House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 18 June 2009
37

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

Penalties

Graham Stringer

Not called  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

Not called  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.’.

Public Bill Committee Proceedings: 18 June 2009
38

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

Local spending reports

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

Not moved  NC5

To move the following Clause:—

‘(1)
Section 6 of the Sustainable Communities Act 2007 (c. 23) (local spending

reports) is amended as follows.

(2)
At the end of subsection (9) insert “and shall make all arrangements within the

period of 26 months beginning on that date.”’.

Power of general competence

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

Withdrawn  NC7

To move the following Clause:—

‘(1)
The Local Government Act 2000 (c. 22) is amended as follows.

(2)
Sections 3(1) to (4A) and (8) are deleted.

(3)
After subsection 8 insert—

“The Secretary of State must prepare proposals to devolve more functions to

principal local authorities (as defined in Clause (3) of this Act) within the period

of one year beginning with the day on which this Act is passed.”’.

Abolition of comprehensive area assessments

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

Withdrawn  NC8

To move the following Clause:—

‘(1)
Sections 99 and 100 of the Local Government Act 2003 (c. 26) are deleted.’.

Public Bill Committee Proceedings: 18 June 2009
39

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

Abolition of national process targets

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

Withdrawn  NC9

To move the following Clause:—

‘(1)
The Local Government and Public Involvement in Health Act 2007 (c. 28) is

amended as follows.

(2)
In section 105 insert—

“(4)
All national targets and local improvement targets incorporated within a

local area agreement (as defined in section 106(1) or designated under

section 109) shall relate solely to the quality and quantity of frontline

services within the local authority’s area rather than processes relating to

such services.”’.

Payments by parish and community councils

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

Withdrawn  NC10

To move the following Clause:—

‘(1)
The Local Government Act 1972 (c. 70) is amended as follows.

(2)
In section 150, for subsection 5, there is substituted—

“(5)
Every parish or community council must make safe and efficient

arrangements for the making of their payments.”.

(3)
In section 246, for subsection 12, there is substituted—

“(12)
Charter trustees must make safe and efficient arrangements for the

making of their payments.”’.

Payments by charter trustees

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

Not called  NC11

To move the following Clause:—

‘(1)
The Charter Trustees Regulations 1996 (SI 1996/263) is amended as follows.

(2)
In Regulation 15, for paragraph (2), there is substituted—

Public Bill Committee Proceedings: 18 June 2009
40

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

“(2)
Charter trustees must make safe and efficient arrangements for the

making of their payments.”’.

Payments by parish and community councils and charter trustees

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

Not called  NC12

To move the following Clause:—

‘(1)
The Secretary of State may by regulations prescribe requirements relating to the

making of payments by—

(a)
a parish council, or

(b)
charter trustees in England constituted under section 246 of the Local

Government Act 1972 or the Charter Trustees Regulations 1996 (SI

1996/263).

(2)
The Welsh Ministers may by regulations prescribe requirements relating to the

making of payments by—

(a)
a community council, or

(b)
charter trustees in England constituted under section 246 of the Local

Government Act 1972 or the Charter Trustees Regulations 1996 (SI

1996/263).

(3)
Regulations under this section may make different provisions for different cases.

(4)
Regulations under this section must be made by statutory instrument.

(5)
A statutory instrument containing regulations under this section is subject to

annulment in pursuance of a resolution of—

(a)
either House of Parliament (in the case of regulations under subsection

(4)), or

(b)
the National Assembly for Wales (in the case of regulations under

subsection (5)).

(6)
This section comes into force—

(a)
in relation to England, on such day as the Secretary of State may by order

made by statutory instrument appoint;

(b)
in relation to Wales, on such day as the Welsh Ministers may so

appoint.’.

Audit

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

Not moved  NC13

To move the following Clause:—

Public Bill Committee Proceedings: 18 June 2009
41

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

‘(1)
Section 16 of the Audit Commission Act 1998 is amended as follows.

(2)
After subsection (3) insert—

“(4)
An auditor shall only have a duty to consider an objection if a number of

electors greater than the threshold make an objection in respect of any

item or group of items within the accounts under audit.

(5)
The threshold referred to in (4) above shall be 10 electors or 1% of the

electoral roll, whichever is the greater.”’.

Delegation of functions by regional development agencies

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

Not called  NC14

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 by regional development agencies

(1)
Subject to the provisions of this section, a regional development agency

shall have power to arrange for the discharge of any of their functions by

a local authority within their area or jointly by a group of local authorities

within that area.

(2)
For the purposes of this section, a ‘function’ shall include any part of a

function, or any function or part of a function which is exercisable only

in relation to part of the area of a local authority.

(3)
A regional development agency shall within six months of the coming

into force of this section and at yearly intervals thereafter propose such

delegations for the discharge of any of their functions by a local authority

within their area, or jointly by a group of local authorities within that

area, having regard to the desirability of maximising such delegation.

(4)
Whether or not a regional development agency has made proposals under

subsection (3), the Secretary of State shall have power to direct an agency

to make such delegations as he may determine, after taking into account

any representations made to him by any local authority in the area

concerned, or by the agency.

(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.”’.

Public Bill Committee Proceedings: 18 June 2009
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Local Democracy, Economic Development and -[ [], continued

Abolition of the Infrastructure Planning Commission

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

Not called  NC15

To move the following Clause:—

‘(1)
The Infrastructure Planning Commission shall be abolished.

(2)
Sections 1 to 4, 61 to 85, 104, 109 to 113, 121 and Schedule 1 of the Planning Act

2008 (c. 29) shall cease to have effect.

(3)
The Secretary of State shall by order amend the Planning Act 2008 to give effect

to the following principles—

(a)
an application for development consent shall be made to the Secretary of

State and determined by the Secretary of State;

(b)
an examination of an application for development consent shall be

carried out by a person or persons appointed by the Secretary of State.

(4)
The Secretary of State may also by order make transitional or consequential

provisions (including by amendment of the Planning Act 2008 and the Town and

Country Planning Act 1990) as are necessary due to the abolition of the

Infrastructure Planning Commission.

(5)
Any order under subsection (3) or (4) must be made by statutory instrument.

(6)
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 the Standards Board for England and the Adjudication Panel for England

Mr Paul Goodman

Mr Stewart Jackson

Mr Philip Dunne

Withdrawn  NC16

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.

(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 approve by a resolution

of, each House of Parliament.’.

Public Bill Committee Proceedings: 18 June 2009
43

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

Building targets

Mr Peter Lilley

Withdrawn  NC17

To move the following Clause:—

‘No local authority which has a responsibility to plan for building a target number

of homes may seek to meet its target by applying for planning permission in the

area of another local authority.’.

Number of Regional Development Agencies

Julia Goldsworthy

Dan Rogerson

Not called  NC18

To move the following Clause:—

‘In section 25 of the Regional Development Agencies Act 1998 for subsection (2)

substitute—

“(2)
The alterations that may be made by an order under this section include

alterations that result in a reduction or increase in the number of regions

in that Schedule, where the order has been made following a request from

one or more local authorities under section [Regional Development

Agency boundaries] of the Local Democracy, Economic Development

and Construction Act 2009.”’.

Regional Development Agency boundaries

Julia Goldsworthy

Dan Rogerson

Not called  NC19

To move the following Clause:—

‘(1)
A local authority may request a review under section 25 of the Regional

Development Agencies Act of the extent of the Regional Development Agency

area of which it is a part.

(2)
If the Secretary of State receives a request under subsection (2), he must—

(a)
undertake a review, or

(b)
make publicly available the reasons for refusing the request.’.