Consideration of Bill: 13 October 2009

1282

Local Democracy, Economic Development and [Lords], continued

Referendums

Graham Stringer

NC10

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.’.

Penalties

Graham Stringer

NC11

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.’.

Consideration of Bill: 13 October 2009

1283

Local Democracy, Economic Development and [Lords], continued

Local Spending Reports

Mr David Drew

Julia Goldsworthy

Mr Nick Hurd

John Austin

Sandra Gidley

Mr Oliver Letwin

Total signatories: 58

Jim Cousins

Dan Rogerson

Greg Mulholland

NC13

To move the following Clause:—

‘(1)	The Secretary of State must as soon as practicable but not less than 12 months

after the passing of this Act produce and publish a Local Spending Report.

(2)	The reports must cover—

(a)	all government departments, and

(b)	any other person exercising public functions.

(3)	The reports must include—

(a)	all public expenditure for each local authority area in so far as it is

possible to define it, and

(b)	both current and proposed future spending.

(4)	Local spending reports shall be updated as frequently as is reasonably practicable

but in any event at least once every two years.

(5)	The first report under this section must be laid before Parliament no later than 12

months after this Act is passed.

(6)	In this section the term “Local Spending Report” has the same meaning as in the

Sustainable Communities Act 2007 (c. 23).’.

Democratic arrangements within sustainable communities

Mr David Drew

Julia Goldsworthy

Mr Nick Hurd

John Austin

Sandra Gidley

Mr Oliver Letwin

Total signatories: 56

Dan Rogerson

Greg Mulholland

NC14

To move the following Clause:—

‘(1)	The Sustainable Communities Act 2007 (c. 23) (“the Act of 2007”) is amended

as follows.

(2)	After section 3 insert—

Consideration of Bill: 13 October 2009

1284

Local Democracy, Economic Development and [Lords], continued

“3A	Proposals made by the selector

(1)	The first short list of proposals drawn up by the selector subsequent to the

passing of this Act may contain as many proposals as the selector thinks

it is reasonably practicable to deal with provided that he has sufficient

proposals from local authorities.

(2)	After that first short list of proposals has been submitted the selector may

submit such further proposals as in his opinion it is reasonably

practicable to deal with.

(3)	The selector must, provided that he has sufficient proposals from local

authorities, ensure that there is always a rolling set of proposals being

considered by the Secretary of State.

(4)	The selector must publish his reasons for rejecting any proposals from

local authorities.”.

(3)	In section 5 (proposals: regulations) after paragraph (4)(a) insert—

“(b)	the panel must, subject to subsection (4)(c), include

representatives of parish councils in a local authority’s area,

(c)	a local authority that has established or recognised such a panel

shall select representatives of parish councils to be members of

any such panel unless—

(i)	the parish councils within its area have selected at least

two members to serve on the panel within six months of

the coming into force of this Act; or

(ii)	there are no parish councils within the authority’s area.”.

(4)	In section 2 (proposals by local authorities) after subsection (1) insert—

“(2)	For the purpose of making proposals to the Secretary of State where there

is in the opinion of the Secretary of State a viable county association of

parish councils then he must recognise that association for that purpose.

(3)	Where the Secretary of State has recognised a county association

pursuant to subsection (2) he must invite that association to make

proposals which it considers would contribute to promoting the

sustainability of local communities and, in such a case, sections 2-5 shall

apply.

(4)	Before it makes any proposals a recognised county association must

consult and try to reach agreement with parish councils in its area about

those proposals.

(5)	Where a local authority has not decided to make proposals to the

Secretary of State then provided that at least five per cent. of electors in

its area have signed and delivered a petition to the offices of the authority

specifying that the authority must make proposals then the authority shall

organise a referendum of all electors on the matter in that petition.

(6)	If in that referendum a majority of those voting support the petition then

the authority must within 12 months make proposals and in such a case

the provisions of this Act or the Act of 2007 shall apply.

Consideration of Bill: 13 October 2009

1285

Local Democracy, Economic Development and [Lords], continued

(7)	The Secretary of State must within 12 months of the passing of this Act

make regulations about the drawing up and presentation of petitions and

the holding of referendums under this Act..”’.

Delegation by regional development agencies

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC15

To move the following Clause:—

‘(1)	The Regional Development Agencies Act 1998 (c. 45) is amended as follows.

(2)	After section 6A (delegation of functions to the Mayor of London and the London

Development Agency) insert—

“6B	Delegation of functions and funding by regional development agencies

(1)	The Secretary of State shall make proposals in consultation with the

regional development agencies within six months of the coming into

force of this section for a scheme of delegation for the discharge of their

functions to a local authority within their area, or jointly by a group of

local authorities within their area.

