for administration of financial affairs applies), after paragraph (b) insert “,
(c)
any economic prosperity board established under section 85
of the Local Democracy, Economic Development and
Construction Act 2009.”
30
Housing Act 1988 (c. 50)
79    (1)
The Housing Act 1988 is amended as follows.
      (2)
In section 74(8) (transfer of land and other property to housing action trusts),
after paragraph (f) insert—
“(fa)
an economic prosperity board established under section 85 of
35
the Local Democracy, Economic Development and
Construction Act 2009;
(fb)
a combined authority established under section 100 of that
Act;”.
      (3)
In paragraph 12(2) of Schedule 1 (local authority tenancies which cannot be
40
assured tenancies), after paragraph (f) (and before the “and” following that
paragraph) insert—
“(fa)
an economic prosperity board established under section 85
of the Local Democracy, Economic Development and
Construction Act 2009;
45
(fb)
a combined authority established under section 100 of that
Act;”.

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 6 — EPBs and combined authorities: amendments
125

Road Traffic Act 1988 (c. 52)
80
In section 144(2)(a)(i) of the Road Traffic Act 1988 (exceptions from
requirement of third-party insurance or security), for the words from “or a
joint authority” to the end substitute “, a joint authority (other than a police
authority) established by Part 4 of the Local Government Act 1985, an
5
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 and Housing Act 1989 (c. 42)
81    (1)
The Local Government and Housing Act 1989 is amended as follows.
10
      (2)
In section 4(6)(a) (authorities to which provisions about designation and
reports of head of paid service apply), after “paragraphs (a) to (e)” insert “,
(ja) and (jb)”.
      (3)
In section 13(9) (voting rights of members of certain committees), in the
definition of “relevant authority”, for “(j)” substitute “(jb)”.
15
      (4)
In section 20(4)(a) (authorities to which duty to adopt certain procedural
standing orders applies), for “(j)” substitute “(jb)”.
      (5)
In section 21(1) (authorities to which provisions about local authority
members, officers, staff and committees apply), after paragraph (j) insert—
“(ja)
an economic prosperity board established under section 85 of
20
the Local Democracy, Economic Development and
Construction Act 2009;
(jb)
a combined authority established under section 100 of that
Act”.
      (6)
In section 152(2) (interpretation of sections 150 and 151), after paragraph (i)
25
insert—
“(iza)
an economic prosperity board established under section 85 of
the Local Democracy, Economic Development and
Construction Act 2009;
(izb)
a combined authority established under section 100 of that
30
Act;”.
      (7)
In section 157(6) (commutation of, and interest on, periodic payments of
grants etc), after paragraph (i) insert—
“(j)
an economic prosperity board established under section 85 of
the Local Democracy, Economic Development and
35
Construction Act 2009; and
(k)
a combined authority established under section 100 of that
Act;”.
      (8)
In Schedule 1 (authorities to which provisions about political balance on
local authority committees etc apply)—
40
(a)
in paragraph 2(1)(a), for “(j)” substitute “(jb)”,
(b)
in paragraph 4(1), in paragraph (a) of the definition of “relevant
authority”, for “(j)” substitute “(jb)”.

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 6 — EPBs and combined authorities: amendments
126

Town and Country Planning Act 1990 (c. 8)
82    (1)
The Town and Country Planning Act 1990 is amended as follows.
      (2)
In section 252(12) (procedure for making of orders), in the definition of “local
authority”, after “Local Government Act 1985,” insert “an economic
prosperity board established under section 85 of the Local Democracy,
5
Economic Development and Construction Act 2009, a combined authority
established under section 100 of that Act,”.
      (3)
In paragraph 1(3) of Schedule 14 (procedure for footpaths and bridleways
orders), in the definition of “council”, for the words from “or a joint
authority” to the end substitute “a joint authority established by Part 4 of the
10
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
100 of that Act;”.
Local Government (Overseas Assistance) Act 1993 (c. 25)
15
83
In section 1(10) of the Local Government (Overseas Assistance) Act 1993
(power to provide advice and assistance), after paragraph (d) insert—
“(dza)
an economic prosperity board established under section 85 of
the Local Democracy, Economic Development and
Construction Act 2009;
20
(dzb)
a combined authority established under section 100 of that
Act;”.
Railways Act 1993 (c. 43)
84
The Railways Act 1993 is amended as follows.
85
In section 25(1) (public sector operators not to be franchisees)—
25
(a)
after paragraph (c) insert—
“(ca)
any combined authority established under section
100 of the Local Democracy, Economic Development
and Construction Act 2009;”;
(b)
in paragraph (d), for “or an Integrated Transport Authority for an
30
integrated transport area in England” substitute “, an Integrated
Transport Authority for an integrated transport area in England or a
combined authority”.
86
In section 149(5) (service of documents), in the definition of “local
authority”, after “in England” insert “and a combined authority established
35
under section 100 of the Local Democracy, Economic Development and
Construction Act 2009”.
Deregulation and Contracting Out Act 1994 (c. 40)
87
In section 79A of the Deregulation and Contracting Out Act 1994 (“Local
authority”: England), after paragraph (m) insert—
40
“(ma)
an economic prosperity board established under section 85 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
127

