Local Democracy, Economic Development and Construction Bill [HL]

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Local Democracy, Economic Development and Construction Bill [HL]

Local Democracy, Economic Development and Construction Bill [HL]
Part 1 — Democracy and involvement
Chapter 3 — Involvement in functions of public authorities
15


it must take such steps as it considers appropriate to secure that such
representatives are involved in the exercise of the function in that way.
(2)
This section applies to the following authorities—
(a)
the Arts Council of England;
(b)
the English Sports Council;
5
(c)
the Environment Agency;
(d)
the Health and Safety Executive;
(e)
the Historic Buildings and Monuments Commission for England;
(f)
the Homes and Communities Agency;
(g)
the Museums, Libraries and Archives Council;
10
(h)
Natural England;
(i)
a regional development agency;
(j)
a police authority in England;
(k)
a chief officer of police for a police force in England;
(l)
a local probation board for an area in England or a probation trust
15
(other than a Welsh probation trust as defined by paragraph 13(6) of
Schedule 1 to the Offender Management Act 2007 (c. 21));
(m)
a youth offending team for an area in England;
(n)
the Secretary of State.
(3)
In this section, “relevant functions” means—
20
(a)
in relation to an authority specified in subsection (2)(a) to (m), all the
functions of the authority except in so far as those functions are not
exercisable in or in relation to England;
(b)
in relation to the Secretary of State, the Secretary of State’s functions
under—
25
(i)
section 2 of the Employment and Training Act 1973 (c. 50)
(arrangements with respect to obtaining etc employment or
employees), and
(ii)
sections 2 and 3 of the Offender Management Act 2007 (c. 21)
(responsibility for ensuring the provision of probation services
30
throughout England and Wales),

except in so far as those functions are not exercisable in relation to
England.
(4)
Subsection (1) does not require an authority to take a step—
(a)
if the authority does not have the power to take the step apart from this
35
section, or
(b)
if the step would be incompatible with any duty imposed on the
authority apart from this section.
(5)
Subsection (1) does not apply in such cases as the Secretary of State may by
order made by statutory instrument specify.
40
(6)
A statutory instrument containing an order under subsection (5) is subject to
annulment in pursuance of a resolution of either House of Parliament.
(7)
In this section—
“interested person”, in relation to a relevant function, means a person who
is likely to be affected by, or otherwise interested in, the exercise of the
45
function;

Local Democracy, Economic Development and Construction Bill [HL]
Part 1 — Democracy and involvement
Chapter 4 — Housing
16

“representative” means, in relation to interested persons or a description
of interested person, a person who appears to an authority to which this
section applies to be representative of the interested persons;
“regional development agency” means a development agency established
by section 1 of the Regional Development Agencies Act 1998 (c. 45).
5
(8)
The Secretary of State’s functions under this section by virtue of subsection
(3)(b)(ii) are functions to which section 2(1)(c) of the Offender Management Act
2007 (c. 21) (functions to be performed through arrangements under section 3
of that Act) applies.
24
Duty of public authorities to secure involvement: guidance
10
(1)
The Secretary of State may give guidance to authorities to which section 23
applies (other than the Secretary of State) in relation to the discharge of their
duties under that section.
(2)
Guidance under this section—
(a)
may be given generally or to one or more particular authorities;
15
(b)
may be different for different authorities;
(c)
must be published.
(3)
Before giving guidance under this section the Secretary of State must consult
the authority or authorities to which it is given.
(4)
An authority to which section 23 applies must, in deciding how to fulfil its
20
duties under that section, have regard to any guidance given to it under this
section.
Chapter 4
Housing
25
Establishment and assistance of bodies representing tenants etc
25
(1)
The Secretary of State may—
(a)
establish a body with the functions specified in subsections (2) to (5);
(b)
give financial or other assistance to any person for the purpose of
establishing a body with those functions;
(c)
give financial or other assistance to any body appearing to the Secretary
30
of State to have those functions for the purpose of the carrying out by
the body of any or all of those functions.
(2)
The function in this subsection is that of representing, or facilitating the
representation of, the views and interests of—
(a)
tenants of social housing in England, or
35
(b)
tenants of social housing and other residential property in England.
(3)
The function in this subsection is that of conducting or commissioning research
into issues affecting—
(a)
tenants of social housing in England, or
(b)
tenants of social housing and other residential property in England.
40
(4)
The function in this subsection is that of promoting the representation by other
bodies of—

Local Democracy, Economic Development and Construction Bill [HL]
Part 1 — Democracy and involvement
Chapter 4 — Housing
17

