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| To move the following Clause:— |
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| | ‘(1) | A principal local authority must provide a facility for the holding of |
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| | (a) | in electronic form, or |
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| | (b) | in such other manner as the authority considers appropriate. |
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| | (2) | A principal local authority must give reasons for not granting a request to use the |
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| | facility provided by it under this section for the holding of a referendum. |
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| | (3) | A principal local authority must make a scheme (a “referendum scheme”) for the |
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| | (4) | A referendum scheme must be approved at a meeting of the authority before it |
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| | (5) | A principal local authority must publish its referendum scheme— |
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| | (b) | in such other manner as the authority considers appropriate for bringing |
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| | the scheme to the attention of persons who live, work or study in its area. |
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| | (6) | A principal local authority may at any time revise its referendum scheme (and |
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| | subsections (3) and (4) apply in relation to any scheme which is revised under this |
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| | (7) | A principal local authority must comply with its referendum scheme. |
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| | (8) | Subject to that, nothing in this Chapter affects the powers or duties of a principal |
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| | local authority in relation to any referendum held.’. |
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| To move the following Clause:— |
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| | ‘(1) | A principal local authority commits an offence by failing to comply with a duty |
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| | imposed on it by virtue of Chapter 1 or 2 of Part 1. |
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| | (2) | A principal local authority found guilty of an offence under subsection (1) is |
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| | liable on summary conviction to a fine not exceeding £100,000.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must as soon as practicable but not less than 12 months |
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| | after the passing of this Act produce and publish a Local Spending Report. |
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| | (2) | The reports must cover— |
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| | (a) | all government departments, and |
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| | (b) | any other person exercising public functions. |
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| | (3) | The reports must include— |
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| | (a) | all public expenditure for each local authority area in so far as it is |
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| | possible to define it, and |
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| | (b) | both current and proposed future spending. |
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| | (4) | Local spending reports shall be updated as frequently as is reasonably practicable |
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| | but in any event at least once every two years. |
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| | (5) | The first report under this section must be laid before Parliament no later than 12 |
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| | months after this Act is passed. |
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| | (6) | In this section the term “Local Spending Report” has the same meaning as in the |
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| | Sustainable Communities Act 2007 (c. 23).’. |
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| | Democratic arrangements within sustainable communities |
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| To move the following Clause:— |
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| | ‘(1) | The Sustainable Communities Act 2007 (c. 23) (“the Act of 2007”) is amended |
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| | (2) | After section 3 insert— |
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| | “3A | Proposals made by the selector |
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| | (1) | The first short list of proposals drawn up by the selector subsequent to the |
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| | passing of this Act may contain as many proposals as the selector thinks |
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| | it is reasonably practicable to deal with provided that he has sufficient |
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| | proposals from local authorities. |
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| | (2) | After that first short list of proposals has been submitted the selector may |
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| | submit such further proposals as in his opinion it is reasonably |
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| | practicable to deal with. |
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| | (3) | The selector must, provided that he has sufficient proposals from local |
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| | authorities, ensure that there is always a rolling set of proposals being |
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| | considered by the Secretary of State. |
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| | (4) | The selector must publish his reasons for rejecting any proposals from |
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| | (3) | In section 5 (proposals: regulations) after paragraph (4)(a) insert— |
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| | “(b) | the panel must, subject to subsection (4)(c), include |
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| | representatives of parish councils in a local authority’s area, |
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| | (c) | a local authority that has established or recognised such a panel |
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| | shall select representatives of parish councils to be members of |
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| | (i) | the parish councils within its area have selected at least |
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| | two members to serve on the panel within six months of |
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| | the coming into force of this Act; or |
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| | (ii) | there are no parish councils within the authority’s area.”. |
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| | (4) | In section 2 (proposals by local authorities) after subsection (1) insert— |
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| | “(2) | For the purpose of making proposals to the Secretary of State where there |
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| | is in the opinion of the Secretary of State a viable county association of |
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| | parish councils then he must recognise that association for that purpose. |
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| | (3) | Where the Secretary of State has recognised a county association |
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| | pursuant to subsection (2) he must invite that association to make |
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| | proposals which it considers would contribute to promoting the |
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| | sustainability of local communities and, in such a case, sections 2-5 shall |
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| | (4) | Before it makes any proposals a recognised county association must |
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| | consult and try to reach agreement with parish councils in its area about |
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| | (5) | Where a local authority has not decided to make proposals to the |
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| | Secretary of State then provided that at least five per cent. of electors in |
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| | its area have signed and delivered a petition to the offices of the authority |
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| | specifying that the authority must make proposals then the authority shall |
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| | organise a referendum of all electors on the matter in that petition. |
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| | (6) | If in that referendum a majority of those voting support the petition then |
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| | the authority must within 12 months make proposals and in such a case |
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| | the provisions of this Act or the Act of 2007 shall apply. |
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| | (7) | The Secretary of State must within 12 months of the passing of this Act |
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| | make regulations about the drawing up and presentation of petitions and |
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| | the holding of referendums under this Act..”’. |
