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Consideration of Bill: 13 October 2009                  



Local Democracy, Economic Development and [Lords], continued



For the purpose of subsection (1) the responsible regional authorities in relation


to a region and the Secretary of State must have regard to the advice of the body


established under subsection (3).’.



Mr David Drew


David Taylor




Page  53,  line  2  [Clause  72],  at end insert—



The public shall be given an early and effective opportunity within appropriate


timeframes to express their opinion on—



the key issues and options for the regional strategy, and



the draft regional strategy.



The responsible regional authorities shall establish and support a stakeholder


body which shall include social, environmental and economic partners, and


whose purpose shall be to provide advice on—



the revision of the regional strategy, including its project management


and the vision of the strategy;



the statement of community involvement prepared under subsection (1);



arrangements for, and the report of the findings of, the appraisal of


sustainability prepared under section 74(2);



the plan for implementing the regional strategy prepared under section





the report prepared under section 78(2).’.



Mr David Drew


David Taylor




Page  56,  line  14  [Clause  78],  at end insert—



must use a full range of social, environmental and economic indicators.’.



Dan Rogerson


Julia Goldsworthy




Page  60,  line  19  [Clause  88],  after ‘authority’, insert ‘except where those functions


relate to land use planning’.


Dan Rogerson


Julia Goldsworthy




Page  60,  line  34  [Clause  88],  after ‘the’, insert ‘sustainable’.



Consideration of Bill: 13 October 2009                  



Local Democracy, Economic Development and [Lords], continued


Secretary John Denham




Page  82,  line  3  [Clause  137],  after ‘applies’ insert ‘in relation’.


Secretary John Denham




Page  82,  line  7  [Clause  137],  leave out from beginning to end of line 13 and





The contractual provision referred to in subsection (1) is ineffective unless—



it is made in writing, is contained in the construction contract and confers


power on the adjudicator to allocate his fees and expenses as between the


parties, or



it is made in writing after the giving of notice of intention to refer the


dispute to adjudication.”’.


Mr Nick Raynsford




Page  82,  line  13  [Clause  137],  at end insert—


‘( )    

In the absence of an agreement under subsection (1) the adjudicator shall be


entitled to the payment of such reasonable amount as he may determine by way


of fees and expenses reasonably incurred by him.


( )    

The parties shall be jointly and severally liable for any sum which remains


outstanding following the making of any determination on how the payment shall


be apportioned.’.


Dan Rogerson


Julia Goldsworthy




Page  82,  line  24  [Clause  138],  at end insert—



the issue of any notice, certificate, the making of any decision or on the


occurrence of any event under another contract.’.


Dan Rogerson


Julia Goldsworthy




Page  82,  line  25  [Clause  138],  leave out ‘do not’.


Dan Rogerson


Julia Goldsworthy




Page  82,  line  26  [Clause  138],  leave out ‘(but see section 113)’.



Dan Rogerson


Julia Goldsworthy




Page  83  [Clause  139],  leave out line 8 to 10.


Consideration of Bill: 13 October 2009                  



Local Democracy, Economic Development and [Lords], continued


Dan Rogerson


Julia Goldsworthy




Page  83  [Clause  139],  leave out lines 14 to 30 and insert—



A notice complies with this subsection if it specifies—



the sum that the payee considers to be or to have been due at the payment


due date in respect of the payment, and



the basis on which that sum is calculated.’.


Dan Rogerson


Julia Goldsworthy




Page  83  [Clause  139],  leave out from line 41 to line 23 on page 84.



Dan Rogerson


Julia Goldsworthy




Page  84,  line  31  [Clause  140],  leave out from beginning to line 46 on page 85 and





For the purposes of this section , the “notified sum” in relation to any payment


provided for by a construction contract means the amount specified in the notice


complying with section 110A(2).



Not later than 14 days after the payment due date the payer or a specified person


may in accordance with this section give to the payee a notice of the payer’s


intention to pay less than notified sum.



A notice under subsection (3) must specify—



the sum that the payer considers to be due on the date the notice is served,





the basis on which that sum is calculated, and



the precise reasons that justify the difference between the notified sum


referred to in subsection (1) and the sum in a notice issued under


subsection (3).



A notice under subsection (3) may not be given before the notice by reference to


which the notified sum is determined.



Where a notice is given under subsection (3), subsection (1) applies only in


respect of the sum specified pursuant to subsection (4)(a).



Subsection (8) applies where in respect of a payment a notice under subsection


(3) is given in accordance with this section, but on the matter being referred to


adjudication the adjudicator decides that more than the sum specified in the notice


should be paid.



In a case where this subsection applies, the decision of the adjudicator referred to


in subsection (7) shall be construed as requiring payment of the additional amount


not later than—



seven days from the date of the decision, or



the date which, apart from the notice, would have been the final date for





whichever is the later.



Any contractural provision between the parties to a construction contract which


seeks to exclude or oust the provisions of this section is ineffective. It is


Consideration of Bill: 13 October 2009                  



Local Democracy, Economic Development and [Lords], continued


inmaterial whether or not the contractural provision is contained in the


construction contract.’.



Dan Rogerson


Julia Goldsworthy




Page  85  [Clause  140],  leave out lines 39 and 40.



Secretary John Denham




Page  87,  line  17  [Clause  144],  leave out ‘Chapter 2 comes’ and insert ‘Sections


[Mutual insurance] and [Mutual insurance: supplementary] and Chapter 2 come’.



Secretary John Denham




Page  137,  line  40  [Schedule  7],  second column, at beginning insert—


‘Section 106(1)(b) and the preceding “or”.’.



Secretary John Denham




Title,  line  5,  after ‘authorities’ insert ‘, their powers relating to insurance’.



Order of the House [1 JUNE 2009]


That the following provisions shall apply to the Local Democracy, Economic


Development and Construction Bill [Lords]:





The Bill shall be committed to a Public Bill Committee.


Proceedings in Public Bill Committee



Proceedings in the Public Bill Committee shall (so far as not previously


concluded) be brought to a conclusion on Thursday 18 June 2009.



The Public Bill Committee shall have leave to sit twice on the first day on


which it meets.


Consideration of Bill: 13 October 2009                  



Local Democracy, Economic Development and [Lords], continued


Consideration and Third Reading



Proceedings on consideration shall (so far as not previously concluded) be


brought to a conclusion one hour before the moment of interruption on the


day on which those proceedings are commenced.



Proceedings on Third Reading shall (so far as not previously concluded) be


brought to a conclusion at the moment of interruption on that day.



Standing Order No. 83B (Programming committees) shall not apply to


proceedings on consideration and Third Reading.


Other proceedings



Any other proceedings on the Bill (including any proceedings on


consideration of any message from the Lords) may be programmed.





The following Notices have been withdrawn:


Dan Rogerson


Julia Goldsworthy




Page  83  [Clause  139],  leave out lines 11 to 13.


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Revised 13 October 2009