(a)
tenants of social housing in England or any part of England, or
(b)
tenants of social housing and other residential property in England or
any part of England.
(5)
It is immaterial for the purposes of subsection (1)(a) to (c) that a body may also
have other functions.
5
(6)
Assistance under this section may be given in such form (including financial
assistance by way of grant, loan or guarantee) as the Secretary of State
considers appropriate.
(7)
Assistance under this section may be given on such terms as the Secretary of
State considers appropriate.
10
(8)
The terms on which assistance under this section may be given include, in
particular, provision as to the circumstances in which it must be repaid or
otherwise made good to the Secretary of State and the manner in which that
must be done.
(9)
A person or body to whom assistance is given under this section must comply
15
with any terms on which it is given.
(10)
In this section—
“social housing” has the meaning given by section 68 of the Housing and
Regeneration Act 2008 (c. 17);
“tenant”, in relation to social housing, has the meaning given by section
20
275 of that Act.
26
Consultation of bodies representing tenants etc
(1)
The Housing and Regeneration Act 2008 (c. 17) is amended as follows.
(2)
After section 278 insert—
“278A
Power to nominate for consultation purposes
25
(1)
The Secretary of State may for the purposes of the following provisions
of this Part nominate a body appearing to the Secretary of State to
represent the interests of tenants of social housing in England—
(a)
section 112(4);
(b)
section 174(5);
30
(c)
section 196(1);
(d)
section 197(4);
(e)
section 216.
(2)
The Secretary of State must notify the regulator of any nomination (or
withdrawal of any nomination) under this section.”
35
(3)
In each of sections 112(4) (consultation about criteria for registration of
providers of social housing) and 174(5) (consultation about disposal of
dwellings by registered providers of social housing)—
(a)
after paragraph (b) (and before the “and” following that paragraph)
insert—
40
“(ba)
any body for the time being nominated under section
278A,”;
(b)
in paragraph (c), after “one or more” insert “other”.

Local Democracy, Economic Development and Construction Bill [HL]
Part 1 — Democracy and involvement
Chapter 5 — Local freedoms and honorary titles
18

(4)
In section 196(1) (consultation about standards etc for registered providers of
social housing)—
(a)
after paragraph (b) insert—
“(ba)
any body for the time being nominated under section
278A,”;
5
(b)
in paragraph (c), after “one or more” insert “other”.
(5)
In section 197(4) (consultation about directions relating to standards)—
(a)
after paragraph (d) insert—
“(da)
any body for the time being nominated under section
278A,”;
10
(b)
in paragraph (e), after “one or more” insert “other”.
(6)
In section 216 (consultation about guidance to registered providers of social
housing)—
(a)
after paragraph (a) insert—
“(aa)
any body for the time being nominated under section
15
278A,”;
(b)
in paragraph (b), after “one or more” insert “other”.
Chapter 5
Local freedoms and honorary titles
27
Local freedoms
20
(1)
The Local Government Act 1972 (c. 70) is amended as follows.
(2)
In section 248 (freemen and inhabitants of existing boroughs), after subsection
(1) insert—
“(1A)
Schedule 28A (amendment of laws relating to freedom of city or town)
shall have effect.”
25
(3)
Before Schedule 29 insert—
“Schedule 28A
Amendment of laws relating to freedoms of cities and towns
Introductory
1     (1)
This Schedule makes provision for the laws relating to freedom of a
30
city or town to be amended by, or pursuant to, a resolution of
persons admitted to that freedom.
      (2)
The powers conferred by this Schedule are without prejudice to any
other power to amend the law relating to freedom of a city or town.
      (3)
In this Schedule—
35
“appropriate national authority” means—
(a)
the Secretary of State, in relation to a city or town in
England;
(b)
the Welsh Ministers, in relation to a city or town in
Wales;
40

Local Democracy, Economic Development and Construction Bill [HL]
Part 1 — Democracy and involvement
Chapter 5 — Local freedoms and honorary titles
19

“enactment” includes in particular—
(a)
a royal charter or other instrument made under the
royal prerogative;
(b)
any instrument made under an enactment.
Powers to amend law in respect of women and civil partners
5
2     (1)
The purposes of this paragraph are—
(a)
to provide for a woman to have the right to be admitted to
freedom of a city or town in any or all circumstances where a
man has that right;
(b)
to enable a woman admitted to the freedom of a city or town
10
(whether pursuant to this Schedule or otherwise) to use the
title “freewoman”;
(c)
to put a civil partner or surviving civil partner of a person
admitted to freedom of a city or town in the same position as
a spouse or surviving spouse of such a person.
15
      (2)
The appropriate national authority may by order amend an Act for
any purpose of this paragraph, if the amendment is proposed by a
qualifying resolution.
      (3)
A qualifying resolution may amend—
(a)
any enactment other than an Act, or
20
(b)
the law established by custom,

for any purpose of this paragraph.
      (4)
An amendment may not be made under this paragraph for the
purpose specified in sub-paragraph (1)(a) if the effect of the
amendment in any case or circumstances would be to deprive a man
25
of the right to be admitted to freedom of a city or town.
      (5)
A provision of a public general Act may not be amended under this
paragraph unless the provision relates only to—
(a)
a particular city or town, or
(b)
a specified group of cities or towns.
30
Power to amend royal charters
3     (1)
Her Majesty may by Order in Council amend the law relating to
rights of admission to freedom of a city or town where—
(a)
the law is contained in a royal charter; and
(b)
the amendment is proposed in a qualifying resolution.
35
      (2)
It is immaterial for the purposes of sub-paragraph (1) above whether
the amendment is one which could be made under paragraph 2(3)
above.
      (3)
An Order in Council under this paragraph is not a statutory
instrument for the purposes of the Statutory Instruments Act 1946.
40

