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]
Part 3 — Local government boundary and electoral change
48

the Secretary of State must by order implement the
recommendation under section 8(6A) or (6E) with that
modification;
(b)
if the Local Government Boundary Commission have
recommended under subsection (2C) that no modification is
5
needed to the recommendation under section 8(6A) or (6E), the
Secretary of State must by order implement that
recommendation.”
(5)
In section 11 (implementation orders: provision that may be included)—
(a)
in subsection (3), at the end insert—
10
“(i)
electoral matters within the meaning of section 12.”;
(b)
in subsection (4), omit paragraph (d).
(6)
In section 12 (provision relating to membership etc of authorities), in
subsection (1)—
(a)
for “section 11(4)” substitute “section 11(3)”;
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(b)
at the end insert—
“(l)
the ordinary year of election for a parish council.”
63
Repeal of redundant provisions
The following provisions (which relate to the Local Government Commission
for England) are repealed—
20
(a)
in the Local Government Act 1992 (c. 19), section 12 and Schedule 2;
(b)
in the Political Parties, Elections and Referendums Act 2000 (c. 41),
section 18.
General
64
Consequential and supplementary provision
25
(1)
Schedule 4 (which contains amendments consequential on, and
supplementary to, this Part) is part of this Part.
(2)
The Secretary of State may by order make such other provision as the Secretary
of State considers appropriate in consequence of any provision made by this
Part.
30
(3)
The power conferred in subsection (2) includes power to amend, repeal or
revoke provision contained in an enactment passed or made before the day on
which this Act is passed.
(4)
A order under subsection (2) is to be made by statutory instrument.
(5)
A statutory instrument containing an order under subsection (2) which
35
includes provision—
(a)
amending or repealing provision contained in an Act, or
(b)
amending or revoking provision contained in an instrument of which a
draft was required to be laid before and approved by a resolution of
each House of Parliament,
40

may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of each House of Parliament.

Local Democracy, Economic Development and Construction Bill [HL]
Part 4 — Local authority economic assessments
49

(6)
A statutory instrument containing any other order under subsection (2) is
subject to annulment in pursuance of a resolution of either House of
Parliament.
65
Interpretation
In this Part—
5
“the Electoral Commission’s Boundary Committee” has the meaning
given by section 57(4);
“electoral arrangements” has the meaning given in section 53(4) and (6);
“principal council” has the meaning given in section 53(3).
Part 4
10
Local authority economic assessments
66
Local authority economic assessment
(1)
A principal local authority in England must prepare an assessment of the
economic conditions of its area.
(2)
A principal local authority may revise the assessment, or any part or aspect of
15
it, at any time.
(3)
In this Part “principal local authority” means—
(a)
a county council;
(b)
a district council, other than a non-unitary district council;
(c)
a London borough council;
20
(d)
the Common Council of the City of London in its capacity as a local
authority;
(e)
the Council of the Isles of Scilly.
(4)
In discharging its functions under this section, a principal local authority must
consult such persons as it considers appropriate.
25
(5)
Where a principal local authority is a county council for an area for which there
is a district council, the following duties also apply in relation to the discharge
by the county council of its functions under this section—
(a)
the county council must consult and seek the participation of the
district council;
30
(b)
the county council must have regard to any material produced by the
district council in the discharge of the district council’s functions under
section 13 of the Planning and Compulsory Purchase Act 2004 (c. 5);
(c)
the district council must co-operate with the county council.
(6)
A principal local authority must have regard to any guidance given by the
35
Secretary of State—
(a)
as to what an assessment under this section should contain and how it
should be prepared;
(b)
as to when to prepare an assessment under subsection (1);
(c)
as to when to revise any assessment, or any part or aspect of an
40
assessment, under subsection (2).

Local Democracy, Economic Development and Construction Bill [HL]
Part 5 — Regional strategy
50

