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]
Part 6 — Economic prosperity boards and combined authorities
72

(d)
for bodies to make agreements with respect to any property, income,
rights, liabilities and expenses of, and any financial relations between,
the parties to the agreement.
(8)
Provision for the transfer of property, rights and liabilities made by virtue of
this section may include provision—
5
(a)
for the continuing effect of things done by the transferor in relation to
anything transferred;
(b)
for the continuation of things (including legal proceedings) in the
process of being done, by or on behalf of or in relation to the transferor
in relation to anything transferred;
10
(c)
for references to the transferor in any agreement (whether written or
not), instrument or other document in relation to anything transferred
to be treated (so far as necessary for the purposes of or in consequence
of the transfer) as references to the transferee.
113
Consequential amendments
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(1)
The Secretary of State may by order make such provision as the Secretary of
State considers appropriate in consequence of any provision made by this Part.
(2)
The power conferred in subsection (1) includes power to amend, repeal or
revoke provision contained in an enactment passed or made before the day on
which this Act is passed.
20
114
Orders
(1)
Orders under this Part must be made by statutory instrument.
(2)
Subject to subsection (3), a statutory instrument containing an order under this
Part may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
25
(3)
A statutory instrument containing only an order under section 113 that amends
or revokes provision contained in an instrument subject to annulment by
resolution of either House of Parliament is subject to annulment by such
resolution.
(4)
If a draft of an order under this Part would, apart from this subsection, be
30
treated for the purposes of the standing orders of either House of Parliament
as a hybrid instrument, it is to proceed in that House as if it were not a hybrid
instrument.
115
Guidance
(1)
The Secretary of State may give guidance about anything that could be done by
35
an authority to whom this section applies under or by virtue of this Part.
(2)
An authority to whom this section applies must have regard to any guidance
given under this section in exercising any function conferred or imposed by or
by virtue of this Part.
(3)
Any guidance under this section must be given in writing and may be varied
40
or revoked by further guidance in writing.
(4)
Any such guidance may make different provision for different cases and
different provision for different areas.

Local Democracy, Economic Development and Construction Bill [HL]
Part 7 — Multi-area agreements
73

(5)
This section applies to—
(a)
a county council;
(b)
a district council;
(c)
an EPB;
(d)
an ITA;
5
(e)
a combined authority.
116
Amendments relating to EPBs and combined authorities
Schedule 6 (amendments relating to EPBs and combined authorities) is part of
this Part.
117
Interpretation
10
In this Part—
“combined authority” means an authority established under section
100(1);
“EPB” has the meaning given by section 85(1);
“ITA” has the meaning given by section 101(1);
15
“local government area” has the meaning given by section 85(7);
“unitary district council” has the meaning given by section 87(4).
Part 7
Multi-area agreements
Basic concepts
20
118
Multi-area agreements
(1)
This Part makes provision about multi-area agreements.
(2)
In this Part “multi-area agreement” means a document that—
(a)
covers an area for which there are two or more local authorities (see
section 119), and
25
(b)
specifies improvement targets for that area.
(3)
Any part of the area may be separated from any other part by territory that is
not part of the area.
(4)
In this Part “improvement target” means a target for improvement in the
economic, social or environmental well-being of the whole or any part of the
30
area covered by a multi-area agreement and which relates to any or all of the
following—
(a)
one or more local authorities for that area;
(b)
one or more partner authorities for that area (see section 120);
(c)
one or more other persons acting, or having functions exercisable, in
35
that area.
(5)
For the purposes of this Part, a target specified in a multi-area agreement
relates to a person if—
(a)
the exercise of any of that person’s functions, or anything done by that
person, could contribute to the attainment of the target, and
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Local Democracy, Economic Development and Construction Bill [HL]
Part 7 — Multi-area agreements
74

(b)
that person has consented to the application of the target to that person.
(6)
A person is taken to have consented to the application of a target to that person
if—
(a)
that person has consented to the target being specified in the
agreement, or
5
(b)
where the target has been changed, that person has consented to the
change.
119
Local authorities
(1)
Each of the following is a local authority for the purposes of this Part—
(a)
a county council in England;
10
(b)
a district council in England;
(c)
a London borough council;
(d)
the Council of the Isles of Scilly;
(e)
the Common Council of the City of London in its capacity as a local
authority;
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(f)
an economic prosperity board established under section 85 or a
combined authority established under section 100.
(2)
For the purposes of this Part, a local authority is an authority for an area if the
whole or any part of the local authority’s area coincides with or falls within
that area.
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120
Partner authorities
(1)
For the purposes of this Part, each of the following is a partner authority for an
area—
(a)
any person mentioned in subsection (2), where the whole or any part of
the area for which the person acts or is established coincides with or
25
falls within that area,
(b)
a person mentioned in subsection (3), where the person provides
services at or from a hospital or other establishment or facility in that
area,
(c)
any person mentioned in subsection (4), and
30
(d)
where the area includes the area of a London borough council or the
Common Council of the City of London, Transport for London.
(2)
The persons referred to in subsection (1)(a) are—
(a)
a fire and rescue authority which is not a local authority;
(b)
a National Park authority;
35
(c)
the Broads Authority;
(d)
a police authority;
(e)
a chief officer of police;
(f)
a joint waste authority established under section 207(1) of the Local
Government and Public Involvement in Health Act 2007 (c. 28);
40
(g)
a waste disposal authority established under section 10 of the Local
Government Act 1985 (c. 51);
(h)
an Integrated Transport Authority;
(i)
a Primary Care Trust;