Local Democracy, Economic Development and Construction Bill [HL]
Part 1 — Democracy and involvement
Chapter 5 — Local freedoms and honorary titles
20

Powers to amend laws established by custom
4     (1)
A qualifying resolution may amend the law relating to rights of
admission to freedom of a city or town where the law is established
by custom.
      (2)
The power in sub-paragraph (1) above does not include power to
5
make an amendment which could be made under paragraph 2(3)
above.
Consequential amendments
5     (1)
The power to make an amendment under paragraph 2(2) above
includes power (exercisable in the same way and subject to the same
10
conditions) to make consequential amendments to—
(a)
any enactment, or
(b)
the law established by custom.
      (2)
The power to make an amendment under paragraph 2(3), 3 or 4
above includes power (exercisable in the same way and subject to the
15
same conditions) to make consequential amendments to—
(a)
any enactment other than an Act, or
(b)
the law established by custom.
      (3)
Where an amendment is made under paragraph 2(3), 3 or 4 above,
the appropriate national authority may by order make consequential
20
amendments to any Act, if the consequential amendments are
proposed by a qualifying resolution.
6     (1)
Where by virtue of an amendment under paragraph 2, 3 or 4 above a
person has the right of admission to freedom of city or town, the
following amendments in particular are to be regarded as
25
consequential for the purposes of this Schedule—
(a)
an amendment for the purpose of putting that person in the
same position as any other person admitted to that freedom;
(b)
an amendment for the purpose of putting a person who by
marriage, civil partnership, descent, employment or
30
otherwise is or has been related to or associated with that
person in the same position as a person correspondingly
related to or associated with any other person admitted to
that freedom;
(c)
an amendment for the purpose of putting a person who is or
35
has been related by marriage or civil partnership to a
surviving spouse or civil partner or child of that person in the
same position as a person correspondingly related to the
surviving spouse or civil partner or child of any other person
admitted to that freedom.
40
      (2)
In determining for the purposes of sub-paragraph (1) above whether
one relationship corresponds with another, differences of gender are
to be ignored.
Qualifying resolutions
7     (1)
For the purposes of this Schedule, a “qualifying resolution” is a
45
resolution—

Local Democracy, Economic Development and Construction Bill [HL]
Part 1 — Democracy and involvement
Chapter 5 — Local freedoms and honorary titles
21

(a)
in relation to which the requirements of paragraph 8 below
are complied with; and
(b)
which is passed in accordance with paragraph 9 below.
8     (1)
The requirements of this paragraph in relation to a resolution are as
follows.
5
      (2)
The resolution must be proposed by three or more eligible persons.
      (3)
Voting on the resolution is to be by postal ballot.
      (4)
The proposers must make reasonable endeavours to secure that each
eligible person is sent—
(a)
a notice of the ballot, and
10
(b)
a ballot paper.
      (5)
The notice must state—
(a)
the resolution proposed,
(b)
the purpose of the resolution, and
(c)
the date by which ballot papers must be returned (the “voting
15
date”).
      (6)
Any notice and ballot paper must be sent at least 28 days before the
voting date.
      (7)
For the purposes of this paragraph, a notice or ballot paper is sent to
a person on the day it is posted by first class post to the last known
20
address of that person.
9     (1)
A resolution is passed in accordance with this paragraph if—
(a)
it is passed by a majority of the eligible persons voting on the
resolution,
(b)
the number of eligible persons voting on the resolution is at
25
least 10% of the number of eligible persons to whom notice is
sent under paragraph 8(4) above, and
(c)
the resolution is notified to the relevant council within six
weeks from the voting date.
      (2)
For the purposes of sub-paragraph (1)(c) above, the resolution is
30
notified by delivery of the following documents to the relevant
council—
(a)
a copy of the resolution;
(b)
a copy of the notice sent under paragraph 8(4) above;
(c)
a statement in writing of the names of the eligible persons to
35
whom the notice was sent;
(d)
a statement in writing of the number of eligible persons who
voted on the resolution and of the number who voted in
favour of it;
(e)
all ballot papers returned in accordance with the notice.
40
      (3)
The relevant council must keep the documents delivered under sub-
paragraph (2) above, but need not keep those within paragraphs (b)
to (e) of that sub-paragraph if it considers that it is no longer
reasonably necessary to do so.
10
In paragraphs 8 and 9 above—
45