(2)	For the purposes of this section, a “function” shall include—

(a)	part of a function or any function which is exercisable only in

relation to part of the area of a local authority;

(b)	the determination and allocation of funding or any expenditure

programme to other persons or bodies, whether by grant, loan or

other means;

(c)	the transfer to one or more local authorities, or to a partnership

of one or more such authorities with one or more other persons

or bodies of funds for the purposes of implementing a

programme of investment in pursuance of the social, economic

and environmental wellbeing of the area.

(3)	The scheme of delegation shall apply to the functions of all or any of the

regional development agencies as the Secretary of State considers

appropriate following consultation with relevant local authorities in the

area.

(4)	The scheme shall be implemented no later than two years from the

coming into force of this section.

(5)	Two or more local authorities to which any function has been delegated

under this section may arrange for it to be discharged by them jointly or

in accordance with any executive arrangements agreed by them from

time to time.”’.

Consideration of Bill: 13 October 2009

1286

Local Democracy, Economic Development and [Lords], continued

Power of general competence

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC16

To move the following Clause:—

‘(1)	The Local Government Act 2000 (c. 29) is amended as follows.

(2)	For subsection 2(1) substitute—

“2  (1)

Every local authority has full powers and capacity to carry on or

undertake any activity or business, do any act, or enter into any

transaction with full rights, powers and privileges for so doing.”.

(3)	For subsection 2(2) substitute—

“(2)	Subsection (1) applies subject to—

(a)

this Act;

(b)	any other enactment; and

(c)	the general law.”.

(4)	For subsection 2(5) substitute—

“(5)	The powers under subsection (1) may be exercised in relation to or for

the benefit of—

(a)	the whole or any part of the local authority area; or

(b)	all or any persons resident or present in a local authority’s

area; or

(c)	any person or area situated outside the local authority’s area if

they consider that it is likely to benefit their area or persons

resident there.”’.

Abolition of the Standards Board for England and the Adjudication Panel for England

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC17

To move the following Clause:—

‘(1)	The Standards Board for England and the Adjudication Panel for England shall

be abolished.

(2)	Sections 57, 57D, 58, 59, 60, 61, 62, 63, 64, 65, 65A, 66A, 66B, 66C, 67(1),

75(1), (3), (4), (7), (9), (11), 78A, 78B and Schedule 4 of the Local Government

Act 2000 (c. 22) shall cease to have effect.

(3)	The Secretary of State may also by order make transitional or consequential

provisions (including by amendment of the Local Government Act 2000) as are

necessary due to the abolition of the Standards Board for England and the

Adjudication Panel for England.

(4)	Any order under subsection (3) must be made by statutory instrument.

Consideration of Bill: 13 October 2009

1287

Local Democracy, Economic Development and [Lords], continued

(5)	A statutory instrument containing an order under this section may not be made

unless a draft of the instrument has been laid before, and approved by a resolution

of, each House of Parliament.’.

Abolition of comprehensive area assessments

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

NC18

To move the following Clause:—

‘(1)	Sections 99 and 100 of the Local Government Act 2003 (c. 26) shall cease to have

effect.’.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

24

Page  2,  line  19  [Clause  1],  at end insert—

‘(4)	This Chapter shall not come into force until 1 July 2011.’.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

25

Page  7,  line  10  [Clause  10],  at end insert—

‘(5)	This Chapter shall not come into force until 1 July 2011.’.

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

26

Page  16,  line  9  [Clause  23],  at end insert—

‘(9)	This Chapter shall not come into force until 1 July 2011.’.

Consideration of Bill: 13 October 2009

1288

Local Democracy, Economic Development and [Lords], continued

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

27

Page  50,  line  8  [Clause  66],  at end insert—

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

consider the impact on the social, environmental and economic wellbeing of the

authority’s area, including in particular where applicable (but not limited to) the

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

Joan Walley

Mr Tim Yeo

Martin Horwood

Chris McCafferty

David Taylor

Jim Cousins

12

Page  50,  line  15  [Clause  67],  leave out ‘economic’.

Joan Walley

Mr Tim Yeo

Martin Horwood

Chris McCafferty

David Taylor

Jim Cousins

13

Page  50,  line  20  [Clause  67],  at end insert ‘and policies that seek to protect and

enhance the environment, including biodiversity, natural resources and landscape.’.

Joan Walley

Mr Tim Yeo

Martin Horwood

Chris McCafferty

David Taylor

Jim Cousins

14

Page  50,  line  35  [Clause  67],  at end add—

‘(9)	In subsection (2)(a) “sustainable growth” means economic growth that can be

sustained and is within environmental limits but also enhances the environment

and social welfare and avoids greater extremes in future economic cycles.’.

Mr David Drew

David Taylor

2

Page  52,  line  11  [Clause  70],  at end insert—

‘(3)	The responsible regional authorities shall establish and support a body whose

purpose shall be to promote and scrutinise the achievement of sustainable

development in their region.

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Revised 13 October 2009