Local Democracy, Economic Development and Construction Bill [HL]
Part 7 — Multi-area agreements
75

(j)
a development agency established by section 1 of the Regional
Development Agencies Act 1998 (c. 45);
(k)
a local probation board or a probation trust;
(l)
a youth offending team.
(3)
The persons referred to in subsection (1)(b) are—
5
(a)
a National Health Service trust;
(b)
an NHS foundation trust.
(4)
The persons referred to in subsection (1)(c) are—
(a)
the Arts Council of England;
(b)
the English Sports Council;
10
(c)
the Environment Agency;
(d)
the Health and Safety Executive;
(e)
the Historic Buildings and Monuments Commission;
(f)
the Homes and Communities Agency;
(g)
the Learning and Skills Council for England;
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(h)
the Museums, Libraries and Archives Council;
(i)
Natural England;
(j)
the Secretary of State in so far as the Secretary of State has functions—
(i)
under section 2 of the Employment and Training Act 1973 (c. 50)
(arrangements with respect to obtaining etc employment or
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employees),
(ii)
as highway authority by virtue of section 1 of the Highways Act
1980 (c. 66),
(iii)
as traffic authority by virtue of section 121A of the Road Traffic
Regulation Act 1984 (c. 27), or
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(iv)
under sections 2 and 3 of the Offender Management Act 2007
(c. 21) (responsibility for ensuring the provision of probation
services throughout England and Wales).
(5)
The Secretary of State may by order—
(a)
amend subsection (2), (3) or (4) so as to—
30
(i)
add to it any person who has functions of a public nature, or
(ii)
remove from it any person for the time being mentioned in it;
(b)
amend subsection (4)(j) so as to—
(i)
add to it any function of the Secretary of State, or
(ii)
remove from it any function for the time being mentioned in it;
35
(c)
make such other amendments of this section as appear to the Secretary
of State to be necessary or expedient in consequence of provision made
by paragraph (a) or (b).
(6)
Before making an order under subsection (5) the Secretary of State must
consult—
40
(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
appropriate.
(7)
An order under subsection (5) must be made by statutory instrument.
45
(8)
A statutory instrument containing an order under subsection (5) is subject to
annulment in pursuance of a resolution of either House of Parliament.

Local Democracy, Economic Development and Construction Bill [HL]
Part 7 — Multi-area agreements
76

(9)
For the purposes of subsection (2)(e), a chief officer of police acts and is
established for the area of the chief officer’s police force.
(10)
The Secretary of State’s functions under this Part by virtue of subsection
(4)(j)(iv) are functions to which section 2(1)(c) of the Offender Management Act
2007 (functions to be performed through arrangements under section 3 of that
5
Act) applies.
Preparation and approval of multi-area agreements
121
Proposal for multi-area agreement
(1)
The local authorities for an area proposed to be covered by a multi-area
agreement (“the proposed area”) may request the Secretary of State to give a
10
direction under section 122 for the preparation and submission of a draft multi-
area agreement for the proposed area.
(2)
The local authorities making the request—
(a)
must include all of the local authorities for the proposed area, other
than any non-unitary district council for that area;
15
(b)
may include any non-unitary district council for that area.
(3)
In this Part “non-unitary district council” means a district council for an area
that is part of the area of a county council.
(4)
The request must be made in writing and must—
(a)
identify the local authorities making the request,
20
(b)
nominate one of them to be responsible for preparing and submitting
the draft, and
(c)
identify the proposed area.
(5)
The local authorities making the request must have regard to any guidance
issued by the Secretary of State about such requests.
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122
Direction to prepare and submit draft multi-area agreement
(1)
If a request is made in accordance with section 121, the Secretary of State may
direct the responsible authority to prepare a draft multi-area agreement for the
proposed area and submit it to the Secretary of State.
(2)
The draft must specify, in relation to each improvement target—
30
(a)
the persons or persons to whom the target relates, and
(b)
where the target does not relate to the whole of the proposed area, the
part or parts of the area to which it relates.
(3)
The draft must specify the period for which the multi-area agreement is to have
effect.
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(4)
A direction under this section—
(a)
may specify the date by which the draft must be submitted to the
Secretary of State;
(b)
may be varied or revoked.