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| | Delegation by regional development agencies |
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| To move the following Clause:— |
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| | ‘(1) | The Regional Development Agencies Act 1998 (c. 45) is amended as follows. |
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| | (2) | After section 6A (delegation of functions to the Mayor of London and the London |
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| | Development Agency) insert— |
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| | “6B | Delegation of functions and funding by regional development agencies |
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| | (1) | The Secretary of State shall make proposals in consultation with the |
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| | regional development agencies within six months of the coming into |
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| | force of this section for a scheme of delegation for the discharge of their |
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| | functions to a local authority within their area, or jointly by a group of |
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| | local authorities within their area. |
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| | (2) | For the purposes of this section, a “function” shall include— |
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| | (a) | part of a function or any function which is exercisable only in |
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| | relation to part of the area of a local authority; |
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| | (b) | the determination and allocation of funding or any expenditure |
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| | programme to other persons or bodies, whether by grant, loan or |
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| | (c) | the transfer to one or more local authorities, or to a partnership |
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| | of one or more such authorities with one or more other persons |
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| | or bodies of funds for the purposes of implementing a |
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| | programme of investment in pursuance of the social, economic |
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| | and environmental wellbeing of the area. |
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| | (3) | The scheme of delegation shall apply to the functions of all or any of the |
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| | regional development agencies as the Secretary of State considers |
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| | appropriate following consultation with relevant local authorities in the |
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| | (4) | The scheme shall be implemented no later than two years from the |
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| | coming into force of this section. |
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| | (5) | Two or more local authorities to which any function has been delegated |
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| | under this section may arrange for it to be discharged by them jointly or |
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| | in accordance with any executive arrangements agreed by them from |
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| | Power of general competence |
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| To move the following Clause:— |
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| | ‘(1) | The Local Government Act 2000 (c. 29) is amended as follows. |
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| | (2) | For subsection 2(1) substitute— |
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| | “2 (1) | Every local authority has full powers and capacity to carry on or |
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| | undertake any activity or business, do any act, or enter into any |
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| | transaction with full rights, powers and privileges for so doing.”. |
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| | (3) | For subsection 2(2) substitute— |
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| | “(2) | Subsection (1) applies subject to— |
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| | (b) | any other enactment; and |
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| | (4) | For subsection 2(5) substitute— |
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| | “(5) | The powers under subsection (1) may be exercised in relation to or for |
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| | (a) | the whole or any part of the local authority area; or |
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| | (b) | all or any persons resident or present in a local authority’s |
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| | (c) | any person or area situated outside the local authority’s area if |
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| | they consider that it is likely to benefit their area or persons |
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| | Abolition of the Standards Board for England and the Adjudication Panel for England |
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| To move the following Clause:— |
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| | ‘(1) | The Standards Board for England and the Adjudication Panel for England shall |
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| | (2) | Sections 57, 57D, 58, 59, 60, 61, 62, 63, 64, 65, 65A, 66A, 66B, 66C, 67(1), |
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| | 75(1), (3), (4), (7), (9), (11), 78A, 78B and Schedule 4 of the Local Government |
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| | Act 2000 (c. 22) shall cease to have effect. |
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| | (3) | The Secretary of State may also by order make transitional or consequential |
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| | provisions (including by amendment of the Local Government Act 2000) as are |
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| | necessary due to the abolition of the Standards Board for England and the |
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| | Adjudication Panel for England. |
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| | (4) | Any order under subsection (3) must be made by statutory instrument. |
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| | (5) | A statutory instrument containing an order under this section may not be made |
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| | unless a draft of the instrument has been laid before, and approved by a resolution |
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| | of, each House of Parliament.’. |
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| | Abolition of comprehensive area assessments |
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| To move the following Clause:— |
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| | ‘(1) | Sections 99 and 100 of the Local Government Act 2003 (c. 26) shall cease to have |
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| Page 2, line 19 [Clause 1], at end insert— |
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| | ‘(4) | This Chapter shall not come into force until 1 July 2011.’. |
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| Page 7, line 10 [Clause 10], at end insert— |
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| | ‘(5) | This Chapter shall not come into force until 1 July 2011.’. |
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| Page 16, line 9 [Clause 23], at end insert— |
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| | ‘(9) | This Chapter shall not come into force until 1 July 2011.’. |
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| Page 50, line 8 [Clause 66], at end insert— |
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| | ‘( ) | When conducting an assessment under this part, a principal local authority must |
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| | consider the impact on the social, environmental and economic wellbeing of the |
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| | authority’s area, including in particular where applicable (but not limited to) the |
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| | effect on ports, caused by non-domestic rating revaluations.’. |
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| Page 50, line 15 [Clause 67], leave out ‘economic’. |
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| Page 50, line 20 [Clause 67], at end insert ‘and policies that seek to protect and |
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| enhance the environment, including biodiversity, natural resources and landscape.’. |
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| Page 50, line 35 [Clause 67], at end add— |
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| | ‘(9) | In subsection (2)(a) “sustainable growth” means economic growth that can be |
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| | sustained and is within environmental limits but also enhances the environment |
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| | and social welfare and avoids greater extremes in future economic cycles.’. |
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| Page 52, line 11 [Clause 70], at end insert— |
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| | ‘(3) | The responsible regional authorities shall establish and support a body whose |
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| | purpose shall be to promote and scrutinise the achievement of sustainable |
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| | development in their region. |
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