House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 9 June 2009
46

Local Democracy, Economic Development and -[ [], continued

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

24

Page  14,  line  37,  leave out Clause 23.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

25

Page  16,  line  10,  leave out Clause 24.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

26

Clause  25,  page  16,  line  36,  leave out paragraph (b).

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

27

Clause  25,  page  16,  line  40,  leave out paragraph (b).

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

28

Clause  25,  page  17,  line  3,  leave out paragraph (b).

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

31

Page  23,  line  40,  leave out Clause 29.

Public Bill Committee: 9 June 2009
47

Local Democracy, Economic Development and -[ [], continued

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

32

Page  24,  line  17,  leave out Clause 30.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

33

Clause  31,  page  25,  line  12,  leave out ‘The Secretary of State may by regulations’

and insert ‘local authorities may’.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

34

Clause  31,  page  25,  line  36,  leave out ‘regulations’ and insert ‘arrangements’.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

35

Clause  31,  page  26,  line  19,  leave out ‘Regulations’ and insert ‘Arrangements’.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

36

Clause  31,  page  26,  line  26,  leave out ‘have regard to any guidance issued by the

Secretary of State’.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

60

Clause  66,  page  49,  line  13,  leave out ‘must’ and insert ‘may’.

Mr Peter Kilfoyle

70


Clause  66,  page  49,  line  13,  leave out from ‘prepare’ to end of line 14 and insert—

‘(a)
an assessment of the economic conditions of its area; and

(b)
an assessment of the carbon dioxide emissions in its area.’.

Public Bill Committee: 9 June 2009
48

Local Democracy, Economic Development and -[ [], continued

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

61

Clause  66,  page  49,  line  19,  leave out ‘, other than a non-unitary discrict council’.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

62

Clause  66,  page  49,  line  27,  leave out from ‘council’ to end of line 28 and insert ‘it

shall act in partnership with the district council or distric councils for that area in

discharging its functions under this section.’.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

63

Clause  66,  page  49,  line  35,  leave out subsections (6) and (7).

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

64

Clause  66,  page  50,  line  8,  at end insert—

‘( )
When conducting an assessment under this Part, a principal local authority must

consider the impact on the social, environmental and economic well-being of the

authority’s area, including where applicable (but not limited to) the effect on

ports, caused by non-domestic rating revaluations.’.

Mr Peter Kilfoyle

72


Clause  67,  page  50,  line  19,  leave out from ‘(b)’ to end of line 20 and insert ‘must

be designed so as to ensure that the regional strategy as a whole—

(a)
contributes to the mitigation of, and adaptation to, climate change; and

(b)
is consistent with the proposals and policies prepared by the Secretary of

State under section 13(1) of the Climate Change Act 2008.’.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

65

Page  50,  line  12,  leave out Clause 67.

Public Bill Committee: 9 June 2009
49

Local Democracy, Economic Development and -[ [], continued

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

66

Page  51,  line  2,  leave out Clause 68.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

67

Page  51,  line  37,  leave out Clause 69.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

68

Clause  71,  page  52,  line  21,  leave out subsections (4) and (5).

Julia Goldsworthy

Dan Rogerson

55

Clause  75,  page  54,  line  31,  leave out subsection (3) and insert—

‘(3)
If after proceedings under subsection (2)(b) the Secretary of State proposes to

make any modifications to the draft they must publish—

(a)
the changes proposed,

(b)
the reasons for doing so.

(3A)
Any person may make representations on the proposed changes.’.

Julia Goldsworthy

Dan Rogerson

56

Clause  75,  page  54,  line  44,  at end insert ‘including the reasons for making any

changes to the submitted draft revision.’.

Public Bill Committee: 9 June 2009
50

Local Democracy, Economic Development and -[ [], continued

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

69

Page  55,  line  2,  leave out Clause 76

Mr Peter Kilfoyle

71


Clause  88,  page  60,  line  34,  leave out from ‘to’ to end of line 35 and insert—

‘(a)
promoting the sustainable economic development and regeneration of its

area, and

(b)
contributing to the mitigation of, and adaptation to, climate change.’.