(7)
Before giving guidance under subsection (6) the Secretary of State must
consult—
(a)
such representatives of local government as the Secretary of State
considers appropriate, and
(b)
such other persons (if any) as the Secretary of State considers
5
appropriate.
(8)
In subsection (3), “non-unitary district council” means a district council for an
area that is part of the area of a county council.
Part 5
Regional strategy
10
Regional strategy
67
Regional strategy
(1)
There is to be a regional strategy for each region other than London.
(2)
The regional strategy for a region is to set out—
(a)
policies in relation to sustainable economic growth in the region, and
15
(b)
policies in relation to the development and use of land in the region.
(3)
In subsection (2)(a) and (b) references to the region include any part of the
region.
(4)
The policies referred to in subsection (2)(a) and (b) are to include policies
designed to contribute to the mitigation of, and adaptation to, climate change.
20
(5)
If to any extent a policy set out in the regional strategy conflicts with any other
statement or information in the strategy, the conflict is to be resolved in favour
of the policy.
(6)
On the day on which this section comes into force the regional strategy for a
region is to consist of—
25
(a)
the regional spatial strategy for the region subsisting immediately
before that day, and
(b)
the regional economic strategy for the region subsisting immediately
before that day.
(7)
In a case where the area of a National Park falls within two or more regions, the
30
Secretary of State may by regulations provide that the National Park is for the
purposes of this Part to be treated as falling wholly within a region specified in
the regulations.
(8)
In this section “development” and “land” have the same meanings as in the
Town and Country Planning Act 1990 (c. 8) (see section 336 of that Act).
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Local Democracy, Economic Development and Construction Bill [HL]
Part 5 — Regional strategy
51

Authorities relevant to this Part
68
Leaders’ Boards
(1)
The participating authorities in each region other than London must for the
purposes of this Part make a scheme for the establishment and operation of a
body (whether or not incorporated) for the region.
5
(2)
A body under subsection (1) is to be known as a “Leaders’ Board”.
(3)
For the purposes of this section, “participating authority,” in relation to a
region, means any of the following authorities whose area falls wholly or
partly within the region—
(a)
a district council;
10
(b)
a county council;
(c)
a National Park authority;
(d)
the Broads Authority.
(4)
Before making a scheme under subsection (1) the participating authorities in a
region must consult such persons (if any) as they consider appropriate.
15
(5)
After making a scheme under subsection (1) the participating authorities in a
region must submit it to the Secretary of State for approval.
(6)
If the Secretary of State approves a scheme under subsection (1), the
participating authorities are to establish the body in accordance with the
scheme.
20
(7)
The Secretary of State may give such sums as the Secretary of State considers
appropriate—
(a)
to a Leaders’ Board, or
(b)
to a participating authority in a region in respect of the Leaders’ Board
for the region.
25
(8)
If the Secretary of State considers that a Leaders’ Board established for a region
is not operating effectively, the Secretary of State may by direction withdraw
approval for the scheme under which it is established (and subsection (6)
accordingly ceases to apply in relation to that scheme).
(9)
The Secretary of State must by regulations make provision for Part 5A of the
30
Local Government Act 1972 (c. 70) (public admission to meetings of principal
councils, public access to documents, etc) to apply in relation to Leaders’
Boards as it applies in relation to principal councils (within the meaning of that
Part).
(10)
The application referred to in subsection (9) may be with such modifications as
35
the Secretary of State considers necessary or expedient.
69
Responsible regional authorities
(1)
References in this Part to “responsible regional authorities”, in relation to a
region, are to the following (acting jointly)—
(a)
the regional development agency for the region, and
40
(b)
the Leaders’ Board for the region.
(2)
But if during any period after the coming into force of this section there is no
Leaders’ Board for a region, the references in this Part to “responsible regional

Local Democracy, Economic Development and Construction Bill [HL]
Part 5 — Regional strategy
52

authorities” are in relation to that period and region to be read as references to
the regional development agency for the region.
Sustainable development
70
Sustainable development
(1)
The responsible regional authorities and the Secretary of State must exercise
5
their functions under this Part in relation to the regional strategy for a region
with the objective of contributing to the achievement of sustainable
development.
(2)
For the purposes of subsection (1) the responsible regional authorities in
relation to a region and the Secretary of State must (in particular) have regard
10
to the desirability of achieving good design.
Revisions of regional strategy
71
Review and revision by responsible regional authorities
(1)
The responsible regional authorities must keep the regional strategy for their
region under review.
15
(2)
The responsible regional authorities may prepare a draft revision of the
regional strategy for their region when it appears to them necessary or
expedient to do so.
(3)
The responsible regional authorities must give notice to the Secretary of State
of their intention to prepare a draft revision under this section.
20
(4)
The responsible regional authorities must prepare a draft revision of the
regional strategy for their region—
(a)
at such time as may be specified in regulations made by the Secretary
of State, or
(b)
when directed to do so by the Secretary of State.
25
(5)
A direction under subsection (4)(b) may in particular require a draft revision of
a regional strategy—
(a)
in relation to aspects of the strategy specified in the direction;
(b)
in accordance with a timetable so specified.
72
Community involvement
30
(1)
For the purposes of the exercise of their functions in relation to the revision of
the regional strategy for their region, the responsible regional authorities must
prepare and publish a statement of their policies as to the involvement of
persons who appear to them to have an interest in the exercise of those
functions.
35
(2)
The responsible regional authorities must keep those policies under review
and from time to time—
(a)
revise the statement, and
(b)
publish the revised statement.