(mb)
a combined authority established under section 100 of that
Act;”.
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
88
In section 3(2) of the Housing Grants, Construction and Regeneration Act
1996 (ineligible applicants for grants), after paragraph (ja) (and before the
5
“or” following that paragraph) insert—
“(jb)
an economic prosperity board established under section 85 of
the Local Democracy, Economic Development and
Construction Act 2009;
(jc)
a combined authority established under section 100 of that
10
Act;”.
Audit Commission Act 1998 (c. 18)
89
In paragraph 1 of Schedule 2 to the Audit Commission Act 1998 (authorities
whose accounts are subject to audit in accordance with the Act) after
paragraph (q) insert—
15
“(r)
an economic prosperity board established under section 85 of
the Local Democracy, Economic Development and
Construction Act 2009;
(s)
a combined authority established under section 100 of that
Act.”
20
Crime and Disorder Act 1998 (c. 37)
90
In section 17(2) of the Crime and Disorder Act 1998 (duty to consider crime
and disorder implications), after the entry for “a joint authority” insert—
“a combined authority established under section 100 of the
Local Democracy, Economic Development and Construction
25
Act 2009;”.
Local Government Act 1999 (c. 27)
91
In section 1(1) of the Local Government Act 1999 (best value authorities),
after paragraph (h) insert—
“(ha)
an economic prosperity board established under section 85 of
30
the Local Democracy, Economic Development and
Construction Act 2009;
(hb)
a combined authority established under section 100 of that
Act;”.
Greater London Authority Act 1999 (c. 29)
35
92
In section 211(1) of the Greater London Authority Act 1999 (public sector
operators for the purposes of Chapter 7 of Part 4 of that Act)—
(a)
after paragraph (c) insert—
“(ca)
any combined authority established under section
100 of the Local Democracy, Economic Development
40
and Construction Act 2009;”;
(b)
in paragraph (d), for “or an Integrated Transport Authority for an
integrated transport area in England” substitute “, an Integrated

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 6 — EPBs and combined authorities: amendments
128

Transport Authority for an integrated transport area in England or a
combined authority”.
Local Government Act 2000 (c. 22)
93
In section 49(6) of the Local Government Act 2000 (principles governing
conduct of members of relevant authorities), after paragraph (n) insert—
5
“(na)
an economic prosperity board established under section 85 of
the Local Democracy, Economic Development and
Construction Act 2009,
(nb)
a combined authority established under section 100 of that
Act,”.
10
Freedom of Information Act 2000 (c. 36)
94
In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in
Part 2 (local government: England and Wales), after paragraph 19 insert—
“19A
An economic prosperity board established under section 85 of the
Local Democracy, Economic Development and Construction Act
15
2009.
19B
A combined authority established under section 100 of that Act.”
Transport Act 2000 (c. 38)
95
The Transport Act 2000 is amended as follows.
96
In section 108(4) (meaning of “local transport authority” for purposes of Part
20
2 of that Act), after paragraph (c) (and before the “or” following that
paragraph) insert—
“(ca)
a combined authority,”.
97    (1)
Section 109 (further provision about plans: England) is amended as follows.
      (2)
In subsection (2A), after “Integrated Transport Authority” insert “or a
25
combined authority”.
      (3)
In subsection (2B)—
(a)
in the opening words, after “Integrated Transport Authority” insert
“or a combined authority”;
(b)
in paragraph (a), after “Integrated Transport Authority” insert “or
30
(as the case may be) the area of the combined authority”;
(c)
in paragraph (c), after “Integrated Transport Authority” insert “or (as
the case may be) the area of the combined authority”.
98    (1)
Section 113 (role of metropolitan district councils) is amended as follows.
      (2)
In subsection (2), after “integrated transport area” insert “or a combined
35
authority for an area”.
      (3)
In subsection (2A), after “Integrated Transport Authority” in each place
insert “or (as the case may be) the combined authority”.
99    (1)
Section 124 (quality contracts schemes) is amended as follows.
      (2)
In subsection (1A)—
40

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 6 — EPBs and combined authorities: amendments
129

(a)
in the opening words, after “Integrated Transport Authority” in each
place insert “or combined authority”;
(b)
in paragraph (c), after “Integrated Transport Authority” insert “or
the combined authority”.
      (3)
In subsection (1B)(a)—
5
(a)
after “Integrated Transport Authority” insert “or combined
authority”;
(b)
after “Integrated Transport Authorities” insert “or combined
authorities”.
      (4)
In subsection (11)—
10
(a)
after “Integrated Transport Authority”, in each place, insert “or
combined authority”;
(b)
in paragraph (b)(ii), after “Integrated Transport Authorities” insert
“or combined authorities”.
100   (1)
Section 157 (grants) is amended as follows.
15
      (2)
After subsection (1) insert—
“(1A)
The Secretary of State may, with the approval of the Treasury, make
grants to a combined authority for the purpose of enabling the
authority to carry out any of their functions.”
      (3)
In the heading, after “Authorities” insert “and combined authorities”.
20
101
In section 162 (interpretation of Part 2), after subsection (5) insert—
“(5A)
In this Part “combined authority” means a combined authority
established under section 100 of the Local Democracy, Economic
Development and Construction Act 2009.”
102   (1)
Section 163 (charging schemes: preliminary) is amended as follows.
25
      (2)
In subsection (3), in each of paragraphs (bb) and (cc), after “Integrated
Transport Authority” insert “or combined authority”.
      (3)
In subsection (4A), after “integrated transport area” insert “or combined
authority”.
      (4)
After subsection (5) insert—
30
“(5A)
In this Part “combined authority” means a combined authority
established under section 100 of the Local Democracy, Economic
Development and Construction Act 2009.”
103   (1)
Section 164 (local charging schemes) is amended as follows.
      (2)
In subsection (2), after “integrated transport area” insert “or the area of a
35
combined authority”.
      (3)
In subsection (3)—
(a)
in the opening words, after “integrated transport area” insert “or the
area of a combined authority”;
(b)
in paragraph (b), after “integrated transport area” insert “or (as the
40
case may be) the combined authority”.
104   (1)
Section 165 (joint local charging schemes) is amended as follows.