Julia Goldsworthy

Dan Rogerson

44

Clause  144,  page  87,  line  3,  leave out ‘Chapters 1 and 2’ and insert ‘Chapter 1’.

Julia Goldsworthy

Dan Rogerson

45

Clause  144,  page  87,  line  6,  at end insert—

‘( )
Chapter 2 shall not come into force until an Act of Parliament has been

passed placing duties on central government departments to make,

publicise, and comply with a scheme for handling both paper and

electronic petitions.’.

John Healey

1

Clause  146,  page  88,  line  28,  leave out subsection (2).

Member’s explanatory statement

This amendment removes the standard privilege amendment made in the House of Lords.

Public Bill Committee: 9 June 2009
51

Local Democracy, Economic Development and -[ [], continued

new clauseS

Award of construction projects

Ms Sally Keeble

Ms Dari Taylor

Joan Walley

NC1

To move the following Clause:—

‘In considering the award of a contract in accordance with the Housing Grant,

Construction and Regeneration Act 1996 (c. 53), a local authority may have

regard to—

(a)
their functions under section 66 of the Local Democracy, Economic

Development and Construction Act 2009 (local authority economic

assessment); and

(b)
the desirability of maintaining a diverse range of contractors in its local

authority area.’.

Referendums

Graham Stringer

NC2

To move the following Clause:—

‘(1)
A principal local authority must provide a facility for the holding of

referendums—

(a)
in electronic form, or

(b)
in such other manner as the authority considers appropriate.

(2)
A principal local authority must give reasons for not granting a request to use the

facility provided by it under this section for the holding of a referendum.

(3)
A principal local authority must make a scheme (a “referendum scheme”) for the

holding of a referendum.

(4)
A referendum scheme must be approved at a meeting of the authority before it

comes into force.

(5)
A principal local authority must publish its referendum scheme—

(a)
on its website, and

(b)
in such other manner as the authority considers appropriate for bringing

the scheme to the attention of persons who live, work or study in its area.

(6)
A principal local authority may at any time revise its referendum scheme (and

subsections (3) and (4) apply in relation to any scheme which is revised under this

subsection).

(7)
A principal local authority must comply with its referendum scheme.

(8)
Subject to that, nothing in this Chapter affects the powers or duties of a principal

local authority in relation to any referendum held.’.

Public Bill Committee: 9 June 2009
52

Local Democracy, Economic Development and -[ [], continued

Penalties

Graham Stringer

NC3

To move the following Clause:—

‘(1)
A principal local authority commits an offence by failing to comply with a duty

imposed on it by virtue of Chapter 1 or 2 of Part 1.

(2)
A principal local authority found guilty of an offence under subsection (1) is

liable on summary conviction to a fine not exceeding £100,000.’.

Amalgamation of one or more local authorities

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC4

To move the following Clause:—

‘(1)
One or more principal councils may request the Local Government Boundary

Commission for England to advise, no later than a date specified in the request,

on proposals for the amalgamation of the relevant principal councils.

(2)
The Local Government Boundary Commission for England shall provide the

advice requested.

(3)
Where they provide that advice, the Local Government Boundary Commission

for England must also do any of the following that they think appropriate—

(a)
recommend that the Secretary of State implements the proposal without

modification;

(b)
recommend that he does not implement it.

(4)
Any principal council submitting a proposal for amalgamation must if requested

by the Local Government Boundary Commission for England by such date as

they may specify with any information that the Local Government Boundary

Commission for England may reasonably require in connection with its functions

under this Clause.

(5)
If the Local Government Boundary Commission for England recommends the

proposal without modification the Secretary of State may—

(a)
by order implement the proposal, with or without modification; or

(b)
decide to take no action.

(6)
The Secretary of State may not in any case make an order under subsection (5)(a)

implement a proposal unless he has consulted the following about the proposal—

(a)
every authority affected by the proposal (except the authority or

authorities which made it); and

(b)
such other persons as he considers appropriate.’.