Local Democracy, Economic Development and Construction Bill [HL]
Part 5 — Regional strategy
53

(3)
The responsible regional authorities must comply with the statement or
revised statement in the exercise of the functions referred to in subsection (1).
73
Examination in public
(1)
The responsible regional authorities may when preparing a draft revision of
their regional strategy arrange for an examination in public to be held.
5
(2)
In deciding whether or not to arrange for an examination in public to be held
the responsible regional authorities must have regard to—
(a)
the extent of the revisions proposed by the draft revision,
(b)
the level of interest shown in the draft revision, and
(c)
such other matters as the responsible regional authorities consider
10
appropriate.
(3)
The responsible regional authorities must inform the Secretary of State of their
decision under subsection (2).
(4)
If the responsible regional authorities decide to arrange for an examination in
public to be held, the Secretary of State must appoint a person to hold it.
15
(5)
If the responsible regional authorities decide not to arrange for an examination
in public to be held, the Secretary of State may—
(a)
arrange for such an examination to be held, and
(b)
appoint a person to hold it.
(6)
In deciding pursuant to subsection (5) whether or not to arrange for an
20
examination in public to be held the Secretary of State must have regard to—
(a)
the extent of the revisions proposed by the draft revision,
(b)
the level of interest shown in the draft revision, and
(c)
such other matters as the Secretary of State considers appropriate.
(7)
No person has a right to be heard at an examination in public under this
25
section.
(8)
An examination in public under this section—
(a)
is a statutory inquiry for the purposes of Schedule 7 to the Tribunals,
Courts and Enforcement Act 2007 (c. 15) (Administrative Justice and
Tribunals Council), but
30
(b)
is not a statutory inquiry for the purposes of the Tribunals and Inquiries
Act 1992 (c. 53).
(9)
After an examination in public under this section the person appointed to hold
it must—
(a)
make a report of the examination to the responsible regional
35
authorities, and
(b)
send a copy to the Secretary of State.
74
Matters to be taken into account in revision
(1)
In preparing a draft revision of the regional strategy for their region, the
responsible regional authorities must have regard to—
40
(a)
national policies and advice contained in guidance which has been
given by the Secretary of State;
(b)
the regional strategy for each adjoining region (other than London);

Local Democracy, Economic Development and Construction Bill [HL]
Part 5 — Regional strategy
54

(c)
if any part of their region adjoins London—
(i)
the spatial development strategy; and
(ii)
the London Development Agency strategy under section 7A of
the Regional Development Agencies Act 1998 (c. 45);
(d)
if any part of their region adjoins Scotland, the National Planning
5
Framework for Scotland;
(e)
if any part of their region adjoins Wales, the Wales Spatial Plan;
(f)
the resources likely to be available for implementation of the regional
strategy;
(g)
the desirability of making different provision in relation to different
10
parts of the region;
(h)
any report pursuant to an examination in public under section 73;
(i)
any representations made to them in respect of the draft which were
not considered at an examination in public under that section;
(j)
such other matters as the Secretary of State may by regulations
15
prescribe.
(2)
In preparing a draft revision of a regional strategy for their region the
responsible regional authorities must—
(a)
carry out an appraisal of the sustainability of the proposals in the draft,
and
20
(b)
prepare a report of the findings of the appraisal.
75
Approval of revision by Secretary of State
(1)
When the responsible regional authorities have prepared a draft revision of a
regional strategy, they must—
(a)
publish it, together with the report referred to in section 74(2)(b), and
25
(b)
submit it and that report to the Secretary of State.
(2)
Where a draft revision of a regional strategy is submitted under subsection
(1)(b) the Secretary of State may—
(a)
approve the draft, or
(b)
modify it and approve it as modified.
30
(3)
The Secretary of State must consult such persons (if any) as the Secretary of
State considers appropriate—
(a)
before approving the draft under subsection (2)(a);
(b)
before modifying the draft and approving it as modified under
subsection (2)(b).
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(4)
In deciding whether to make any modifications to the draft the Secretary of
State must have regard to—
(a)
any report pursuant to an examination in public under section 73,
(b)
any representations made to the responsible regional authorities in
respect of the draft which were not considered at an examination in
40
public under that section, and
(c)
any representations made to the Secretary of State.
(5)
The responsible regional authorities must publish any revision approved
under this section.