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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

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.

 
 

 
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